Meuser Law Office, P.A. prevented the employer from discontinuing wage loss benefits for a University of Minnesota Police Officer who sustained a severe upper extremity injury as the result of a fall while the officer was engaged in a foot pursuit of a suspect. The employer attempted to argue that they were allowed to discontinue the police officer’s workers’ compensation wage loss benefits after he separated his employment following his approval for PERA Police and Fire Plan Duty Disability benefits. Following a discontinuance conference, the Court ordered the employer and insurer to continue paying wage loss benefits, determining that there was no reasonable basis to discontinue the wage loss benefits.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Police and Fire Settlements and Awards
Monday, February 29, 2016
Friday, February 26, 2016
MSRS Disability Benefits and Health Care Continuation Benefits for Our State’s First Responders
Minnesota police officers, firefighters, and corrections officers who sustain work-related injuries may be entitled to PERA or MSRS disability benefits, Continuation of Health Insurance Benefits under Minn. Stat. §299A.465, and PTSD benefits under Minn. Stat. §299A.475 in addition to workers’ compensation benefits.
MSRS State Patrol Plan Disability Benefits - Overview
A State Trooper or other state peace officer who suffers from a disability that is expected to prevent him or her from performing his or her normal duties for a period of at least a year may be eligible for MSRS State Patrol Plan disability benefits. Regular disability benefits are payable at a base rate of 45% of the member’s high-five salary. If the disability is the result of a work-related injury or illness, and the injury or illness was incurred while performing inherently duties specific to police officers, the state peace officer may be eligible for Duty Disability benefits. Duty Disability benefits are non-taxable, and payable at a base rate of 60% of the member’s high-five salary. State troopers and peace officers who qualify for Duty Disability benefits, are also eligible for healthcare continuation benefits under Minn. Stat. §299A.465.MSRS Corrections Plan Disability Benefits - Overview
A state corrections officer who suffers from a disability that is expected to prevent him or her from performing his or her normal duties for a period of at least a year may be eligible for MSRS Corrections Plan disability benefits. Regular disability benefits are payable at a variable rate based on the number of years of service. If the disability is the result of a work-related injury or illness, and the injury or illness was incurred while performing duties that were inherently dangerous and specific to corrections officers, the corrections officer may be eligible for Duty Disability benefits. Duty Disability benefits are payable at a base rate of 50% of the member’s high-five salary. Duty Disability benefits are non-taxable.Police Officer, State Trooper and Firefighter Continuation of Health Insurance Benefits Under §299A.465 - Overview
Police officers and firefighters, including State Troopers, are eligible for Continuation of Health Insurance benefits under §299A.465 if they are determined to be eligible for PERA or MSRS Duty Disability benefits. This benefit provides for continued health insurance benefits through a police officer or firefighter’s employer through age 65, meaning that the employer continues to pay its share of the premium for the firefighter or police officer’s health insurance coverage.Police Officer Post-Traumatic Stress Disorder Benefits under §299A.475 - Overview
Peace officers who are diagnosed with post-traumatic stress disorder as a result of lawfully causing a death or substantial bodily harm in the line of duty are eligible for benefits under §299A.475. The benefits include up to a year’s worth of unreimbursed wage loss benefits, and a year’s worth of unreimbursed medical expense benefits for treatment related to the post-traumatic stress disorder.In addition to workers’ compensation benefits, disabled police officers, firefighters and corrections officers may be eligible for a variety of additional benefits worth hundreds of thousands of dollars. Meuser Law Office, P.A. has proudly and successfully represented hundreds of Minnesota police officers, firefighters, and corrections officers in conjunction with their claims for workers’ compensation benefits, PERA/MSRS disability benefits, health care continuation benefits, and PTSD benefits. Our experienced attorneys will help you navigate the process and make sure you know what to expect each step of the way. Contact us today for a free, no-obligation consultation and to learn more about your rights by calling 1-877-746-5680.
by Jen Yackley
More posts by Jen
$270,000 Civil Liability Settlement Procured on Behalf of a St. Louis County Deputy Sheriff
Meuser Law Office, P.A. just secured a $270,000 Civil Liability settlement on behalf of a St. Louis County Deputy Sheriff who sustained severe neck and shoulder injuries when he attempted to grab a suspect fleeing the scene of an underage drinking party on an ATV. Under a theory of vicarious liability, Meuser Law Office brought suit against the parents of the underage suspect who knew or should have known that the defendant would have access to his older brother’s alcohol and ATV, and that he would take the same. In addition to this civil liability settlement, Meuser Law Office also secured an award of PERA Police and Fire Plan Duty Disability benefits on behalf of this peace officer.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Wednesday, February 24, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled Fridley Firefighter
Meuser Law Office, P.A. has received notice of approval for PERA Police and Fire Plan Duty Disability benefits for a Fridley Firefighter who sustained several low back injuries throughout her career, including an injury while performing cold water rescue training, an injury while attempting to access a roof unit in a confined space, and an injury while performing CPR on a cardiac arrest patient.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Tuesday, February 23, 2016
Continuation of Health Insurance Benefits Under Minn. Stat. § 299A.465 Secured on Behalf of Disabled Minneapolis Police Officer
Meuser Law Office, P.A. secured approval for Continuation of Health Insurance benefits in accordance with Minn. Stat. § 299A.465 on behalf of a Minneapolis Police Officer who was deemed to be unable to continue working in a law enforcement capacity as the result of several knee and shoulder problems. Her doctors concluded that her need for bilateral knee replacement surgery was in substantial part due to her years of duties as part of the mounted patrol. Meuser Law Office also secured a substantial workers’ compensation settlement on behalf of this officer.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Monday, February 22, 2016
PERA Police and Fire and Corrections Plan Disability Benefits – Timing is Everything! If You Miss the 18-Month Filing Deadline, You Are Barred From Filing a Claim
Meuser Law Office, P.A. has proudly represented hundreds of police officers, firefighters, and corrections officers throughout the state of Minnesota in conjunction with in the line-of-duty injuries. Minnesota police officers, firefighters and corrections officers who are injured while on duty are eligible for a variety of benefits, including, but not limited to, workers’ compensation benefits, disability benefits under PERA or MSRS, and Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465.
