Meuser Law Attorneys Speak to Burnsville Police Officers and Firefighters

We are pleased to share that Ron Meuser, Jennifer Yackley, Mary Beth Boyce and Ashley Biermann of Meuser Law Office, P.A. were invited recently to speak to the City of Burnsville police officers, firefighters and HR Generalists. Ron and his team of experienced attorneys were asked to educate the group of first responders and HR Generalists on the basics of PERA disability, Minnesota work comp, as well as other benefits available in the event an injury occurs in the line of duty.

Once combined, Burnsville's police and fire departments have been operating since 1981 as individual units with the shared commitment to the preservation of life, safety and protection of property for the city's residents, business owners, and visitors. Although highly trained in safety measures to not only keep the public safe, but also the city's first responders as well, injuries do occur. In fact, according to the Bureau of Labor Statistics, police officers are four times more likely to be injured on the job than other occupations. The types of injuries to firefighters, such as cancer, are growing as well according to the National Fire Protection Agencies. The City of Burnsville understands the increased danger the police officers and firefighters face each day and want to ensure their first responders know what steps to take when an injury happens to ensure they receive the full benefits they are entitled, including continuation of health insurance and PTSD.

Ron, Jen, Mary Beth and Ashley met with the entire group and presented an overview and basic information. The attorneys went more in depth with the 20 police officers and 10 firefighters in attendance after the chiefs and HR Generalists exited the presentation. The following topics and others were discussed:

• The importance of timing when reporting an injury
• When to seek treatment for an injury
• PTSD
• Firefighters with cancer

Discussion included the types of benefits available to first responders who are injured in the line of duty, and information regarding post-traumatic stress disorder (PTSD) including the new workers' compensation rules that govern PTSD claims, as well as complex timing and coordination rules that apply specifically to Minnesota's peace officers who receive Duty Disability and workers' compensation benefits.

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 Minnesota's first responders for both work comp and PERA/MSRS disability claims. Sitting down with us to learn more about your potential claim is a lot like financial planning. We can explain what benefits you may be eligible for 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 the often-complex process easier to navigate.

Why choose Meuser Law Office, P.A. for your PERA, workers' compensation and personal injury representation? The difference in experience between Meuser Law and an attorney who isn't as versed in this area of the law can mean hundreds of thousands of dollars to your claim. Contact us today for a free no-obligation consultation by calling 1-877-746-5680. Ron Meuser and the attorneys at Meuser Law Office, P.A. are available to speak at ANY police or fire department in Minnesota to educate and inform on the valuable information and ensure injured first responders are receiving the benefits to which they are entitled.

by Ron Meuser
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Moot Court and Trial Competitions at University of St. Thomas Law School

Ron Meuser and Mary Beth Boyce of Meuser Law Office, P.A. are proud to be part of this year’s University of St. Thomas Moot Court Intramural Competition. Each year the University of St. Thomas Law School send students to participate in national moot court, trial advocacy, and negotiations competitions. These competitions offer students an opportunity to focus on their written and oral advocacy skills, which are key skills when practicing law. The intramural competition helps determine which students make the various teams.

In a moot court competition, students are tasked with arguing a hypothetical case on appeal to the United Supreme Court. In participating, the students are showing their ability to write and speak clearly while thinking quickly.

Mary Beth was invited to judge the initial rounds and Ron was asked to be a judge for the final round of the St. Thomas School of Law Intramural Moot Court Competition held in September. Ron had the honor to judge alongside former Minnesota Supreme Court Justice Dietzen and Professor Teresa Collett. What an honor and great experience! Congratulations to all the students who participated!

by Ron Meuser
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Remembering Officer William Mathews of the Wayzata, Minnesota Police Department

On behalf of Meuser Law Office, P.A., we extend our deepest condolences to the family, friends, and colleagues of Officer William Mathews, 47, who was struck and killed by a motorist in the early afternoon on September 8, 2017. Officer Mathews was removing dangerous debris in the roadway when he was hit by an SUV and died of his injuries.

