tenth two thousand and one in order to secure information on what medical rights she had she went to the policing in the fop and was told she was not under the union contract after filing  on finance i did one first one dated january twenty fourth two thousand and one saying that her share her case was not compensable because it was not in the course of employment and scope or employment and there was no causal connection of accidental injury  carbon copy of that letter went to the police not sworn personnel are a subsequent letter dated april seventeenth two thousand and one was came from the dept of the on our committee and finance and superintendent i have been written to testified that the claimant was an at will employee and that was agreed to by mr johnson the deputy director of research and development for the police department the first issue that i would raise with your honor's is the question of the it that isn't a perfect standard of review a subsequent case that's mentioned in the city of bell but dear said that there should still be some deference even in a question of law if it's evident overview given to the administrative body based on their experience and expertise but we would submit that the higher standard applies i would point out respectfully that two separate panels of the industrial commission over several years came to the conclusion that the specific language which is the issue in the case of bias and meaning of duly appointed member of the police department in a city of over two hundred thousand that those words meant and a police officer a swarm a police  officer who is not an at will employee really critical issue is the meaning of the state to exclusion the phrase duly appointed member of the police department does that include both recruits and sworn police officers are you aware of any legislative history no specific issue no we look and i haven't seen it or it seems to me that the the first impression that that the plain meaning of the words the first impression that a person gets in reading those words is the plainest meaning of those words what comes to mind when you consider the words a duly appointed member of a police department it isn't and mapping and a cadet it's not a person who works in the motor pool it's not a secretary it's a police officer in this case my client never took the oath of office second interesting enough i also have handled the first case that's in our brief the theobald case that the commission also came to that she too was a command employee at will a civilian employee of the department between the time of theobald in ninety five and the time of this accident two thousand the city took no steps to correct any of the forms and and  two sworn police officers question because why did it not specify that as it did in other states or provisions mansur that is because the clear meaning of the words to them was that it meant a police officer only and that it didn't include a recruiter could that the implication to me i mean if you want to drive respectfully around if you want to drive the implication that the legislature meant to include obvious folks the opposite also would apply to me and that doesn't give deference to the administrative body and that we're standard i would say that there's an equal implication that it didn't mean to apply that if the legislature meant to include those folks when you look at the totality of the language in one a one you will see that applies to every article every public  practically every agency during the commission and the legislature so i would submit to you that if the legislature intended to exclude to include recruits and the like in that language they were and that's in line with the decisions of the commission that the significance of the oath to me is something that needs to be considered in this case all throughout our history a person is not empower in a case and i'm going to measure the name screwball screwball persons worker's comp commission said that this characterized it what is it was an employee and in a kayak or case the most unfair in post important factor in the relationship call it if the police department treated her in a fashion unlike who lisa officer she wasn't a police officer in their mind either and that is in line with this case it's only three we told today in action where a city patrol officer was asking to be put on the payroll he was found to be duly appointed by the superintendent consented to by the mayor to the office of patrolmen and the coded language of their cases by and by virtue of se office he became a member of the department so what a member meant to that court in that case was that they didn't become a member of the department until they took their norm and that's that's the a member there would be a couple of active patrolmen or a fire in california we found another statute that no be edge is given to any person who is not a duly appointed member of the california highway patrol so in california they also felt that a duly appointed member could only be a police officer i would submit that damn one of them when you look at the proof of the personnel file of the claim they referred to her in the capacity of recruit cadet member probationary police officer they can pick and choose whatever namin pleasure the city wishes to use if it suited their purpose to name her as a member of the department she could they would allegedly she's not entitle the workers company and the other hand if they could sue concluded that she was a recruit and or a  cadet and she went out ineffectual affected or no rest in an out of years passion and the city was sued for her conduct they could come in and refuse to come in the van and then the fire on the basis that she was in a police officer in the election there so i would submit to you when all is said and done when you hear the commission due deference on two separate occasions which i don't