2025 IL App (1st) 240374-U No. 1-24-0374 Order filed April 18, 2025 Fifth Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ JESUS CALLEROS, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 22 CH 07973 ) THE BOARD OF TRUSTEES OF THE CALUMET ) CITY FIREFIGHTERS PENSION FUND, ) Honorable ) Sophia Hall, Defendant-Appellee. ) Judge, presiding.

JUSTICE NAVARRO delivered the judgment of the court. Presiding Justice Mikva and Justice Mitchell concurred in the judgment. ORDER ¶1 Held: The pension board’s determination that plaintiff was not disabled and, therefore, not entitled to a line-of-duty disability pension was against the manifest weight of the evidence. ¶2 Plaintiff, Jesus Calleros, appeals from the judgment of the circuit court of Cook County, which affirmed the decision of the Board of Trustees of the Calumet City Firefighters Pension Fund (Board) denying him line-of-duty and non-duty disability pensions. On appeal, Calleros No. 1-24-0374 contends the Board erred in giving greater weight to the opinions of certain physicians over others in concluding that he was not disabled. We agree and reverse. ¶3 I. BACKGROUND ¶4 Calleros, a Calumet City Fire Department firefighter/paramedic, applied to the Board for a disability pension in April 2021. On March 14, 2022, the Board held a hearing on Calleros’s application where it heard Calleros’s testimony and admitted into evidence exhibits including medical records and reports by three independent medical evaluators retained by the Board. The following facts derive from the testimony and exhibits. ¶5 Calleros joined the Calumet City Fire Department as a firefighter/paramedic on August 2, 2007. Previously, Calleros worked for the Romeoville Fire Department and Darian-Woodridge Fire Protection District. Calleros reported no knee injuries with either fire department. While with the Calumet City Fire Department, Calleros reported left leg or knee pain in May 2011 and September 2012. In a note dated September 19, 2012, a doctor commented that a diagnostic image of Calleros’s knees showed “no evidence of fractures, dislocations or arthritic changes.” Calleros underwent physical therapy for his left knee in September 2012, and also complained to his primary care physician of left knee pain “on and off” in 2017 and 2018. ¶6 A. Injury ¶7 On April 20, 2020, Calleros participated in “step up driver’s training.” As part of the training, Calleros was required to climb on the back of a firetruck. While climbing on the platform, Calleros had all his weight on his left leg and “felt a pop” and “excruciating pain.” The fire chief drove Calleros to the hospital where he received treatment and underwent x-rays which revealed

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no fracture or dislocation. Calleros was not cleared to return to work. Two days after the injury, Calleros was referred to physical therapy.

¶8 B. Treatment

¶9 On April 27, 2020, Calleros saw Dr. Brian Forsythe who ordered an MRI which showed a left knee medial meniscus tear. On May 8, 2020, Calleros underwent surgery on his left knee. Post- surgery, Dr. Forsythe recommended additional physical therapy.

¶ 10 On May 15, 2020, Calleros began physical therapy at ATI Physical Therapy (ATI). Notes from June, July, and August 2020 state that Calleros’s condition improved but impairments limited his ability to ascend and descend stairs, kneel, and lift from the floor. ATI recommended skilled therapy to allow Calleros to meet a Physical Demand Level (PDL) of Very Heavy, which is required of a firefighter. On August 31, 2020, Dr. Forsythe released Calleros to desk work only.

¶ 11 During this time, Calleros transferred care to Dr. Anuj Puppala. ^[1] On September 1, 2020, Dr. Puppala examined Calleros and found that his left knee showed a good range of motion with no pain or weakness.

¶ 12 On September 23, 2020, ATI noted that Calleros was “progressing very well with [left] knee strength and mobility” but was “slightly limited” by a meniscectomy to his right knee. ATI anticipated four more weeks of physical therapy and then a transition to work conditioning. On

September 28, 2020, Calleros advised Dr. Puppala that he felt that he had good mobility, but the pain worsened with stairs and he felt weak with “various movements.”

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¶ 13 On October 8, 2020, Dr. Lawrence Lieber evaluated Calleros for an independent medical

evaluation pursuant to Calleros’s workers compensation claim. Dr. Lieber reviewed, inter alia, the MRI of April 29, 2020, which “confirm[ed] evidence of a medial meniscus tear,” Dr. Forsythe’s postoperative report, and records from Dr. Puppala and ATI.