Officer Mathews is a nine-year department veteran who was proud to serve the Wayzata and Long Lake communities. His family says law enforcement was his “calling” and he loved his life serving as a police officer. Officer Mathews leaves behind a wife and young son.

Meuser Law Office, P.A. has represented hundreds of police officers, firefighters, state troopers, and paramedics and understand the dangers faced each day they put on their uniform. Motor vehicle accidents pose a great risk to first responders. We respect the risks they take performing their daily duties to keep our communities safe and take this time to simply say thank you.

Please keep Officer Mathews’ family, friends, and fellow officers in your prayers.

by Ron Meuser
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Meuser Law Office, P.A. Attorneys Speak at the St. Paul Firefighters Union Meeting

Ron Meuser, Mary Beth Boyce and Ashley Biermann of Meuser Law Office, P.A. were proud and honored to speak at the St. Paul Firefighters IAFF Local 21 Union membership meeting on June 6th & 7th, 2017 held in St. Paul, Minnesota.

The St. Paul Firefighters Local 21 has been representing St. Paul’s bravest since 1918. They are dedicated to making sure their members have the safest working conditions, fair wages and benefits, and provide the best fire, rescue and paramedic services in Minnesota.

Ron, Mary Beth and Ashley met with firefighters each day and spoke about the complex issues Minnesota’s first responders face when they are dealing with an injury sustained in the line of duty. Topics included the types of benefits available to our state’s first responders who are injured in the line of duty, including workers’ compensation, PERA Police and Fire Duty Disability, Continuation of Health Insurance Benefits Minn. Stat § 299A.465, as well as unique situations. Ron, Mary Beth and Ashley also presented information regarding post-traumatic stress disorder (PTSD) and firefighters, including the new workers’ compensation rules that govern PTSD claims, as well as complex coordination rules that apply specifically to Minnesota’s peace officers who receive Duty Disability and workers’ compensation benefits.  The attorneys also fielded many great questions from the attendees regarding the coordination of benefits, timing of filing for benefits and PTSD claims.

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 Minnesota first responders for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us to learn more about your potential claim 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 the often-complex process easier to navigate. Contact us today for a free no-obligation consultation by calling 1-877-746-5680.

by Ron Meuser
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Important Changes Regarding Post-Traumatic Stress Disorder (PTSD) and Law Enforcement: DSM-V vs. DSM-IV-TR PTSD Diagnostic Criteria

This article was originally published in December, 2015 in the Minnesota Police Journal. PTSD was and continues to be an important topic with major implications for Minnesota’s first responders who suffer from PTSD. In October of 2013, the Minnesota workers’ compensation law recognized post-traumatic stress disorder as a covered or compensable injury for purposes of workers’ compensation law. Since then, law makers continue to fight for the rights and benefits of Minnesota’s first responders as well as continue to raise awareness of PTSD, including the re-introduction of a crucial bill in the 2017 legislative session that directly affects first responders who suffer from PTSD.

Written by Dr. Michael Keller, Ph.D and published in the Minnesota Police Journal

Introduction 

There have been some important changes regarding the diagnosis of post-traumatic stress disorder (PTSD), and these changes have a significant effect on those employed as licensed Minnesota Peace Officers relative to such matters as eligibility for disability benefits under the Public Employees Retirement Association (PERA), the Minnesota State Retirement Association (MSRS), and workers’ compensation. Due to changes in Minnesota Law taking place over the past few years, it is now the case that Minnesota Peace Officers must meet the diagnostic standards for PTSD as indicated in the Diagnostic Statistical Manual, Fifth Edition (DSM-5, 2013), whereas previously, the diagnostic criteria for PTSD as indicated in the Diagnostic Statistical Manual, Fourth Edition, Text Revised (DSM-IV-TR, 2000) have been relied upon for the determination of the diagnosis of PTSD.

