Devore v. State Employees' Retirement System

510 N.E.2d 80, 156 Ill. App. 3d 790, 109 Ill. Dec. 459, 1987 Ill. App. LEXIS 2634
CourtAppellate Court of Illinois
DecidedJune 12, 1987
DocketNo. 86—0084
StatusPublished
Cited by1 cases

This text of 510 N.E.2d 80 (Devore v. State Employees' Retirement System) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devore v. State Employees' Retirement System, 510 N.E.2d 80, 156 Ill. App. 3d 790, 109 Ill. Dec. 459, 1987 Ill. App. LEXIS 2634 (Ill. Ct. App. 1987).

Opinions

JUSTICE LORENZ

delivered the opinion of the court:

This is an appeal filed by Naomi Devore under the Illinois Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par. 3—101 et seq.) from a final judgment in an administrative review action entered on December 10, 1985, affirming the October 11, 1984, decision of the State Employees’ Retirement System of Illinois and the Board of Trustees of the State Employees’ Retirement System of Illinois (collectively SERS) to deny plaintiff Devore’s appeal of the termination of her disability benefits by SERS.

Devore contends that the Illinois Pension Code requires SERS to follow an Industrial Commission finding of permanent disability and that the doctrine of collateral estoppel precludes SERS from entering a disability determination contrary to that of the Industrial Commission. Devore further contends that the decision of SERS was against the manifest weight of the evidence.

Pertinent to our disposition are the following facts.

On July 5, 1976, Devore injured her back in the course of her employment as a Mental Health Technician III at Manteno State Hospital in Manteno, Illinois. Shortly thereafter she filed an application for adjustment of claim with the Industrial Commission of Illinois. On December 12, 1978, the Industrial Commission entered a finding that Devore was permanently disabled as of that date as defined by the Workers’ Compensation Act (Ill. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.). After this decision issued, SERS determined that Devore was entitled to statutory occupational disability benefits. (Ill. Rev. Stat. 1985, ch. 108½, par. 14—123.) She continued to draw these benefits uninterrupted until March of 1981.

On March 28, 1981, pursuant to SERS’ regulations requiring review of continued eligibility for occupational disability benefits, Devore was examined by Dr. Christian Orfei. Based upon the information provided by Dr. Orfei, Devore was informed by SERS that her occupational disability benefits were terminated as of March 31, 1981.

On June 8, 1981, Devore appealed the termination of her SERS’ benefits and requested a hearing before SEES. On March 10, 1982, a hearing was held. Both Devore and SEES submitted various medical reports. Devore testified. At the conclusion of this session, and by virtue of the conflicting medical evidence as to whether Devore was disabled as of March 31, 1981, the parties agreed to an independent medical examination by a mutually acceptable physician. Plaintiff’s counsel did stress that the physician must be on the staff of a Chicago-area medical school.

On May 31, 1982, that examination took place. Devore was examined by Dr. Mridula Prasad, instructor of clinical neurology at the Loyola University Stritch School of Medicine.

On August 18, 1982, Devore submitted additional evidence in the form of a video deposition of her expert witness, Dr. Gerald 0. McDonald. On August 31, 1982, Dr. Edward G. Ference, consulting to SEES, also testified, after reviewing the record. The SEES’ Executive Committee found that Devore could perform the duties of a Mental Health Technician III as of March 31, 1981, and recommended to the SEES’ Board that her benefits be terminated as of that date. This recommendation was ratified by the SEES’ Board on October 26, 1982.

On November 24, 1982, Devore filed the first administrative review action in the circuit court of Cook County seeking review of the October 26, 1982, SEES ruling denying her appeal. The matter was remanded to SEES for further hearing to allow the parties to produce live medical testimony and to cross-examine each physician.

On remand, the only supplementary evidence offered was the testimonies of Dr. Prasad, Dr. Orfei, testifying on behalf of SEES, and Dr. McDonald, testifying on behalf of Devore. On May 31, 1984, a hearing was convened and these witnesses testified. Thereafter, Dr. Ference again reviewed the file and on July 17, 1984, advised SEES of his opinion. The SEES’ Executive Committee then recommended to the SEES’ Board that Devore’s disability benefits be terminated as of March 31, 1981. The SEES’ Board ratified the recommendation on October 11,1984.

On November 27, 1984, Devore again filed an action in the circuit court of Cook County seeking administrative review of the SEES’ denial of her appeal. On December 10, 1985, the circuit court entered an order affirming the October 11,1984, SEES’ decision.

Opinion

Plaintiff contends that section 14 — 129 of the Pension Code (Ill. Rev. Stat. 1985, ch. 108½, par. 14—129) mandates the payment of disability benefits when the Industrial Commission has issued a finding that plaintiff is permanently disabled. That section provides in pertinent part:

“[Bjefore the [SEES] board takes any action on an application for an occupational disability benefit, *** adjudication by the Industrial Commission of Illinois *** shall be had on a claim to establish that the disability *** was incurred while in the performance and within the scope of the member’s duties, under the terms of the *** Act ***. The system shall make payment of an occupational disability *** benefit only if the claim is found to be compensable under [this Act].”

SEES contends that this section has no application whatsoever to issue of disability, but only provides the condition precedent to the payment of benefits by SEES in the form of a determination that the disability arose out of and in the course of the employment. We agree.

Plaintiff’s construction overlooks the plain language of the Pension Code. Section 14 — 129 of the Code also provides that payments under the Pension Code shall be offset by any awards from the Illinois Workers’ Compensation Act.

“Any amount provided for a member or his dependents under [the Act] shall be applied for the period of time prescribed by [the Act] for payments thereunder as an offset to any occupational disability *** benefit *** in such manner as may be prescribed by the rules of the board.” (Emphasis added.) (Ill. Rev. Stat. 1985, ch. 108½, par. 14-129.)

Eule 8, section 6, of the SEES Eules and Eegulations provides:

“Each disability benefit recipient is required to provide a current medical report each 6 months to substantiate continued disability ***.”

It is clear that the action of the Industrial Commission in determining if plaintiff is disabled has a very limited effect. The action of the Commission with respect to the disability benefit liability does constitute a satisfactory adjudication under section 14 — 129 of the Code, making it possible for SEES to take action on a claim for disability benefits. Further, the amounts paid pursuant to the Commission’s determination are to be offset against the occupational disability benefit provided in section 14 — 123 of the Code (Ill. Rev. Stat. 1985, ch. 108½, par. 14—123.) The amount and duration of occupational disability benefits provided by SEES are solely in the control of SEES and are affected by the Commission’s determination only to the extent of offsetting duplicative benefits.

We note that the Attorney General has similarly construed section 14 — 129 of the Code in an advisory opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Springman v. State Employees' Retirement System
570 N.E.2d 388 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
510 N.E.2d 80, 156 Ill. App. 3d 790, 109 Ill. Dec. 459, 1987 Ill. App. LEXIS 2634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devore-v-state-employees-retirement-system-illappct-1987.