Coordinating all aspects of your case to ensure you receive the maximum recovery from all sources of benefits is extremely complicated! It’s easy to make a mistake that can cost you hundreds of thousands of dollars.
There are several timing issues that relate to filing claims for PERA Police and Fire Plan or Corrections Plan Disability Benefits. Missing a deadline can bar you from even applying for these types of benefits! Don’t leave it to chance! Disability benefits can be worth hundreds of thousands of dollars.
You must file for disability benefits within 18 months of your termination from public service. If you miss this deadline, you cannot file for disability benefits. This rule is basically like a Statute of Limitations. If you miss this deadline, you have no claim. Period. There’s no way around this one.
Sadly, we speak with people from time to time who clearly have injuries that would otherwise have qualified for duty disability benefits, who either didn’t realize they had a claim, or worse – were advised by someone to wait, and wait and wait to file for PERA benefits. In the meantime the deadline to file for disability benefits has passed.
Our office spoke with a woman a few weeks ago who was covered under the PERA Corrections Plan. In taking to her, it was clear that she had experienced a number of very traumatic incidents in the course of her employment. She began to develop symptoms consistent with post-traumatic stress disorder (PTSD), was eventually diagnosed with the condition, and was taken off work.
This woman retained a workers’ compensation law firm to file a work comp case on her behalf. She said that her case was scheduled to go to trial in a couple months. She called our office to ask about proceeding with a claim for PERA Corrections Plan Duty Disability benefits.
Based on what we learned about her diagnosis, and the traumatic incidents in which she had been involved, it was evident that she would very likely meet the duty disability criteria for the PERA Corrections Duty Disability Plan. She had been off work for over five years by that point. I said a silent prayer that somehow she had remained an employee long after she stopped working.
Sadly, no. She had been terminated well over three years before she called Meuser Law Office, P.A. No one wants to deliver bad news – especially to someone you really want to be able to help. Our office had no choice but to tell her that she was outside the time limit within which to file for Corrections Plan Duty Disability Benefits. An application for disability benefits under the PERA Corrections Plan Duty Disability Benefits must be made within 18 months of the member’s termination from public service.
Based on what this woman’s monthly benefit would have been, a duty disability benefit would have been worth over $250,000.00 to her, tax free, over the next ten years, in addition to a retirement benefit for the rest of her life.
Please do not blow the 18 month deadline for filing for a PERA Police and Fire Plan or Corrections Plan Duty Disability Benefit! As much as our attorneys want to help in that type of situation, there is nothing that can be done. If you have a workers’ compensation lawyer who does not handle PERA, contact a lawyer who does practice in that area!
Meuser Law Office, P.A. routinely handles PERA Police and Fire Plan and Correction Plan applications and appeals for individuals who are represented by other attorneys for their workers’ compensation claims. For a free, no-obligation legal consultation, contact us today. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disability benefit law and ensure you receive the full benefits you are entitled to. Call us today at: 1-877-746-5680.
by Jen Yackley
More posts by Jen
Coordinating all aspects of your case to ensure you receive the maximum recovery from all sources of benefits is extremely complicated! It’s easy to make a mistake that can cost you hundreds of thousands of dollars.
There are several timing issues that relate to filing claims for PERA Police and Fire Plan or Corrections Plan Disability Benefits. Missing a deadline can bar you from even applying for these types of benefits! Don’t leave it to chance! Disability benefits can be worth hundreds of thousands of dollars.
You must file for disability benefits within 18 months of your termination from public service. If you miss this deadline, you cannot file for disability benefits. This rule is basically like a Statute of Limitations. If you miss this deadline, you have no claim. Period. There’s no way around this one.
Sadly, we speak with people from time to time who clearly have injuries that would otherwise have qualified for duty disability benefits, who either didn’t realize they had a claim, or worse – were advised by someone to wait, and wait and wait to file for PERA benefits. In the meantime the deadline to file for disability benefits has passed.
Our office spoke with a woman a few weeks ago who was covered under the PERA Corrections Plan. In taking to her, it was clear that she had experienced a number of very traumatic incidents in the course of her employment. She began to develop symptoms consistent with post-traumatic stress disorder (PTSD), was eventually diagnosed with the condition, and was taken off work.
This woman retained a workers’ compensation law firm to file a work comp case on her behalf. She said that her case was scheduled to go to trial in a couple months. She called our office to ask about proceeding with a claim for PERA Corrections Plan Duty Disability benefits.
Based on what we learned about her diagnosis, and the traumatic incidents in which she had been involved, it was evident that she would very likely meet the duty disability criteria for the PERA Corrections Duty Disability Plan. She had been off work for over five years by that point. I said a silent prayer that somehow she had remained an employee long after she stopped working.
Sadly, no. She had been terminated well over three years before she called Meuser Law Office, P.A. No one wants to deliver bad news – especially to someone you really want to be able to help. Our office had no choice but to tell her that she was outside the time limit within which to file for Corrections Plan Duty Disability Benefits. An application for disability benefits under the PERA Corrections Plan Duty Disability Benefits must be made within 18 months of the member’s termination from public service.
Based on what this woman’s monthly benefit would have been, a duty disability benefit would have been worth over $250,000.00 to her, tax free, over the next ten years, in addition to a retirement benefit for the rest of her life.
