Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois Honorable Michael E. Brandt, Judge, Presiding. Circuit No. 10-MR-287
The opinion of the court was delivered by: Presiding Justice Carter
PRESIDING JUSTICE CARTER delivered the judgment of the court, with opinion. Justices Lytton and O'Brien concurred in the judgment and opinion.
¶ 1 Plaintiff, John A. Mingus, a Peoria police officer who was injured on duty while trying to push a motorist's stuck vehicle out of the snow, applied for a line-of-duty disability pension. After a hearing, the Board of Trustees of the Police Pension Fund of Peoria (the Board) found that Mingus's injury was not a result of the performance of an act of duty and awarded Mingus a nonduty disability pension instead. The trial court affirmed the Board's ruling upon administrative review. Mingus appeals, arguing that the Board erred in finding that his injury was not incurred in the performance of an act of duty and in denying his request for a line-of-duty disability pension on that basis. We reverse the trial court's ruling, set aside the Board's ruling, and remand this case with directions to the Board to award Mingus a line of duty disability pension.
¶ 3 The issue presented in this appeal is very narrow. There is no dispute that Mingus is disabled for service as a police officer. The only finding in dispute is the Board's determination that Mingus's injury was not incurred as the result of the performance of an act of duty. The evidence presented at the hearing in that regard can be summarized as follows.
¶ 4 Mingus testified that he had been a police officer for about 30 years as of the date of the hearing. On December 8, 2006, Mingus was on duty during the day shift and was on patrol in full uniform and in a squad car. There was about six inches of snow on the ground from previous snow storms. According to Mingus, it had snowed earlier that morning, it was cold out, and the roads were icy. The official weather data, however, showed that it had actually snowed lightly the night before and that it had not snowed that morning, although it was foggy and some of the fog had turned to ice. At about 12:15 p.m., Mingus was on patrol heading northbound on Big Hollow Road in Peoria when he came across a vehicle that had gone off the road in the southbound lane. The vehicle was facing southbound with its back end off the road and stuck in the snow and its front end partially on the paved portion of the southbound lane. According to Mingus, the entire roadway in that area was covered with ice.
¶ 5 Mingus made a U-turn, activated his overhead squad car lights, pulled in behind and slightly to the left of the stuck vehicle, and parked in the southbound lane with his lights activated. The teenage driver told Mingus that the vehicle started slipping on the ice and that he lost control of the vehicle and went into the ditch. At some point, another vehicle with two occupants stopped to help. At the hearing in August of 2010, Mingus testified that the other vehicle stopped after he arrived. However, in his report that was prepared shortly after the incident in 2006, Mingus stated that the other vehicle was already there when he arrived. Mingus did not call for a tow truck or to check the amount of time it would take for a tow truck to arrive at that location. Mingus's squad car was equipped with a push bumper; however, Mingus was not able to get behind the stuck vehicle to push it with his squad car because of the snow and ice. In addition, although Mingus could have used his push bumper to push the vehicle from the front so that it was completely out of the roadway and all the way into the ditch, he did not do so.
¶ 6 Mingus decided to try to push the vehicle out of the snow bank by hand and back onto the roadway with the assistance of the two civilians who had stopped to help. Mingus testified that he did so because he wanted to get the vehicle out of that location as soon as possible due to the safety hazard. The road was icy in that area and although vehicles could pass in both directions, vehicles going southbound had to travel into the turn lane to pass the stuck vehicle and Mingus's squad car. Mingus did not remember how much traffic there was at that time but indicated that he did not have to direct traffic or call for a backup officer to assist him. Mingus acknowledged that he allowed the two civilians to help him despite the safety hazard, but stated that he kept watch to make sure that there were no oncoming vehicles while he and the two civilians attempted to push the stuck vehicle out of the ditch. Mingus also acknowledged that he never considered giving the teenage driver a ticket and stated that he did not want to make the young driver's problems worse. As Mingus pushed the vehicle, he felt immediate pain and a pop or a pull in his groin area. Mingus and the two civilians were able to push the stuck vehicle back onto the roadway. Mingus called dispatch to have the road salted but did not close the road or stay to warn motorists of the hazardous conditions. The pain that Mingus experienced in his groin area that day was later determined to be a hernia. Despite several attempts at corrective treatment, Mingus eventually was unable to perform his police officer duties because of the injury.
¶ 7 At the hearing, the Board asked Mingus several questions. The majority of the questions pertained to why Mingus did not take a different course of action, such as calling a tow truck, why Mingus did not ticket the driver, and why Mingus allowed the two civilians to assist him if the situation posed a safety hazard as he had claimed. At the conclusion of the hearing, the Board found that Mingus was disabled for service as a police officer, but that the disability was not the result of the performance of an act of duty. In reaching that conclusion, the Board specifically found that Mingus's testimony was not credible regarding the safety hazard and the need for immediate action and that it appeared that Mingus had skewed his testimony in an attempt to support his claim. The Board denied Mingus's request for a line-of-duty disability pension and awarded Mingus a nonduty disability pension instead. Mingus filed a complaint for administrative review, and the trial court affirmed the Board's ruling. This appeal followed.
¶ 9 On appeal, Mingus argues that the Board erred in denying his request for a line-of-duty disability pension. Mingus asserts that the evidence showed that he was injured in the performance of an act of duty and that the Board incorrectly found that Mingus had suffered a nonduty injury. Mingus asserts further that the Board's decision was improper in that it was heavily based upon factors that should have been given no weight in a proper legal analysis of this issue. Mingus asks, therefore, that we set aside the Board's ruling.
¶ 10 In cases involving administrative review, the appellate court reviews the decision of the administrative agency, not the determination of the circuit court. Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497, 531 (2006). The standard of review that applies on appeal is determined by whether the question presented is one of fact, law, or a mixed question of law and fact. Marconi, 225 Ill. 2d at 532. As to questions of fact, the agency's decision will not be reversed on appeal unless it is against the manifest weight of the evidence. Marconi, 225 Ill. 2d at 532. Questions of law, however, are subject to de novo review, and mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532. Regardless of which standard of review applies, the plaintiff in an administrative proceeding bears the burden of proof and will be denied relief if he or she fails to sustain that burden. Marconi, 225 Ill. 2d at 532-33.
¶ 11 In his brief on appeal, Mingus tries to frame the issue in such a manner as to invoke a more favorable de novo or clearly erroneous standard of review. Our supreme court, however, has already ruled upon this issue and has found that the determination of whether a person is entitled to line-of-duty disability pension benefits is a question of fact. See Marconi, 225 Ill. 2d at 534; Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485, 505 (2007). We are bound by that ruling. See Angelini v. Snow, 58 Ill. App. 3d 116, 119 (1978). Therefore, we will not reverse the Board's decision denying Mingus's request for line-of-duty disability pension benefits unless that decision is against the manifest weight of the evidence. See 735 ILCS 5/3-110 (West 2008); Marconi, 225 Ill. 2d at 531-34. For reversal to be warranted, it must be clearly evident from the record that the Board should have reached the ...