Part I: Post-Traumatic Stress Disorder in Minnesota Work Comp is an Occupational Disease, Not a Specific Mental Injury

Under the Minnesota Workers’ Compensation Act, in particular Minnesota Statute § 176.011, subdivision 15, Post-Traumatic Stress Disorder (“PTSD”) is defined as an occupational disease. Because PTSD is defined as an occupational disease, the date the employee became disabled is the date of injury, not a specific traumatic event(s). Employers’ and insurers’ reliance of the date of a traumatic incident, rather than the date of disablement, unfairly denies workers’ compensation benefits to injured workers suffering from PTSD.

This is the first in a 2-part series analyzing Post-Traumatic Stress Disorder injuries in the Minnesota workers’ compensation system. Part I describes the types of injuries in the workers’ compensation system and Part II demonstrates that PTSD should be categorized as an occupational disease type injury.

An Injured Worker’s Date of Injury is a Controlling Event

The date of an employee’s injury is a controlling event in Minnesota workers’ compensation law. This means that the law in effect on the date of the employee’s injury determines the amount and type of benefits to which the employee may be entitled. The date of injury is also important in avoiding statute of limitation or notice issues that may prevent employees from receiving benefits. Because PTSD was not a compensable injury under the Minnesota Workers’ Compensation Act until after October 1, 2013, determining the date of injury is vital to a successful PTSD claim.

Post-Traumatic Stress Disorder should not be treated the same as a “specific injury” under the law. Currently, many of the employees suffering from PTSD have experienced or been exposed to specific traumatic events prior to October 1, 2013. But, because he or she did not become disabled until after October 1, 2013, the injured employee has a compensable work comp claim.

Unfortunately, due to perhaps a lack of knowledge of the mechanism of PTSD or desire to avoid paying injured workers’ benefits, many employers and insurers treat PTSD as a specific injury. Hopefully, the Minnesota Courts will take up this issue and provide clarification to ensure many deserving injured workers receive compensation for their injuries. Many of the employees suffering from PTSD are police officers, firefighters, and correctional officers. These public servants who risk their lives deserve better from the Minnesota workers’ compensation system.

Types of Injuries in Minnesota Workers’ Compensation Law

For background, Minnesota workers' compensation law recognizes various types of injuries, including but not limited to: specific, Gillete, or occupational diseases. Different types of injuries have different ways to determine the date of injury.

Specific Injuries

A specific injury occurs when a discernable incident causes an employee to be injured in the course and scope of the employment. Previous case law used an “accident test” to determine if an injury was compensable. The date of injury in a specific injury appears obvious - the date on which the employee suffered injuries from an incident or accident. For example, an employee injures her back during a slip and fall at work on April 4, 2015; therefore, the date of injury is April 1, 2015 and the applicable laws are those are in effect on April 4, 2015.

Gillete Type Injuries

In contrast, a Gillete type injury is when injuries occur as a result of repetitive trauma in the performance of ordinary job duties. The date of injury in a Gillete type claim allows for some flexibility. Previous case law required that courts use the date when an “ultimate breakdown” occurred. Now, the modification of an employee’s job duties due to restrictions, when an employee seeks medical treatment, or lost time from work may be used to determine the employee’s date of injury.

In Anfinson v. Anamax Corp. the Court determined that the last date of employment was the date of the employee’s Gillete type injury, even though the employee did not miss time from work, have medical treatment, nor changed jobs as a result of the medical condition. slip. op., No. WC09-4976 (W.C.C.A. Mar. 8, 2010). Recently the court found that when an employee’s condition did not cause symptoms until some time after his last date of employment, the date of disablement can be established as the last date of employment. See Wittstock v. McPhilips Bros. Roofing Co., slip op. No. WC12-5471 (W.C.C.A. Jan. 9, 2013).

Determining the date of injury in Gillete type injuries is much more complicated than specific injuries arising out of specific incidents or accidents. The employer and insurer may disagree with the employee’s attorney as to the date of injury. Each side will argue a date of injury that either limits the benefits or allows for more generous benefits. If the matter settles, the parties may compromise and if the matter were to proceed to a workers’ compensation hearing, then a judge would determine the date of injury.

