Board’s Failure to Properly Consider Evidence and Demonstration of Bias Towards the Participant Leads to Reversal of Decision
By: Thomas S. Radja Jr.
The Illinois Appellate Court reversed the Marion Police Pension Board’s termination of Officer Mahan’s line-of-duty disability pension. The Court held the
Board’s decision was against the manifest weight of the evidence and violated Mahan’s due process rights.
Mahan, a Marion police officer since 2007, suffered a line-of-duty injury on May 20, 2011, and was awarded disability benefits on July 26, 2012. Annual reviews in 2016 and 2017 continued benefits, but the Board terminated them in 2018 based on an IME by Dr. Yazdi. The Circuit Court reversed in 2019. A subsequent hearing was held by the Board on March 10, 2021. At that hearing, the Board again terminated benefits by a 4-1 vote. The appellate court again reversed in 2023. A new hearing occurred November 21, 2024, resulting in another termination. This Appeal then ensued. The Illinois Appellate Court analyzed the evidence which supported the officer’s disability. Initial 2012 IMEs by Drs. Lange and Rerri identified a T2-3 herniation and a large osteophyte impinging the left T1 nerve root, found surgery too risky, and deemed Mahan at MMI and permanently unable to perform police duties. Functional Capacity Evaluations in 2018 and 2024 placed Mahan at a medium physical demand level and documented failures on police physical standards. A 2024 FCE reported Mahan could perform 71.4% of job demands. In terminating the disability benefit, the Board relied on an IME by orthopedic surgeon Dr. Chintan Sampat, who opined Mahan had only a soft-tissue strain that should have resolved in 6-12 weeks and could return to unrestricted duty. Dr. Sampat diagnosed the herniated disc injury as a “strain,” and did not know the Illinois or Marion police physical ability requirements of the job.
In reversing the Board’s decision, the Illinois Appellate Court held that Police disability benefits may be terminated only if the officer has recovered from the disability that justified the original award. The court found the Board’s reliance on Dr. Sampat flawed because he disputed the original injury findings that underpinned the 2012 disability award. The Court concluded the record lacked support for Mahan performing police work. The Court also determined the Board violated Mahan’s due process by exhibiting bias towards him during the hearings before the Board.
The record contained evidence of Board trustees making comments which suggested they had a predisposition against granting benefits. Comments included, “let’s go for broke,” “he’ll probably come in jogging,” “probably teaching Zumba,” and they were approving retroactive pay “under protest.” The Court found the statements showed bias which undermined an impartial tribunal.
Mahan v. Marion Police Pension Board, Illinois Appellate Court, Fifth District, Decided September 2, 2026.
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