Monday, December 26, 2011

Minnesota Firefighter & Police Officer Disability Benefits

If you are a Minnesota firefighter or police officer, and you are hurt on the job, you may be eligible for workers’ compensation benefits, PERA/MSRS disability benefits, and health care continuation benefits under Minn. Stat. §229A.465. 

Workers’ compensation. All Minnesota firefighters and police officers, including conservation officers, corrections officers, and volunteer firefighters, are eligible for workers’ compensation benefits if you are hurt on the job. This includes medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation/retraining benefits.

PERA or MSRS disability benefits. If you are a Minnesota police officer or firefighter, you may be eligible for PERA or MSRS disability benefits if you can longer perform your normal duties. Depending on the circumstances surrounding the injury, you may be eligible for duty disability benefits, which pays a base rate of 60% of your average high five salary, or regular disability benefits, which pays at a base rate of 45% of your average high five salary.

Health Care Continuation. If you are a Minnesota police officer or firefighter, and you qualify for PERA or MSRS duty disability benefits, you may also qualify for Continued Health Insurance Coverage through age 65, which means that your employer continues to pay your health insurance premium even if you can no longer work as a police officer or firefighter.

The laws governing workers’ compensation benefits and PERA disability benefits are complex. Coordinating your claims to maximize all the benefits you’re entitled to is also extremely complicated. Every case is different, particularly in terms of timing. It’s very easy to make mistakes if you are trying to pursue these benefits on your own, which can literally cost you hundreds of thousands of dollars. Often times we meet with police officers and firefighters who have no idea they’re even eligible for these benefits! We’ve met with other police officers and firefighters who had been represented by, or consulted with, an otherwise competent workers’ compensation lawyer, who had no idea how to help these folks with their claims for PERA benefits.

If you’re a Minnesota police officer or firefighter who has sustained an on-the-job injury, and you’re unsure whether you will be able to continue working as a police officer or firefighter, make sure your workers’ compensation lawyer is knowledgeable about PERA, or you could be leaving hundreds of thousands of dollars on the table. Meuser & Associate is one of the few workers’ compensation law firms in the state that also handles PERA and MSRS disability claims.

If you’re a Minnesota police officer or firefighter who has sustained a career-ending injury, sitting down to talk with us about your rights to these types of benefits is literally like financial planning. We can explain what benefits you’re eligible for, and we can make recommendations to you in terms of how to best protect your rights to those benefits.

In the last couple years, Meuser & Associate has previously represented, and currently represents, dozens of police officers and firefighters throughout the state of Minnesota, including firefighters and police officers who currently work for or formerly worked for:
  • Grand Rapids Police Department 
  • Rogers Police Department
  • Minneapolis Fire Department 
  • Springfield Police Department
  • St. Louis County Sheriff’s Office 
  • St. Paul Fire Department 
  • Crookston Police Department 
  • Redwood Falls Police Department 
  • Hamel Fire Department 
  • Waseca Police Department 
  • Crystal Police Department 
  • St. Louis Park Fire Department 
  • Faribault Police Department 
  • Minneapolis Police Department 
  • Coon Rapids Fire Department 
  • Plymouth Police Department 
  • New Brighton Police Department 
  • Mound Fire Department 
  • Pine County Sheriff’s Office 
  • Rochester Police Department 
  • South St. Paul Fire Department 
  • Becker County Sheriff’s Office 
  • Cass County Sheriff’s Office 
  • Big Lake Police Department 
  • Minnesota State Highway Patrol 
  • Woodbury Police Department 
  • Metro Transit Police Department 
  • Bemidji Police Department 
  • North Branch Police Department 
  • Oakdale Police Department 
  • Chisago County Sheriff’s Office 
  • Lakeville Police Department 
Schedule a time to sit down with Jen or Ron to discuss your injury, what benefits you’re entitled to, and the best ways to protect your rights to those benefits. We are happy to meet with you and answer any questions or concerns you have, and give you an honest assessment as to what benefits you’re eligible for, and our recommendations as to how you should proceed. We understand that for firefighters and police officers, it’s not just a job—it’s a career, and it’s a lifestyle. Facing an illness or injury that may end your career is a difficult place to be in, and it involves making a lot of difficult choices. If you understand your rights and what benefits you’re entitled to, making some of those choices can be a little less stressful.

For a free, no-obligation consultation to discuss your workers’ compensation case, and your rights under PERA or MSRS, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule a time to meet with Ron or Jen. 

Sunday, December 25, 2011

Merry Christmas from Meuser & Associate!


Merry Christmas from all of us at 
Meuser & Associate!

Friday, December 23, 2011

Calculating a MN Work Comp Settlement

Under Minnesota workers’ compensation law, there is no automatic right to a lump sum settlement. That means that neither side can force the other side to settle the case. That being said, in the majority of cases, the parties can, and do, reach some kind of settlement.

There are a variety of different kinds of settlements of workers’ compensation cases, but generally, they are either full, final, complete settlements, or to-date settlements. When people want to settle their Minnesota workers’ compensation case in exchange for a lump sum payment, they are usually thinking of what is known as a full, final, complete settlement, which is a lump sum settlement of all past and future claims, which sometimes closes out an employee’s right to future medical expense benefits, or sometimes leaves open an employee’s right to future medical expense benefits.

While there are literally dozens of factors that need to be evaluated in every case before attempting to put a monetary value on the claim, generally speaking, there are several things that we calculate in every Minnesota workers’ compensation demand. The best way to get an accurate valuation of your Minnesota workers’ compensation claim is to consult with a Minnesota workers’ compensation lawyer.

Past wage loss claims: We calculate claims for any past wage loss to-date, if the workers’ compensation insurer owes any past wage loss benefits. This can include temporary total disability benefits, if the employee has been completely off work, or temporary partial disability benefits, if the employee has been working, but earning less money. In some cases, it can include past permanent total disability benefits. It can also include underpayment claims if the insurer has been paying benefits at an incorrect rate. Factors that play into this calculation include the employee’s average weekly wage and compensation rate at the time of the injury, whether or not the employee has reached maximum medical improvement or not, whether the employee has consistently had work restrictions during the relevant time periods, whether the employee has conducted a diligent job search during the relevant time periods, and whether any third parties have paid wage loss benefits during the same time periods.

