Join Us for the Second Annual Firefighters for Healing Red Tie Gala

You won’t want to miss this second annual fundraising event! Ron Meuser is a proud board member of Firefighters for Healing and is honored that once again Meuser Law Office, P.A. will be among the sponsors for the annual Red Tie Gala. Get your tickets today!

MUSE Event Center

Minneapolis

Saturday, Nov 12, 2016

7:00 - 8:00pm  Social hour, entertainment, hors d'oeuvres, cash bar, silent auction

8:00 - 9:00pm Event program, special guests, live auction

9:30pm Silent Auction Ends

9:00 - 11:00pm Live music & entertainment

We highly suggest gentlemen come in a suit or tuxedo with a Red Tie or Red Bow Tie. Ladies are encouraged to wear a red or red accented cocktail dress or gown.

Firefighters for Healing was founded by a former Minneapolis firefighter, Jake LaFerriere, in 2010 after he suffered third and fourth degree burns as a result of a backdraft explosion. While in recovery, he met several children in the burn unit, each undergoing painful treatments for their injuries. This inspired him to create Firefighters for Healing, a non-profit organization that provides financial and emotional support to children who are survivors of severe burns. Meuser Law Office, P.A. was with Jake every step of the way, making sure he received all of the benefits and compensation he deserved through his recovery and supporting his new mission.

Meet Jake LaFerriere and hear more of his story by watching this short video:



Join us while we raise funds to continue the efforts of Firefighters for Healing to help burn survivors in their recovery process. With donor help they are able to replace some of the essential daily living necessities when all is lost in a fire, provide financial assistance for surgeries, offer summer camp participation to young people, donate to the burn unit of local hospitals, and much more. Take a moment to watch this video to see how your donations are touching the lives of people suffering from burn injuries and making a big difference:



We are honored to call Jake LaFerrier and the folks at Firefighters for Healing our friends. Meuser Law Office, P.A. is proud to sponsor their annual event and help them continue the fight after the fire is out by attending the 2nd Annual Firefighters for Healing Red Tie Gala. Be a part of something great – help this amazing foundation continue their mission to support burn survivors and their family. Funds raised through the sale of tickets to the Red Tie Gala, along with funds raised via the live and silent auctions at the event will go to children and other burn survivors to aid in their recovery in so many ways. Visit firefightersforhealing.org for more information on this wonderful organization.

Don’t miss out on what will be a REDiculously fun night for an incREDibly amazing cause! Get your tickets today! You can find more event details and order tickets here.

by Ron Meuser
More posts by Ron

Ron Meuser and Jen Yackley Speak at The Law Enforcement Labor Services (LELS) Meeting

Recently, Ron Meuser and Jen Yackley of Meuser Law Office, P.A. were proud and honored to speak at the Minnesota Law Enforcement and Labor Services (LELS) monthly meeting in August, 2016 held in St. Paul, Minnesota.

Founded in 1977, Law Enforcement Labor Services, Inc. is Minnesota’s largest law enforcement labor union specializing in representing law enforcement personnel. The mission of Law Enforcement Labor Services is to represent the interests and priorities of its members. LELS provides professional representation and advocates for its members in areas such as:

• Legal matters
• Competitive pay and benefits
• Negotiating safer working conditions

Ron and Jen met with the LELS business agents as well as their legal department and spoke about the complex issues Minnesota’s Peace Officers face when they are dealing with an injury sustained in the line of duty. Topics included the types of benefits available to our state’s first responders who are injured in the line of duty, including workers’ compensation, PERA Police and Fire Duty Disability, Continuation of Health Insurance Benefits Minn. Stat § 299A.465, as well as special situations like third-party claims in the case of on-duty motor vehicle accidents. Ron and Jen also presented information regarding post-traumatic stress disorder (PTSD) and law enforcement, including the new workers’ compensation rules that govern PTSD claims, as well as complex coordination rules that apply specifically to Minnesota’s peace officers who receive Duty Disability and workers’ compensation benefits.  Ron and Jen also fielded many great questions from the attendees regarding the coordination of benefits, timing of filing for benefits and PTSD claims.

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

by Ron Meuser
More posts by Ron

Rehabilitation Services After Employee Separates Due to PERA Duty Disability

Employers and insurers must provide rehabilitation services to qualified employees, even after an employee separates or resigns from his or her date of injury employer due to his or her Duty Disability. A member approved for PERA Duty Disability benefits must separate from his or her position in order to begin receiving pension disability benefits. An employee may not continue working in a position covered by PERA under the Police and Fire Plan.
The member may work in a different capacity—and is in fact encouraged to do so under the PERA Duty Disability pension plan. A member who is not working is capped at 100% of his or her “high five earnings” between work comp benefits and PERA Duty Disability benefits. But, a member who is working in a different position may earn up to 125% of his or her “high five earnings” among work comp, PERA benefits, and the new wages. After reaching the 125% threshold, the PERA benefits are offset one for every three dollars over 125% of the “high five earnings.”

