Wednesday, August 24, 2016

MN Work Comp Permanent Partial Disability (PPD) Benefits

Permanent partial disability (PPD) is a Minnesota workers’ compensation benefit that is payable for the permanent functional loss of use of a body part due to a work-related injury.
Once you have reached Maximum Medical Improvement (MMI), if you have a permanent injury, your doctor may assign you a permanent partial disability rating.

Your doctor will refer to the permanent partial disability guidelines developed by the Department of Labor and Industry, under Chapter 5223 of the administrative rules. The percentage rating you are assigned is then multiplied by a dollar figure set by the Minnesota Legislature to determine the amount of your permanent partial disability benefit. For example, if you’ve sustained a herniated disc in your lumbar spine, and you’ve been assigned a 10% permanent partial disability rating, the benefit owed to you would be $8,000.00.

Permanent partial disability benefits are payable on the same schedule that you have received temporary total disability (TTD) wage loss benefits, or at the same time that you receive temporary partial disability (TPD) wage loss benefits. You also have the right to request that the permanent partial disability (PPD) benefits be paid as a single lump sum payment. Note that if you request a single lump sum payment of your PPD benefit, the workers’ compensation insurer can take a present value discount of up to 5% of the lump sum. For example, if you’ve been assigned a 10% PPD rating, your PPD benefit would be $8,000.00. If your weekly temporary total disability (TTD) benefit was $800.00 per week, the insurer will pay your PPD benefit weekly at a rate of $800.00 per week for 10 weeks until your PPD benefit has been paid in full. Alternatively, you can request that the $8,000.00 be paid in a single lump sum.

If there is no dispute as to the amount of your permanent partial disability benefit, the insurer should make the lump sum payment or begin making periodic payments as soon as your temporary total disability benefits cease, and as soon as the rating is determined. If there is a dispute regarding the amount of the PPD benefits you’re owed, the insurer is still supposed to pay at least a minimum lump sum payment or begin making periodic payments, at least to the extent that your benefit is undisputed. For example, if your own doctor assigned you a PPD rating of 10%, but the workers’ compensation insurance company takes the position that your PPD rating should only be 6%, they should begin paying the undisputed portion of your benefit – the 6%, while you proceed through the dispute process to establish your entitlement to the additional permanent partial disability benefit. This doesn’t always happen in practice, though. If there is a dispute regarding the amount you are owed for PPD, it is not uncommon for the insurer to refuse to pay anything, even though they acknowledge that they owe you at least something. A Minnesota workers' compensation attorney can assist you with getting a settlement of the PPD benefits you are owed.

Disputes regarding Minnesota workers’ compensation permanent partial disability (PPD) benefits are common. For example, some issues that commonly arise regarding PPD benefits include the following:

  • Your doctor never assigns a permanent partial disability rating, and the insurer never seeks to obtain a rating, even though your injury obviously warrants the payment of PPD benefits.
  • You are assigned a rating, but the insurer simply “forgets” to make payment.
  • The insurer argues that your condition is partially due to a pre-existing condition, and reduces or refuses to pay the full amount of the PPD rating assigned to you.
  • Your doctor assigns a rating, and the insurer takes the position that the rating should be lower.
  • Your doctor assigns a rating, and the insurance company doctor (IME) assigns a different rating. The insurer will almost always pay the lower of the two ratings.
  • The insurer argues that your doctor assigned you the wrong rating under the schedules.
  • The insurer may dispute the precise diagnosis, and therefore, which PPD schedule applies to your condition.
  • If you have PPD ratings for multiple body parts injured as a result of the same work-related injury, the insurer may improperly combine the ratings, resulting in an overall lower PPD rating.
  • If you have a condition that is due to a combination of more than one work-related injury, there may be a dispute between two or more insurance companies as to which one is responsible for paying the benefit.

We regularly review the files of injured workers who don’t think they are owed any additional workers’ compensation benefits, only to discover that the workers’ compensation insurer either failed to pay PPD benefits, or underpaid those benefits.

