IRENE E. GIPSON, widow of RICHARD F. GIPSON, deceased, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation under the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics & Firemen Compensation Act for the death of her husband, a police officer who died from a heart attack during a struggle with a suspect. The court found the stress of duty caused the death and awarded $20,000 to be split between the widow and daughter as designated beneficiaries.
Statutes cited: Ill. Rev. Stat., ch. 48, par. 281 et seq.
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Headnotes
- TYRONE C. FAHNER, Attorney General (FRANCIS M. DONOVAN, Assistant Attorney General, of counsel), for Respondent.
- LAW ENFORCEMENT OFFICERS AND FIREMEN COMPENSATION Am- award granted for death of police officer who suffered heart attack while struggling with offenders. The claim filed by the surviving spouse of a police officer who suffered a fatal heart attack while subduing alleged offenders was granted, as the evidence established that the heart attack was caused by stress related to the performance of his duties as a police officer.
- SAME-aWard distributed to beneficiaries named on f o r m signed b y decedent. The award of benefits under the Law Enforcement Officers and Firemen Compensation Act was distributed to the beneficiaries named in the form which was signed by the deceased officer, notwithstanding the claim of the suiviving spouse that she was the designated beneficiary, as no copy of such a beneficiary form was found.
This claim arises out of the death of Richard F. Gipson, an officer with the City of Chicago Police Department. The decedent’s widow seeks compensation pursuant to the provisions of the “Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics & Firemen Compensation Act” (the “Act”), Ill. Rev. Stat., ch. 48, par. 281, et se9. The verified application for benefits shows that Irene Gipson was married to the decedent at the time of his death.
On February 4, 1981, Officer Gipson reported for duty at 7:OO a.m. at O’Hare Field. At approximately 11:30 a.m. that morning, he was requested to aid in the investigation of a possible theft by fraud in the purchase of two airline tickets. After sufficient facts had been elicited to show the existence of a fraud, one of the alleged offenders attempted to destroy evidence and Officer Gipson intervened. In the ensuing struggle, the officer was knocked to the ground where he remained during the apprehension of the alleged offenders. Efforts to revive Gipson by emergency medical personnel failed.
He was pronounced dead by Dr. Ney at Resurrection Hospital in Chicago.
The certificate of death by the Cook County Medical Examiner listed the cause of death as: “Occlusive coronary atherosclerotic heart disease in association with stress.” (Emphasis added) [*308] This court has on many prior occasions reviewed applications for benefits where the decedent died from heart related maladies while on duty. Each case has been decided on its own merits with the significant factor being the nexus between the duties being performed at the time and the ensuing heart condition. There is no hard and fast rule that can be laid down for these types of cases.
In the instant case, however, the facts are clear that the stress mentioned in the certificate of death are those peculiar to a law enforcement officer's performance of his duties. The decedent, unlike the average person, had a duty inherent in his job to prevent the destruction of evidence. In the active performance of that duty, Officer Gipson died.
Therefore, we hold that this application falls within the parameters of the Act and an award should be entered.
The remaining consideration involves who should receive the benefits. In her application, the widow indicates that she was the designated beneficiary of her husband. However, no copy of the designation of beneficiary form was attached to the application. In his report, the Attorney General has indicated that Officer Gipson had designated his wife and daughter as cobeneficiaries to share equally under the Act. The designation form attached to the report is dated January 8, 1970 and appears to have been signed by Officer Gipson.
Based on the aforesaid facts, this court will award the benefits as desired by the decedent.
It is therefore ordered that $20,000.00 be, and the same hereby is, awarded to the following persons in the amounts indicated pursuant to the Act and the expressed wishes of the decedent: [*309]