PERA Police and Fire Plan Duty Disability Age and Service Limitations

I met with a firefighter recently who had just had her 55th birthday. Over the last few years, she had been having increasing difficulty performing her normal firefighting duties due to the worsening effects of several on-duty injuries she had sustained over the years. Even though her injuries, in my opinion, clearly meet the PERA Police and Fire Plan Duty Disability requirements, because she was over the age of 55, and had in excess of 20 years of PERA-covered service, she will not be eligible for Duty Disability benefits.

PERA Police and Fire Plan Duty Disability benefits are tax-free disability benefits, payable at a base rate of 60% of a disabled firefighter or police officer’s average high five salary for five years, or through age 55, whichever is longer. PERA Police and Fire Regular Disability benefits are disability benefits payable at a base rate of 45% of a disabled firefighter or police officer’s average high five salary for five years, or though age 55, whichever is longer.

Among other requirements and limitations, Minnesota police officers and firefighters, who have more than 20 years of service must apply for Duty Disability benefits before age 55. Police officers and firefighters who have more than 15 years of service must apply for Regular Disability benefits before age 55. In other words, a police officer or firefighter who is over the age of 55 can still apply for Duty Disability if he or she has less than 20 years of service, or Regular Disability if he or she has less than 15 years of service.

After age 55, in most cases, the actual amount of the benefit for PERA Duty Disability benefits and a regular PERA Retirement pension is the same. However, Duty Disability benefits are non-taxable, while Retirement benefits are taxable. The tax advantages of a Duty Disability benefit versus a Retirement benefit can be worth tens of thousands of dollars over the course of several years.

Minnesota Police Officers and Firefighters who are ineligible for Duty Disability benefits due to the age and service limitation requirements, are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. § 299A.465, if they otherwise meet the duty disability criterion. This benefit requires that the employer continue health insurance coverage for the disabled police officer or firefighter through age 65. In other words, even if you can’t apply for a Duty Disability benefit because you’re over age 55, you may still be eligible Continuation of Health Insurance Coverage.

In the case of the firefighter I mentioned above, ultimately I believe we'll be able to assist her in procuring Health Care Continuation benefits, in addition to workers' compensation benefits, even though she cannot apply for PERA Duty Disability benefits. 

The moral of the story is, if you are a Minnesota police officer or firefighter and you are considering retiring from service due to the effects of an in-the-line-of-duty injury, don’t wait until you hit age 55 to evaluate your potential PERA Duty Disability claim! 

Meuser & Associate proudly represents dozens of police officers and firefighters throughout the state of Minnesota. We’ve successfully procured PERA Duty Disability benefits and Continuation of Health Insurance Coverage benefits for dozens of police officers, corrections officers, and firefighters.

Here are a few examples of our recent successes:

• We secured Permanent and Total PERA Duty Disability benefits and Continuation of Health Insurance Coverage benefits on behalf of a firefighter who was over the age of 55, but had less than 20 years of service, after he sustained a career-ending low back injury. 
• We were awarded Duty Disability benefits and Continuation of Health Insurance Coverage benefits for a firefighter who sustained a low back injury which required surgery. We also secured a large workers’ compensation settlement on his behalf. 
• We were able to secure an award of PERA Duty Disability Benefits and Continuation of Health Insurance benefits for a police officer who was over the age of 55, but had less than 20 years of service, when he sustained disabling knee injuries while attempting to stop a fleeing suspect.
• We were awarded PERA Duty Disability Benefits and Continuation of Health Insurance Benefits on behalf of a disabled police officer who injured her back when she was involved in a motor vehicle collision while responding to a call for back up for a police pursuit. 
• We secured Duty Disability Benefits and Continued Health Insurance benefits on behalf of a police officer who had developed post-traumatic stress disorder as the result of his involvement in several shooting incidents. 

PERA Duty Disability and Health Care Continuation benefits can be worth hundreds of thousands of dollars. If you are a Minnesota police officer or firefighter, and you are concerned about your ability to continue doing your job because of the effects of a work-related injury, you should strongly consider consulting with a PERA disability lawyer to learn more about your options and your rights. A mistake can literally cost you hundreds of thousands of dollars. Click here to learn more about PERA Duty Disability benefits.

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

MN PERA Duty Disability Application Tips

Police Officers and Firefighters in the state of Minnesota are generally covered for disability and retirement benefits under the Public Employees Retirement Association (PERA) Police and Fire Plan. 

 Minnesota firefighters or police officers who sustain injuries in the line of duty are generally eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

A firefighter or police officer may also be eligible for PERA duty disability if his or her injury results in a disability that is expected to prevent that individual from performing his or her normal duties for a period of at least year, and that the disability is the direct result of an injury sustained during the performance of duties that are 1) specific to protecting safety or property, and that 2) present inherent dangers specific to police officers or firefighters.

