Court of Appeals of Illinois, First District, Fifth Division
Appeal
from the Circuit Court of Cook County. No. 18 CH 8419
Honorable Michael T. Mullen, Judge, Presiding.
PRESIDING JUSTICE HOFFMAN delivered the judgment of the
court, with opinion. Justices Rochford and Delort concurred
in the judgment and opinion.
OPINION
HOFFMAN PRESIDING JUSTICE
¶
1 The plaintiff, Tangela Gatz, appeals from a judgment of the
circuit court of Cook County, which confirmed a decision of
the Board of Trustees of the Maywood Police Pension Fund (the
Board), denying her application for a surviving spouse's
pension pursuant to section 3-112(e) of the Illinois Pension
Code (Code)(40 ILCS 5/3-112(e) (West 2016)), based on the
death of her husband, Ryan Gatz. (hereinafter referred to as
Ryan), a police officer in the employ of the Village of
Maywood. For the reasons that follow, we affirm the judgment
of the circuit court.
¶
2 Ryan was a member of the Maywood Police Department, having
been appointed as a probationary officer on March 19, 2009,
and receiving his regular appointment on March 19, 2010. The
plaintiff alleged that Ryan died as the result of
post-traumatic stress disorder (PTSD) which he developed
after an officer-involved shooting on October 25, 2014. The
facts of this case are, in relevant part, undisputed. The
following factual recitation is taken from the evidence
adduced at the hearings on the plaintiffs pension application
held before the Board on August 25, 2017 and March 27, 2018.
¶
3 Certain facts noted by the Board relating to Ryan's
medical treatment prior to the October 25, 2014 incident, are
relevant to the resolution of this appeal. On November 8,
2004, Ryan was treated at Rush Oak Park Hospital for
"severe, acute anxiety." On December 17, 2004,
following an incident where Ryan was at home acting unusual
while in possession of a firearm, he was taken to Gottlieb
Hospital and admitted to the psychiatric ward. The police
report of the incident states that Ryan was having problems
with narcotics and had consumed numerous prescription drugs
and drank nail polish remover. As a result, Ryan was placed
on administrative leave from his position with the Cook
County Sheriff.
¶
4 The plaintiff testified that she first met Ryan in the fall
of 2013. According to the plaintiff, when she first met him,
Ryan admitted to being a recovering addict. Over the next six
months, the plaintiff never saw Ryan drink alcohol, and the
only medication he used was for his blood pressure. She
stated that Ryan attended a weekly Alcoholics Anonymous
meeting on Friday evenings. Ryan and the plaintiff were
married on February 14, 2014. The plaintiff testified that,
from the time of their marriage until October 2014, Ryan did
not consume alcohol, and he only took his blood pressure
medication.
¶
5 According to police reports, on October 25, 2014, Ryan and
Officer Whitlock attempted to apprehend a suspected narcotics
offender. Officer Whitlock observed the suspect reach for his
waistband and saw a gun. When the suspect pointed the gun at
Officer Whitlock, the officer fired several shots, striking
the suspect. The report states that Ryan exited his vehicle
after hearing the gunshots. While Ryan and Officer Whitlock
were standing on the sidewalk, a car drove toward them. They
responded by firing at the car, which sped off. The suspect
was transported by ambulance to a hospital where he died.
Ryan and Officer Whitlock were taken in a separate ambulance
to Loyola Hospital's emergency room. According to the
hospital records, Ryan was diagnosed with unspecified chest
pain and released.
¶
6 The following day, Ryan was examined at Loyola's
immediate care facility. The records of that visit state that
he complained of chest pains, palpitations, insomnia, and
anxiety. He reported feeling stressed and unable to sleep;
"[f]eels like he may be having anxiety and panic which
he has had in the past." Ryan was given anti-anxiety
medication and released.
¶
7 On November 10, 2014, Ryan sought treatment with Dennis
Delfosse, LCPC, who diagnosed him with "acute stress
reaction." Delfosse's case review states: "Post
shooting evaluation. Incident on 24 Oct. off work until
further notice *** Anxiety, tension and temper problems at
home *** sleep impaired ***some images and flashbacks."
A case review dated December 11, 2014, states: "Good
progress *** Believes he is ready for work *** Some sleep
difficulty but minimal."
¶
8 On October 13, 2015, Ryan was seen by Dr. Gigante for blood
pressure issues. In his report of that visit, Dr. Gigante
wrote: "PT diagnosed recently with HTN and has HX of
chronic general anxiety disorder which is well controlled
with Klonopin."
¶
9 In a case review dated October 15, 2015, Delflosse noted
that Ryan "reports he has a psychiatrist who will now
follow him with EMDR TX and medication MGT *** Will
discontinue SVCS here."
¶
10 On October 19, 2015, Ryan was admitted to Advocate
Lutheran General Hospital. The record of that admission
states: "psychiatric stabilization and detox management
from the various medications he has been taking for the past
year. Problems for him began on 10/24/2014, when there was a
death of a suspect in which he was involved as a Maywood
police officer." On October 23, 2015, Ryan was evaluated
by Dr. Cynthia Gordon of Advocate's behavioral health
group. In her assessment, Dr. Gordon noted: "Depression
*** Panic disorder without agoraphobia *** Post-traumatic
stress disorder chronic." She also noted that Ryan
denied, among other thoughts, suicidal ideation, suicidal
intent, and suicide plans.
¶
11 Ryan was treated by Dr. Diane Heidmann at the Rehab
Institute of Chicago for pain management associated with two
torn rotator cuffs. On July 7, 2016, Dr. Heidmann prescribed,
among other drugs: hydorcodone for pain, one tablet of which
was to be taken every 4 hours as needed. In her report of
that visit, Dr. Heidmann recorded that Ryan had been seeing
Dr. Madison a pain specialist and that he had been prescribed
hydromorphone. She also noted that Ryan was "[u]nder
care of a psychiatrist for PTSD. He is currently on
disability. Used to work as a police officer. His symptoms
started after he shot someone." The ...