Future wage loss claims: For a full, final, complete settlement demand, which contemplates a close out of future wage loss benefits, we also calculate what the employee will realistically incur in future wage losses as well. Several factors come into play in this calculation, including how many weeks of wage loss benefits the employee remains entitled to, whether or not the employee has reached maximum medical improvement, whether the employee is currently working or not working, how much longer it is anticipated that the employee will be off work, whether the employee has permanent work restrictions and the nature of those restrictions, the employee’s anticipated future earning capacity, the employee’s average weekly wage and compensation rate at the time of the injury, and whether the employee is eligible for any other wage loss benefits, such as PERA disability benefits, retirement pension benefits, or social security disability benefits.

Permanent partial disability claims: Based on the type and severity of the injury, we determine whether the employee may have claims for permanent partial disability benefits. Factors that come into play in estimating the value of permanent partial disability benefits, include the nature and extent of the injury, whether or not any permanent partial disability has already been paid, the nature and extent of any pre-existing conditions, and whether a doctor has assigned a permanent partial disability rating.

Out of pocket expenses/medical mileage: If the injured worker has incurred out of pocket expenses or medical mileage, we typically include a claim for reimbursement of these expenses.

Close out of rehabilitation/retraining benefits. Often, a full, final complete settlement also includes a close out of entitlement to rehabilitation and/or retraining benefits. While an injured worker doesn’t actually receive money for rehabilitation benefits, this is a benefit that has monetary value to the insurance company, because they pay for this benefit. If an employee is a strong candidate for retraining, which can be a costly benefit, the value of closing out this type of benefit may be higher.

Payment of outstanding medical expenses/third party intervenors. In addition to the monetary benefits claimed, normally a settlement demand directs that the insurer will also be obligated to satisfy any outstanding medical expenses, and reimburse any third party payors, such as a person's private health insurance, if any of the medical expenses have been paid by a third party. 

Close out of future medical care. In some cases, it may be appropriate to consider a close out of an employee's rights to future medical care in exchange for a monetary payment. In some cases, consideration of a close out of future care is not appropriate. This depends on a variety of factors, such as whether the underlying claim is admitted or denied, the nature and extent of the employee's injury, and the nature, extent, and expense of any anticipated future medical care.

In addition to the actual hard numbers in valuing a Minnesota workers’ compensation claim, obviously, the strengths and weaknesses of any claims or defenses must be taken into account. For example, on a workers’ compensation case where the insurer doesn’t have strong defenses to the claims, it is much more likely that an injured worker will get a settlement that is closer to the demand amount. For cases where the insurer has strong defenses to the claims, or stronger defenses on liability for the underlying injury, while the potential value of the case may be high, that must be weighed against the higher risk that the insurer will successfully defend against those claims.

Crunching the numbers on a Minnesota workers’ compensation claim can be complicated, but coming up with the numbers is actually the easy part. The harder part is determining the true value of a claim to ensure that you’re getting a fair deal on a settlement of your workers’ compensation claim. Workers that try to settle their cases on their own usually undervalue their claims, or unknowingly give up rights to valuable future benefits. Do not trust the workers’ compensation insurance company to give you a fair valuation of your claim!

The best way to ensure that you’re getting a fair deal in settling your claim is to have a Minnesota workers’ compensation lawyer assist you with the process. For a FREE, NO-OBLIGATION case consultation call Meuser & Associate at 877-746-5680, or click here to send us an email. We’ve been helping injured workers for over 20 years, and have recovered millions of dollars in workers' compensation benefits for our clients. We can help you get a fair settlement of your Minnesota workers’ compensation claim. 


Wednesday, December 21, 2011

How a Good MN Workers’ Compensation Lawyer Can Help You

Notifying your employer that you sustained an injury, and filing a Minnesota workers’ compensation claim when you’re hurt at work are two important first steps. If you’ve sustained a serious injury, however, one of your next steps should be to contact a good Minnesota workers’ compensation lawyer. 

While your employer and co-workers may genuinely care about your recover from a work-related injury, to the workers’ compensation insurance company, you are a liability. From day one, the workers’ compensation insurance company is closely looking at how much your injury is going to cost them, and that means that they are also looking for ways to minimize their costs.

In cases involving significant injury, extended time off work, or substantial medical expense, the workers’ compensation insurance company is going to be looking for ways to cut costs. That can be anything from sending you to an IME, denying your entitlement to medical treatment, or cutting off your wage loss benefits. Unfortunately, there are certain procedures within the Minnesota workers’ compensation system that an insurance company can use to basically set you up to make a mistake on your claim, and give them a legal basis to deny portions of your claim.

Minnesota workers’ compensation insurance adjusters know the workers’ compensation rules. Do you? Don’t rely on the adjuster to tell you what your rights are. In fact, they are not legally obligated to tell you what your rights are. The best way you can level the playing field is to have a good Minnesota workers’ compensation attorney on your side through the process.

A good Minnesota workers’ compensation lawyer can help you avoid making mistakes that will cost you benefits, they can help protect you if the insurance company tries to deny your benefits, and in most cases, a workers’ compensation lawyer can help you get a fair settlement for your claim.

In Minnesota, workers’ compensation attorney fees are contingent, meaning that the fees are based on the amount your attorney recovers on your behalf. It also means there are no fees if your attorney is unable to recover benefits on your behalf. These fees are set by Minnesota statute at 25% of the first $4,000 in benefits, and 20% thereafter, up to a maximum of $13,000 in attorney fees per injury. In certain complex cases, your attorney may petition the court to approve fees in excess of $13,000. In cases involving disputes primarily dealing with your right to medical expense benefits or rehabilitation benefits, the insurance company is responsible for paying your attorney fees called Roraff or Heaton attorney fees.

