On December 3, 2013 the First District Appellate Court heard oral argument in Scepurek v. Board of Trustees of the Northbrook Firefighters’ Pension Fund.  The Pension Board denied the plaintiff’s application for a line of duty disability pension.  The trial court affirmed the Pension Board’s decision.  The issue in the case is whether the Pension Board’s decision with respect to causation was against the manifest weight of the evidence.   The appellate court took issue with the Pension Board’s decision to reject the opinions of its three physicians who concluded that an act of duty either did or could have caused or contributed to the plaintiff’s disability and to instead rely on observations it made of the plaintiff during the hearing.  The appellate court also took issue with the Pension Board’s findings based on its visual observations of the plaintiff during his disability hearing.  The appellate court appears strongly inclined to reverse the Pension Board’s decision.

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