Please do not blow the 18 month deadline for filing for a PERA Police and Fire Plan or Corrections Plan Duty Disability Benefit! As much as our attorneys want to help in that type of situation, there is nothing that can be done. If you have a workers’ compensation lawyer who does not handle PERA, contact a lawyer who does practice in that area!
Meuser Law Office, P.A. routinely handles PERA Police and Fire Plan and Correction Plan applications and appeals for individuals who are represented by other attorneys for their workers’ compensation claims. For a free, no-obligation legal consultation, contact us today. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disability benefit law and ensure you receive the full benefits you are entitled to. Call us today at: 1-877-746-5680.
by Jen Yackley
More posts by Jen
Saturday, February 20, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled Wabasha County Sheriff’s Deputy
Meuser Law Office, P.A. just received notice of approval for PERA Police and Fire Plan Duty Disability benefits for a Wabasha County Deputy Sheriff who developed debilitating post-traumatic stress disorder (PTSD) as the result of numerous traumatic exposures throughout his career, including the deaths of a number of fellow peace officers. Notably, workers’ compensation is currently denying responsibility for his injury.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Friday, February 19, 2016
Workers’ Compensation Settlement Secured on Behalf of a City of Fridley Police Officer
As the result of a mediation, Meuser Law Office, P.A. secured a settlement agreement on behalf of a City of Fridley Police Officer who sustained several low back injuries, including an injury sustained as the result of a work-related auto collision, an injury incurred while performing use of force training exercises, and an injury while attempting to extract a woman from a hoarding situation inside her home. As a result of these back injuries, the officer had been recommended to undergo a lumbar fusion surgery. The workers’ compensation insurer denied the surgery, and initially took the position that she had fully recovered from her injuries.
Meuser Law Office, P.A. secured several expert opinions rebutting the position of the workers’ compensation insurer. As the result of a mediation, the parties settled the dispute, with the workers’ compensation insurer agreeing to accept 100% responsibility for the injury, including payment of all of this officer’s missed time from work, payment of thousands of dollars of medical bills, approval of the proposed surgery, and responsibility for ongoing wage loss benefits. Meuser Law Office also secured an award of PERA Police and Fire Plan Duty Disability benefits on behalf of this police officer.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Meuser Law Office, P.A. secured several expert opinions rebutting the position of the workers’ compensation insurer. As the result of a mediation, the parties settled the dispute, with the workers’ compensation insurer agreeing to accept 100% responsibility for the injury, including payment of all of this officer’s missed time from work, payment of thousands of dollars of medical bills, approval of the proposed surgery, and responsibility for ongoing wage loss benefits. Meuser Law Office also secured an award of PERA Police and Fire Plan Duty Disability benefits on behalf of this police officer.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Wednesday, February 17, 2016
Workers’ Compensation Settlement Secured on Behalf of Disabled Ramsey County Corrections Officer
Meuser Law Office, P.A. secured a $110,000 workers’ compensation settlement on behalf of a Ramsey County Corrections Officer who developed post-traumatic stress disorder (PTSD) after he was violently assaulted by an inmate while trapped in that inmate’s cell, unable to reach his weapons. The County initially denied any responsibility for his work injury. Meuser Law Office also secured PERA Corrections Plan Duty Disability benefits on behalf of this gentleman.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Monday, February 15, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled City of Plymouth Police Officer
Meuser Law Office, P.A. recently secured approval for PERA Police and Fire Plan Duty Disability benefits and Continuation of Health Insurance benefits in accordance with Minn. Stat. § 299A.465 on behalf of a City of Plymouth Police Officer who developed severe post-traumatic stress disorder (PTSD) after his involvement in an officer-involved shooting.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Saturday, February 13, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled Former Minneapolis Police Officer
Meuser Law Office, P.A. secured approval for PERA Police and Fire Plan Duty Disability benefits for a former Minneapolis Police Officer who developed post-traumatic stress disorder (PTSD) after he shot and killed a suspect in the line of duty. After the incident, the officer started experiencing symptoms consistent with post-traumatic stress disorder, but did not seek formal medical care. Hoping that a move away from the Twin Cities metro area would decrease his symptoms, the officer and his family moved to a smaller community, where he became a police officer. Unfortunately, despite transferring to a smaller department, he continued to experience psychological difficulty. It was ultimately determined that he was disabled from police work as a result of his condition.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Friday, February 12, 2016
Remembering Officer Jason Moszer of the Fargo, ND Police Department
On behalf of Meuser Law Office, P.A., we extend our sincerest condolences to the family, friends and colleagues of Officer Jason Moszer, 33, who has died after being shot in the line of duty. Officer Moszer was among officers responding to a domestic disturbance call that involved an armed suspect on Thursday, February 11, 2016. The suspect began shooting at the officers outside his home, killing Officer Moszer with a single gunshot wound.
Officer Moszer, a six-year veteran with the Fargo, ND police department, was a highly-decorated soldier who served in Iraq. Officer Jason Moszer, leaves behind a wife and two children.
Meuser Law Office, P.A. has represented hundreds of police officers, firefighters, state troopers, and paramedics and understand the dangers they face each day they put on their uniform. 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 his family, friends, and fellow officers in your prayers.
by Ron Meuser
More posts by Ron
Officer Moszer, a six-year veteran with the Fargo, ND police department, was a highly-decorated soldier who served in Iraq. Officer Jason Moszer, leaves behind a wife and two children.
Meuser Law Office, P.A. has represented hundreds of police officers, firefighters, state troopers, and paramedics and understand the dangers they face each day they put on their uniform. 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 his family, friends, and fellow officers in your prayers.
by Ron Meuser
More posts by Ron
Thursday, February 11, 2016
How Long Does My Injury File Stay Open?
