Bahr v. The Bartlett Fire Protection District

              THIRD DIVISION
MAY 28, 2008
1-06-2253
STEVEN G. BAHR, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
)
v. ))
No. 04 CH 4075
THE BARTLETT FIRE PROTECTION DISTRICT, )
a Municipal Corporation, ) Honorable
) David R. Donnersberger,
Defendant-Appellee. ) Judge Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
The plaintiff, Steven G. Bahr, a firefighter employed by the defendant, Bartlett Fire
Protection District (defendant), suffered disabling injuries in 2000 while performing his job duties
and received disability benefits pursuant to the Public Employee Disability Act (Act) (5 ILCS
345/1(b) (West 2004)). The plaintiff returned to work after six months. In 2003, the plaintiff again
suffered disabling injuries while performing his job duties. The plaintiff later sought additional
benefits, and when those were denied, he filed a lawsuit in the circuit court of Cook County on
March 5, 2004. The trial court granted summary judgment for the defendant on two counts of the
plaintiff’s amended complaint and dismissed the remaining counts with prejudice. The plaintiff
timely appealed and raises the following issues: (1) whether the trial court erred in dismissing count
III of the amended complaint, thereby denying the plaintiff’s right to use the remaining six months
of disability benefits to which he was entitled for the injury sustained in 2000; (2) whether the trial
court erred in granting summary judgment for the defendant and against the plaintiff on the issue