PERA Police and Fire Plan Duty Disability Benefits Secured on Behalf of a Disabled Faribault Police Officer

Meuser Law Office, P.A., has just been notified of approval for PERA Police and Fire Plan Duty Disability Benefits awarded to a Faribault Police Officer who suffered a disabling back injury when his squad car was hit by a civilian driver while he was assisting motorists during a snowstorm. In addition to the award of PERA Duty Disability Benefits, Meuser Law Office, P.A., also secured a workers’ compensation settlement and a civil liability settlement on behalf of this injured police officer.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Minnesota State Troopers and Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is extremely common amongst our State’s first responders, including State Troopers. It is a psychological condition that can occur as the result of exposure to extreme trauma – usually involving exposure to actual or threatened death, serious injury, or sexual violence, either by directly experiencing the traumatic event, witnessing the event, learning that the event occurred to a close family member or a friend, or being exposed to the details and aftermath of the event. For peace officers, this often involves repeated traumatic exposures through a person’s career in law enforcement.

The symptoms of post-traumatic stress disorder include the following:

• Intrusion symptoms. These symptoms can include recurrent, involuntary, and intrusive distressing memories of the traumatic event, recurrent distressing dreams or nightmares, flashbacks, or physiological and/or psychological distress when faced “triggers” that remind a person of the event.
• Avoidance symptoms and behaviors. This includes the avoidance of, or efforts to avoid distressing memories, thoughts, or feelings associated with the traumatic event, or avoidance of, or efforts to avoid external reminders, such as people, places, activities, objects, or situations, that arouse distressing memories, thoughts, feelings associated with the traumatic event.
• Negative alterations in cognitions and/or mood associated with the traumatic event. This can include dissociative amnesia, or an inability to remember an important aspect of the traumatic event, persistent and exaggerated negative beliefs or expectations about oneself, others, or the world, persistent, distorted cognitions about the cause or consequences of the traumatic event that lead the individual to blame himself/herself or others, persistent negative emotional state, such as fear, horror, anger, guilt, or shame, markedly diminished interest or participation in significant activities, feelings of detachment or estrangement from others, or persistent inability to experience positive emotions.
• Arousal symptoms. These symptoms can include irritable behavior and angry outbursts, reckless or self-destructive behavior, hyper-vigilance, exaggerated startle response, problems with concentration, or sleep disturbance.

While things have improved over the last decade or so, unfortunately, there is still a significant stigma associated with seeking help for mental health issues. This is particularly so amongst law enforcement, where people experience feelings of guilt or shame about seeking help for mental health issues. Far too often, peace officers wait until a crisis has occurred before getting help. That could be a run-in with the law, such as a DWI, a gambling problem that reaches a crisis level, an alcohol problem that reaches a tipping point, a break down in marital relations, trouble at work – such as use of excessive force complaints – or even, sadly, a threat of suicide or a suicide attempt. Please do not wait until there is a crisis to get help!

We frequently speak with peace officers who explain that they’ve put off seeking medical help because they thought they would just “get over it” with time, that they were afraid of what their colleagues and superiors would say, or they were afraid that they would lose their job if their employer found out that they were seeking mental health treatment. Getting help early on gives you the best chance of a full recovery to allow you to continue on in your career. We can help you arrange a confidential evaluation with a medical professional experienced with helping law enforcement personnel.

Armed with more information about your condition, and recommendations regarding medical care, you can then make an informed decision as to how best to proceed. If you wait until a crisis occurs, you may lose the ability to have some level of control over your future. At that point, if your employer requests that you undergo a Fitness for Duty Evaluation, and you are found to be unfit for duty due to a psychological condition, you’re already two steps behind the ball.

Know that a diagnosis of post-traumatic stress disorder does not necessarily mean the end of your career. It also doesn’t mean financial ruin. If you cannot return to law enforcement as the result of a diagnosis of post-traumatic stress disorder, you may be eligible for workers’ compensation benefits, including medical expenses benefits and wage loss benefits, as well as State Patrol Plan Duty Disability Benefits and Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465.

