Legal Opinion

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

Illinois Supreme Court

Decided September 23, 1993No. 74563PublishedCited by 52 opinions

1Opinion of the CourtJustice Freeman

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…

2Cases cited8 opinions

  1. Kozak v. RETIREMENT BOARD OF FIREMEN'S ANNUITY AND BENEFIT FUNDIllinois Supreme Court · 1983
  2. Western National Bank v. Village of KildeerIllinois Supreme Court · 1960
  3. Illinois Power Co. v. MahinIllinois Supreme Court · 1978
  4. City of Freeport v. Illinois State Labor Relations BoardIllinois Supreme Court · 1990
  5. Brinkmann v. Industrial CommissionIllinois Supreme Court · 1980

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3Cited by52 opinions

  1. People v. WoodardIllinois Supreme Court · 1997
  2. Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc.Illinois Supreme Court · 1994
  3. Ziarko v. Soo Line RailroadIllinois Supreme Court · 1994
  4. Bridgestone/Firestone, Inc. v. AldridgeIllinois Supreme Court · 1997
  5. Solich v. George and Anna Portes Cancer Prevention Center of Chicago, Inc.Illinois Supreme Court · 1994

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