During the dog days of summer here in Minnesota, outdoor workers need to be aware of the signs and symptoms of heat stress and how to treat it. Heat stress occurs when a worker’s body cannot cool down quickly enough.
Symptoms should not be ignored and time is of the essence when your body begins showing signs of heat stress. Heat exhaustion can be dangerous and heat stroke can be fatal.

The symptoms of heat exhaustion and heat stroke include:

Heat Exhaustion

• Heavy sweating
• Heavy thirst
• Panting/rapid breathing
• Rapid pulse
• Headache
• Blurred vision
• Exhaustion, weakness
• Clumsiness
• Confusion
• Dizziness or fainting
• Cramping

Heat Stroke

• No sweating
• Red or flushed, hot dry skin
• Any severe symptom of heat exhaustion
• Difficulty breathing
• Pinpoint pupils
• Bizarre behavior
• Convulsions
• Confusion
• Collapse

If someone is suffering heat exhaustion or heat stroke, the following steps should be taken:

Heat Exhaustion

• Move the victim to a cool, shaded area to rest; DO NOT leave him/her alone
• Loosen and remove heavy clothing
• Give cool water to drink,
  about a cup every 15 minutes
• Fan the person, spray with cool water, or apply a wet cloth to skin
• Call 911 if he/she does not feel better in a few minutes
• Remove from hot environment work that day

Heat Stroke (Medical Emergency)

• Get medical help immediately, call 911
• Move the victim to a cool, shaded area;
  do not leave him/her alone
• Lay the person down
• Loosen and remove heavy clothing
• Fan the person, spray with cool water, or wipe with a wet cloth or cover with a wet sheet
• Place ice packs under the armpits and in
  the groin area

You can take steps to avoid heat-related injuries on the job such as heat exhaustion or heat stroke, including:

• • Learning the signs and symptoms of heat stress.
  • Drinking plenty of water or electrolyte drinks.
  • Avoiding heavy work during the hottest parts of the day.
  • Slowing down the pace of work and taking more breaks.
  • Wearing light-weight, loose-fitting, light-colored, breathable clothing and a hat.
  • Taking regular breaks in the shade or in a cool area.
  • Avoiding alcoholic beverages or drinks with caffeine before or during work.
  • Keeping an eye on co-workers for symptoms of heat stress.
  • If you start to feel ill, stop what you’re doing immediately, and take steps to cool down. Tell your supervisor or another employee you’re working with so that person can observe your symptoms and step in to assist if needed.

If you’ve sustained a heat-related injury on the job in Minnesota that required medical attention, you may be eligible for workers’ compensation benefits. To learn more about your rights, call Meuser Law Office, P.A. at 877-746-5680. Meuser Law’s team of experienced Minnesota PERA and workers’ compensation attorneys provide assistance through every stage of the claim process. We will help you receive the benefits you deserve.

Recovering from an injury is a slow process. Anyone who tells you otherwise probably has never been seriously injured. Suffering an injury involves damage and harm done to your body or mind, an impairment to your normal functioning. In other words, you can’t always do what you did before your injury. Seeking compensation from an employer (or their insurance company) is therefore an honest form of relief – a bargained for benefit, that in no way is something to be ashamed of – an honest injury demands honest relief. This is what drives the attorneys at Meuser Law Office, P.A. We want to see you protected and fairly compensated for the harm suffered in service of others.
Here are some helpful points to remember when successfully navigating the Minnesota workers’ compensation system:

Get everything in writing. When injured, the first step is to see a doctor right away. Make sure you have the doctor’s diagnosis and restrictions in writing. This allows you to have a physical copy showing what you can or cannot do, as declared by a medical professional. In other words, it carries weight.

Think before you act. Once an employer admits your injury claim, and then offers a job that is less physically demanding (or demanding in a different way), be aware of the potential consequences accepting the job could have on your workers’ compensation benefits. Generally, accepting the job is your duty under the Minnesota Workers’ Compensation Act, because it is an offer of “gainful employment.” In other words, it would be a job for you to mitigate the effects of your injury. The tricky part is deciphering whether the offer of employment is suitable for you or not.
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The superseding intervening cause defense is one of the few defenses in Minnesota workers’ compensation law that can result in a complete bar to all benefits claimed that are attributable to the superseding event. The next natural question is, what is a superseding cause? Insurers argue that a wide range of activities constitute a superseding intervening cause, but that does not mean the court will agree. The central question to determine whether the event was a superseding intervening cause is, was the employee acting unreasonably when the event occurred? If the employee is deemed to have been acting unreasonably when the event occurred, the event will be deemed to be an independent cause of disability and the employee will lose all workers’ compensation benefits.

