We are pleased to share that Ron Meuser, Jennifer Yackley, Mary Beth Boyce and Ashley Biermann of Meuser Law Office, P.A. were invited recently to speak to the City of Burnsville police officers, firefighters and HR Generalists. Ron and his team of experienced attorneys were asked to educate the group of first responders and HR Generalists on the basics of PERA disability, Minnesota work comp, as well as other benefits available in the event an injury occurs in the line of duty.

Once combined, Burnsville’s police and fire departments have been operating since 1981 as individual units with the shared commitment to the preservation of life, safety and protection of property for the city’s residents, business owners, and visitors. Although highly trained in safety measures to not only keep the public safe, but also the city’s first responders as well, injuries do occur. In fact, according to the Bureau of Labor Statistics, police officers are four times more likely to be injured on the job than other occupations. The types of injuries to firefighters, such as cancer, are growing as well according to the National Fire Protection Agencies. The City of Burnsville understands the increased danger the police officers and firefighters face each day and want to ensure their first responders know what steps to take when an injury happens to ensure they receive the full benefits they are entitled, including continuation of health insurance and PTSD.

The short answer is yes—but not without recourse. An employer can fire you for any reason; however, there is recourse that can be taken if an employer fires you, or even threatens to fire you, for reporting your work-related injury. The legislature in Minnesota Statutes § 176.82 provides this recourse in subdivision 1, stating that an employer who fires or threatens to fire “an employee for seeking workers’ compensation benefits” or “intentionally obstructs an employee seeking workers’ compensation benefits” is liable to pay damages to the employee. These damages include any loss in workers’ compensation benefits caused by a violation, including the costs and attorneys’ fees. These actions are generally referred to as “82 actions.” In practice, 82 actions are fairly uncommon—but they’re also essential. The action acts as a check against employers, allowing employees to recover the workers’ compensation benefits that they would have received except for the unlawful interference of their employer.

A narrative request is a formal letter sent by your Minnesota workers’ compensation attorney to your treating physician requesting that he or she issue a “causation report” on your work-related condition. A causation report is issued by your attorney, asking your doctor to explain why in his or her medical opinion that he or she believe this condition arises out of the course and scope of your employment.

A narrative request will also ask the doctor to opine to any permanent partial disability (PPD) to which you are entitled. Your doctor will assign you a permanency rating under the Minnesota workers’ compensation PPD schedules based on lack of use or function due to your work-related condition. In his or her narrative report the doctor will also determine if you have reached maximum medical improvement (MMI). MMI signifies that you have reached a plateau in your treatment. You are not necessarily healed or restored to your pre-injury condition but you are not expected to decline or make a substantial improvement in your condition. A permanent partial disability rating cannot be assigned until you reach MMI since the PPD rating reflects a permanent loss of use or function. Once you have reached MMI as determined by the physician, you must be served with the report under Minnesota Statute §176.101, subdivision 3e.

Ten years ago, many people had never heard of post-traumatic stress disorder (PTSD). Today most people associate PTSD with soldiers, who often suffer from the effects of PTSD from a single traumatic incident or exposure in the line of duty. What this means is when you ask a soldier the cause of his or her PTSD, they can usually point to a single incident or set of incidents that sparked the onset of their PTSD symptoms. This is not the case for Minnesota police officers. Many times, PTSD symptoms manifest over the course of time as a result of multiple traumatic experiences, and it is difficult to point to just one incident as the inciting event.

What Causes PTSD?

Many events can cause PTSD in police officers, such as shootings or “shots fired” calls, motor vehicle collisions involving fatalities or severe injuries, hostage situations, dangerous drug busts, domestic dispute calls, child abuse investigations, or any other situation that involves exposure to serious injury or death. There is no rhyme or reason for why one person develops PTSD and another does not. There is also no reason why one particular event “causes” PTSD while another, perhaps more traumatic event, does not. With police officers, PTSD many times occurs as a result of a build-up of events that arise throughout an officer’s career.