In the Appellate Court of Illinois, First Judicial District, a lawsuit was filed by Eric J. Mertes and Kendra Mertes against The Village of Mt. Prospect (case ID: 1-22-1787 & 1-22-1790) on March 27, 2024. The case is an appeal from the Circuit Court of Cook County regarding health insurance benefits under the Public Safety Employee Benefits Act (820 ILCS 320/1 et seq.). In a related appeal, The Village of Mt. Prospect filed a lawsuit against Eric J. Mertes and Kendra Mertes. Both cases were presided over by Judge Thaddeus Wilson.
Eric J. Mertes worked as a firefighter and paramedic for The Village between 1997 and 2012, during which he suffered numerous back injuries while performing his duties. It is agreed that Mertes suffered at least 17 distinct injuries to his lower back between 1999 and 2012, resulting in significant lumbar disk herniation.
The issue in the first appeal by The Village of Mount Prospect is whether the hearing officer erred in concluding that Mertes's disability was due to injuries sustained while responding to emergencies, qualifying him for benefits under the Act, and whether the Village's obligation to pay Mertes's premiums attached when his injury was declared catastrophic. In the second appeal by Eric and Kendra Mertes, they question whether the Village's obligation to pay premiums under the Act is obviated by the availability of alternative insurance.
The plaintiffs are seeking judgment affirming that Eric J. Mertes qualifies for health insurance benefits under the Public Safety Employee Benefits Act due to his catastrophic disability incurred while performing his duties as a firefighter and paramedic.