Post-traumatic stress disorder can be somewhat more complicated to handle in the Minnesota workers’ compensation system than other types of injuries. If you believe you may have work-related post-traumatic stress disorder, or you have been diagnosed with post-traumatic stress disorder, please consider consulting with a workers’ compensation attorney who has experience handling PTSD claims on behalf of State Troopers before filing your claim to ensure your rights are protected. For a free, confidential, no-obligation consultation, contact Meuser Law Office, P.A. today at 1-877-746-5680.

by Jen Yackley
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Workers' Compensation Settlement Secured on Behalf of a Disabled Woodbury Police Officer

Meuser Law Office, P.A. recently obtained a $120,000 workers' compensation settlement on behalf of a Woodbury Police Officer who developed post-traumatic stress disorder (PTSD) as a result of exposure to numerous traumatic events throughout his career. This case involved significant legal questions as to whether his injury occurred before or after the law change of October 1, 2013, which resulted in workers' compensation coverage for PTSD injuries in Minnesota.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Types of Benefits for Minnesota Workers’ Compensation

At Meuser Law Office, when we initially meet with new clients, we like to take the time to sit down, meet with them, field their questions that they may have and explain to them what types of benefits are potentially available to them under the Minnesota Workers’ Compensation system. First, there are a couple different types of wage loss benefits. Wage loss benefits are all based on what is called an average weekly wage. An average weekly wage is calculated based on what the injured worker was making 26 weeks before the date of injury.  This should include overtime if the overtime was regular and this should also include if the employee was working at a different job as well. Insurers typically don’t include overtime and other wages, therefore it’s important to get a lawyer who will help get a higher average weekly wage.



A couple different types of benefits are:

• Temporary Total Disability. That’s that time you are completely off of work and it is 2/3 of your average weekly wage, non-taxable.
• Temporary Partial Disability. If you go back to work and you’re not working in the same capacity you were and you’re earning less or at a different job, that is 2/3 of the difference of what you were making at the time of the injury subtracted from what you are making now, also non-taxable.
• Permanent Total Disability. This is another type of wage loss benefit paid out in a weekly basis and that is paid the same rate as a temporary total disability.

In workers’ compensation there is no pain and suffering so the legislature put together a benefit known as Permanent Partial Disability (PPD) and that is to compensate you for the loss or use or function of a body part and is paid out as a lump sum.

Employees are also entitled to rehabilitation benefits that include the services of a QRC, a Qualified Rehabilitation Consultant.  A QRC helps with medical management, going with the employee to their appointments, helps to keep the insurance company and the employee’s attorney informed of what is going on as well as helps to make sure the job the employee is doing is actually physically suitable and within their restrictions. If the employee cannot go back to the date of injury employer, the QRC helps them find new employment doing job searches and assists them with that.

There is also a benefit known as retraining. Retraining is very rare in the Minnesota workers’ compensation system, but if the injuries are so serious that the employees sustained and the employee is a high wage earner and there is no way they can get back to the same wage they were making before the injury then there is a potential that the insurance company would have to pay for the employee to get retrained.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. If you believe that your employer has miscalculated your wage loss benefits or simply want to double check, contact an attorney at Meuser Law Office, P.A. for a free, no-obligation consultation. Our knowledgeable attorneys handle Minnesota workers’ compensation cases on a daily basis and are very familiar with the most current laws and calculations to determine your average wage.  We will ensure you receive the full benefits you are entitled.  Call us today at 1-877-746-5680.

by Mary Beth
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Workers’ Compensation Settlement Secured on Behalf of Disabled Faribault Police Officer

Meuser Law Office, P.A., recently secured a workers’ compensations settlement of $47,000 on behalf of a Faribault Police Officer who sustained a disabling back injury as the result a crash while assisting civilian drivers during a snowstorm.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Police Officers and Firefighters - Come In for a Financial Check-Up Before You Retire

The standard retirement age for a police officer or firefighter working in the State of Minnesota is 55 years of age. This is ten years earlier than the presumed retirement age for civilian workers. Why the difference? Police officers and firefighters have very physically and mentally strenuous jobs, and generally speaking, cannot continue to perform these job duties as they near their sixties.

