In the Line of Duty Injuries: Minnesota State Troopers

Workers’ Compensation Benefits

Minnesota State Troopers are entitled to a variety of benefits to cover medical expenses and wage loss if they are injured in the line of duty. Whether the injuries are due to a car accident, a lifting incident, a slip and fall while chasing a suspect, or wear-and-tear over time, if the State Trooper’s work activities are a substantial contributing factor to the injuries, the Trooper is eligible for Minnesota workers’ compensation benefits.

Minnesota workers’ compensation covers all injuries arising out of and in the course and scope of employment. This includes physical injuries incurred as the result of a specific incident, physical injuries that occur over time due to repetitive use or wear-and-tear, injuries that aggravate or accelerate a pre-existing condition, or post-traumatic stress disorder (PTSD) that is the result of work-related traumatic exposures. Minnesota workers’ compensation benefits include medical expense benefits for reasonable and necessary medical care, including hospital charges, imaging like MRI’s or CT scans, diagnostic tests, surgery, prescriptions, physical therapy, mental health care, chiropractic care, and mileage expenses. If a Minnesota StateTrooper misses time off work or experiences reduced pay as the result of a work-related injury, workers’ compensation pays wage loss benefits including temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, and/or permanent total disability (PTD) benefits. A State Trooper may also be eligible for rehabilitation services, including retraining benefits, if that Trooper cannot return to his or her former position as a Minnesota State Trooper as the result of a work-related injury.

MSRS State Patrol Plan Duty Disability Benefits

Minnesota State Troopers who suffer in the line of duty injuries may also be eligible for Duty Disability benefits under the MinnesotaState Retirement System (MSRS) State Patrol Plan. A Trooper who suffers an injury or illness that 1) prevents the Trooper from performing his or her normal duties for a period of at least a year, 2) that injury or illness occurred during the performance of inherently dangerous duties that are specific to Troopers, and 3) the duties that the Trooper was performing at the time of the injury or illness were specific to protecting safety and property. In short, if a Trooper suffers an in the line of duty injury while performing “inherently dangerous duties,” and that Trooper cannot return to full duty as a result of the injury, he or she is eligible for Duty Disability benefits. Duty Disability benefits are payable at a base rate of 60% of the Trooper’s high-five salary. Unlike State Patrol Plan retirement benefits, Duty Disability benefits are non-taxable through age 55 or 5 years, whichever is longer. There are extremely complex rules regarding the coordination of Minnesota workers’ compensation benefits and Duty Disability benefits for State Troopers. Discuss these coordination issues with an attorney experienced in handling both workers’ compensation and MSRS pension benefits.

Health Insurance Continuation Benefits Under Minn. Stat. § 299A.465

Minnesota State Troopers who qualify for MSRS State PatrolPlan Duty Disability benefits are also eligible for continued health insurancebenefits under Minn. Stat. § 299A.465. This statute requires the Department of Public Safety to continue to provide health insurance coverage to the disabled Trooper and his or her family, if applicable, as though the Trooper remained on the payroll. This means that the state continues to pay its share of the Trooper’s health insurance premiums. This benefit continues through age 65.

Civil Liability Claims – Auto Accidents

Given the sheer amount of time Minnesota State Troopers spend on the state’s roadways, unfortunately injuries as the result of crashes are quite common. If a Minnesota State Trooper suffers injuries as the result of an auto crash that is the fault of a third party, that Trooper may be able to pursue a civil liability claim against the at-fault driver, in addition to workers’ compensation and MSRS Duty Disability benefits. A civil auto liability claim allows a Trooper to assert claims for losses that are not covered by workers’ compensation, including:

• future wage loss beyond the time limits available under workers’ compensation
• future loss of earning capacity
• pain and suffering
• loss of enjoyment of life
• loss of consortium

Coordination of benefits for disabled Minnesota State Troopers is complex. This is a very specialized area of law, and it’s easy to overlook claims or to make mistakes that can cost the Trooper hundreds of thousands of dollars in benefits. For Minnesota State Troopers, to ensure you are maximizing all potential sources of benefits, contact Meuser Law Office,P.A.

