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.