Fired for Cause: The Complex Issue of Misconduct and PTSD in Law Enforcement

Allegations of misconduct are not necessarily a barrier to asserting a claim for workers’ compensation and PERA/MSRS Duty Disability benefits for Minnesota police officers and firefighters.

Post-traumatic stress disorder (PTSD) is finally getting recognition as a serious problem for Minnesota’s law enforcement officers. Since October 2013, Minnesota worker’ compensation law now recognizes PTSD as a compensable injury, as does PERA and MSRS for purposes of Duty Disability benefits and Continuation of Healthcare Benefits in accordance with Minn. Stat. § 299A.465. Meuser Law Office, P.A. has been litigating PTSD claims for over a decade, and our track record speaks for itself.

One issue that occasionally arises in claims involving PTSD is allegations of misconduct, administrative leave, internal investigations, and disciplinary actions. All too often, police officers suffering silently with symptoms of post-traumatic stress disorder don’t seek help until there is a crisis. For some there is an alcohol abuse problem and the officer tests positive for alcohol at work. Some officers are involved in an alcohol-related criminal issue, such as a DWI. Unfortunately for some, there are allegations of domestic abuse or infidelity. Sadly, sometimes an officer has attempted or threatened suicide. Too often due to the symptoms of PTSD, an officer begins to make mistakes – big or small – on the job, and they suffer discipline as a result.

Post-traumatic stress disorder causes a variety of symptoms that can seriously interfere with an officer’s ability to effectively and safely perform his or her job. For example:

• Sleep disturbance, including difficulty falling asleep or staying asleep – lack of sleep may affect job performance.
• Nightmares – can cause sleep disruption.
• Avoidance of places, people, and activities that are reminders of traumatic events – may result in an officer delaying or avoiding performing certain job duties that cause symptoms.
• Hypervigilance and exaggerated startle response – an increased state of arousal that is out of proportion to the threat. This can cause a variety of problems, such as outbursts of anger causing problems with co-workers or supervisors. Most problematic, hypervigilance can cause an officer to over-react in response to a threat, leading to allegations of excessive use of force or abusive conduct. Meuser Law Office, P.A. also believes that hypervigilance and exaggerated startle response may also play a role in controversial shooting situations. 
• Difficulty concentrating – concentration problems can result in making mistakes in writing reports, missing evidence, or worst-case, overlooking a dangerous situation.
• Feelings of detachment or estrangement from others – can cause feelings of being cut off from family, friends, and colleagues, which can cause interpersonal work problems.
• Physiological reactions to reminders of the traumatic events – PTSD can cause stress-related physical symptoms, such as nausea, stomach upset, and headaches. It can also cause panic-attack-like symptoms such as rapid heart-beat, tremors and shaking, excessive sweating, and tunnel vision. An officer suffering serious physical stress symptoms in the midst of responding to a call may be physically incapable of carrying out his or her duties.
• Irritable or aggressive behavior – changes in behavior can have a serious negative impact on an officer’s home and work life, and can result in breakdown of a marriage, interpersonal issues with colleagues or superiors, or allegations of abusive behavior or excessive use of force during interactions with the public.
• Engaging in self-destructive or risk-taking behaviors – “bad” behavior and poor decision-making is unfortunately, a common symptom of post-traumatic stress disorder. This can be excessive alcohol use or abuse, marital infidelity, driving at excessive speeds and engaging in risky driving, pathological gambling, responding to calls without wearing a vest, taking unnecessary risks during calls, or other means of “self-sabotage.” These behaviors sometimes result in disciplinary action.

All too often, officers who are suffering from mental health issues do not seek help until these symptoms cause a serious problem at home at work, placing their family or livelihood at risk. In hindsight, it’s often evident that the officer going through a disciplinary issue has been having issues for years, and that the behavior that resulted in discipline was due to a serious untreated mental health condition.

An officer who is subject to disciplinary action, including internal affairs investigations, administrative leave, probation or suspension, or even termination, and who is also suffering symptoms consistent with post-traumatic stress disorder or another work-related mental health condition may still be eligible for benefits, including but not limited to, PERA/MSRS Duty Disability benefits, 299A.465 healthcare continuation benefits, and/or workers’ compensation benefits.

Meuser Law Office, P.A. has successfully represented dozens of police officers suffering from PTSD who found themselves subject to discipline, including administrative leave, investigations, suspension, and even termination. Often, in addition to securing Duty Disability benefits and workers’ compensation benefits on behalf of the officer, we are able to assist in coordinating a separation agreement with the officer’s employer to avoid a formal termination for misconduct on terms that are favorable to the officer. You don’t have to go through this process on your own.

