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In re Kay F. Clay

35 Ill. Ct. Cl. 417 Illinois Court of Claims Filed 1982-04-05 No. 82-CC-2054
Disposition: (No. 82-CC-2054-Claimant awarded $20,000.00.) Award: $20,000.00 Agency: Chicago Police Department
Cite as: In re Kay F. Clay, 35 Ill. Ct. Cl. 417 (1982)
General Court of Claims 35 awarded 1980s In re Kay F. Clay 35 Ill. Ct. Cl. 417 1982-04-05 (No. 82-CC-2054-Claimant awarded $20,000.00.) /opinions/v35-p0574-1/

In re APPLICATION OF KAY F. CLAY.

Case summary

The claimant, widow of a Chicago police officer who died from a pulmonary embolism after a knee injury sustained while attempting to arrest a suspect, sought compensation under the Law Enforcement Officers, Civil Defense Members, Civil Air Patrol Members, Paramedics and Firemen Compensation Act. The court found the death compensable under the Act and awarded $20,000.

Claim type: Line Of Duty Death

Statutes cited: Ill. Rev. Stat. 1979, ch. 48, par. 281 et se9.

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Headnotes

  1. TYRONE C. FAHNER, Attorney General (A NDREW R. JARETT, Assistant Attorney General, of counsel), for Respondent.
  2. L AW ENFORCEMENT OFFICERS AND FIREMEN COMPENSATION Am-injury while making arrest-blood clot-award granted. Widow of police officer was granted award based on showing that officer injured knee while attempting to effectuate arrest and died of blood clot after undergoing surgery for the knee injury, as the Law Enforcement Officers and Firemen Compensation Act is intended to provide compensation for those performing services on behalf of public and the deceased officer was killed in furtherance of official duties.

This claim arises out of the death of Edgar A. Clay, Jr., a member of the Chicago Police Department. The decedent’s widow seeks compensation pursuant to the provisions of the Law Enforcement Officers, Civil Defense Members, Civil Air Patrol Members, Paramedics and Firemen Compensation Act (the Act). (Ill. Rev. Stat. 1979, ch. 48, par. 281 et se9.) The Claimant is the widow of the decedent as indicated by the verified application for benefits and a copy of the medical examiner’s certificate of death attached to said application.

On January 7, 1982, the decedent was on duty at Hyde Park High School, 6220 Stoney Island Avenue, Chicago. Sometime in the afternoon Officer Clay observed a suspect wanted for armed robbery. Officer Clay attempted to effectuate an arrest, but the suspect resisted, causing the officer to fall to the floor, where Officer Clay sustained a broken knee cap. During this occurrence several other school personnel arrived and held the suspect until help arrived.

[*418] Due to the knee injury sustained during the attempted arrest, Officer Clay underwent extensive knee surgery.

Officer Clay was at home recuperating when a blood embolism developed that traveled to the heart, causing death. The medical examiner’s certificate of death, attached to the verified appIication for benefits, was signed by Dr. Tae Lyong An, on January 26, 1982, and indicates that the cause of death was a massive bilateral pulmonary embolism in association with the recent leg injury.

The Act is concerned with providing additional compensation to those certain members of the public who perform services on behalf of governmental agencies which benefit the public as a whole. Here Officer Clay was killed in the furtherance of his official duties, helping to protect the public. Under these circumstances, we find this claim is compensable under the Act.

It is hereby ordered that the sum of $20,000 (twenty thousand dollars and no cents) be, and hereby is awarded to Kay F. Clay, widow of Edgar A. Clay, Jr., decedent.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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