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Carmody v. Retirement Bd. of Fireman's Annuity and Benefit Fund of Chicago

Case Date: 05/27/1999
Court: 1st District Appellate
Docket No: 1-98-3592

Carmody v. Retirement Bd. of Fireman's Annuity and Benefit Fund of Chicago, No. 1-98-3592

1st District, May 27, 1999

FOURTH DIVISION

THOMAS R. CARMODY,

Plaintiff-Appellee,

v.

THE RETIREMENT BOARD OF THE FIREMAN'S ANNUITY AND BENEFIT FUND OF CHICAGO,

Defendant-Appellant.

 Appeal from the Circuit Court of Cook County.

Honorable Thomas P. Durkin, Judge Presiding.

JUSTICE HOFFMAN delivered the opinion of the court:

The defendant, the Retirement Board of the Fireman's Annuity and Benefit Fund of Chicago (the Board), granted the application of the plaintiff, Thomas R. Carmody, for occupational disease disability benefits and awarded him benefits at the rate of $1,879.25 per month. The plaintiff sought administrative review in the circuit court, arguing that he was actually entitled to benefits at the rate of $2,792.40 per month. The circuit court reversed the decision of the Board, ordering it to pay the plaintiff the greater benefit amount. The Board now appeals.

The facts of this case are undisputed. The plaintiff entered service with the Chicago fire department on October 16, 1966. In 1980, the plaintiff was granted occupational disease disability benefits based on the fact that he suffered from severe bronchitis. In August 1995, the Board notified the plaintiff that it was willing to attempt to provide him with an accommodation, in accordance with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.