What benefits does Minnesota Statutes § 299A.465 provide for duty disabled officers?

Minnesota Statutes § 299A.465 provides duty disabled police officers, firefighters and their dependents with health insurance coverage through their former employer through the age of 65. The employer must continue to pay its share of the duty disabled officer or firefighter’s health insurance premiums, as if he or she continued to work as an employee. To qualify for continued health insurance benefits under § 299A.465 the injured police officer or firefighter must have been approved for Duty Disability benefits under Minnesota Statutes § 353.01, subd. 41. This statute provides that a police officer or firefighter is eligible for benefits if he or she has a condition that is expected to prevent him or her, for a period of not less than 12 months, from performing the normal duties of the position and the condition is the direct result of an injury incurred during the performance of inherently dangerous duties that are specific to the positions covered (i.e., the positions of police officer or firefighter). Continue reading →

We’re buzzing with excitement! We are thrilled to announce some exciting things happening over here at Meuser Law Office, P.A. In an effort to keep up with our constantly growing business and to provide some breathing room for our team as well as allow for future team growth, we have moved to a new location. Meuser Law Office is still located in Eden Prairie, in fact we didn’t move far – just across Lake Smetana to our new home at 10400 Viking Drive, Eden Prairie, MN.

The updated and modern look of our new office space creates a great first impression and lasting impact which will enable us to attract new talent, expand as our business grows, and look professional to our clients. The Meuser Law Office attorneys, paralegals and support staff love their new home and all agree the office feels spacious with collaborative work areas, modern technology and plenty of natural light

But that’s not all! The other exciting news to share is the rollout of our new logo and website. Our business is thriving and to keep up with that as well as better represent our workers’ compensation, PERA/MSRS disability and personal injury clients, Meuser Law Office has undergone a logo and website redesign.

Our new logo and colors provide a fresh look while still being professional and the website update allows for secure, easy navigation on multiple mobile devices. Take a moment to browse our new site, by visiting:  www.meuserlaw.com.

We look forward to you visiting our new office location – stop by to say hello!

The purpose of rehabilitation services in Minnesota workers’ compensation is to help injured workers return to work. Some injured workers are able to return with their former employer in a modified position. Other injuries may prevent the employee from returning to the same position with the date of injury employer and he or she may need assistance with finding employment elsewhere. And in some situations injured workers may need additional training or skills to find suitable employment. Minnesota Statute § 176.102, subdivision 1(b) governs rehabilitation services under the Minnesota Workers’ Compensation Act:
Rehabilitation is intended to restore the injured employee so that the employee may return to a job related to the employee’s former employment or to a job in another work area which produces an economic status as close as possible to that the employee would have enjoyed without disability.

Rehabilitation in workers’ compensation include services such as vocational rehabilitation and medical management. Vocational rehabilitation can entail: job counseling, job analysis, vocational evaluation, job modification, job development, job placement, labor market surveys, vocational testing, transferable skills analysis work adjustment job-seeking skills training, on the job training, and retraining. Minn. R. 5220.0100, subp. 29.

An injured worker may request a Rehabilitation Consultation or an insurer may provide one on its own volition. A Rehabilitation Consultation is performed by a Qualified Rehabilitation Consultant, more commonly referred to as a QRC. QRCs are licensed by the State of Minnesota and assist injured workers with medical management and with vocational rehabilitation or getting the injured worker back to work. Nurse case managers are not QRCs and do not perform the same tasks. During a Rehabilitation Consultant the QRC conducts an interview of the employee and may examine medical records and reports from the employer and insurer to determine whether or not the injured worker qualifies for rehabilitation services.

If the QRC determines that the employee is a “qualified employee” then a QRC will begin to perform medical management and other rehabilitation tasks on behalf of the injured worker. Generally, an injured worker is a qualified employee if: (1) the employee is unable to do his or her normal job duties because of the injury; (2) the employer is unable to provide suitable light duty; and (3) the services will benefit the injured worker. If there is a dispute over whether or not the injured worker is a “qualified employee” then a rehabilitation conference is scheduled at the Department of Labor and Industry and an arbitrator will decide.