The official effective date for the transition from DSM-IV-TR diagnoses to DSM-5 diagnoses took place on October 1st, 2015. It was at this time that all medical and psychiatric providers were to cease using diagnostic coding (and relevant diagnostic criteria) relative to ICD-9-CM standards, to diagnostic coding as indicated by ICD-10-CM standards (including any changes relevant to diagnostic criteria of various disorders, conditions or problems). ICD codes (International Classification of Diseases codes), more formally identified as the International Statistical Classification of Diseases and Related Health Problems, is copy written by the World Health Organization (WHO) and owns and publishes the classification. For example, under the DSM-IV-TR, diagnostic coding and ICD-9 coding for PTSD are both identified as 309.81, whereas coding for PTSD under DSM-5 is identified as F43.10 as to ICD-10 and 309.81 diagnostically.

It is important to understand that although the official date for the transition from DSM-IV-TR to DSM-5 took place on October 1st, 2015, changes in Minnesota State Statutes regarding the diagnosis of PTSD requiring DSM-V diagnostic criteria, as in the case of workers’ compensation benefits for Peace Officers, took place prior to October 2015 (see Minnesota Statute §299A.465 and Minnesota Statute §299A.475 for important details regarding PERA, MSRS, and workers’ compensation).

More important than the differences in diagnostic coding between DSM-IV-TR (PTSD, 309.81) and DSM-5 (PTSD, 309.81 F43.10) are the substantive distinctions in the differences between PTSD diagnostic criteria as indicated in the DSM-V as compared to the DSM-IV-TR.

Post-Traumatic Stress Disorder, DSM-V vs. DSM-IV-TR

According to the Diagnostic Statistical Manual, Fifth Edition, (DSM-V), PTSD is described specifically, in part, as follows.

Post-Traumatic Stress Disorder (PTSD) 309.81 (F43.10) – Diagnostic Criteria:
 Note: The following criteria apply to adults, adolescents, and children older than 6 years.

A. Exposure to actual or threatened death, serious injury, or sexual violence in one (or more) of the following ways:
1. Directly experiencing the traumatic event(s).
2. Witnessing, in person, the event(s) as it occurred to others.
3. Learning that a traumatic event(s) occurred to a close family member or close friend. In cases of actual or threatened death of a family member or friend, the event(s) must have been violent or accidental.
4. Experiencing repeated or extreme exposure to aversive details of the traumatic event(s) (e.g., first responders collecting human remains, police officers repeatedly exposed to details of child abuse).

Note: Criterion A4 does not apply to exposure through electronic media, television, movies, or pictures, unless this exposure is work-related.

B. Presence of one (or more) of the following intrusive symptoms associated with the traumatic event(s), beginning after the traumatic event(s) occurred:
1. Recurrent, involuntary, and intrusive distressing memories of the traumatic events(s).
2. Recurrent distressing dreams in which the content and/or affect of the dream are related to traumatic the event(s).
3. Dissociative reactions (e.g., flashbacks) in which the individual feels or act as if the traumatic event(s) were recurring. (Such reactions may occur on a continuum, with the most extreme expression being a complete loss of awareness of present surroundings).
4. Intense prolonged psychological distress at exposure to internal or external cues that symbolize or resemble an aspect of the traumatic event(s).
5. Marked psychological reactions to internal or external cues that symbolize or resemble an aspect of the traumatic event(s).

C. Persistent avoidance of stimuli associated with the traumatic event(s), beginning after the traumatic event(s) occurred, as evidenced by one or both of the following:
1. Avoidance of or efforts to avoid distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s).
2. Avoidance of or efforts to avoid external or internal reminders (people, places, conversations, activities, objects, situations) that arouse distressing memories, thoughts, or feelings about or closely associated with the traumatic event(s).