An important aspect of your Minnesota workers’ compensation claim, particularly in conjunction with the medical expense reimbursement, is that stays with you for the rest of your life. It doesn’t matter if you continue to work with the same employer. It doesn’t matter if you continue to live in the state of Minnesota. It doesn’t matter if five years, ten years, twenty years goes by. In fact, over the years I have had numerous clients who have come back to me, contacted me and said 'hey, I had an injury to my low back 15-20 years ago and the insurance company said that my file is closed. They said that I cannot have this medical care treatment.' No matter what the insurance adjuster may tell you, your file remains open. Your future medical expenses remain open, again, for the rest of your life no matter where you live.
If your claim is denied, if the insurance company says we are not going to pay, or if the insurance company tells you that your file is closed, too much time has gone by, you must have sustained an injury while playing softball or lifting something at home, contact Meuser Law Office, P.A. because we can certainly file the claim. A lot of times people have already settled their claims on what we call a full, final, complete basis but they left open their future medical expenses. A lot of times their attorneys don’t want to continue to represent them because there is really not much more money in it for them.
At Meuser Law Office, P.A. we are here and we are dedicated to the injured worker, including police officers and firefighters injured in the line of duty. So if you have a claim, even if you’ve already settled out the other parts of the claim, we are here help you to ensure that those medical expenses get reimbursed. If you need surgery; if you need physical therapy; if you need prescription medications, we are here to ensure and force the insurance company if need be, to pay those benefits to which you’re otherwise entitled.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
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, such as future medical expenses. 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
More posts by Ron
If your claim is denied, if the insurance company says we are not going to pay, or if the insurance company tells you that your file is closed, too much time has gone by, you must have sustained an injury while playing softball or lifting something at home, contact Meuser Law Office, P.A. because we can certainly file the claim. A lot of times people have already settled their claims on what we call a full, final, complete basis but they left open their future medical expenses. A lot of times their attorneys don’t want to continue to represent them because there is really not much more money in it for them.
At Meuser Law Office, P.A. we are here and we are dedicated to the injured worker, including police officers and firefighters injured in the line of duty. So if you have a claim, even if you’ve already settled out the other parts of the claim, we are here help you to ensure that those medical expenses get reimbursed. If you need surgery; if you need physical therapy; if you need prescription medications, we are here to ensure and force the insurance company if need be, to pay those benefits to which you’re otherwise entitled.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
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, such as future medical expenses. 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
More posts by Ron
Wednesday, February 10, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled Olmsted County Deputy Sheriff
Meuser Law Office, P.A. secured approval for PERA Police and Fire Plan Duty Disability benefits and Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 on behalf of an Olmsted County Deputy Sheriff who sustained a significant arm injury while attempting to arrest an individual on a felony warrant. The arrestee became combative during the arrest procedure, causing injury to the officer. The officer ultimately required an extensive fusion surgery with hardware placement in his wrist and arm.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Tuesday, February 9, 2016
Serving Police Officers and Firefighters Throughout Minnesota: Meuser Law Office, P.A.
The Minnesota Public Employees Retirement Association (PERA) provides retirement and disability benefits for public employees in the state of Minnesota including police officers, firefighters, and corrections officers. A police officer, firefighter, or corrections officer who suffers a disabling injury in the line of duty may be eligible for PERA duty disability benefits.
PERA’s duty disability requirements are complex, and the application process can be difficult. Even after securing approval for PERA duty disability benefits, coordinating those benefits with workers’ compensation is also challenging. Making a mistake during the application process, applying for the wrong type of benefit, missing a timing deadline, or coordinating PERA improperly with workers’ compensation can cost a disabled police officer, firefighter or corrections officer tens of thousands of dollars.
Meuser Law Office, P.A., is one of the only law firms in the state of Minnesota that routinely handles PERA duty disability claims for Minnesota’s injured police officers, firefighters, and corrections officers. These benefits are worth hundreds of thousands of dollars. At Meuser Law Office, P.A. we have successfully represented hundreds of police officers, corrections officers, and firefighters throughout the State of Minnesota, including firefighters, police officers, and corrections officers from the following agencies:
• Aitkin County Sheriff’s Office
• Anoka County Sheriff’s Office
• Becker County Sheriff’s Office
• Becker Police Department
• Bemidji Fire Department
• Bertha Fire Department
• Burnsville Fire Department
• Burnsville Police Department
• Bemidji Police Department
• Big Lake Police Department
• Bloomington Police Department
• Blue Earth County Sheriff’s Office
• Brooklyn Park Police Department
• Carlton County Sheriff’s Office
• Carver County Sheriff’s Office
• Cass County Sheriff’s Office
• Chisago County Sheriff’s Office
• Columbia Heights Police Department
• Coon Rapids Fire Department
• Coon Rapids Police Department
• Crookston Police Department
• Crystal Police Department
• Duluth Police Department
• Edina Fire Department
• Faribault Police Department
• Fridley Fire Department
• Fridley Police Department
• Grand Rapids Police Department
• Hamel Fire Department
• Hennepin County Sheriff’s Office
• Hennepin County Medical Center
• Hibbing Police Department
• Hopkins Police Department
• Itasca County Sheriff’s Office
• Lakes Area Police Department
• Lakeville Police Department
• Mankato Police Department
• Mendota Heights Police Department
• Metro Airports Commission Police Department
• Metro Transit Police Department
• Minnesota Department of Natural Resources
• Minnesota State Highway Patrol
• Minneapolis Fire Department
• Minneapolis Park and Recreation Police Department
• Minneapolis Police Department
• Minnetonka Police Department
• Montgomery Police Department
• Mound Fire Department
• Mound Police Department
• Morrison County Sheriff’s Office
• New Brighton Police Department
• Newport Police Department
• North Branch Police Department
• Oakdale Police Department
• Olmsted County Sheriff’s Office
• Pine County Sheriff’s Office
• Plymouth Police Department
• Ramsey County Corrections
• Ramsey County Sheriff’s Office
• Redwood Falls Police Department
• Rochester Police Department
• Rogers Police Department
• Roseville Police Department
• Scott County Sheriff’s Office
• Sherburne County Corrections
• South Lake Minnetonka Police Department
• South Metro Fire Department
• South St. Paul Fire Department
• Springfield Police Department
• St. Louis County Sheriff’s Office
• St. Louis Park Fire Department
• St. Cloud Fire Department
• St. Cloud Police Department
• St. Paul Fire Department
• St. Paul Police Department
• Thief River Falls Police Department
• University of Minnesota Police Department
• Wabasha County Sheriff’s Office
• Wadena County Sheriff’s Office
• Waseca Police Department
• Washington County Sheriff’s Office
• West St. Paul Police Department
• Woodbury Police Department
• Wright County Sheriff’s Office
The PERA lawyers at Meuser Law Office, P.A., handle PERA disability claims at all stages of the process - from the beginning of the application phase all the way to the Minnesota Court of Appeals. If you have a Minnesota Police and Fire Plan PERA Duty Disability claim, contact the attorneys at Meuser Law Office, P.A. for a free, no-obligation legal consultation. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disability benefit law and ensure you receive the full benefits you are entitled to. Call us today at 1-877-746-5680.
