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Meuser & Associates, P.A. has represented a number of Minnesota police officers and firefighters for workers’ compensation claims. We’ve also assisted a number of our clients in procuring Continuation of Healthcare Coverage under Minnesota Statute 299A.465.Prior to July 2008, an injured firefighter or police officer who had been approved for a duty disability pension could seek continued healthcare coverage under Minnesota Statute 299A.465 by applying to a panel to request a hearing. Unfortunately, the Panel erroneously denied benefits to many claimants.
The Minnesota legislature revised the statute effective July 2008, attempting to streamline the process of securing continued healthcare coverage. Unfortunately, the new legislation is possibly worse than the old legislation. While PERA (Public Employee Retirement Association) members and members of local relief associations, such as MFRA (Minneapolis Firefighters Relief Association), are included in the statute, the legislature apparently forgot about members of MSRS (Minnesota State Retirement Service), which includes members of the State Highway Patrol. Currently, there is a dispute as to whether disabled State Highway Patrol Officers are entitled to continued healthcare continuation. To read more about this dispute, click here.
We’ve succeeded in obtaining continued healthcare coverage under Minnesota Statute 299A.465 for several of our clients, including four cases we won at the Minnesota Court of Appeals. We got the fourth decision from the Court of Appeals today.
In the first case, Meuser & Associates, P.A. successfully argued before the Minnesota Court of Appeals that the Panel erroneously considered factors outside the scope of its statutory authority, thus securing Continued Healthcare Coverage for our client. Click here to read a copy of the Court of Appeals opinion.
In the second case, an injured firefighter petitioned the Panel for a review of his application. After three hearings, the Panel made numerous procedural and legal errors. The City of Richfield and our client ultimately agreed to settle the case, and our Client withdrew his application before the Panel. Despite withdrawing his application, the Panel held that he was ineligible for benefits. On review, the Court of Appeals reversed and agreed that the Panel did not have jurisdiction to deny our client’s benefits. Click here to read a copy of the Court of Appeals opinion.
In the third case, the City of Minneapolis refused to extend Continued Healthcare Coverage for our client. We made a motion for summary judgment in the District Court, which was denied. On appeal to the Minnesota Court of Appeals, the Court agreed with our position that the claimant’s dependant insurance coverage through his wife’s policy was sufficient to qualify him for Continued Healthcare Coverage. The case was remanded to determine whether he met the other qualifications for Continued Healthcare Coverage. Click here to read a copy of the Court of Appeals opinion.
Finally, in the most recent case case, the Panel refused to extent Continued Healthcare Coverage for our client based on the suggestion that his injury may have been caused by something other than his employment. They also speculated that his disability might be temporary rather than permanent in nature. The Court of Appeals reversed, holding that the Panel’s decision was not supported by the evidence, and in fact, the evidence showed that our client was entitled to Continued Healthcare Coverage. The Panel also concluded that the Panel exceeded its statutory authority in making a determination as to whether our client’s disability was temporary or permanent in nature. Click here to read a copy of the Court of Appeals opinion.
If you have questions about your entitlement to Continued Healthcare Coverage under Minnesota Statute 299A.465, give us a call at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation. Note that our services in conjunction with continued healthcare coverage are billed on an hourly basis rather than on a contingent basis.
Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com
