Talerico v. Village of Clarendon Hills

Illinois Appellate Court
Civil Court
Public Safety Employee Benefits Act
Citation
Case Number: 
2021 IL App (2d) 200318
Decision Date: 
Tuesday, June 22, 2021
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON

Plaintiff, a full-time probationary police officer, when responding to a report of a home invasion and carrying evidence-technician equipment, slipped on snow and ice at the rear of his squad car, and injured his shoulder when he braced himself from falling. Plaintiff was entitled to payment of health insurance benefits by Village per plain language of section 10 of Public Safety Employee Benefits Act, because he suffered a "catastrophic injury" which occurred "during the investigation of a criminal act." Plaintiff's investigative duties at time of injury had element of immediacy, as he had to act quickly to search for footprints in the snow and needed to dust for fingerprints that could otherwise be lost. The Act does not required that an employee be performing investigatory acts at time of injury, but only that injury occur during investigation of a criminal act. (BRIDGES and BIRKETT, concurring.)