Reisner v. Board of Trustees of the Fire Retirement System

LeGRAND, Justice.

This appeal asks us to decide if plaintiff shall have a disability retirement from the Dubuque Fire Department under section 411.6(5), The Code, 1966, or only a service retirement under section 411.6(2). This, in turn, depends on whether he is physically incapacitated from performing the duties of a fireman. The matter is important because the benefits received for disability retirement are substantially greater than those for service retirement.

The Board of Trustees of the Fire Retirement System (hereafter called the board) denied plaintiff’s application for disability…