BBP convinces Appellate Court to Uphold Duty Disability Benefit Determination of Cook County Retirement Board

Finding nothing to suggest a pension board’s findings were against the manifest weight of the evidence, the Appellate Court recently unanimously affirmed the decision of the Retirement Board of the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County (“Retirement Board”) to deny a former county police officer’s application for a fifth extension of duty disability benefits.

Scott Budlove was on duty as police officer with the Cook County Sheriff’s Police in 2002 when he was injured in a traffic accident. He settled a temporary total disability claim with his employer under the Illinois Workers Compensation Act, and then was granted a short period of duty disability benefits and four extensions of those benefits by the Retirement Board. However, the Retirement Board denied his fifth extension application due to insufficient proof of a duty-related disability.

Budlove filed an administrative review claim in the Circuit Court of Cook County, claiming not only that the Retirement Board’s decision was wrong but also that the Retirement Board had violated his due process rights and that the individual Trustees had breached their fiduciary duty to him. The Circuit Court denied the claim and Budlove filed sought appellate court review.

On appeal, BBP first eliminated the breach of fiduciary duty claim by successfully arguing that the Plaintiff had forfeited review of that claim on procedural grounds. As for Plaintiff’s remaining claims, BBP successfully argued that the Retirement Board’s administrative decision did not amount to a termination of Plaintiff’s duty disability benefits and that he did not meet his statutory burden of proof necessary for eligibility to continue to receive duty disability benefits. In affirming the Retirement Board’s decision the Appellate Court stated, “[W]e reject outright Budlove’s claim that the Board’s findings were against the manifest weight of the evidence or justify reinstatement of his duty disability benefits.” Budlove v. Retirement Board of the County Employees' and Officers' Annuity and Benefit Fund of Cook County, et al., 2025 IL App (1st) 242335-U.

Additionally, in rejecting the Plaintiff’s laundry list of alleged due process violations at the administrative hearing before the Retirement Board, the Appellate Court found that “Our review of the record substantiates that, consistent with due process rights, Budlove was given an opportunity to be heard, received impartiality in rulings on evidence and was able to cross examine the Fund’s employees…”

BBP partner Vincent D. Pinelli and associate Jack T. Grochowski litigated the case in the circuit and appellate courts on behalf of the Retirement Board.