¶ 14 According to Dr. Lieber, Calleros reported that “his left knee does not bother him with

ambulation or sitting.” But Calleros described pain while ascending and descending stairs and “stiffness about the left knee with popping and weakness.” Dr. Lieber concluded that Calleros had reached maximum medical improvement, his “subjective complaints” regarding his left knee were

“out of proportion to the physical examination and objective findings,” and his “current symptomatology has no relationship” to the April 2020 incident. Therefore, according to Dr.

Lieber, “further treatment to the left knee is not indicated necessary” and Calleros could “work without restrictions concerning his left knee.”

¶ 15 In an October 23, 2020, note, ATI stated that Calleros progressed but had the same limitations described in prior notes and did not meet the PDL level for a firefighter. ATI recommended Calleros transition to work conditioning. On October 26, 2020, Calleros was discharged from ATI. That same day, Dr. Puppala noted that Calleros still had “occasional pain” in his left knee that worsened with squatting. Calleros returned to physical therapy.

¶ 16 In a December 8, 2020, note, ATI stated that Calleros presented the same impairments as before and demonstrated weakness in his left knee with shaking during weightbearing exercises.

Dr. Puppala examined Calleros on December 9, 2020, finding that Calleros’s range of motion had improved but pain was consistent. That same day, Dr. Puppala administered a cortisone injection to Calleros’s left knee.

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¶ 17 On January 8, 2021, Calleros was again discharged from physical therapy. ATI noted that

Calleros could lift 115 pounds from floor to waist, more than required by his job, but he presented

the same impairments described in previous notes, including trouble squatting, kneeling, and crawling. According to ATI, Calleros was “unable to reach his Very Heavy PDL as firefighter despite 38 sessions and thorough program with attempt to progress strength.”

¶ 18 On January 29, 2021, at Dr. Puppala’s recommendation, Calleros underwent another MRI of his left knee that revealed a horizontal oblique tear of the medial meniscus, a Grade 1 tibial collateral ligament sprain, and improving pes anserine bursitis. On February 11, 2021, Dr. Puppala

performed surgery to repair the tear, finding a “redundant suture and a loose anchor” and that “the meniscus tear had not healed.” On February 25, 2021, a certified physician’s assistant described

Calleros’s knee surgery as involving “not a new injury,” but a “revision of the original failed surgery.” Calleros was not permitted to return to work and returned to physical therapy.

¶ 19 According to a March 15, 2021, physical therapy note, Calleros presented with the same limitations described in notes preceding the second surgery. During a visit with Dr. Puppala on

March 24, 2021, Calleros reported pain while squatting and ascending stairs. Calleros was again not permitted to return to work.

¶ 20 On April 9, 2021, Calleros was again discharged from physical therapy. His discharge summary described the same limitations as previous notes. ATI recommended Calleros transition to work conditioning to reach the Very Heavy PDL. On May 10, 2021, and June 1, 2021, Dr.

Puppala again determined that Calleros could not return to work.

¶ 21 On June 18, 2021, ATI conducted a Functional Capacity Assessment (FCA). The FCA determined that Calleros’s PDL capabilities fell below the Very Heavy requirements for a

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No. 1-24-0374 firefighter. Calleros could only perform at a “Medium to Heavy” level. Due to Calleros’s “reported and demonstrated limitations,” he could only perform “squatting, crawling, and kneeling” on an

“occasional basis.”

¶ 22 C. Pension Application

¶ 23 On April 7, 2021, pursuant to section 4-110 of the Pension Code (40 ILCS 5/4-110 (West

2020)), Calleros applied to the Board for a line-of-duty disability pension. At the hearing, Calleros amended his application to request, in the alternative, a non-duty disability pension pursuant to section 4-111 of the Pension Code (40 ILCS 5/4-111 (West 2020)).

¶ 24 In support of his application, Calleros claimed that he was permanently disabled and could no longer perform the duties of a firefighter/paramedic because he had limited mobility in his left knee resulting from a work injury.

¶ 25 The Board selected three independent medical evaluators to assess the nature and extent of Calleros’s alleged disability, Dr. Ryon Hennessy, Dr. Hythem P. Shadid, and Dr. Thomas F.

Gleason.

