Richter v. Village of Oak Brook

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2011 IL App (2d) 100114 No. 2-10-0114 Opinion filed September 23, 2011 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ FRANK H. RICHTER, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellant, ) ) v. ) No. 04-MR-551 ) VILLAGE OF OAK BROOK, ) Honorable ) Kenneth L. Popejoy, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices McLaren and Hudson concurred in the judgment and opinion. OPINION ΒΆ1 The plaintiff, Frank Richter, was a firefighter employed by the fire department of the defendant, the Village of Oak Brook. He sustained certain injuries and developed certain conditions related to his job, and filed several workers compensation claims relating to those injuries and conditions. He and the defendant settled his workers compensation claims, and the pension board awarded him a line-of-duty disability pension. The plaintiff then filed suit against the defendant to have his health insurance premiums paid under the Public Safety Employee Benefits Act (820 ILCS 320/10 (West 2002)), and for certain other benefits under the Public Employee Disability Act (5 ILCS 345/1(b) (West 2002)). The trial court entered judgment in favor of the defendant on those claims, and the plaintiff appealed. We reverse and remand.

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