A QRC will then develop a rehabilitation plan that outlines the specific vocational goals and services needed to reach those goals. This plan is then filed with the State of Minnesota. Rehabilitation services, including payment of the QRC for his or her time is the responsibility of the insurer.

An employer has the right to choose his or her own QRC. But, most insurers will not tell employees of this right and instead appoint their own. While QRCs are technically neutral third parties, if a QRC is appointed by the insurer, then this QRC will not be looking out for the injured worker’s best interest and will instead be trying to save the insurance company as much money as possible. Having a good QRC who is working in your best interest can be vital to your workers’ compensation claim. If the insurer has already appointed a QRC, the injured worker has two months from that date in which to request a change in QRC, to which the insurer cannot object.

If the insurer has appointed a QRC in your case, call us as soon as possible so that we can help you request a reputable QRC to represent you. Contact Meuser Law Office, P.A. for a free no-obligation consultation. The attorneys at Meuser Law Office, P.A. can explain how rehabilitation services work in more detail and ensure you are receiving all the benefits to which you are entitled under the Minnesota Workers’ Compensation Act. Call us today at 1-877-746-5680.

For over a decade, the attorneys at Meuser Law Office, P.A., have been fighting to help our state’s first responders get access to help for work-related mental health conditions – most prominently post-traumatic stress disorder.

We have helped hundreds of police officers, firefighters, paramedics, and corrections officers obtain workers’ compensation benefits, including medical expense, wage loss, and rehabilitation benefits, as well as PERA Duty Disability pension benefits.

Over the last ten years we have slowly, but surely, seen a change in police departments regarding post-traumatic stress disorder. There’s a long way to go, but attitudes towards mental health in police departments seems to be changing. From an anecdotal perspective, there seems to be better support in departments for officers struggling with mental health issues, as well as a push for better early intervention services for officers who have experienced trauma. We are also noticing better awareness of the symptoms and causes of PTSD. Officers are looking out for each other and there is less reluctance and stigma for officers seeking help sooner. That is good news for Minnesota’s police officers.

For Minnesota firefighters however, we haven’t seen the same improvements. While there has been a concerted effort to address the problem of mental health issues for our state’s police officers, there hasn’t been the same effort for our firefighters. Minnesota’s firefighters are equally at risk for developing work-related post-traumatic stress disorder as police officers.

Researchers estimate that anywhere from seven to thirty-seven percent of firefighters have PTSD. A study from Florida State University found that nearly half of firefighters have had suicidal thoughts and that about 1 in 5 have made plans to take their own lives. Those statistics are horrific; yet, there is still a culture in the fire services that views seeking treatment for mental health related issues as a weakness.

The statistics as well as the culture of silence regarding post-traumatic stress disorder amongst firefighters is unacceptable. We need to ensure our state’s firefighters have early and appropriate access to mental health services without fear of retaliation or fear of losing their jobs.

The good news is there are services out there to provide confidential support to Minnesota’s firefighters struggling with mental health issues. One new non-profit that is making a difference is MNFire. The Minnesota Professional Firefighters (MPFF), Minnesota State Fire Chiefs Association (MSFCA) and the Minnesota State Fire Department Association (MSFDA) together created MnFIRE to rally firefighters – and the people who support them – to gear up for their health. MnFIRE also has a 24-hour crisis hotline manned by volunteers, including firefighters. Call 1-888-784-6634 day or night for confidential help.

Firefighters and other first responders are also often reluctant to seek help for mental health issues due to fear and uncertainty about losing their career. Concerns about how to financially provide for their family if they cannot continue working as a firefighter is very common. When we meet with new clients who come to us unsure about whether to seek help, our message is always the same: Know this – there are many, many financial resources available for our state’s first responders suffering from post-traumatic stress disorder. No matter what else happens, you and your family will be OK financially.

At Meuser Law Office, P.A., we help you navigate through this difficult time with compassion, respect, and expertise. For a free confidential, no-obligation consultation to learn more about your rights contact Meuser Law Office, P.A.  Call us today at 1-877-746-5680.

