Clients frequently contact us and wonder if he or she is a candidate for retraining. Under Minnesota Statute §176.011, subdivision 17a, retraining is a workers’ compensation benefit that provides formal training in a school setting to injured workers in an effort to return injured workers back to suitable gainful employment. While available under the statute, retraining is rarely awarded in Minnesota and not every injured worker is eligible for retraining benefits.

A workers’ compensation judge evaluates each injured worker’s case under the “Poole factors” detailed below:

(1) the reasonableness of a retraining program in comparison to the employee finding another job through placement services with the assistance of a qualified rehabilitation consultant (QRC)

(2) the likelihood of the injured worker will succeed in a formal school setting, given his or her abilities and interests

(3) the likelihood that the injured worker will reasonably procure employment after the retraining program

(4) the likelihood that the retraining program will return the injured worker back to an economic status to which the injured worker had before the injury.

Poole v. Farmstead Food, 42 W.C.D. 970, 978 (1989).

A Qualified Rehabilitation Consultant (QRC) will first assist an injured worker in conducting a diligent job search and determine if a position can be found near the injured worker’s pre-injury wage in a field that the injury worker has the mental skills and physical ability to perform. If it is determined that it is unlikely without additional formal training that the employee will be able to find suitable employment the QRC may prepare a formal retraining proposal. This is another instance in which it’s important for the employee to choose the QRC and not the employer and insurer.

Retraining programs can include programs ranging from vocational technical certifications to a four-year bachelor’s degree. The cost of a proposed training program is weighed against the costs of the traditional approach to rehabilitation under the Minnesota Workers’ Compensation Act. During the retraining program the employee is also entitled to monetary compensation, which is the equivalent to temporary total disability benefits or 2/3 of the injured worker’s average weekly wage, nontaxable, or wages 26 weeks before the date of injury. Because this is a costly process the employer and insurer will not volunteer to start paying for a retraining program and the fight for a retraining program which can drag on for years.

Frequently our clients who are police officers or firefighters and are unable to return to work after a disabling injury inquire as to whether or not he or she would be able to receive retraining benefits. While the length of time the employee will be able to work in the future career is not a measurement to retraining, and PERA disability benefits are not considered in determining an employee’s eligibility for retraining assistance under Erickson v. City of St. Paul, it still may not be to the employee’s benefit to complete a retraining program. Slip. op. No. WC06-258 (W.C.C.A. Apr. 16, 2007). The offsets between PERA Duty Disability benefits and workers’ compensation are complicated and differ based on the employee’s work status. Sometimes it makes more sense financially for an injured worker to take a lump sum settlement and pursue school on his or her own and not under the Minnesota workers’ compensation system.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free no-obligation case evaluation and consultation by calling 1-877-746-5680.

The two primary tools to achieve a settlement in a workers’ compensation case are settlement conferences and mediations. Settlement conferences and mediations are effective tools that can help adverse parties reach a mutually-agreeable resolution. In recent years, a greater number of police officers, firefighters, and other first responders injured in the line of duty are using mediation to settle their claims.

This article discusses the differences between the two tools and which process may be more appropriate for your case.

SETTLEMENT CONFERENCES:

What?
A settlement conference is an informal opportunity for parties to attempt to resolve issues in dispute or the entire claim. In a settlement conference, a workers’ compensation judge serves as a neutral party to help the parties reach a settlement. The judge will hear both sides of the case and help the parties recognize the strengths and weaknesses of their respective claims and defenses. In doing so, the judge does not order the parties to agree to any specific terms nor does the judge make a decision on the merits of the case. A settlement conference is simply an opportunity for the parties to be in the same room with one another with the sole objective of resolving the issues in dispute or the claim as a whole.

Where?
Settlement conferences are held at the Office of Administrative Hearings in St. Paul. If the parties are unable to attend the settlement conference in person, the conference may also be scheduled by telephone.

When?
A settlement conference is scheduled to last one hour. This conference is automatically scheduled by the Office of Administrative Hearings four to six months after the Claim Petition or Medical Request is filed.

What should I expect?
A settlement conference is not appropriate in all cases. Many times, settlement conferences are “continued” or postponed to allow time for a pending surgery or ongoing medical treatment. It is also common for settlement conferences to be cancelled when the parties agree that there is no possibility of settlement. In this case, the parties will ask that the case be put on the trial calendar for a hearing. This happens frequently when the primary dispute is a proposed surgery or medical procedure because there is no real way to compromise. For example, the insurer will either pay for the employee to undergo a fusion surgery and the related care or it will refuse to pay for care.
Additionally, settlement conferences may not be appropriate in high value or complex cases. Settlement conferences are only an hour long and this may not provide the parties with enough time to work through all of the issues in dispute.

