O'Callaghan v. Retirement Board of Firemen's Annuity & Benefit Fund of Chicago

706 N.E.2d 979, 302 Ill. App. 3d 579, 236 Ill. Dec. 105, 1998 Ill. App. LEXIS 861
CourtAppellate Court of Illinois
DecidedDecember 17, 1998
Docket1-98-0068
StatusPublished
Cited by21 cases

This text of 706 N.E.2d 979 (O'Callaghan v. Retirement Board of Firemen's Annuity & Benefit Fund of Chicago) 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
O'Callaghan v. Retirement Board of Firemen's Annuity & Benefit Fund of Chicago, 706 N.E.2d 979, 302 Ill. App. 3d 579, 236 Ill. Dec. 105, 1998 Ill. App. LEXIS 861 (Ill. Ct. App. 1998).

Opinion

JUSTICE HOFFMAN

delivered the opinion of the court:

The plaintiff, Emmett O’Callaghan, appeals from the circuit court’s judgment affirming defendant Retirement Board of Firemen’s Annuity and Benefit Fund of Chicago’s (Board’s) denial of his applications for duty disability benefits and ordinary disability benefits under sections 6 — 151 and 6 — 152 of the Illinois Pension Code (Code) (40 ILCS 5/6—151, 6—152 (West 1996)), respectively. The plaintiff contends that (1) the Board’s decisions were against the manifest weight of the evidence, (2) the Board erroneously failed to apply the language of sections 6 — 151 and 6 — 152 of the Code, and (3) the Board denied the plaintiff due process and a fair hearing. For the reasons that follow, we reverse and remand this cause for further proceedings.

The plaintiff was 49 years old when he was hired by the Chicago fire department (Department) as a firefighter on December 1, 1994. Upon hire, he began contributing a percentage of his salary to the Board for duty disability benefits and ordinary disability benefits.

In December 1994, the plaintiff began a three-month training course that the Department requires all firefighter candidates to complete before they are released to work in the fire stations. The plaintiff suffered an attack of ulcerative colitis in January 1995 and did not complete the training course. However, the plaintiff remained on the Department payroll continuously throughout 1995 and enrolled in his second firefighter candidate class in October of that year. Three weeks before graduation of the candidate class, the plaintiff fell while performing one of the training drills and tore the cartilage in his right knee. He was hospitalized and did not complete the course.

Dr. Hugh Russell, the Department’s medical director, referred the plaintiff to Dr. Preston Wolin for examination. On January 31, 1996, Dr. Wolin performed arthroscopic surgery on the plaintiffs right knee. He reported to Dr. Russell in a letter dated February 13, 1996, that the plaintiff was progressing well and that he could return to the firefighter training academy in one month.

At Dr. Russell’s direction, the plaintiff began “work conditioning” at HealthSouth Work Center in April 1996. The record contains a “Notification of Change of Medical Injury Lay-Up Status” report, which states that the plaintiffs “duty injury has resolved on 8-26-96 per Hugh Russell, M.D.” However, the plaintiff was never returned to work. On October 16, 1996, Dr. Russell removed the plaintiff from the Department payroll.

On October 23, 1996, the plaintiff filed an application with the Board for duty disability benefits pursuant to section 6 — 151 of the Code (40 ILCS 5/6—151 (West 1996)). The plaintiff claimed that he became disabled as the result of an act of duty when he injured his knee while taking part in a training drill as a candidate firefighter.

After an administrative hearing on December 18, 1996, the Board denied the plaintiff’s application for duty disability benefits. The plaintiff filed a complaint for administrative review on January 23, 1997.

While the plaintiff’s complaint for administrative review of the Board’s decision was pending, the plaintiff filed a second application with the Board seeking ordinary disability benefits on June 5, 1997. This application was also based on the injury he sustained as a candidate firefighter. After a hearing on August 20, 1997, the Board denied the plaintiffs application for ordinary disability benefits.

The trial court allowed the plaintiff to amend his complaint for review of the Board’s denial of his application for duty disability benefits in order to add a count for review of the Board’s denial of his claim for ordinary disability benefits. The trial court affirmed the Board’s denial of both duty and ordinary disability benefits, and this appeal followed.