believe the circuit court it is nowhere in their decision does it say that they considered the opinions and gave deference to the circuit court they came up with a solution based on pension and the like which i believe is rare i believe all we have to look at and give us credence to is the pla meaning of the words what do they mean and if it comes if you come to the conclusion when you first look at those words that they mean a police officer i believe that would have been apparent to the members of the legislature as well so in some i believe that not taken the oath of office to be served on the court but he is still a member of the judiciary and so the the point is that the term duly appointed member is much broader than a sworn officer if the legislature intended this to be so narrowly construed to be limited to sworn officers and he would have used the words sworn they would have used the word officer instead they chose to use the word do we appointed member as counsel pointed out during the initial process when mr darwin began at the academy she completed several documents several forms and almost she was consistently referred to as a member her date of appointment on the form october tenth two thousand she was appointed member of the police department on october tenth of two thousand to get to that point she had undergo testing physical testing medical testing and written testing because the purpose of the cademy is to train these individuals for the risks they're going to encounter on the streets and that is the purpose of the worker's compensation act is to protect employees against risks and he with the academy are similar to the risks that the officers face when they're when they're patrolling the streets in terms of risk of some type of physical injury correct correct in this in this what effective taking an oath of office that makes someone duly appointed for purposes of the worker's compensation act we submit that it's a it's an arbitrary standard when considered in the context of the worker's compensation because as that as the facts in this claim demonstrate there is nothing that would change by the oath of office in terms of the risks associated with inside the academy she was clearly at the control of police officers who were training her to become a patrol officer and shoot she got out of hand all instruction all the control from those officer recognizes that the police department is made up of more than just the police officers there are support personnel that goes hand in hand in running a police department and they can fall under  police officer in training as a recruiter so she still corporation or police officer but important in terms of achieving swarm status counsels corrected the sworn status and purpose for purposes of the police officer recognizing that this the police department to set up a mechanism whereby the officers are properly trained and they recognize that this is the level that they have the department would like them to be in order to go out on the street is that they go through the training at the academy that is tasks medical examination and then after that then they're appointed to start at the academy they want to get your head in they begin to contribute benefits to the pension fund enforcement and my employer says i have to complete a course of training well no because it is similar you're right around it but it's different in the fact that this is the chicago police department's training no is it clear in is it your position that there is a remedy for this claimant similar to under the and that there is no google about that there is yet this that's correct  appointed member and then is once they start contributing pension or benefits to the i'm sorry tribute to the pension fund and they're entitled to the same protections for injuries and duties for injuries from the wrists and here's your own police work academy nothing would change about the training in the preparedness that they have to go through to become ready for street duty the only thing that would change is the definitely for you to get it if you do it i noticed it in the evidence at one point of the claim it was issued a personal card by the chicago police department that assigned the claimant an appointment date of october tenth two thousand dollars with you make of that degrees different than the rest that it could that would face in a police academy no one shooting at them at a cadet no one's i'm facing a domestic violence case where the people are out of control none of that there's a recruit for that  face so one company there's no equivalency in my mind as to the risks that the cademy and on the street as a police officer would have the pledges that council refers to are mostly in the future tense she will comport herself a honorable member as a non vote member of a police department she will be ethical that type of language so it's unclear as to whether done those pledges apply to that moment in time at the academy or they will apply when she's down and the recruits are separate but she was always told at the academy that she was not a police officer she had no authority to go out and act as a police officer she was never allowed to take a gun out side the academy s use that are and then on the range there she was never given any additional any badge any uniform she wore sweats at first and then a beige uniform she had no vest nothing like that out on the street how are they relevant to the arm injuries and basically i think there's a fire academy here in chicago and i believe they they're trained the same way and i don't believe they would be members of the department of the fire department till there's one they take an oath to it was replete throughout our system no official acts without taking in all and i would submit that my client never became a member of the department and the circuit court failed to grant the due japanese to the decisions of