Occupational Diseases

An occupational disease is a disease arising out of and in the course of employment, peculiar to the occupation in which the employee is engaged, and the employment puts the employee at a greater risk than the general public. Minn. Stat. § 176.011, subdivision 15(a). The date of injury in occupational disease cases, the date in which the injury becomes compensable, is the date the employee becomes disabled as a result of the condition. Minn. Stat. § 176.66, subd. 1.

The definition of the date of disablement has expanded over the years. Previously, the date of disablement occurred when an employee is no longer able to earn full wages in the position last employed. See Notch v. Victory Granite Co., 28 W.C.D. 252, 238 N.W.2d 426 (Minn. 1976). The date of disablement does not have to be the last date the employee worked. See Sorcan v. USX Corp., slip op., No. WC04-287 (W.C.C.A. June 29, 2005). The date of disablement can also be defined as taking a different job at reduced wages or requesting a job change. Lundmark v. Nokomis Sheet Metal, 45 W.C.D. 213 (1991).

Notably, in occupational disease work comp claims, 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. See Stillson v. Peterson & Hede Co., 454 N.W.2d 430 (Minn. 1990).

As determined by the mechanisms of PTSD and the Minnesota Legislature, PTSD has been defined for the purposes of workers’ compensation as an occupational disease; therefore, the appropriate date of injury is the date on which the employee became disabled as a result of the condition, not the date of the traumatic event or “exposure.”

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.

by Mary Beth
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New Bill Seeks to Help First Responders with PTSD

This week, the Minnesota legislature issued a News Release announcing the introduction of a bill that could have major implications for Minnesota’s first responders who suffer from PTSD.

Since October 1, 2013, the Minnesota workers’ compensation law has recognized post-traumatic stress disorder (PTSD) as a “covered” injury for purposes of workers’ compensation law. In the 2 ½ years since the law passed, in our practice, we have unfortunately seen some workers’ compensation insurers take a “full court press” approach to defending against these cases – many involving police officers, firefighters, and corrections officers. We have seen cases where a police officer clearly and obviously suffers from profound PTSD as the result of terrible trauma, and yet the workers’ compensation insurer denies that it was “traumatic enough” of an event, or hires an adverse doctor to offer an outrageous opinion that the person doesn’t have PTSD.

This week, Rep. Dan Schoen (DFL – St. Paul Park) and Sen. Matt Schmit (DFL – Red Wing)  introduced a bill that would include post-traumatic stress disorder under the “presumption” section of the Workers’ Compensation Act – meaning that post-traumatic stress disorder would be “presumed” to be work-related for some specific first responders, including police officers, firefighters, paramedics, EMTs, conservation officers, and others.

While PTSD is currently covered under Minnesota Workers’ Compensation, this statute would change the burden of proof – meaning that it would no longer be the employee’s burden of proof to demonstrate that he or she has PTSD and that it is work-related – it becomes the employer/insurer’s burden of proof to disprove that the individual’s PTSD is work-related.

Seeing the practical realities of how PTSD claims are administered by some public employers, we at Meuser Law Office, P.A., are hopeful that this presumption statute will it easier for our state’s first responders to get the benefits they are entitled to under the law.

Representative Schoen commented that “It really just comes down to we’re at the point where there is just zero question whether this is a work-related injury…we know it is.”

Schoen, a Cottage Grove police officer, said police and firefighters have told him of their experiences with post-traumatic stress disorder. Public agencies send first responders into the “worst of the worst,” he said, and those experiences build over time.

“Everybody’s got a bucket and that bucket might be different sizes for different people, but it starts to fill up,” Schoen said.

Schoen and Schmit said they don’t expect their bill to pass this session. The GOP-controlled House has not scheduled a hearing, Schoen said. Instead, they want to hold an information hearing yet this session to raise awareness.

We at Meuser Law Office, P.A., have created a petition for you to easily show your support for this legislation. Click here to read and sign the petition. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this important bill.

Meuser Law Office, P.A., has proudly represented Minnesota's first responders for PTSD-related claims for over a decade. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to contact their legislators to urge them to support this important bill.

