Meuser Law Office, P.A. has proudly and successfully represented hundreds of police officers and firefighters throughout the state of Minnesota for PERA disability and workers’ compensation claims for injuries sustained in the line of duty.

Coordinating all the different types of benefits available to injured police officers and firefighters is complicated. It’s easy to make mistakes, and those mistakes can cost hundreds of thousands of dollars.

After you’ve jumped through all the hoops, gotten all the documentation, filed your application, waited…and waited…and waited, you’ve finally gotten approved for PERA Police and Fire Plan or Corrections Plan Duty Disability benefits! But, you’re not quite done yet! You can still screw things up and accidentally mess up your claim!

After you’ve been approved for PERA Police and Fire Plan or Corrections Plan Duty Disability Benefits, you need to be physically off the job within 45 days. If you are not physically off the job, your application is cancelled, and you cannot re-apply for a period of one year based on the same condition. That means if you stay on the job even one day longer, your application is dismissed, and you went through all the work of applying for nothing. This is a deadline that you should not play around with. As a general rule, once one of our clients is approved for PERA benefits, if they are still working, we instruct them to discontinue immediately.

Note that you are not required to separate within 45 days; however, in many cases, for police officers and firefighters who are still employed by the department at the time they are approved for benefits, separating from public employment after an approval from PERA is the best option. This is because PERA benefits begin to accrue up to 90 days prior to your application, or the after you have exhausted all employer-based pay, whichever is later. For disabled police officers or firefighters who are still on the payroll, using IOD or sick and vacation time, it’s usually better to separate after you’ve been approved so that your PERA benefits begin to accrue right away, and immediately cash out any remaining sick and/or vacation time in a lump sum. In short, separating after you’re approved and cashing out your remaining accrued benefits means you get to collect the value of those benefits in a lump sum, rather than collecting them over the course of several weeks or months, and your PERA benefits begin to accrue immediately after your last check from your employer.

For police officers and firefighters who are approved for PERA Duty Disability, and who are working in a light duty capacity, the rule still requires that you physically be off the job within 45 days. However, it gets a little trickier to navigate under these circumstances. That’s because simply quitting your light duty job, or turning down an offer of a light duty assignment, may adversely affect your claim for workers’ compensation wage loss benefits. It’s a fine line to walk, and it’s easy to make a mistake at this stage, which can hurt your PERA claim, or it can hurt your workers’ compensation claim.

Meuser Law Office, P.A., has successfully handled combined workers’ compensation and PERA Duty Disability claims on behalf of Minnesota’s injured firefighters and police officers for the last decade. When it comes to navigating the complicated rules between Minnesota PERA and workers’ compensation to ensure the best outcome on behalf of our police officer and firefighter clients, there is no law firm in the state that does a better job than Meuser Law Office, P.A. 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.

Clients frequently contact us and wonder if he or she is a candidate for retraining. Under Minnesota Statute §176.011, subdivision 17a, retraining is a workers’ compensation benefit that provides formal training in a school setting to injured workers in an effort to return injured workers back to suitable gainful employment. While available under the statute, retraining is rarely awarded in Minnesota and not every injured worker is eligible for retraining benefits.

A workers’ compensation judge evaluates each injured worker’s case under the “Poole factors” detailed below:

(1) the reasonableness of a retraining program in comparison to the employee finding another job through placement services with the assistance of a qualified rehabilitation consultant (QRC)

(2) the likelihood of the injured worker will succeed in a formal school setting, given his or her abilities and interests

(3) the likelihood that the injured worker will reasonably procure employment after the retraining program

(4) the likelihood that the retraining program will return the injured worker back to an economic status to which the injured worker had before the injury.

Poole v. Farmstead Food, 42 W.C.D. 970, 978 (1989).

A Qualified Rehabilitation Consultant (QRC) will first assist an injured worker in conducting a diligent job search and determine if a position can be found near the injured worker’s pre-injury wage in a field that the injury worker has the mental skills and physical ability to perform. If it is determined that it is unlikely without additional formal training that the employee will be able to find suitable employment the QRC may prepare a formal retraining proposal. This is another instance in which it’s important for the employee to choose the QRC and not the employer and insurer.