If you have a permanent injury contact Meuser Law Office, P.A. at 1-877-746-5680 for a free, no-obligation consultation with one of our experienced attorneys. Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters with permanent injuries throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today at 1-877-746-5680.

Jennifer Yackleyby Jen Yackley
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Monday, August 15, 2016

Meet Mary Beth Boyce

My name is Mary Beth Boyce, I am an attorney at Meuser Law Office, P.A. and I practice in workers’ compensation, PERA/MSRS Duty Disability benefits and personal injury. I have been practicing at Meuser Law Office since 2013. I attended Creighton University in Omaha, Nebraska for my undergraduate and then I went to the University of St. Thomas for law school.



I really enjoy practicing work comp and PERA as well as personal injury, I especially enjoy representing police officers and firefighters. One of my grandfathers was a firefighter for the city of Chicago, and my other grandfather was a police officer for the city of Chicago. It’s funny thinking back to all their stories of being injured on the job and what I know now about work comp and pensions in the state of Minnesota that their stories just have a different meaning for me. I think they would have like to have known that I have represented a lot of police officers and firefighters in my career.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA/MSRS Duty Disability benefits and Healthcare Continuation benefits under Minnesota Statute §299A.465. Call us today at 1-877-746-5680.

Mary Beth Boyceby Mary Beth
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Thursday, August 4, 2016

I Am a Firefighter with Cancer. Am I Covered Under Workers' Compensation?

The Minnesota Workers' Compensation Act provides financial relief to employees who are injured during the course and scope of their employment. But not all work injuries are what we define in workers' compensation law as “specific injuries”. These are obvious injuries that occur on the job, such as a piano dropping on your foot. A worker who suffers from an occupational disease or a chronic illness arising out of his or her employment is also protected under the Minnesota Worker's Compensation Act.

At Meuser Law Office, P.A., we have represented workers who have developed occupational diseases as a result of their work-related exposures. These clients have included firefighters who developed cancer because of the hazards that they faced. Significant evidence indicates that firefighters have 2 times the incidence for brain cancer, 2 times the incidence for liver cancer, 2.8 times the incidence for colon and rectal cancer, 2.5 to 3 times the incidence for bladder cancer, a higher incidence for non-Hodgkin's lymphoma, and a higher incidence for urinary cancer. In fact, many fire departments are recognizing these dangers and are taking steps to prevent more firefighters from developing cancer. For example, stricter procedures for washing out gear, better ventilation in the garage where the trucks are parked, and a push for awareness in the community.

Firefighters are regularly exposed to a variety of dangerous carcinogens and chemicals. The Minnesota legislature recognizes these heightened dangers are specific to firefighters and put in place additional laws for firefighters under Minnesota Statute 176.011 Subd. 15 (c), which states in relevant part:

"A firefighter on active duty with an organized fire department who is unable to perform duties in the department by reason of a disabling cancer caused by exposure to heat, radiation, or a known or suspected carcinogen, as defined by the International Agency for Research on Cancer, and the carcinogen is reasonably linked to the disabling cancer, is presumed to have an occupational disease."

This statute means that if a firefighter develops a type of cancer caused by a carcinogen to which firefighters are regularly exposed then the disease is presumed to have arisen out of the employment. This statute shifts the burden of proof to the employer to prove the cancer is not causally related. Usually in workers’ compensation, the injured worker has the “burden of proof” to demonstrate under the standard, by a preponderance of the evidence, that the injury is causally linked to the work activities.

Now, other issues can arise in this type of claim. Many times, firefighters don’t even know that they even have a workers’ compensation claim and years can pass. With this type of a workers’ compensation claim you must put your employer on notice that you have suffered an occupational disease within a certain time period.