The short answer is yes—but not without recourse. An employer can fire you for any reason; however, there is recourse that can be taken if an employer fires you, or even threatens to fire you, for reporting your work-related injury. The legislature in Minnesota Statutes § 176.82 provides this recourse in subdivision 1, stating that an employer who fires or threatens to fire “an employee for seeking workers’ compensation benefits” or “intentionally obstructs an employee seeking workers’ compensation benefits” is liable to pay damages to the employee. These damages include any loss in workers’ compensation benefits caused by a violation, including the costs and attorneys’ fees. These actions are generally referred to as “82 actions.” In practice, 82 actions are fairly uncommon—but they’re also essential. The action acts as a check against employers, allowing employees to recover the workers’ compensation benefits that they would have received except for the unlawful interference of their employer.

Now, it is uncommon for an employer to overtly violate this section of Minnesota law by threatening to fire an injured worker for reporting an on-the-job injury. What we see at Meuser Law Office, P.A. more frequently in practice, are situations where a supervisor asks an employee to not report his or her work injury because it would make it financially difficult for the employer. The supervisor essentially tries to guilt the employee into not reporting the injury. In exchange for not reporting, the supervisor promises to “take care of” the employee. Inevitably, the employer does not end up paying the injured worker the benefits that he or she is entitled to and the injured worker is left in a problematic position. For example, in these cases, the employee will seek care following the injury and tell his doctor that the injury occurred at home. Then when the employer stops paying for the employee’s medical care and wages, the employee will come clean and tell the doctor that the injury actually occurred on the job. This is problematic for a number of reasons, but the first is that the employee’s delay in reporting the injury as work-related often results in a denial of the claim.

If you’ve been injured on the job, do not delay in reporting your injury to your supervisor and always have a First Report of Injury filed. It is also crucial that an employee always report your injury as it actually occurred to your treating physician.

Following an on-the-job injury, the first thing you should do is see a doctor. It is important that you explain to the doctor exactly how you were injured and disclose that you were working at the time the injury occurred. The next thing you should do is report the injury to your supervisor or to a member of your human resources department. Your employer has an obligation to fill out a First Report of Injury, which documents the “who/what/where/and how” of your injury. If you don’t report this injury right away, an employer may have certain defenses, such as lack of appropriate notice of your injury, and may deny your Minnesota workers’ compensation claim.

Even if you’re unsure of whether your injury will result in lost time from work or significant treatment, at Meuser Law Office, P.A., we advise our clients to report and notify employers right away if you’ve sustained an injury in the course and scope of your employment. Our experienced Minnesota workers’ compensation attorneys can help you avoid unnecessary stress over losing your job as a result of filing a workers’ compensation claim. Call Meuser Law Office, P.A. today for a free, no-obligation consultation. Meuser Law will arm you with valuable information regarding MN workers’ compensation and your potential claim and help guide you through the process.

A deposition is an on the record formal oral interview. In Minnesota workers’ compensation claims, attorneys for employers and insurers typically conduct a formal interview of an injured employee. Depositions are used in the discovery phase of litigations. The parties may learn important information about where and when the injured worker sought medical care, witnesses to the accident, and his or her current medical condition. The deposition may even be introduced at evidence at a hearing or work comp trial.

Who is Present During a Deposition?
Court Reporter: this person transcribes the interview while the parties are speaking and later produces a written transcript of the deposition.

Deponent: the person who is being deposed or questioned. This may be the injured worker, an expert witness such as a doctor, or a witness.

Attorneys: the attorney who is taking the deposition will be present as well as the attorney for the deponent.

Sometimes, an employee represented will be present. He or she is allowed to observe but not talk at all during the proceedings. They are not allowed to nod or shake their head or to intimidate the witness. If he or she behaves inappropriately the employee representative will be asked to leave. Spouses or partners of the deponent may be allowed to observed but he or she is also not allowed to participate. A spouse may not indicate or motion to the deponent.

What Happens During the Deposition?
The court reporter will administer an oath to the deponent. The deponent will swear to tell the truth just as if he or she was testifying in court in front of a judge. The attorney who asked for the deposition will begin questioning or interviewing the deponent. Sometimes the attorney for the deponent may ask questions after the other attorney has finished his or her questioning. Typically, in a workers’ compensation case, rarely will an attorney object to the line of questioning. Attorneys are generally allowed free rein to ask the deponent a variety of questions and objections are reserved for a formal hearing.