As a Minnesota worker, you have the right to a safe workplace. If you do sustain an on-the-job injury in Minnesota, make sure you receive the workers’ compensation benefits you’re entitled to. At Meuser & Associate, we have the knowledge and experience to protect your workers’ compensation rights from the first day you are injured. For a free, no-obligation case evaluation, contact us at 877-746-5680, or click here to send us an email


Tuesday, December 20, 2011

Avoiding Parking Lot Accidents During Holiday Shopping

In the weeks leading up to Christmas, shopping at malls and stores can be a nightmare. Frayed tempers, lack of parking spots, and heavy traffic can result in parking lot fender benders and pedestrian accidents. During the holiday season, it’s wise to exercise some extra caution during holiday shopping when parking and pulling out of parking spaces. The holidays can be stressful—don’t add more stress by having a parking lot accident.
  1. Park far away from the store. During holiday shopping, parking spots are hard to find, and impatient drivers can be dangerous when you’re trying to get in and out of a spot. Remote areas of the parking lot see less traffic, making it easier for you to safely back your car out when it’s time to leave. 
  2. Be observant on your way to your parking space. On your way back to your car after completing your shopping, watch for dangers, such as parents with small children and nearby cars. Seeing these dangers ahead of time can help you anticipate them when you’re backing out of your parking space. 
  3. Check your blind spots. When pulling out of your spot, check all your mirrors and blind spots. Be mindful that parents are out and about with their children who can run behind your car as you’re backing out. Use extra caution in busy parking lots. 
  4. Drive slowly. Slowing down allows you to react to in time to avoid accidents. Driving slowly when driving in parking lots, and when backing out of your space is particularly important if the weather is bad or when it’s dark out. 
  5. Be a responsible pedestrian. As you’re walking through a parking lot, stay in pedestrian-designated areas and make sure drivers see you. Avoid dashing in front of cars or behind cars that are backing out without looking. 
Even low-speed parking lot accidents can result in injuries. If you sustain injuries as a result of a parking-lot accident through no fault of your own, you may be entitled to Minnesota No-Fault Benefits, and you may be able to bring a claim for damages against the at-fault driver. For a free, no-obligation case evaluation, contact Meuser & Associate at 877-746-5680 or click here to send us an email to speak with one of our attorneys.

Monday, December 19, 2011

Is My Injury Work-Related? -- Minnesota Workers’ Compensation

If you’re sustained a work-related injury in Minnesota, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

In order to qualify for workers’ compensation benefits, you must be able to establish that your injury arose “out of and in the course and scope of employment.” The work activities must also be a substantial contributing factor to the injury.

Arising Out of the Employment 

The “arising out of” requirement is a legal causation standard. It basically means that there must be a causal connection between the employment and the injury. Generally, what this means is that you must show that a condition or incident of employment increased your exposure to potential harm beyond that of the general public or beyond your exposure to potential harm outside of work. In plain language, what this means is that the circumstances of your employment must have had something to do with the work injury.

Most on-the-job injuries satisfy this rule. There, are a few exceptions, however, where an on-the-job injury may not necessarily “arise out of’ the employment, including:

Injuries caused by “Acts of God.” Acts of God can include anything from injuries caused by disease or severe weather. There are many “exceptions” to this “exception,” however. If an employee’s work circumstances placed them at increased risk to exposure to the “Act of God,” or if an employee’s injuries sustained as a result of an “Act of God,” were worsened due to their work activities or circumstances, those injuries are generally compensable.

Injuries while “Coming or Going.” Generally speaking, if you sustain injury while on your way to work, or on your way from work, your injury is not covered for purposes of workers’ compensation. This is known as the “Coming and Going Rule.” Again, there are several exceptions to this exclusion. For example, employers are obligated to provide safe ingress to or egress from the employment premises. In plain language, that means injuries sustained on your way into or out of the workplace, such as walking to an employee parking lot, are generally covered.

Injuries due to the intentional acts of third parties. On the-job injuries that are the result of a violent act of a third party, totally unconnected with the employment, are not compensable. In most cases, however, there is at least some connection between the circumstances of the employment and the violent act, so these types of injuries are usually covered.

Idiopathic injuries. “Idiopathic” basically means spontaneous, or peculiar to the individual. Personal conditions that cause an injury at the workplace are not compensable. That being said, if the employment premises or activities aggravate or increase the risk of injury, these types of injuries can be compensable.

In the Course and Scope of Employment 

To meet the second part of the legal causation test, you must also show that the injury occurred within the period of the employment, and at a place where you could reasonable expected to be, and while you were performing your duties or something incident thereto. In plain language, this means that typically your injury must have occurred on the employer’s premises, during working hours, while performing your job duties.

There are, however, a number of exceptions to these requirements, including:

Traveling employees. Employment that requires travel involves a special set of rules. Each case is very fact specific, and involves an analysis of where the employee was at the time of the injury, what the employee was doing, and if the employee was required to be traveling as part of his or her duties.

Acts to assist others outside the employment. Generally, an act outside an employee’s regular duties, which is performed to advance the interests of the employer, is considered to be within the course of employment.

Acts of “personal comfort.” Under what is known as the “Personal Comfort Doctrine,” injuries that are sustained while an employee is attending to personal needs or comforts are generally held to be within the course of employment. This can include getting a drink of water, smoking, and using the restroom.

Horseplay. “Goofing around” or “horseplay” is generally considered to be incidental, or related to employment, and injuries that occur during such activities are generally compensable.

Violation of employer rules. Even violating an employer’s rules which results in an injury, is usually not grounds to deny benefits, unless the employee is engaged in a prohibited act at the time of the injury, and there must be a direct link between the performance of the prohibited act and the injury.

Recreational activities and employer sponsored events. Most social and recreational activities are no longer considered to be within the course of employment, unless the employee is able to show that the employer ordered or assigned the employee to participate in the program.

Injuries during lunches or breaks. Injuries that occur during a lunch break that is unpaid and off the employer’s premises are usually not covered, although there are some exceptions.

Work from home and home offices. This is becoming more and more common. Injuries sustained by employees during the actual performance of work activities while at home are generally compensable.

Substantial Contributing Factor

In addition to meeting the legal causation requirements set forth above, an employee must also show that his or her work activities were a substantial contributing factor to the development of his or her injury. There are a variety of different types of injuries that satisfy this definition, including specific injuries, Gillette-type or cumulative trauma injuries, aggravations or accelerations of a pre-existing condition, and occupational diseases. An employees work activities need not be the only cause of the condition—they need only be a substantial contributing factor.

Specific injuries. Specific injuries occur as a result of a specific incident or an accident. These are usually pretty clear. For example, falling off a ladder, sustaining a lifting injury, or being involved in a work-related motor vehicle collision are all specific incidents or events.

Cumulative trauma or Gillette-type injuries. Compensation is allowed for injuries that occur as a result of repetitive, minute trauma brought about by the performance of ordinary job duties. These types of injuries can occur over a long period of time. So long as an employee’s work activities are a substantial contributing factor to the development of the injury or condition, they are covered. Some common examples of these types of injuries include carpal tunnel syndrome or degenerative disc disease of the spine.