If you or someone you know is a Minnesota police officer or firefighter facing discipline for misconduct based on behavior that may be the result of a mental health condition, contact Meuser Law Office, P.A. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a confidential, free, no-obligation consultation by calling 1-877-746-5680.

by Jen Yackley
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299A.465 Continuation of Health Insurance Benefits and Cash Waivers

In Minnesota, a police officer or firefighter who suffers from a physical or mental condition that limits their ability to perform the normal duties of their position for a period of at least one year, and where that condition is the direct result of an injury or illness arising out of or incurred during the performance of inherently dangerous duties, is eligible for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability benefits. In turn, a police officer or firefighter who is determined to be eligible for PERA Duty Disability benefits is also eligible for Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465. State Troopers, DNR Officers, and BCA Officers who are determined to be eligible for Duty Disability benefits under the Minnesota State Retirement System (MSRS) State Patrol Plan are also eligible for this benefit.

Minnesota Statute 299A.465 Continuation of Health Insurance Benefits

This statute provides, in relevant part, that any peace officer or firefighter who is deemed to be eligible for Duty Disability benefits, is also entitled to Continuation of Health Insurance benefits. In other words, the officer or firefighter’s employer shall continue to provide health insurance coverage for the officer or firefighter, and the officer or firefighter’s dependents if the officer or firefighter had family coverage at the time of injury. The employer is required to continue paying the employer’s contribution for said health insurance coverage until the officer reaches, or would have reached age 65, in the case of dependent coverage.

Given the ever-rising cost of health insurance, this benefit can be worth hundreds of thousands of dollars for a disabled police officer or firefighter. It also means that it can cost hundreds of thousands of dollars for the officer or firefighter’s employer. Notably, an employer does have the right to contest via administrative contested case hearing whether an officer or firefighter is eligible for these benefits, and Meuser Law Office, P.A. is frequently involved in litigation on this type of case.

Health Insurance Cash Waiver Incentive Plans

Health insurance costs have risen exponentially over the last several years, and there is increased uncertainty in the markets given the political maneuvering over subsidized insurance. Some public employers have sought to reduce their health insurance costs by offering their employees incentivized alternatives to health insurance coverage through their group health plans. One such alternative that we are seeing more and more frequently are cash waiver plans.

Cash waiver plans can be offered in a variety of ways. In general, they offer an employee the option of waiving health insurance coverage in exchange for some form of monetary benefit. For example, we have handled cases involving:

• An annual cash benefit offered as an alternative to family coverage for those employees who are eligible for family coverage, but choose to waive it
• A monthly cash benefit, paid as an increase in the employee’s monthly salary, for those employees who waive single coverage and are able to demonstrate coverage elsewhere
• A monthly employer contribution towards a Health Care Savings account on a high deductible plan where the employer required two married officers to waive their respective single coverage plans, and enroll in a family plan

Cash waiver plans invariably also provide that if the person waiving coverage loses their alternative coverage elsewhere, they will have the option of re-enrolling in the employer’s group health plan. These plans also generally allow an employee to opt out of the cash waiver plan and to re-enroll in the employer’s group health plan during annual enrollment.

These types of plans are perfectly legal, and they unequivocally save an employer substantial amounts of money in the form of reduced premium costs for insuring their employees. Since they come with a cash incentive – sometimes worth several hundred dollars a month – it can be financially advantageous for an employee to elect coverage under these types of plans.

Litigation and Case Law Update

The problem with these cash waiver plans; however, is the uncertainty that they generate in the context of statutory § 299A.465 continuation of health insurance coverage eligibility if an officer or firefighter loses his or her job due to a work-related injury. We have been involved in litigation on several cases where the employer has argued that an officer or firefighter who had been enrolled in a cash waiver plan at the time of injury gave up their right to continuation of health insurance benefits under Minn. Stat. § 299A.465 and are therefore not eligible for any ongoing cash payment or insurance coverage.

Unfortunately, the statue itself says nothing about how the law is to apply in this circumstance, but thus far, the courts who have heard cases involving cash waivers have generally held that the policy reasons behind § 299A.465 – providing access to health insurance coverage to disabled police officers and firefighters – should guide how the law applies in these cases. Here’s how a few of these cases have been determined in the courts so far:

