A Chicago police officer's long battle for duty disability benefits has come to a disheartening end. On June 28, 2024, the Appellate Court of Illinois upheld the decision of the Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago, denying her application for benefits. The plaintiff, Michele M. Blasz, had filed her complaint in Cook County Circuit Court after being denied by the Board.
Michele M. Blasz has been with the Chicago Police Department since April 13, 1998. Her ordeal began on July 29, 2008, when she was rear-ended while driving to process a narcotics buy. The accident left her with neck and back injuries that eventually required cervical surgery in July 2020. Blasz contended that these injuries rendered her unable to perform her duties as a police officer and sought duty disability benefits under section 5-154 of the Illinois Pension Code.
During a hearing on February 25, 2021, Blasz presented medical records supporting her claim. Dr. Avi Bernstein initially diagnosed her with thoracic, cervical, and lumbar strains from the accident but later found MRI results consistent with multiple sclerosis. Another orthopedic surgeon, Dr. Christopher Bergin, noted in September 2019 that she had been persistently symptomatic since the accident and performed cervical spine surgery on her in July 2020.
Despite this evidence, an independent medical examination by Dr. Jay Levin concluded that while Blasz’s cervical spine had improved by about 50%, there was no connection between her multiple sclerosis diagnosis and the accident. He also opined that she could work in a non-street duty assignment without additional medical care related to the vehicle accident.
Blasz testified that she was performing official duties at the time of the accident—driving an unmarked enforcement vehicle while ensuring undercover officers' safety during a narcotics operation. However, during cross-examination by the Board, it was revealed that she had been involved in an off-duty vehicle accident in October 2006 which resulted in whiplash but did not have ongoing symptoms from it.
On March 25, 2021, the Board issued its decision stating that while Blasz was disabled due to physical incapacity, it did not result from an act of police duty as defined under section 5-113 of the Illinois Pension Code. They argued that operating a motor vehicle is an activity common among ordinary citizens and does not inherently involve special risk exclusive to police duties.
Blasz appealed this decision but faced another setback when on August 31, 2022, after remand for further proceedings regarding causation by Cook County Circuit Court Judge David B. Atkins on May 3rd of that year—the Board reaffirmed its stance denying duty disability benefits but awarding ordinary disability benefits instead.
The case reached its final chapter when on August 4th last year; Judge Atkins upheld this decision leading Blasz to file yet another appeal which culminated in today’s ruling affirming both previous decisions citing lack of sufficient evidence linking her current disability directly to injuries sustained during performance-specific duties as per statutory requirements under Illinois law governing such claims.
Representing Michele M. Blasz were attorneys whose names are currently undisclosed while defending parties included legal representatives for The Retirement Board presided over by Honorable David B Atkins throughout various stages within Case ID No:21 CH1620