Bremer v. The City of Rockford

(Modified upon denial of rehearing 4/7/17.) Plaintiff, a city firefighter, filed application for occupational disease disability pension under Section 4-110.1 of Pension Code. City Pension Board granted Plaintiff's application. City denied Plaintiff's application for continuing health insurance benefits under Section 10 of Public Safety Employee Benefits Act.As Plaintiff was not awarded a line-of-duty disability pension, circuit court erred in granting Plaintiff summary judgment on count I based on his award of an occupational disease disability pension. Summary judgment was properly entered for Defendant City on Counts II and III. "Catastrophic injury" in Section 10(a) of Benefits Act means an injury resulting in award of a line-of-duty disability pension under Section 4-110 of the Pension Code. "Catastrophic injury", in section 10(a) of Benefits Act, is not synonymous with a disease resulting in the award of an occupational disease disability pension as defined by Section 4-110.1 of Pension Code. (KARMEIER, FREEMAN, GARMAN, BURKE, and THEIS, concurring; KILBRIDE, concurring in part and dissenting in part).