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LUCHESI v. RETIREMENT BD. OF FIREMEN'S ANN.

No. 1-01-1195.

776 N.E.2d 703 (2002)

333 Ill. App.3d 543

267 Ill.Dec. 331

Robert LUCHESI, Plaintiff-Appellee, v. RETIREMENT BOARD OF the FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied September 16, 2002.

Attorney(s) appearing for the Case

Burke Burns & Pinelli, Ltd., Chicago (Vincent D. Pinelli, Timothy P. Mahoney, of counsel), for Appellant.

Sugarman & Horwitz, Chicago (Stephen B. Horwitz, of counsel), for Appellee.

Justice McNULTY delivered the opinion of the court:

The Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago denied Robert Luchesi's application for duty disability benefits because he failed to have physical therapy following a shoulder injury. On administrative review the trial court reversed the board's decision, finding that no law made firefighter's benefits contingent on receiving medical treatment. The board, on appeal, claims that Luchesi...

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