McCUMBER v. BOARD OF TRUSTEES OF THE OSWEGO FPD FIREFIGHTERS PENSION FUND

On January 15, 2019 the Second District Appellate Court heard oral arguments in McCumber v. Board of Trustees of the Oswego Fire Protection District Firefighters’ Pension Fund.  The plaintiff, a firefighter, applied for a line of duty disability pension based on an anxiety disorder.  The pension board denied the plaintiff’s application for a line of duty disability pension.  The plaintiff did not have 7 years of creditable service so he did not apply for a not in duty disability pension in the alternative.

The trial court affirmed the pension board’s decision.  The plaintiff appealed.  The plaintiff claims the evidence in the record supports a finding that plaintiff’s participation in training exercises in a burn tower was a causative factor in triggering the plaintiff’s disabling anxiety disorder.  The pension board claims the evidence supports a finding that plaintiff’s disability resulted solely from a pre-existing condition and that an act of duty did not cause or contribute to the plaintiff’s disability.

PGM will post the Appellate Court’s decision once issued.