• Administrative law decision – An officer with PTSD primarily due to traumatic incidents experienced while employed by a major metropolitan city, subsequently became employed by a smaller city in outstate Minnesota. The symptoms did not become disabling until the officer had been employed by the smaller city police department for a few years. The officer was determined to be eligible for PERA Duty Disability benefits, and PERA ordered the current department to pay health insurance. The current employer appealed and joined the officer’s prior employer to the litigation. Both cities argued about the cause of the PTSD – in other words, which of the employers was “more” responsible for the officer’s PTSD.  But, the current employer also pointed out that the officer opted for a cash waiver benefit and waived health insurance coverage, and that therefore, they were not required to continue offering insurance. The current employer moved for summary judgment on this issue. After a summary judgment hearing, the administrative law judge held that the employee electing a cash waiver plan rather than health insurance coverage did not waive eligibility for insurance, and that the employer was required to continue to offer the opportunity to enroll in their group health plan. The parties, including both of the officer’s employers, subsequently reached a settlement on a cash basis.
• District court decision – An officer with PTSD had been deemed to be eligible for Duty Disability benefits by PERA. The employer enrolled the officer in single coverage and had continued said coverage for a number of years. Prior to termination from employment, the officer had elected to waive eligibility for family coverage in exchange for an annual cash incentive. The employer argued the officer was not entitled to either the cash payment on an ongoing basis, or the family coverage. The District Court held that the City was not required to pay the cash payment, as Minn. Stat. § 299A.465 did not specifically describe cash payments as “insurance;” however, the Court did hold that the City was required to offer the officer the opportunity to elect family coverage, rather than just single coverage.
• Consolidated district court cases – three cases involving police officers and firefighters from the same employer were consolidated for the district court to address the cash waiver issue. In all three of the cases, the officer or firefighter had enrolled in a cash waiver plan prior to their disabling injuries, meaning they received a monthly cash payment from the employer rather than health insurance coverage through the City. There was no dispute that all three were disabled as the result of injuries in-the-line-of-duty. The City argued that by having waived coverage in exchange for the cash incentive, each of the employees had given up their right to claim continuation of health insurance benefits in accordance with Minn. Stat. § 299A.465. In this heavily contested case, both parties moved for summary judgment. The district court found in favor of the disabled officers and firefighter. The judge found that the disabled officers and firefighters had not waived their rights to benefits in accordance with Minn. Stat. § 299A.465 but left it up to the employer as to whether to pay the cash incentive or to offer the officers and firefighters the opportunity to enroll in coverage.

If you are a Minnesota police officer or firefighter who has experienced a significant work-related injury, contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA Duty Disability benefits and Healthcare Continuation Benefits under Minnesota Statute § 299A.465 and help guide you through the complex process to ensure your rights are protected. Call us today at 1-877-746-5680.

by Jen Yackley
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‘Tis the Season! Remember, Minnesota Workers’ Compensation Benefits are Non-Taxable

The clock is ticking! Remember, this year’s tax filing deadline is April 17, 2018. If you’re doing your taxes on your own, you may be wondering if you need to report Minnesota workers’ compensation wage loss, permanent partial disability, or a settlement received in 2017. 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 are therefore 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.

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. As your attorney, we will 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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Meuser Law Attorneys Speak to Burnsville Police Officers and Firefighters

We are pleased to share that Ron Meuser, Jennifer Yackley, Mary Beth Boyce and Ashley Biermann of Meuser Law Office, P.A. were invited recently to speak to the City of Burnsville police officers, firefighters and HR Generalists. Ron and his team of experienced attorneys were asked to educate the group of first responders and HR Generalists on the basics of PERA disability, Minnesota work comp, as well as other benefits available in the event an injury occurs in the line of duty.

Once combined, Burnsville's police and fire departments have been operating since 1981 as individual units with the shared commitment to the preservation of life, safety and protection of property for the city's residents, business owners, and visitors. Although highly trained in safety measures to not only keep the public safe, but also the city's first responders as well, injuries do occur. In fact, according to the Bureau of Labor Statistics, police officers are four times more likely to be injured on the job than other occupations. The types of injuries to firefighters, such as cancer, are growing as well according to the National Fire Protection Agencies. The City of Burnsville understands the increased danger the police officers and firefighters face each day and want to ensure their first responders know what steps to take when an injury happens to ensure they receive the full benefits they are entitled, including continuation of health insurance and PTSD.

Ron, Jen, Mary Beth and Ashley met with the entire group and presented an overview and basic information. The attorneys went more in depth with the 20 police officers and 10 firefighters in attendance after the chiefs and HR Generalists exited the presentation. The following topics and others were discussed:

• The importance of timing when reporting an injury
• When to seek treatment for an injury
• PTSD
• Firefighters with cancer

Discussion included the types of benefits available to first responders who are injured in the line of duty, and information regarding post-traumatic stress disorder (PTSD) including the new workers' compensation rules that govern PTSD claims, as well as complex timing and coordination rules that apply specifically to Minnesota's peace officers who receive Duty Disability and workers' compensation benefits.

