In response to the COVID-19 (coronavirus) outbreak, our state government has taken swift and decisive action to financially protect Minnesota’s first responders who contract the virus.

Governor Tim Walz signed into law a revision to the Minnesota’s workers’ compensation statute that creates a presumption that COVID-19 is a work-related occupational disease for first responders. This revision increases the likelihood that Minnesota’s first responders who are infected with COVID-19 will receive workers’ compensation benefits. These benefits include compensation for lost wages and medical expenses that are incurred because of COVID-19.

What does this “presumption” mean?

Typically, to be entitled to workers’ compensation benefits for an occupational disease, Minnesota workers must prove that that their condition arose out of their employment and occurred in the course of their employment. However, the new COVID-19 presumption shifts the burden of proof, meaning that the courts will presume that a first responder’s COVID-19 arose out of and occurred in the course and scope of employment, unless the employer/insurer is able to prove otherwise.

When is it effective?

The new presumption was signed into law by the Governor on April 7, 2020 and became effective on April 8, 2020.

Who is entitled to this new presumption as a “first responder”?

The new revision covers licensed peace officers, firefighters, paramedics, nurses, health care workers, correctional officers, emergency medical technicians (EMTs), and many long-term care facility workers. The presumption also covers workers required to provide child care to first responders and health care workers.

If you are a Minnesota first responder suffering from COVID-19, Meuser, Yackley & Rowland, P.A. can help you understand your rights. The knowledgeable attorneys at Meuser, Yackley & Rowland, P.A. will help you navigate the system and help you obtain access to a variety of resources and benefits with compassionate, expert legal counsel. Contact us for a free confidential, no-obligation consultation. Call us today at 1-877-746-5680.

While many in Minnesota are following the governor’s advice to stay home and follow social distancing guidelines, Minnesota’s first responders continue to help those in need and keep their communities safe. We thank Governor Walz and the Minnesota legislature for recognizing these sacrifices and supporting our first responders.

SAINT PAUL — After nearly a month of back and forth negotiating, the Minnesota Legislature today passed a bill that would help protect the emergency responders on the front line of the current fight against the Coronavirus Pandemic.

The state’s firefighters, police, nurses, corrections workers, homecare workers and other public health workers had been pushing the state to recognize the danger inherent in their work. They sought a tweak to existing law that would recognize a presumption that if they were to contract Covid-19, that it was likely due to a workplace exposure, and thus deserving of coverage by the state’s workers compensation program.

Prior to this law being passed, the workers would need to prove they were infected on the line of duty to receive workers comp coverage. If they were unable to pinpoint the moment of infection, they would be required to pay for their own medical treatment and use sick time to cover any time spent in quarantine.

“This is an important message the state is sending to those of us on the front lines of this battle,” Said Chris Parsons, A St. Paul Firefighter and President of the state’s professional firefighter union. “While we still face a shortage of personal protective equipment, this new law will give us some peace of mind that should the worst happen, we won’t need to worry about how we will pay for the resulting medical attention and/or quarantine time.”

A coalition of groups including the Minnesota Professional FireFighters, Minnesota Police & Police Officers Association, Police Officers Federation of Minneapolis, Minnesota Nurses Association, AFSCME Council 5, AFSCME Council 65, Minnesota Licensed Practical Nurses, Minnesota Teamsters D.R.I.V.E., Teamster Local #320 and the Minnesota State Highway Patrol Troopers Association led the effort on getting this bill passed.

“The Governor, the bill authors, Senator Howe and Representative Wolgamott, as well the leadership in both bodies all deserve credit for remembering nurses, healthcare workers, firefighers, and police are on the frontlines of this crisis,” said Mary C. Turner, president of the Minnesota Nurses Association. “It was a real team effort, and it was good to see that when push came to shove, the state’s leaders were able to put partisanship aside and stand in unity to support the state’s emergency responders.”

More Info:​ ​ For more information, or to set up an interview with any of the other participating organizations, please contact Nate Dybvig at 651.230.3018 or ​nate@spinfirm.com​.

Prayer of the Sheepdog
By Roger Temple

The Knights of Old were Men of Honor

Who used their Might For Right!