Click here to find contact information for your state representatives.

by Ron Meuser
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Why Has My Work Comp PTSD Claim Been Denied?

Since October 1, 2013, workers who have developed PTSD, or post-traumatic stress disorder, as a result of exposure to traumatic events while in the course and scope of their employment are entitled to workers’ compensation benefits in the state of Minnesota. Many of our clients with PTSD are police officers, State Troopers, corrections officers, deputy sheriffs, 911 dispatchers, and firefighters.

Despite that an employee may have been diagnosed with post-traumatic stress disorder by a licensed psychiatrist or psychologist and the treating physician determined that the employee developed PTSD as a result of traumatic work-related exposure or exposures, most work comp insurance companies will deny PTSD claims.

If a work comp insurance company denies your PTSD claim you should immediately consult with an attorney to bring a claim petition on your behalf.

Top Reasons Work Comp Insurance Companies Deny PTSD Claims

1.  The date of the injury is before October 1, 2013

Many adjusters are not familiar with the new law and the correct application of the law. If a police officer, firefighter, corrections officer, or 911 dispatcher witnessed or experienced a specific traumatic event before October 1, 2013, insurance companies typically deny primary liability of the claim. Even if the traumatic event did take place before October 1, 2013, the applicable date of injury used to determine compensable claims is the date the employee became disabled as a result of the condition.

2.  Inadequate medical support

While the employee’s doctor may find that the work activities caused the employee to develop PTSD, the work comp insurance carrier may find that they do not agree with the treating physician. At some point they may send you to an Independent Medical Exam or “IME” these exams are certainly not independent as the doctors are paid by the work comp insurer and likely will find that the employee does not have PTSD nor has he or she developed PTSD as a result of work-related exposures.

3.  The type of traumatic event was one that the employee was expected to be exposed as a part of regular job duties

This reason for denial has no basis in law nor does it make any sense. But, I’ve seen work comp adjusters use this reason as a basis for denial of primary liability. It’s irrelevant that as a part of the employee’s job duties he or she was exposed to horrifying, shocking, or disturbing events or that as a part of his or her job duties, it’s not unconceivable that he or she might be attacked or fear for his or her life.

4.  Non-compensable mental injury without physical injury

Despite that the law change as of October 1, 2013, and work comp in Minnesota no longer requires that the employee also experience an accompanying physical injury, many adjusters still deny on this basis.

5.  The employee did not physically witness the disturbing event

Under the Diagnostic and Statistical Manual of Mental Disorders (DSM-V), the qualifying diagnosis for PTSD has changed and allows for individuals who experience the disturbing events, although physically removed from the situation, to be diagnosed with PTSD. The DSM-V is the standard that doctors use to diagnose conditions. Therefore under the DSM-V, a 911 dispatcher may still be entitled to workers’ compensation benefits if he or she develops PTSD. But, adjusters will still deny claims for this reason.

If the work comp insurance company has denied your PTSD claim, their denial does not mean that you are not entitled wage loss benefits, rehabilitation, retraining, or medical benefits under the Minnesota Workers’ Compensation Act as a result of your disability.

At Meuser Law Office, P.A. we have successfully obtained benefits on behalf of employees who have developed post-traumatic stress Disorder both before and after the law changed on October 1, 2013. Our attorneys have represented many police officers, firefighters, corrections officers, and State Troopers with PTSD and successfully recovered benefits on their behalf. If you have developed PTSD as a result of your job duties contact our office today for a free, no-obligation consultation.

by Mary Beth
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What is PTSD?

What is post-traumatic stress disorder (PTSD)? It is a psychological and physiological response to extreme traumatic stress, often times involving actual or threatened death, either being involved in or exposed to. In essence, when the body experiences that type of severe traumatic stress, it can in some instances overwhelm the mind and body’s ability to cope with that type of stress. It kind of causes a breakdown in the individual’s ability to essentially manage stress-type symptoms. So, what it often times causes is a person to experience a constant state of being stressed. Those stress functions of the mind and body are constantly activated. It is kind of like having your foot on the gas pedal all the time.