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 Minnesota's first responders for both work comp 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 benefits you may be eligible for 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.

Why choose Meuser Law Office, P.A. for your PERA, workers' compensation and personal injury representation? The difference in experience between Meuser Law and an attorney who isn't as versed in this area of the law can mean hundreds of thousands of dollars to your claim. Contact us today for a free no-obligation consultation by calling 1-877-746-5680. Ron Meuser and the attorneys at Meuser Law Office, P.A. are available to speak at ANY police or fire department in Minnesota to educate and inform on the valuable information and ensure injured first responders are receiving the benefits to which they are entitled.

by Ron Meuser
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PERA Police and Fire Plan 18 Month Filing Deadline: Do Not Miss It!

There are several important deadlines that Minnesota police officers and firefighters need to be aware of when filing a PERA disability benefits claim, including the 18-month post-termination filing deadline.

Applications for Public Employees Retirement Association (PERA) Police and Fire Plan Duty or Regular Disability Benefits MUST be filed within 18 months after the person’s termination from public service. If an application is not filed within 18 months, an otherwise eligible disabled police officer or firefighter is barred from filing for PERA disability benefits. Missing this deadline can cost a disabled police officer or firefighter hundreds of thousands of dollars.

We have seen this issue come up several times. If a disabled police officer or firefighter has missed the 18-month deadline, no matter how strong his or her claim for PERA Duty Disability benefits and no matter how much we want to help, there is nothing the attorney can do.

Unfortunately, the attorneys at Meuser Law Office, P.A. see this issue come up occasionally. For example:

• An attorney in our office was contacted by a police officer who was involved in an on-duty shooting incident. The officer developed some mental health issues as a result and went on a medical leave for a short period of time. At the officer’s request, the officer’s doctor cleared her to return to full duty, even though she was still having mental health issues. After a short time back on the job, she realized things weren’t going well and she knew she couldn’t continue. She resigned from her job and didn’t pursue anything even though she was suffering from serious post-traumatic stress disorder (PTSD) as a result of the on-duty shooting incident. Thankfully, a former colleague of hers suggested she call Meuser Law Office, P.A. to see if she was eligible for any benefits. We got her application in just shy of the 18-month deadline, and this officer was awarded PERA Duty Disability benefits, 299A.465 Continuation of Health Insurance benefits, and workers’ compensation benefits. 

• An officer contacted us to evaluate his potential PERA Duty Disability claim. He was referred to Meuser Law Office, P.A. by his workers’ compensation lawyer, having just settled his workers’ compensation claim. This Minnesota police officer had suffered a low back injury while wrestling with a suspect which required surgery. After his physical restrictions due to his low back injury were deemed permanent, his employer terminated him based on his inability to perform his full duty job. Over the next two years, he collected various workers’ compensation benefits, and his work comp lawyer ultimately settled his workers’ compensation case. Unfortunately, his workers’ compensation lawyer also instructed him not to file for PERA Duty Disability benefits during that time. By the time he met with an attorney in our office, his PERA claim was barred because he had failed to file within 18 months of his termination. There was nothing that we could do to help him. Because this officer’s workers’ compensation lawyer didn’t know the rules associated with PERA, he gave the officer bad advice that cost him several hundred thousand dollars.

• An attorney in our office met with a Minnesota police officer who had terminated from his employment over two years prior to our meeting. He had resigned as a police officer when he started to struggle with some mental health issues. Unfortunately, he didn’t seek help for his symptoms and he wasn’t diagnosed with post-traumatic stress disorder until more than two years after he terminated. Because he didn’t seek help and tried to manage it on his own, this officer didn’t even know he had PTSD until two years after he resigned. This gentleman didn’t receive a diagnosis until after the 18-month deadline had passed, but currently PERA does not have an exception for latent conditions that are not diagnosed until much later in time, such as cancer or post-traumatic stress disorder.

For Minnesota’s police officers and firefighters who suffer significant on-duty injuries, it is imperative to have the right lawyer from the beginning. At Meuser Law Office, P.A., the first time we meet with a client, our knowledgeable and experienced attorneys evaluate every potential claim, including but not limited to, Minnesota workers’ compensation, PERA/MSRS disability, Continuation of Health Insurance claims, and third-party claims. Our attorneys develop a timeline and a plan to ensure every possible resource for benefits is explored, which includes the coordination of claims every step of the way. Experience matters. For a free, no-obligation consultation, contact Meuser Law Office, P.A. Call us today at 1-877-746-5680.

by Jen Yackley
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What Should I Do If I’m Injured on the Job?