The Minnesota legislature recognizes the age of 55 as a “tipping point” for police officers and firefighters, and this is the reason for the earlier presumed retirement age. This is also one of the reasons that the legislature carved out other benefits specific to police officers and firefighters injured in the line of duty. It is of utmost importance the police officers and firefighters understand their options before reaching the presumed retirement age of 55. Not knowing your options could result in the loss of hundreds of thousands of dollars-worth of benefits. Unfortunately, this is a reality we at Meuser Law Office, P.A. have seen play out several times in our practice. In hopes to educate the police officers and firefighters nearing retirement age, the attorneys at Meuser Law Office, P.A. are happy to sit down with people and review their financial options, even if they are not confident they sustained a work-related injury.

As an attorney, when I meet with you as a client, I will always consider whether you have sustained an injury that could constitute a “Duty Disability” in accordance with Minn. Stat. § 353.656, subd. 1, because these benefits could have a huge impact on your future standard of living. In a nutshell, a Minnesota police officer or firefighter 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 one year may be eligible for disability benefits under the PERA Police and Fire Plan. A “disability” could be a specific injury, such as a back injury from lifting a patient on a medical run. Or, a “disability” could be an injury to the back that came on over time and does not have a specific injury or cause.  For example, a police officer working on mounted patrol for ten years who over time develops pain and loss of function in the knee could be approved for a Duty Disability benefit. The same is true for a firefighter who worked on the rig for two decades who developed lower back pain over time. Each of these injuries could constitute a Duty Disability and could entitle the police officer or firefighter to 60 percent of his or her highest five years of salary, non-taxable, through the age of 55 or for the next five years. If the police officer or firefighter has over twenty years of service credit, he or she would be entitled to an additional three percent for each year of service over twenty years (or an additional 0.25 percent for each month of service over twenty years).

Compare this financial scenario to an officer who is experiencing problems with his knee or back but decides to “tough it out” and wait until age 55 to retire. This officer who held out for retirement would receive 60 percent of his high five, or more based upon how many years of service he or she has over twenty years; however, the officer’s benefits would be taxable. This results in an overall monetary loss to the officer because he or she decided to “tough it out” until retirement age. This is especially true once you take into consideration the continuation of health care benefits, which is another huge benefit available to those who have been approved for Duty Disability benefits.

Under Minn. Stat. § 299A.465, Minnesota police officers and firefighters are eligible for health insurance continuation benefits if they are determined to be eligible for PERA Duty Disability benefits. This benefit provides for continued health insurance benefits under the police officer or firefighter’s employer through the age of 65. In other words, the employer is responsible for continuing to pay its share of the health insurance premium for individual or family health care coverage as if the police officer or firefighter were still with the department.

Many police officers and firefighters have never even heard of PERA Duty Disability benefits, and if they have, they don’t know the full extent of the benefits potentially available to them if they are approved. In addition, many more police officers and firefighters assume that they’re not eligible to apply for a disability benefit. The incorrect assumptions about eligibility for disability benefits are endless—for example: “I can’t apply because I am not completely disabled.” The legislature does not require a police officer or firefighter to be completely disabled to apply for disability benefits. Other incorrect assumptions frequently heard are:

• “I didn’t apply for disability benefits because I didn’t report the injury at the time.” 
• “Workers’ compensation denied my benefits so I assumed PERA would too.”
• “I just have low back pain. I didn’t have a specific injury or incident so I cannot apply for a duty disability benefit.” 

None of these scenarios are deal-breakers, the attorneys at Meuser Law Office, P.A. have gotten dozens of police officers and firefighters facing the same obstacles approved for Duty Disability benefits. It is worth your time to call and determine your options regarding your financial future.

