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We've Moved!

MeuserLaw's legal blogs have moved!

For a huge database of articles covering workers' compensation, PERA duty disability, MSRS duty disability, and personal injury, check out MeuserLaw's article library.

And, for Minnesota's Police Officers, Firefighters, and Corrections Officers, Meuser Law Office has started a brand new blog called "In the Line of Duty." 

"In the Line of Duty," which is proudly hosted by Meuser Law Office, P.A., consists of articles and resources that discuss the specific and unique needs of injured Minnesota Police Officers, Firefighters, and Corrections Officers who are trying to navigate the complex legal system following an in-the-line-of-duty injury.

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 Work Comp Court of Appeals Win Secured by Meuser & Associate

We recently received the MN Work Comp Court of Appeals decision on a hard-fought case involving a Minnesota metro firefighter. The self-insured employer mounted a very aggressive defense on his case. We won over $100,000.00 on behalf of our client as the result of a hearing held in March 2012. The self-insured employer then appealed the decision. Oral arguments at the Court of Appeals were heard in October 2012, and the Minnesota Workers' Compensation Court of Appeals issued its decision affirming the decision of the lower court in January 2013. You can read the entire decision in Vanderbeek vs. City of St. Paul.

This case involved a variety of complex issues, including:

1) credibility issues,
2) whether the employee retired from the labor market,
3) whether the employee was entitled to permanent partial disability,
4) whether the employee was required to conduct job search to establish his eligibility for temporary partial disability benefits, and
5) whether his back condition was related to his work injury or a pre-existing condition.

Meuser & Associate proudly represents injured firefighters throughout the state of Minnesota for workers' compensation and PERA duty disability claims. Sometimes, employers pay injured firefighters the workers' compensation benefits they are owed, and sometimes they don't. In our opinion, the self-insured employer in this case should have paid benefits from day one, but it took a trial, and a Court of Appeals decision to get this injured firefighter the benefits he was owed.

For a free, no-obligation consultation, contact 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. 

PERA and Choosing the Right MN Workers' Compensation Lawyer

If you are a Minnesota police officer or firefighter and you've sustained a serious on-the-job injury, you may be eligible for PERA disability benefits and/or health care continuation benefits, in addition to your workers' compensation benefits. PERA benefits and health care continuation benefits can be worth several hundreds thousand dollars.  A Minnesota workers' compensation lawyer who also handles PERA disability claims can help you protect your rights.  


Choosing the right Minnesota workers' compensation lawyer is an important decision, especially for injured police officers and firefighters. If your workers' compensation lawyer can't or won't help you with your PERA claims, it's a good idea to consult with a lawyer who can and will handle PERA claims.

We occasionally take calls from and meet with people who are not happy with how things are being handled by their Minnesota workers’ compensation lawyer. Ron and I are happy to evaluate your situation, and give you our recommendations. We will give you an honest assessment as to whether or not your attorney is handling things appropriately. If it looks like things are headed in the right direction, we’ll tell you so. If it looks like things are not moving along as they should be, we’ll tell you so. Sometimes it makes sense to switch attorneys, and sometimes it doesn’t make sense. There is nothing wrong with getting a “second opinion” if you feel your case is not being handled appropriately. You always have the right to change workers’ compensation lawyers, at no additional cost to you. 

One thing we’ve seen a lot recently, however, is police officers and firefighters with workers’ compensation claims, who are represented by otherwise competent workers’ compensation lawyers, who are being given poor advice regarding their claims for PERA disability benefits. Some people are being told not to file for PERA or to wait an excessive length of time, they’re told that their lawyer doesn’t practice in that area, so they can’t give them any guidance, or their workers’ compensation claims are being handled in a way that jeopardizes their PERA claims.

Over the last several years, our firm has handled workers’ compensation claims on behalf of dozens and dozens of Minnesota police officers and firefighters. Over time, we realized that if you are handling these types of cases, you absolutely have to know what you’re doing when it comes to PERA. As a workers’ compensation lawyer, telling your police and fire clients that you don’t handle PERA claims is really doing those clients an expensive disservice by not expeditiously helping them get these benefits. Even worse, if you don’t have a good grasp of some of the complexities surrounding PERA disability benefits, you can mess up their claims, which can literally cost your police and fire clients hundreds of thousands of dollars’ worth of benefits.  

