Carey v. Wisconsin Retirement Board

¶ 1. The issue on this appeal is whether the Wisconsin Retirement Board correctly construed Wis. Stat. § 40.65(5)(b) (2003-04) 1 in determining Barbara Carey's duty disability benefits. The Board reduced those benefits by earnings and lump sum worker's compensation benefits she received after the effective date of her duty disability benefits. The circuit court upheld this decision and Carey appeals. She contends the Board's construction of the statute is incorrect because earnings and benefits may reduce duty disability benefits only if they are contemporaneously earned or accrue, and, she…