If you have a Minnesota Police and Fire Plan PERA Duty Disability claim, contact Meuser Law Office, P.A. for a free, no-obligation legal consultation by calling 1-877-746-5680. 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.

by Ashley Biermann
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PERA Police and Fire Plan Duty Disability Benefits Secured on Behalf of a Disabled St. Paul Police Officer

Meuser Law Office, P.A. just received notice of approval for PERA Police and Fire Plan Duty Disability Benefits on behalf of a St. Paul Police Officer who sustained a back injury dating back over ten years ago. He had worked for several years in a light duty position, but eventually his condition worsened to the point that he could no longer perform light duty.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Overview of Benefits Available to State Troopers Who Sustain In-the-Line-of-Duty Injuries

There are several types of benefits available to State Troopers who are injured in the line of duty, depending on the individual circumstances of the case. It can be complicated to coordinate these different types of benefits to ensure you are maximizing your financial recovery. Working with an attorney experienced in this area of the law is always best. Here is a brief overview of the benefits available to State Troopers:

1. Workers’ Compensation Benefits. All Troopers who sustain work-related injuries are covered by Minnesota workers’ compensation. Workers’ compensation benefits include payment for reasonable and necessary medical expenses, wage loss benefits – including temporary total disability, temporary partial disability, and even permanent total disability benefits, rehabilitation benefits – including the assistance of a Qualified Rehabilitation Consultant (QRC) and possibly retraining benefits, and permanent partial disability benefits. Workers’ compensation benefits are non-taxable.

2. MSRS State Patrol Plan Duty Disability Benefits. If a State Trooper sustains an injury while performing “inherently dangerous duties,” and that injury results in a disability that is expected to prevent the Trooper from returning to full duty for a period of at least a year, that Trooper may be eligible for State Patrol Plan Duty Disability Benefits. State Patrol Plan Duty Disability Benefits are payable at a base rate of 60% of the Trooper’s high-five salary. These benefits are non-taxable through age 55 or for five years, whichever is longer. There are complex rules that govern the coordination of MSRS Duty Disability Benefits with workers’ compensation benefits.

3. Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465. A Minnesota State Trooper who is determined to be eligible for MSRS State Patrol Plan Duty Disability Benefits is also eligible for Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465. This benefit requires the State to continue to pay its share of the Trooper’s health insurance premiums through age 65.

4. Third-Party Liability Claims. Given the sheer amount of time Minnesota State Troopers spend on the road, all too often, Troopers sustain serious or even career-ending injuries as the result of an auto collision. If there is a third party at fault for the collision, the Trooper may have a civil liability claim against the at-fault third party, in addition to his or her claims for workers’ compensation, MSRS Duty Disability Benefits, and Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465. A civil liability claim against an at-fault third party allows the injured State Trooper to claim damages such as pain and suffering and loss of enjoyment of life that are not covered by other sources. If the at-fault party has inadequate insurance coverage to compensate an injured Trooper for his or her losses, there may be additional claims for underinsured coverage.

5. Other Disability Benefits. State Troopers may also have access to other sources of disability benefits, including PTSD Benefits under Minn. Stat. § 299A.475, which provides compensation for up to a year’s worth of unreimbursed wage loss and medical expense if a Trooper lawfully takes a life or causes substantial bodily harm in the line of duty. State Troopers may also be covered by Short-Term or Long-Term Disability policies or Accidental Death and Dismemberment insurance policies.

To illustrate, Meuser Law Office, P.A. recently represented a State Trooper who sustained serious injuries when she was hit head-on by an at-fault civilian driver. Her medical expenses and wage loss were covered by Minnesota workers’ compensation, and she was ultimately able to recover a substantial workers’ compensation settlement. In addition, because her injuries ultimately resulted in her permanent disablement from returning to law enforcement, she was also approved for MSRS State Patrol Plan Duty Disability Benefits and Continuation of Health Insurance Benefits. She also received a monthly benefit from her Long-Term Disability Insurance. Finally, she sued the at-fault driver and recovered a settlement worth several hundred thousand dollars.