MEDIATIONS:

What?
Mediation is the more formal than a settlement conference and is typically used in complicated or high value cases. Mediation is always a voluntary process and one will not be automatically scheduled by the Office of Administrative Hearings. After choosing to mediate the claim, the involved parties will choose a mediator that is agreeable to both the employee and the employer. The mediator is typically an attorney or a judge who has many years of practice in the area of workers’ compensation.

Prior to the mediation, the employee’s attorney will submit a detailed case summary and “settlement demand” to the insurance company. This settlement demand is usually the starting offer by the employee during the mediation.

During the mediation, the parties will be in two separate rooms and the mediator will serve as the “go-between,” relaying the offers, counter-offers and respective positions of the parties. The mediator will only disclose information that he or she has been specifically authorized to disclose. In addition, if the parties are unable to reach a settlement, the offers back and forth between the parties will be kept strictly confidential and are not admissible at hearing.

Where?
The mediation may take place at the mediator’s office, at one of the attorneys’ offices or at a neutral site. In most cases the mediation will occur at the office of the employee’s attorney, the Department of Labor and Industry or the Office of Administrative Hearings.

When?
A mediation can be scheduled at any point so long as all parties agree to participate; however, parties typically schedule mediations after discovery has been completed and the case is proceeding toward a formal hearing.

What should I expect?
Most mediations are scheduled to last three hours; however, this may vary depending on the complexity of the issues and the value of the case. Even if a settlement is not ultimately reached during mediation, the process is still often helpful. Many times, it’s a good way to find out to how each party is evaluating the case, both in terms of value and in terms of liability.

Don’t wait to get an attorney involved if you are an injured police officer or firefighter and have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation by calling our office at 1-877-746-5680. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way.

Unfortunately, police officers are often injured when interacting with members of the public. According to the National Law Enforcement Officers Memorial Fund on average, police officers across the country suffer 15,404 injuries per year. Police officers and deputy sheriffs are often aware that they may be entitled to workers’ compensation benefits but in certain circumstances he or she may also be able to recover against the suspect as well.

First, if you were injured in the course and scope of your employment you would be entitled to workers’ compensation benefits. Workers’ compensation benefits include: certain limited wage loss benefits, medical benefits, and rehabilitation benefits. The city or county provide these benefits through their workers’ compensation insurance carrier. Many cities and counties are self-insured to some extent and will commonly use a third-party administrator to handle the claim. Workers’ compensation is governed by administrative law and in the state of Minnesota is organized under the Minnesota Workers’ Compensation Act.

Next, if you were injured by a suspect, you were almost certainly conducting inherently dangerous duties specific to police officers or deputy sheriffs, which may entitle you to PERA Duty Disability benefits if you are unable to return to work as a police officer for a period of at least one year. PERA Duty Disability benefits are a non-taxable benefit up till age 55, at which time it converts into a regular retirement benefit. If you meet the requirements of PERA Duty Disability benefits then you may also be eligible for the continuation of health care under Minnesota Statute § 299A.465. The continuation of health care provides for health care coverage for you and your family until age 65 as if you were still employed by the city or county.

Workers’ compensation is an exclusive remedy, which means that you cannot bring a civil suit against your employer if you were injured in the course and scope of your employment. Even if your employer’s negligence caused your injury, you still cannot sue your employer or an agent of your employer. But, if a third-party, meaning someone other than your employer, is at fault then you can bring a civil suit against the third-party.

So, if you are a police officer or a deputy sheriff injured while attempting to arrest a fleeing suspect and the suspect caused your injury then you may recover against him or her. However, the person could be “judgment proof” meaning there’s no money from which to recover even if you were to win your suit in court. While intentional acts or torts are included by insurance policies, if the person’s negligent acts injured the police officer or deputy sheriff, you may be able to recover against the homeowner’s insurance policy, if available. Damages in cases where the police officer is no longer able to return to work in the same capacity can be very high.

At Meuser Law Office, P.A. we have successfully represented police officers and deputy sheriffs against negligent third-parties in civil personal injury cases who have attempted to flee or resist arrest and even more commonly in cases where the officer was injured in a car accident while on duty, in these same cases we have also successfully procured PERA Duty Disability benefits, Health Care Continuation benefits under Minnesota Statute § 299A.465, and workers’ compensation benefits. In these types of specialized cases it’s important to choose a firm that regularly handles these complicated cases and are experienced in coordinating all the benefits available to you. Contact Meuser Law Office, P.A. today for a free no-obligation case evaluation by calling 1-877-746-5680.

For State Troopers who have suffered an on-duty injury, there are specific initial steps that need to be followed for purposes of complying with the Minnesota workers’ compensation rules: