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Wilfert v. Retirement Board of the Firemen's Annuity & Benefit Fund of Chicago12/22/2000
APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE JOHN K. MADDEN, JUDGE PRESIDING.
Plaintiff Kenneth Wilfert appeals an order of the circuit court of Cook County denying his petition for administrative review of the decision by the defendant Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago (Board) to terminate Wilfert's duty disability benefits. This case is related to Wilfert v. Retirement Bd. of Firemen's Annuity & Ben. Fund of Chicago, 263 Ill. App. 3d 539, 640 N.E.2d 1246 (1994), in which this court held that the Board erred in failing to consider the injury Wilfert sustained during "work hardening" when it denied him duty disability benefits. Wilfert, a paramedic, was first injured when an automobile struck his ambulance.
The record on appeal discloses that on December 17, 1997, the Board commenced a hearing pursuant to section 6-153 of the Illinois Pension Code (40 ILCS 5/6-153 (West 1996)) (Code) to decide whether Wilfert's duty disability payments should be discontinued.
Dr. George Motto, a physician and consultant for the Board since 1973, testified that once an applicant is granted benefits, he or she is asked to return periodically for re-examination at the discretion of the Board. Dr. Motto testified that he saw Wilfert in June 1997 and believed that Wilfert should have a Functional Capacity Evaluation (FCE) and possibly a second opinion.
The FCE conducted on August 17, 1997, states that Wilfert:
"tested out at the medium-heavy physical demand level for work tolerance with a maximum lifting ability of 70 lb from floor to knuckle, 60 lb from knuckle to shoulder and 40 lb from shoulder to overhead levels with complaints of bilateral trapezius muscle tightness and cramping sensation in right hand dorsal web space between thumb and index finger with cumulative lifting. He also demonstrated the ability to simulate use of stair chair by pulling up and lowering 111 lb up and down one flight of stairs without assistance. This client's job as a paramedic may require him to lift over 100 lb at various levels in various conditions. Therefore, due to decreased lift capacity, he was unable to meet job requirements. A full duty work recommendation cannot be made at this time."
The FCE also states that Wilfert "put forth a maximum physical test effort." The FCE notes that "the position of paramedic rates at the very heavy physical demand level for work." The FCE later shows a table of "Physical Characteristics of Work" which rates "Medium Heavy" below "Heavy" and "Very Heavy."
The FCE recommended Wilfert have three to four weeks of physical therapy, followed by a work hardening program of two to three weeks. The FCE stated that the prognosis for a duty work release recommendation later was "good." Based on the FCE, Dr. Motto believed that Wilfert should have work hardening "because there didn't seem to be a specific problem and because he was deconditioned."
The record contains a "Discharge Note" from the HealthSouth Center for Physical Therapy & Industrial Rehabilitation, which states that Wilfert had "attended 3 P.T. visits." Initially, Wilfert "was performing the exercise with more vigor than needed"; on his second visit, Wilfert reported "feeling like he just re-injured it for the very first time in 1989." Wilfert was discharged due to lack of progress, with the Discharge Note stating that "P.T. is not indicated at this time." The Discharge Note stated that Dr. Motto would be notified. At the hearing, Dr. Motto testified that Wilfert tried work hardening, but it "couldn't be completed."
Dr. Motto testified that Wilfert was then sent to Dr. James Ryan, a Consu
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