In re APPLICATION OF LANA BERG.
Case summary
Claimant sought an award as the widow of firefighter Terry K. Berg, who died from injuries received in a traffic accident while responding to a fire alarm. The court denied the claim because death occurred more than one year after the injury, as required by the Act.
Statutes cited: Ill. Rev. Stat. 1981, ch. 48, par. 281 et seq.; Ill. Rev. Stat. 1981, ch. 48, par. 282(e)
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Headnotes
- NEIL F. HARTIGAN, -Attorney General (K ATHLE EN O’BRIEN,Assistant Attorney General, of counsel), for Respondent. ~
- I L AW E NFORCEMENT OFFICERS AND FIREMEN C OMPENSATION Am-“killed in line of duty” defined. Killed in line of duty means losing one’s life as resiilt jI of injury received in active performance of duties as law enforcement officer or fireman if death occurs within one year from date the injury was received ! and if injury arose from violence or other accidental causes. I
- SAME-firefighter-accidental injury-death more than one year later- I
- claim denied. Firefighter’s widow was denied death benefits pursuant to I
- Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Mem- i bers, Paramedics and Firemen Compensation Act even though firefighter I was initially injured in traffic accident while responding to fire alarm, as his death due to those injuries occurred more than one year after the injury was I received. I
Claimant seeks an award as the widow and statutory beneficiary of firefighter Terry K . Berg, pursuant to the -provisions of the Law Enforcement Officers and Firemen Compensation ‘Act (hereinafter, the Act). Ill. Rev.
Stat. 1981, ch. 48, par. 281 et se9.
The Court has reviewed the Claimant’s application for benefits together with the written statement of the decedent’s supervising officer, the police reports, the coroner’s certificate. of death and the report of the Attorney General. From its consideration of these documents, the Court finds: Firefighter Terry K. Berg was involved in a traffic accident while responding to a fire alarm on July 14, 1981. He never recovered from the injuries received and [*371]
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subsequently died on June 3, 1983, due to a coronary I
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arrest as a consequence of brain damage. I In order for an award to be granted pursuant to the Act it must be shown that the law enforcement officer or I fireman was killed in the line of duty as defined in the Act. Section 2(e) of the Act (Ill. Rev. Stat. 1981, ch. 48, par. 282(e)) provides, in relevant part, that '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 I within one year from the date the injury was received and if that injury arose from violence or other accidental i ,, cause.
While it has been shown that the decedent's death 1 was accidentally caused by an injury received in the active performance of his duties as a fireman, the record indicates that his death did not occur within one year after the date the injury was received as required by the Act. Therefore, we find, regretfully, that this claim must be denied.
Based on the foregoing, it is hereby ordered that this claim be, and hereby is, denied.