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. 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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Narrative Request vs Narrative Report

A narrative request is a formal letter sent by your Minnesota workers’ compensation attorney to your treating physician requesting that he or she issue a “causation report” on your work-related condition. A causation report is issued by your attorney, asking your doctor to explain why in his or her medical opinion that he or she believe this condition arises out of the course and scope of your employment.

A narrative request will also ask the doctor to opine to any permanent partial disability (PPD) to which you are entitled. Your doctor will assign you a permanency rating under the Minnesota workers’ compensation PPD schedules based on lack of use or function due to your work-related condition. In his or her narrative report the doctor will also determine if you have reached maximum medical improvement (MMI). MMI signifies that you have reached a plateau in your treatment. You are not necessarily healed or restored to your pre-injury condition but you are not expected to decline or make a substantial improvement in your condition. A permanent partial disability rating cannot be assigned until you reach MMI since the PPD rating reflects a permanent loss of use or function. Once you have reached MMI as determined by the physician, you must be served with the report under Minnesota Statute §176.101, subdivision 3e.

A narrative request differs from a Healthcare Provider Report. A Healthcare Provider Report (HCPR) simply asks the doctor to assign a PPD rating and opine as to whether you have reached MMI. An insurance adjuster may also send your doctor a HCPR. The provider is also not allowed to charge for report pursuant to statute. While a provider will charge for the time associated with reviewing your case and writing a causation narrative report. This report may cost $500 to upwards of $3,000 depending on the complexity of the case. This cost will be paid up-front by your work comp attorney, who will then be reimbursed by the employer and insurer upon a successful resolution of the case.

The narrative request will include a summary of your pertinent medical history collected from your medical records. This summary will set forth the foundation or basis for which your physician had the evidence and information upon which to make a medical opinion. You should disclose to your workers’ compensation attorney every provider from which you have sought treatment for your condition, even pre-existing conditions. If this information is not included, the employer and insurer will have a basis on which to discredit your doctor’s medical opinion. The narrative request will further describe the mechanism of your injury and if necessary for a Gillette, or repetitive motion type injury, a detailed description of your job duties.

The narrative request will also include a set of questions for your doctor to answer, including PPD ratings and MMI determinations as discussed above. The doctor will also be asked to issue restrictions if appropriate, describe surgeries or recommended treatment and the basis for the recommendations, and if the past treatment was reasonable and necessary to cure or relieve the effects of the work-related injury.

Frequently, employees become frustrated at the length of time a workers’ compensation claim takes in the State of Minnesota. Unfortunately, providers take time to respond to requests for medical records, which need to be summarized before a narrative request is sent to the treating physicians. Additionally, it can take months for the doctors to respond to the narrative request due to the time involved in writing a report.

At Meuser Law Office, P.A. we’ve successfully represented hundreds of police officers, firefighters, deputy sheriffs, corrections officers, and State Patrol officers throughout the State of Minnesota for workers’ compensation, PERA/MSRS disability, healthcare continuation, and personal injury claims. 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. will help make the process easier to navigate. Contact us today at 877-746-5680 for a free, no-obligation consultation.

by Mary Beth
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Cumulative Post-Traumatic Stress Disorder and Police Officers

Ten years ago, many people had never heard of post-traumatic stress disorder (PTSD). Today most people associate PTSD with soldiers, who often suffer from the effects of PTSD from a single traumatic incident or exposure in the line of duty. What this means is when you ask a soldier the cause of his or her PTSD, they can usually point to a single incident or set of incidents that sparked the onset of their PTSD symptoms. This is not the case for Minnesota police officers. Many times, PTSD symptoms manifest over the course of time as a result of multiple traumatic experiences, and it is difficult to point to just one incident as the inciting event.

What Causes PTSD?

Many events can cause PTSD in police officers, such as shootings or “shots fired” calls, motor vehicle collisions involving fatalities or severe injuries, hostage situations, dangerous drug busts, domestic dispute calls, child abuse investigations, or any other situation that involves exposure to serious injury or death. There is no rhyme or reason for why one person develops PTSD and another does not. There is also no reason why one particular event “causes” PTSD while another, perhaps more traumatic event, does not. With police officers, PTSD many times occurs as a result of a build-up of events that arise throughout an officer’s career.