At Meuser Law Office, P.A. we, unfortunately, have handled many cases of firefighters with cancer. If this is affecting you or someone in your family, contact attorneys who have experience representing clients with this type of workers’ compensation claim. In addition, you may also be eligible for a PERA Duty Disability claim as well as a Health Care Continuation benefits claim. Our attorneys would make sure you receive the full benefit you are due.

Contact Meuser Law Office, P.A. at 1-877-746-5680 for a free, no-obligation consultation to discuss your claim.

Mary Beth Boyceby Mary Beth
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Thursday, July 28, 2016

MN PERA Duty Disability Application Tips – Be Cautious of Misinformation

At Meuser Law Office, P.A. we represent more police officers, firefighters, and other first responders injured in the line of duty than any other law firm in the State of Minnesota. The attorneys at Meuser Law Office, P.A. have more experience representing public servants in their claims for PERA Duty Disability benefits than any other attorney in the State of Minnesota.

When finding an attorney to assist you in your pursuit for benefits it is very important to know how many PERA claims he or she has pursued. Frighteningly, we have seen a solo practitioner advertise for PERA Duty Disability applications “helps and tips” on a website that lists incorrect information. Misinformation can seriously harm your claim. Your claim for Duty Disability or regular disability benefits in conjunction with Healthcare Continuation benefits can be worth over a half a million dollars. The amounts of money at stake with each claim are too high to jeopardize by retaining counsel who doesn’t know what he or she is doing. He or she may not know how the PERA disability benefits are coordinated with workers’ compensation benefits in Minnesota and this inexperience or ignorance will hurt your claim.

First and foremost, please do NOT “get your employer on board.” This is truly terrible legal advice! In almost all PERA disability cases it is best NOT to let your employer know that you are applying for PERA Duty Disability or regular disability benefits until after you have submitted your application. The employer may know that a disability pension is inevitable in your case but letting them know too early could jeopardize work comp benefits and your Healthcare Continuation benefits. The entity could send you for an Independent Medical Exam (IME) which is almost always adverse and could become discoverable by PERA and affect your claim negatively. A sophisticated public entity, such as the City of Minneapolis or the City of St. Paul who frequently deals with PERA claims will also know that they may be on the hook for Healthcare Continuation benefits if your application is approved and therefore be responsible for very significant sums of money.

Moreover, it is NOT your employer’s responsibility to submit all First Reports of Injuries (FROIs) to the Public Employees Retirement Association (PERA). Nor is it your employer’s responsibility to submit a job description. A job description can be requested from Human Resources or experienced PERA attorneys generally already have your job description on file. PERA does contact your employer once your application has passed the first stages and will request a “unit certification form” from the employer. PERA should contact the employer, not you.

Additionally, you need TWO not just ONE doctor to sign off on your application for PERA Duty Disability benefits. The requisite PERA form is quite complex and PERA has strict rules on what they will and will not accept on the form. It’s best to talk to an attorney first before you discuss this benefit with your doctor. Your doctor might not understand that you are not asking for total complete disability benefits but rather a disability benefit that allows you to work outside of law enforcement and or the fire service.

It is vital that attorneys coordinate work comp claims, PERA Duty Disability claims, and Healthcare Continuations claims. Sometimes employers try to force workers into signing employment law releases as part of his or her work comp agreement. You may be unknowingly waiving your ability to receive Healthcare Continuation benefits.

When deciding to apply for PERA Duty Disability benefits or Healthcare Continuation benefits, do your research. Go online. Ask your coworkers for recommendations. At Meuser Law Office, P.A. we are confident that if you ask around your station or department you’ll find coworkers who have used our services and we come highly recommended. Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERS/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

Mary Beth Boyceby Mary Beth
More posts by Mary Beth

Thursday, July 21, 2016

Do You Need a Functional Capacity Evaluation (FCE)?