As a result of that it can cause increasingly severe symptoms which are sort of the hallmark characteristic symptoms associated with post-traumatic stress disorder.  Those are very common and they include, amongst other things, intrusive thoughts and that can be anything from traumatic or disturbing nightmares, it can be unwanted thoughts that pop up in response to innocent or innocuous triggers. You could be walking down the street and you see a car that reminds you of some terrible, traumatic incident you were involved in. It shouldn’t trigger a traumatic response but it does because you have associated that type of thing with the traumatic event.

It can also involve things that are known as flashbacks and that is a dissociative response where you feel as though the incident is actually happening again. It can last for a few seconds up to several hours. That can be anything from briefly smelling smells that you experienced at the time or hearing some of the sounds you experienced at the time. Those are some of the cardinal symptoms associated with PTSD. In addition to that there is also the avoidance symptom, where in essence, you actively attempt to avoid thinking about or experiencing the memories associated with the traumatic event. That can be anything from having difficulty talking about the event or experiencing severe distress when you are discussing the event. It can also involve avoiding people, places, or things that are associated with the traumatic event. So, for example in the context of law enforcement, hearing sirens may cause a sense of panic or a sense of upset. Seeing colleagues in their uniform being reminded of that traumatic event, trying to avoid crowds for instance. So, it’s avoiding people, places, things that are associated with the traumatic event.

In addition to that there is also the feelings or negative moods that are experienced as a result of post-traumatic stress disorder that can include, particularly in law enforcement, a sense of a shortened future - you feel like your number is going to be up. You can feel, in particular, guilt or shame associated with the traumatic event, thinking had I done something differently maybe the outcome would be different. Feeling dissociated from family, friends, loved ones; no longer enjoying things you used to like to do, so negative moods.

In addition to that there is the cardinal symptom associated with PTSD which is the hyper-vigilance or hyper-arousal and that is tied to being in a constant state of stress and that can include a heightened startle response. You are a lot more jumpy – you hear a sound or a loud noise and it startles you much more than it normally should. It may be feelings of constantly being on edge, you feel like something bad is going to happen around every corner so with our law enforcement we often hear them say they go into a room and they immediately scan to see if there is any danger in the area. People will report that they lock their doors 7 times at night before they go to bed and we even occasionally have people say that they sleep with a knife under their pillow, so those would be examples of that hyper-vigilance or hyper-arousal.

It can also include things like reckless or irrational behavior and that is not uncommon, unfortunately, taking risk- taking behavior, so driving at excessive speeds, often times this can turn into a situation where there is alcohol abuse; run-ins with the law, things with that sort of risk-taking behavior. It can also involve increased irritability. A lot of times, people will report they started blowing up at their family a lot – ‘I was getting really angry over small things.’ It’s an increased outburst in response to relatively smaller stressors and that is a very very common symptom associated with post-traumatic stress disorder.

In addition to that, difficulty concentrating, you can’t keep focus because you are constantly on alert; difficulty falling asleep particularly because your mind is always racing; difficulty staying asleep and obviously if your sleep is already being interrupted by traumatic nightmares it just compounds the issue.

In essence, those symptoms typically associated with post-traumatic stress disorder ultimately become very distressing or they ultimately become impairing from a social context, so they interfere with your social relationships. Perhaps they are causing a strain on your marriage or causing difficulty with interactions with your kids.

Or they ultimately result in difficulty in performing your job duties and in the context of law enforcement that comes out where officers will start being concerned about their abilities to safely and effectively carry out their duties as a result of these symptoms.

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 our state’s first responders are entitled to when injured on the job, as well as discuss PERA Duty Disability, PTSD, and Healthcare Continuation Benefits eligibility.
Call us today at 1-877-746-5680.

by Jen Yackley
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PERA Police and Fire Plan Duty Disability Benefits Awarded to a Disabled Minneapolis Firefighter

Meuser Law Office, P.A. just received notice of approval for PERA Police and Fire Plan Duty Disability Benefits on behalf of a Minneapolis Firefighter who sustained bilateral shoulder injuries and a concussion when he fell down stairs while performing overhaul at the scene of a house fire, landing on his air pack on his back. He was ultimately assigned permanent restrictions precluding him from returning to full duty firefighting despite undergoing extensive medical treatment.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.