Aggravations or accelerations of a pre-existing condition. If an employee’s work activities substantially contribute to an aggravation or acceleration of a pre-existing condition, those conditions or injuries are compensable as well. A work-related aggravation can be temporary, or an aggravation can be permanent.

Occupational diseases. In very general terms, a disease that arises out of and in the course of employment, and which is peculiar to the occupation in which the employee is engaged, and which is not an ordinary disease of life to which the general public is equally exposed, is covered under Minnesota workers’ compensation. Occupational diseases have very specific definitions, causation requirements, and procedural rules.

Consequential injuries. Injuries that occur as a direct and natural consequence of a previous compensable injury are also, themselves, compensable. This can include conditions that develop as a medical consequence of an injury, and it can include injuries that are sustained as a legal consequence of a prior, work-related injury. For example, an injury that is sustained while doing physical therapy for a prior injury is a consequential injury. Injuries sustained as a result of a car accident on the way to a workers' compensation doctor's appointment are consequential injuries.

Psychological injuries.  Physical injuries which are occasioned by mental stimulus, and psychological injuries which are caused by a physical injury, may be covered for purposes of workers’ compensation. Psychological injuries which are occasioned by mental stimulus are not generally covered by workers’ compensation.

Some on-the-job injuries are obvious – if you fall off a ladder while performing your job duties and you sustain injuries, that’s clearly a work-related injury. If you sustain a lifting injury and hurt your back while performing your job duties, that’s clearly a work-related injury. Some work-related injuries, however, are not quite so obvious. If your injury falls into one of these "gray" areas, chances are, the workers' compensation insurer will deny your claim. Don't rely on the workers' compensation insurance company to make a "fair" determination as to whether your claim is compensable or not.

We frequently talk to individuals who sustain injuries or conditions that clearly meet the requirements of a work-related injury, but they didn't realize they had a compensable claim. If you believe you've sustained an injury that may be a result of your work activities, contact Meuser & Associate for a free, no-obligation case evaluation at 877-746-5680, or click here to send us an email

 

Workers' Comp. Resources: Guide to All 50 States

Meuser & Associate practices workers' compensation law in the state of Minnesota. Workers' compensation law varies significantly by state, meaning that every state has it's own specific laws governing the types of injuries covered and the types of benefits available. If you have a question about workers' compensation laws in a state other than Minnesota, I recommend checking out Maryland Workers' Compensation website, which includes a section setting forth basic information about the workers' compensation laws of all 50 states.

Sunday, December 18, 2011

MN Workers’ Comp: Independent Contractor or Employee?

In Minnesota, independent contractors are NOT covered for workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, or rehabilitation benefits. Employees, on the other hand, ARE covered for workers’ compensation.

In Minnesota, all employers are required by law to carry workers’ compensation insurance to cover their employees in the event of a work-related injury. The MN Department of Labor and Industry has a search tool to look up whether your employer carries legally-required workers’ compensation insurance.

If you’re an independent contractor and you sustain a serious on-the-job injury, medical bills and loss of income after a work injury can be financially devastating. That’s why it’s absolutely critical to have an experienced workers’ compensation attorney evaluate your case if you’re not sure whether you are an independent contractor or an employee.

Even if your employer tells you that you’re an independent contractor rather than an employee, you may still be covered for workers’ compensation. A determination as to whether you qualify as an “employee” or an “independent contractor” for purposes of workers’ compensation is a legal question that requires analysis of several different factors.

Just because your employer says you are an independent contractor doesn’t mean it’s true under the law. In fact, employers often have financial incentive to designate its employees as “independent contractors,” even though they don’t meet the legal definition for “independent contractors.” First, employers avoid paying social security and federal and state taxes for independent contractors. They also avoid contributing to state unemployment, and federal Medicare contributions. Employers in some industries may also classify their employees as independent contractors to avoid having to pay for workers’ compensation insurance coverage.

Depending on the industry you are working in, there are different factors that are analyzed in making a determination as to whether you are an independent contractor or an employee.

Don’t rely on your employer to tell you what your legal classification is! We routinely meet with employees who are hurt on the job who are told that they are independent contractors, so they are on their own for medical bills or wage loss following an injury.

Some industries where this problem is most prevalent include: 
  • Residential and commercial construction 
  • Roofing 
  • Landscaping 
  • Telecommunications installation and sales 
  • Appliance sales, delivery and installation 
  • Sales 
  • Collections 
  • Delivery 
  • Couriers 
  • Drivers 
If you were hurt on the job and you don’t know whether you’re an independent contractor or an employee, contact Meuser & Associate for a free, no-obligation case evaluation. Call us at 877-746-5680 or click here to send us an email to schedule a time to speak with Jen Yackley or Ron Meuser about your rights.

Thursday, December 15, 2011

Facet Joint Disorders and Back Pain: MN Workers’ Compensation

One common source of neck and back pain among our Minnesota workers’ compensation clients is facet joint disorders. Facet joints are small stabilizing joints located between and behind the vertebra of the spine. Facet joints prevent excessive motion, over-twisting, and slipping of the vertebrae. They slide on each other and are normally coated by a very low friction, moist cartilage. A small sack or capsule provides lubricant for the facet joint.

The facet joints are in almost constant motion with the spine, and they often become degenerated, or wear out, due to overuse. When facet joints become worn or the cartilage is torn, bone spurs can develop in adjacent areas. This can cause considerable pain with movement and is known as “facet joint disease” or “facet joint syndrome.”

Diagnosing facet joint problems can be difficult because the symptoms can be similar to other types of conditions, such as a herniated disc, a vertebral fracture, or a torn muscle. Symptoms of facet joint problems can include:
  • Acute episodes of neck or back pain a few times a month or year. 
  • Persistent point tenderness overlying the inflamed facet joints. 
  • Loss of spinal muscle flexibility, also known as guarding. 
  • More discomfort with backward leaning than forward leaning. 
  • Radiating pain down the buttock and the back of the upper leg. 
  • Locally radiating pain, or pain into the shoulders or upper back. 
Diagnosing facet joint problems often involves x-rays or a CT scan. Facet joint injections can also be used to diagnose a facet joint problem if a patient experiences pain relief following the injections.

