DiFoggio v. Retirement Board of the County Employees Annuity & Benefit Fund of Cook County

620 N.E.2d 1070, 156 Ill. 2d 377, 189 Ill. Dec. 753, 1993 Ill. LEXIS 72
CourtIllinois Supreme Court
DecidedSeptember 23, 1993
Docket74563
StatusPublished
Cited by56 cases

This text of 620 N.E.2d 1070 (DiFoggio v. Retirement Board of the County Employees Annuity & Benefit Fund of Cook County) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiFoggio v. Retirement Board of the County Employees Annuity & Benefit Fund of Cook County, 620 N.E.2d 1070, 156 Ill. 2d 377, 189 Ill. Dec. 753, 1993 Ill. LEXIS 72 (Ill. 1993).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

This appeal requires us to determine the extent that duty disability benefits received under the Illinois Pension Code are offset (Ill. Rev. Stat. 1983, ch. IO8V2, par. 9 — 159(c)) against benefits received under the Illinois Workers’ Compensation Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.8). Based on the plain language of the Pension Code, we hold that duty disability benefits under the Code are offset against any amount paid or recoverable under the Workers’ Compensation Act.

BACKGROUND

The record contains the following undisputed facts. Plaintiff, Frank DiFoggio, worked as a plumber at Cook County Hospital in Chicago. On August 13, 1984, plaintiff injured his right arm and shoulder; the injury arose out of and was sustained in the course of his employment. He required surgery and therapy. As a result, plaintiff did not work or receive wages from August 14, 1984, to October 26,1987, a total of 166.29 weeks.

Plaintiff filed a workers’ compensation claim with the Illinois Industrial Commission. During the disability period, he received temporary total disability benefits from the county in the amount of $434.67 per week, which equalled 662/s% of his salary. (See Ill. Rev. Stat. 1983, ch. 48, par. 138.8(b).) Temporary total disability is a condition that exists from the time an injury incapacitates an employee from work until the employee is as recovered or restored as the character of the injury will permit. Brinkmann v. Industrial Comm’n (1980), 82 Ill. 2d 462, 467 (and cases cited therein).

In addition to the temporary total disability benefits, plaintiff received permanent partial disability benefits in a lump sum settlement between plaintiff and the county. Based on a 65% loss of use of his right arm, plaintiff received $48,848.92. (See Ill. Rev. Stat. 1983, ch. 48, par. 138.8(d)(2).) A worker has a permanent partial disability when the injury received leaves the worker permanently partially incapacitated from pursuing his or her usual and customary employment, and is reasonably certain to permanently prevent the worker from earning as much as the worker would have earned absent the injury. Guest Coal Co. v. Industrial Comm’n (1927), 324 Ill. 268, 275.

After the workers’ compensation settlement, plaintiff applied to the Retirement Board of the County Employees Annuity and Benefit Fund of Cook County for duty disability benefits under the Pension Code. The statute provides that benefits for a disability resulting from the performance of an act of duty shall be 75% of the worker’s salary at the date of the injury, payable during any disability period in which the worker does not receive any wages. (Ill. Rev. Stat. 1983, ch. lOShk, par. 9 — 156.) Plaintiff claimed Pension Code duty disability benefits for the same period of 166.29 weeks for which he received workers’ compensation benefits.

The Retirement Board concluded that plaintiff was not entitled to duty disability benefits. The Board ruled that the Pension Code requires duty disability benefits to be offset against any workers’ compensation benefits received. The Board found that plaintiff’s total workers’ compensation benefits — both the temporary total and the permanent partial benefits — exceeded the 75% obligation under the Pension Code. Therefore, the Board denied plaintiff’s claim for duty disability benefits.

Plaintiff filed a complaint in the circuit court of Cook County seeking administrative review of the Retirement Board's denial. The trial court confirmed the Board's decision.

The appellate court reversed the trial court and the Board. The appellate court held that duty disability benefits under the Pension Code should not be offset against permanent partial disability benefits under the Workers’ Compensation Act. (236 Ill. App. 3d 361, 367.) We allowed the Retirement Board’s petition for leave to appeal (134 Ill. 2d R. 315(a)) and now reverse the appellate court.

DISCUSSION

We note at the outset our standard of review. The Pension Code provides that judicial review of the Retirement Board’s decisions be in accordance with the Administrative Review Law (Ill. Rev. Stat. 1983, ch. 110, par. 3 — 101 et seq.). (Ill. Rev. Stat. 1983, ch. 108x/2, par. 9— 236.) The Administrative Review Law provides that our review extends to all questions of law and fact presented by the entire record. (Ill. Rev. Stat. 1983, ch. 110, par. 3 — 110.) The rule that an administrative agency’s findings of fact should not be disturbed unless they are against the manifest weight of the evidence does not apply where the question involved is one of law, such as the proper interpretation of a statute. (City of Freeport v. Illinois State Labor Relations Board (1990), 135 Ill. 2d 499, 516.) Rather, in such a case, the Board’s finding is not binding on the court. City of Freeport, 135 Ill. 2d at 507.

The Retirement Board based its denial of plaintiff’s duty disability benefits on Pension Code section 9— 159(c), which states in pertinent part:

“(c) If an employee who shall be disabled, or his widow or children receive any compensation or payment from the county for specific loss, disability or death under the Workers’ Compensation Act or Workers’ Occupational Disease Act, the disability benefit or any annuity for him or his widow or children payable as the result of such specific loss, disability or death shall be reduced by any amount so received or recoverable. If the amount received as such compensation or payment exceeds such disability benefit or other annuity payable as the result of such specific loss, disability or death, no payment of disability benefit or other annuity shall be made until the accumulated amounts thereof equals the amount of such compensation or payment.” (Emphasis added.) Ill. Rev. Stat. 1983, ch. IO8V2, par. 9-159(c).

The Retirement Board argues, inter alia, that the language of section 9 — 159(c) is unambiguous. According to the Board, the provision requires that plaintiff’s duty disability benefits be offset against all of plaintiff’s workers’ compensation payments. Since plaintiff’s total workers’ compensation payments exceeded the Pension Code’s 75% obligation, the Board maintains that plaintiff is not entitled to any duty disability benefits.

Plaintiff argues that Pension Code section 9 — 159(c) is ambiguous and, therefore, resorts to statutory construction to ascertain the legislative intent. After comparing Pension Code section 9 — 159(c) to the Workers’ Compensation Act, plaintiff contends that Pension Code duty disability benefits are to be offset against only workers’ compensation temporary total disability benefits.

The appellate court accepted plaintiff’s interpretation of the Pension Code and agreed with his result. (236 Ill. App. 3d at 365-67.) The court found that the language of section 9 — 159(c) was ambiguous. The court reasoned:

“It is unclear what the statute means by the terms ‘specific loss,’ ‘disability,’ or ‘death.’ The statute does not provide that a duty disability benefit payable as a result of an injury shall be reduced by any payment from the county for that injury. If that were the case, the statute’s language would be clearer.

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Bluebook (online)
620 N.E.2d 1070, 156 Ill. 2d 377, 189 Ill. Dec. 753, 1993 Ill. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/difoggio-v-retirement-board-of-the-county-employees-annuity-benefit-fund-ill-1993.