Today they’re known as Sheepdogs,

Those who carry on the fight.

I am a tired old Sheepdog,

The guardian of my flock.

I keep the predators at bay

And stand watch around the clock.

Please stop the Sheep from pulling my teeth.

I’ll need them for the fight,

When the hungry Wolves come calling

Some dark and deadly night.

I pray I’ll never need my gun,

But someday if I do,

May my cause be just!

My draw be quick!

And my aim be ever true!

Heaven holds a special place

For those who do the deed,

Defenders of the innocent

In their hour of need.

May the Sheep someday be grateful.

There’s a debt they cannot pay

To the Sheepdogs who lay it on the line

Each and every day.

I am proud to be a Sheepdog.

I’ve done my very best.

I’ll stand my watch until my Maker

Calls me home to rest.

But when I meet St. Peter

There’s just one request I’ll make,

“Please let me spend Eternity

Standing guard at Heaven’s Gate”.

Lord, help us bring this ”Age of Sheep”

To a rapid end.

Then fill this land with Sheepdogs,

Men of Honor, once again.

This prayer is dedicated

To those who bravely face,

The dangers all around us,

To make our world a safer place.

To the soldiers, cops and warriors-

Sheepdogs through and through.

Thank you for your service

And your sacrifices too.

But who will care for the Sheepdog when he is tired, when he is old, when he is injured, when he is sick?

I will. We will.

The Star Tribune recently ran a story about the unique job stressors faced by Minnesota police officers and first responders, and the increasing rate of police officer suicides. Sadly, two Minnesota police officers committed suicide on the same day in November 2019. I can’t begin to describe how heart-breaking it is to hear a police officer explain that he was suffering so terribly due to post-traumatic stress disorder (PTSD) and/or other job-related mental health issues that he considered suicide as his only way “out.” I’ve heard this too many times to count. And it has to stop.

The tragic deaths of Sargent Cory Slifko and Officer Blake Neumann seems to have finally prompted a call to action amongst many of our State’s law enforcement agencies, and at Meuser, Yackley & Rowland, P.A. we are cautiously optimistic that some departments are instituting policies and programs to get confidential, affordable, timely mental health resources to our State’s first responders. We cannot continue to lose our State’s police officers to suicide. One police officer suicide is too many. Something must change.

Shockingly, there is no formal governmental agency tasked with tracking police officer and first responder suicide rates. But we know the suicide rate amongst first responders is devastating. A Massachusetts non-profit, Blue H.E.L.P., is tracking law enforcement officer suicides to bring attention to how serious this problem is, and to honor the service of those who end their own lives. According to Blue H.E.L.P., police officer suicides across the nation rose from 143 in 2016 to at least 228 in 2019. And there have already been 17 police officer suicides in 2020, setting us for a pace to set a new terrible record this year. Death by suicide amongst law enforcement officers is the leading cause of line-of-duty deaths. And these statistics are almost certainly low. Blue H.E.L.P. relies on voluntary reporting of an officer’s suicide by the deceased officer’s survivor(s) or department. That report is then investigated and verified by Blue H.E.L.P. This means that if an officer dies by suicide, but has no survivors or his or her survivors choose not to report the officer’s death to Blue H.E.L.P., that death is not counted amongst the statistics. These statistics also do not include officer suicides where survivors choose not to formally acknowledge the officer’s death as a suicide, or deaths by other more insidious self-harmful behaviors, such as excessive alcohol use.

Beyond the emotional devastation a deceased officer’s survivors face, there are almost inevitably financial struggles for the families that are left behind, including the loss an officer’s income and benefits like health insurance. Resources that are available for the surviving families of officers who have ended their own lives vary dramatically from one department to the next. Even when there are resources available, such as in the line of duty death benefits, continued health insurance benefits for surviving family members, and/or workers’ compensation benefits, a deceased officer’s survivors may still face an uphill battle to actually get those benefits. You see, more often than not, it boils down to the almighty dollar, and in order to save a buck, workers’ compensation insurers and governmental agencies often dispute that an officer’s suicide was “in the line of duty.”

