Illinois Court of Claims Opinions
Line of Duty Compensation
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Rose F. Wenzel v. State of Illinois

28 Ill. Ct. Cl. 415 Illinois Court of Claims Filed 1973-04-26 No. 00033
Disposition: (No. 00033-Claimant awarded $10,000.00.) Award: $10,000.00 Agency: City of Chicago Police Department
Cite as: Rose F. Wenzel v. State of Illinois, 28 Ill. Ct. Cl. 415 (1973)
Line of Duty Compensation 28 awarded 1970s Rose F. Wenzel v. State of Illinois 28 Ill. Ct. Cl. 415 1973-04-26 (No. 00033-Claimant awarded $10,000.00.) /opinions/v28-p0432-1/

ROSE F. WENZEL, as wife of ROBERTF. WENZEL, deceased, Claim- ant, os. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, the wife of a deceased police officer, sought benefits under the Law Enforcement Officers and Firemen Compensation Act after her husband was fatally shot in the line of duty. The court found the death occurred within the scope of his duties and awarded $10,000.

Claim type: Line Of Duty Death

Statutes cited: Ch. 48, Sec. 281 et seq., Ill. Rev. Stat., 1971; Section 282(e)

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. LAW ENFORCEMENT OFFICERS AND FIREMEN COMPENSATION Am- Where Attorney General’s investigation determines that claim is within the scope of Act claim will be allowed.

This claim was filed pursuant to Ch. 48, See. 281 et seg., ZZZ.Rev.Stut., 1971, “Law Enforcement Officers and Firemen Compensation Act”. The Court is in receipt of the Application for Benefits and Statement of Supervising Officer, as well as an investigative report by the Illinois Attorney General’s office. Based upon these documents the Court finds as follows: That the claimant, ROSE F. WENZEL, is the wife of the decedent and is the named beneficiary under the Application for Benefits. That the decedent, ROBERT F. WENZEL, was a patrolman for the traffic division-Area No. 6, by the City of Chicago Police Department engaged in the scope of his duties on January 19, 1973, within the meaning of Section 282 of the aforecited act. On said date he was fatally shot three times after stopping a vehicle with two occupants, apparently for a traffic violation. Officer Wenzel’s death was clearly as a result of bullet wounds to the back, [*416] neck, and head. The Court further finds that the Attorney General’s office in its investigation has determined that this claim is within the scope of the above cited statutes:

“Section 282(e) ‘killed in the line of duty’ means losing one’s life as a result of injury received in the active performance of duties as a law enforcement officer or fireman if the death occurs within one year from the date the injury was received and if that injury arose from violence or other accidental cause. . . ” IT IS HEREBY ORDERED that the sum of $10,000 (TEN THOUSAND DOLLARS) be, and the same here is, granted to ROSE F. WENZEL, as wife and next of kin of the decedent, ROBERT F. WENZEL.

Official volume 28 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1972–June 30, 1973)  ·  All opinions in this volume  ·  Also on CourtListener

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