PERA Police and Fire Duty Disability benefits provide a monthly benefit at a base rate of 60% of the police officer or firefighter’s average high-five salary, until age 55 or for 5 years, whichever is longer. Duty disability benefits are non-taxable until age 55, and duty disability beneficiaries are also eligible for continued health insurance benefits in accordance with Minnesota Statute § 299A.465.

Unfortunately, applying for PERA duty disability benefits is not always as simple and straightforward as it should be. Making mistakes during the application process can result in substantial delays in your receipt of benefits, or it can even end up costing you thousands of dollars’ worth of benefits.

It's a lot cheaper and faster to get your application right the first time, rather than having to appeal an adverse determination to get the benefits you're entitled to. If you’re applying for PERA duty disability benefits on your own, here are some tips to increase your chances of success:

1. Read the legal requirements, set forth in Minn. Stat. §353.656, Subd. 1, Minn. Stat. §353.01, Subd. 41, and Minn. Stat. §353.031, and make sure you understand exactly what you have to show to PERA in order to qualify for benefits. Keep these requirements in mind when you’re completing the application and providing supporting documentation. 
2. If you are over the age of 50, and you have an injury or disability that may prevent you from returning to full duty, or may end your career early, evaluate whether you may be eligible for duty disability benefits. You cannot apply for PERA duty disability benefits if you are over the age of 55 and have in excess of 20 years of service. 
3. Make sure you know what kind of doctors you need to complete your medical reports, and how many reports you need. Make sure you know what those reports need to say in order to support your application. 
4. If your injury occurred more than two years prior to your application for duty disability benefits, you will need to show proof that you cannot perform the duties you were expected to perform in the 90 days preceding your application. 
5. You must submit your application for PERA duty disability within 18 months of terminating public service. Don't wait too long to apply! 

Meuser & Associate has proudly represented dozens and dozens of police officers and firefighters all over the state of Minnesota in conjunction with their claims for duty disability benefits. If you are an injured firefighter or police officer in the state of Minnesota, we strongly encourage you to schedule a free, no-obligation consultation to learn more about the benefits you may be eligible for, including workers’ compensation benefits, PERA disability benefits, and/or continuation of health insurance benefits.

Here are some examples of our recent PERA duty disability successes:

• We secured PERA duty disability benefits for a police officer who developed post-traumatic stress disorder as a result of his involvement in number of extremely traumatic events. His application was originally denied, and after we put together substantial medical evidence in support of his claim, PERA reversed its determination on appeal, awarding him duty disability benefits. 
• We secured MSRS duty disability benefits on behalf of a Minnesota State Conservation Officer for injuries to his neck, elbow, shoulder, and back that he sustained during a motor vehicle collision while he worked for the State Patrol several years earlier. He was also awarded continued health insurance benefits. 
• We secured PERA duty disability benefits for a firefighter who sustained a stroke while at the scene of a house fire. 
• We secured an award of PERA duty disability benefits and continued health insurance benefits on behalf of a firefighter who sustained a back injury during the course of a warehouse fire. His application was initially denied, and after a hearing before an administrative law judge, PERA reversed its determination and awarded him duty disability benefits. 

 Read more about applying for PERA duty disability benefits.

To schedule a free, no-obligation legal consultation with Jen or Ron to learn more about your eligibility for Minnesota workers’ compensation benefits and PERA duty disability benefits, call us at 877-746-5680 or click here to send us an email. 

Social Security and Minnesota Workers' Comp

Individuals who sustain on-the-job injuries in Minnesota are generally eligible for various workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits. If an individual’s injury is severe and prevents that individual from working for an extended period of time, he or she may also be eligible for Social Security Disability or Social Security Supplemental Insurance. 

At Meuser & Associate, we evaluate every workers’ compensation case to determine if there are additional benefits available to that injured worker, including social security benefits. My colleague, Jason Emery of Greeman Toomey PLLC has been kind enough to write a guest article for this blog providing some information about the types of Social Security benefits available and what it takes to qualify for those benefits.

"The Social Security disability process exists in order to provide assistance to individuals who are unable to work due to a physical or mental impairment or a combination of both. 

The Social Security Administration defines disability (for adults) as “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 

In other words, if you have been unable to work for at least 12 months due to a severe impairment, or expect to be unable to work for 12 months, you may be eligible to receive benefits. 

There are several different programs available to individuals who qualify. The two primary types of programs people qualify for are Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). 

