Illinois Appellate Court, First District, 1/29/26 (Unpublished)
Issue:
Whether the Pension Board had “satisfactory proof” under Section 4-112 of the
Illinois Pension Code to terminate a firefighter’s previously awarded line-of-duty
disability pension on the basis that she had recovered from her disability.
Facts:
Firefighter Jasmine Sandora suffered a duty-related wrist injury in March 2020.
She underwent two surgeries and later a functional capacity evaluation (FCE) which
found permanent restrictions preventing full firefighter duties. In December 2021, the
Pension Board granted her a line-of-duty disability pension. In 2023, the Board obtained
an IME from Dr. Vender, and two social media videos showing Sandora lifting weights
and allegedly swinging from a rope off a cliff. The Board held a hearing to review and
terminated her disability pension, finding she had recovered. The Board terminated
benefits based on findings that: (1) Sandora’s activities were inconsistent with disability,
(2) She had not sought treatment since 2021, (3) Dr. Vender’s opinion was more credible
finding Sandora was not disabled, the FCE was subjective, and social media videos
showed her acting beyond restrictions. Treating physician maintained, however, that
Sandora had permanent restrictions inconsistent with firefighter duties, weightlifting
video did not negate disability.
Illinois Appellate Court reversed the decision of Board finding the pension board
could not terminate a disability pension unless there is satisfactory proof the firefighter
has recovered from the disability. The Court reasoned that Dr. Vender never actually
opined that Sandora recovered, instead he testified only that he believed she was never
disabled in the first place. In addition, the Court found the Board improperly relied upon
IME opinions which were heavily influenced by the rope swinging video which depicted
Sandora’s wife not her. Finally, the treating physicians evidence and FCE restrictions
still supported a finding of disability.
Key Takeaways:
A board cannot terminate benefits by showing the firefighter was never disabled. The
burden of proof is on the pension board to produce satisfactory proof of evidence of
recovery which should include a basis for any IME opinion which says “not disabled.”
Be careful what is taken from social media. Must be authentication of evidence to ensure
accuracy, especially in the era of artificial intelligence.