There are a number of treatment options for facet joint disorders that can help with reducing the severity, persistence, and frequency of flare-ups. Conservative measure can include physical therapy and exercise, heat or cold therapy, avoiding static position, use of anti-inflammatory medications, chiropractic or osteopathic manipulation, and traction. More invasive options can include facet joint injections, facet rhizotomy, or fusion surgery.

Diagnosing facet joint problems often involves eliminating other possible causes of neck or back pain. This can be a frustrating process. It can also lead to disputes in workers’ compensation cases due to the difficulty in diagnosing the condition. As a rule, the more difficulty a condition is to diagnose, the more difficulty a patient will have securing the medical care they need from their workers’ compensation insurer.

Visit Spine-Health.com for more information about facet joint problems. 

If you’ve suffering from facet joint problems, or any other back problem, due to a work injury or your work activities, we can help make sure you get the medical care you need. We can also make sure you get the Minnesota workers’ compensation benefits you’re entitled to if you’re having difficulty doing your job because of your symptoms. For a free, no obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email

Tuesday, December 13, 2011

MN PERA Police & Fire Plan Disability Benefits: Things You Should Know

If you’re a Minnesota police officer or firefighter, you are eligible for disability benefits through the Public Employees Retirement Association (PERA) if you are unable to perform your normal job duties for a period of a year or more, as the result of an injury or illness. There are two different basic types of disability benefits, duty disability benefits, and regular disability benefits.

PERA Duty Disability Benefits: Duty disability benefits are paid at a base rate of 60% of your average monthly salary benefit during the highest five consecutive years of earnings. For each year of service credit you have in excess of 20 years, the benefit is increased by 3%. In order to qualify for “duty disability,” you must have a physical or psychological condition that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year. In addition, the disability must be the direct result of an injury incurred during, or an illness arising out of, the performance of your duties. Those duties must be specific to protecting property or safety of others, and they must present inherent dangers that are specific to police officers and firefighter.

PERA Regular Disability Benefits: Regular disability benefits are paid at a rate of 45% of your average monthly salary benefit during the highest five consecutive years of earnings. In order to qualify for regular disability benefits, you must have a physical or psychological condition that is expected to prevent you from performing your normal duties for a period of at least a year. The disability can be non-work related, or it can be the result of a work injury incurred while performing duties that are not specific to protecting property or safety, or duties that are not inherently dangerous.

If you are a Minnesota police officer or firefighter considering applying for a PERA disability benefit or a PERA retirement benefit, you should very carefully consider all your options before making a selection.

Things you should keep in mind about PERA disability benefits:
  • Not all in-the-line of duty injuries automatically qualify for PERA duty disability benefits. 
  • If you are found to be eligible for PERA duty disability benefits, you are also eligible for Continued Health Insurance Coverage under Minn. Stat. §299A.465. 
  • There are tax advantages to a PERA disability benefit versus a PERA regular retirement. 
  • You cannot apply for a PERA duty disability benefit if you are over the age of 55 and have more than 20 years of service credit. 
  • You cannot apply for PERA regular disability benefits if you are over the age of 55 and have more than 15 years of service credit. 
  • Even if you are not eligible for PERA duty disability benefits because you are over 55 and have in excess of 20 years of service credit, you are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. §299A.465, if you otherwise meet the requirements for PERA duty disability benefits. 
  • If your injury was more than two years prior to the date of your application for PERA duty disability benefits, you must show that you cannot perform the duties you were performing in the 90 days prior to your application. 
  • You must procure two PERA Medical Reports from two different doctors supporting your claim for PERA disability benefits. 
  • You must apply for PERA disability benefits within 18 months from the date you end your public service. 
  • You must separate from service from a PERA covered position within 45 days of being approved for PERA disability benefits. 
  • If you are not working, you can earn up to 100% of the salary currently paid for the position between PERA disability benefits and workers’ compensation benefits. 
  • If you are re-employed, you can earn up to 125% of the salary currently paid for the position or your salary before you became disabled (whichever is higher), between your re-employment earnings, workers’ compensation benefits, and PERA disability benefits, and if you exceed 125%, your PERA benefit is reduced by $1.00 for every $3.00 earned in excess of the limit. 
Deciding which benefit to apply for, and the application process itself can be extremely confusing and complicated. Unfortunately, it’s easy to make mistakes that can cost you hundreds of thousands of dollars. 

Here are a couple examples of our recent successes:
  • We represented a Deputy Sheriff whose application for PERA duty disability benefits was denied on the basis that she was able to perform the light duty tasks she performed in the 90 days preceding her application, and that she was therefore, not disabled. We won her case at an Administrative Hearing, and subsequently were able to reach an agreement with the County as to her termination date so as to secure her a significant back award of PERA duty disability benefits, as well as Continued Health Insurance Benefits under Minn. Stat. §299A.465. We were also able to secure a substantial settlement of her workers’ compensation case. 
  • We were awarded PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained serious shoulder injuries, resulting in several shoulder surgeries, when he fell down some stairs inside an abandoned building. 
  • We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who suffered a heart attack following a high speed pursuit of a drunk driver, and a physical altercation with the suspect after an on-foot pursuit. Our client had previously applied for, and been denied, PERA duty disability benefits. We were able to subsequently prove that his condition had substantially worsened in the interim, and that he was now disabled. 
  • We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who developed post-traumatic stress disorder after he shot and killed a suspect in the line of duty, and was unable to return to work in law enforcement. 
  • We were awarded Continued Health Insurance benefits for a firefighter who was over the age of 55 and had in excess of 20 years of service credit, who sustained a severe low back injury after lifting an extremely obese patient during the course of a medical emergency call. 
  • We secured PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained arm and elbow injuries after an altercation with a suspect. We also secured a substantial workers’ compensation settlement for him. 
If you’re injured in the line of duty, and you’re concerned about your ability to continue working as a police officer or firefighter, it’s wise to consult with a workers’ compensation attorney who is also experienced in making claims for PERA benefits. It’s VERY easy to make mistakes on PERA claims that can result in you losing out on hundreds of thousands of dollars worth of benefits.

Jen Yackley and Ron Meuser at Meuser & Associate represent police officers and firefighters throughout the state of Minnesota for workers’ compensation and PERA disability claims. For a FREE, NO-OBLIGATION consultation to discuss your claims, call us at 952-345-2052 X.102, or click here to send us an email to schedule a time to speak with Jen or Ron.