Individuals who have paid into Social Security through taxes in the past may qualify for Disability Insurance Benefits if they have paid FICA taxes for at least five out of the last ten years. The amount an individual will be entitled to under this program will be determined by how much an individual has paid into the system. The Social Security Administration typically mails taxpayers a statement every year around their birthdays indicating how much they would receive if they were to be found disabled. 

Supplemental Security Income benefits are available to individuals who lack significant resources. Typically, an individual who is applying for SSI benefits cannot have more than $2,000 in resources and a couple cannot have resources in excess of $3,000 if one of the partners is applying for SSI benefits. The Social Security Administration will consider things such as cash, bank accounts, stocks, U.S. savings bonds, land, life insurance, personal property, vehicles and anything else which could be changed to cash in determining a person’s or a couple’s resources. The maximum monthly payment for SSI benefits in 2012 is $698 for an individual or $1,048 for a married couple (who are both found to be disabled). 

An individual can file applications for both Disability Insurance Benefits and Supplemental Security Income at the same time. This is called filing “concurrent” applications. The standard, or definition, for disability under both programs is identical. If an individual is found to be medically disabled under one program, he or she will be found disabled under the other program as well. However, a person generally cannot receive Disability Insurance Benefits and Supplemental Security Income for the same time period. Rather, the Social Security Administration will determine which amount is greater and issue that payment. 

The date an individual applies for Social Security disability has a significant impact on the amount he or she may be entitled to. Disability Insurance Benefits may be paid retroactively up to a year before an individual files an application. Supplemental Security Income benefits can only be paid as of the date of the application, regardless of when it is determined a person became disabled. Therefore, it is very important to file an application as soon as possible if an individual feels he or she may not be able to work for at least 12 months. 

To schedule a free initial consultation or ask about the Social Security disability process, feel free to contact attorney Jason R. Emery at Greeman Toomey PLLC at 1-877-332-3252 or by emailing jason@greemantoomey.com."

For a free, no-obligation legal consultation regarding your Minnesota workers' compensation rights, call Meuser & Associate at  877-746-5680 or click here to send us an email. 

 

Does Workers’ Compensation Affect My Social Security Disability Income (SSDI) Benefits?

Under the Social Security rules, the total amount of your workers’ compensation benefits and social security benefits cannot exceed eighty percent (80%) of your average monthly earnings before you became disabled.

If your combined benefits exceed 80% of your pre-disability average monthly earnings, your social security benefits likely will be reduced. Minnesota workers’ compensation wage loss benefits are paid at a rate of 2/3 or 66.6% of your average weekly wage (AWW) at the time of your injury. For most people receiving both workers’ compensation and Social Security Disability Income (SSDI) benefits, your social security benefits will be reduced, but not entirely offset.

When a workers’ compensation case is settled, we usually incorporate what we refer to as “Social Security” language into the Stipulation for Settlement, or the document that sets forth the terms of the settlement. In essence, this language prorates the lump sum settlement over the employee’s life expectancy. In determining whether and to what extent any offset is applicable, the Social Security Administration utilizes the prorated figures set forth in the language of the Stipulation for Settlement.

For example, assume we have a 55 year old male, born on January 1, 1956, that has settled his Minnesota workers’ compensation case for a lump sum of $35,000.00 for a close out of indemnity (monetary) benefits. According to the social security life expectancy tables, this gentleman has a life expectancy of 24.87 years, or 298.44 months.

In this case, the "Social Security" language would look something like this:

Of the $35,000.00 settlement amount, the sum of $7,200.00 is to be paid to the claimant’s attorney as fees. The claimant is currently 55 years old, having been born on January 1, 2956, and has a life expectancy of 24.87 years, or 298.44 months. The balance of $27,800.00 shall be paid to the claimant and shall represent a compromise payment of weekly indemnity benefits over the projected term of the claimant’s life expectancy of 298.44 months at the rate of $93.15 per month, or $23.29 per week. 

The advantage to incorporating this language is that the lump sum payment is stretched out over a longer period of time than most employees would be actually entitled to payment of benefits. By prorating the lump sum payment, or stretching it out over an employee’s lifetime, it minimizes any applicable Social Security offsets for the simultaneous receipt of Minnesota workers’ compensation benefits.

Individuals who are eligible for Social Security Disability Income (SSDI) benefits as the result of a work-related injury are also typically eligible for Minnesota workers’ compensation benefits. If you’re receiving SSDI benefits as a result of a disabling injury you received on the job, or if you’re currently receiving both SSDI benefits and workers’ compensation benefits, contact Meuser & Associate for a free, no-obligation case consultation. Call us at 877-746-5680, or click here to send us an email.

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.

