which officers in the state of illinois do in order to graduate the academy the physical fitness to exam was done in the direction of the chief of police who formulated the nuts and bolts statutory construction for looking at a pension statute we're talking about whether something is a duty whether it's a drought related for the police officer the comparison is not going to be to a bunch of muscle on the beach or at the health club but rather citizens in ordinary walks of life no one has identified a location a job that requires a bench press of seventy five percent of lifting but heavy lifting of a delivery man whether you're fed ex or u p s or the u s post office is not the same as doing a single bench press for seventy five percent of your body weight you know i've never seen the u the table or something of that sort of that there are cases that is used to talk about walks of life in the context of the occupation there are also cases that talk about walks of life in just everyday activities of people not necessarily related to the specific group of citizens who were allowed to raise the gates on their own when they got stuck and i think most importantly the others was that even the regular citizens would get out of their cars and go live those gates kasia so there you have specific to simply distinguish the civilian population from police officer police officers can perform their job at a school these officers which require heavy lifting even if we accept your you are representational your analysis that walks of life the occupation all we do can be the record that the n f l has great training standards and that is not the only one that's you know when the record can i think we can all teach addition noticed that we see athletes on a regular basis going through certain leaf tea and running citizens and walks of life but i just say citizens performing their jobs it's this is an ordinary walks of life i would say they athletes are extraordinary extraordinary they are beyond the ordinary so i don't think the annual physical test of a single bench press of such heavy weight without adequate preparation without proper scales and nobody going to i think that's a pro you pointed out was he looking as much as he did is just not there by so if you can make an argument on ways why maybe it should be or why it shouldn't be there certainly there's many things police officers do and i think training in my mind it is one of with the special risk is this the sort of in the ordinary walks of life and i think when we go back to the city as you know the situation hits all three of the requirements it was an act of duty because he was ordered to do and that it's in the ordinary walks of life for the reasons we've discussed but you will be disciplined there's no additional rules or regulations or anything we comes in after they're indicating that the officers would be disciplined the contract itself between the union and the municipality to which it's important to note the pension board is not a that regular civilians don't have pat and again the burden is on the applicant on the plaintiffs to demonstrate that they have some sort of special wrist what's more than mandatory nature of the test even if it this case there is no evidence demonstrating that the mandatory nature even if the court were to find that it was mandatory contributed in any way to making this more risky than the average person or the manner in which the test was administered created a risk different than a person who chooses to go to l a fitness and workout or any other facility here a lot of the cases the five that were to be an active duty are active is routinely gaijin by people i mean nothing unique about this situation to police work and certainly to the extent that there may be something different about it is a level parsing that then would eliminate but i don't know what the case before us here is much more clear cut unlike there are many more people every day with weights or routinely lift weights there are indeed there are people probably heard of fire interest but interest issue alone is the whole issue of active duty and ordinary walks of law for instance we have a factual argument about whether or not people are any ordinary fact or walks of life and and house you take judicial notice of things that were not a built in the record by the person who had the burden to do so and because of that there are factual issues that they are instantly intertwined with the standard view in the end on your honor under any but where does that come from first of all there's in the river there's a series of emails headed the bench press is just part of the larger test and i think it's important to take a look at the larger test to its consisting of running a mile and a half at a and i don't think we're here to change how we try police pension hearings and force people to start bringing in experts in their schools we could do that but it doesn't seem that i've never seen it done there's no way of telling case that says it was necessary report to the chief of supervisors investigation report i think this is the four days after the incident quote officers were going was participating in the mere torrie fitness test