Sunday, December 11, 2011

Jen Yackley and Ron Meuser Speak at Annual Minnesota Conservation Officer’s Association Meeting


Ron and I had the honor of being invited to speak at the Annual Minnesota Conservation Officer’s Association meeting in St. Cloud on December 1, 2011. We gave a short presentation and held a question and answer session. We also had the pleasure of meeting several conservation officers and Mr. Bruce Lawrence, president of the MNCOA.

Our talk addressed the importance of reporting your injuries, making sure you plan ahead if you're suffering from an injury or condition that may prevent you from returning to your career as a conservation officer, and hearing loss claims.  

Most members of the MNCOA are sworn law enforcement officers of the Minnesota DNR enforcement division. As peace officers, Minnesota conservation officers are subject to many of the same dangers as local police officers – injuries from altercations with suspects, injuries from dealing with dangerous individuals, injuries sustained while pursuing suspects. Conservation officers also face some unique dangers associated with performing a substantial portion of their enforcement activities outdoors – injuries from ATV and snowmobile accidents, slip and fall accidents due to rough outdoor terrain, exposure to the elements, and animal and insect bites.

Minnesota conservation officers are eligible for workers’compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits for on-the-job injuries.

As licensed peace officers, Minnesota conservation officers are also eligible for MSRS duty disability benefits and continuation of healthcare insurance under Minn. Stat. §299A.265 for in-the-line-of-duty injuries expected to prevent that officer from performing his or her normal duties for a period of a year or more. 

We STRONGLY recommend that if you are a Minnesota conservation officer, or any other peace officer in the State of Minnesota, and you have a work-related injury, and you are concerned about your ability to continue performing your job, BEFORE you make any major decisions, talk to a qualified workers’ compensation lawyer that is also knowledgeable about MSRS and PERA duty disability benefits. There are things you can do to maximize your eligibility for both your workers’ compensation benefits, and your MSRS benefits. Unfortunately, there are also simple mistakes you can make that can cost you thousands and thousands of dollars.

We are happy to provide a FREE, NO-OBLIGATION consultation to discuss your workers’ compensation benefits, as well as your eligibility for MSRS and/or PERA duty disability benefits. 

Before you make any decisions about retirement or leaving the DNR on a medical disability, talk to us! Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a time to speak with Jen Yackley or Ron Meuser about your rights.

Friday, April 22, 2011

Avoid Ladder Disasters: Minnesota Workers’ Comp.

According to OSHA, falls account for more than 16 percent of workplace injuries and almost 13 percent of all workplace deaths. According to the U.S. Consumer Product Safety Commission, more than 532,000 people were treated in hospital emergency rooms, doctors’ offices, and clinics in 2007 after falling off a ladder. Unfortunately, injuries that occur as a result of a fall from a ladder are often severe.

The nature and extent of injuries that occur as a result of ladder falls depends on the distance of the fall, what parts of the body hit the ground first, the position of your body parts when you fall and land, and the type of surface you land on.

Ladder falls can result in serious injuries, including spinal cord injuries, traumatic brain injuries, broken bones, or herniated discs. Sometimes these injuries can be life-changing.

There are things you can do to prevent falls from ladders.

Always inspect a ladder before use. Make sure ladder rungs are in place, intact, free from slippery substances, and have slip resistant surfaces. Make sure support braces, bolts, and screws are in place and tight. Make sure metal parts are lubricated. Inspect rope and check for wear or fraying. Ensure that spreaders or locking devices are in place. Check for splinters or sharp edges. Check to ensure that safety feet are in place. Check for dents and bends in metal ladders.

Select the right ladder for the job. I-A (heavy duty) ladders can hold up to 300 pounds, including the worker and his or her equipment. I (heavy duty) ladders can hold up to 250 pounds including a worker and equipment. II (medium duty) ladders can hold 225 pounds, and III (light) ladders can only hold up to 200 pounds. In addition, a stepladder should be no more than 20 feet high, a one-section ladder should be no more than 30 feet high, and an extension ladder can go up to 60 feet, but the sections must overlap.

Set up ladders properly. Ladders should be placed on a level surface, and wide boards should be used beneath the ladder on soft ground. A ladder’s feet should be parallel with the surface the ladder is resting against. The ladder should be extended so there are at least three feet above the top support. The top of the ladder should be anchored, and the bottom should be tied or held. A ladder should not be rested on a window or window sash, and should not be placed in front of a door. The distance from the base of the ladder to the wall should be one-fourth of the ladder. Extension ladders should be positioned before being extended.

Be safe while working on ladders. One person on a ladder at a time. Wear shoes with non-skid soles. Face the ladder while climbing up or down, and hold the rails with both hands. Carry tools up or down on a belt or with a rope or hoist, not in your hands. Keep one hand on the ladder while you work. Don’t step on the top two stepladder steps or top four ladder rungs. Keep your body centered on the ladder. Don’t move a ladder while you’re on it. Move slowly and cautiously while working on the ladder.

For more great ladder safety tips, visit Safety Daily Advisor.

If you’ve sustained injuries as a result of an on-the-job fall from a ladder in Minnesota, you may be entitled to workers’ compensation benefits. Minnesota workers’ compensation benefits include medical expenses, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits.

For a free, no-obligation consultation to learn more about your Minnesota workers’ compensation rights, contact attorney Jen Yackley or Ron Meuser at 877-746-5680 or click here to send us an email.

Got questions about MN workers' comp? Visit our Minnesota Workers' Compensation FAQ!

Thursday, April 21, 2011

Vote for Jake LaFerriere: America's Most Wanted All-Star!

Voting starts today, April 21, 2011, for Minneapolis' own Jacob LaFerriere for America's Most Wanted 2011 All-Star which recognizes and honors America's most inspirational first-responders.


Jake suffered severe injuries while battling a house fire in July 2010, and his recovery, great attitude, and generosity have been nothing less than inspirational. To read more about his story, check out these links:

Minnesota Firefighter Jake LaFerriere Is In Line to Win $10,000 In America's Most Wanted All-Star Contest

Jake LaFerriere: Why We Do What We Do

Click here to vote for Jake! Voting runs from today, April 21, 2011 through May 8, 2011. You can vote once per day, per email. Let's help him win!

Help spread the word! Cross-posting of this post is permitted and encouraged!

At Meuser & Associate, we feel honored to work with wonderful people like Jake.

You Can Afford a GREAT MN Work Comp Lawyer!

