Cronin v. Village of Skokie

2019 IL App (1st) 181163
CourtAppellate Court of Illinois
DecidedMay 28, 2019
Docket1-18-1163
StatusUnpublished
Cited by2 cases

This text of 2019 IL App (1st) 181163 (Cronin v. Village of Skokie) 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
Cronin v. Village of Skokie, 2019 IL App (1st) 181163 (Ill. Ct. App. 2019).

Opinion

2019 IL App (1st) 181163

FIRST DIVISION May 28, 2019

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

No. 1-18-1163

PATRICK CRONIN, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 14 CH 20353 ) THE VILLAGE OF SKOKIE, a Municipal Corporation, ) Honorable ) Franklin Ulyses Valderrama, Defendant-Appellant. ) Judge Presiding.

PRESIDING JUSTICE MIKVA delivered the judgment of the court, with opinion. Justices Griffin and Walker concurred in the judgment and opinion.

OPINION

¶1 Defendant Village of Skokie (Village) appeals from a judgment of the circuit court,

awarding Patrick Cronin lifetime health insurance benefits from the Village under section 10 of

the Public Safety Employee Benefits Act (Act or Benefits Act) (820 ILCS 320/10 (West 2012)).

For the following reasons, we affirm.

¶2 I. BACKGROUND

¶3 Mr. Cronin worked as a full-time firefighter and emergency medical technician for the

Village for more than 30 years. On February 24, 2013, he went to the hospital because of pain

that he began experiencing after transporting a patient who appeared to be in cardiac arrest on a No. 1-18-1163

stretcher. Mr. Cronin never returned to work after that incident, and it is that incident that he

claims entitles him to benefits under the Benefits Act.

¶4 Mr. Cronin acknowledged that he was diagnosed with an ascending aortic aneurysm

approximately one year before the February 2013 incident. But Mr. Cronin continued working as

a full-duty firefighter from March 2012 to February 2013, during which time he experienced no

heart-related symptoms, such as chest tightness, pain, or shortness of breath.

¶5 At 8 a.m. on February 24, 2013, Mr. Cronin began a 24-hour shift at the firehouse. At

approximately 7:58 p.m., an EMS call came in for a cardiac arrest. Mr. Cronin was in the truck

that followed the ambulance to the call location. The paramedics went into the home with their

equipment and told Mr. Cronin to bring the stretcher, so he did. Mr. Cronin described the patient

as “very big,” guessing that the individual weighed about 300 pounds. Mr. Cronin was holding

up the stretcher when the paramedics “kind of dropped” the patient onto it. Mr. Cronin felt a pain

and “thought [he] had pulled a muscle in [his] chest.”

¶6 Mr. Cronin continued to feel chest discomfort and started experiencing additional

symptoms as the night wore on—including a headache, lightheadedness, and nausea. Because his

symptoms “kept getting worse,” Mr. Cronin was transported to the emergency room by

ambulance at approximately 6 a.m. After consulting with his doctor and a surgeon, Mr. Cronin

had surgery to replace his aortic valve on May 1, 2013. In September 2013, Mr. Cronin was still

having problems with his chest and decided to see if he was eligible for a disability pension. He

applied for a pension with the Village’s Firefighters’ Pension Board (Board or Pension Board),

and specifically requested an occupational disease disability pension. On the application, Mr.

Cronin explained his disability as follows: “After open heart surgery to repair upper aorta and

replace aortic valve, I continue to experience chest pain, dizzy spells, fatigue and [am] unable to

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perform physically what I had been able, prior to surgery.”

¶7 The Pension Board held a hearing on Mr. Cronin’s application on March 17, 2014, which

Mr. Cronin did not attend. On multiple occasions during the hearing, the hearing officer

incorrectly stated that Mr. Cronin had applied for a line-of-duty disability pension, rather than

the occupational disease disability pension. At the conclusion of the hearing, four Board

members voted in favor of granting Mr. Cronin a line-of-duty disability pension, and one

dissented, believing instead that Mr. Cronin should have been awarded a nonduty disability

pension. On April 9, 2014, the Board issued its written order awarding Mr. Cronin a line-of-duty

disability pension pursuant to section 4-110 of the Illinois Pension Code (40 ILCS 5/4-110 (West

2010)).

¶8 On March 18, 2014, Mr. Cronin filed his application for benefits under the Benefits Act.

The Village denied his application on August 4, 2014, explaining that, after reviewing the

materials presented to it, it was “unable to determine that [he] [was] entitled to free health

insurance benefits under the [Act].” On December 19, 2014, Mr. Cronin filed his complaint in

this case, challenging the Village’s denial of his application for health insurance benefits.

¶9 In January 2017, the parties filed cross-motions for summary judgment. The circuit court

granted Mr. Cronin’s motion. In its written order of July 13, 2017, the court found that, under our

supreme court’s decision in Village of Vernon Hills v. Heelan, 2015 IL 118170, the award of a

line-of-duty disability pension established, as a matter of law, that the February 24, 2013,

incident caused Mr. Cronin’s catastrophic injury and therefore Mr. Cronin met the criteria for an

award of benefits found in section 10(a) of the Benefits Act. The court then considered whether

Mr. Cronin had also met the additional requirement, under section 10(b) of the Benefits Act, that

the catastrophic injury must have occurred “as a result of” one of four specific situations: “(1) a

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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.”

¶ 10 The court observed that Mr. Cronin argued in his motion for summary judgment that he

“reasonably believed” the incident on February 24, 2013, was “in response to an emergency,”

and the Village did not contest that issue. The court found that Mr. Cronin therefore also had met

the requirements of section 10(b) and held that he was entitled to health insurance benefits under

section 10 of the Benefits Act.

¶ 11 On August 11, 2017, the Village filed a motion for reconsideration, arguing that (1) the

court’s ruling was inconsistent with legal precedent construing section 10(b), as “no Illinois

appellate court has ever stated that the mere award of a line-of-duty disability pension forecloses

an employer from litigating whether a catastrophic injury was ‘caused’ by one of the four

elements found in Section 10(b) of the [Act]”; (2) the Pension Board’s findings should not be

accorded deference for purposes of section 10(b); and (3) that the Pension Board itself did not

find that Mr. Cronin’s disability was caused by the incident of February 24, 2013.

¶ 12 On January 4, 2018, the circuit court granted the Village’s motion for reconsideration and

vacated its order granting summary judgment in favor of Mr. Cronin. The court instructed both

parties to file briefs on the following issue: “what level of causation is required in establishing

‘as a result of’ to show a firefighter was responding to what was reasonably believed to be an

emergency under Section 10(b) of [the Act]?”

¶ 13 The parties filed the requested briefs. Both parties relied on extensive medical opinion

evidence. The Village insisted that Mr. Cronin had failed to present definitive medical evidence

establishing that his symptoms were a result of the February 24, 2013, incident. The circuit court

disagreed.

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2019 IL App (1st) 181163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cronin-v-village-of-skokie-illappct-2019.