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.

Continuation of Healthcare Coverage Under Minn. Statute. 299A.465 When You're Over Age 55

Minnesota firefighters and police officers who are disabled in the line of duty may be entitled to duty disability pension benefits under PERA. 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 entitled to these benefits.

In addition, under Minn. Stat. §299A.465, if you qualify for duty disability benefits, you also qualify for continued health insurance through your employer. This means that your employer is responsible for continued payment for your insurance coverage. Obviously, this is a huge benefit, the value of which can exceed tens of thousands of dollars over the course of several years.

Unfortunately, if a PERA member becomes disabled after reaching age 55, he or she is not eligible for duty disability benefits. However, firefighters or police officers who meet the definition of duty disability, but don’t qualify for duty disability benefits because they’ve reached age 55 are still eligible for continued healthcare coverage under Minn. Stat. Sec. 299A.465.

If you’re a Minnesota firefighter or police officer who is disqualified from receiving PERA duty disability benefits because you’ve reached age 55, it is worth submitting an application to PERA for a determination as to whether you qualify for continuation of healthcare coverage under Minn. Stat. §299A.465. Continued employer contributions toward your health insurance until age 65 is worth tens of thousands of dollars, if not more.

Meuser & Associates has represented dozens of police officers and firefighters from all over the state of Minnesota for workers’ compensation claims, and we have helped dozens of police officers and firefighters complete applications for PERA duty disability benefits, appeal unfavorable determinations, and apply for continued healthcare coverage under §299A.465. In fact, Meuser & Associates successfully represented four police officers and firefighters at the Minnesota Court of Appeals regarding disputes over continuation of healthcare coverage.

For a FREE, no-obligation consultation regarding your entitlement to PERA duty disability benefits and/or continuation of healthcare insurance under §299A.465, contact Meuser & Associates at 877-746-5680 or click here to send us an email to speak with Ron or Jen.

Minnesota Firefighters Injured in the Line of Duty

On the 9th anniversary of 9/11, I want to take a moment to thank our Minnesota firefighters for the work they do to protect the citizens of Minnesota. On 9/11, at least 343 firefighters and paramedics died while attempting to rescue the victims in the Twin Towers.

It goes without saying that firefighting is a dangerous job. Every day, Minnesota firefighters put themselves in harms way to protect our safety and property. Since 1881, almost 200 Minnesota firefighters have been killed in the line of duty. Thousands and thousands more have been injured in the line of duty.

Common firefighter injuries include:

Sprains or strains
Injuries from falling objects
Cuts and lacerations
Thermal burns
Exhaustion or fatigue
Smoke Inhalation
Contusion
Puncture wounds
Heart attacks or cardiac symptoms
Eye Trauma
Abrasions
Fractures
Dehydration
Dizziness or fainting
Electric shock
Crush injuries
Slip and falls and trip and falls
Falls from heights
Traffic accidents

These types of injuries can occur during fire suppression, hose line handling, using hand tools, forcible entry, overhaul operations, ventilation, salvage operations, laying hose, moving tools or equipment, climbing ladders, raising ladders, searching for victims, rescuing victims, and operating fire engines.

Traffic accidents also pose a significant risk to firefighters. In fact, in the last decade, all five firefighter deaths involved an auto accident or a firefighter being struck by a vehicle.

In addition to injuries at fire scenes, firefighters also frequently sustain injuries performing EMS operations, fire station and equipment maintenance, driving, hazardous material handling, inspection, and office work.

Back injuries are the single most common and costly injury for firefighters, followed closely by injuries to necks, shoulders, and knees.

Firefighters who are injured on the job in Minnesota may entitled to a variety of workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits. Minnesota firefighters who become disabled from continuing to work as firefighters due to their injuries may also be entitled to PERA disability benefits.

It is a sad and unfortunate fact that Minnesota firefighters do sometimes lose their lives while protecting Minnesota citizens. There are a number of types of benefits available to the families of deceased firefighters, including workers’ compensation death and dependency benefits. There are also several additional types of benefits available, which you can learn more about at the National Fallen Firefighters Foundation.

I have a special respect and admiration for the men and women who serve our State as firefighters. My dad was a volunteer firefighter in my small hometown community for over 25 years. Meuser & Associates, P.A., has represented dozens of firefighters, including numerous St. Paul firefighters and Minneapolis firefighters, as well as firefighters from around the state. If you are a firefighter who has been injured in the line of duty, we are happy to provide you with a free, no-obligation consultation to discuss your rights under the Minnesota workers’ compensation law, as well as your rights under PERA. Contact us at 877-746-5680 or click here to send us an email to speak with one of our lawyers, Ron or Jen.

