For over a decade, the attorneys at Meuser Law Office, P.A., have been fighting to help our state’s first responders get access to help for work-related mental health conditions – most prominently post-traumatic stress disorder.

We have helped hundreds of police officers, firefighters, paramedics, and corrections officers obtain workers’ compensation benefits, including medical expense, wage loss, and rehabilitation benefits, as well as PERA Duty Disability pension benefits.

Over the last ten years we have slowly, but surely, seen a change in police departments regarding post-traumatic stress disorder. There’s a long way to go, but attitudes towards mental health in police departments seems to be changing. From an anecdotal perspective, there seems to be better support in departments for officers struggling with mental health issues, as well as a push for better early intervention services for officers who have experienced trauma. We are also noticing better awareness of the symptoms and causes of PTSD. Officers are looking out for each other and there is less reluctance and stigma for officers seeking help sooner. That is good news for Minnesota’s police officers.

As a lawyer, I’m not going to deny that it’s fun to win a case for many reasons. One, of course, that means our client gets paid, and so we get paid. Two, it’s great to get a good result for a client – our client is happy and we are happy. Maybe if we’re lucky, that happy client will refer us to a friend or colleague who needs a lawyer down the road. Three, in some cases, a win can establish case precedent which can help on future cases. And, four, especially in really contentious cases, difficult cases, or complex cases, there’s no denying that there’s a feeling of satisfaction when you win.

After you do this for long enough, though, sometimes a win can mean something different. Over my years of practice with Meuser Law Office, P.A., I have several cases that stick out to me as special for one reason or another. They’re not always my biggest or hardest cases. Sometimes I just really like the client or there is a complex legal issue that we prevail on. Other times, there was a difficult issue on the case that we overcame.

Great news for Minnesota’s first responders! A bill has been passed by both the House and Senate, and is expected to be signed by the Governor, that adds additional workers’ compensation rights for our state’s first responders who are suffering from mental illness.

House Bill HF 3873 and the companion Bill in the Senate SF3420 have both passed with overwhelming support, and the bill is expected to be signed by Governor Dayton. The portion of the bill as it relates to first responders and post-traumatic stress disorder (PTSD) will take effect January 1, 2019.

This bill has been in the works for a few years now, but finally had enough support to pass. While it won’t necessarily have a significant impact on people who are currently in the Minnesota workers’ compensation system, we expect that it will make a major difference to those who find themselves struggling with work-related PTSD in the future.

Jen Yackley, of Meuser Law Office, P.A., was honored to be invited to present this year as a faculty member at the 2018 Workers’ Compensation Institute, hosted by Minnesota Continuing Legal Education.

Jen and defense attorney Mark Kleinschmidt of Cousineau, Waldhauser and Kieselbach, P.A, sat on the same side of the table for a change to present to their peers on the topic of Landmines in Drafting Stipulations for Settlement, from both a plaintiff attorney’s perspective, and a defense attorney’s perspective.

When a Minnesota workers’ compensation case settles, the settlement is memorialized in a special type of contract called a Stipulation for Settlement, which sets forth the terms of the agreement. This type of contract is unique in that it requires a Workers’ Compensation Judge to review and approve the contract. Jen and Mark discussed ways to avoid stipulation drafting issues that might cause a judge to not approve a Stipulation for Settlement. They also discussed issues that come up in terms of ambiguity in a Stipulation for Settlement. The goal of drafting a Stipulation for Settlement – or any contract for that matter – is to ensure that it accurately reflects the agreement of the parties. You don’t want an issue to come up years later leading to a dispute regarding what the parties intended when they settled. Jen and Mark also discussed issues in drafting a Stipulation for Settlement regarding third party rights, such as intervenors, government agencies, and Medicare.

Settlements in the Minnesota workers’ compensation system are extremely common, and there are many different ways to approach settlement of a workers’ compensation case. Even after the parties get to “yes;” however, it’s important that the Stipulation for Settlement is carefully drafted to accurately reflect the agreement of the parties, and to protect an injured worker’s future rights.

Jen’s broad deep knowledge of the nuanced areas of Minnesota workers’ compensation law make her an excellent advocate on complex cases. For a free, no obligation to learn more about your rights under the Minnesota Workers’ Compensation Act, contact Meuser Law Office, P.A. Call us today at 1-877-746-5680.