¶ 26 1. Dr. Gleason

¶ 27 Dr. Gleason evaluated Calleros on July 20, 2021, and determined that he suffers from a disabling condition, namely, “a painful left knee with degenerative disease and chondromalacia,” which precluded him from performing the “full and unrestricted” duties of a firefighter like climbing ladders, squatting, crawling, and kneeling. Dr. Gleason reviewed notes from Drs.

Forsythe, Puppala, and Lieber, the FCA, Calleros’s job description, and the MRI reports. He noted the January 29, 2021, MRI, in particular, depicted a “horizontal oblique tear body of the medial meniscus.” Gleason specifically noted that the FCA performed on June 18, 2021, which was

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“determined to be valid,” revealed that Calleros’s “capabilities fell below the DOT level.” He opined that the left knee precluded Calleros from:

“performing full and unrestricted fire fighting duties, in as much as, responsibilities include operating and climbing ladders as well as other activities including squatting, crawling, and kneeling relating to entering burning structures, searing and rescuing trapped individuals, and rescuing persons from danger.”

¶ 28 Dr. Gleason opined that the “act” or “cumulative effects” of firefighting duty, specifically, climbing the firetruck ladder, caused Calleros’s disability and that he is permanently disabled, as his condition “[h]as lasted for a continuous period of not less than 12 months,” and “can be expected to last for a continuous period of not less than 12 months.”

¶ 29 2. Dr. Shadid

¶ 30 Dr. Shadid evaluated Calleros on July 14, 2021, and determined that he does not suffer

from a disabling condition. Dr. Shadid reviewed the MRI reports, records from Drs. Forsythe, Puppala, and Lieber, and physical therapy notes. However, the list of medical reports did not include the FCA dated June 18, 2021. Dr. Shadid noted that Calleros had two “common” left knee diagnoses, “[s]tatus post left knee partial medial meniscectomy” and “[l]eft knee chondrolomalacia patella,” but it is “highly uncommon for either of these conditions to be disabling.” Rather, “[h]igh level professional athletes and laborers who put high demand stresses on their knees are able to perform at a high level with more advanced stages of these conditions.” Also, Calleros’s ability to dead lift “very well” precluded the partial medial meniscectomy “as a cause for any current disability as an axial pressure on the knee such as in a dead lift *** could aggravate a meniscal condition.”

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¶ 31 Dr. Shadid noted that Calleros reported “significant pain with a squat, stair climb or ladder climb,” and although these activities can “aggravate” a patella condition, “his chondromalacia patella was objectively mild on his MRI.” Thus, according to Dr. Shadid, Calleros’s “current subjective complaints are out of proportion to the objective findings.” Dr. Shadid noted that

Calleros’s symptoms “[h]ave not lasted for a continuous period of not less than 12 months,” but instead, “per his admission are intermittent,” “not as severe as *** prior to his surgery,” and “not expected to last for a continuous period of not less than 12 months.”

¶ 32 Dr. Shadid added that Calleros had morbid obesity, a “cause and aggravator of anterior knee pain,” and had a history of left knee problems predating April 2020. Dr. Shadid concluded:

“While there is no known additional medical treatment that would reliably change

[Calleros’s] subjective complaints, objectively he is capable of returning to full and unrestricted duty as a firefighter. Range of motion and strength of the left knee is intact and there are no signs of internal knee derangement or findings consistent with functional limitation that would preclude him from returning to full and unrestricted firefighter duties.”

¶ 33 3. Dr. Hennessy

¶ 34 Dr. Hennessy evaluated Calleros on October 15, 2021, and determined that he “is not disabled” and could “perform his full and unrestricted duties as a firefighter.” Dr. Hennessey

reviewed Calleros’s job description, records from Drs. Puppala, Forsythe, and Lieber, the FCA, and physical therapy notes. Dr. Hennessy also reviewed the January 29, 2021, MRI, which, according to Dr. Hennessy, depicted “posterior meniscus degeneration, but no evidence of recurrent tear.”

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¶ 35 According to Dr. Hennessy, Calleros had a “nearly normal exam of his left knee when compared to the right,” with “full extension” but “mild crepitus.” During the examination, Calleros demonstrated that he could only kneel and stand by “holding onto something,” which “did not

appear exaggerated.” Calleros advised that his left knee “hurt in the anterior medial portion, and the patellofemoral joint up to the thigh.” According to Dr. Hennessy, this “was essentially true with squatting, heavy lifting, or kneeling.” Notwithstanding, Dr. Hennessy agreed with Dr.