Sometimes undergoing a Functional Capacity Evaluation (FCE) can help your Minnesota workers’ compensation case if there is a dispute over the extent of your physical restrictions. Oftentimes the restrictions issued by your treating physician will differ from those issued by the insurance company’s doctor after undergoing an Independent Medical Exam (IME). An FCE can provide clarity and objectively show that an injured worker has physical restrictions. Sometimes a treating physician will refer an injured worker for a FCE and the insurance company will deny the testing.

A Functional Capacity Evaluation is a series of objective tests used to determine an injured workers’ functional limitations. After the evaluation is completed, an injured worker’s treating physician will examine the results of the FCE and then issue permanent restrictions.

The testing can take anywhere from a few hours to a few days. Testing also generally involves an interview to determine why types of conditions you have both work and non-work related, types of treatment you’ve undergone, type and intensity of symptoms, and how your symptoms impact your daily living activities. Testing includes performing simulated work tasks such as lifting, pushing and pulling, squatting, overhead activities, and other relevant physical activities.

While injured workers are not expected to continue to perform activities that cause him or her pain, the goal is to determine the maximum abilities that he or she is able to perform. So it is important to tell the tester when the activity causes the employee pain and it’s critical not to exaggerate symptoms during testing. The people who administer FCEs are experts and will be able to tell if the injured worker is exaggerating any symptoms. It will hurt your Minnesota workers’ compensation claim if the tester documents that the employee is exaggerating his or her symptoms.

A FCE report will then be created after the employee completes the testing. An FCE report typically lists limitations on weight lifting, bending, twisting, pushing, pulling, kneeling, overhead work, sitting or standing for prolonged periods. The FCE report is often extensive and can provide valuable evidence in a workers’ compensation hearing.

Typically, a Functional Capacity Evaluation takes place after an injured worker reaches Maximum Medical Improvement, also referred to as MMI. A treating physician will determine that an injured employee is at MMI when he or she has reached a plateau in treatment or he or she is as good as he or she is going to get and no new treatment is anticipation or recommended.

Qualified Rehabilitation Consultants (QRCs) may use the results from the Functional Capacity Evaluation to determine suitability of light duty or employment with a new employer. A QRC may then use these permanent restrictions to come up with a plan to get the employee back to work and may even use them to propose a retraining plan, if the restrictions are preventing the employee from re-entering the workforce in a position that pays similar to his or her pre-injury wage.

After receiving the results of a FCE the employer may determine that it cannot accommodate an employee’s permanent restrictions and then may terminate the employee. Separating from a date of injury employer is not always a bad thing and it’s important to consult with an attorney to help with this process. The results from a Functional Capacity Evaluation can help to leverage a workers’ compensation settlement as well. In cases with employees who have PERA or MSRS Duty Disability claims it can provide valuable evidence that the date of injury employer can no longer accommodate the police officer, firefighter, deputy sheriff, corrections officer, or state trooper’s permanent restrictions.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and extensive claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

Mary Beth Boyceby Mary Beth
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Thursday, July 14, 2016

Can I Receive Minnesota Workers’ Compensation and PERA Police and Fire Plan Duty Disability Benefits At the Same Time?

Yes! In most cases, you can receive PERA disability benefits and workers’ compensation benefits at the same time.

Minnesota police officers, firefighters, and other first responders who receive PERA disability pension benefits are usually also entitled to workers’ compensation benefits. PERA allows a disabled firefighter or police officer to receive Duty Disability benefits plus workers' compensation wage loss benefits, up to a total of his or her salary at the time of the disability, or the current salary of the position, whichever is greater. PERA reduces the benefit amount dollar-for-dollar if a combination of the two benefits exceeds this limit.

If the disabled firefighter or police officer is able to work in a position outside their police and fire duties, that individual can receive Duty Disability benefits plus re-employment earnings plus workers’ compensation wage loss benefits, up to a total of 125% his or her salary at the time of the disability or the current salary of the position. PERA reduces its benefit payment for $1 of each $3 earned in excess of those limitations.