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The Southwest Journal, a local newspaper in Southwest Minneapolis, recently reported on the development of a mindfulness and wellness program aimed at making Minneapolis cops “more compassionate” in response to the highly publicized shooting death of Minneapolis resident Justine Ruszczyk Damond. According to the article “before the end of the year, all 888 MPD officers will be required to take a three-hour training session designed to improve their health, wellness and sense of compassion”. When practiced regularly, mindfulness can be an effective tool with a lasting impact. The city is taking a step in the right direction by introducing mindfulness training and exercise, but should go a step further by incorporating it in an overall treatment plan to increase its effectiveness.

Yet, while the City of Minneapolis is investing in mindfulness training, the State of Minnesota, Department of Labor & Industry is drafting rules that would significantly limit access to mental health care for Police Officers, Firefighters, and First Responders who are diagnosed with work-related PTSD. That makes no sense.

On January 1, 2019, the Minnesota Workers Compensation laws changed to recognize a legal presumption that Police Officers, Firefighters, and First Responders who develop PTSD are presumed to have developed PTSD as a result of the numerous traumatic events that they experience or are exposed to in the line of duty.

According to one study, police officers experience, on average, over three traumatic events for every six months of service. Police-specific traumatic events may include violent events such as armed conflicts, and more sad and depressing incidents such as abusive violence, assisting victims of severe traffic accidents, and handling dead bodies.

Unfortunately, Peace Officers are often reluctant to admit that they are experiencing PTSD because of the stigma associated with mental health disorders, and the legitimate fear that they might lose their jobs. Many also don’t know who to turn to for help and cannot afford to pay for mental health care on their own.

Those Peace Officers who seek mental health care for work-related PTSD will soon face another hurdle: the PTSD Treatment Parameters. When the Minnesota Legislature adopted the law that Police Officers, Firefighters, and First Responders who develop PTSD are presumed to have developed PTSD because of their work activities, the insurance industry lobbied for the development of PTSD Treatment Parameters that save insurance companies money by limiting covered employees’ access to mental health care. All the while, the profitability of the workers’ compensation insurance industry continues to rise.

The PTSD Treatment Parameters (as drafted) limit:

• The length of time that workers’ compensation must pay for mental health care
• The number of mental health care appointments covered by workers’ compensation
• The type of mental health treatments covered by workers’ compensation
• The prescription medications that will be reimbursed by workers’ compensation

Without access to mental health care treatment paid for by workers’ compensation, Peace Officers diagnosed with work-related PTSD will be left to fend for themselves. And, unfortunately, many Peace Officers will abandon their recommended course of treatment because they simply cannot afford to pay for ongoing care.

At Meuser Law Office, P.A. we are working to fight against the adoption of PTSD Treatment Parameters that limit Peace Officers’ access to mental health care. We are currently trying to gather at least 100 public comments speaking out against the adoption of the PTSD Treatment Parameters so that we can request a public hearing on the issue. Please contact Meuser Law Office, P.A. to learn more about how you can help us in this effort. If you or someone you know is affected by work-related PTSD, contact Meuser Law Office, P.A. for a free and confidential consultation. Call us today at 1-877-746-5680.

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.

We represent dozens of police officers, firefighters and other first responders who have developed PTSD due to work-related traumatic exposures. PTSD is a serious, sometimes debilitating disorder, that can wreak havoc on a person’s family, social and work life. Fortunately, things can get better with time and treatment. The “best” type of treatment for PTSD varies from person to person and can be used individually or in combination with other treatment modalities.

Cognitive Processing Therapy (CPT)

Cognitive Processing Therapy (CPT) is a type of Cognitive Behavioral Therapy that is commonly used in the treatment of PTSD symptoms. CPT is a 12-session psychotherapy for PTSD that teaches you how to change the upsetting thoughts you have had since your trauma. The idea is that if you can change and evaluate your thoughts, you can change how you feel.

The first step is to discuss your traumatic event(s) with your therapist and how your thoughts related to the event have affected your life. Specifically, you are provided with worksheets that delve into how the trauma affects your beliefs about yourself, others and the world. Typically, you are asked to write in detail about what happened during your traumatic event(s). This process helps you examine how you think about your traumatic event(s) and figure out how to cope.