D. Negative alterations in cognitions and mood associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following:
1. Inability to remember an important aspect of the traumatic event(s) (typically due to dissociative amnesia and to other factors such as head injury, alcohol or drugs).
2. Persistent and exaggerated negative beliefs or expectations about oneself, others, or the world (e.g., “I am bad,” “No one can be trusted,” “The world is completely dangerous,” “My whole nervous system is permanently ruined”).
3. Persistent, distorted cognitions about the cause or consequences of the traumatic event(s) that lead the individual to blame himself/herself or others.
4. Persistent negative emotional state (e.g., fear, horror, anger, guilt, or shame).
5. Markedly diminished interest or participation in significant activities.
6. Feelings of detachment or estrangement from others.
7. Persistent inability to experience positive emotions (e.g., inability to experience happiness, satisfaction, or loving feelings).

E. Marked alterations in arousal and reactivity associated with the traumatic event(s), beginning or worsening after the traumatic event(s) occurred, as evidenced by two (or more) of the following:
1. Irritable behavior and angry outbursts (with little or no provocation) typically expressed as verbal or physical aggression toward people or objects.
2. Reckless or self-destructive behavior.
3. Hyper vigilance.
4. Exaggerated startle response.
5. Problems with concentration.
6. Sleep Disturbance (e.g., difficulty falling asleep or restless sleep).

F. Duration of the disturbance (Criteria B, C, D, and E) is more than 1 month.
G. The disturbance causes clinically significant distress or impairment in social, occupational, or other important areas of functioning.
H. The disturbance is not attributable to the physiological effects of a substance (e.g., medication, alcohol) or another medical condition.

Specify whether:

With dissociative symptoms: The individual’s symptoms meet the criteria for post-traumatic stress disorder, and in addition, in response to the stressor, the individual experiences persistent or recurrent symptoms of either of the following:

1. Depersonalization: Persistent or recurrent experiences of feeling detached from, and as if one were an outside observer of, one’s mental processes or body (e.g., feeling as though one were in a dream; feeling a sense of unreality of self or body or time moving slowly).
2. Derealization: Persistent or recurrent experiences of unreality of surroundings (e.g., the world around the individual is experienced as unreal, dreamlike, distant, or distorted).
Note: To use this subtype, the dissociative symptoms must not be attributable to the physiological effects of a substance (e.g., blackouts, behavior during alcohol intoxication) or another medial condition (e.g., complex partial seizures).

Specify if:

            With delayed expression: If the full diagnostic criteria are not met until at least 6 months after the event (although the onset and expression of some symptoms may be immediate).

American Psychiatric Association (2013). Diagnostic and Statistical Manual, Fifth Edition, Text 
           Washington, DC: American Psychiatric Association (271- 272).

According to the Diagnostic Statistical Manual, Fourth Edition, Text-Revised (DSM-IV-TR), PTSD is described, in summary, as requiring two critical features, as follows: (1) The person has been exposed to a traumatic event whereby they have experienced, witnessed, or were confronted by an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others and, (2) the person’s response involved intense fear, helplessness, or horror. Research informs us that the traumatic event alone does not cause PTSD but that it is the individual perception of the event by the involved person and the thoughts generated about the traumatic event that results in the traumatic emotional and memory response that characterizes PTSD. In other words, the way we think about things shapes how we emotionally respond to things, thus we suggest that individual differences in perception, cognitive appraisal of the event, emotions generated, and memories produced regarding the traumatic event or events are important contributory variables in terms of the development of PTSD in terms of intensity of response. Overall, it is the emotional memory of the traumatic event that seems to be a significant source of PTSD symptoms and complaints as opposed to the material facts of the traumatic event itself.

Among the most significant changes in the DSM-5, which, as indicated above, was released in May of 2013, are both the classification and conceptualization of PTSD. The condition is no longer indicated as being an anxiety disorder, but rather a “Trauma-and-Stressor-Related Disorder.”  Also, the DSM-5 reflects a number of changes relative to PTSD criteria whereas a traumatic event is more clearly defined than it was previously in the DSM-IV-TR. The DSM-5 specifies examples of experiencing or witnessing a traumatic event, such as sexual assault or the repeated indirect exposure to adverse events, such as in the case for public safety professionals, and requires the necessity of being explicit as to how the event was experienced (i.e., directly or indirectly).