Meuser, Yackley & Rowland, P.A. have represented several surviving families of Minnesota police officers who ended their own lives due to job-related mental health related issues. We can help secure a variety of benefits on behalf of the survivors of a deceased police officer, which hopefully will lighten the financial burden of those left behind to a small degree. While we cannot undo the past, easing the financial stresses of survivors of officers who have taken their own lives can help allow those families to focus on recovering, remembering, and reflecting.

While I hope one day there are no more police officer suicides, and that our State’s first responders have quick, effective access to mental health services, and that post-traumatic stress disorder is no longer an epidemic, until then, we at Meuser, Yackley & Rowland, P.A. are honored to serve Minnesota’s law enforcement community when they need it most. For we are the caretakers of the Sheepdog.

Will my case be delayed due to Coronavirus?

Now that “social distancing” and “flatten the curve” have become part of the collective consciousness, many employees are asking how the efforts to contain Covid-19 will impact their pending workers’ compensation case. Here is an overview of what to expect.

E-filing will continue, but expect disruptions and delays in processing

The situation changes day-by-day, but as of Wednesday, March 18, 2020, the Department of Labor and Industry and the Office of Administrative Hearings, the courts with responsibility for the oversight and administration of workers’ compensation cases are open. However, these courts will operate in a limited capacity in an effort to contain the spread of coronavirus.

Administrative Conferences and Mediations will be conducted by phone

One containment measure that has been adopted by the Department of Labor and Industry (DOLI) and the Office of Administrative Hearings (OAH), is that Administrative Conferences and Mediations will now be conducted via phone. If you are scheduled to attend either of these proceedings, then contact your attorney immediately to discuss the logistics.

Some Hearings may continue in-person, others will be conducted by phone or reset

Although important Hearings will proceed, they may be conducted by phone, with the agreements of the parties. Other Hearings will be reset to take place on a later date. If you have an upcoming Hearing, then contact your attorney immediately to discuss whether it is going to proceed and whether it will take place in-person or via phone. If you are at all concerned that you may not be able to participate in an upcoming Hearing, then contact your attorney immediately so that he or she can file a Motion for a Continuance.

The attorneys at Meuser, Yackley & Rowland, P.A. are available throughout the crisis, via phone and email, to answer any questions you have about the impact that Coronavirus may have on your workers’ compensation claim. Call us today at 1-877-746-5680.

Independent Medical Examinations (IMEs) may be cancelled or delayed

One of the most immediate impacts on pending workers’ compensation cases is that Independent Medical Evaluations (IMEs) and Independent Psychological Evaluations (IPEs) that have already been scheduled, are now being cancelled.

Given the CDC’s guidance regarding social distancing, encouraging people to maintain 6-feet of distance between one another, it makes sense that IMEs and IPEs are being cancelled. This makes sense because doctors cannot conduct a thorough physical examination, if they cannot come into close contact with the injured employee.

However, unless you have received notice that your IME has been cancelled, you should assume that it will continue as scheduled. If you feel uncomfortable attending your previously scheduled IME/IPE because you are a member of the “at risk” population (or, you have regular contact with someone who is a member of the “at risk” population), then you should contact your attorney as soon as possible to discuss rescheduling your appointment.

If your IME or IPE appointment is cancelled, then it will need to be rescheduled. This may result in a delay in your workers’ compensation case. Pursuant to Minnesota Statutes section 176.155, subdivision 1, an adverse examination (IME or IPE) “shall be completed and the report of the examination shall be served on the employee and filed with the commissioner within 120 days of service of the claim petition.”

However, an employee’s attorney may grant an extension allowing for an adverse examination to take place, and the report to be filed, more than 120 days after service of the Claim Petition. Even if an employee’s attorney does not voluntarily grant an extension allowing the late filing of an IME or IPE report, a Workers’ Compensation Judge will allow the late filing of an IME or IPE report upon the showing of “good cause.” Undoubtedly, a Workers’ Compensation Judge would receive a late-filed IME or IPE, if the delay was due to the collective effort to contain the spread of Coronavirus.