Where Will the Deposition Take Place?
Generally, the deposition will take place in the office of one of the law firms involved with the case. In a work comp case, if an attorney is taking a deposition of an injured worker, the deposition usually takes place in the office of the injured worker’s attorney. If you have been sent notice of a deposition, you should check where and when the deposition will be held. You should also plan on arriving early to speak with your attorney and to ensure plenty of time so you are not late.

How Long Will the Deposition Take?
Work comp depositions last approximately 1 1/2 – 2 hours, but can be longer or shorter depending on the complexity of the issues or if the deponent has been deposed before for the same date of injury. The duration of the deposition differs from attorney to attorney for the insurer and employer and depends on the style of questioning. Usually the attorneys take at least one break. If you need more, just ask.

What Kinds of Questions Will I be Asked?

1. Are you looking for work? Attorneys for the employers and insurers want to know if you are conducting a diligent job search. They may ask for job logs and examples of positions for which you have applied. If injured workers do not actively seek employment, he or she may not be entitled to certain types of wage loss benefits.
2. When do you intend to retire? Attorneys for the employers and insurer may try to pressure you to state you planned on retiring at a young age, which could cut off your entitlement to work comp benefits until age 65.
3. Do you have any prior injuries?
4. Have you been convicted of a felony or a crime of dishonesty in the last 10 years?
5. When did you first seek treatment?
6. When did you first report your injury?

Tips:

1. 1. Tell the truth. Lying can severely hurt your case. All cases have bad facts. You hired an attorney to help deal with the bad facts.
   2. If you don’t understand the question, ask the attorney to re-phrase.
   3. If you don’t know an answer, tell them you don’t know.
   4. Don’t guess. If an answer is an estimate or a guess say that before answering the question.
   5. Don’t ramble. Answer the question but don’t pontificate. If the attorney wants more information he or she will ask follow-up questions.
   6. Dress appropriately. While you do not need to wear a suit or formal clothing, sloppy clothes should not be worn. A button-down or collar shirt with hole free jeans are appropriate.

The court reporter can only record oral responses. Don’t nod or shake your head. Answer yes or no.

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.

Do not let the cost of an attorney prohibit you from obtaining counsel. At Meuser Law Office, P.A. there is absolutely no fee to retain an attorney nor will you be responsible for hourly fees. At Meuser Law Office, depending on the type of case, we charge fees on a contingency fee or a flat rate.

We also front the costs of litigation, including the costs of medical records, court reports, and doctor depositions and reports.

Workers’ Compensation

The Minnesota Workers’ Compensation Act provides that all work comp attorneys in the State of Minnesota are paid the same: 20% of what is recovered on behalf of the client up to a maximum of $26,000 or $13,000 per injury, depending on the date of the injury, subject to excess attorney fees on the basis of the complexity of the case and the time incurred.

If there is no dispute, then we are not paid. At Meuser Law Office, P.A. we recommend that you hire an attorney before a dispute arises; it’s our belief that it’s not if but when a dispute will arise with the insurance company. Typically, we can manage future disputes or put you in a better position if we are involved from the beginning of the case.

For example, if you are receiving ongoing temporary total disability benefits or TTD, then attorney fees are not withheld on an ongoing basis. If, however, the insurance company issues a Notice of an Intent to Discontinue Benefits or a “NOID” on the basis of Independent Medical Examination or “IME” or another legal basis and we establish your right to continue to receive benefits, then 20% of your ongoing wage loss benefits would be withheld.

We also charge the insurer for our services on an hourly basis for our services in certain circumstances. If the insurer/employer is denying medical bills and we obtain payment from the insurer/employer for your medical care and treatment then we charge them, not you, Roraff attorney fees. Similarly, if we obtain rehabilitation services, such as a consultation with a Qualified Rehabilitation Consultant (QRC) then we charge the insurer/employer Heaton attorney fees on an hourly basis for our time incurred.

Personal Injury

At Meuser Law Office, P.A. we charge contingency fees for representation in conjunction with civil personal injury claims. We generally charge 1/3 of whatever we recover for you, depending on the complexity of the case. This fee is outlined in our retainer agreement. We then front the costs of litigation, such as experts.