Determination of a PTSD Diagnosis

As was the case previously under DSM-IV-TR, and is the case now regarding the DSM-V, the recommended best practices regarding the process to be used in determination of a diagnosis of PTSD includes the completion of a structured interview of the individual wherein some sort of specific instrument or protocol is used so as to identify the triggering traumatic exposure or exposures (e.g., the story of traumatic exposure), the reported and observed associated symptoms and complaints including onset, intensity, frequency and duration and frequency (e.g., individual self-report and the use of some type of PTSD symptom check-list), the completion of psychometric evaluation (e.g., MMPI-2/MMPI-RF testing), and the review of relevant current and past treatment records, if available, depending on the date of injury and onset of problems.

Conclusion

PTSD, whether understood and diagnosed in the context of DSM-IV-TR or DSM-V diagnostic criteria, remains a very serious condition and needs to be taken seriously. It is important to seek and obtain professional help if you think you might be experiencing PTSD.

It is also important to understand that from a clinical diagnostic perspective, if an individual meets DSM-IV-TR diagnostic criteria for PTSD secondary to their work-related traumatic exposure or exposures while working as a licensed Minnesota Peace Officer, they will continue to meet DSM-V PTSD diagnostic criteria going forward. The change from DSM-IV-TR to DSM-5 did not have a more limiting and/or restrictive affect as to an individual potentially meeting diagnostic qualification for a formal diagnosis of PTSD; rather it clarified and more so expanded potential qualification as a result of clarification of what is understood to be a traumatic event and what is meant by exposure or repeated exposures to said traumatic events as compared to the previous criteria of witnessing and/or participating in a traumatic event or events.

Sources:

 American Psychiatric Association (2000). Diagnostic and Statistical Manual, Fourth Edition, Text 
             Revision, Washington, DC: American Psychiatric Association.

American Psychiatric Association (2013). Diagnostic and Statistical Manual, Fifth Edition,
           Washington, DC: American Psychiatric Association (271- 272).

Centers for Disease Control and Prevention (2015). Clarification of Diseases, Functioning, and 
             Disability, Washington DC: U.S. Department of Health and Human Services

Houston, A.A., Webb-Murphy, J., & Delaney, E. (2013). From DSM-IV-TR to DSM-5: Changes in 
            Posttraumatic Stress Disorder, Naval Center for Combat & Operational Stress Control, Boston, MA.

Weathers, F.W., Litz, B.T., Keane, T.M., Palmieri, P.A., Marx, B.P., & Schnur, P.P. (2013), The PTSD 
            Checklist for DSM-5 (PCL-5). National Center for PTSD.


Dr. Michael Keller is a licensed clinical and forensic psychologist who serves a variety of Minnesota and Wisconsin law enforcement agencies as well individual members of the law enforcement community and their families. He is a retired law enforcement officer and a member of the American Psychological Association (Clinical Psychology and Police & Public Safety Psychology Sections) and is a member the Police Psychological Services Section of the International Association of Chiefs of Police.

Dr. Michael Keller, Ph.D., LP
121 Adams Street
Cambridge, MN 55008
763-442-4111
www.psychologicalserviceassociates.com

by Ron Meuser
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What is PERA?

PERA stands for the Public Employees Retirement Association, an organization that operates only in the State of Minnesota. Generally speaking, PERA provides and manages the benefits for certain public employees—for example, retired government workers, police officers and firefighters—who worked for local governments throughout the State. Currently, PERA serves over 150,000 public employees and pays benefits to more than 40,000 retirees, survivors, and disabled members. This article explains PERA’s role in providing disability benefits and workers’ compensation.

