When the Minnesota legislature opened the 2017 session, a
crucial bill that directly affects Minnesota’s first responders who suffer from PTSD was re-introduced. This bill was originally presented in April of 2016,
and did not pass at that time although information has been communicated and much
awareness has been raised about this important topic.
Meuser Law Office, P.A. understands the importance of
legislature such as this and created a petition in April 2016 to help spread
the word and gather support for this bill. We encourage all current and former
law enforcement officers, firefighters, State Troopers, first responders, and
family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this
important bill.
The bill’s author, Senator-elect Dan Schoen, DFL-St. Paul
Park, is also a police officer in Cottage Grove. Senator-elect Schoen recently called a meeting
in the Senate Office Building to hear from Minnesotans affected by PTSD. Among
the people who spoke was St. Paul firefighter and paramedic, Brian Cristofono. Brian,
a current client of Meuser Law Office, P.A., says fire departments need to talk
about PTSD more and take this issue more seriously. “We spend so much time
learning how to save ourselves, how to rescue people, but we don’t give any
training time to PTSD or mental health”.
Recently, KSTP Channel 5 Eyewitness News ran a story on this
PTSD bill featuring Minnesotans directly affected by PTSD, including Brian Cristofono.
Take a moment to watch the KSTP Eyewitness News story with emotions ranging
from sad to tragic:
New Bill Seeks to Help First Responders with PTSD
This week, the Minnesota legislature issued a News
Release announcing the introduction of a bill that could have major
implications for Minnesota’s first responders who suffer from PTSD.
Since October 1, 2013, the Minnesota workers’ compensation law has recognized post-traumatic stress disorder (PTSD) as a “covered” injury
for purposes of workers’ compensation law. In the 2 ½ years since the law
passed, in our practice, we have unfortunately seen some workers’ compensation
insurers take a “full court press” approach to defending against these cases –
many involving police officers, firefighters, and corrections officers. We have
seen cases where a police officer clearly and obviously suffers from profound
PTSD as the result of terrible trauma, and yet the workers’ compensation
insurer denies that it was “traumatic enough” of an event, or hires an adverse
doctor to offer an outrageous opinion that the person doesn’t have PTSD.
This week, Rep. Dan Schoen (DFL – St. Paul Park) and
Sen. Matt Schmit (DFL – Red Wing) introduced a bill that would include
post-traumatic stress disorder under the “presumption” section of the Workers’
Compensation Act – meaning that post-traumatic stress disorder would be
“presumed” to be work-related for some specific first responders, including
police officers, firefighters, paramedics, EMTs, conservation officers, and
others.
While PTSD is currently covered under Minnesota Workers’ Compensation, this statute would change the burden of proof – meaning
that it would no longer be the employee’s burden of proof to demonstrate that
he or she has PTSD and that it is work-related – it becomes the
employer/insurer’s burden of proof to disprove that the individual’s PTSD is
work-related.
Seeing the practical realities of how PTSD claims are
administered by some public employers, we at Meuser Law Office, P.A., are
hopeful that this presumption statute will it easier for our state’s first
responders to get the benefits they are entitled to under the law.
Representative Schoen commented that “It really just
comes down to we’re at the point where there is just zero question whether this
is a work-related injury…we know it is.”
Schoen, a Cottage Grove police officer, said police
and firefighters have told him of their experiences with post-traumatic stress
disorder. Public agencies send first responders into the “worst of the worst,”
he said, and those experiences build over time.
“Everybody’s got a bucket and that bucket might be
different sizes for different people, but it starts to fill up,” Schoen said.
Schoen and Schmit said they don’t expect their bill to
pass this session. The GOP-controlled House has not scheduled a hearing, Schoen
said. Instead, they want to hold an information hearing yet this session to
raise awareness.
We at Meuser Law Office, P.A., have created a petition
for you to easily show your support for this legislation. Click here to read and sign the petition. We encourage all current and former law enforcement
officers, firefighters, State Troopers, first responders, and family and
friends of Minnesota's first responders to sign and share this petition and/or
contact their legislators to urge them to support this important bill.
Meuser Law Office, P.A., has proudly represented
Minnesota's first responders for PTSD-related claims for over a decade. We encourage
all current and former law enforcement officers, firefighters, State Troopers,
first responders, and family and friends of Minnesota's first responders to
contact their legislators to urge them to support this important bill.
Click here to find contact information for your state
representatives.
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