Illinois Court of Claims Opinions
Line of Duty Compensation
Download PDF

In re Betty F. Pine

33 Ill. Ct. Cl. 306 Illinois Court of Claims Filed 1979-07-09 No. 00086
Disposition: (No. 00086-Claim denied.) Agency: Illinois Attorney General's Office
Cite as: In re Betty F. Pine, 33 Ill. Ct. Cl. 306 (1979)
Line of Duty Compensation 33 denied 1970s In re Betty F. Pine 33 Ill. Ct. Cl. 306 1979-07-09 (No. 00086-Claim denied.) /opinions/v33-p0382-1/

In re APPLICATION OF BETTY F. PINE.

Case summary

The claimant sought compensation as beneficiary of her husband, an investigator who died of a brain hemorrhage, under the Law Enforcement Officers and Firemen Compensation Act. The court denied the claim because the decedent was not a law enforcement officer as defined by the Act and his death did not result from injury received in the line of duty.

Claim type: Line Of Duty Death

Statutes cited: Ill. Rev. Stat. 1977, ch. 48, par. 281 et seq.; Ill. Rev. Stat. 1977, ch. 48, par. 282(a); Ill. Rev. Stat. 1977, ch. 48, par. 282(e)

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

Headnotes

  1. WILLIAM J. SCOTT, Attorney General (FRANCIS M. DONOVAN, Assistant Attorney General, of counsel), for Respondent.
  2. LAW ENFORCEMENT OFFICERS AND FIREMEN COMPENSATION Am- death not compensable, The death of an investigator for the Attorney General’s office was not compensable where decedent was not a law enforcement officer and his death, which resulted from a brain hemorrhage, did not arise from violence or accidental cause.

This claim arose from the death of an investigator employed by the Consumer Fraud Division of the Illinois Attorney General’s office in Springfield, Illinois. The Claimant seeks payment of compensation as the decedent’s beneficiary pursuant to the provisions of the “Law Enforcement officers and Firemen Compensation Act,” (hereafter, the Act). Ill. Rev. Stat. 1977, ch. 48, par. 281 et se9.

The Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Attorney General, a written statement of the decedent’s supervising officer, and a report by the Illinois Attorney General’s office. Based upon these documents, the Court finds as follows:

1. That the Claimant, Betty F. Pine, is the wife of the decedent, and in the absence of a designated beneficiary, section 3(a) of the Act provides that any award hereunder shall be paid to the surviving widow.

2. That the decedent, John R. Pine, Jr., was an investigator in the Consumer Fraud Division, and, in the Special Prosecution Unit of the Office of the Attorney General in Springfield, Illinois, and was so employed on April 28, 1975.

3. That on said date, decedent had commenced work at 9:00 a.m. The statement of the supervising officer of the decedent indicates that he had been assigned to investigate a murder case and an automobile theft ring case. His investigations entailed intensive work which led to many hours of uncompensated overtime. Investigation showed that Mr. Pine became ill at his desk and had told fellow employees that he had experienced a sharp pain in his head. No injury, however, was suffered by the deceased in the office of the Attorney General on [*308] this date. He was taken to the hospital in a private car, and while enroute it was noted that his speech became extremely slurred. His death followed on April 30, 1975. The medical certificate of death shows that the immediate cause of death was a hemorrhage in the left frontal lobe of the brain.

4.That decedent, as an investigator for the Attorney General’s office, was not a “law enforcement officer” as defined by section 2(a) of the Act. 111. Rev. Stat. 1977, ch. 48, par. 282(a).

5. That the death of John R. Pine, jr. did not stem from circumstances which involved loss of life as a result of injury received by a law enforcement officer. Furthermore, injury which led to the death of the deceased did not arise from violence or accidental cause. Therefore, Mr. Pine was not “killed in the line of duty” as defined in section 2(e) of the Act.

We find, therefore:

(a) that Mr. Pine was not a law enforcement officer as defined in section 2(a) of the Act.

(b) that the decedent was not killed in the line of duty as defined in section 2(e) of the Act; and

( c )that the proof submitted in support of this claim does not satisfy the requirements of the Act, and the claim is therefore not compensable thereunder.

It is hereby ordered that the claim of Betty F. Pine, as wife of the deceased investigator, John R. Pine, Jr., be denied.

Official volume 33 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1980 – July 1, 1979–June 30, 1980)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.