by Katie Ebnet
More posts by Katie
PERA’s duty disability requirements are complex, and the application process can be difficult. Even after securing approval for PERA duty disability benefits, coordinating those benefits with workers’ compensation is also challenging. Making a mistake during the application process, applying for the wrong type of benefit, missing a timing deadline, or coordinating PERA improperly with workers’ compensation can cost a disabled police officer, firefighter or corrections officer tens of thousands of dollars.
Meuser Law Office, P.A., is one of the only law firms in the state of Minnesota that routinely handles PERA duty disability claims for Minnesota’s injured police officers, firefighters, and corrections officers. These benefits are worth hundreds of thousands of dollars. At Meuser Law Office, P.A. we have successfully represented hundreds of police officers, corrections officers, and firefighters throughout the State of Minnesota, including firefighters, police officers, and corrections officers from the following agencies:
• Aitkin County Sheriff’s Office
• Anoka County Sheriff’s Office
• Becker County Sheriff’s Office
• Becker Police Department
• Bemidji Fire Department
• Bertha Fire Department
• Burnsville Fire Department
• Burnsville Police Department
• Bemidji Police Department
• Big Lake Police Department
• Bloomington Police Department
• Blue Earth County Sheriff’s Office
• Brooklyn Park Police Department
• Carlton County Sheriff’s Office
• Carver County Sheriff’s Office
• Cass County Sheriff’s Office
• Chisago County Sheriff’s Office
• Columbia Heights Police Department
• Coon Rapids Fire Department
• Coon Rapids Police Department
• Crookston Police Department
• Crystal Police Department
• Duluth Police Department
• Edina Fire Department
• Faribault Police Department
• Fridley Fire Department
• Fridley Police Department
• Grand Rapids Police Department
• Hamel Fire Department
• Hennepin County Sheriff’s Office
• Hennepin County Medical Center
• Hibbing Police Department
• Hopkins Police Department
• Itasca County Sheriff’s Office
• Lakes Area Police Department
• Lakeville Police Department
• Mankato Police Department
• Mendota Heights Police Department
• Metro Airports Commission Police Department
• Metro Transit Police Department
• Minnesota Department of Natural Resources
• Minnesota State Highway Patrol
• Minneapolis Fire Department
• Minneapolis Park and Recreation Police Department
• Minneapolis Police Department
• Minnetonka Police Department
• Montgomery Police Department
• Mound Fire Department
• Mound Police Department
• Morrison County Sheriff’s Office
• New Brighton Police Department
• Newport Police Department
• North Branch Police Department
• Oakdale Police Department
• Olmsted County Sheriff’s Office
• Pine County Sheriff’s Office
• Plymouth Police Department
• Ramsey County Corrections
• Ramsey County Sheriff’s Office
• Redwood Falls Police Department
• Rochester Police Department
• Rogers Police Department
• Roseville Police Department
• Scott County Sheriff’s Office
• Sherburne County Corrections
• South Lake Minnetonka Police Department
• South Metro Fire Department
• South St. Paul Fire Department
• Springfield Police Department
• St. Louis County Sheriff’s Office
• St. Louis Park Fire Department
• St. Cloud Fire Department
• St. Cloud Police Department
• St. Paul Fire Department
• St. Paul Police Department
• Thief River Falls Police Department
• University of Minnesota Police Department
• Wabasha County Sheriff’s Office
• Wadena County Sheriff’s Office
• Waseca Police Department
• Washington County Sheriff’s Office
• West St. Paul Police Department
• Woodbury Police Department
• Wright County Sheriff’s Office
The PERA lawyers at Meuser Law Office, P.A., handle PERA disability claims at all stages of the process - from the beginning of the application phase all the way to the Minnesota Court of Appeals. If you have a Minnesota Police and Fire Plan PERA Duty Disability claim, contact the attorneys at Meuser Law Office, P.A. for a free, no-obligation legal consultation. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disability benefit law and ensure you receive the full benefits you are entitled to. Call us today at 1-877-746-5680.
by Katie Ebnet
More posts by Katie
Monday, February 8, 2016
Continuation of Health Insurance Benefits Under Minn. Stat. § 299A.465 Secured on Behalf of Disabled Minneapolis Police Officer
Meuser Law Office, P.A. secured approval for Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465 on behalf of a Minneapolis Police Officer who was deemed to be unable to continue working in a law enforcement capacity as the result of several knee and shoulder problems. Her doctors concluded that her need for bilateral knee replacement surgery was in substantial part due to her years of duties as part of the mounted patrol. Meuser Law Office also secured a substantial workers’ compensation settlement on behalf of this officer.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
PERA Duty Disability – Timing is Everything! Separating After You’re Approved
Meuser Law Office, P.A. has proudly and successfully represented hundreds of police officers and firefighters throughout the state of Minnesota for PERA disability and workers’ compensation claims for injuries sustained in the line of duty.
