Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lelis v. Board of Trustees of Cicero Police Pension Fund

Court of Appeals of Illinois, First District, Third Division

May 22, 2013

LORI A. LELIS, Plaintiff-Appellant,
v.
THE BOARD OF TRUSTEES OF THE CICERO POLICE PENSION FUND, THOMAS KURATKO, KENNETH BENSON, JOSEPH FEULNER, CHARLES HERNANDEZ, KENNETH LYONS, in Their Official Capacity, and THE CICERO POLICE PENSION FUND, Defendants-Appellees.

Appeal from the Circuit Court of Cook County No. 11 CH 43037, Honorable Rita M. Novak, Judge Presiding.

Presiding Justice Neville and Justice Sterba concurred in the judgment and opinion.

OPINION

PIERCE, JUSTICE

¶1 Plaintiff Lori Lelis filed an application for "line of duty" disability benefits on March 5, 2011 pursuant to section 3-114.1 of the Illinois Pension Code (the Code). 40 ILCS 5/3-114.1 (West 2010). The Board of Trustees of the Cicero Police Pension Fund (the Board) did not hear the merits of Lelis's 2011 application. Instead, the Board found as a preliminary basis that it did not have jurisdiction over her 2011 application. The Board characterized her application as a request to reconsider a previously adjudicated application for benefits which was denied in 2000. The Board also ruled that the doctrines of res judicata and collateral estoppel barred consideration of her 2011 request.

¶2 Lelis filed a complaint in the circuit court of Cook County against the Board and its individual members (collectively the Board) seeking administrative review of the Board's decision. On June 5, 2012, the circuit court dismissed her complaint. The circuit court found that it did not have jurisdiction to hear the matter presented and found that the Board's refusal to hear the application was "not against the manifest weight of the evidence, clearly erroneous or contrary the law." In this appeal Lelis argues: (1) the Board erred in refusing to hear the merits of her 2011 application where a new factual basis was asserted in support of her claim; (2) the circuit court erred in affirming the Board's order refusing to hear the merits of the 2011 application where new allegations were asserted; and (3) the Board erred in refusing to hear the application finding it was barred by to the doctrines of res judicata and collateral estoppel. Lelis filed a timely notice of appeal on July 5, 2012 pursuant to Illinois Supreme Court Rule 303(a)(1) (eff. May 30, 2008). For the following reasons, we reverse the Board and circuit court's decisions and remand this matter to the Board for further proceedings consistent with this opinion.

¶3 BACKGROUND

¶4 Plaintiff, Lori Lelis, was hired as a police officer and became a vested member of the Cicero Police Pension Fund on October 16, 1986. On March 10, 1999, Lelis filed an application for "line of duty" pension benefits with the Board (the 1999 Application). Plaintiff alleged in that matter that she was injured on March 28, 1998, while lifting a dead body onto a stretcher while in the course of her police duties. The Board denied her application for "line of duty" pension benefits on March 30, 2000, finding her not disabled at that time.

¶5 Subsequently, Lelis filed a complaint in the circuit court of Cook County for administrative review in April of 2000. The circuit court sustained the Board's March 30, 2000 administrative decision to deny "line of duty" benefits sought in the 1999 Application. Plaintiff did not appeal the circuit court's ruling.

¶6 Eleven years later, on January 11, 2011, Lelis sent a letter to the Board requesting "line of duty" disability benefits. In completing the Board's interrogatories and request for production, plaintiff wrote that her injuries occurred on March 28, 1998 and January 2010. Plaintiff described her injury and illness as "physical - lower back" and "lupus - internal disease." In her 2011 application and correspondence with the Board, plaintiff stated that she worked for the police department on light duty assignments from May 2000 through to the date of the application, asserting the light duty assignment was not a permanent assignment.

¶7 Thereafter, the Board held several meetings where the 2011 application was placed on the agenda. Lelis was present at those meetings. On November 18, 2011, the Board denied her application. The Board, without hearing evidence, concluded her 2011 application was a request to reconsider her 1999 application and, therefore, it did not have jurisdiction to reconsider the March 20, 2000 decision which denied benefits for the 1998 injury. Additionally, the Board found her 2011 application was barred by the doctrines of res judicata and collateral estoppel.

¶8 Lelis filed an action for administrative review in the circuit court of Cook County on December 15, 2011. In answer, the Board filed the entire administrative record in this matter including inter alia its November 18, 2010 decision and order, correspondence from Lelis, a form application for benefits, a memorandum from plaintiff's counsel regarding her condition and arguments in support of the Board's jurisdiction and transcripts of proceedings wherein the application was discussed. 735 ILCS 5/3-108(b) (West 2010). In affirming the decision and order, the circuit court found the 2011 application was "void of any supporting allegation and/or documentation which may be sufficient in law to support a current accident, injury and/or claim." The circuit court also found that the Board's decision was "not against the manifest weight of the evidence, clearly erroneous or contrary to law." This appeal followed.

¶9 ANALYSIS

¶10 In reviewing a final administrative decision under the Administrative Review Law (735 ILCS 5/3-101 et seq. (West 2010)), this court's role is to review the administrative decision rather than the circuit court's decision. CBS v. Outdoor, Inc. v. The Department of Transportation, 2012 IL App (1st) 111387, ¶ 26. The Administrative Review Law provides that our review extends to all questions of fact and law presented by the entire record. 735 ILCS 5/3-110 (West 2010); Aurora Manor, Inc. v. Department of Public Health, 2012 IL App (1st) 112775, ¶ 18; Eschbach v. McHenry Police Pension Board, 2012 IL App (2d) 111179 ¶¶ 16, 18; International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security, 215 Ill.2d 37, 61 (2005). The statute, however, specifically limits judicial review to the administrative record. 735 ILCS 5/3-110 (West 2010); Robbins v. Board of Trustees of the Carbondale Police Pension Fund, 177 Ill.2d 533, 538 (1997). The appropriate standard of review concerning administrative decisions is contingent upon whether the question being reviewed is one of fact, one of law, or a mixed question of fact and law. City of Belvidere v. Illinois State Labor Relations Board, 181 Ill.2d 191, 205 (1998).

¶11 As a preliminary matter, Lelis and the Board assert different standards for review of the Board's November 18, 2011 order. Lelis argues that our review is de novo as the Board merely considered the threshold issue of jurisdiction and did not make findings of fact or decide the 2011 Application on the merits. The Board contends the clearly erroneous standard applies in this instance since the Board's decision ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.