“Voluntary” resignation is not a defense to rehabilitation services, including job placement services. The case law remains clear on this issue. In Erickson v. City of St. Paul, the Court determined that “whether an employee is employed, voluntarily terminates his employment, retires, or relocates does not terminate his or her entitlement to rehabilitation services.” slip. op. (W.C.C.A. April 16, 2007). Resignation from a light duty position with the date of injury employer is not a bar to rehabilitation and retraining benefits. Id. Under Lees v. G. & S. Roofing, Inc. an employee may even refuse a job offer and remain entitled to rehabilitation services. (W.C.C.A. June 9, 1999).

An injured worker is not held captive to his or her employer in order to retain his entitlement to workers’ compensation benefits. An employee may accept an early retirement incentive from his employer while still being able to physically perform his job within his restrictions based on his work injury at the time of retirement. Boutto v. U.S. Steel Corp. slip op. (WCCA July 18, 2007).

Additionally, a member who separates in order to begin receiving Duty Disability benefits is not retiring. Therefore, “retirement” is not a defense to rehabilitation services. An injured worker who resigns based on his or her Duty Disability is not withdrawing from the labor market. Rather, the employee is separating based on his or her disability incurred in the course and scope of his or her employment.

Unfortunately, even though the law is settled on this issue occasionally insurers and public employers will still contest the employee’s right to receive rehabilitation services after separating due to a PERA Duty Disability. Insurers and employers look for any opportunity to avoid paying for rehabilitation services. The insurer may refuse to pay for job placement services or file a Rehabilitation Request with the Minnesota Department of Labor and Industry to terminate rehabilitation services with a QRC or qualified rehabilitation consultant. Your attorney should either file a Rehabilitation Request to initiate job placement services or a Rehabilitation Response to the insurer’s request for termination of rehabilitation services. The matter will be heard in front of a mediator for the Department of Labor and Industry and then either party may appeal the decision and the matter will then be heard in front of a Workers’ Compensation Judge at the Office of Administrative Hearings.

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
More posts by Mary Beth

Permanent Partial Disability (PPD) Benefits 101

What is permanent partial disability (PPD)?

Permanent partial disability benefit, or PPD, is a benefit in the Minnesota workers’ compensation system used to compensate an injured worker for the permanent impairment or the loss of use or function of a body part due to a work injury.

Who determines PPD?

Your treating physician or the independent medical examiner for the insurance company will issue a PPD rating under the Minnesota Workers’ Compensation Act.

When is PPD determined?

Once an injured worker reaches “maximum medical improvement” or MMI as deemed by his or her treating physician, the physician will issue a PPD rating. MMI is the point at which the injured worker’s condition is not expected to dramatically improve or decline. MMI is generally determined when the injured worker has reached a plateau in his or her medical treatment.

Insurance companies or your attorney may send your treating a physician a “healthcare provider report” or HCPR. The healthcare provider will then issue a rating as applicable to your condition under the statute.

An insurer may also send you to an independent medical exam or IME. The IME doctor may then issue a PPD rating in his or her IME report. Or your attorney may ask your doctor to issue a rating when he or she sends your health care provider a narrative request wherein he or she may opine more extensively as to the nature and extent of your condition.

How are PPD ratings determined?

PPD ratings are determined based on the health care provider’s rating in addition to the date of injury.

For injuries before 1984, PPD ratings were issued to each body part and then multiplied by a specific number of weeks and the injured worker’s weekly compensation rate. If a worker injured more than one body part, the amount owed was increased by 15%. Insurers generally paid this benefit in a lump sum.

For injuries after 1984, PPD ratings are assigned as a percent of a disability to the body as a whole. The rules that govern the rating are referred to as the PPD schedule. The total percentage rating is multiplied by a specific dollar amount to determine the monetary benefits payable. Physicians refer to the PPD schedule under Minnesota Rules Parts 5223.0300 - 5223.0650 for injuries after July 1, 1993.

When is PPD paid?

PPD may be paid in a lump sum or may be paid out as a weekly benefit. If PPD is paid out in a lump sum the amount owed is reduced slightly by a present value calculation. PPD may be paid concurrently with temporary partial disability benefits and permanent total disability benefits but not with temporary total disability (TTD) benefits. Frequently, it is in the employee’s best interest to wait on pursuing a PPD rating until the employee has exhausted his or her temporary total disability benefits. An employee’s TTD benefits cease 90 days after being deemed to have reached MMI or maximum medical improvement and by definition if a physician issues a PPD rating the employee is determined to have reached MMI.

Why are PPD benefits so low?

Permanent partial disability is not meant to replace pain and suffering damages. PPD benefits are tied to the legislature’s interpretation of how an injured worker’s permanent impairment will affect his or her future ability to work. For example, if an employee completely loses his or her ability to taste or smell, under Minnesota Rules 5223.0360, Subpart 3 A and B, he or she is only entitled to a 1% rating or under the current schedule or $750 (.01 (x) $75,000).

Moreover, PPD benefits have not been adjusted for inflation in years, unlike many other work comp benefits in the State of Minnesota.

If you have questions about a PPD rating or believe that you have been underpaid by the insurance company, contact the knowledgeable attorneys at Meuser Law Office, P.A. right away. Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Mary Beth
More posts by Mary Beth