Bernard Schroeder v. City of Chicago, John J. Tully, and Audley Connor

927 F.2d 957, 1991 U.S. App. LEXIS 4066, 1991 WL 32334
Court of Appeals for the Seventh Circuit·Decided March 13, 1991·No. 90-1144·Published·Cited by 118 cases

Opinions

POSNER, Circuit Judge.

This is a suit under the ubiquitous 42 U.S.C. § 1983 by a former employee of the Chicago fire department who is complaining about delay in the receipt of disability benefits. The suit was dismissed for failure to state a claim, so we are confined to the facts stated in the complaint. On October 23, 1985, Bernard Schroeder was injured while fighting a fire. He was placed on medical leave at full pay and remained in that status for more than a year, during which time he was examined by a number of doctors all of whom concluded that he would be unable to resume his duties as a fireman. On November 16, 1986, the fire department stopped paying him and the next month he applied to the Retirement Board of the Fireman’s Annuity and Benefit Fund of Chicago — a public agency separate from the City of Chicago, Ill.Rev.Stat. ch. 108%, ¶ 22-402 — for permanent “duty disability” benefits, that is, benefits for a disability incurred in the line of duty.

The complaint states that the law of Illinois prohibits the Retirement Board from acting on an application for benefits until it receives a medical certificate from the fire department indicating the reason why the fireman has been struck off the department’s payroll. The defendants counter that the statute expressly gives the Board “exclusive original jurisdiction” over all claims for benefits, Ill.Rev.Stat. ch. IO8V2, ¶ 6-185, and further provides that the necessary proof of a duty disability is to be furnished to the Board by a physician appointed by it. ¶ 6-153. The Board can require additional evidence of disability, id,., but is under no duty to do so — certainly no duty to await a medical certification from the fire department. To this Schroeder ripostes that an earlier paragraph of the statute provides that “whenever an active fireman is or becomes so injured or sick, as to require medical or hospital attention, the chief officer of the fire department of the city shall file, or cause to be filed, with the [Retirement Board] a report of the nature and cause of his disability, together with the certificate or report of the physician attending or treating.... Any injury ... for which a physician’s report or copy of the hospital record is not on file with the board shall not be considered for the payment of duty disability benefits.” ¶ 6-151. So maybe the submission of a medical report or certificate by the fire department is a condition precedent to the Board’s “exclusive original jurisdiction” attaching. And whether it is or not, the Board customarily asks the fire department for a medical certificate (so at least the complaint alleges); it did here. It got no response, and in consequence did not process Schroeder’s application. Eventually he demanded a hearing before the Board. It was held on August 19, 1987, eight months after he had applied for benefits. At the hearing it was revealed that John Tully, the fire department’s director of personnel, and Audley Connor, its medical director, had refused to furnish the medical certificate because they believed that the real reason for Schroeder’s inability to work was alcoholism rather than any work-related injury. The complaint says that [959] they knew better, and in fact were acting maliciously. However this may be, the Board disagreed with the opinion of Tully and Connor and either at the conclusion of the hearing or directly afterward awarded Schroeder duty disability benefits retroactive to the date on which he had applied for them. It did this even though the fire department never did furnish the medical certificate that Schroeder contends is a condition precedent to an award of benefits. If in doing this the Board violated the law, it violated it in Schroeder’s favor and he can’t complain.

One might have thought that a full retroactive award of benefits would have ended any dispute between Schroeder and the Chicago fire department. Not so. Schroeder complains that during the eight months in which his application for disability benefits was in limbo he had no money to live on and as a result both suffered emotional injury — including a fall off the wagon after what he contends was a ten-year period of sobriety (Tully and Connor may have a different view on this matter) —and incurred legal expenses to obtain the benefits. He attributes the Board’s delay and the resulting injury and expense to him to the willful and malicious conduct of Tully and Connor in withholding the vital medical certificate from the Retirement Board, conduct which he claims deprived him of property without due process of law. The complaint joins the City of Chicago, Tully’s and Connor’s employer, as an additional defendant, but this joinder is frivolous. The isolated misconduct of two employees in refusing to furnish a certificate to another agency is precisely the type of random and unauthorized act which, even if deliberate, is not deemed the act of their municipal employer. City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988).

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Bernard Schroeder v. City of Chicago, John J. Tully, and Audley Connor, 927 F.2d 957, 1991 U.S. App. LEXIS 4066, 1991 WL 32334 (7th Cir. 1991).

927 F.2d 957 (Bernard Schroeder v. City of Chicago, John J. Tully, and Audley Connor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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