Visit us at MeuserLaw.com to learn more about Minnesota Workers' Compensation.

Continuation of Healthcare Coverage and Minnesota State Troopers

This article is a follow up to an article I wrote in February of 2009 regarding continued healthcare coverage for State Troopers under Minn.Stat. §299A.465.

All firefighters and police offices in the state of Minnesota are eligible for continued healthcare insurance coverage if they receive duty disability benefits as a result of an injury in the line of duty. Continued healthcare insurance coverage means that the employer must continue to pay the employer’s share of health insurance premiums. Given the skyrocketing cost of health care insurance, this benefit is worth thousands of dollars.

In July 2008, the Minnesota legislature revised Minnesota Statute §299A.465 to make the process more streamlined for disabled police officers and firefighters to receive continued healthcare benefits. Unfortunately, the Minnesota Legislature screwed up when it re-wrote the statute. They forgot to include members of the Minnesota State Patrol.

We represented a State Trooper who was disabled in the line of duty for his workers’ compensation case. He was approved for duty disability benefits under MSRS (Minnesota State Retirement System), but when he applied for continued healthcare coverage, he was informed that he wasn’t eligible for this benefit. We filed a lawsuit on his behalf against the State of Minnesota, arguing that State Troopers are in fact covered under Minn.Stat. §299A.465 and they are entitled to continued healthcare insurance, just like all other police officers in the state.

Shortly thereafter, due in part to our efforts, the Minnesota legislature revised the statute to include Minnesota State Troopers, who they had inadvertently left out in the 2008 version of the statute. In the meantime, however, our State Trooper client had to pay out of pocket for his healthcare insurance, and incurred additional expenses due to his high deductible. Recently, we reached a settlement with the State on behalf of our State Trooper client. The State agreed to reinstate his healthcare insurance coverage that he should have received as soon as his duty disability benefits were approved. They also agreed to reimburse him for the extra costs he incurred due to having to purchase his own healthcare insurance.

If you are a Minnesota State Trooper, or any police officer in the state of Minnesota, and you’ve sustained an injury on the job, contact Meuser & Associates, P.A., for a free, no-obligation consultation to find out what benefits you may be entitled to under workers’ compensation, PERA or MSRS duty disability, and continued healthcare coverage under Minn. Stat. §299A.465. Call Ron or Jen at 877-746-5680 to schedule a free consultation or click here to send us an email.

Visit our website at MeuserLaw.com!

Can I Receive Workers’ Compensation and PERA Duty Disability at the Same Time?

Yes! In most cases, you can receive PERA disability benefits and workers’ compensation benefits at the same time.

Police officers, firefighters, and other public employees who receive PERA disability pension benefits are usually also entitled to workers’ compensation benefits.

PERA allows a disabled firefighter or police officer to receive duty disability benefits plus workers' compensation wage loss benefits, up to a total of his or her salary at the time of the disability, or the current salary of the position, whichever is greater. PERA reduces the benefit amount dollar-for-dollar if a combination of the two benefits exceeds this limit.

If the disabled firefighter or police officer is able to work in a non-police-and-fire position, that individual can receive duty disability benefits plus re-employment earnings plus workers’ compensation wage loss benefits, up to a total of 125% his or her salary at the time of the disability or the current salary of the position. PERA reduces its benefit payment for $1 of each $3 earned in excess of those limitations.

If a firefighter, police officer, corrections officer, or other public employee sustains an injury or a combination of injuries that prevents that person from returning to his or her former career, he or she may be entitled to both workers’ compensation benefits and disability pension benefits under the Public Employees’ Retirement Association (PERA), the Minneapolis Firefighters Relief Association (MFRA), the Minneapolis Employees Retirement Fund (MERF), the Minnesota State Retirement System (MSRS), and any other local retirement association.

If you’re a firefighter, police officer, or corrections officer, and you sustained an injury in the course and scope of your duties that will keep you from returning to your former position for a period of at least a year, you should strongly consider applying for duty disability benefits.

Unfortunately, if you’re a member of PERA, MSRS, or any other local or state retirement association, you’re probably keenly aware of the fact that these pension funds are woefully under-funded. Because of this issue, in the past few years, the Minnesota legislature has drastically changed the requirements to qualify for duty disability benefits.

In years past, if you had a career-ending work-related injury, you would almost certainly qualify for duty disability benefits under PERA, any of the local relief associations, and under MSRS. Under the most recent law changes, however, you now need to show that 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. 41 (2009). The requirements for duty disability under the PERA corrections plan, MFRA, MSRS, and other local plans are virtually identical to the requirements under the police and fire plan.

