Illinois Compiled Statutes
40 ILCS 5/5-156 (2026)
Proof of disability - Physical examinations
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(40 ILCS 5/5-156)
(from Ch. 108 1/2, par. 5-156)
Sec. 5-156.
Proof of disability - Physical
examinations. Proof of duty, occupational disease, or ordinary disability
shall be furnished to the board by at least one licensed and practicing
physician appointed by the board. In cases where the board requests an
applicant to get a second opinion, the applicant must select a physician from
a list of qualified licensed and practicing physicians who specialize in the
various medical areas related to duty injuries and illnesses, as established
by the board. The board may require other evidence of disability. A disabled
policeman who receives a duty, occupational disease, or ordinary
disability benefit shall be examined at least once a year by one or more
physicians appointed by the board. When the disability ceases, the board shall
discontinue payment of the benefit, and the policeman shall be returned to
active service.
(Source: P.A. 90-766, eff. 8-14-98.)
Notes of Decisions
Cited in 11
cases (8 in the last 5 years), 1999–2025 · leading case: Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024).
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024). “25, 2023) (quoting 40 ILCS 5/5-156 (West 2022)). ¶ 28 If we were to interpret section 5-156 in the same manner that Nowak interpreted section 6- 153, we would have to conclude that the Board properly denied Moreland disability benefits.”
Warner v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2022 IL App (1st) 200833-U (Ill. App. Ct. 2022). “40 ILCS 5/5-156 (West 1998) (“…A disabled policeman who receives a duty, occupational disease, or ordinary disability benefit shall be examined at least once -2- 1-20-0833 a year by one or more physicians appointed by the board.”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “” 40 ILCS 5/5-156 (West 2020). ¶ 31 Here, we are reviewing whether the record of evidence was sufficient to support the Board’s decision to terminate Mahan’s disability pension based upon the Board’s finding that Mahan was no longer disabled.”
Rainey v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2024 IL App (1st) 231993 (Ill. App. Ct. 2024). “) 40 ILCS 5/5-156 (West 2022). ¶ 47 The Seventh Circuit’s opinion in Buttitta v.”
Koniarski v. Ret. Bd. of the Policeman's Annuity & Benefit Fund of the City of Chicago, 2021 IL App (1st) 200501-U (Ill. App. Ct. 2021). “¶7 Pursuant to section 5-156 of the Pension Code (40 ILCS 5/5-156 (West 2016)) (Code), Koniarski received periodic medical examinations to determine whether she had recovered from her disability.”
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2025 IL 131343 (Ill. 2025). “On appeal, the Board argues that (1) plaintiff’s disability claim was properly denied because he did not provide the Board with proof of disability from at least one doctor appointed by the Board (see 40 ILCS 5/5-156 (West 2022)) and (2) this court’s decision in Kouzoukas is…”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “” 40 ILCS 5/5-156 (West 2020). ¶ 31 Here, we are reviewing whether the record of evidence was sufficient to support the Board’s decision to terminate Mahan’s disability pension based upon the Board’s finding that Mahan was no longer disabled.”
Gonzales v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2025 IL App (1st) 242166-U (Ill. App. Ct. 2025). “Pursuant to section 5-156 of the Code (40 ILCS 5/5-156 (West 2020)), the Board selected Dr.”
Swoope v. Ret. Bd. of the Policemen's Annuity & Benefit Fund (Ill. App. Ct. 2001). “40 ILCS 5/5-156 (West 1998). Thomas did not return to work as a policeman after the accident and continued to receive duty disability payments until his death from a heart attack on March 5, 1998.”
Flaherty v. Ret. Bd. of the Policemen's Annuity & Benefit Fund (Ill. App. Ct. 1999). “Matz should not have been allowed to testify because, according to section 5-156 of the Pension Code (40 ILCS 5/5-156 (West 1996)), where the Board wishes to explore a secondary opinion the applicant is to choose the doctor from a list compiled by the Board.”
Terrano v. The Ret. Bd. of the Policemen's Annuity Fund of the City of Chicago (Ill. App. Ct. 2000). “See 40 ILCS 5/5-156 (West 1998). Consequently, we are modifying the circuit court's order to provide merely that the decision of the Board denying the plaintiff duty disability benefits is reversed and the matter is remanded to the Board for the purpose of awarding those…”
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