If you sustain an injury in the course and scope of your employment in the state of Minnesota, you have certain rights under the Minnesota Workers’ Compensation Act. Here is a very basic, step-by-step checklist to follow after an injury to ensure your rights are protected.

Step 1: Report your injury

• When your injury occurs, make sure your supervisor knows about it. Notifying your supervisor can be as simple as writing an email stating the date of your injury, how and where your injury occurred, and which body parts were affected. 
• When you return to the station or firehouse, make sure that a First Report of Injury is filed. Minor injuries can quickly turn into major injuries and there are strict reporting guidelines under the Minnesota Workers Compensation Act. It is important to be covered in the future, so make sure to report ALL of your injuries. 
• An employer may require you to fill out a supplemental injury report, such as a supervisor’s report, incident report, IOD or JD. You should complete these reports. Also make sure a First Report of Injury is completed. The First Report of Injury form is necessary in the context of workers’ compensation. 

Step 2: Seek treatment for your injury

• If you sustain an injury while on duty you must seek treatment in order to protect your rights. This can be as simple as a visit to the emergency room, urgent care or to your family physician. Filling out an IOD is not enough.
• An employer may require that you make an appointment with a physician of their choosing, but you have the right (and should) choose your own doctor for purposes of ongoing care.

Step 3: Ensure the bill is paid by the workers’ compensation insurer

• Once one bill is paid on your behalf by the workers’ compensation insurer it is deemed an admitted injury. This means that for the rest of your life your rights are vested under the Minnesota Workers’ Compensation Act and the statute of limitations does not apply. 

Step 4: Call Meuser Law Office, P.A. to review your options

• Whether your injury is minor or career-ending, it is important to know your rights and options from the onset of your claim.

• We offer police officers and firefighters free, no-obligation consultations in person or over the phone at any point throughout the claims process. We pride ourselves on representing those who spend their lives protecting and serving the public, and are happy to answer any questions you may have about your potential claims. 

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 Ashley Biermann
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Sustained an Injury in the Line of Duty?

If you have sustained an injury in the line of duty, you may be entitled to hundreds of thousands of dollars-worth of benefits. There are several types of benefits available to Minnesota’s first responders who have been injured in the line of duty, depending on the individual circumstances of the case. It can be complicated to coordinate all the different types of benefits to ensure you are maximizing your financial recovery. Working with an attorney who is experienced in this area of the law is in your best interest.

Types of Benefits Available for Injured Peace Officers:

Workers’ Compensation:  Under the Minnesota Workers’ Compensation Act, injured police officers may be entitled to medical, vocational, and wage loss benefits. These benefits include, but are not limited to, temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, vocational rehabilitation services, and retraining benefits. Wage loss benefits are based on the officer’s earnings 26 weeks before the date of injury, from all sources of employment. Many departments also add in injured on duty time to the work comp benefits or allow officers to add in a portion of stored sick or vacation time.

Covered medical treatments include but are not limited to: doctor appointments, chiropractic care, surgery, injections, massage therapy, physical therapy, mental health counseling, prescriptions, pain programs, and acupuncture. Medical care must be both reasonable and necessary for services to be covered. Injured employees are also entitled to medical mileage as well as the reimbursement of certain types of attorney fees.

PERA Duty Disability:  PERA Duty Disability Benefits entitle police officers injured in the line of duty who are no longer able to perform the normal duties of a police officer to 60% of the officer’s “high five” earnings, 60 consecutive months of the member’s highest wages, through age 55 or 5 years from the date of filing, whichever is longer. In order to qualify injured officers must have sustained an injury performing inherently dangerous duties specific to police officers. Additional requirements apply to police officers with injuries over two years old applying for Duty Disability benefits.

Healthcare Continuation under Minnesota Statute §299A.465:  After PERA awards an injured member Duty Disability Benefits or an officer who is over age 55 with over 20 years of service directly applies, an injured police officer is entitled to healthcare coverage through age 65 as if the officer remained with the department. If the officer had family coverage at the time of the injury, his or her family also retains healthcare coverage. Extrapolated over the course of the benefit, this benefit is frequently worth over $500,000. Similar requirements apply to police officers applying for Duty Disability benefits.

Personal Injury:  If police officers are injured in the line of duty due to the negligence of a third-party, such as a person resisting arrest or a negligent driver in a motor vehicle collision, injured officers may bring a civil claim against the negligent party and in motor vehicle cases, claims against under-insured and uninsured motorist insurance policies. These claims include monetary recovery for pain and suffering, loss of enjoyment of life, past and future wage loss, past and future medical treatment, and are in addition to PERA and work comp benefits. If the injuries are so severe that the officer is no longer able to return to work as police officer, he or she may be entitled to very significant sums in addition to PERA/MSRS disability benefits, healthcare continuation benefits, and Minnesota workers’ compensation benefits.

