Luchesi v. Retirement Board of Firemen's Annuity

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’s failure to perform physical therapy constitutes an intervening cause breaking the causal connection between the shoulder injury and the disability.

We reject the board’s argument…