ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/6-153 (2026)

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

✓ current as of May 2026
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(40 ILCS 5/6-153) (from Ch. 108 1/2, par. 6-153)
    Sec. 6-153. 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 requires the applicant to obtain a second opinion, the applicant may select a physician from a list of qualified licensed and practicing physicians which shall be established and maintained by the board. The Board may require other evidence of disability. A disabled fireman who is receiving a duty, occupational disease, or ordinary disability benefit shall be examined at least once a year or such longer period as determined by the Board, by one or more licensed and practicing physicians appointed by the board; however such examination may be waived by the Board if the appointed physician certifies in writing to the Board that the disability of the fireman is of such a nature as to render him permanently disabled and unable ever to return to service.
    When the disability ceases, the Board shall discontinue payment of the benefit and the fireman shall be returned to service in his proper rank or grade.
(Source: P.A. 96-727, eff. 8-25-09.)

    
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2000–2025 · leading case: Thigpen v. Ret. Bd. of Firemen's Annuity & Benefit Fund of Chicago, 741 N.E.2d 276 (Ill. App. Ct. 2000).
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Thigpen v. Ret. Bd. of Firemen's Annuity & Benefit Fund of Chicago, 741 N.E.2d 276 (Ill. App. Ct. 2000). · cites it 4× “The Code defines an "act of duty" as: "Any act imposed on an active fireman by the ordinances of a city, or by the rules or regulations of its fire department, or any act performed by an active fireman while on duty, having for its direct purpose the saving of the life or…”
Nowak v. Ret. Bd. of Firemen's Annuity & Benefit Fund of Chicago, 733 N.E.2d 804 (Ill. App. Ct. 2000). · cites it 2× “" 40 ILCS 5/6-153 (West 1992). The circuit court determined, in part, that, because no Board-appointed physician found Nowak disabled, he is not entitled to duty disability benefits.”
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024). “§ 5-156), which provides: “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.”
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2025 IL 131343 (Ill. 2025). “3d 403 (2000), the appellate court had considered an analogous Code section—section 6- 153 (40 ILCS 5/6-153 (West 1992) (renumbered as 40 ILCS 5/6-163))—which applies to the firemen’s annuity and benefit fund for cities with a population over 500,000.”
Luchesi v. Ret. Bd. of the Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2002). · cites it 3× “" 40 ILCS 5/6-153 (West 1998). The board interprets this statute to mean that if the claimant seeks a duty disability, the doctor the board appoints must testify not only that the claimant is disabled, but also that the disability qualifies as a duty disability.”
Thigpen v. Ret. Bd. of Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2000). · cites it 4× “" 40 ILCS 5/6-110 (West 1996). When applying for benefits, the Code provides: "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.”
Wilfert v. Ret. Bd. of the Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2000). · cites it 2× “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.”
Nowak v. Ret. Bd. of Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2000). · cites it 2× “" 40 ILCS 5/6-153 (West 1992). The circuit court determined, in part, that, because no Board-appointed physician found Nowak disabled, he is not entitled to duty disability benefits.”
Roszak v. Kankakee Firefighters' Pension Bd. (Ill. App. Ct. 2007). “Further, when a firefighter applies for benefits, the Pension Code provides: “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.”
Bertucci v. Ret. Bd. of the Firemen's Annuity (Ill. App. Ct. 2004). “" 40 ILCS 5/6-153 (West 1992). In his March 1998 written report to the Board, Dr.”
Oak Park v. Oak Park (Ill. App. Ct. 2005). “) 40 ILCS 5/6-153 (West 2002). The Village's reliance on section 6-153 is misplaced.”
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