If a firefighter, police officer, corrections officer, or other public employee in Minnesota sustains an injury or a combination of injuries that prevents that person from returning to his or her former career, he or she may be entitled to both workers’ compensation benefits and disability pension benefits under the Public Employees’ Retirement Association (PERA), the Minneapolis Firefighters Relief Association (MFRA), the Minneapolis Employees Retirement Fund (MERF), the Minnesota State Retirement System (MSRS), and any other local retirement association.

If you’re a firefighter, police officer, or corrections officer, and you sustained an injury in the line of duty that will keep you from returning to your former position for a period of at least a year, you should strongly consider applying for Duty Disability benefits.

Unfortunately, if you’re a member of PERA, MSRS, or any other local or state retirement association, you’re probably keenly aware of the fact that these pension funds are woefully under-funded. Because of this issue, in the past few years, the Minnesota legislature has drastically changed the requirements to qualify for Duty Disability benefits.

In years past, if you had a career-ending work-related injury, you would almost certainly qualify for Duty Disability benefits under PERA, any of the local relief associations, and under MSRS. Under the most recent law changes, however, you now need to show that your disability “is the direct result of an injury incurred during, or a disease arising out of, the performance of inherently dangerous duties that are specific to the positions covered by the public employees police and fire retirement plan.” Minn. Stat. §353.01, Subd. 41 (2009). The requirements for Duty Disability under the PERA corrections plan, MFRA, MSRS, and other local plans are virtually identical to the requirements under the police and fire plan.

In layman’s terms, a disabled police officer, firefighter, or corrections officer must now prove not only that the injury occurred in the line of duty, but that the injury occurred during the performance of duties that are inherently dangerous. What does that mean? In all honesty, no one is entirely certain. This version of the law hasn’t been around long enough for any cases to make their way through Minnesota’s higher courts.

What we can say is that in reviewing Duty Disability applications, PERA is taking a very strict reading of the statute, which basically means that they are frequently denying applicants who are injured performing duties that are not “hazardous” enough. Obviously, if you are shot by a suspect, or burned in a fire, those are hazardous duties. And, slipping and falling on a patch of ice on the way into work is probably not hazardous enough. But there’s a lot of room between those two extremes.

Here are some examples of police officers, firefighters, and corrections officers we at Meuser Law Office, P.A. have assisted with applications and appeals for PERA and MSRS Duty Disability benefits:

A firefighter who suffers from chronic respiratory problems as the result of exposure to toxic fumes at the scene of a chemical fire was awarded PERA Duty Disability benefits based on the application we prepared for him.

A firefighter who suffered several back injuries while lifting obese patients required back surgery that did not alleviate his symptoms. We secured PERA duty disability benefits on his behalf.

A police officer developed PTSD as the result of shooting a suspect who was actively engaged in an armed carjacking. We secured PERA duty disability benefits on his behalf.

A police officer developed severe shoulder problems requiring surgery after lifting an uncooperative, suicidal suspect into her squad car while placing him under arrest. We secured PERA duty disability benefits on her behalf.

A police officer was struck by a drunk driver in her squad car while performing dog watch patrol. She required two back surgeries that left her with permanent nerve damage. We secured PERA duty disability benefits on her behalf.

We secured PERA duty disability benefits on behalf of a deputy sheriff who sustained significant neck injuries requiring surgery after being hit head on in his squad car by a suspect during a high speed chase.

So why does it matter? Under PERA, MSRS, and other relief associations, the rate of pay for Duty Disability benefits is significantly higher than “regular” disability benefits. Over the course of several years, this can add up to tens or hundreds of thousands of dollars. In addition, police officers and firefighters who are awarded Duty Disability benefits under PERA, MSRS, or a local plan are entitled to continuation of healthcare coverage, which means your employer continues to pay their share of your healthcare premiums. That’s a huge financial benefit!

At Meuser Law Office, P.A., we believe that the vast majority of duties performed by police officers, firefighters, and corrections officers are hazardous, and we’ve successfully represented this group in both their workers’ compensation cases and for PERA and MSRS Duty Disability applications and appeals.