Retraining programs can include programs ranging from vocational technical certifications to a four-year bachelor’s degree. The cost of a proposed training program is weighed against the costs of the traditional approach to rehabilitation under the Minnesota Workers’ Compensation Act. During the retraining program the employee is also entitled to monetary compensation, which is the equivalent to temporary total disability benefits or 2/3 of the injured worker’s average weekly wage, nontaxable, or wages 26 weeks before the date of injury. Because this is a costly process the employer and insurer will not volunteer to start paying for a retraining program and the fight for a retraining program which can drag on for years.

Frequently our clients who are police officers or firefighters and are unable to return to work after a disabling injury inquire as to whether or not he or she would be able to receive retraining benefits. While the length of time the employee will be able to work in the future career is not a measurement to retraining, and PERA disability benefits are not considered in determining an employee’s eligibility for retraining assistance under Erickson v. City of St. Paul, it still may not be to the employee’s benefit to complete a retraining program. Slip. op. No. WC06-258 (W.C.C.A. Apr. 16, 2007). The offsets between PERA Duty Disability benefits and workers’ compensation are complicated and differ based on the employee’s work status. Sometimes it makes more sense financially for an injured worker to take a lump sum settlement and pursue school on his or her own and not under the Minnesota workers’ compensation system.

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 case evaluation and consultation by calling 1-877-746-5680.

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

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

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

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

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

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

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

Post-traumatic stress disorder (PTSD) is a very serious and very common illness that is suffered by many of our Minnesota police officers. In our practice at Meuser Law Office, P.A., we are seeing more and more police officers who have experienced extreme critical incidence and very traumatic experiences that have resulted in the development of post-traumatic stress disorder.

If you sustain an injury while in the course and scope of your employment here in the state of Minnesota you have various rights under the Minnesota Workers’ Compensation Act. Before you’re entitled to those rights however, you are required to do certain things. This is very important. Often times employees will hold off on filing the First Report of Injury thinking that the injury will go away or they will give it a rest over the weekend or ‘I’ll ice it tonight’ and unfortunately they don’t report the injuries. The most important aspect of what you do is to report that injury. In our opinion you need to do more than simply report the injury to your supervisor. Often times a supervisor will not write it down or the supervisor will not report it to Human Resources. So in order to protect yourself now and in the future you need to send the supervisor, HR or the appropriate person written documentation that you have, in fact, sustained an injury; when the injury occurred; how it occurred; and what body part was affected. From there, your responsibility ends.

The employer is then responsible to prepare what is called a First Report of Injury. This is a document that they are required to file with the state of Minnesota confirming that in fact you have sustained an injury and that it has been reported to them. From there they will contact the workers’ compensation liability carrier and the process begins as it relates to your claim.

 At Meuser Law Office, P.A. we work on a contingency fee basis, which means our attorney fees are based on the amount we recover on your behalf. It also means that there is no fee unless we recover benefits on your behalf.

 Call Meuser Law Office, P.A. at 877-746-5680 for a free, no-obligation Minnesota workers’ compensation legal consultation. Let the experienced attorneys at Meuser Law help you understand this often confusing area of the law and ensure you receive the full benefits you are entitled to.

Original link to article: https://peraworkcompattorneymn.blogspot.com/2017/01/first-report-of-injury.html

When injured employees bring a Minnesota worker’s compensation claim, insurers and employers have a right to send the employee to an independent medical exam (IME). Doctors paid by the insurance company perform the exam and therefore are not independent and very rarely find the employee is injured. If on the rare occasion the doctor finds the employee is injured, the IME report typically states the injury is not a result of his or her employment. During the IME the doctor performs a brief examination, but the vast majority of the written report is based on a review of the employee’s medical records. Independent medical exams are particularly troublesome in post-traumatic stress disorder (PTSD) cases for a few reasons, such as:

Independent medical exams conducted on police officers, firefighters, corrections officers, deputy sheriffs, and 911 dispatchers in Minnesota workers’ compensation cases are extremely subjective. Unlike other work comp cases, injured workers can point to objective findings on an MRI or CT scan. Mental illness has subjective components.

