Schroeder v. City of Chicago

This is a suit under the ubiquitous 42 U.S.C. § 1983 by a former employee of the Chicago fire department who is complaining about delay in the receipt of disability benefits. The suit was dismissed for failure to state a claim, so we are confined to the facts stated in the complaint. On October 23, 1985, Bernard Schroeder was injured while fighting a fire. He was placed on medical leave at full pay and remained in that status for more than a year, during which time he was examined by a number of doctors all of whom concluded that he would be unable to resume his duties as a fireman. On November 16, 1986, the fire department stopped paying him and the next month he applied to the Retirement Board of the Firemans Annuity and Benefit Fund of Chicago -- a public agency separate from the City of Chicago, Ill. Rev. Stat. ch. 108 1/2, para 22-402 -- for permanent "duty disability" benefits, that is, benefits for a disability incurred in the line of duty.