If PERA awards a police officer, firefighter, or deputy sheriff permanent total disability (PTD) benefits then he or she IS still entitled to permanent total disability benefits under Minnesota worker’s compensation. Permanent total disability benefits in workers’ compensation are benefits payable to injured workers who are unable to return to gainful employment. PTD is calculated using an injured worker’s average weekly wage (AWW) and is multiplied by 2/3 for a compensation rate under Minnesota Statute §176.011, subdivision 18. This amount is capped at the same limit as temporary total disability (TTD) and is subject to cost of living adjustments over time. PERA disability benefits and Social Security Disability Income (SSDI) benefits are also increased on a very limited basis over time. In many cases, employees must reach a certain rating of permanent partial disability (PPD) before he or she is awarded PTD benefits or deemed to have reached PTD. These ratings take into account all permanent conditions, work related or not, that affect the employee’s ability to work.

This article was originally published in December, 2015 in the Minnesota Police Journal. PTSD was and continues to be an important topic with major implications for Minnesota’s first responders who suffer from PTSD. In October of 2013, the Minnesota workers’ compensation law recognized post-traumatic stress disorder as a covered or compensable injury for purposes of workers’ compensation law. Since then, law makers continue to fight for the rights and benefits of Minnesota’s first responders as well as continue to raise awareness of PTSD, including the re-introduction of a crucial bill in the 2017 legislative session that directly affects first responders who suffer from PTSD.

Written by Dr. Michael Keller, Ph.D and published in the Minnesota Police Journal

Introduction

There have been some important changes regarding the diagnosis of post-traumatic stress disorder (PTSD), and these changes have a significant effect on those employed as licensed Minnesota Peace Officers relative to such matters as eligibility for disability benefits under the Public Employees Retirement Association (PERA), the Minnesota State Retirement Association (MSRS), and workers’ compensation. Due to changes in Minnesota Law taking place over the past few years, it is now the case that Minnesota Peace Officers must meet the diagnostic standards for PTSD as indicated in the Diagnostic Statistical Manual, Fifth Edition (DSM-5, 2013), whereas previously, the diagnostic criteria for PTSD as indicated in the Diagnostic Statistical Manual, Fourth Edition, Text Revised (DSM-IV-TR, 2000) have been relied upon for the determination of the diagnosis of PTSD.

I have been asked many times by injured employees, “Can I move out of state? Will this affect my Minnesota workers’ compensation benefits?” The answer I always give my clients is it depends. And, it truly does depend on a number of factors, including the location of the move and the type of benefits involved. But, we can typically find a way to make the out-of-state move work while still protecting all of the injured workers’ benefits.