If you have a pending workers’ compensation case, but you have not yet received notice that you must attend an IME or IPE, expect that it may be a while before your IME or IPE is scheduled. Because IME and IPE appointments will almost certainly be cancelled and rescheduled, injured workers should expect a delay in the scheduling of future appointments, because of the limited number of doctors who conduct IMEs and IPEs.

Will I still get paid?

Whether or not you continue to get paid wage-loss benefits will vary case-by-case depending on your situation. A description of the most common situations is included below. The attorneys at Meuser, Yackley & Rowland, P.A. are available throughout the crisis, via phone and email, to answer any questions you have about the impact that Coronavirus may have on your workers’ compensation claim.

Admitted claim, receiving TTD

If you have an admitted workers’ compensation claim (meaning that the employer has accepted liability for your work-related injury) and you are currently receiving benefits, then your benefits should continue during the Coronavirus crisis. Voluntary and/or forced business closures may disrupt the timing of benefit payments, but employers and insurers are putting plans in place to ensure that workers’ compensation benefits will continue during the Coronavirus crisis.

Admitted claim, receiving TPD, but 90-days post-MMI

If you have an admitted workers’ compensation claim, and you are receiving Temporary Partial Disability (TPD) benefits, but you are no longer entitled to Temporary Total Disability (TTD) benefits because you are 90-days post-MMI (Maximum Medical Improvement), then your TPD benefits will stop if you are no longer working, for any reason, including business closure and/or quarantine due to Coronavirus.

The Workers’ Compensation Act states that in order to receive TPD benefits, you must be working at a wage loss relative to your Average Weekly Wage (AWW) for your Date of Injury (DOI). If you are not working, then you are not entitled to TPD. In addition, you are only eligible for TTD benefits through 90-days post-MMI. Maximum Medical Improvement (MMI) is the point at which your recovery from your work-related injury has plateaued.

If you are not working, then you are not eligible for TPD. And, if you are 90-days post-MMI, then you are not eligible for TTD. In this scenario, your employer and the workers’ compensation insurer have the right to discontinue your workers’ compensation wage-loss benefits.

Admitted claim, receiving TPD, and not 90-days post-MMI

The Workers’ Compensation Act states that in order to receive TPD benefits, you must be working at a wage loss. If you are not working, then you are not entitled to TPD. However, if you have not been served with notice of MMI and you have not reached 90-days post-MMI, then the employer and workers’ compensation insurer should discontinue TPD and commence TTD. In this scenario, your wage-loss benefits should continue, but in a different form.

Admitted Claim, Settlement Pending Award on Stipulation

If you recently settled your workers’ compensation claim, and the parties agreed to continue payment through the issuance of an Award on Stipulation, then you will continue to receive benefits until a Workers’ Compensation Judge at the Office of Administrative Hearings (OAH) issues an Award on Stipulation, even if the Award on Stipulation is delayed due to court closures.

Expect Delays

Expect delays in processing workers’ compensation payments. Employers and workers’ compensation insurers have ten (10) days to issue payment of weekly workers’ compensation wage-loss benefits. Employers and workers’ compensation insurers are doing their best to keep up with regular payments, but business operations may be disrupted as people transition from working in an office to working from home.

One question we are often asked at Meuser, Yackley & Rowland, P.A. is whether you can receive PERA Duty Disability benefits and still work in another job. We are also asked if you can receive PERA Duty Disability benefits and Minnesota Workers’ Compensation benefits at the same time. The answer to both questions is yes, but there are some limitations.

PERA Police and Fire Plan

Re-employment

If you are receiving Duty Disability benefits under the Police and Fire Plan and return to work in a position not normally covered by the Police and Fire Plan, you may continue to receive a Duty Disability benefit. Your combined salary and benefit cannot exceed the salary you were earning before your disability or 125% of the base salary currently being paid by your former employer for a similar position, whichever is higher. The disability benefit must be reduced by $1.00 for every $3.00 you receive above the limit.

Workers’ Compensation

If you are receiving Workers’ Compensation benefits and are receiving PERA Duty Disability, the amount you receive cannot be more than the higher of either the salary you were receiving before your disability began or the current salary for a similar position.

What Does This Mean?

