Lemmenes v. Orland Fire Protection District

Illinois Appellate Court
Civil Court
Disability Benefits
Municipalities
Citation
Case Number: 
No. 1-09-1133
Decision Date: 
Tuesday, March 23, 2010
District: 
1st Dist., 2nd Div.
Division/County: 
Cook Co.
Holding: 
Affirmed; modified upon denial of rehearing.
Justice: 
CUNNINGHAM
Public Safety Employee Benefits Act Section 10(b) requirements were satisfied, such that firefighter who suffered catastrophic injury during emergency training exercise was entitled to receive continuing health insurance benefit after he was unable to return to full-duty work and was on line-of-duty disability. Act does not differentiate between "actual" and "simulated" emergencies, and firefighter was told that a fellow firefighter was in urgent need of rescue and that he was to respond as if it were real emergency, thus he reasonably believed that it was an emergency.