We first address the plaintiffs application for duty disability benefits. Section 6 — 151 of the Code provides in pertinent part that “[a]n active fireman who is or becomes disabled on or after the effective date as the result of a specific injury, or of cumulative injuries, or of specific sickness incurred in or resulting from an act or acts of duty, shall have the right to receive duty disability benefit during any period of such disability for which he does not receive or have a right to receive salary.” 40 ILCS 5/6—151 (West 1996). The Code defines an “Act of Duty” as:

“Any act imposed on an active fireman by the ordinances of a city, or by the rules or regulations of its fire department, or any act performed by an active fireman while on duty, having for its direct purpose the saving of the life or property of another person.” 40 ILCS 5/6—110 (West 1996).

The Board denied the plaintiff duty disability benefits “for the reason that there is not sufficient evidence to substantiate that you are disabled as a result of an act or acts of duty.” (Emphasis added.) Thus, the Board’s decision apparently was based on its determination that firefighter candidate drills do not constitute acts of duty for purposes of section 6 — 110 of the Code. The construction of a statute is a question of law, and the administrative agency’s interpretation is not binding on this court. See City of Chicago v. Illinois Commerce Comm’n, 294 Ill. App. 3d 129, 689 N.E.2d 241 (1997). We review such issues on a de novo basis. Branson v. Department of Revenue, 168 Ill. 2d 247, 254, 659 N.E.2d 961 (1995).

The Board contends that the words “having for its direct purpose the saving of life or property of another person” modifies each of the preceding clauses in the “act of duty” definition and, therefore, a claimant must prove that his disability arose from an act having for its direct purpose the saving of life or property of another. The Board argues that training at the firefighter academy has, at best, only an indirect purpose of saving life or property. We disagree.

We conclude that the word “or” in section 6 — 110 of the Code, a disjunctive particle, requires that the subsections which it connects should be read separately from one another. It has long been held that the word “or,” as used in its ordinary sense, marks an alternative indicating the various members of the sentence which it connects are to be taken separately. People v. Vraniak, 5 Ill. 2d 384, 389, 125 N.E.2d 513 (1955), cert denied, 349 U.S. 963, 99 L. Ed. 2d 1285, 75 S. Ct. 894 (1955).

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

Related

Calleros v. Board of Trustees of the Calumet City Firefighters Pension Fund
2025 IL App (1st) 240374-U (Appellate Court of Illinois, 2025)
Village of Roselle v. Board of Trustees of the Roselle Firefighters' Pension Fund
2021 IL App (2d) 200360 (Appellate Court of Illinois, 2021)
Howe v. Retirement Board of the Firemen's Annunity and Benefit Fund of Chicago
2015 IL App (1st) 141350 (Appellate Court of Illinois, 2015)
Howe v. The Retirement Board of the Firemen's Annunity and Benefit Fund of Chicago
2015 IL App (1st) 141350 (Appellate Court of Illinois, 2015)
Buckner v. The University Park Police Pension Fund
2013 IL App (3d) 120231 (Appellate Court of Illinois, 2013)
Gaffney v. ORLAND FIRE PROTECTION
921 N.E.2d 778 (Appellate Court of Illinois, 2009)
Reed v. Retirement Board of Fireman's Annuity & Benefit Fund
876 N.E.2d 94 (Appellate Court of Illinois, 2007)
Reed v. Retirement Board of the Fireman's Annuity
Appellate Court of Illinois, 2007
Mabie v. Village of Schaumburg
Appellate Court of Illinois, 2006
Grever v. Board of Trustees of the Illinois Municipal Retirement Fund
353 Ill. App. 3d 263 (Appellate Court of Illinois, 2004)
Luchesi v. Retirement Board of Firemen's Annuity
776 N.E.2d 703 (Appellate Court of Illinois, 2002)
Van Harken v. City of Chicago
713 N.E.2d 754 (Appellate Court of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
706 N.E.2d 979, 302 Ill. App. 3d 579, 236 Ill. Dec. 105, 1998 Ill. App. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocallaghan-v-retirement-board-of-firemens-annuity-benefit-fund-of-illappct-1998.