The Workers Compensation Act recognizes post-traumatic stress disorder as a compensable injury as of October 1, 2013 and defines PTSD by the Diagnostic and Statistical Manual of Mental Disorders-V (DSM-V). The DSM-V specifically describes the types of incidents that are required for a PTSD diagnosis. These incidents include exposure to actual or threatened death, serious injury, or sexual violence in on or more of the following ways:

1. Directly experiencing the traumatic event(s).
2. Witnessing, in person, the event(s) as it occurred to others.
3. Learning that the traumatic event(s) occurred to a close family members or close friend.
4. Experiencing repeated or extreme exposure to aversive details of the traumatic event(s).

The DSM-V provides an example for #4 above, citing to first responders who collect human remains or police officers exposed to details of child abuse.

Other stressful situations may also contribute to an officer’s overall deterioration in mental health, including long hours, politics within the police department, not knowing what the next call will be or when it will come in, and handling the attitudes of others. In addition, officers are often times criticized and investigated for the decisions they have to make within a split second. While this likely contributes to an officer’s mental condition, factors such as these “work stress factors” are not events that lead to PTSD.

Signs and Symptoms of PTSD

There are many symptoms of PTSD. A common symptom witnessed in most of our Meuser Law Office, P.A. clients is their report of having irritable behavior or angry outbursts with little to no provocation. This makes sense since PTSD inhibits one’s ability to appropriately handle stress. On a scale of one to ten, with ten being the most stress you’ve ever had in your life and zero being no stress, a person with PTSD may rate going to the mall or grocery store at a 7 when a person without PTSD may rate it as a 1 or a 2.

Here are other signs and symptoms to watch for:

• Irritability or frequent anger
• Withdrawal from family and friends
• Emotional outbursts
• Suspicion or paranoia
• Risk taking behaviors such as excessive drinking, drug use or risky sexual behaviors
• Insomnia or difficulty falling asleep
• Anxiety or panic feelings
• Guilt
• Nightmares
• Panic attacks
• Intrusive thoughts
• Avoiding people or places
• Easily distracted
• Lack of concentration
• Fatigue
• Recurring thoughts
• Flashbacks
• Judgment errors
• Sweating, trembling or shaking
• Negative beliefs about yourself
• Inability to feel positive emotions
• Hypervigilance
• Exaggerated startle response

It is important to remember that 10 - 30 percent of first responders will develop PTSD in the course of their career. These injuries can be just as serious and dangerous as physical injuries and should be taken seriously. Early intervention in the form of therapy and/or prescription medication is likely the single best thing you can do for a PTSD diagnosis. There is no one answer for everyone. What may work for one person in terms of treatment may not work for you. However, the faster you seek assistance for your post-traumatic stress disorder symptoms, the greater the chance you have of making a rapid and full recovery.

Under the Workers’ Compensation Act, there are benefits available for Minnesota police officers and first responders who develop PTSD on the job. These benefits include wage loss, rehabilitation, and medical care and treatment. If you or someone you know suffers from PTSD due to a work-related accident or traumatic incident, you should consult with an attorney experienced in this area of the law. At Meuser Law Office, P.A., we have represented many clients with PTSD, including police officers, firefighters, first responders and correctional officers. We understand this nuanced area of the law and work with our client to ensure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a no-obligation consultation today. Don’t let the insurance company unfairly deny you benefits as a result of their misinterpretation of the law surrounding PTSD in Minnesota. Call us today at 1-877-746-5680.

by Ashley Biermann
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Minnesota Workers’ Compensation Benefits are Not Taxable

It’s that time of year again! Tax time! This year’s tax filing deadline is April 18, 2017. If you’ve procrastinated, or you’re doing your own taxes, you may be wondering if you need to report your Minnesota workers’ compensation benefits. In other words, are your Minnesota work comp wage loss benefits taxable? The answer is NO!

You are not required to pay income taxes on your work comp benefits, regardless of whether you received them on a weekly basis or as a lump sum settlement. Minnesota workers’ compensation benefits are considered to be compensation for a personal injury under the Federal Tax Code, and therefore are non-taxable.

Other types of benefits that are payable as a result of a work-related injury may also be non-taxable, including PERA Police and Fire Plan or Corrections Plan Duty Disability Benefits, and MSRS State Patrol Plan and Corrections Plan Duty Disability Benefits.

