Cary Fire Protection District v. Industrial Commission

569 N.E.2d 1338, 211 Ill. App. 3d 20, 155 Ill. Dec. 727, 1991 Ill. App. LEXIS 572
CourtAppellate Court of Illinois
DecidedApril 5, 1991
Docket2-90-0321 WC
StatusPublished
Cited by13 cases

This text of 569 N.E.2d 1338 (Cary Fire Protection District v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cary Fire Protection District v. Industrial Commission, 569 N.E.2d 1338, 211 Ill. App. 3d 20, 155 Ill. Dec. 727, 1991 Ill. App. LEXIS 572 (Ill. Ct. App. 1991).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Claimant, Paul Anderson, a volunteer fireman employed by the Cary Fire Protection District (District), filed a claim for benefits against the District after he was injured while participating in a “water fight” sponsored by the Cary Fireman’s Association (Association). The arbitrator awarded benefits. The Industrial Commission (Commission) reversed the decision of the arbitrator. On review, the circuit court of McHenry County set aside the decision of the Commission and reinstated the decision of the arbitrator awarding benefits to the claimant. The District appeals. A summary of the pertinent testimony follows below.

Claimant testified that he is employed by the District as a volunteer fireman, his primary duty being that of engineer, which means he operates the pump unit to supply water to a fire scene. He has a classification as a Firefighter 2, which required him to obtain a certain number of hours in credited courses. There is also continuous training through the District on “drill nights,” which are held once per month. Drill nights provide training in specific areas, such as breathing apparatus, ladder climbing or other aspects of fire service work. Seminars to provide information on fire scene work are also provided. Firehose handling training would take place on Lake Julian two or three times per year. The training sessions or practices would consist of shooting water at barrels. According to claimant, the fire fighters would organize as teams and make a game of it.

Claimant testified that the Association differed from the District in that the Association was made up of the fire fighters in the District, as well as retired fire fighters. The Association was an incorporated organization that had a separate financial system from that of the District. While the District financed the equipment and maintained equipment for use in the District, the Association provided funds for expenditures not allocated for by the District.

Claimant testified further that on September 11, 1982, he participated in a water fight tournament at the McHenry County fairgrounds. He was participating as a member of the District team. Each team in the tournament got a hose and tried to push a barrel past the other team within two minutes of the referee’s command. Claimant’s team that day consisted of four men who worked with claimant in the District and one man from the Woodstock rural fire department. Claimant’s position was nearest to the nozzle. During the match with Woodstock, claimant injured his right leg. Claimant described how he was injured as follows:

“I was anticipating the barrel coming over the wire and across the Court and when it did I anticipated that movement, pulling the line with me and trying to match with that barrel going across the Court and at the end of my push, an extension of my leg, my leg snapped over.”

According to claimant, while he was participating in the tournament, he wore a helmet, coat and boots which were furnished to him by the District. He also wore a team shirt, which was paid for by the District. The other equipment, such as hoses, nozzles, engines, etc., was provided by the host team, as were the referees. The equipment used in the water fight tournament was identical to that used to fight a fire. There is a 10-pound difference in the water pressure used due to the different size tip on the hose nozzle.

The Association sponsored such tournaments two times per year at Cary. Teams from several of the surrounding counties were invited to participate. About 12 to 15 Cary firemen participated in the water fight, although the whole department would turn out for the tournament. The Association paid for insurance to cover the spectators. Refreshments were paid for by the Association. No admission fee was charged, though donations could be made, and the donated funds were used to pay expenses for the tournament, and any extra funds would be kept by the Association. A practice was held prior to the tournament at Lake Julian. The Association provided the equipment, and almost everyone from the fire department participated. It was claimant’s understanding that if the practice was held on a drill night, there was insurance coverage for the practice. Each member of the Association was given 10 tickets to sell. Ticket sales earned the Association approximately $350.

Claimant testified further that participating in water fights benefited him in that he was better able to handle the water hose in actual fire fighting and acquired feeling of camaraderie with the other fire fighters that enabled them to function as a team while fighting fires. Water fighting also built up his physical stamina. Mishandling a fire hose can severely injure both persons and property. Contact with firemen from other counties during the tournament aids in situations where different departments are fighting a common fire.

On cross-examination, claimant testified that he was never ordered or compelled by the District to participate in water fighting tournaments. He pays yearly dues of $20 for membership in the Association, which amount is not reimbursed by the District. Claimant did receive water hose training through the District. Claimant further testified that the Association sponsored parties, a Christmas party, a turkey raffle and drawings. The Association also made donations to charity such as the fire victims’ fund.

Randall Ray Schlottman testified that he was employed as a fire fighter by the District for seven years beginning 1974-75. While he was employed by the District, he participated in the monthly training sessions held by the Association. The only hands-on training utilizing the fire hoses under pressure was the water fights. According to Schlottman, about three-quarters of the men in the Association participated at one time or another in the water fights. The techniques and equipment used in the water fights were the same as were used in fire fighting. In Schlottman’s opinion, participation in the water fights benefited him as it enabled him to know the capabilities of his fellow fire fighters. It was also a good morale booster. Schlottman explained that a mishandled fire hose could cause serious injuries.

On cross-examination, Schlottman testified that participating in the water fighting tournament was voluntary.

Ernest Carlson testified that he is employed by the District as a fire fighter and has been for the past 10 years. His training on the fire hose consisted of participating in the water fights. The equipment and the techniques for water fighting are the same as they are for fire fighting. He had some training as an engineer. The engineer’s duties are in some cases the same in water fighting as they are in fire fighting. He felt that water fighting was a good training procedure because there was no training like actually handling the hose. Water fighting had given him experience in drafting water quickly, and he had trained a few firemen himself on using the engine through water fighting. He recalled one occasion on which the fire chief had said they were going to have a water fight so as to familiarize the new men with the department how to handle the fire hose.

Clifford Anderson, father of the claimant, testified that he has been a volunteer fireman with the District since 1946.

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569 N.E.2d 1338, 211 Ill. App. 3d 20, 155 Ill. Dec. 727, 1991 Ill. App. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cary-fire-protection-district-v-industrial-commission-illappct-1991.