Wilczak v. Village of Lombard
2016 IL App (2d) 160205
| Ill. App. Ct. | 2017Background
- Firefighter Kenneth Wilczak injured his shoulder on Aug. 15, 2009 while lifting a disabled resident (multiple sclerosis) from the floor into bed during an ambulance call; complications ended his ability to work.
- Wilczak was later granted a line-of-duty disability pension (treated as a "catastrophic injury") by the Lombard Firefighter’s Pension Fund.
- He sought continuing health-insurance premium payments under the Public Safety Employee Benefits Act, §10, which covers catastrophic injuries "occurring as the result of...response to what is reasonably believed to be an emergency."
- Dispatch and departmental records classified the call as an "invalid assist" (priority 2, non–life-threatening) and described the need as "needs help into bed—has MS;" DuComm protocol requires dispatchers to verify that an invalid assist is not a medical emergency.
- At the scene Wilczak and a crewmate assessed the patient and determined he was not injured; they nevertheless lifted him onto the bed, during which Wilczak felt immediate shoulder pain.
- Trial court granted summary judgment for the Village; on appeal Wilczak argued his injury occurred in response to what he reasonably believed to be an emergency under §10(b). The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wilczak’s catastrophic injury occurred "in response to what is reasonably believed to be an emergency" under 820 ILCS 320/10(b) | Wilczak contends the 911 dispatch and the patient’s condition made a reasonable firefighter believe an emergency existed and that moving the patient was part of that emergency response | Village argues the dispatch and DuComm protocols showed the call was an "invalid assist" (non–life-threatening); on arrival Wilczak learned the patient was not injured and no imminent danger existed | Held for Village: subjective belief insufficient where objective indicators (dispatch classification, policies, on‑scene assessment) show no unforeseen circumstance or imminent danger; injury did not occur in response to a reasonable belief of an emergency |
Key Cases Cited
- JPMorgan Chase Bank, N.A. v. Earth Foods, Inc., 238 Ill. 2d 455 (establishing Illinois summary judgment standard)
- Gaffney v. Board of Trustees of the Orland Fire Protection District, 2012 IL 110012 (defining "emergency" under §10(b) as an unforeseen circumstance involving imminent danger requiring urgent response)
- Village of Vernon Hills v. Heelan, 2015 IL 118170 (an injury resulting in a line‑of‑duty disability pension is a catastrophic injury as a matter of law)