In Bertucci v. Retirement Board of the Firemen's Annuity & Benefit Fund, 351 Ill. App. 3d 368, 813 N.E.2d 1021, 286 Ill. Dec. 328 (2004), fire fighter James Bertucci was granted duty-related disability benefits by the Board after he suffered a spinal-compression fracture while on duty in 1991. Bertucci, 351 Ill. App. 3d at 369. a Board physician subsequently examined James in December 1994, January 1997, and March 1998. Bertucci, 351 Ill. App. 3d at 369. In his March 1998 report, the Board's doctor found James" permanently disabled due to prior injury,'" and opined that James would " never return to work.'" Bertucci, 351 Ill. App. 3d at 369. In 2001, James died of lung cancer, and thereafter his widow (the plaintiff) applied for duty death benefits under section 6-140 of the Code. Bertucci, 351 Ill. App. 3d at 369. In June 2001, the Board conducted a hearing on the plaintiff's application. Bertucci, 351 Ill. App. 3d at 369. the Board's doctor testified that James was permanently disabled in March 1998 due to lower-back pain arising from a spinal compression fracture he sustained in his 1992 fall from the fire-truck ladder. Bertucci, 351 Ill. App. 3d at 369. The doctor also testified that cancer unrelated to an act of duty was the cause of death. Bertucci, 351 Ill. App. 3d at 369-70. The Board denied the widow's application for a duty death benefit under section 6-140 of the Code and instead awarded her a non-duty death benefit under section 6-141.1 of the Code. Bertucci, 351 Ill. App. 3d at 370. The Board based this ruling on its finding that "James did not die in the performance of an act of duty." Bertucci, 351 Ill. App. 3d at 370. The circuit court reversed that denial, and the Board appealed. Bertucci, 351 Ill. App. 3d at 370. On appeal, the court stated the issue before it was "whether a fire fighter who is permanently disabled in the course of his duties, and who dies without returning to work, should be treated like a fire fighter who dies in the line of duty or from injuries received directly in the line of duty." Bertucci, 351 Ill. App. 3d at 372. The court explained that resolution of this issue turned upon construction of the third paragraph of section 6-140 of the Code, which states in relevant part: "Unless the performance of an act or acts of duty results directly in the death of the fireman, or prevents him from subsequently resuming active service in the fire department, the annuity herein provided shall not be paid." 40 ILCS 5/6-140 (West 2000). Specifically, the court stated, it was necessary to construe the phrase, " performance of an act or acts of duty prevents him from subsequently resuming active service in the fire department.'" Bertucci, 351 Ill. App. 3d at 373, quoting 40 ILCS 5/6-140 (West 2000). The court construed the phrase to mean that "the duty-related injury permanently prevents a fire fighter from resuming active duty with the fire department." Bertucci, 351 Ill. App. 3d at 373-74. The court explained, "it is therefore the fire fighter's injury, and not his death, which establishes whether the fire fighter may subsequently resume his duties with the fire department." Bertucci, 351 Ill. App. 3d at 374.