Here are a few more things you may not know:

• PTSD is covered under the Minnesota Workers’ Compensation Act. PERA and MSRS also recognize PTSD as a covered disability for Duty Disability benefits and healthcare continuation benefits under §299A.465.
• Work comp benefits and personal injury monies are non-taxable. PERA Duty Disability benefits are non-taxable until the age 55 or until the benefit converts to a regular retirement benefit.
• Unless there is a dispute, attorney fees are not charged in workers’ compensation cases. Attorney fees in personal injury and work comp cases are contingent. Unless we recover monies on your behalf we do not charge a fee.
• Strict time limits exist as to when injured officers may bring a workers’ compensation, personal injury, or PERA/MSRS disability claim.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA Duty Disability benefits and Healthcare Continuation Benefits under Minnesota Statute §299A.465. Call us today at 877-746-5680.

by Mary Beth
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Employee Who Separates from Date of Injury Employer Due to PERA Duty Disability Remains Entitled to Wage Loss Benefits

Accepting an award of PERA Duty Disability Benefits does not prevent firefighters, police officers, deputy sheriffs, and corrections officers from receiving wage loss benefits, including temporary partial disability benefits under the Minnesota Workers’ Compensation Act.

A member approved for PERA Duty Disability benefits must separate from his or her position covered under the applicable plan, Police and Fire or Corrections, before receiving benefits. Members are encouraged to work in a different capacity. PERA Duty Disability benefits are not the same as PERA permanent and total disability benefits, members may work and still receive work comp benefits, PERA benefits, and income from a new employer. When the member begins working with a new employer and earns less than from the previous city or county employment, he or she will be eligible for temporary partial disability benefits from Minnesota workers’ compensation.

Temporary partial disability (TPD) benefits are wage loss benefits available to injured workers under the Minnesota Workers’ Compensation Act who are able to return to work, but at a reduced wage because of his or her work injury. TPD is available for a total of 225 weeks but no more than 450 weeks after the date of injury. TPD is paid out at a rate of 2/3 of the difference between what the employee was making at the time of the injury or average weekly wage and the reduced earnings. Like other work comp benefits, TPD benefits are non-taxable.

In order to receive TPD injured workers must:

(1) Suffer a work-related injury
(2) Experience a loss of earning capacity as a result of that injury
(3) Be able to work, subject to restrictions
(4) Experience an actual loss of earning capacity

It is well settled law that “[a]n injured worker is not forever bound to his employer in order to retain his entitlement to benefits.” Boutto v. U.S. Steel Corp., slip. Op., No. WC06-288 (W.C.C.A. July 18, 2007). This means that an injured employee does not have to continue to work for the date of injury employer as a prerequisite to receiving work comp benefits. Anything less would force injured workers to be at the mercy of the employer.

This is especially the case when injured workers leave the date of injury employer as a result of PERA awarding PERA Duty Disability benefits. “The fact that the employee accepted an early retirement incentive from his employer for reasons unrelated to his injury or that he remains physically able to perform his previous job is not relevant to the question of whether the employee’s actual loss of earning capacity is causally related to the work injury.” Id. “[I]t is well settled that termination from employment for reasons not connected to the work injury does not preclude an award of temporary partial disability benefits.” Id.

Employers and insurers hate having to pay employees wage loss benefits who separate due to his or her PERA Duty Disability and will look for any excuse to cut off the payment of such benefits. Attorneys may have to file claim petitions or send letters to demand payment.

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 Mary Beth
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What if the Critical Incidents Which Cause PTSD Happen Prior To October 1, 2013?

Frequently, Minnesota police officers, firefighters, and corrections officers worry that they may not be entitled to workers’ compensation benefits arising out of his or her employment because the critical incidents pre-date October 1, 2013. Due to the nature of post-traumatic stress disorder (PTSD), classifying PTSD as a specific injury with a specific “exposure” date may be illogical, especially in cases involving police officers who participate in many traumatic events during the course and scope of their employment. The law changed in Minnesota on October 1, 2013. PTSD is now compensable as a strictly mental-mental injury. The date of injury in these cases are particularly important because the date of injury determines what benefits are available to injured employees.