To ensure you are maximizing your eligibility for Minnesota workers’ compensation benefits, contact Meuser Law Office, P.A. for a free no-obligation consultation. Call us today at 1-877-746-5680.

by Jen Yackley
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Am I Eligible for Rehabilitation Benefits if I Have Quit My Job?

Frequently, employers and insurers who are involved in Minnesota workers’ compensation cases do not understand that even if an employee separates from his or her date of injury employer, he or she is still entitled to rehabilitation services of a Qualified Rehabilitation Consultant (QRC). These rehabilitation services include job placement services. A QRC will help an injured worker return to work at a different job within his or her restrictions.

If an employer and insurer terminates rehabilitation services through a rehabilitation request and is refusing to provide job placement services, the injured worker should file a rehabilitation request. The issue must be certified as a dispute under Minnesota Statute § 176.081, subdivision 1 (c). After a mediator at the Department of Labor and Industry (DOLI) will determine whether a genuine dispute exists between the parties and the matter will be scheduled for a rehabilitation conference at DOLI.

As long as an employee remains a qualified employee under Minnesota Administrative Rules part 5220.0100 subpart 22, an employee is entitled to rehabilitation services, including job placement services. In order to be a qualified employee, the employee must be:

(a) permanently precluded or likely to be permanently precluded from his or her usual occupation or job he or she held at the time of the injury;
(b) cannot reasonably be expected to return to suitable gainful employment with the date of injury employer; and
(c) can reasonably be expected to return to suitable gainful employment with rehabilitation services.

By definition if PERA has awarded a Minnesota police officer, firefighter, first responder, or deputy sheriff Duty Disability benefits, he or she is a qualified employee. In order to receive PERA Duty Disability benefits, two doctors must opine that the worker’s disability prevents him or her from working as a police officer or firefighter for at least one year.

Once PERA awards an employee Duty Disability benefits he or she must separate from the county or city. If the police officer or firefighter is working light duty, he or she must separate within 45 days. The injured worker may return to work in a different capacity but he or she cannot work in a position covered by the PERA Police and Fire Plan.

Members who qualify for PERA Duty Disability benefits are actually incentivized to find employment in a non-police and fire plan position. If he or she is not working, the injured worker’s wages are capped at 100% of his or her “high five” between PERA benefits and workers’ compensation wage loss benefits. But if he or she is able to work elsewhere, the member’s wages are capped at 125% among PERA, work comp, and the new job. After the member’s wage reaches 125% then the PERA benefits are reduced a dollar for every three dollars.

Accepting PERA Duty Disability benefits do not signify that the employee is withdrawing from the labor market. The injured worker merely cannot work in the same capacity in which he or she worked before the injury and disabling condition. Injured workers should complete and track his or her job search in order to demonstrate a desire to return to work.

In the Minnesota workers’ compensation case, Erickson v. City of St. Paul, the employee resigned from his employer, who was accommodating his restrictions, in order to accept PERA benefits. (slip. op. (W.C.C.A. April 16, 2007)). The employer and insurer argued because he voluntarily resigned he was not qualified for rehabilitation services, specifically retraining benefits. The court noted that the employee qualified for PERA benefits because of his disability, not because he restricted and that whether an employee is “employed, voluntarily terminates his employment, retires, or relocates does not terminate his or her entitlement to rehabilitation services.”

If an employee does not resign from the position covered by the PERA police and fire plan, he or she will lose entitlement to non-taxable income, 60% of his or her “high five,” health insurance benefits, and survivor benefits. Refusing a job offer does not cut off rehabilitation services nor does being fired for misconduct. Hugill v. Benton County, 64 WCD 220 (2004); Conklin v. Becker County Dev. Achievement Ctr., Slip op., No. WC 10-210 (WCCA Apr. 28, 2011). The court noted in Boutto v. U.S. Steel Corp. that an employee’s decision to accept the employer’s retirement incentive package should not place him in a worse position than someone discharged for misconduct. (July 18, 2007 WC06-288.)

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 your employer or insurer has denied rehabilitation services, 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 to determine what you are eligible for. 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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