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SCALISE v. BOARD OF TRUSTEES OF WEST-CHESTER FIREMEN'S PENSION FUND

No. 1-92-3662.

637 N.E.2d 1040 (1993)

264 Ill.App.3d 1029

202 Ill.Dec. 304

Ralph SCALISE, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF the WEST-CHESTER FIREMEN'S PENSION FUND, Gary Padalik, Thomas Rafferty, Lorraine Jerik, Kathy Hayes, Edward Vandenbrouckle, John Sinde, Budd McDonald, Trustees, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

December 3, 1993.

Attorney(s) appearing for the Case

Michael Rathsack, Chicago, for appellant.

Thomas F. McGuire and Associates, Ltd, Long Grove, for appellees.

Justice McNULTY delivered the opinion of the court:

Plaintiff Ralph Scalise applied for a 65%, line of duty, disability pension (40 ILCS 5/4-110 (West 1992)) or an occupational disease pension (40 ILCS 5/4-110.1 (West 1992)), contending that his asthma prevented him from carrying out his duties as a fireman and that his asthma had been exacerbated by his employment. The Board of Trustees of the Westchester Fireman's Pension Fund (Board) denied plaintiff's request...

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