If you are a Minnesota police officer or firefighter and you’ve sustained an on-the-job injury that jeopardizes your career, you should consult with a lawyer that practices BOTH workers’ compensation law AND PERA law. 

With rare exception, if you are a Minnesota police officer or firefighters who has sustained a career-ending in-the-line-of-duty injury, the value of your PERA disability benefits and healthcare continuation benefits substantially exceeds the value of your workers’ compensation claim. In my opinion, usually, your lawyer’s first priority should be evaluating your PERA disability claims.

My firm has recently taken over representation on a number of police officer and firefighter cases where their prior attorney dropped the ball on the PERA claims. On two cases, our client was told by their prior attorney that they don’t handle PERA claims, and couldn’t answer their questions. On one of those cases, the client’s PERA claim should have been filed at least six months before our involvement. On the other case, the client tried to file for PERA on her own, and made mistakes that took a hearing to sort out, and almost cost her hundreds of thousands of dollars. On yet another case, our client was told by her prior lawyer NOT to file for PERA. Her claim should have been filed months ago. On another case, the client’s prior workers’ compensation lawyer was pursuing a strategy that would have netted him a few thousand extra dollars on his workers’ compensation case, but would have cost him in excess of a hundred thousand dollars on his PERA duty disability and healthcare continuation claims.

I’m not fond of criticizing how other Minnesota workers’ compensation lawyers handle claims, and we’re not in the business of “stealing” cases from other attorneys. That being said, I’m frustrated by how many police officers and firefighters with significant work-related injuries we’re hearing from lately where their PERA claims are not being properly handled.

We’re proud of the work we do for our Minnesota police officer and firefighter clients. After successfully handling dozens of PERA police and fire disability claims, we know what we’re doing and we understand the nuances of these types of claims. 

As far as I’m aware, Meuser & Associate is one of the few law firms in state (if not the only law firm in the state) that also regularly handles PERA claims. If you’re an injured police officer or firefighter, from the time of your first consultation with a workers’ compensation lawyer, you should feel confident that your lawyer knows what they’re doing as it pertains to your claim for PERA benefits. This is a complex area of law with lots of nuances. Ask your lawyer how many PERA cases they’ve handled. Is he or she able to answer your specific questions? Can he or she give you an analysis as to whether or not you meet the PERA duty disability criteria?

Even if you are currently represented by another workers’ compensation lawyer, if you are a disabled Minnesota police officer or firefighter, we are always happy to provide you with a free, no-obligation consultation to discuss your potential PERA claims. 

For more information about PERA benefits, check out these other articles I've written:

• Does MN PERA Cover PTSD and Other Psychological Conditions?
• Minnesota Firefighter and Police Officer Disability Benefits
• MN PERA Police & Fire Plan Disability Benefits: Things You Should Know
• Applying for PERA Duty Disability Benefits: Five Easy Mistakes to Avoid
• Continuation of Healthcare Coverage Under Minn. Stat. 299A.465 When You're Over Age 55
• Minnesota Firefighters Injured in the Line of Duty
• Can I Receive Workers’ Compensation and PERA Duty Disability at the Same Time?
• Appealing a Minnesota PERA Disability Pension Decision 

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

Does MN PERA Cover PTSD and Other Psychological Conditions?

I spoke with a Minnesota police officer recently who asked me whether or not Post-Traumatic Stress Disorder (PTSD) was covered for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability Benefits. 

I explained that, yes, psychological conditions are specifically enumerated under the PERA Duty Disability statute, meaning that they are specifically covered. This police officer had been involved in some extremely high-stress incidents in the last few years, and had started to exhibit symptoms consistent with Post-Traumatic Stress Disorder (PTSD). His doctors are telling him that he can no longer work in law enforcement due to his condition. He was obviously concerned about what his options were in the event that he could not continue working as a police officer.

Interestingly, before calling me, he had talked to “some people” who told him that psychological conditions weren’t covered by PERA. First off, I’m glad he called. If he had relied on what “some people” told him, he wouldn’t be aware that he’s eligible for 60% of his high-five salary, tax free, through age 55, plus continued health insurance through his employer. These benefits are potentially worth hundreds of thousands of dollars to him. 

Police officers and firefighters in Minnesota who are covered under the Public Employees Retirement Association (PERA) Police and Fire Plan are eligible for disability benefits in the event that they are unable to perform their normal duties. There are two basic types of disability benefits under the PERA Police and Fire Plan: Duty and Regular.