If you have a denied Workers’ Compensation claim and are not working in another job, then PERA will not reduce the amount of your disability benefit.

If you have a denied Workers’ Compensation claim and are working in another job, then your PERA disability benefit will only be reduced $1.00 for every $3.00 if a combination of re-employment earnings and PERA benefits exceeds 125% of your salary at the time of your disability or the current salary of the same or a similar position, whichever is higher.

If you are receiving Workers’ Compensation benefits and PERA Duty Disability benefits, but are not working in another job, then your PERA benefit will be reduced dollar-for-dollar if you exceed 100% of your salary at the time of your disability, or the current salary for the same or a similar position, whichever is higher.

If you are receiving Workers’ Compensation benefits, PERA Duty Disability benefits, and are working in another job, then your PERA disability benefit will only be reduced $1.00 for every $3.00 if a combination of re-employment earnings, Workers’ Compensation, and PERA benefits exceeds 125% of your salary at the time of your disability or the current salary of the same or a similar position, whichever is higher.

PERA Correctional Plan

Re-employment

If you are receiving Duty Disability benefits under the Correctional Plan and return to work in a position not normally covered by the Correctional Plan, you may continue to receive a Duty Disability benefit. However, your combined salary and benefit cannot exceed the salary you were earning before your disability or the salary currently being paid for a similar position, whichever is higher.

Workers’ Compensation

If you are receiving Workers’ Compensation benefits and are receiving PERA Duty Disability, the amount you receive cannot be more than the higher of either the salary you were receiving at the time your disability began or the current salary for a similar position.

What Does This Mean?

If you have a denied Workers’ Compensation claim and are not working in another job, then PERA will not reduce the amount of your disability benefit.

If you are receiving Workers’ Compensation benefits and PERA Duty Disability benefits, but are not working in another job, then your PERA benefit will be reduced dollar-for-dollar if you exceed 100% of your salary at the time of your disability, or the current salary for the same or a similar position, whichever is higher.

If you are receiving PERA Duty Disability benefits, Workers’ Compensation benefits, and are working in another job, then your PERA benefit will be reduced dollar-for-dollar if you exceed 100% of your salary at the time of your disability, or the current salary for the same or a similar position, whichever is higher.

Coordinating your benefits can be complicated. Because our attorneys are experienced in both workers’ compensation and PERA disability, we can help you navigate the legal and procedural complexities to make sure you maximize your benefits from all sources. Contact the experienced team at Meuser, Yackley & Rowland, P.A. for a free, no-obligation and confidential consultation. Call us today at 1-877-746-5680.

I worked as a Claims Adjuster for more than 13 years. Along the way I learned of a common, sometimes unspoken, theory amongst injured workers – a theory with little merit. Injured workers seem to be under the impression that a pre-existing injury or condition excludes them from being eligible for workers’ compensation benefits. This idea creates an uncomfortable space for injured workers resulting in late reporting or even non-reporting of work injuries. In some circumstances an injured worker may feel compelled to “bend the truth” when discussing the relevant facts of their case with the insurer, their claims adjuster and even their employer. What if I told you the misinformation you provide to the claim adjuster may jeopardize or at minimum delay your entitlement to benefits you would otherwise be entitled to receive? What if I told you a pre-existing condition doesn’t necessarily exclude you from being eligible for workers’ compensation benefits? There are no provisions in the work comp act that allow the adjuster or insurer to deny your claim on the sole basis of pre-existing condition. In actuality, the insurer should be working to identify their window of responsibility as it relates to your current complaints.

Failing to make your claim adjuster aware of a similar complaint can result in a denial of your benefits under mistake of fact. If the initial determination to accept liability was based on misinformation provided by you or a medical provider you are seeing, the insurer will likely deny your claim. In cases where the claim is accepted and the adjuster later becomes aware of the misinformation, the denial could potentially be retroactive to the first day you received benefits.

An insurer or claims adjuster will always need to complete a thorough review, or investigation, of your reported injury. This is the point when the adjuster should become aware of any past complaints of a similar nature. Through a review of medical records, the insurer must determine if the work injury or work activities aggravated a pre-existing condition, accelerated the symptoms of your pre-existing condition or substantially contributed to your current complaints. If one or all of these apply, your claim would likely be compensable and should be paid accordingly.