In plain English, what this means is that a disabled police officer, firefighter, or corrections officer must now prove not only that the injury occurred in the line of duty, but that the injury occurred during the performance of duties that involve protecting property or safety, and that are inherently dangerous. What does that mean? In all honesty, no one is entirely certain. This version of the law hasn’t been around long enough for any cases to make their way through Minnesota’s higher courts.

What we can say is that in reviewing duty disability applications, PERA is taking a very strict reading of the statute, which basically means that they are frequently denying applicants who are injured performing duties that are not “hazardous” enough. Obviously, if you are shot by a suspect, or burned in a fire, those are hazardous duties. And, slipping and falling on a patch of ice on the way into work is probably not hazardous enough. But there’s a lot of room between those two extremes.

Here are some examples of police officers, firefighters, and corrections officers we’ve assisted with applications and appeals for PERA and MSRS duty disability benefits:

• A corrections officer suffered a torn rotator cuff in her shoulder while hanging up an evidence bag doing intake of an inmate. She was initially denied duty disability benefits. We appealed, and PERA reversed its decision and awarded her duty disability benefits.

• A firefighter injured a disc in her low back while lifting a heavy patient on a stretcher. She returned to work, but re-injured her back when she fell off a fire truck while doing inventory. PERA initially denied her application for duty disability benefits, but reversed its decision when we appealed and awarded her duty disability benefits.

• MSRS denied duty disability benefits to a corrections officer who developed Post-Traumatic Stress Disorder (PTSD) after witnessing a traumatic incident involving prisoners. We appealed, and MSRS reversed its decision and awarded her duty disability benefits.

• A firefighter suffered several knee injures over the years, the last of which was sustained while he was carrying heavy fans around at the scene of a fire. We completed his application for benefits, and PERA awarded him duty disability benefits.

So why does it matter? Under PERA, MSRS, and other relief associations, the rate of pay for duty disability benefits is significantly higher than “regular” disability benefits. Over the course of several years, this can add up to tens or hundreds of thousands of dollars. In addition, police officers and firefighters who are awarded duty disability benefits under PERA, MSRS, or a local plan are entitled to continuation of healthcare coverage, which means your employer continues to pay their share of your healthcare premiums. That’s a huge financial benefit!

At Meuser & Associate, we believe that the vast majority of duties performed by police officers, firefighters, and corrections officers are hazardous, and we’ve successfully represented a number of police officers, firefighters, and corrections officers in both their workers’ compensation cases and for PERA and MSRS duty disability applications and appeals.

It is important that your workers’ compensation lawyer is familiar with the duty disability laws under PERA, MSRS, and other local retirement associations, otherwise, you could be leaving thousands of dollars in benefits on the table.

When we meet with a new client who is a firefighter, police officer, or corrections officer, we evaluate not only their workers’ compensation case, but we also evaluate any potential claims for PERA or MSRS disability benefits. We will give you an honest assessment on the likelihood of succeeding both on your claim for workers’ compensation benefits and your claim for disability benefits.

At Meuser & Associate, when we evaluate your claim for duty disability benefits, we always give you the option of preparing the application on your own. We’re happy to provide you with guidance to give you the best chance of succeeding on your application, while allowing you to complete it on your own. Alternatively, we can prepare your application and all necessary documentation for you. If you’ve been denied, we can also assist you with an appeal. If you applied on your own and received notice that your application for duty disability benefits was denied, you need to act fast! There’s a very limited time within which to complete an appeal.

Meuser & Associate, P.A. provides assistance with disability pension benefits on an hourly fee basis. For a FREE consultation, click here to send us an email, or call us at 877-746-5680 to speak with attorneys Ron or Jen.

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Meuser & Associates, P.A., Wins at the Minnesota Court of Appeals

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.

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MN Firefighters and Police Officers and Work-Related Heart Attacks

Some occupations are more stressful than others, including the occupations of firefighter and police officer. Studies have shown that police officers are more susceptible to high blood pressure, heart disease, and heart attacks. The Minnesota Legislature has recognized the increased risks firefighters and police officers are exposed to in the course and scope of their job duties. As such, the legislature enacted Minn.Stat. 176.011, Subd. 15(b), which provides, in pertinent part:

If immediately preceding the date of disablement or death, an employee was employed on active duty with an organized fire or police department of any municipality, as a member of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee was given a thorough physical examination by a licensed doctor of medicine, and a written report thereof has been made and filed with such organized fire or police department, with the Minnesota State Patrol, conservation officer service, state crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's department of any county, which examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment.