For example, you may believe that you are at fault or to blame for the traumatic event(s). This is a common thought process in those with PTSD. Your therapist will help you evaluate all the things that were outside of your control with the goal of moving forward and accepting that the traumatic event was not your fault, despite what you did or did not do.

This type of therapy is considered particularly beneficial to those people who anticipate encountering additional traumatic events—such as police officers, firefighters, paramedics, EMTs, nurses, or members of the armed forces. These vocations regularly place people in traumatic situations and CPT may be able to help alter the way first responders interpret and process trauma, making it easier to continue with their chosen field of work.

Prolonged Exposure Therapy (PET)

Prolonged Exposure Therapy (PET) is a form of psychotherapy for PTSD that is frequently used in the VA system. PET is considered appropriate for people who have unwanted thoughts, nightmares, hypervigilance and feelings of hopelessness. If you experience these symptoms, you understandably want to avoid thoughts, feelings and things that remind you of your traumatic event(s). The goal of PET is to help you reengage with life and confront the things you have been avoiding.

This type of treatment has been considered intense by many of my clients who have gone through it. The sessions are one-on-one with a clinician, last about 90 minutes per session, and typically are prescribed for three months or more. The clinician will ask you to discuss your traumatic events. The clinician may also have you write down your traumatic experience and read it aloud in the session while you explore your thoughts and feelings. Another common practice in PET is to write a list of all the things you have been avoiding (e.g., smells, sounds, places, etc.), and rank each item based upon how much distress they cause you when you encounter them.

The idea behind this modality is to break the link between the trauma and the items that cause you distress. When a traumatic event occurs, your brain associates things in your environment (e.g. sights, sounds, smells) with this trauma. In PET, you are forced to confront these things over and over again outside of your traumatic event(s). This exposure, over time, reprograms your brain to no longer expect danger when confronting these things.

Eye Movement Desensitization Therapy (EMDR)

Eye Movement Desensitization Therapy (EMDR) is a nontraditional psychotherapy focused on the emotions and symptoms that result from the traumatic event. The goal of EMDR is to process past traumatic events and the emotions attached to those events. EMDR does not require you to go through your traumatic experiences with your clinician. Instead, you concentrate on an event while you watch something your clinician is doing, such as moving a hand, finger or a light back and forth rapidly. You follow this movement with your eyes. The idea is that your swift eye movements loosen the knots in your memory to loosen and allow negative thoughts and memories to be reprocessed in a favorable manner.

In most cases, EMDR requires about three months of sessions to be effective. There is some controversy surrounding the efficacy of EMDR; however, you will typically know after one session whether this type of treatment will work for you.

Accelerated Resolution Therapy (ART)

Accelerated Resolution Therapy is a type of psychotherapy that is not as well-known or researched as the other modalities on this list but shares man of the same characteristics of EMDR. The goal of ART is to reprogram the way distressing memories and images associated with traumatic events are stored in the brain so that they no longer trigger strong emotional and physical reactions. A clinician will have you visualize a traumatic event and perform specific eye movements. With this type of therapy, you do not have to discuss your trauma or difficult life experiences with a therapy to achieve recovery. This type of therapy can provide positive results more rapidly than many other modalities—typically within one to five sessions.

Stress Inoculation Training (SIT)

Stress Inoculation Training (SIT) is a type of Cognitive Behavioral Therapy for the treatment of PTSD. This is a type of psychotherapy that is geared to help you recognize and change negative thoughts that are influencing your behavior. This type of therapy can be done individually or in a group setting. Typically, you will not have to go into detail about your traumatic experiences. The focus instead is how to manage the stress that the event has caused through the use of coping skills. Coping skills include deep breathing from your diaphragm, muscle relaxation training, role-playing, and learning how to talk to yourself positively.

Medication therapy

In conjunction with the treatment modalities discussed above, many people with PTSD also take medication to help manage their psychological symptoms. The FDA has approved only paroxetine and sertraline for treating PTSD but there are many other medications out there that have been deemed effective in the treatment of PTSD. These may include:

• Antidepressants
• Monoamine oxidase inhibitors (MAOIs)
• Antipsychotics or second-generation antipsychotics (SGAs)
• Beta-blockers
• Benzodiazepines

All of the treatment discussed here have been found to be effective in the treatment of PTSD. The “right” treatment will vary from person to person and what he or she is comfortable with. No matter what type of treatment is most effective for you, there is one change that seems to be effective in helping to relieve the PTSD symptoms in my first responder cases—getting out of the profession. Once first responders stop working, they are no longer exposed to the constant triggers of their jobs. This allows them time to heal, get professional help and move forward with happy, productive lives.

