Kouzoukas v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

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State: Illinois

Court: Supreme Court

Docket No: 106976 Rel

Case Date: 09/24/2009

Preview:Docket No. 106976.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

MARIA KOUZOUKAS, Appellee, v. THE RETIREMENT BOARD OF THE POLICEMEN'S ANNUITY AND BENEFIT FUND OF THE CITY OF CHICAGO, Appellant. Opinion filed September 24, 2009.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (the Board) denied the application of Maria Kouzoukas (Kouzoukas) for duty disability benefits. On administrative review, the circuit court reversed the Board's decision and awarded Kouzoukas prejudgment interest. After the appellate court affirmed the circuit court's judgment (383 Ill. App. 3d 942), the Board petitioned for review by this court and we allowed the petition. For reasons that follow, we now affirm the appellate court's judgment that the Board's decision to deny Kouzoukas' application

for duty disability benefits should be set aside. However, we reverse the award of prejudgment interest. BACKGROUND Maria Kouzoukas became a Chicago police officer in 1995. On July 25, 2004, while on patrol, she injured her back when she attempted to move an intoxicated man off the sidewalk and he resisted. After the incident, Kouzoukas immediately sought treatment at the emergency room of Resurrection Medical Center and went on medical leave the following day. Kouzoukas returned to work on September 17, 2004, but due to recurring back pain stemming from her injury, she went back on medical leave on October 23, 2004. Over the next 14 months, Kouzoukas was able to work restricted duty for brief periods of time, but otherwise remained on medical leave due to lower-back pain. On December 15, 2005, when her medical leave was exhausted, Kouzoukas applied to the Board for duty disability benefits. Upon application for benefits, Kouzoukas was required to be examined by the Board's physician, Dr. S. David Demorest. That occurred on December 29, 2005. Subsequently, on March 30, 2006, and April 25, 2006, the Board held hearings on Kouzoukas' application. At these hearings, Kouzoukas presented documentary evidence and witness testimony regarding her disability and the medical treatment she received since her injury in July 2004. Because our review requires us to determine whether the manifest weight of the evidence supports the Board's decision to deny Kouzoukas disability benefits (Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485, 505 (2007), quoting Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497, 534 (2006)), we set forth this evidence in detail. The documentary evidence reveals the following. After being treated and discharged by Resurrection Medical Center on July 25, 2004, Kouzoukas was evaluated at MercyWorks Occupational Medicine Center on July 27, 2004. There she was diagnosed with acute lumbar strain, given a muscle relaxant, and told to perform certain exercises at home. MercyWorks reported to the Chicago police department that Kouzoukas would be unable to return to work -2-

for two to three weeks, but that no permanent disability was anticipated. On August 10, 2004, Kouzoukas was evaluated by Dr. Michael Lewis, an orthopedic surgeon. His examination revealed paravertebral muscle spasm in the dorsal and lumbar spine area and his initial diagnosis was "acute dorsal and lumbar myofascitis" (inflamation of the tissue surrounding the muscle). Although Kouzoukas had suffered a back injury on two prior occasions

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