In Minnesota, attorney fees in workers’ compensation cases are set by statute, which means that the cost for our services is set by law. Because our fees are set by statute, cost shouldn’t factor into your decision as to whether to hire a lawyer, or which lawyer you decide to retain. We’re all paid the same amount. That means you can afford the BEST workers’ compensation lawyer in the state, or you can get the worst lawyer in the state, and the fees will be the same, although the best lawyer will probably be able to secure more benefits for you.

Workers’ compensation attorney fees in Minnesota are set at 25% of the first $4,000.00 in benefits recovered, and 20% thereafter, up to a maximum of $13,000.00 in attorney fees per date of injury.

In certain complex or difficult cases, your attorney can petition the court to allow fees beyond the $13,000.00 maximum. In cases involving disputes over your entitlement to medical care or rehabilitation benefits, your attorney can petition the court to award hourly fees called Roraff or Heaton fees, that are paid by the workers’ compensation insurance company, separately from any monetary benefits you receive.

Minnesota law-makers recognize the fact that the vast majority of injured workers can’t afford to hire an attorney and pay a retainer or hourly fees. That is why attorney fees in Minnesota workers’ compensation are contingent.

When attorney fees are “contingent,” it means that the attorney fees are set as a percentage of the amount of benefits that are recovered on behalf of the injured worker. It also means you pay nothing up front, you don’t pay a retainer, and you pay no attorney fees out of pocket. A Minnesota workers’ compensation lawyer should never ask you to pay attorney fees up front, or ask for a monetary retainer.

“Contingent” attorney fees also means that if your attorney is unsuccessful in securing benefits for you, there is no attorney fee. That means that you literally take on no risk by pursuing a workers’ compensation case. A workers’ compensation lawyer that takes on your case on a contingency fee basis bears 100% of the risk of being unsuccessful. Even if you lose, and your attorney spent 1,000 hours of time on your case, you won’t have a bill for his or her services at the end of your case.

Workers’ compensation attorneys also generally front all costs associated with your case. For example, it usually costs a few hundred dollars to secure copies of all your medical records, it may cost a few hundred dollars for deposition transcripts, and expert opinions can cost anywhere from a couple hundred dollars to over a thousand dollars. In some cases, the costs are minimal. In complex cases, the costs can run into the thousands or more. In Minnesota, reasonable costs incurred by your attorney in pursuing your case are reimbursable by the workers’ compensation insurance company, which means reimbursement for costs don’t come out of your pocket—they come out of the insurance company’s pocket.  

Attorney fees in workers’ compensation cases are also limited to situations where there is a dispute. I’ve had clients tell me that their workers’ compensation adjuster told them that if they hire a lawyer, attorney fees will be taken out of their benefits, and they’ll get less money. That’s absolutely not the case. If your claim is admitted and the workers’ compensation insurance company is paying you benefits, no attorney fees will be withheld from your benefits. Attorney fees are only withheld if there is a dispute and your attorney has to do something either to secure your right to those benefits, or to prevent the insurance company from stopping those benefits.

It costs you nothing to speak with a Minnesota workers’ compensation attorney. We offer free, no-obligation consultations, which means that we sit down with you, discuss the facts of your case, talk about the types of workers’ compensation benefits you are entitled to, give you suggestions as to how best to proceed on your case, point out issues on your case that might cause problems, give you advice on how to protect your rights, and help you formulate a plan to help you end up where you want to be.

Our consultations are also no-obligation, which means that after you meet with us, and you decide you don’t need or want a lawyer, you’re not obligated to retain us. The important thing is that you’re more knowledgeable about your rights under Minnesota workers’ compensation law. Don’t assume that the workers’ compensation insurance company will tell you what your rights are. In fact, the general rule is that insurance companies generally are not obligated to tell your rights under Minnesota workers’ compensation law. If there's a "gray area" on your case as to whether you are entitled to certain benefits or not, the insurance company most certainly won't tell you, "well, you might have a claim for x, y, and z."

A lot of folks wait until there’s a dispute stewing between them and the insurance company over wage loss or medical treatment to speak with a lawyer. You do not need to wait until there’s a dispute. Even if the workers’ compensation insurance company has accepted liability for your work injury, it’s usually just a matter of time before a dispute does arise.

Even if you don't think there's a dispute on your case, you'd be shocked how often the workers' compensation insurance company underpays benefits. Some common underpayments we see involve undercalculating a worker's average weekly wage (AWW), failing to pay temporary partial disability  (TPD) benefits, underpaying permament partial disability (PPD) benefits or simply not paying PPD at all. You may be pleasantly surprised to learn that you're entitled to additional benefits after consulting with a Minnesota workers' compensation lawyer.

If you retain a Minnesota workers’ compensation lawyer before a dispute arises on your case, we can provide you advice and guidance as your claim progresses to avoid a lot of common mistakes injured people make that can adversely affect their claims. It also allows us, as your attorneys, to spot issues before they come up, and to help guide you through the situation to protect your interests, and help you direct your claim in the direction you want it to go.

For a free, no-obligation consultation to learn more about your rights under Minnesota workers’ compensation law, call Jen or Ron at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com to learn more about your workers' compensation rights.

Wednesday, April 20, 2011

Applying for PERA Duty Disability Benefits: Five Easy Mistakes to Avoid

We represent many, many police officers and firefighters covered under the Public Employees Retirement Association (PERA) Police and Fire Plan, for workers’ compensation claims, personal injury claims, and PERA disability claims.

If you are a Minnesota police officer or firefighter, and if you have a disability that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year, and if your disability “is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan,” Minn. Stat. §353.01, Subd. 45 (2009), you may be eligible for PERA duty disability benefits.

PERA duty disability benefits start at a minimum of 60% of your average salary over your five highest-paid consecutive years of service. This is the equivalent to a retirement benefit based on 20 years of service. If you have in excess of 20 years of service, you will receive an additional 3% of your salary for every year beyond 20 years of service.

PERA regular disability benefits start at 45% of your salary, or the equivalent of 15 years of service. Police and Fire Plan members who have an illness or injury expected to prevent them from performing the normal duties of their position for a period of a year, but the injury or illness was not-work related, or does otherwise meet the definition of “Duty disability,” may be eligible for Regular Disability Benefits.

In addition PERA Police and Fire Plan members may also be eligible for continuation of health care coverage under Minn. Stat. §299A.465, if they also qualify for duty disability benefits. That means the Employer must continue to pay your health insurance premiums until age 65.