If you or someone you know suffers from PTSD due to a work-related accident or traumatic incident, you should consult with an experienced attorney 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 received the full benefits to which you are entitled. Contact Meuser Law Office, P.A. for a no-obligation consultation today. Call us today at 1-877-746-5680.

Attorneys Ron Meuser and Mary Beth Boyce obtained a successful jury verdict on behalf of their clients in Ramsey County. Ron and Mary Beth brought a civil claim on behalf of their client who was seriously injured while working as a deputy sheriff. A suspect wrestled with the officer while the officer attempted to prevent him from entering on the scene of an active fire. Through the negligent actions of the suspect, the officer suffered a career ending low back injury. The jury trial lasted 5 days and required expert testimony. Meuser Law Office successfully obtained a verdict that included monetary damages for wage loss, medical expenses, and pain and suffering in excess of $200,000.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles civil and PERA/MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for workers’ compensation, PERA/MSRS disability, and civil claims. Sit down with us for a free, confidential, no-obligation consultation to learn more about your potential 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. can help make the process easier to navigate. Contact us today by calling 1-877-746-5680.

Recently, the Minnesota Workers’ Compensation Court of Appeals (“WCCA”) heard a case involving PTSD and the Minnesota Workers’ Compensation Act. Meuser Law Office Attorney Mary Beth Boyce brought a claim on behalf of her client, alleging that the employee developed post-traumatic stress disorder (“PTSD”) in the course and scope of his employment as a police officer, and as such was entitled to wage loss benefits, medical care and treatment, and rehabilitation services. The case proceeded to a formal hearing in front of a compensation judge in December of 2017. The compensation judge found in favor of employer and the insurer, denying that the employee suffered from PTSD.

Attorney Boyce appealed this decision and the case went before the WCCA. Attorney Boyce alleged that the compensation judge failed to apply the correct standard under Minnesota Statute §176.011, subdivision 15(d) for claims involving mental injuries. Particularly, that the compensation judge failed to analyze the employee’s claim under the DSM-V PTSD criteria and instead summarily relied on a medical opinion that imposed additional requirements, not within the DSM-V, for a PTSD diagnosis. The compensation judge also failed to address the issue of whether the employee suffered from a personal injury or an occupational disease, due to the number of traumatic events.

The WCCA agreed with the employee. The WCCA found that Minnesota Statute §176.011, subdivision 15(d) sets forth two requirements to establish a claim for PTSD, a diagnosis made by a licensed psychologist or a psychiatrist, and second a diagnosis consistent with PTSD “as described by the most recent” edition of the DSM, which is the DSM-V. The DSM-V sets forth criteria that defines PTSD. The WCCA reasoned that while compensation judges may choose between medical experts with varying opinions as to causation and diagnoses, because of how the legislature chose to define mental injuries compensable under Minnesota Statute §176.011, subdivision 15(d), the compensation judge must apply the legal standard to the evidence. A judge may rely on an expert medical opinion, but that opinion must be consistent with the statutory requirements.

In this case, the WCCA agreed with the employee that the compensation judge erred in relying on the employer/insurer’s medical expert because he did not apply the DSM-V as is required under Minnesota Statute §176.011, subdivision 15(d). The WCCA further reasoned that while a psychologist or a psychiatrist is not bound by the DSM-V criteria in evaluating, diagnosing, or treating his or her own patients, in the context of the Minnesota Workers’ Compensation Act, a psychologist or a psychiatrist is bound by the DSM-V.

The insurer and employer appealed the WCCA’s decision to the Minnesota Supreme Court. The Minnesota Supreme Court agreed to hear the case en banc. The case is currently being scheduled for oral arguments after the party’s briefing period ends. The Minnesota Supreme Court will affirmatively decide the issue of how the compensation judges must analyze and evaluate PTSD cases. Given the rules governing how courts interpret statutes, the legislative intent, and public policy, we are cautiously optimistic that the Minnesota Supreme Court will uphold the determination of the WCCA.