1. Minnesota Statute §176.011, subdivision 15, defines PTSD as an occupational disease

PTSD may also be considered an occupational disease. Therefore, the applicable date of injury is the date the employee became disabled or diagnosed, not a single specific traumatic exposure under Minn. Stat. §176.66, subd. 1. The employee’s entitlement to benefits is established by the law in effect on the date of disablement, not the law in effect on the last date of exposure. Stillson v. Peterson & Hede Co., 454 N.W.2d 430 (Minn. 1990). As set forth in Criterion G of the DSM-5, the diagnostic tool used to diagnosis PTSD as required by Minnesota Statute 176.011, subdivision 15(d), in order for an employee even be diagnosed with PTSD, the employee must experience a later functional disturbance or impairment in social, occupational, or other areas of function. Many officers are exposed to traumatic events, but not all officers develop PTSD as they may not ever experience a functional impairment.

2. Minnesota Statute §176.011, subdivision 16, also allows PTSD to be defined as a Gillete type injury 

The date of injury in Gillete cases is the date of disablement and include ascertainable events that evidence the culmination of a disability, which include the date the employee initiated medical attention, date of a definite diagnosis, when the treating doctor determined the condition was work-related, and when the employee sought regular medical care. Schnurrer v. Hoerner-Waldorf, 345 N.W.2d 230 (Minn. 1984); Schaffer v. Minn. Orchestra, 53 W.C.D. 341 (1995); Reel v. Loftness Specialty Farm Equipment, slip op. (W.C.C.A. February 3, 2004); Neff v. Supervalue, Inc., 71 W.C.D. 217 (W.C.C.A. 2011); Cramer v. United Parcel Services., 72 W.C.D. 519 (W.C.C.A. 2012). As set forth in Criterion A in the DSM-5, PTSD may develop from the exposure to one or more traumatic events. It is questionable whether a physician could even pinpoint to a degree of medical certainty which event accounts for what percentage of the employee’s overall PTSD; therefore, the date of disablement is the logical date of injury.

3. A date of injury before October 1, 2013 does not bar an employee’s claim for benefits arising out of his or her PTSD post October 1, 2013

Even if an employee developed PTSD before October 1, 2013, his PTSD prior to October 1, 2013 would constitute a pre-existing condition. If subsequent traumatic events were substantial contributing causes or factors to the worsening of the condition, then his condition after October 1, 2013 would be compensable.

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 Mary Beth
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PERA Permanent and Total Disability vs PERA Duty Disability

PERA Duty Disability benefits and PERA Permanent Total Disability benefits entitle qualified members to 60% of the member’s average salary over his or her five highest-paid consecutive years of service, which is the equivalent to a retirement benefit based on 20 years of service. If members have in excess of 20 years of qualifying service he or she will receive an additional 3% for every year in excess of 20 years.

Police Officers and Firefighters injured in the line of duty face advantages and disadvantages when deciding to apply for PERA Permanent and Total Disability or PERA Duty Disability benefits.

(1) Requirements

PERA Permanent and Total Disability:  Members must demonstrate that they were disabled in the line of duty while performing inherently dangerous duties specific to the position covered by the plan and are unable to continue working in substantial gainful employment.

PERA Duty Disability:  Members must show that they were disabled in the line of duty while performing inherently dangerous duties specific to the position covered by the Police and Fire Plan. Members may be released to work in another capacity but are not able to fulfill all the normal duties of his or her date of injury position.

(2) Survivorship

PERA Permanent and Total Disability:  If the Duty Disability is total and permanent, the member is eligible for automatic survivor protection until age 55 or 5 years after the disability occurs, whichever is later. Survivor protection means should you die the spouse will receive a portion of the member’s disability pension for a set amount of time.

PERA Duty Disability:  If the member is approved for Duty Disability he or she may elect a survivorship option, such as single life, 50% or 100%. The monthly disability benefit is then reduced based on the option to pay for the elected survivorship option, which then functions like life insurance for the disabled member. When the Duty Disability converts to a retirement benefit, either in 5 years or at age 55, whichever is later, then the member may re-elect and change his or her survivorship option.

(3) Taxation

PERA Permanent and Total Disability:  The base 60% of the member’s five highest consecutive years of his or her salary remains non-taxable for life; however, the member’s benefits stemming from service in excess of 20 years is taxable.

PERA Duty Disability:  The base 60% of the member’s “high five” is non-taxable until the disability benefit converts to a retirement benefit. Benefits attributable to service in excess of 20 years is taxable, even when categorized as a disability benefit.

(4) Workers’ Compensation Offsets

PERA Permanent and Total Disability:  If PERA approves a member for permanent and total disability benefits, he or she remains in disability status for his or her lifetime and the benefit never converts to a retirement benefit.

If the member cannot work on a substantial gainful basis than he or she will not be eligible for temporary partial disability benefits in workers’ compensation benefits.