These benefits can be worth thousands and thousands of dollars! Meuser & Associate regularly represents PERA Police and Fire Plan Members, PERA Corrections Plan Members, MSRS State Corrections Plan Members, and State Troopers covered under MSRS, for duty disability applications and appeals, healthcare continuation under Minn. Stat. §299A.465 applications and appeals, and regular disability applications and appeals.

Unfortunately, we see a lot of folks make mistakes when they’re applying for these benefits, and then they have to retain us to appeal an adverse decision. Most often, people applying for PERA benefits get denied, or don’t get awarded the benefit they’re applying for because they made mistakes on the initial application. It’s easier (and cheaper) to get it right the first time you apply, than it is to appeal and try to fix some easily avoided mistakes you made on your initial application.

  1. Schedule a time to meet with a PERA or MSRS retirement counselor before you start completing your application. They will explain the various types of disability benefits that are available to you, and explain the application process. Many times, they are also kind enough to point out potential issues they might spot with your claim.
  2. You are generally required to submit reports from two doctors indicating that you are disabled from performing the duties of a firefighter or police officer for a period of at least a year. Bring a copy of your job duties to your appointment, and explain to your doctor exactly what they need to fill out. If your doctors don’t indicate on the forms that you can’t perform the duties of a police officer or firefighter for a period of at least one year, you will not be considered to be disabled. This seems self-explanatory, but submitting forms that indicate you're not disabled will not help you get approved. Unfortunately, I've seen people do this in at least three separate cases.
  3. The PERA disability application form gives space for about one paragraph to explain how your injuries occurred, and another paragraph to summarize your medical treatment. Don’t be afraid to attach additional pages to explain precisely how your injury occurred, and the medical treatment you’ve received. The PERA application form doesn’t really indicate the statutory requirements to qualify for duty disability, i.e., that your injuries or illness was incurred while performing duties that are specific to protecting property or safety, and that present inherent dangers specific to police officers or firefighters. If you don't do an adequate job of explaining how your injury fits into this definition, you may be denied duty disability benefits.
  4. If your injury occurred more than 2 years before your disability began, special rules apply, or at least that’s how PERA is interpreting the law. For example, if you had a back injury, tried conservative therapy, underwent surgery, then tried to return to full duty, only to realize a couple years later that it just isn’t going to work, you will need to show that your disability prevents you from performing your duties in the 90 days prior to your application. PERA has interpreted this to mean that if your injury was over 2 years prior to your application, and you pushed papers on light duty in the 90 days before you apply, you must show that your disability prevents you from doing those light duty assignments. In many cases, you may be better off waiting until 90 days after your light duty ends to apply for PERA benefits. This is a very case specific situation, but you certainly don’t want to get denied for either regular disability or duty disability benefits based on what, in our opinion, is poor wording in the language of the statute.
  5. If your claim is denied by PERA, or if you get awarded regular disability benefits when you think you qualify for duty disability benefits, don’t blow the appeal deadline! Depending on the basis for the denial, if you do not appeal PERA's decision, you may be barred from applying again based on the same injury or condition. If you do appeal, you will have adequate time to put together the materials you need to dispute the determination. And don’t wait until the day your appeal is due to consult with an attorney! Don’t assume that PERA’s right if you are denied. We can advise you if you have a basis for an appeal.
We’ve represented many Minnesota police officers and firefighters in applying for PERA benefits, and in appealing adverse determinations. Here’s some examples of a few of our more recent successes:

  • A young police officer sustained a shoulder injury several years ago while performing defensive tactics training. He had four surgeries to correct the problem with his shoulder, but kept going back to work. Last year, he seriously re-injured his shoulder while performing CPR, and underwent two more shoulder surgeries. Six shoulder surgeries later, and looking at a total shoulder replacement before age 40, his doctors finally convinced him that he can no longer perform the duties of a police officer. We completed his application for PERA duty disability benefits, which was approved within a matter of weeks, and he was also awarded healthcare continuation coverage under §299A.465.
  • A firefighter was at the scene of a major traffic accident on a Minnesota interstate. He parked a firetruck to block traffic because of the extremely icy conditions. As he was getting out of the rig, he slipped on the icy running board, and got hung up on the door handle, jerking his shoulder. After numerous conservative treatments failed, his doctors ultimately told him he could not continue working as a firefighter. This firefighter was over the age of 55, and had more than 20 years of service, so he was not eligible for duty disability benefits. He was, however, eligible for healthcare continuation under §299A.465, which we applied for and secured on his behalf.
  • A firefighter sustained a low back injury while performing CPR on a patient for an extended period of time. while his doctors determined that he was not a candidate for surgery, they ultimately concluded that he could not continue to safely perform the duties of a firefighter. We completed his application for PERA duty disability benefits, for which he was approved, and we also secured healthcare continuation benefits on his behalf.
  • A young firefighter injured her back while carrying a piece of equipment about four years ago, and suffered a severe flare up about a year and a half ago. She was placed under restrictions and was forced to resign when the fire department had no light duty available. She applied for disability benefits, but was denied because all three doctors reports she submitted indicated that she would NOT be disabled as a firefighter for a period of at least a year. We appealed because it was clear that her doctors didn’t fully understand the forms they completed for her. She underwent an FCE that showed that she was not physically capable of performing the duties of a firefighter, her doctors completed new forms indicating that she was disabled from performing the duties of a firefighter for a period of one year, and one of her doctors wrote a detailed expert opinion about the causes of her condition. We submitted this additional evidence and requested an administrative hearing, but PERA reversed its decision, awarding her PERA regular disability benefits, based on the additional evidence we secured and submitted on her behalf.
If you’re considering applying for PERA or MSRS disability benefits, it’s wise to consult with an attorney. For folks that find us on the internet, we offer a free, no-obligation consultation. Make sure you let us know you found us online. If we don’t think you have a claim, we’ll tell you. If we think you have a claim, but see some potential issues, we’ll tell you what they are. If you have a slam dunk case, we’ll tell you so, and you can decide whether or not you need our assistance in applying. If you don’t want to deal with the headache, or are concerned about putting together all of the information you need, we can complete your application for you. If you simply want to learn about disability benefits as a “back-up” plan, we’re happy to discuss your options with you.

Contact Jen Yackley or Ron Meuser at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.
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