Coordinating all the different types of benefits available to injured police officers and firefighters is complicated. It’s easy to make mistakes, and those mistakes can cost hundreds of thousands of dollars.
After you’ve jumped through all the hoops, gotten all the documentation, filed your application, waited...and waited…and waited, you’ve finally gotten approved for PERA Police and Fire Plan or Corrections Plan Duty Disability benefits! But, you’re not quite done yet! You can still screw things up and accidentally mess up your claim!
After you’ve been approved for PERA Police and Fire Plan or Corrections Plan Duty Disability Benefits, you need to be physically off the job within 45 days. If you are not physically off the job, your application is cancelled, and you cannot re-apply for a period of one year based on the same condition. That means if you stay on the job even one day longer, your application is dismissed, and you went through all the work of applying for nothing. This is a deadline that you should not play around with. As a general rule, once one of our clients is approved for PERA benefits, if they are still working, we instruct them to discontinue immediately.
Note that you are not required to separate within 45 days; however, in many cases, for police officers and firefighters who are still employed by the department at the time they are approved for benefits, separating from public employment after an approval from PERA is the best option. This is because PERA benefits begin to accrue up to 90 days prior to your application, or the after you have exhausted all employer-based pay, whichever is later. For disabled police officers or firefighters who are still on the payroll, using IOD or sick and vacation time, it’s usually better to separate after you’ve been approved so that your PERA benefits begin to accrue right away, and immediately cash out any remaining sick and/or vacation time in a lump sum. In short, separating after you’re approved and cashing out your remaining accrued benefits means you get to collect the value of those benefits in a lump sum, rather than collecting them over the course of several weeks or months, and your PERA benefits begin to accrue immediately after your last check from your employer.
For police officers and firefighters who are approved for PERA Duty Disability, and who are working in a light duty capacity, the rule still requires that you physically be off the job within 45 days. However, it gets a little trickier to navigate under these circumstances. That’s because simply quitting your light duty job, or turning down an offer of a light duty assignment, may adversely affect your claim for workers’ compensation wage loss benefits. It’s a fine line to walk, and it’s easy to make a mistake at this stage, which can hurt your PERA claim, or it can hurt your workers’ compensation claim.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
by Jen Yackley
More posts by Jen
Coordinating all the different types of benefits available to injured police officers and firefighters is complicated. It’s easy to make mistakes, and those mistakes can cost hundreds of thousands of dollars.
After you’ve jumped through all the hoops, gotten all the documentation, filed your application, waited...and waited…and waited, you’ve finally gotten approved for PERA Police and Fire Plan or Corrections Plan Duty Disability benefits! But, you’re not quite done yet! You can still screw things up and accidentally mess up your claim!
After you’ve been approved for PERA Police and Fire Plan or Corrections Plan Duty Disability Benefits, you need to be physically off the job within 45 days. If you are not physically off the job, your application is cancelled, and you cannot re-apply for a period of one year based on the same condition. That means if you stay on the job even one day longer, your application is dismissed, and you went through all the work of applying for nothing. This is a deadline that you should not play around with. As a general rule, once one of our clients is approved for PERA benefits, if they are still working, we instruct them to discontinue immediately.
Note that you are not required to separate within 45 days; however, in many cases, for police officers and firefighters who are still employed by the department at the time they are approved for benefits, separating from public employment after an approval from PERA is the best option. This is because PERA benefits begin to accrue up to 90 days prior to your application, or the after you have exhausted all employer-based pay, whichever is later. For disabled police officers or firefighters who are still on the payroll, using IOD or sick and vacation time, it’s usually better to separate after you’ve been approved so that your PERA benefits begin to accrue right away, and immediately cash out any remaining sick and/or vacation time in a lump sum. In short, separating after you’re approved and cashing out your remaining accrued benefits means you get to collect the value of those benefits in a lump sum, rather than collecting them over the course of several weeks or months, and your PERA benefits begin to accrue immediately after your last check from your employer.
For police officers and firefighters who are approved for PERA Duty Disability, and who are working in a light duty capacity, the rule still requires that you physically be off the job within 45 days. However, it gets a little trickier to navigate under these circumstances. That’s because simply quitting your light duty job, or turning down an offer of a light duty assignment, may adversely affect your claim for workers’ compensation wage loss benefits. It’s a fine line to walk, and it’s easy to make a mistake at this stage, which can hurt your PERA claim, or it can hurt your workers’ compensation claim.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
by Jen Yackley
More posts by Jen
Saturday, February 6, 2016
PERA Police and Fire Plan Duty Disability Benefits Awarded to a Hennepin County Deputy Sheriff
Meuser Law Office, P.A. has been notified of approval for PERA Police and Fire Plan Duty Disability benefits on behalf of a Hennepin County Deputy Sheriff who sustained a neck injury when the squad car she was riding in as a passenger en route to perform a warrant sweep was struck by a civilian vehicle. Despite attempting to continue to working in her normal capacities as a police officer for several years, her condition worsened to the point that she was deemed to have permanent restrictions preventing her from returning to law enforcement work.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Friday, February 5, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled West St. Paul Police Officer
Meuser Law Office, P.A. secured approval for PERA Police and Fire Plan Duty Disability benefits and Continuation of Health Insurance benefits under Minn. Stat. § 299A.465 for a West St. Paul police officer who developed severely debilitating post-traumatic stress disorder (PTSD) as a result of the trauma of being involved in responding to a fellow officer’s shooting death.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Thursday, February 4, 2016
PTSD IS Covered Under Minnesota PERA
Post-traumatic stress disorder (PTSD) is a very serious and very common illness that is suffered by many of our Minnesota police officers. In our practice at Meuser Law Office, P.A., we are seeing more and more police officers who have experienced extreme critical incidence and very traumatic experiences that have resulted in the development of post-traumatic stress disorder.
by Jen Yackley
More posts by Jen
Post-traumatic stress disorder IS covered under Minnesota PERA Police and Fire Plan Duty Disability benefits. It is also covered under the Minnesota MSRS State Patrol Plan disability benefits. And now since October 1, 2013, PTSD is also covered by Minnesota workers’ compensation in many instances.