If you are a Minnesota State Trooper who has sustained serious work-related injuries, contact Meuser Law Office, P.A. today at 877-746-5680 to schedule a free, no-obligation consultation to discuss your potential claims for benefits. Our knowledgeable attorneys will help you understand the often confusing Duty Disability benefits law and ensure you receive the full benefits you are entitled to.

by Jen Yackley
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PERA Police and Fire Plan Duty Disability Benefits Secured on Behalf of an Olmsted County Deputy Sheriff

Meuser Law Office, P.A., has received notice of approval for PERA Police and Fire Plan Duty Disability Benefits on behalf of an Olmsted County Deputy Sheriff who developed disabling post-traumatic stress disorder (PTSD) as the result of exposure to numerous traumatic events throughout her law enforcement career.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

PERA Police and Fire Plan Duty Disability Benefits Secured on Behalf of a Minneapolis Firefighter

Meuser Law Office, P.A., has received notice of approval for PERA Police and Fire Plan Duty Disability Benefits on behalf of a Minneapolis Firefighter who sustained a number of neck and back injuries over the course of her career – the most recent of which occurred while she was helping to physically move an emergency medical patient and slipped on a wet kitchen floor inside the patient’s home. As a result of her injuries, she developed severe and chronic neck and back pain that has disabled her from returning to full duty firefighting work.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Am I a Candidate for Retraining?

Clients frequently contact us and wonder if he or she is a candidate for retraining. Under Minnesota Statute §176.011, subdivision 17a, retraining is a workers’ compensation benefit that provides formal training in a school setting to injured workers in an effort to return injured workers back to suitable gainful employment. While available under the statute, retraining is rarely awarded in Minnesota and not every injured worker is eligible for retraining benefits.

A workers’ compensation judge evaluates each injured worker’s case under the “Poole factors” detailed below:

(1) the reasonableness of a retraining program in comparison to the employee finding another job through placement services with the assistance of a qualified rehabilitation consultant (QRC)

(2) the likelihood of the injured worker will succeed in a formal school setting, given his or her abilities and interests

(3) the likelihood that the injured worker will reasonably procure employment after the retraining program

(4) the likelihood that the retraining program will return the injured worker back to an economic status to which the injured worker had before the injury.

Poole v. Farmstead Food, 42 W.C.D. 970, 978 (1989).

A Qualified Rehabilitation Consultant (QRC) will first assist an injured worker in conducting a diligent job search and determine if a position can be found near the injured worker’s pre-injury wage in a field that the injury worker has the mental skills and physical ability to perform. If it is determined that it is unlikely without additional formal training that the employee will be able to find suitable employment the QRC may prepare a formal retraining proposal. This is another instance in which it’s important for the employee to choose the QRC and not the employer and insurer.

Retraining programs can include programs ranging from vocational technical certifications to a four-year bachelor’s degree. The cost of a proposed training program is weighed against the costs of the traditional approach to rehabilitation under the Minnesota Workers’ Compensation Act. During the retraining program the employee is also entitled to monetary compensation, which is the equivalent to temporary total disability benefits or 2/3 of the injured worker’s average weekly wage, nontaxable, or wages 26 weeks before the date of injury. Because this is a costly process the employer and insurer will not volunteer to start paying for a retraining program and the fight for a retraining program which can drag on for years.

Frequently our clients who are police officers or firefighters and are unable to return to work after a disabling injury inquire as to whether or not he or she would be able to receive retraining benefits. While the length of time the employee will be able to work in the future career is not a measurement to retraining, and PERA disability benefits are not considered in determining an employee’s eligibility for retraining assistance under Erickson v. City of St. Paul, it still may not be to the employee’s benefit to complete a retraining program. Slip. op. No. WC06-258 (W.C.C.A. Apr. 16, 2007). The offsets between PERA Duty Disability benefits and workers’ compensation are complicated and differ based on the employee’s work status. Sometimes it makes more sense financially for an injured worker to take a lump sum settlement and pursue school on his or her own and not under the Minnesota workers’ compensation system.

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

Meuser Law Office, P.A., has received notification of approval for PERA Police and Fire Plan Duty Disability Benefits for a South Metropolitan Firefighter who injured his back while racing to put on his turnout gear to respond to a fire alarm. Unfortunately, despite several extensive back surgeries, this firefighter was deemed to be permanently disabled from returning to full duty firefighting work.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

What Are the Primary Tools for Settlement in Workers’ Compensation?