Symptoms of PTSD: When to Get Help

The consequences and causes of post-traumatic stress disorder (PTSD) are gaining recognition especially as the United States Military has implemented programs to treat soldiers experiencing post-traumatic stress disorder after serving in Iraq and Iran. However, military personnel are not the only individuals at risk of PTSD.

The risks that police officers face in the line of duty have been highlighted in recent news stories across the nation. State Troopers, police officers and firefighters in Minnesota are no different. They face the risk of injury and loss of life in their duties daily. These daily risks produce the types of traumatic events that can cause PTSD.

According to the Mayo Clinic, post-traumatic stress disorder (PTSD) is “a mental health condition that is triggered by a terrifying event—either experiencing it or witnessing it.” However, predicting when and if PTSD will develop is difficult for several reasons. First, PTSD may develop after a single event or after multiple traumatic events. Second, PTSD sometimes develops with a few months of the traumatic event or events, but may also develop years after the trauma. Third, not everyone witnessing a traumatic event will develop PTSD.

The U.S. Department of Veteran’s Affairs defines a traumatic event as a time when “you think that your life or other’s lives are in danger.” With any traumatic event, fear and a feeling of no control are normal. These events cause difficulty in adjusting and coping for a while, but they do not always cause PTSD. If symptoms start to worsen so that they interfere with daily functions or if symptoms last for months or even years, you may have developed PTSD.

Medical specialists identify four broad symptoms of post-traumatic stress disorder:

• Reliving or re-experiencing the traumatic event or events. Reliving can occur in flashbacks, bad memories, or nightmares. Sometimes, it may feel as if you’re going through the event again. 
• Avoidance. Those with PTSD stay away from places, situations, or people that trigger memories of the traumatic event. You may avoid thinking or talking about the event with others. 
• Hyperarousal. Hyperarousal is described as “feeling keyed up.” These symptoms make it hard to complete daily tasks like sleeping, eating or concentration because individuals with PTSD are overly alert and feel tense.
• Negative changes in beliefs or feelings. PTSD often causes feelings of fear, guilt, or shame. Activities or events that you may once have enjoyed are interesting. You may feel hopeless about the future or emotionally numb.

The way post-traumatic stress disorder impacts an individual depends on many factors. Your experience with PTSD may not be the same as others. Additional warning signs to look out for include: self-destructive behavior, irritability, aggressiveness, angry outbursts, trouble sleeping, difficulty concentrating, or being easily startled or frightened. It is important to know that the intensity of these symptoms can vary over time. When you are stressed or when you encounter reminders of the event or events, the symptoms may become more severe.

Like any injury, PTSD takes time to heal and requires the help of trained medical professionals. Meuser Law Office, P.A. can offer some peace-of-mind during your PTSD treatment. If you develop PTSD as a result of an exposure to traumatic events during the course and scope of your public employment in Minnesota, then you may be eligible for benefits worth potentially hundreds of thousands of dollars.

Meuser Law Office, P.A. has successfully secured PERA Duty Disability benefits and workers' compensation on behalf of a number of Minnesota's first responders suffering from post-traumatic stress disorder (PTSD) as a result of in the line-of-duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser Law Office, P.A. at 877-746-5680 and let our experienced attorneys help you.

by Mary Beth
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Workers’ Compensation Settlement Secured on Behalf of a Disabled Hopkins Police Officer

Following mediation, Meuser Law Office, P.A. reached workers’ compensation settlement of $70,000 on behalf of a Hopkins Police Officer who developed post-traumatic stress disorder (PTSD) as the result of several work-related traumatic exposures. Notably, this officer was also a military veteran who had spent time on deployment in combat. The employer attempted to argue that if he did have post-traumatic stress disorder, that it was related to his combat experiences. Meuser Law Office also secured PERA Police and Fire Plan Duty Disability Benefits and Continuation of Health Insurance Benefits under Minn. Stat. § 299A.465 on behalf of this officer.

Schedule a free, no-obligation consultation by calling 1-877-746-5680 or visit our website and fill out the online form.