Gaffney v. ORLAND FIRE PROTECTION

921 N.E.2d 778, 397 Ill. App. 3d 679
CourtAppellate Court of Illinois
DecidedDecember 24, 2009
Docket1-09-0046
StatusPublished
Cited by8 cases

This text of 921 N.E.2d 778 (Gaffney v. ORLAND FIRE PROTECTION) 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
Gaffney v. ORLAND FIRE PROTECTION, 921 N.E.2d 778, 397 Ill. App. 3d 679 (Ill. Ct. App. 2009).

Opinions

JUSTICE McBRIDE

delivered the opinion of the court:

Plaintiff Michael J. Gaffney filed a two-count complaint against the defendants, the Board of Trustees of the Orland Fire Protection District, president Patrick Maher, secretary Patricia Corcoran, and the Orland Fire Protection District (collectively, the District), seeking a declaratory judgment to compel the payment of plaintiffs health coverage benefits in accordance with section 10 of the Public Safety Employee Benefits Act (the Act) (820 ILCS 320/10 (West 2006)) and, in the alternative, for review under the Administrative Review Law (735 ILCS 5/3—101 et seq. (West 2006)) of the District’s denial of his application for health coverage benefits under the Act. The trial court dismissed the declaratory judgment count in June 2008, and later in December 2008, the court considered plaintiffs remaining count under a common law writ of certiorari and affirmed the District’s denial of plaintiffs application.

Plaintiff appeals, arguing that (1) the District’s consideration of plaintiffs request for payment of his health insurance premiums pursuant to section 10 violated the terms of section 20 of the Act (820 ILCS 320/20 (West 2006)), which does not permit a home rule unit to provide benefits in a manner inconsistent with the Act and acts as a limitation on the home rule unit’s powers under the Illinois Constitution; and (2) plaintiffs injury during a training exercise fire occurred during his response to what he reasonably believed was an emergency under section 10(b) of the Act (820 ILCS 320/10(b) (West 2006)).

Plaintiff was hired by the District as a firefighter and paramedic in May 1994. On July 27, 2005, plaintiff responded to a live-fire training exercise. His superior instructed plaintiff to treat the exercise as though it were an actual emergency call. Plaintiffs crew responded with lights and sirens running on the truck. Plaintiffs crew was told to rescue a “dummy” victim from the fire and to advance the fire hose into the building to contain the fire. Plaintiff donned full fire protection gear, including a breathing apparatus, and entered the building. The building was full of smoke with little to no visibility. Plaintiff found and removed the dummy victim on the second floor. Plaintiff and his crew also worked to advance a hose line through the building. After removing the dummy victim, they continued up to the third floor, where the fire was to be extinguished. The hose became entangled with an unseen object and plaintiff followed the hose line back to the obstruction. The hose was wrapped around a love seat and plaintiff used his dominant left arm to move the love seat to free the hose. When plaintiff moved the love seat, he severely injured his left shoulder. Plaintiff continued to participate in the exercise for a little while, but eventually stopped due to his injury. After plaintiffs injury, the training exercise ended. Plaintiff was later transported to the hospital. Except for light duty, plaintiff has not returned to work for the District since that day.

Following his injury, plaintiff applied for a line-of-duty disability pension from the District, which was granted in April 2007. Also in April 2007, plaintiff applied to the District to receive health coverage benefits under the Act. The Act allows emergency service personnel, including firefighters, and their families to continue receiving health benefits following a catastrophic injury or death that occurred while engaged in specified aspects of their job, such as when the firefighter was responding to what he or she reasonably believed was an emergency. See 820 ILCS 320/10 (West 2006). The District passed an ordinance directing the procedure for its firefighters to apply for these benefits under the Act. Plaintiffs application was continued to a special meeting of the District in May 2007. Although the ordinance does not require a hearing, plaintiff was permitted to present his case for benefits under the Act with his attorney at this meeting. After reviewing plaintiffs application and the facts of the case alongside the requirements of the Act, the board of trustees denied plaintiffs application, finding that plaintiff was not responding to what he reasonably believed was an emergency at the time of his injury.

In July 2007, plaintiff filed a complaint against the District in the circuit court for declaratory judgment, and in the alternative, for review of the District’s denial of his application under the Administrative Review Law. The District moved to dismiss plaintiffs complaint pursuant to section 2—615 of the Code of Civil Procedure (735 ILCS 5/2—615 (West 2006)). In June 2008, the trial court granted the District’s motion as to count I (declaratory judgment). The court also held that the Act did not expressly adopt the Administrative Review Law, and therefore, it did not apply. The court stated that it would consider plaintiffs remaining count as a petition for a common law writ of certiorari.

In December 2008, following briefing and arguments, the trial court affirmed the District’s denial of plaintiffs application for health coverage benefits under the Act. The court found:

“The plain meaning of the phrase, ‘response to what is reasonably believed to be an emergency,’ does not include participation in a training exercise, particularly where, as here, Plaintiff and his crew were given instructions prior to the start of the exercise. Read as a whole, the statute covers situations in which emergency response personnel are injured or killed while performing the very services they are charged with performing. Training exercises, although valuable as an educational tool to prepare officers and firefighters for the types of events they are expected to handle, are not responses to fresh pursuit or to what is reasonably believed to be an emergency, under any plain reading of the statute.
There was nothing unexpected about Plaintiffs ‘response’ to the call that began the exercise. Although the exercise was undeniably dangerous and presented certain unknown difficulties (as expected in any such exercise), danger and unknowns are not sufficient to constitute an emergency as that term is used in [the Act]. Plaintiff admits that his crew was instructed to treat the exercise as an actual call. Plaintiff and his crew therefore knew that the exercise was not an emergency, or even a false alarm. As a matter of law, Plaintiff could not have reasonably believed he was responding to an emergency.” (Emphasis in original.)

This appeal followed.

On appeal, plaintiff argues that (1) the District was not permitted to pass an ordinance outlining a process for plaintiff to apply for benefits and its consideration of said application was not authorized under the Act; and (2) plaintiffs injury occurred during his response to what he reasonably believed was an emergency.

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2014 IL App (1st) 123402 (Appellate Court of Illinois, 2014)
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Lemmenes v. Orland Fire Protection District
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Gaffney v. ORLAND FIRE PROTECTION
921 N.E.2d 778 (Appellate Court of Illinois, 2009)

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Bluebook (online)
921 N.E.2d 778, 397 Ill. App. 3d 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaffney-v-orland-fire-protection-illappct-2009.