The first step towards eligibility is to be a PERA member. Under Minnesota law, most non-elected public employee positions—like police officers, firefighters, correctional officers and employees working for state counties, cities, townships, and public school districts—are automatically enrolled. However, some public employees have the option to participate as a member of PERA. Typically, optional membership is offered for certain elected officials, volunteer ambulance personnel, city managers, and physicians employed by local governments.

When applying for disability benefits, PERA members may receive one of two types of disability: “duty” disability or regular disability benefits. Duty Disability benefits are available for police officers, firefighters, and correctional officers for injuries that occurred during or arose out of the performance of duties specific to protecting the property or the safety of others. Under statute, these duties have to be inherently dangerous. Which duties are “inherently dangerous” are not always clear. In addition, the injury must prevent the performance of future duties for at least a year. If you are eligible for Duty Disability, PERA calculates your benefit by averaging 60% of your monthly salary benefit during the highest five consecutive years of earnings, also referred to as your high-five salary. That rate is increased by 3% for each year of service beyond 20 years.

Alternatively, regular disability benefits are available for PERA members who have a physical or psychological condition expected to impact the performance of normal duties for at least a year. The disability can be a non-work related injury or an injury that occurred during the performance of work duties. Unlike Duty Disability, the injury does not need to have occurred while protecting the property or safety of others or in an inherently dangerous situation. If you are eligible for regular disability, PERA calculates your benefits based on 45% of your average monthly salary benefit during the highest five consecutive years of earnings.

For work-related injuries, PERA members can also apply for workers’ compensation even when receiving disability benefits at the same time. Workers’ compensation may be available for any injury occurring at work or because of work activities, including those that develop gradually. If your employer and their insurer accept the claim, work comp can cover reasonable and necessary medical treatments, wage loss benefits including disability benefits, and rehabilitation services.

PERA is a complex scheme with complicated eligibility requirements. The process for obtaining benefits and coordinating those benefits with workers’ compensation is difficult and the financial reward is substantial. With a PERA application, all your disability benefits are on the line. Even if a benefit is granted, receiving regular disability instead of Duty Disability could result in the loss of 15% of your monthly salary.

If you believe you are entitled to disability benefits through PERA, we strongly recommend you contact Meuser Law Office, P.A. The most important aspect of your claim is the initial application to PERA. Ensuring that your application is timely and accurate is the best way to receive your benefits quickly. If, however, you have already applied and your application has been denied or you believe you are receiving less than you are entitled, Meuser Law Office, P.A. can still help. Meuser Law’s team of experienced Minnesota PERA and workers' compensation attorneys provide assistance through every stage of disability employment applications – from the original application to the Minnesota Court of Appeals. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the often complex process easier to navigate and help you receive the benefits you deserve. Contact us today for a free no-obligation consultation by calling 1-877-746-5680.

by Ron Meuser
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Don’t Wait to Seek Medical Treatment if You’ve Been Injured

If you haven’t already done so, you need to immediately seek medical care treatment if you have any type of work injury that requires medical care. Oftentimes, an employee may try to hold off on seeking the care. The problem with that is if you do not seek medical care treatment, then your rights do not become vested, and oftentimes employees will wait for a certain time to go by. Oftentimes they’ll think “Well, it’s not that bad, I don’t want to be seen as one of those people who file a workers’ compensation claim” or “I think it will go away after a couple weeks”.



Unfortunately, the longer you go without seeking medical treatment the better the likelihood the insurance company is going to deny your claim. So, in our opinion you need to immediately seek medical care treatment. If you haven’t sought the medical treatment after having filed the First Report of Injury, then go to the doctor. Go to your general practitioner or go to the urgent care center, but you need to have it documented that in fact you have sustained an injury.

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 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.

by Ron Meuser
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Re-Introduced Bill Seeks to Help First Responders with PTSD

When the Minnesota legislature opened the 2017 session, a crucial bill that directly affects Minnesota’s first responders who suffer from PTSD was re-introduced. This bill was originally presented in April of 2016, and did not pass at that time although information has been communicated and much awareness has been raised about this important topic.

