(A) Whenever the President and Board of Trustees shall appropriate a sum or sums of money for the payment of medical care and hospital treatment in case of an accident resulting in an injury to or death of a fire officer (as defined in this section), employed by the Village while in the performance of his duties, in accordance with the provisions of an act of the General Assembly entitled “An Act authorizing cities and Villages to provide for the payment of allowances of money to the families or dependents of policemen and firemen killed or fatally injured while in the performance of their duties and authorizing such cities and Villages to provide medical care and hospital treatment in case of accident to policemen and firemen,” approved June 27, 1921, as amended, the same shall be paid, disbursed and recouped in accordance with the following provisions.
(B) The Committee on Finance of the Village Board of Trustees is authorized, directed and empowered to provide for payment for proper medical care and hospital treatment for injuries sustained by any fire officer (as defined in this section), while in the performance of his duties, and to that end may recommend to the Village Board of Trustees the authorization for payment of any such necessary expenses.
(C) It shall be the duty of the Fire Chief in the case of a fire officer (as defined in this section), upon the occurrence of any injury in the performance of duty, to have immediate medical care and hospital treatment given to such officer; to make or cause to be made a complete and careful investigation of all facts surrounding the occurrence; to obtain the statements of all material witnesses; and to present a report thereof without delay to the Committee on Finance for consideration and action thereon, which consideration shall include the determination by said committee as to whether or not such injury was occasioned by the negligence of any other person or by any agent or servant of such other person. Such report shall show the actual date and hour of the injury, the place of occurrence, the names and addresses of witnesses, and the apparent nature and extent of the injury. Such report shall also show all items of expense, with bills attached, together with a certificate by a doctor appointed by the Village as to the reasonableness of charges made for the services rendered, and the recommendation of the Fire Chief as to payment of such items of expense by the Village.
(D) In the event that the Committee on Finance is of the opinion, from all facts and circumstances presented to it in the said report or otherwise ascertained by it, that such injury was occasioned by the negligence of some other person, or by the negligence of any agent or servant of such other person, the Committee on Finance shall so notify the Corporation Counsel forthwith to demand from such other person reimbursement for the amount expended by the Village for the necessary medical care and hospital treatment of such officer, and in default of payment of such amount so expended, the corporation
counsel shall institute proceedings to recoup for the Village the amount so expended, as provided in the aforesaid act of the General Assembly.
(E) No payment shall be made under the provisions hereof unless satisfactory proof shall have been presented to said Committee on Finance that such injury was sustained by such fire officer while in the performance of his duty.
(F) FIRE OFFICER is defined, for purposes of this section only, as the Fire Chief, Captains, lieutenants, sergeants, and firefighter, regardless of gender.
(G) The ordinance codified in this section supersedes any prior ordinances passed by the President and Board of Trustees entitling fire fighters to Workers' Compensation benefits, and where any provision herein is found to be in conflict with any prior ordinance regarding the same, this section and its provisions shall prevail.
(H) No common law or statutory right to recover damages against the Village for injury or death sustained by any fire fighter while engaged in his line of duty other than the payment of the medical care and hospital treatment provided in this section shall be available to any fire fighter who is covered by the provisions of this section, or to anyone wholly or partially dependent upon such fire fighter or to the legal representative of the estate of such fire fighter, or to anyone who would otherwise be entitled to recover damages for such injury or death.
(1997 Code, § 5.20) (Ord. passed 5-13-1993)