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· 9/24/2009

Kouzoukas v. Retirement Board of the Policemen's Annuity & Benefit Fund

Citations

  • 917 N.E.2d 999
  • 234 Ill. 2d 446
  • 334 Ill. Dec. 924
  • 2009 Ill. LEXIS 1293

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing denial of duty disability benefit where one physician proposed alternative causes, but all other evidence and testimony linked applicant’s pain to an on-duty injury
  • “As a general rule, prejudgment interest is recoverable only where authorized by the agreement of the parties or by statute.”
  • “As a general rule, prejudgment interest is recoverable only where authorized by the agreement of the parties or by statute.”
  • while an agency’s credibility determinations “should be afforded considerable weight, they are not immune from review”
  • since claimant was never offered a position to accommodate her physical restrictions, the Board could not say that she was not disabled within the meaning of the Pension Code
  • every medical professional who examined the plaintiff found that she suffered pain as a result of a lower back strain and that the pain, in turn, prevented the plaintiff from returning to work as a full-duty police officer

Source: CourtListener parenthetical corpus (CC0).

Judges: Burke

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.