From excerpts of the ChicagoTribune.com:
Earlier this year, a group of three appellate court judges began deliberating over a decision that could significantly impact the financial future of a Buffalo Grove firefighter's family. Kevin Hauber, a 51-year-old firefighter who tragically succumbed to colon cancer in January 2018, left behind his widow and four children. The case centers around whether his family should receive his full pension benefits, a decision originally made by the village’s Firefighters’ Pension Board in 2018 and later upheld by a Lake County Circuit Court judge.
The Village of Buffalo Grove has appealed this ruling to the Second District Appellate Court, arguing that granting the full 100% line of duty death pension benefit would set a potentially hazardous and costly legal precedent. According to the village’s legal team, the evidence required to classify Hauber’s death as a line of duty fatality wasn’t sufficiently met under state law. Village attorney Lisa Nichols emphasized that while Hauber had served honorably for 23 years, including responding to approximately 127 fire-related incidents, there was no concrete proof linking his colon cancer to occupational exposure to carcinogens or toxic smoke.
However, one of the attorneys representing the Hauber family countered that the job description for firefighters inherently involves exposure to such harmful substances. Appellate Justice Joseph Birkett noted during the hearing that the lower court had thoroughly examined Hauber’s medical records, finding no prior history of colon cancer in his family, a fact confirmed by genetic testing. Birkett pointed out that at just 51 years old, in good general health, and without any genetic predisposition, Hauber’s case presented a compelling argument for occupational risk. He also highlighted that the village’s official job descriptions acknowledge firefighters' exposure to toxic materials, and evidence showed that Hauber was indeed exposed to smoke and chemicals throughout his career.
Despite these arguments, the village’s position remains firm. They claim that Hauber’s family is still entitled to a surviving spouse benefit, equivalent to 75% of his final salary of $101,549, or $76,161 per year. However, the additional pension benefit of roughly $25,000 annually awarded by the Firefighters Pension Board—on the basis that his firefighting duties caused his fatal illness—remains contentious. The village estimates that if the full pension benefit stands, it could result in an extra $1.7 million in costs over time.
Throughout the legal proceedings, the village has maintained that Hauber never formally reported concerns about toxic chemical exposure during his service. This omission has been used to challenge the notion that his death qualifies as a line of duty fatality. As the judges weigh the arguments, the outcome carries implications not only for Hauber’s family but also for other firefighters and public safety workers across Illinois.
While the village acknowledges its responsibility to support Hauber’s family, it argues that upholding the full pension benefit could open the door to similar claims from others, straining local budgets. For now, the Hauber family awaits a decision that could either provide them with the financial security they need or leave them facing significant challenges ahead.
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