Meet Jen Yackley

Hi, my name is Jen Yackley and I’m an attorney at Meuser Law Office, P.A.  Our law office specializes in workers’ compensation, PERA disability benefits, MSRS disability benefits and personal injury on behalf of workers injured in the course and scope of their employment in Minnesota. I grew up in Canby, Minnesota, a small town in Western Minnesota. I earned my Bachelor’s degree from Beuna Vista University in Storm Lake, Iowa, and went on to earn my Juris Doctor degree from Hamline University in 2008. I began working at Meuser Law Office as a law clerk while I was in law school in 2007 and I’ve been there ever since. I began practicing as an attorney in 2008.


While I was in law school, my husband sustained an injury in the course and scope of his employment doing construction work. The work comp insurer denied that he was an employee within the meaning of the work comp laws and they denied his claim. I saw first hand what it was like to deal with a work injury when work comp is refusing to pay for medical expenses and refusing to pay for your wage loss. He went to trial and he won, so I saw the whole process start to finish and we obviously had a good result. I have seen what it’s like to not only go through a case where the work comp insurer is denying your claim, but also what it’s like when the insurance company is actually paying your claim.

Through that process, I learned that the workers’ compensation system is its own unique court system and I found the work comp laws to be very fascinating and decided I wanted to practice in this area.

Almost from day 1 working with Meuser Law Office, P.A., I was working on cases involving police officers and firefighters. While I was a law clerk, some of my first work involved writing court of appeals briefs on behalf of firefighters who were fighting for their right to health care continuation benefits. Since that time our practice has only grown in terms of the number and scope of firefighters and police officers we work with throughout this state. It’s my favorite practice area. I love working on firefighter and police officer cases, it’s extremely rewarding and it’s extremely interesting work. Not only that, but I do have a soft spot in my heart for firefighters because my dad was a volunteer firefighter in my small hometown for 25 years.

I’m honored to have the opportunity to represent police officers and firefighters and I’m very proud of the work we do at Meuser Law Office, P.A.

by Jen Yackley
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What is PERA?

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

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

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

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

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

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

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

by Ron Meuser
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Jen Yackley Speaks at the 2017 Minnesota Association for Justice Seminar

Jen Yackley, with Meuser Law Office, P.A., was honored to speak at the Minnesota Association for Justice’s 2017 Workers’ Compensation seminar.

On Friday, March 3, the Minnesota Association for Justice held its annual Spring Continuing Legal Education seminar on Workers’ Compensation. Other speakers included the Honorable Grant Hartman, Administrative Law Judge at the Office of Administrative Hearings, the Honorable Tammy Pust, Chief Administrative Law Judge at the Office of Administrative Hearings, Dr. Daniel Sipple of Midwest Spine & Brain Institute, Kenneth Kimber of the Department of Labor and Industry, and other workers’ compensation practitioners. Lecture topics included:

• Updates from the Office of Administrative Hearings
• Department of Labor & Industry Dispute Certification and ADR
• Understanding Pain – a Guide for Petitioners
• Workers’ Compensation Case Law Update

Jen presented an overview of PERA and MSRS pension benefits, how those benefits are coordinated with Minnesota workers’ compensation benefits, and important deadlines workers’ compensation practitioners need to be aware of.

The Minnesota Association for Justice (MAJ) was established in 1954 by a small group of lawyers dedicated to protecting the rights of the injured and accused. The MAJ was created to better represent the overall interests of their clients and their profession as well as to share information, trial strategies and to collectively influence legislation. The Minnesota Association for Justice is a dynamic, pro-active membership-driven organization dedicated to helping members build their practice, better represent their clients and strengthen the profession. MAJ’s lobbyists and public relations staff monitor legislation, develop strategies and effectively represent its position to legislators and policy-makers.

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. 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 make the often complex 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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I Received a PPD Payment, Is My Minnesota Workers’ Compensation Case Closed?

Generally, no.

As a workers’ compensation attorney, I receive calls from injured workers in Minnesota at least a few times a month who have received a check in the mail from the workers’ compensation insurance company, and a Notice of Benefit Payment form which indicates that the payment is for Permanent Partial Disability (PPD) benefits. PPD is a Minnesota workers’ compensation benefit that is payable for the permanent functional loss of use of a body part due to a work-related injury.

Injured workers in Minnesota often mistakenly assume that this money is a “settlement” of their case, or that accepting this benefit somehow means that their case is now “closed.” That is not the case. Permanent partial disability (PPD) benefits are just one kind of benefit available under the Minnesota Workers’ Compensation Act. Receiving a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case does not mean that your case is settled or closed. Cashing your PPD payment does not mean that you’ve accepted a settlement, or agreed to close your case.

Usually, a permanent partial disability (PPD) payment is based on a rating that your doctor assigned to your permanent injury. The percentage rating you are assigned is then multiplied by a dollar figure set by the Minnesota legislature to determine the amount of your permanent partial disability benefit. For example, if you’ve sustained a herniated disc in your lumbar spine, and you’ve been assigned a 10% permanent partial disability rating, the benefit owed to you would be $8,000.00. In some cases, insurance companies pay a minimum amount of PPD benefits if there’s any question as to whether the injured worker might qualify for a higher rating.

Many workers who receive PPD benefits are entitled to additional benefits, including, but not limited to:

• Additional PPD benefits
• Wage loss benefits, including temporary total disability (TTD), temporary partial disability (TPD), and/or permanent total disability (PTD) benefits
• Medical expense benefits or out of pocket expense reimbursement
• Rehabilitation and/or retraining benefits

It may be valuable to have a workers’ compensation lawyer review your case for errors. It is common for a work comp insurance company to dispute PPD benefits. If, for example, your doctor assigned a PPD rating of 15% but the insurance company takes the position that your PPD rating should only be 8%, they may begin paying the undisputed portion of your benefit - the 8% - and you may not realize that the checks are less than they should be.

I recently settled a work comp case involving a gentleman who had sustained low back injuries requiring surgery while employed at two different jobs several years ago. He did not return to work after his last injury. As a result of his work-related back condition, and several serious non-work related medical conditions, he was incapable of working in any capacity.

When I first met with this gentleman, he told me that he had settled his two Minnesota workers’ compensation cases. After I received his file from the Minnesota Department of Labor and Industry, I realized that he had in fact received some minimal permanent partial disability (PPD) payments from the workers’ compensation insurance company. However, he had not in fact, settled his cases. This gentleman assumed that he had settled his cases because he had received a permanent partial disability PPD) payment. We worked up his case, and ultimately procured a settlement for him for $150,000.00 in addition to the establishment of a professionally administered fund to cover his ongoing medical expenses.

If you’ve received payment for permanent partial disability (PPD) benefits on your Minnesota workers’ compensation case, a workers’ compensation attorney can evaluate whether the payment is appropriate and whether or not you have additional workers’ compensation 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 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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