Preview
Hearing Date: 2/20/2024 9:30 AM
Location: Court Room 2502
Judge: Demacopoulos, Anna Helen
FILED
10/23/2023 2:16 PM
STATE OF ILLINOIS ) IRIS Y. MARTINEZ
CIRCUIT CLERK
) SS
COOK COUNTY, IL
COUNTY OF COOK )
FILED DATE: 10/23/2023 2:16 PM 2023CH08958
2023CH08958
Calendar, 13
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 24901362
COUNTY DEPARTMENT, CHANCERY DIVISION
DANIEL BALSIGER, )
)
Plaintiff, )
)
v. ) NO: 2023CH08958
)
VILLAGE OF BROOKFIELD, a )
municipal corporation, and MATTHEW )
ROSE, acting in his capacity as “Hearing )
Officer” for the Village of Brookfield, )
)
Defendants. )
COMPLAINT FOR JUDICIAL REVIEW
NOW COMES the Plaintiff, DANIEL BALSIGER, by and through his attorneys, EAMES
LAW GROUP, LTD., and for his COMPLAINT FOR JUDICIAL REVIEW against the
Defendants, VILLAGE OF BROOKFIELD, a municipal corporation, and MATTHEW ROSE,
acting in his capacity as “Hearing Officer” for the Village of Brookfield, states as follows:
(1) This is an action brought for judicial review of an administrative decision rendered by the
Village of Brookfield, a Municipal Corporation (hereinafter “Brookfield), and
MATTHEW ROSE, acting in his capacity as “Hearing Officer” for the Village of
Brookfield in the rendering of said administrative decision, (hereinafter “ROSE”).
(2) That at all times relevant to the subject Complaint, the Village was a municipal corporation
duly organized and existing under the laws of the State of Illinois.
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(3) That at all times relevant to this Complaint, and specifically on or about March 6, 2020,
the Plaintiff, DANIEL BALSIGER, was employed as a full-time firefighter/paramedic for
FILED DATE: 10/23/2023 2:16 PM 2023CH08958
the Village.
(4) That on March 6, 2020, white performing his duties as a firefighter/paramedic for the
Village, the Plaintiff suffered a catastrophic injury as the result of transferring a patient
down a flight of stairs in a stair chair with three other firefighter/paramedics.
(5) That as a result of the foregoing incident and catastrophic injuries, on or about March 3,
2023, the Plaintiff was awarded a line of duty disability pension by the Board of Trustees
of the Brookfield Firefighters’ Pension Fund pursuant to 40 ILCS 5/4-110.
(6) That at all times relevant herein, there was in full force and effect a statute known as the
“Public Safety Employee Benefits Act” 820 ILCS 320/10, et seq. (hereinafter “PSEBA”)
which provides certain benefits to full-time firefighter/paramedics who suffer catastrophic
injuries as a result of responding to what was reasonably believed to be an emergency.
(7) That pursuant to the provisions of 820 ILCS 320/10(b), on March 6, 2020, at the time the
Plaintiff suffered his catastrophic injuries resulting in the award of a line of duty disability
pension, he was responding to what was reasonably believed to be an emergency.
(8) That pursuant to the Village’s Ordinance No. #2021-13, the Village established certain
administrative procedures for assessing and determining claims under PSEBA.
(9) That pursuant to the requirements of the Village’s Ordinance No. #2021-13, the Plaintiff
timely submitted his application for benefits under PSEBA.
10) That pursuant to the provisions of the Village’s Ordinance No. #2021-13, in response to
the Plaintiff’s PSEBA application, the Village appointed the Defendant, ROSE, to act as
the Hearing Officer pertaining to the Plaintiff’s application for benefits under PSEBA.
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11) That following an administrative hearing pursuant to the provisions of the Village’s
Ordinance No. #2021-13, on September 29, 2023, the Defendant, ROSE, acting in his
FILED DATE: 10/23/2023 2:16 PM 2023CH08958
capacity as Hearing Officer for the Village of Brookfield, issued an administrative
determination of applicant’s eligibility for benefits under the Public Safety Employee
Benefits Act which determined that the Plaintiff was not eligible for PSEBA benefits. A
true and correct copy of the determination of applicant’s eligibility is attached hereto as
Exhibit “A.”
12) The Plaintiff seeks review of the decision of the Village and ROSE in this matter on the
basis that:
(a) The determination was clearly erroneous;
(b) The determination is contrary to the manifest weight of the evidence; and/or
(c) The decision is arbitrary and capricious.
13) The Defendants are requested to file an answer, consisting of the entire record of the
proceedings held before the administrative body, pertaining to the entry of said
administrative determination of applicant’s eligibility for benefits under the Public Safety
Employee Benefits Act. The Plaintiff specifically requests that the entire transcript of
evidence taken at any hearings held before the Village and/or ROSE, including any and all
documents, exhibits, motions, transcripts of testimony, and memorandums the Defendants
relied upon in rendering their decision, be filed by the Defendants as part of the record
herein.
WHEREFORE the Plaintiff respectfully requests that this court issue a Writ of Certiorari
in this cause requiring Defendants to file the record of all matters relating to this decision with the
Court; and that the Court review the decision of the Defendants and find that the final
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administrative decision be reversed, and for such other relief as this Honorable Court deems just
and proper.
FILED DATE: 10/23/2023 2:16 PM 2023CH08958
Respectfully submitted,
EAMES LAW GROUP, LTD.
By: /s/ Brent R. Eames
Attorney for Plaintiff,
DANIEL BALSIGER
EAMES LAW GROUP, LTD.