It is important that your workers’ compensation lawyer is familiar with the Duty Disability laws under PERA, MSRS, and other local retirement associations, otherwise, you could be leaving thousands of dollars in benefits on the table.

When any of our attorneys meet with a new client who is a firefighter, police officer, or corrections officer, we evaluate not only their workers’ compensation case, but we also evaluate any potential claims for PERA or MSRS disability benefits. We will give you an honest assessment on the likelihood of succeeding both on your claim for workers’ compensation benefits and your claim for disability benefits.

At Meuser Law Office, P.A., when we evaluate your claim for Duty Disability benefits, we always give you the option of preparing the application on your own and are happy to provide you with guidance to give you the best chance of succeeding on your application. Alternatively, we can prepare your application and all necessary documentation for you. If you’ve been denied, we can also assist you with an appeal. If you applied on your own and received notice that your application for Duty Disability benefits was denied, you need to act fast! There’s a very limited time within which to complete an appeal.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

Jennifer Yackleyby Jen Yackley
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Thursday, July 7, 2016

Firefighters for Healing is Chosen Beneficiary for the Polo Pavilion at the Polo Classic

Meuser Law Office, P.A. is honored to support Firefighters for Healing who is a proud beneficiary of the upcoming 27th Annual Polo Classic on Sunday, August 7, 2016. The Polo Classic is the preeminent polo event in the Minneapolis/St. Paul, Minnesota area. Meuser Law Office is looking forward to attending the Polo Pavilion, a VIP experience, where a portion of every ticket sold supports Firefighters for Healing. Held at the Twin City Polo Club, this exciting event features live music, the Horsepower Car Show, live & silent auction items, a hat parade including a best dressed competition, a champagne toast during the traditional divot stomp and, of course, the exhilarating experience of a live polo match to stimulate the senses and entertain all ages. Visit the event website to find information about these events and more as well as a detailed schedule of the day.

Polo for Philanthropy is a non-profit organization dedicated to raising funds and awareness for worthy charities. The Polo Classic fundraising event has been the premier polo event in Minnesota for 26 years and continues to grow each year. Over $2 million has been raised so far for beneficiaries and Firefighters for Healing is proud to be selected as the 2016 beneficiary of the VIP experience ticket, the Polo Pavilion, at this year’s Polo Classic event.

To get your Polo Pavilion VIP Experience reserved seating tickets which benefit Firefighters for Healing, click here

Firefighters for Healing is a non-profit foundation founded by Jake LaFerriere, a former Minneapolis firefighter. The money raised at this event will help Firefighters for Healing continue to provide financial and emotional support to children who are severe burn survivors. Ron Meuser, founder of Meuser Law Office, P.A., is a proud board member.

Jake LaFerriere founded Firefighters for Healing in 2010 after suffering third and fourth degree burns as a result of a backdraft explosion. While in recovery, he met several children in the burn unit, each undergoing painful treatments for their injuries which inspired him to create Firefighters for Healing which subsidizes a variety of resources for burn survivors and their family. These can include corrective surgeries, replacement of essential living items lost in fires, enrollment in supportive community youth programs, and financial assistance for the needs of the family during a hospital stay or treatment. Visit www.firefightersforhealing.org for more information about this amazing foundation.

The Polo Classic
Sunday, August 7th, 2016
Gates open at 10:00 am with events from 11:00 am -  5:00 pm
Twin City Polo Club, 6755 Turner Road, Maple Plain, MN 55359
Event information:  http://www.thepoloclassic.com/events/the-polo-classic-2016/
To purchase tickets with a portion of the proceeds benefitting Firefighters for Healing: https://www.eventbrite.com/e/polo-pavilion-benefitting-firefighters-for-healing-tickets-25897506138?ref=eweb

Ron Meuserby Ron Meuser
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