The two primary tools to achieve a settlement in a workers’ compensation case are settlement conferences and mediations. Settlement conferences and mediations are effective tools that can help adverse parties reach a mutually-agreeable resolution. In recent years, a greater number of police officers, firefighters, and other first responders injured in the line of duty are using mediation to settle their claims.

In this article I will discuss the differences between the two tools and which process may be more appropriate for your case.

SETTLEMENT CONFERENCES:

What?
A settlement conference is an informal opportunity for parties to attempt to resolve issues in dispute or the entire claim. In a settlement conference, a workers’ compensation judge serves as a neutral party to help the parties reach a settlement. The judge will hear both sides of the case and help the parties recognize the strengths and weaknesses of their respective claims and defenses. In doing so, the judge does not order the parties to agree to any specific terms nor does the judge make a decision on the merits of the case. A settlement conference is simply an opportunity for the parties to be in the same room with one another with the sole objective of resolving the issues in dispute or the claim as a whole.

Where?
Settlement conferences are held at the Office of Administrative Hearings in St. Paul. If the parties are unable to attend the settlement conference in person, the conference may also be scheduled by telephone.

When?
A settlement conference is scheduled to last one hour. This conference is automatically scheduled by the Office of Administrative Hearings four to six months after the Claim Petition or Medical Request is filed.

What should I expect?
A settlement conference is not appropriate in all cases. Many times, settlement conferences are “continued” or postponed to allow time for a pending surgery or ongoing medical treatment. It is also common for settlement conferences to be cancelled when the parties agree that there is no possibility of settlement. In this case, the parties will ask that the case be put on the trial calendar for a hearing. This happens frequently when the primary dispute is a proposed surgery or medical procedure because there is no real way to compromise. For example, the insurer will either pay for the employee to undergo a fusion surgery and the related care or it will refuse to pay for care.
Additionally, settlement conferences may not be appropriate in high value or complex cases. Settlement conferences are only an hour long and this may not provide the parties with enough time to work through all of the issues in dispute.

MEDIATIONS:

What?
Mediation is the more formal than a settlement conference and is typically used in complicated or high value cases. Mediation is always a voluntary process and one will not be automatically scheduled by the Office of Administrative Hearings. After choosing to mediate the claim, the involved parties will choose a mediator that is agreeable to both the employee and the employer. The mediator is typically an attorney or a judge who has many years of practice in the area of workers’ compensation.

Prior to the mediation, the employee's attorney will submit a detailed case summary and “settlement demand” to the insurance company. This settlement demand is usually the starting offer by the employee during the mediation.

During the mediation, the parties will be in two separate rooms and the mediator will serve as the “go-between,” relaying the offers, counter-offers and respective positions of the parties. The mediator will only disclose information that he or she has been specifically authorized to disclose. In addition, if the parties are unable to reach a settlement, the offers back and forth between the parties will be kept strictly confidential and are not admissible at hearing.

Where?
The mediation may take place at the mediator’s office, at one of the attorneys’ offices or at a neutral site. In most cases the mediation will occur at the office of the employee’s attorney, the Department of Labor and Industry or the Office of Administrative Hearings.

When?
A mediation can be scheduled at any point so long as all parties agree to participate; however, parties typically schedule mediations after discovery has been completed and the case is proceeding toward a formal hearing.

What should I expect?
Most mediations are scheduled to last three hours; however, this may vary depending on the complexity of the issues and the value of the case. Even if a settlement is not ultimately reached during mediation, the process is still often helpful. Many times, it’s a good way to find out to how each party is evaluating the case, both in terms of value and in terms of liability.

Don’t wait to get an attorney involved if you are an injured police officer or firefighter and 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 by calling our office at 1-877-746-5680. 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.

by Ashley Biermann
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Workers' Compensation Settlement Secured on Behalf of Disabled Minneapolis Firefighter

Meuser Law Office, P.A. recently obtained a $110,000 settlement on behalf of a disabled Minneapolis Firefighter who developed a disabling knee condition as the result of several work-related knee injuries throughout his long career as a Firefighter. Based on the opinion of their IME, the City denied responsibility for this gentleman's knee condition. Meuser Law Office also secured an award of PERA Police and Fire Plan Duty Disability Benefits and Healthcare Continuation Benefits on behalf of this Firefighter.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

PERA Police and Fire Plan Duty Disability Benefits Secured on behalf of a Minneapolis Firefighter

Meuser Law Office, P.A., just received notice of approval for PERA Police and Fire Plan Duty Disability benefits for a Minneapolis Firefighter who sustained several shoulder and ankle injuries throughout his career. Ultimately, these conditions worsened to the point that this firefighter was unable to continue working full duty.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Can I Sue a Suspect Who Injures Me While Resisting Arrest?