Following their review, the insurer will likely require additional information to assist them in identifying their duration of responsibility as it relates to your reported work injury. Is your work injury a permanent aggravation of the pre-existing condition or is your injury a temporary aggravation of the pre-existing condition? This identification process is typically completed through a review of your prior medical history followed by an independent medical evaluation (IME). In instances where the injury is deemed to be a permanent aggravation or acceleration, that duration of the insurer’s responsibility is indefinite.

Though there are no guarantees your workers’ compensation claim will be immediately accepted – honesty is the best policy. The insurer is more than likely responsible for something.  Failing to provide information that could change the handling of your workers’ compensation claim will not provide you additional benefits. It’s best to provide the adjuster with the information they need to make an informed decision. If ultimately that decision is not in your favor, reach out to one of our qualified attorneys for a free, confidential consultation.

Forward by Ron Meuser, Jr.

Jen Yackley & I met with Dana (who wrote the story below), her husband Ed & his service dog Rex to hear their story and learn how I can help. They founded an organization called Solder’s 6 whose mission is to provide honorably discharged veterans, police officers, and firefighters with specially trained K-9 dogs. The support they provide these brave individuals is nothing short of amazing and, unfortunately, very needed. We hear from our police officer & firefighter clients with PTSD that the suffering doesn’t end when the job is over and many don’t want the job to end. Dana and Ed’s story is very real, heartbreaking, and a reminder that we must be continuously supportive in any way we can. Please join me in supporting this worthy organization by going to https://www.soldiers6.com/how-can-i-help

“I don’t want to be alive.”

Those are the words I heard on a Tuesday morning before 8:00am. Just as our day is starting, boy off to school, wash going, dogs fed, the morning rush was in full force. I took a second to give him a hug, and as I did, he said, “I don’t want to be alive.” Now, one would think he’s making a threat and I need to be on high alert. First off, my job never ends, my shift is never over, I am always on high alert. I know him well enough to know he is a fighter. He got out of bed to kick life in the ass another day. He is not going to give up this fight. I know he’s tired, weak, vulnerable and incredibly sore. The trauma has manifested into intense pain that has settled into his body like an unwanted guest that never seems to go away. He doesn’t wake to an alarm. He doesn’t have to. He is usually up like clockwork, every morning at zero dark thirty because the pain won’t allow him to sleep.

So what does one do when they hear those gut wrenching words? I hug tighter, love harder, and rally my village to help me help him through.

Everyone should be so lucky as to have his village. Everyone should be so lucky to have the love and support, even on the days that he builds his wall higher and stronger as if to keep me out.

Please be that village for someone. Be the one who is stronger than the force that holds them. Help them to understand, tomorrow is another day. And with your love, guidance and friendship, they can get through.

Dana Abrahamson
Co-founder (with her husband Ed) of Soldier’s 6

Every day we are reminded of the risks that law enforcement officers face. Media reports focus on officer shootings leading to the misperception that gunfire is the greatest risk to which an officer is exposed. No one can deny the inherent risk of an officer being shot but the startling fact is that more officers die from suicide than any other cause. I have lost two clients this year due to suicide. Two other officers died from suicide in November.

Post-traumatic stress disorder, or PTSD, is a mental health condition that may affect people who have experienced or witnessed a traumatic event such as a serious accident, significant bodily injury, sexual abuse/violence or other personal assault.

It has been estimated that 15 percent of police officers in the U.S. experience symptoms consistent with PTSD. Based upon my experience with law enforcement, the percentage of police officers experiencing symptoms consistent with PTSD is substantially higher. In Minnesota, there are approximately 10,400 licensed officers. Even assuming the 15% is accurate, that means over 1,500 Minnesota law enforcement officers are dealing with the debilitating effects of PTSD on an ongoing basis.

While a law enforcement officer can develop PTSD as a result of a single incident, our experience with law enforcement is that the vast majority of officers develop symptoms as a direct result of their cumulative exposure to hundreds of traumatic incidents such as suicides, motor vehicle and industrial accidents, homicides, sexual assault and the death of children over the course of their career.