PERA Duty Disability, MSRS Duty Disability Benefits of Minn. Stat. §299A.465 Health Continuation Benefits

At Meuser Law Office, P.A., a flat rate is charged for our services in conjunction with obtaining these benefits. There may also be litigation costs associated with obtaining these benefits; however, as we typically represent clients for PERA and MSRS for their work comp claim as well, we are able to minimize these costs.

We represent clients through the approval process as well as the appeals process, which may include a formal hearing, board meeting, and/or the Minnesota Court of Appeals. Unfortunately, the more intensive the appeal, the more time, and the costlier it becomes. It’s much cheaper to hire us at the beginning of your application, to ensure everything is done correctly the first time.

We take great pride in representing police officers, firefighters, deputy sheriffs, and state troopers and as such our representation is important to us. We work with our clients to ensure they are able to afford representation.

Contact Meuser Law Office, P.A. at 1-877-746-5680 today, for a free, no-obligation case consultation. Our experienced attorneys will explain your rights under the Minnesota Workers’ Compensation Act, PERA/MSRS, or civil law and keep you informed of the process as well as what to expect each step of the way.

Report, report, report your injury!

Let’s say you have been a St. Paul firefighter for 18+ years and you have lived through numerous explosions or a Minneapolis police officer who has wrestled numerous suspects or kicked in doors, that does not mean the lingering ache in your low back or sharp pop in your shoulder will go away. You must report your injury, even if you think your injury will heal with some rest and ice, the injury may become more serious. Trying to save yourself some paperwork might actually cost you thousands of dollars in the end.

Don’t lie to your attorney.

Holding back or editing out important details just makes the attorney’s job harder. We take the facts as we have them and it’s my job to take the facts and make a legal case. It’s not your job to massage the facts for me. If I know that you’ve treated with a chiropractor for the last 8 years before your low back injury, I can work with that! If you have a pre-existing condition, that doesn’t mean your injury is not compensable under Minnesota work comp, PERA or MSRS. What hurts your case is when you don’t disclose that to me or the court and I find out about it 8 months into your case from the defense attorney. Continue reading →

Use of social media has exploded over the last decade. It seems we have gone from a time when social media was limited to an organized grouping of college students’ selfies to now, when everyone—and I mean everyone—has a Facebook page or an Instagram account. Now when you log onto your Facebook page, your “newsfeed” is filled with Aunt Betsy’s latest cat photos and a co-worker’s most recent political rant. Social media can be a great thing (who doesn’t like a good cat photo?), it allows people to share their experiences and stay in touch with long-distance friends and relatives in a way that used to be impossible. So, why does the use of social media matter in the context of your injury claim? Well, it could actually matter a lot. In my experience, nothing can tank a claim faster than an ill-timed and unfortunately worded Facebook post.

More and more, insurance companies are turning to social media, hoping to find a photo or a “status update” that will give them useful information to defend against your Minnesota workers’ compensation, PERA disability or personal injury claims. It is the job of the attorney working for the insurance company to poke holes in your case. Social media can be a gold mine. While it might be fun to share photos from your recent Mediterranean cruise with your Facebook friends or a status update about your weekend jet skiing at the lake, this may ultimately do you more harm than good. It can be particularly problematic in cases where you have strict work restrictions, limiting your activities both at work and in your private life. For example, if you were in a motor vehicle collision and you are seeking compensation for your pain and limited mobility, it would be problematic to post a photo of you hiking with a group of friends. Seemingly innocuous photos such as these can be extremely detrimental in the hands of defense attorneys, who will use them to minimize your injuries and try to make you look like a malingerer.

Due to this common practice, use Facebook, Instagram, and even Snapchat cautiously. I always tell my clients to use common sense with regard to the content they post during the pendency of their claims. I ask clients not to post about their accident, injuries or the status of their claims. All of these things can easily be used against them in a deposition or at hearing. If my clients are not able to quit social media “cold turkey,” I ask that they take a serious look at each and every post before they push “send,” asking themselves whether they would be comfortable explaining the contents of the post to opposing counsel, or even a judge. If my client would not be comfortable explaining the post to these people, they have no business posting it online—even if the client believes their privacy settings are tight.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA Duty Disability benefits, Healthcare Continuation Benefits under Minnesota Statute §299A.465 and personal injury claims. Call us today at 1-877-746-5680.