Duty disability benefits. Duty disability pays at a basic rate of 60% of police officer or firefighter’s average high-five. Qualification for duty disability also entitles a police officer or firefighter to continued health insurance under Minn. Stat. § 299A.465.

PERA duty disability is defined as follows:

"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. 

Regular disability benefits. Regular disability is paid at a base rate of 45% of a police officer or firefighter’s high-five salary. Individuals who qualify for regular disability are not eligible for health care continuation under Minn. Stat. § 299A.465.

PERA regular disability is defined as follows: 

"Regular 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 which results from a disease or an injury that arises from any activities while not at work, or while at work and performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the public employees police and fire plan. 

Unfortunately, police officers have a high incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing, dangerous, and traumatic situations. Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder.

If you’re a Minnesota police officer who is suffering from Post-Traumatic Stress Disorder as a result of experiencing traumatic incidents in the line of duty, and you cannot return to work in law enforcement due to your condition, you may be eligible for PERA duty disability benefits.

Don’t rely on “some people” to give you legal advice about your rights to hundreds of thousands of dollars’ worth of benefits PERA disability benefits. Speak with a PERA lawyer about your rights. There’s simply too much at stake to risk trying to figure it out on your own, or to risk depending on the advice of “some people.” 

Meuser & Associate has represented dozens of police officers and firefighters throughout the State of Minnesota in conjunction with claims for PERA disability benefits. We’ve also successfully secured PERA duty disability benefits on behalf of a number of police officers suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule an appointment with Jen or Ron.

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. 

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.

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.

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.

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

Jake sent me this Amercia's Most Wanted press release. Make sure to vote for him online every day beginning April 21st as America's Most Wanted All-Star!

Jake's story and his recovery are truly inspiring. Even more inspiring, however, is Jake's kindness and generosity. Despite the severity of his injuries, and his long road to recovery, Jake is using his experiences to help children who've sustained serious burn injuries.

Jake has advised us that if he is selected as America's Most Wanted All-Star, he intends to use the prize to help fund Firefighters for Healing, which helps financially disadvantaged children receive top-of-the-line medical care for burn injuries.

FirefightersforHealing.org is still under construction, but check back soon!

Check out Jake's contestant profile at America's Most Wanted or click here to learn more about  Jake's story.

Visit us at MeuserLaw.com!

New York City Fire Department and Marvel Unveil Fire Safety Comic Book

Fire commissioner Salvatore Cassano, Chief of Operations Robert Sweeny, Marvel Comics Editor Bill Rosemann, Hot Dog the FDNY Fire Safety Mascot, Captain America, and Spider-Man appeared at Midtown Comics in Manhattan on April 5, 2011 to announce the release of a new Marvel comic book featuring FDNY firefighters and Marvel superheroes including Captain America and Spider-Man fighting fires and villains, and sharing valuable lessons about fire safety.

Mr. Rosemann noted that “[s]ince the real heroes of New York are the firefighters, we knew we had to make this the best comic book ever.” According to Mr. Rosemann, “[t]his book is not only fun and entertaining, but you learn tips to keep you and your family safe if there’s a fire in your home."

The comic books are free and available at FDNY Fire Safety Education events and the FDNY Fire Zone in Rockefeller Center, while supplies last. You can also view the entire comic online at Marvel.

Visit us at MeuserLaw.com to learn about Minnesota workers’ compensation!

Jake LaFerriere: Why We Do What We Do

Why do we practice Minnesota workers’ compensation law? Because of people like Jake LaFerriere. It’s a privilege and an honor to work with and help people like him.

Jake LaFerriere, a Minneapolis Firefighter, responded to a residential structure fire on July 3, 2010. While Jake and his partner were conducting overhaul of the third story of the structure, looking for the source of the fire, a backdraft explosion suddenly blasted Jake across the room. To escape the fire and smoke, Jake jumped out of a third-story window, landing on the roof of the first floor porch. He sustained a broken ankle, torn ligaments in his knee, and third and fourth degree burns on his hands.

After months of recovery and physical therapy, Jake is back at work in a light duty capacity and he looks forward to returning to firefighting.

Watch Jake’s recent interview on WCCO Channel 4 and read his story here.

You can also read an interview Jake did with Fox9 here.

