Bremer v. City of Rockford

(Court opinion corrected 5/5/15.) City firefighter suffering from heart condition obtained occupational disease disability pension under Section 4-110.1 of Illinois Pension Code, and court ruled that pension qualified him for benefits under Section 10 of Benefits Act. Plaintiff is not entitled to recover attorney fees under Wage Actions Act, because even if he prevails on his claim for postemployment health care benefits under Benefits Act, those benefits would not qualify as "wages earned and due and owing according to terms of the employment." Plaintiff's claim for unpaid health insurance premiums and medical expenses is not ripe for adjudication, as there is no longer a judgment requiring City to pay health insurance premiums for Plaintiff or his wife. "Catastrophic injury" in Section 10(a) of Benefits Act is "synonymous" with injury or disease resulting in pension under Section 4-110.1 of Pension Code.(JORGENSEN, concurring; McLAREN, concurring in part and dissenting in part.)