In order for a medical provider to diagnose a person with PTSD, the person must meet the criteria set forth by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). Clinicians may choose to administer a few different tests in order to support his or her diagnosis, including the MMPI-2 (Minnesota Multiphasic Personality Inventory), CAPS-5 (Clinician Administered Posttraumatic Stress Disorder Scale for DSM-5), PCL-5 (PTSD Checklist for DSM-5), or MCMI-III (Millon Clinical Multiaxial Inventory).

These tests rely heavily on self-reporting and therefore, make it easy for the IME doctor to claim that the injured worker is malingering, over-reporting, or making up symptoms. Experienced clinicians who regularly treat people with post-traumatic stress disorder can differentiate between fake and real symptoms, but IME doctors motivated by money from the insurance company are not inclined to diagnose injured workers with PTSD.

Additionally, more often than not PTSD occurs with a number of other mental health conditions. People who suffer from PTSD may also suffer from an anxiety disorder or depression and may abuse alcohol as well. IME doctors may purposefully attribute all the injured worker’s symptoms to other disorders, which in most cases are not compensable under the Minnesota Workers’ Compensation Act.

IMEs also may re-traumatize injured workers with PTSD. The injured worker is forced to report and relive traumatic events under the microscope during an adversarial process, people looking to discredit and to minimize their experiences.

Unfortunately, the nature of post-traumatic stress disorder lends itself to many of the excuses that employers and insurers use to deny PTSD claims. An even sadder reality is that almost all the employers of our clients with PTSD, police officers, sheriff deputies, and corrections officers are public employees. Our cities and counties are more comfortable granting benefits to public servants with physical injuries that they can see, not the mental scars left behind from being forced to shoot someone in the line of duty, seeing children die in grisly car accidents, being shot at by strangers, or seeing the aftermath of domestic violence. We need to do better by the people who keep the public safe and in the process suffer a very real, debilitating injury.

At Meuser Law Office, P.A. we have successfully represented many injured workers with PTSD, including police officers, firefighters, correction officers, deputy sheriffs, and 911 dispatchers. We have successfully obtained settlements and benefits on behalf of our clients despite negative IME reports. It’s very important to choose a team of lawyers with extensive experience in this complicated area of law if you or someone you love suffers from PTSD as a result of his or her employment. Contact us today at Meuser Law Office, P.A. for a free no-obligation consultation by calling 1-877-746-5680.

Original link to article: https://peraworkcompattorneymn.blogspot.com/2014/08/independent-medical-exams-in-ptsd.html

Wage Increases Stop Rate Rally

From the presidential election until the last few days of the year, the trend in bond yields was upward, and this kept many potential bond buyers on the sidelines. Buyers finally stepped in at the end of the year and then paused early this week. It appears that they were waiting until a major risk, the Minutes from the December 14 Fed meeting, was out of the way. When there were no surprises in the Minutes, investors felt comfortable purchasing bonds again. The rush to buy intensified on Thursday, pushing mortgage rates to the best levels in a month, but Friday’s economic data halted the rally.

The most notable aspect of Friday’s closely watched monthly Employment report was an upside surprise in wage growth in December. Average hourly earnings were 2.9% higher than a year ago, up from 2.5% last month, and the highest level since 2009. While wage increases are great for workers, those same increases can create inflation and higher rates.

Another important economic report released earlier in the week also hinted at higher future inflation. Manufacturers reported that they expect a large increase in the prices to be paid for producing goods. Since it reduces the value of future cash flows, inflation is negative for mortgage rates. Already wary about inflation due to the manufacturing report, investors pushed mortgage rates higher after the wage data.

Week Ahead

Volatility:        Moderate
Trend:            Neutral

This information is intended for professional reference only, and not intended for consumer use. Additional qualifications and disclosures apply.

Have a great day!

Jim Krantz
Vice President
NMLS # 761955
Jim.Krantz@TraditionLLC.com
Direct 952.252.4488 / Cell 612.716.9999 / Fax 952.252.4489