What this means is that individuals suffering from post-traumatic stress disorder are treated the same as an individual suffering from a physical injury for purposes of workers’ compensation. We at Meuser Law Office, P.A. are thrilled that our police officers who are experiencing PTSD are now entitled to the same benefits that somebody would be entitled to by virtue of a physical injury.
Since the law changed, unfortunately, there is a lot of uncertainty surrounding this area of law. Some work comp carriers appear to be accepting these claims, and some work comp carriers appear to be denying all these claims. Sit down with us to learn more about work comp and how it covers post-traumatic stress disorder.
There are various organizations in Minnesota dedicated to combatting PTSD issues in police officers and other first responders, here are just a few:
The Association of Training Officers of Minnesota (ATOM) recently offered a course titled The Effects of Trauma in the Police Profession. Richard Peterson was the instructor and the course, which was available to members and non-members, allowed the licensed peace officers within the confines of the State of Minnesota to gain awareness of the of the effects of post-traumatic stress disorder. The course also dealt with the proper way to intervene into the life of a fellow police officer who might be suffering from PTSD.
The Minnesota Association of Women Police (MAWP) is currently working on a special project titled: “Reducing the Stigma of PTSD in the Emergency Response Community.” Deputy Marcie Wacker is researching areas such as:
• Laws, regulations, or emerging legislation that enhances services to responders
• Ways to increase awareness of available information and resources
• Resources and interventions that are currently available in law enforcement
Backing the Blue Line is a non-profit organization composed of police wives dedicated to the support of the law enforcement community in Minnesota. Reg Chapman with WCCO TV recently shared a story about a retired Golden Valley police officer who was injured in the line of duty in 1972 and his experience with PTSD. See how Backing the Blue Line is helping him and his family today.
Meuser Law Office 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 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.
More posts by Jen
Wednesday, February 3, 2016
PERA Police and Fire Plan Duty Disability Benefits Secured for Disabled Minneapolis Police Officer
Meuser Law Office, P.A. secured approval for PERA Police and Fire Plan Duty Disability benefits and Continuation of Health Insurance benefits in accordance with Minn. Stat. § 299A.465 for a Minneapolis Police Officer who developed post-traumatic stress disorder (PTSD) following her involvement in a motor vehicle collision while responding to an emergency call, wherein a fellow officer was killed.
Tuesday, February 2, 2016
PERA Police and Fire Plan Duty Disability Benefits Awarded to a Minneapolis Firefighter
Meuser Law Office, P.A. just received notice of approval for PERA Police and Fire Plan Duty Disability Benefits awarded to a Minneapolis Firefighter who sustained several low back injuries throughout his firefighting career, including injuries dating back to the early 1990s. Due to his low back condition, this firefighter was ultimately unable to continue performing full duty firefighting activities.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.
Monday, February 1, 2016
MN PERA Police and Fire Plan Retirement Benefits and Workers’ Compensation Permanent Total Disability: Have You Been Underpaid?
Minnesota’s disabled police officers and firefighters are often eligible for disability benefits – either duty or regular – through the Public Employees Retirement Association (PERA) Police and Fire Plan. However, there are certain age and service limitations regulating who can apply for disability benefits. For PERA Duty Disability benefits, a member cannot apply for Duty Disability if that member is age 55 or older, and has 20 years or more of service credit. For PERA regular disability benefits, a member cannot apply for regular disability if that member is age 55 or older, and has 15 or more years of service credit.
At Meuser Law Office, P.A., it’s not uncommon to see disabled Minnesota police officers and firefighters who are ineligible for disability benefits by virtue of the age and service limitations. In those cases, instead of a disability benefit, typically those police officers or firefighters will take a PERA Police and Fire Plan Retirement benefit if they can no longer work in their position as the result of a work-related injury.
There are complicated rules that govern the interplay between Minnesota workers’ compensation benefits and public disability and retirement pension benefits. A recent law change has drastically changed the rules as to how PERA Police and Fire Plan Disability Benefits are coordinated with workers’ compensation permanent total disability wage loss benefits.
Historically, Minnesota workers’ compensation permanent total disability benefits were subject to offset based on a disabled employee’s receipt of “old age and survivors insurance benefits.” Minn. Stat. § 176.101, Subd. 4. The Minnesota Workers’ Compensation Court of Appeals traditionally interpreted this statute to include public retirement pensions and benefits, including retirement benefits under the Teachers Retirement Association (TRA), the Minnesota State Retirement System (MSRS), and the Public Employees Retirement Association (PERA).
What this meant in practice is that if an injured worker was deemed to be permanently and totally disabled within the meaning of the Workers’ Compensation Act, and that individual received a public retirement benefit under TRA, MSRS, or PERA, after the first $25,000.00 in permanent total disability wage loss benefits were paid, the workers’ compensation insurer was allowed reduce the workers’ compensation payments dollar-for-dollar based on the employee’s retirement benefit. For example, if the permanent total disability workers’ compensation benefit was the monthly equivalent of $2,500.00 per month and that same injured worker received a retirement pension of $2,000.00 per month, the workers’ compensation insurer would only have to pay the difference between the two – or $500.00 per month. In effect, this shifted the financial burden of a work injury to back to a permanently disabled injured worker. In the context of police officers and firefighters receiving PERA Police and Fire Plan Retirement Benefits, it was not uncommon to see the workers’ compensation permanent total disability benefit completely wiped out after the offset was applied.