The member would likely be deemed “permanently totally disabled” in the workers’ compensation context as well. Permanent total disability benefits in work comp are completely offset by PERA disability benefits. Members frequently receive more in PERA disability benefits than they would be entitled to receive through work comp. Therefore, if members receive PERA permanent and total disability benefits they may not be entitled to any wage loss benefits from work comp.

PERA Duty Disability:  If PERA approves a member for Duty Disability benefits, then he or she is able to receive wage loss benefits from work comp in addition to his or her PERA benefits.

The member may receive work comp, PERA, and work in a different capacity. If he or she earns less money than the member did before the injury, then he or she may be entitled to temporary partial disability benefits. If these three sources of income are over 125% of the members “high five” income then the PERA benefit is reduced a dollar for every three dollars.

If the member is deemed “permanent and totally disabled” in the workers’ compensation context, then the member’s PERA Duty Disability benefits are offset until the PERA benefits convert to a retirement benefit.

If you are considering applying for PERA Duty Disability or PERA permanent and total disability benefits contact the attorneys at Meuser Law Office, P.A. for a free, no obligation consultation. Each case is unique you may be sacrificing hundreds of thousands of dollars if you apply for the wrong benefit. 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. Call us today at 1-877-746-5680.

by Mary Beth
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Can PERA PTD Benefits and PTD Work Comp Benefits be Awarded?

If PERA awards a police officer, firefighter, or deputy sheriff permanent total disability (PTD) benefits then he or she IS still entitled to permanent total disability benefits under Minnesota worker’s compensation. Permanent total disability benefits in workers’ compensation are benefits payable to injured workers who are unable to return to gainful employment. PTD is calculated using an injured worker’s average weekly wage (AWW) and is multiplied by 2/3 for a compensation rate under Minnesota Statute §176.011, subdivision 18. This amount is capped at the same limit as temporary total disability (TTD) and is subject to cost of living adjustments over time. PERA disability benefits and Social Security Disability Income (SSDI) benefits are also increased on a very limited basis over time. In many cases, employees must reach a certain rating of permanent partial disability (PPD) before he or she is awarded PTD benefits or deemed to have reached PTD. These ratings take into account all permanent conditions, work related or not, that affect the employee’s ability to work.

PTD benefits are offset by certain types of disability benefits, such as social security disability benefits and PERA PTD benefits; however, workers’ compensation PTD benefits in Minnesota are not offset until the employer and insurer have paid $25,000 in PTD benefits under Minnesota Statute §176.101, subdivision 4. Notably, benefits are only offset if the SSDI benefits and work comp benefits are based on the same injuries.

Frequently, if a PERA member is receiving PERA permanent total disability benefits and is deemed PTD by workers’ compensation, after reaching the $25,000 threshold work comp does not owe the injured worker anything until the injured worker’s PERA PTD benefits convert into a retirement benefit. Typically, the PTD PERA benefits completely offset the work comp PTD benefits. Many PERA members will also not receive SSDI benefits as he or she has paid into PERA instead of SSDI. However, those who are entitled to social security disability will have those benefits offset by work comp as well.

PERA PTD benefits convert to retirement benefits on the member’s normal retirement age, which for members covered under the Minnesota Police and Fire Plan is 55 years old. Under the recent Minnesota Supreme Court case Gary Ekdahl v. Independent School District #213, once these benefits convert, then the work comp insurer is no longer allowed an offset for PTD benefits.

Typically, an injured worker who is awarded PERA PTD benefits and is deemed PTD by work comp, is entitled to:

1. The first $25,000 of work comp PTD benefits
2. Permanent partial disability benefits for loss of use or function of a body part
3. Medical mileage

The employee is also entitled to medical care and treatment that is both reasonable and necessary and designed to cure or relieve the effects of the injury. After being awarded PERA duty PTD benefits, the police officer, firefighter, or Deputy Sheriff is also entitled to Healthcare Continuation Benefits under Minnesota Statute §299A.465 provided by the employer as if the member was still an employee. This healthcare continuation, which includes family health care coverage, extends until the member reaches age 65.

Educate yourself about your rights under the Minnesota Workers’ Compensation system, PERA Duty Disability claims, as well as healthcare continuation claims. You may recover more benefits overall by applying for PERA Duty Disability rather than PERA PTD. It may not be in your best interest to be deemed PTD by Minnesota work comp until after your PERA disability benefit converts to a retirement benefit. 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. Contact Meuser Law Office, P.A. for a free, no-obligation workers’ compensation case consultation.  Call us today at 1-877-746-5680.

by Mary Beth
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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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