Unfortunately, police officers are often injured when interacting with members of the public. According to the National Law Enforcement Officers Memorial Fund on average, police officers across the country suffer 15,404 injuries per year. Police officers and deputy sheriffs are often aware that they may be entitled to workers’ compensation benefits but in certain circumstances he or she may also be able to recover against the suspect as well.

First, if you were injured in the course and scope of your employment you would be entitled to workers’ compensation benefits. Workers’ compensation benefits include: certain limited wage loss benefits, medical benefits, and rehabilitation benefits. The city or county provide these benefits through their workers’ compensation insurance carrier. Many cities and counties are self-insured to some extent and will commonly use a third-party administrator to handle the claim. Workers’ compensation is governed by administrative law and in the state of Minnesota is organized under the Minnesota Workers’ Compensation Act.

Next, if you were injured by a suspect, you were almost certainly conducting inherently dangerous duties specific to police officers or deputy sheriffs, which may entitle you to PERA Duty Disability benefits if you are unable to return to work as a police officer for a period of at least one year. PERA Duty Disability benefits are a non-taxable benefit up till age 55, at which time it converts into a regular retirement benefit. If you meet the requirements of PERA Duty Disability benefits then you may also be eligible for the continuation of health care under Minnesota Statute § 299A.465. The continuation of health care provides for health care coverage for you and your family until age 65 as if you were still employed by the city or county.

Workers’ compensation is an exclusive remedy, which means that you cannot bring a civil suit against your employer if you were injured in the course and scope of your employment. Even if your employer’s negligence caused your injury, you still cannot sue your employer or an agent of your employer. But, if a third-party, meaning someone other than your employer, is at fault then you can bring a civil suit against the third-party.

So, if you are a police officer or a deputy sheriff injured while attempting to arrest a fleeing suspect and the suspect caused your injury then you may recover against him or her. However, the person could be “judgment proof” meaning there’s no money from which to recover even if you were to win your suit in court. While intentional acts or torts are included by insurance policies, if the person’s negligent acts injured the police officer or deputy sheriff, you may be able to recover against the homeowner’s insurance policy, if available. Damages in cases where the police officer is no longer able to return to work in the same capacity can be very high.

At Meuser Law Office, P.A. we have successfully represented police officers and deputy sheriffs against negligent third-parties in civil personal injury cases who have attempted to flee or resist arrest and even more commonly in cases where the officer was injured in a car accident while on duty, in these same cases we have also successfully procured PERA Duty Disability benefits, Health Care Continuation benefits under Minnesota Statute § 299A.465, and workers’ compensation benefits. In these types of specialized cases it’s important to choose a firm that regularly handles these complicated cases and are experienced in coordinating all the benefits available to you. Contact Meuser Law Office, P.A. today for a free no-obligation case evaluation by calling 1-877-746-5680.

 by Mary Beth
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$50,000 Civil Liability Settlement Procured on Behalf of a Faribault Police Officer

Meuser Law Office, P.A., recently secured a $50,000 civil liability settlement against the at-fault driver who crashed into a Faribault Police Officer who was assisting the State Highway Patrol with responding to crashes during a snowstorm. In addition to the civil liability settlement, Meuser Law Office, P.A., also secured PERA Police and Fire Plan Duty Disability benefits, Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465, and a workers’ compensation settlement 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.

What Should I Do If I am a Minnesota State Trooper and I am Injured in the Line of Duty?

