Moisan ordered an X-ray and MRI of the plaintiff's back. Terrence Moisan, the retained physician of the fire protection district, examined the plaintiff. On March 6, 2001, he injured his back loading a 360-pound patient on a stretcher into an ambulance. ♢ ♣ BACKGROUND The plaintiff became a member of the Orland Fire Protection District, and the Orland Firefighters' Pension Fund, on March 30, 1992. We agree with the circuit court and affirm. The circuit court reversed, ruling that the only evidence supporting the termination was that the plaintiff never sustained a disability, which rendered the Board's decision against the manifest weight of the evidence because no proof was presented that the plaintiff had recovered from his disability. The Board terminated the plaintiff's pension. The Board's doctor opined that the plaintiff was never rendered disabled by his 2001 injury. The Board's doctor, based on his examination of the plaintiff and his review of the available medical records dating back to the plaintiff's original injury in 2001, testified that the plaintiff had no objective manifestations of a physical disability and that his only ailment was a subjective claim of pain. The plaintiff's personal physician testified that the plaintiff remained physically incapable of performing the full No. In 2010, the Board held a hearing to examine whether the plaintiff should continue to receive his disability pension. The plaintiff was awarded a disability pension by the Board in 2002 by a three to two vote, following a 2001 injury he sustained while performing his firefighter duties. OPINION ♡ The Orland Firefighter's Pension Board (the Board) terminated the work-related disability pension of plaintiff Eric Hoffman, a decision the circuit court reversed. Justice Gordon dissented in part, with opinion. Justice Hall concurred in the judgment and opinion. JUSTICE GARCIA delivered the judgment of the court, with opinion. 10 CH 28719 The Honorable Sophia Hall, Judge Presiding. ) Appeal from the Circuit Court of Cook County. ) ) ORLAND FIREFIGHTERS' PENSION BOARD ) ORLAND FIREFIGHTERS' PENSION FUND ) MEMBERS OF THE ORLAND FIREFIGHTERS' ) PENSION BOARD (George Shick, President ) Nicholas Anastos, Secretary Salvatore Cacciato, Trustee ) Glenn Michalek, Trustee Robert MitchellL, Trustee ) Bryant Krizik, Fire Chief) and ORLAND FIRE ) PROTECTION DISTRICT, ) ) Defendants-Appellants. 1-11-2120 ERIC HOFFMAN ) ) Plaintiff-Appellee, ) ) v. 2012 IL App (1st) 112120 SIXTH DIVISION NovemNo.
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