47 W. Polk Street, Ste. 301
Chicago, IL 60605
Phone: (312) 818-2855 / Fax: 312-380-0540
beames@eamesinjurylaw.com
COOK ID: 62717
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Preview
Hearing Date: 2/20/2024 9:30 AM Location: Court Room 2502 Judge: Demacopoulos, Anna Helen FILED 10/23/2023 2:16 PM STATE OF ILLINOIS ) IRIS Y. MARTINEZ CIRCUIT CLERK ) SS COOK COUNTY, IL COUNTY OF COOK ) FILED DATE: 10/23/2023 2:16 PM 2023CH08958 2023CH08958 Calendar, 13 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 24901362 COUNTY DEPARTMENT, CHANCERY DIVISION DANIEL BALSIGER, ) ) Plaintiff, ) ) v. ) NO: 2023CH08958 ) VILLAGE OF BROOKFIELD, a ) municipal corporation, and MATTHEW ) ROSE, acting in his capacity as “Hearing ) Officer” for the Village of Brookfield, ) ) Defendants. ) COMPLAINT FOR JUDICIAL REVIEW NOW COMES the Plaintiff, DANIEL BALSIGER, by and through his attorneys, EAMES LAW GROUP, LTD., and for his COMPLAINT FOR JUDICIAL REVIEW against the Defendants, VILLAGE OF BROOKFIELD, a municipal corporation, and MATTHEW ROSE, acting in his capacity as “Hearing Officer” for the Village of Brookfield, states as follows: (1) This is an action brought for judicial review of an administrative decision rendered by the Village of Brookfield, a Municipal Corporation (hereinafter “Brookfield), and MATTHEW ROSE, acting in his capacity as “Hearing Officer” for the Village of Brookfield in the rendering of said administrative decision, (hereinafter “ROSE”). (2) That at all times relevant to the subject Complaint, the Village was a municipal corporation duly organized and existing under the laws of the State of Illinois. 1 (3) That at all times relevant to this Complaint, and specifically on or about March 6, 2020, the Plaintiff, DANIEL BALSIGER, was employed as a full-time firefighter/paramedic for FILED DATE: 10/23/2023 2:16 PM 2023CH08958 the Village. (4) That on March 6, 2020, white performing his duties as a firefighter/paramedic for the Village, the Plaintiff suffered a catastrophic injury as the result of transferring a patient down a flight of stairs in a stair chair with three other firefighter/paramedics. (5) That as a result of the foregoing incident and catastrophic injuries, on or about March 3, 2023, the Plaintiff was awarded a line of duty disability pension by the Board of Trustees of the Brookfield Firefighters’ Pension Fund pursuant to 40 ILCS 5/4-110. (6) That at all times relevant herein, there was in full force and effect a statute known as the “Public Safety Employee Benefits Act” 820 ILCS 320/10, et seq. (hereinafter “PSEBA”) which provides certain benefits to full-time firefighter/paramedics who suffer catastrophic injuries as a result of responding to what was reasonably believed to be an emergency. (7) That pursuant to the provisions of 820 ILCS 320/10(b), on March 6, 2020, at the time the Plaintiff suffered his catastrophic injuries resulting in the award of a line of duty disability pension, he was responding to what was reasonably believed to be an emergency. (8) That pursuant to the Village’s Ordinance No. #2021-13, the Village established certain administrative procedures for assessing and determining claims under PSEBA. (9) That pursuant to the requirements of the Village’s Ordinance No. #2021-13, the Plaintiff timely submitted his application for benefits under PSEBA. 10) That pursuant to the provisions of the Village’s Ordinance No. #2021-13, in response to the Plaintiff’s PSEBA application, the Village appointed the Defendant, ROSE, to act as the Hearing Officer pertaining to the Plaintiff’s application for benefits under PSEBA. 2 11) That following an administrative hearing pursuant to the provisions of the Village’s Ordinance No. #2021-13, on September 29, 2023, the Defendant, ROSE, acting in his FILED DATE: 10/23/2023 2:16 PM 2023CH08958 capacity as Hearing Officer for the Village of Brookfield, issued an administrative determination of applicant’s eligibility for benefits under the Public Safety Employee Benefits Act which determined that the Plaintiff was not eligible for PSEBA benefits. A true and correct copy of the determination of applicant’s eligibility is attached hereto as Exhibit “A.” 12) The Plaintiff seeks review of the decision of the Village and ROSE in this matter on the basis that: (a) The determination was clearly erroneous; (b) The determination is contrary to the manifest weight of the evidence; and/or (c) The decision is arbitrary and capricious. 13) The Defendants are requested to file an answer, consisting of the entire record of the proceedings held before the administrative body, pertaining to the entry of said administrative determination of applicant’s eligibility for benefits under the Public Safety Employee Benefits Act. The Plaintiff specifically requests that the entire transcript of evidence taken at any hearings held before the Village and/or ROSE, including any and all documents, exhibits, motions, transcripts of testimony, and memorandums the Defendants relied upon in rendering their decision, be filed by the Defendants as part of the record herein. WHEREFORE the Plaintiff respectfully requests that this court issue a Writ of Certiorari in this cause requiring Defendants to file the record of all matters relating to this decision with the Court; and that the Court review the decision of the Defendants and find that the final 3 administrative decision be reversed, and for such other relief as this Honorable Court deems just and proper. FILED DATE: 10/23/2023 2:16 PM 2023CH08958 Respectfully submitted, EAMES LAW GROUP, LTD. By: /s/ Brent R. Eames Attorney for Plaintiff, DANIEL BALSIGER EAMES LAW GROUP, LTD. 47 W. Polk Street, Ste. 301 Chicago, IL 60605 Phone: (312) 818-2855 / Fax: 312-380-0540 beames@eamesinjurylaw.com COOK ID: 62717 4