What this means is that when an active duty firefighter, police officer, forest officer, correction officer, or sheriff suffers myocarditis, coronary sclerosis, or pneumonia, those diseases are presumed to be occupational diseases, so long as a pre-employment physical did not indicate any presence of those types of diseases.

Occupational diseases are covered under Minnesota Workers’ compensation, and victims of occupational diseases are eligible for medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

This statutory presumption, however, does not mean that the workers’ compensation insurance company will automatically admit liability when a firefighter or police officer has suffered a heart attack or other covered condition. In fact, in our experience, insurance companies tend to ignore the presumption all together. If they do recognize the presumption, the employer and/or insurer may still try to rebut the statutory presumption by arguing that the heart attack, myocarditis, coronary sclerosis, pneumonia, or myocardial infarction was caused by something other than work-related stress. Commonly they point to other factors, such as a history of smoking, poor diet, family history, non-work-related stressors, or obesity. If you’re a Minnesota firefighter, police officer, corrections officer, sheriff, or forest officer, and you've experienced a heart attack or other heart condition because of your work, you should consult an experienced workers’ compensation attorney to make sure you get the workers’ compensation benefits you are entitled to.

In addition to workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits, if the police officer or firefighter cannot return to his or her former occupation, there may be other benefits available. Additional benefits may include PERA, MFRA, or MSRS duty-disability pension benefits, and healthcare continuation benefits under Minn.Stat. 299A.465.

Meuser & Associates has successfully represented several police officers and firefighters who suffered work-related heart attacks in claims for workers’ compensation benefits, duty-disability benefits, and healthcare continuation benefits. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Minnesota State Highway Patrol and Continued Healthcare Coverage Under Minn.Stat. Sec. 299A.465

In July 2008, Minnesota Statute Sec. 299A.465, which provides continued healthcare insurance coverage for Minnesota firefighters or police officers who are disabled in the line of duty, was revised to streamline the process for procuring this benefit.

Under the old law, a disabled police officer or firefighter had to apply to a Panel for a determination of whether the firefighter’s or officer’s professional duties and responsibilities put the officer or firefighter at risk for the type of injury or illness actually sustained. Unfortunately, the Panel frequently erroneously denied benefits to applicants.

Under the new law, the Panel has been eliminated. Now, an individual who has been approved for PERA (Public Employees Retirement Association) duty disability benefits is supposed to be automatically approved for Continued Health Insurance Coverage. Members of local relief associations, such as the Minneapolis Firefighters Relief Association (MFRA) who are approved for a duty disability pension are directed to apply for a determination by the Executive Director of PERA for a determination as to their eligibility for continued health insurance coverage under Minnesota Statute §299A.465.

Almost as soon as the changes to the law went into effect, however, there were problems. We currently represent a gentleman who was a Minnesota State Highway Patrol Officer. As the result of an in-the-line-of-duty injury, he is unable to return to his job as a State Trooper. He was approved for a duty disability pension by the Minnesota State Retirement System (MSRS), but when he inquired about continued health insurance coverage under Minn. Stat. §299A.465, he was told that he was not eligible for this benefit. Unfortunately, the new version of the law does not specifically address members of MSRS, which includes Minnesota State Troopers, and it is apparently the position of the State of Minnesota that State Troopers are no longer entitled to this benefit.

We have commenced litigation on behalf of our client to obtain continued healthcare insurance coverage under Minn. Stat. Section 299A.465. Prior to the change in the law, Minnesota State Troopers were eligible for this benefit. Moreover, we feel that the legislature clearly did not intend to exclude the State Patrol from entitlement to a benefit that is available to all other police officers in the State of Minnesota.

If you are a Minnesota State Trooper who has been approved for MSRS duty disability benefits, but you have not received continued health care insurance under Minnesota Statute §299A.465, call us at 877-746-5680 or click here to email us here for a free consultation. Note that we provide services in conjunction with continued health care coverage on an hourly basis rather than on a contingency basis.

UPDATE: The Minnesota legislature has amended Minnesota Statute §299A.465 to specifically include Minnesota State Troopers. We recently obtained a settlement on behalf of a disabled Minnesota State Trooper who was improperly denied healthcare continuation coverage under the old version of the statute. The State agreed to reinstate his health insurance coverage and to reimburse him for the extra out-of-pocket expenses he incurred as a result of the State's refusal to continue his insurance.

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Unemployment and MN Workers' Compensation

If you are injured at work, you are fired or laid off, your doctor has released you to work with restrictions, and the insurance company denies your workers’ compensation claim, you may be able to apply for unemployment compensation.

You need to be aware, however, that you may not receive both workers’ compensation wage loss benefits and unemployment compensation for the same time periods. The idea is that you shouldn’t be able to “double-dip,” so to speak.