For State Troopers who have suffered an on-duty injury, there are specific initial steps that need to be followed for purposes of complying with the Minnesota workers’ compensation rules:

1. Immediately call 911 and/or seek emergency medical care for any serious or life threatening illness or injuries.
2. Report your injury to your supervisor. There are several forms that your employer must provide to you, including the Workers’ Compensation Information and Privacy Statement, which you must sign and return, and the Employee Statement Regarding Injury/Illness/Incident, which you must complete and return. Your supervisor will also provide you with a packet of information called the Workers’ Compensation Employee Information Packet, which contains several informational documents.
3. Your supervisor must then complete an Incident/Injury/Illness Data Form, and submit it to the workers’ compensation claims administrator.
4. Seek medical care. Minnesota State Troopers are covered under a managed care program administered by Corvel. You can seek initial care through a Corvel-network medical provider for your initial medical evaluation, or you can seek care with a provider with whom you have treated twice in the last two years. In other words, you can seek initial medical care with a family physician or other medical practitioner with whom you have previously treated. The managed care program administered by Corvel has specific rules about when a change in treating physicians can take place, and when medical care can be sought outside the network.
5. Procure a workability report from your physician and provide it to your supervisor. If your doctor takes you off work, or places restrictions on your work activities, provide a copy of the workability report to your supervisor.
6. If your injury is serious – i.e., is expected to result in more than a few days off work, is expected to result in a surgery, or may result in long-term limitations, consider contacting an experienced workers’ compensation attorney for a free no-obligation consultation.

Even if it doesn’t seem like a serious injury at the time, report it! All too often we meet with State Troopers who had injuries that they failed to report because the injuries didn’t seem serious at the time. Failure to report an injury can preclude you from claiming it at a later date if it turns out to be more serious than you realized at the time.

If you have questions about how to report your injury, the attorneys at Meuser Law Office, P.A. can assist you with the process.

Helpful Hints for Your Workers’ Compensation Claim:

1. If you miss time off from work as a result of your injury, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC). You have the right to choose your own QRC, and it’s imperative that you exercise the right to select your own! If the State assigns you a QRC, you are allowed to change QRC’s as a matter of right within 60 days. Beyond that point, it becomes much harder – if not impossible to change QRCs.
2. Workers’ compensation wage loss benefits are payable when you’re completely off work as the result of a work-related injury, or if you’re experiencing a reduction in your earnings as a result of your injury. The State may pay out IOD and/or sick or vacation time to cover the difference between your workers’ compensation benefit and your normal salary.
3. If your workers’ compensation claim is denied by Risk Administration, contact a workers’ compensation attorney. It is extremely unlikely that you will be able to get them to reverse their decision without filing a formal claim.
4. If you receive notice of being scheduled for an “Independent Medical Examination,” (IME), it’s time to speak with an attorney. Generally, you are required to attend an IME. Being scheduled for an IME is a huge red flag warning that workers’ comp is looking for a way to cut off your benefits.
5. Keep track of all mileage and out of pocket expenses associated with your medical care. These expenses are generally 100% reimbursable under Minnesota workers’ compensation laws.
6. If you have suffered an in-the-line-of-duty injury that prevents you from returning to full duty as a State Trooper, you may eligible for MSRS State Patrol Plan Duty Disability Benefits. There are extremely complex rules that apply to the coordination of workers’ compensation benefits and MSRS Duty Disability and/or retirement benefits. Before you file for State Patrol Plan Duty Disability Benefits or Retirement Benefits, consult with an experienced attorney to ensure you are maximizing your benefits.
7. If your injury was sustained as the result of a motor vehicle collision, in addition to your workers’ compensation claim and MSRS disability benefits, you may be able to sue the at-fault driver for additional damages, including unreimbursed wage loss, medical expenses, and intangible losses such as pain and suffering and loss of enjoyment of life.

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

by Jen Yackley
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PERA Police and Fire Plan Duty Disability Benefit Secured for Disabled Minnetonka Police Officer

Meuser Law Office, P.A., has received notice of approval for PERA Police and Fire Plan Duty Disability benefits for a Minnetonka Police Officer who sustained significant injuries when his squad car was rear-ended at high speed by another police officer from a different agency while responding to an emergency call.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.