Benefits Act claim (Illinois) · Go Syfert
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Benefits Act claim in Illinois

8 Illinois opinions name it 2 courts 2015–2018 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Gaffney v. Board of Trustees of the Orland Fire Protection Districtgreen
ill · 2012 · cited in 3 Illinois opinions naming this issue, 2015–2015
2 sentences

2015A question of fact regarding section 10(b) precludes summary judgment. ¶ 46 “The plain language of subsection (b) provides that public safety employees will receive section 10 benefits when the injury or death occurs as a result of: (1) a response to fresh pursuit; (2) a response to what is reasonably believed to be an emergency; (3) an unlawful act of another; or (4) the investigation of a criminal act.” Gaffney v. Board of Trustees of the Orland Fire Protection District, 2012 IL 110012, ¶ 57 (citing 820 ILCS 320/10(b) (West 2006)).

2015A question of fact regarding section 10(b) precludes summary judgment. ¶ 46 “The plain language of subsection (b) provides that public safety employees will receive section 10 benefits when the injury or death occurs as a result of: (1) a response to fresh pursuit; (2) a response to what is reasonably believed to be an emergency; (3) an unlawful act of another; or (4) the investigation of a criminal act.” Gaffney v. Board of Trustees of the Orland Fire Protection District, 2012 IL 110012, ¶ 57 (citing 820 ILCS 320/10(b) (West 2006)).

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Bremer v. City of Rockford neutral
illappct · 2015
2 sentences

2017Therefore, the circuit court’s judgment on count III was vacated. 2015 IL App (2d) 130920 , ¶ 62. ¶ 14 Justice McLaren dissented from the judgment on the Benefits Act claim, asserting that the award of an occupational disease disability pension is not sufficient to satisfy the “catastrophic injury” element of section 10(a). 2015 IL App (2d) 130920 , ¶¶ 71-73 (McLaren, J., concurring in part and dissenting in part).

2017Therefore, the circuit court’s judgment on count III was vacated. 2015 IL App (2d) 130920 , ¶ 62. ¶ 14 Justice McLaren dissented from the judgment on the Benefits Act claim, asserting that the award of an occupational disease disability pension is not sufficient to satisfy the “catastrophic injury” element of section 10(a). 2015 IL App (2d) 130920 , ¶¶ 71-73 (McLaren, J., concurring in part and dissenting in part).

32016–2017
Nowak v. City of Country Club Hills green
ill · 2011
2 sentences

2018We disagree. *342 ¶ 22 The legislature intended the Benefits Act to continue employer-sponsored health insurance coverage for "officers and the families of officers who, due to a line-of-duty injury, have been forced to take a line-of-duty disability pension." Nowak , 2011 IL 111838 , ¶ 17, 354 Ill.Dec. 825 , 958 N.E.2d 1021 .

2018We disagree. ¶ 22 The legislature intended the Benefits Act to continue employer-sponsored health insurance coverage for “officers and the families of officers who, due to a line-of-duty injury, have been forced to take a line-of-duty disability pension.” Nowak, 2011 IL 111838, ¶ 17 .

22018–2018
Nowak v. City of Country Club Hills green
ill · 2011
2 sentences

2018We disagree. *342 ¶ 22 The legislature intended the Benefits Act to continue employer-sponsored health insurance coverage for "officers and the families of officers who, due to a line-of-duty injury, have been forced to take a line-of-duty disability pension." Nowak , 2011 IL 111838 , ¶ 17, 354 Ill.Dec. 825 , 958 N.E.2d 1021 .

2018We disagree. *342 ¶ 22 The legislature intended the Benefits Act to continue employer-sponsored health insurance coverage for "officers and the families of officers who, due to a line-of-duty injury, have been forced to take a line-of-duty disability pension." Nowak , 2011 IL 111838 , ¶ 17, 354 Ill.Dec. 825 , 958 N.E.2d 1021 .

12018–2018

Statutes the citing opinions construe

IL § 820 ILCS 320/10 (8) IL § 40 ILCS 5/4-110 (6) IL § 40 ILCS 5/4-110.1 (6) IL § 705 ILCS 225/1 (6) IL § 735 ILCS 5/2-1005 (6) IL § 735 ILCS 5/2-615 (6) IL § 750 ILCS 65/15 (6) IL § 40 ILCS 5/6-151 (4) IL § 40 ILCS 5/4-111 (3) IL § 705 ILCS 225/0.01 (3) IL § 735 ILCS 5/2-619 (3) IL § 820 ILCS 320/1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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