Meuser Law Office, P.A. understands the importance of legislature such as this and created a petition in April 2016 to help spread the word and gather support for this bill. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this important bill.

The bill’s author, Senator-elect Dan Schoen, DFL-St. Paul Park, is also a police officer in Cottage Grove. Senator-elect Schoen recently called a meeting in the Senate Office Building to hear from Minnesotans affected by PTSD. Among the people who spoke was St. Paul firefighter and paramedic, Brian Cristofono. Brian, a current client of Meuser Law Office, P.A., says fire departments need to talk about PTSD more and take this issue more seriously. “We spend so much time learning how to save ourselves, how to rescue people, but we don’t give any training time to PTSD or mental health”.

Recently, KSTP Channel 5 Eyewitness News ran a story on this PTSD bill featuring Minnesotans directly affected by PTSD, including Brian Cristofono. Take a moment to watch the KSTP Eyewitness News story with emotions ranging from sad to tragic:

http://kstp.com/politics/post-traumatic-stress-disorder-ptsd-first-responders-state-legislature-minnesota/4349988/?cat=1

Continue reading the original article from our blog site below:

New Bill Seeks to Help First Responders with PTSD

This week, the Minnesota legislature issued a News Release announcing the introduction of a bill that could have major implications for Minnesota’s first responders who suffer from PTSD.

Since October 1, 2013, the Minnesota workers’ compensation law has recognized post-traumatic stress disorder (PTSD) as a “covered” injury for purposes of workers’ compensation law. In the 2 ½ years since the law passed, in our practice, we have unfortunately seen some workers’ compensation insurers take a “full court press” approach to defending against these cases – many involving police officers, firefighters, and corrections officers. We have seen cases where a police officer clearly and obviously suffers from profound PTSD as the result of terrible trauma, and yet the workers’ compensation insurer denies that it was “traumatic enough” of an event, or hires an adverse doctor to offer an outrageous opinion that the person doesn’t have PTSD.

This week, Rep. Dan Schoen (DFL – St. Paul Park) and Sen. Matt Schmit (DFL – Red Wing) introduced a bill that would include post-traumatic stress disorder under the “presumption” section of the Workers’ Compensation Act – meaning that post-traumatic stress disorder would be “presumed” to be work-related for some specific first responders, including police officers, firefighters, paramedics, EMTs, conservation officers, and others.

While PTSD is currently covered under Minnesota Workers’ Compensation, this statute would change the burden of proof – meaning that it would no longer be the employee’s burden of proof to demonstrate that he or she has PTSD and that it is work-related – it becomes the employer/insurer’s burden of proof to disprove that the individual’s PTSD is work-related.

Seeing the practical realities of how PTSD claims are administered by some public employers, we at Meuser Law Office, P.A., are hopeful that this presumption statute will it easier for our state’s first responders to get the benefits they are entitled to under the law.

Representative Schoen commented that “It really just comes down to we’re at the point where there is just zero question whether this is a work-related injury…we know it is.”

Schoen, a Cottage Grove police officer, said police and firefighters have told him of their experiences with post-traumatic stress disorder. Public agencies send first responders into the “worst of the worst,” he said, and those experiences build over time.

“Everybody’s got a bucket and that bucket might be different sizes for different people, but it starts to fill up,” Schoen said.

Schoen and Schmit said they don’t expect their bill to pass this session. The GOP-controlled House has not scheduled a hearing, Schoen said. Instead, they want to hold an information hearing yet this session to raise awareness.

We at Meuser Law Office, P.A., have created a petition for you to easily show your support for this legislation. Click here to read and sign the petition. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this important bill.

Meuser Law Office, P.A., has proudly represented Minnesota's first responders for PTSD-related claims for over a decade. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to contact their legislators to urge them to support this important bill.

Click here to find contact information for your state representatives.

by Ron Meuser
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