On August 13, 2014, the Minnesota Supreme Court issued two opinions which dramatically reversed how retirement benefits are treated in the Minnesota workers’ compensation system. Ekdahl v. Independent School District #213 addressed TRA retirement benefits, and a companion case – Hartwig v. Traverse Care Center – addressed PERA retirement benefits. In short, the Court concluded that the offset rules apply only to Social Security benefits, and not other forms of retirement benefits. Note that this major change in the law also only applies to retirement benefits – not disability benefits under TRA, PERA, or MSRS.
It is clear that subsequent to these cases, any injured worker who is deemed to be permanently totally disabled for purposes of workers’ compensation will not be subject to any offset based on the receipt of PERA retirement benefits. It remains unclear, however, whether the “old” offset rules or the “new” offset rules apply to cases involving injured workers who were deemed to be permanently totally disabled prior to the Court decisions in Ekdahl and Hartwig. Are these individuals entitled to have the offsets cease after the issuance of the Ekdahl and Hartwig decisions? Or, do they have a claim for an underpayment and recoupment of offsets that were deducted by the workers’ compensation insurer prior to the Ekdahl and Hartwig decisions? These are questions that have not yet been answered by the Courts.
What is clear is that if you are a retirement beneficiary and are receiving a retirement through PERA, and you are also receiving permanent total disability workers’ compensation benefits, it is imperative that you consult with an experienced Minnesota workers’ compensation attorney. You may be eligible for a higher weekly workers’ compensation benefit amount, or you may even be entitled to a substantial back payment of workers’ compensation benefits. If you are a retired Minnesota police officer or firefighter who is receiving PERA retirement benefits, and who is also receiving permanent total disability wage loss benefits from the workers’ compensation insurer, contact us today to find out if you are eligible for additional benefits.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
by Jen Yackley
More posts by Jen
At Meuser Law Office, P.A., it’s not uncommon to see disabled Minnesota police officers and firefighters who are ineligible for disability benefits by virtue of the age and service limitations. In those cases, instead of a disability benefit, typically those police officers or firefighters will take a PERA Police and Fire Plan Retirement benefit if they can no longer work in their position as the result of a work-related injury.
There are complicated rules that govern the interplay between Minnesota workers’ compensation benefits and public disability and retirement pension benefits. A recent law change has drastically changed the rules as to how PERA Police and Fire Plan Disability Benefits are coordinated with workers’ compensation permanent total disability wage loss benefits.
Historically, Minnesota workers’ compensation permanent total disability benefits were subject to offset based on a disabled employee’s receipt of “old age and survivors insurance benefits.” Minn. Stat. § 176.101, Subd. 4. The Minnesota Workers’ Compensation Court of Appeals traditionally interpreted this statute to include public retirement pensions and benefits, including retirement benefits under the Teachers Retirement Association (TRA), the Minnesota State Retirement System (MSRS), and the Public Employees Retirement Association (PERA).
What this meant in practice is that if an injured worker was deemed to be permanently and totally disabled within the meaning of the Workers’ Compensation Act, and that individual received a public retirement benefit under TRA, MSRS, or PERA, after the first $25,000.00 in permanent total disability wage loss benefits were paid, the workers’ compensation insurer was allowed reduce the workers’ compensation payments dollar-for-dollar based on the employee’s retirement benefit. For example, if the permanent total disability workers’ compensation benefit was the monthly equivalent of $2,500.00 per month and that same injured worker received a retirement pension of $2,000.00 per month, the workers’ compensation insurer would only have to pay the difference between the two – or $500.00 per month. In effect, this shifted the financial burden of a work injury to back to a permanently disabled injured worker. In the context of police officers and firefighters receiving PERA Police and Fire Plan Retirement Benefits, it was not uncommon to see the workers’ compensation permanent total disability benefit completely wiped out after the offset was applied.
On August 13, 2014, the Minnesota Supreme Court issued two opinions which dramatically reversed how retirement benefits are treated in the Minnesota workers’ compensation system. Ekdahl v. Independent School District #213 addressed TRA retirement benefits, and a companion case – Hartwig v. Traverse Care Center – addressed PERA retirement benefits. In short, the Court concluded that the offset rules apply only to Social Security benefits, and not other forms of retirement benefits. Note that this major change in the law also only applies to retirement benefits – not disability benefits under TRA, PERA, or MSRS.
It is clear that subsequent to these cases, any injured worker who is deemed to be permanently totally disabled for purposes of workers’ compensation will not be subject to any offset based on the receipt of PERA retirement benefits. It remains unclear, however, whether the “old” offset rules or the “new” offset rules apply to cases involving injured workers who were deemed to be permanently totally disabled prior to the Court decisions in Ekdahl and Hartwig. Are these individuals entitled to have the offsets cease after the issuance of the Ekdahl and Hartwig decisions? Or, do they have a claim for an underpayment and recoupment of offsets that were deducted by the workers’ compensation insurer prior to the Ekdahl and Hartwig decisions? These are questions that have not yet been answered by the Courts.
What is clear is that if you are a retirement beneficiary and are receiving a retirement through PERA, and you are also receiving permanent total disability workers’ compensation benefits, it is imperative that you consult with an experienced Minnesota workers’ compensation attorney. You may be eligible for a higher weekly workers’ compensation benefit amount, or you may even be entitled to a substantial back payment of workers’ compensation benefits. If you are a retired Minnesota police officer or firefighter who is receiving PERA retirement benefits, and who is also receiving permanent total disability wage loss benefits from the workers’ compensation insurer, contact us today to find out if you are eligible for additional benefits.
Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.
by Jen Yackley
More posts by Jen
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