If you have received unemployment compensation benefits and you are subsequently awarded workers’ compensation wage loss benefits for the same periods, you are responsible for reimbursing the Department of Employment and Economic Development for the unemployment benefits you received.

This situation arises very frequently where the insurance company has denied benefits, or has terminated payment of wage loss benefits. If you have received unemployment compensation while you were unemployed following a work injury, we will put the Department of Employment and Economic Development on notice of their right to intervene when we initiate a claim on your behalf. If we are able to reach a settlement on your case, we will typically negotiate on your behalf with the Department of Employment and Economic Development to satisfy their subrogation interest.

Figuring out which benefits you are entitled to if you have a work-related injury, and how those benefits are coordinated can be very confusing. We can help. Call us at 877-746-5680 or click here to email us to schedule a free consultation with one of our workers' compensation lawyers.

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Appealing a Minnesota PERA Disability Pension Decision

We recently represented a woman who worked as a firefighter a workers’ compensation claim. She had injured her back on two occasions in the course and scope of her duties as a firefighter, and ultimately underwent two back surgeries. Her doctors concluded that she could no longer be a firefighter. Our client applied for Duty Disability benefits through PERA. She received a letter from PERA indicating that her application for Duty Disability was denied, but that she was approved for Regular Disability benefits. We appealed the decision on her behalf, and argued that not only were her injuries sustained in the course and scope of her employment as a firefighter, but that the duties she was performing at the time of the injuries were inherently dangerous and unique to the duties of a firefighter. Prior to the appeal hearing, PERA reversed its decision and awarded her Duty Disability benefits. In this case, we were able to obtain higher benefits for our client without the necessity of even proceeding to the appeals hearing.

In addition to workers’ compensation benefits, firefighters and police officers who are injured in the line of duty may be entitled to Duty Disability Benefits through the Public Employees Retirement Association (PERA).

In order to qualify for this benefit, you typically must be a Minnesota firefighter or police officer, covered under PERA’s Police and Fire Plan. You must have sustained an injury in the course and scope of your employment as a firefighter or police officer, and that injury must prevent you from returning to your employment as a firefighter or police officer for at least one year.

The Minnesota Statute setting forth the requirements to qualify for Duty Disability PERA benefits was recently amended to provide that:

"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and that 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.

What this means is that now a disabled police officer or firefighter must show that the injury must have arisen out of the performance of duties that are specific to protecting property and personal safety, and those duties present dangers that are specific to firefighters and police officers.

This change in the law is significant. Prior to the change, so long as the disabling injury was sustained in the course and scope of a firefighter or police officer’s employment, regardless of whether it was sustained in the performance of some “hazardous” activity, the police officer or firefighter qualified for a Duty Disability. Essentially, the change makes it much more difficult for a police officer or firefighter to obtain Duty Disability benefits.

So why does it matter whether you get Duty Disability benefits or Regular Disability benefits? Simply because Duty Disability benefits are greater than Regular Disability benefits. A Duty Disability pension is 60 percent 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 public service, you will receive an additional 3 percent of salary for every year beyond 20 years of service. Regular Disability pension is 45 percent of your salary, or the equivalent of 15 years of service.

So how does that look in numbers? Let’s assume you sustained a disabling injury in the course and scope of your employment as a Minnesota police officer or firefighter, and that you have 25 years of service. Let’s also assume that your average salary is $50,000.00.

Your Duty Disability benefits would be calculated as follows:

$50,0000.00 (x) 60% = $30,000.00 (Base duty disability pension)

Since you have over 20 years of service, the excess years are multiplied by 3%.

5 years (x) 3% = 15%

That additional percentage is multiplied by your average salary and added to your pension.

$50,000.00 (x) 15% = $7,500.00

$30,000.00 + $7,500.00 = $37,500.00 per year Duty Disability Pension

Under the same scenario, Regular Disability Pension would be calculated as follows:

$50,000.00 (x) 45% = $22,500.00 per year Regular Disability Pension

If you qualify for Total Permanent Disability Pension, which means that you are unable to procure any substantial gainful employment, and you have 20 years of service or more, the benefit amounts are the same. If you have less than 20 years of service, Duty Disability benefits are greater.

Once you have applied for PERA benefits, and they have issued a determination, you have a very limited time to appeal that decision if you disagree with the determination. As you can see from the benefit comparison, which disability benefit you receive can amount to a difference of thousands of dollars over the course of a year or more.

If you’ve applied for PERA benefits and disagree with the determination, call us today at 877-746-5680 or click here to schedule a free consultation. Note that our services for PERA appeals are provided on an hourly basis rather than on a contingency basis.

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