No one chooses to have PTSD. And, I assure you, it is almost impossible to “fake” PTSD. Symptoms can develop shortly after a critical incident, or they can develop gradually, over an extended period, often going undiagnosed for years.

Every case is different but common symptoms include anxiety, panic, depression, nightmares, intrusive thoughts, sleeplessness, fatigue, feelings of detachment or estrangement from others, hypervigilance, irritability, anger, flashbacks, lack of concentration or focus, reckless or self-destructive behavior and suicidal thoughts.

Perhaps it is how law enforcement officers are wired, perhaps it is the culture in which they work but the reality is that the vast majority of our officers never seek help on their own, choosing to deal with their symptoms on their own, suffering in silence.

These symptoms don’t just affect the officers but also have a profound effect on the officers’ family and friends. Relationships are damaged if not destroyed. It is common for the spouse or significant other of an officer to make the initial contact with our office noting that their loved one is “not the same person” they once were.

Too often our clients convince themselves that if only they can make it until they turn 55 years old then they can retire and their life will return to normal.  Unfortunately, this is a recipe for disaster. Through continued exposure to traumatic events, their condition will worsen over time. PTSD is not a condition to ignore. It is the real deal. I never want to look into the eyes of a loved one having lost someone because they did not receive necessary treatment in time.

Many departments offer EAP, Employee Assistance Programs. These programs are of limited help as they are often provided immediately after a traumatic event before an officer begins experiencing symptoms.  Moreover, officers are hesitant to work with EAP for fear that their superiors will learn that they are seeking assistance and place their career in jeopardy. No one wants to be “that guy” that everyone talks about as being too emotional or weak.

PTSD is a silent epidemic. You cannot tell by looking at someone, if he or she is suffering from PTSD. An officer suffering from PTSD may be able to put on a brave face for short periods of time but fall apart as soon as they are in private. PTSD does not strike all at once. It comes on gradually without your knowledge or understanding. Over time it may overwhelm you to the point that you can no longer function. PTSD must be addressed head-on.  An officer with PTSD does not have to suffer in silence. There are resources available to officers who have PTSD to prevent the loss of their lives, careers or family.

What can an officer or a loved one do if they think that they are suffering from symptoms consistent with PTSD?

• Seek counseling. You cannot address this issue on your own. Personally, I recommend that you seek a counselor who specializes in working with law enforcement officers suffering with PTSD. Law enforcement is unique and different from the general public. I would not necessarily recommend going through EAP as the officer must be able to trust the counselor and preserve their ability to continue in their careers. Treatment can be sought “off the books” through a confidential source.
• Talk to a lawyer who concentrates in this area of law. You need a lawyer knowledgeable about workers compensation, PERA, and the Continuation of Healthcare under Minnesota Statute 299A.465. Each of these types of claims are potentially available to officers and are designed to ensure that medical expenses and wage loss are covered while the officer is treating and may be available in the event an officer is unable to return to law enforcement.

What can the department do to help officers suffering from PTSD?

• Law enforcement agencies must focus on the long term. They must address the problem, not deny it. They must change the culture to ensure that an officer struggling with PTSD is supported not ridiculed. Treat mental conditions in the same manner as they do physical conditions. This will not happen overnight but with time can and must be implemented. Too many experienced officers are leaving their departments at a time in which the departments can least afford to lose them.
• Provide officers with counseling on a semi-annual basis with a psychologist of their own choosing on a confidential basis where records are protected and knowledge of an officers seeking treatment is limited to non-superiors with protections ensured against adverse consequences to their jobs.

We must all work together to stem the tide of PTSD.  Officers risk their lives every day to protect us. The least that we can do is to be there when they need help themselves.

References
Blue H.E.L.P.
Community Policing Dispatch

Ron Meuser, Jr.
Ron is the founding partner of Meuser, Yackley & Rowland, P.A. A law firm whose six attorneys practice exclusively in the area of workers’ compensation, PERA/MSRS disability, and personal injury. They have represented over 500 police officers with PTSD.