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Thigpen v. Retirement Board of Firemen's Annuity and Benefit Fund of Chicago11/28/2000
Not Released For Publication.
CLIFTON THIGPEN, PLAINTIFF-APPELLEE,
v.
RETIREMENT BOARD OF FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO , DEFENDANT-APPELLANT.
Appeal from the Circuit Court of Cook County No. 98 CH 17882 The Honorable Dorothy K. Kinnaird, Judge Presiding.
The opinion of the court was delivered by: Justice Cousins
Plaintiff, Clifton Thigpen, sought administrative relief from a decision of the Retirement Board of Firemen's Annuity and Benefit Fund of Chicago (the Board) denying his application for duty disability benefits under the Illinois Pension Code (40 ILCS 5/6-101 et seq. (West 1996)). The circuit court reversed the Board's decision and the Board now appeals from the judgment. The issue presented for review is whether the trial court erred in finding that the decision of the Board denying Thigpen's application for duty disability benefits was against the manifest weight of the evidence.
We affirm.
BACKGROUND
Clifton Thigpen became a firefighter for the Chicago fire department in October of 1978. On February 22, 1995, he slipped and fell from the sixth rung of a wooden ladder (approximately four to six feet) while polishing a brass pole located at his firehouse. Polishing the brass pole was one of his assigned duties as a firefighter. He landed on his back and right elbow. His fall was witnessed by Lieutenant Donald Pugh and firefighter Donald Robinson, the firefighter holding the ladder. Following the fall, Thigpen was transported via ambulance to Little Company of Mary Hospital for medical treatment. According to the emergency room physician's report, "moderately severe pain to olecranon process of the right elbow" was noted and "moderate right paralumbar tenderness" was found in his back. The report also indicated that he refused pain medication at that time. Thigpen was released the same day with pain medication and was instructed to return if his pain worsened.
Shortly after Thigpen's release, he was evaluated by Dr. Steven Mather, his primary care physician, of the Parkview Orthopaedic Group, S.C. Dr. Mather's March 16, 1995, letter to Dr. Hugh Russell, medical director of the Chicago fire department, provided: "On physical examination [Thigpen] is quite tender in the lumbosacral junction. * We will get him into physical therapy for a quicker return to work. * At the next visit I think he should be able to return to work." In a letter dated April 20, 1995, Dr. Mather indicated to Dr. Russell: "We will get an epidural steroid and follow this with a 2nd one 2 weeks later. We will see him back 2 weeks after his epidural steroids and will continue the therapy for now. He is currently off work until further notice."
After a June of 1995 examination, Dr. Mather recommended two epidural steroid injections two weeks apart for Thigpen. In July of 1995, Dr. Mather wrote to Dr. Russell: "His back is feeling better. * We will get him into physical therapy for strengthening and conditioning and see him back in 4 weeks at which time our goal would be to return him to unrestricted duty." Also in July of 1995, Thigpen participated in a functional capacity evaluation (FCE) conducted by physical therapist Kathy Ruggio of the CAREMARK Center for Industrial Rehabilitation. Ruggio's report stated:
"A firefighter is considered to be in the Very Heavy work category which is a lift of over 100# on an occasional basis. It is apparent that the client is unable to perform his pre-injury job demands at this time.
*
It appears that the client would benefit fr
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