Lieber’s opinion of October 8, 2020, that Calleros was “capable of full duty work without restrictions relative to his left knee on the date of injury April 20, 2020.”

¶ 36 Dr. Hennessy determined that Calleros’s current complaints did not render him disabled and were unrelated to the April 20, 2020, injury, but rather, related to the “preexisting

degenerative” changes that Calleros has complained about since 2012. According to Dr. Hennessy, Calleros’s “morbid obesity contributed to the natural progression of those preexisting degenerative changes.”

¶ 37 D. Calleros’s Testimony

¶ 38 Calleros testified that during Dr. Hennesy’s examination, it was “difficult” to kneel and he

“needed assistance from the doctor’s table” in order to stand. During Dr. Shadid’s examination, Calleros experienced “a lot of pain” while stepping forward and backward across a step. At the time of the hearing, Calleros took an anti-inflammatory medication for his left knee, experienced

“pain and weakness” on stairs, and had problems squatting, kneeling, and crawling. He stated that he would be unable to anchor himself while pulling a hose, kneel to operate nozzles, and ascend or descend ladders while wearing firefighting gear or carrying an individual.

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¶ 39 On cross-examination, Calleros testified that he participated “[a] hundred percent” during the examinations by Drs. Hennessy, Shadid, and Gleason. He presently worked at a firearm shop and sometimes lifted 50-pound boxes of ammunition using a “dead lift motion” with “very little knee flexion.” On redirect examination, Calleros testified that during the FCA he did not wear firefighting gear, which could weigh 50 to 70 pounds.

¶ 40 On examination by the Board, plaintiff acknowledged that he had met his “lifting

objective” in lifting more than 100 pounds on January 8, 2021, but explained it was “painful” and “more of a dead lift motion and not like an actual squatting like how you would lift someone from the floor.”

¶ 41 E. Board’s Decision

¶ 42 The Board denied Calleros’s request for line-of-duty and non-duty disability pensions. In its decision, the Board concluded that Calleros failed to prove that he was disabled. The Board noted that Drs. Lieber, Hennessy, and Shadid concluded that Calleros had “fully recovered from his April 20, 2020, knee injury by October 8, 2020,” the date of Dr. Lieber’s examination, and that

Dr. Puppala’s contemporaneous medical records reflected that Calleros’s left knee “had a full range of motion without pain or instability.”

¶ 43 The Board observed that although Dr. Shadid had diagnosed Calleros with post left knee partial medial meniscectomy and left knee chondromalacia patella, he also noted that those diagnoses are “highly uncommon for disabling conditions” and individuals who have those conditions “in a much more advanced state” are “capable of performing full and unrestricted firefighting duties.” The Boarded noted that Dr. Shadid found that Calleros could deadlift “very well,” which is “not consistent with a partial medial meniscectomy as the cause of any current

- 10 - No. 1-24-0374 disability,” and that Dr. Shadid concluded that Calleros’s “current subjective complaints of pain were not symptomatic of the injury he suffered on April 20, 2020.” As for Dr. Hennessy, the Board noted that he found that Calleros’s left knee was “nearly normal to his right knee” and any preexisting conditions were not disabling, and, like Dr. Shadid, Dr. Hennessy observed that “[Calleros’s] morbid obesity aggravates anterior knee pain and pre-existing issues with [his] left knee.” ¶ 44 The Board stated that it placed “greater weight” on the opinions of Drs. Lieber, Hennessy, and Shadid than on the opinion of Dr. Gleason. The Board noted that Dr. Gleason found “no issues with [Calleros’s] left lower extremity and, like Dr. Shadid and Dr. Hennessy, [Dr. Gleason found] the left leg is the same as the right leg with no negative range of motion issues and no pain.” The Board explained that it “completely discounts” Dr. Gleason’s report when his physical examination “show[ed] no problems with [Calleros’s] lower left extremity,” and Dr. Gleason “overreli[ed] on a Functional Capacity Assessment that he did not observe and [was] performed by a physical therapist.” ¶ 45 On August 16, 2022, Calleros filed a complaint for administrative review in the circuit court. ^[2] On January 18, 2024, the circuit court affirmed the Board’s decision, concluding that the Board’s findings were not against the manifest weight of the evidence. ¶ 46 II. ANALYSIS