Jake was also interviewed by Weasel, Josh, & Nick on the 93X Half-Assed Morning Show, which you can download and listen to by clicking here.

Jake is truly an inspirational guy, and we’re not alone in thinking so. Jake was nominated by his mom as one of “America’s Most Wanted All-Stars,” a program run by the makers of “America’s Most Wanted,” the crime series, to honor America’s most inspirational first responders, and he was selected as a finalist!

America’s Most Wanted All-Stars will select a total of eight finalists, and voters will select the winner. In addition to the huge honor of being selected as “America’s Most Wanted All-Star,” the winner will receive $10,000.00 and a trip to the NASCAR SPRINT Cup Series All-Star Challenge.

Jake's story was featured on America's Most Wanted on Fox on April 1, 2011. Click the video to below to watch the clip from America's Most Wanted.

Beginning April 21, go vote for Jake for “America’s Most Wanted All-Star!” You can vote once per day, per email address, through May 8^th! Click here to view Jake's profile and to vote for him!

Stay tuned for more news about Jake and for updates on his participation in America's Most Wanted All-Stars!

To learn more about Minnesota workers' compensation, visit us at MeuserLaw.com!

Fallen Firefighters Honored on Sunday, October 3, 2010 with Half-Staff Flags

Yesterday, October 3, 2010, State and U.S. flags flew at half-staff at all public buildings in Minnesota in honor of firefighters who were killed or disabled in the line of duty.

A 2001 federal law memorializes fallen firefighters, and this day is celebrated on the first Sunday of October each year in Minnesota.

On average, 100 firefighters are killed in the line of duty in the United States each year. Since 1881, 187 Minnesota firefighters have been killed in the line of duty.On Sunday, the National Fallen Firefighters Memorial Services was held in Emmitsburg, Maryland.

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

According to the CDC, the most common cause of firefighter fatalities is sudden cardiac death. The report notes that coronary artery disease in fire fighters is due to a combination of personal and workplace factors. The personal factors are well known: age, gender, family history, diabetes mellitus, hypertension, smoking, high blood cholesterol, obesity, and lack of exercise. Not as widely known, however, is that fire fighters have exposures to workplace factors that are associated with adverse cardiovascular outcomes such as exposure to fire smoke (notably carbon monoxide, hydrogen cyanide, and particulates), heat stress, noise, and shift work.

The Minnesota legislature recognizes the increased risk of heart conditions for firefighters. Minn.Stat. §176.011, Subd. 15(b) provides a statutory presumption of work-relatedness for firefighters who suffer heart attacks. This means that when an active duty firefighter 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.

In addition to Minnesota workers’ compensation benefits, Minnesota firefighters injured in the line of duty may also be entitled to PERA Duty Disability benefits. Families of firefighters killed in the line of duty may be entitled to Minnesota workers’ compensation death and dependency benefits, in addition to other PERA death and dependency benefits.

For a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights and your entitlement to PERA duty disability benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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.

Explosion and Fires at Black Dog Plant in Burnsville, MN Injures Three Firefighters

Firefighters from three departments responded to a call at the Black Dog Power Plant in Burnsville at about 7:30 this morning when workers discovered a fire in a coal bin. Just after 8:00 a.m., there was an explosion that blew off the side of one of the plant’s buildings.

KSTP reports that no Xcel Energy workers were injured, but three firefighters suffered minor injuries while fighting the fire.

Obviously, any of the firefighters injured while fighting this fire are entitled to workers’ compensation for their injuries. I’m just grateful to read that no one was seriously injured or killed. It doesn’t appear that the cause of the fire and explosion has been made public yet.

The dangers associated with fires and explosions are tremendous. According to the Bureau of Labor fires and explosions accounted for 3% of workplace fatalities in 2007.

More than half of the electricity generated in the United States comes from coal. For the foreseeable future, coal will continue to be the dominant fuel used for electric power production.

Coal-based energy production poses specific dangers to workers, specifically the risk of coal dust explosion. Particle sizes of coal which can fuel a propagating explosion occur within thermal dryers, cyclones, baghouses, pulverized-fuel systems, grinding mills, and other process or conveyance equipment.

If you or a loved one sustained injuries as the result of a power plant fire or explosion in Minnesota, you may be entitled to workers’ compensation benefits. For a free, no-obligation consultation to learn about your rights, contact us at Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

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.

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.

Visit us at MeuserLaw.com!