Contact the attorneys at Meuser Law Office, P.A. for a free, no-obligation consultation if you or someone you know has been diagnosed with PTSD as a result of traumatic exposures at work. The attorneys at Meuser Law Office, P.A. are experienced and knowledgeable in the new area of mental injuries under the Minnesota Workers’ Compensation Act. If you are a police officer firefighter, or corrections officer, you also may be entitled to PERA or MSRS Duty Disability benefits and/or healthcare continuation benefits under Minnesota Statute §299A.465. Call us today at 1-877-746-5680.

When a work-related injury or condition is a substantial factor in causing an employee’s death, the employee’s dependents are entitled to certain benefits under the Workers’ Compensation Act. This is referred to as a “dependency claim.” If an injured worker dies due to a work injury, the injured worker’s spouse, children, or other dependent family members may be entitled to benefits.

Who is entitled to dependency benefits?

Typically, a dependency claim is brought by a decedent’s spouse or children. A spouse is presumed to be dependent unless the employer and insurer can show that the spouse and the decedent were voluntarily living apart at the time of death. The court has interpreted “voluntarily living apart” liberally, looking the spouse’s intention and whether it was the spouse’s desire to live apart from the decedent permanently. A decedent’s child is presumed to be dependent if the child is under the age of 18 or is under the age of 25 and attending school full-time. A decedent’s child is also presumed to be dependent when the child is physically or mentally incapacitated from working. Extended family members (e.g., mother, father, siblings, in-laws, etc.) may be entitled to benefits if they were partially or fully supported by the decedent.

What benefits are dependents entitled to?

The amount of compensation dependents receive depends on the decedent’s wages at the time of injury—not at the time of death. This means that dependents are entitled to monetary compensation even if the decedent was retired at the time of his or her death. The amount a dependent receives also depends on how many dependents a decedent has (e.g., spouse, number of children, etc.). There are complex rules about how much dependents will receive and the duration of benefits. This largely depends on the total number of dependents and when the death occurs (i.e., which version of the law applies).

In addition to monetary benefits, “reasonable” burial expenses are covered for the decedent, up to $15,000.00. Another unique aspect of dependency claims is that there is a statutory minimum relative to the amount of benefits paid. If a dependency claim is payable, the legislature mandates that at least $60,000.00 be paid in dependency compensation. This is true whether the decedent has dependents or not. If a decedent dies without any dependents, the employer must pay the decedent’s estate $60,000.00.

What if the decedent settled his or her workers’ compensation claim?

A dependency claim cannot be closed out by a stipulation for settlement while the employee is still alive because a dependent’s rights do not exist until an employee dies as a result of a work-related injury or disease. An employee cannot close out a claim that does not yet exist. For example, I represent many firefighters with cancer. It is an unfortunate reality that firefighters are exposed to carcinogens on the job and that they may die from their work-related exposures and/or condition. In this case, even if I have already settled the underlying workers’ compensation claim on behalf of the firefighter, I would still be able to proceed with the claim for workers’ compensation benefits on behalf of the firefighter’s dependents after his or her death. even if we have already settled the case on behalf of the firefighter. This is true even if the firefighter is retired at the time of his or her death.

Do I need a lawyer?

Dependency claims are complex. If you have had a loved one who has passed away from a work-related injury or condition, or has been diagnosed with a work-related condition that unfortunately may be terminal, I encourage you to seek legal counsel to discuss your options. It will not cost you anything to speak with a lawyer and we will give you our honest assessment about whether you need to retain an attorney.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office 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, if applicable. Call us today at 1-877-746-5680.

If you have a potentially career ending injury, you should immediately consult with a Minnesota attorney who practices in PERA and MSRS disability law. Although it may be too soon to determine if you can return to work, you should still consult with an attorney right away to learn about your options. If you wait two years after your work injury it may be too late to apply for PERA or MSRS Duty Disability benefits.

To receive Duty Disability benefits, Minnesota police officers, deputy sheriffs, firefighters, and corrections officers must show that he or she has a condition that is expected to prevent him or her from performing “the normal duties” of his or her position for a period of twelve months as “a direct result of an injury incurred during the performance of inherently dangerous duties that are specific to” the position of police officer. See Minn. Stat. § 353.01, subd, 41. Members of the police and fire plan must show:

• The injury will persist for over one year
• The injury was sustained while performing inherently dangerous duties specific to the position
• The disablement is a direct result of the injury

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