The Minnesota Law Enforcement Labor Services (LELS) recently held their 2019 Steward Training and invited Meuser Law Office, P.A. to speak at the two-day annual event. Ron Meuser and Jen Yackley gave a presentation to the group of approximately 120 attendees, which included LELS business agents, stewards and staff. Over the two days, the Meuser Law attorneys had the opportunity to meet new stewards, presented valuable information, and educated attendees on new aspects of PERA.

In Minnesota, a police officer or firefighter who suffers from a physical or mental condition that limits their ability to perform the normal duties of their position for a period of at least one year, and where that condition is the direct result of an injury or illness arising out of or incurred during the performance of inherently dangerous duties, is eligible for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability benefits. In turn, a police officer or firefighter who is determined to be eligible for PERA Duty Disability benefits is also eligible for Continuation of Health Insurance Benefits in accordance with Minn. Stat. § 299A.465. State Troopers, DNR Officers, and BCA Officers who are determined to be eligible for Duty Disability benefits under the Minnesota State Retirement System (MSRS) State Patrol Plan are also eligible for this benefit.

In 2018, the Minnesota legislature took a huge step, and passed legislation creating a workers’ compensation statutory presumption of PTSD for our state’s first responders. In other words, for certain workers in the state of Minnesota, including police officers, firefighters, corrections officers, and others defined as “first responders,” a diagnosis of post-traumatic stress disorder is to be presumed to be work-related. The goal of this bill, authorized by Representative Nick Zerwas (R), and which had almost unanimous support in the legislature, was to eliminate barriers to quick, effective medical care for our State’s first responders suffering from PTSD.

As of January 1, 2019, a new law has gone into effect that may drastically change the way work-related PTSD claims are handled in Minnesota. For PTSD injuries that occur on or after January 1, 2019, there is now a presumption for first responders that their PTSD is work-related. A first responder’s PTSD still must meet the criteria set forth in the DSM-V and be diagnosed by a doctor of psychology or a medical doctor working in a related field.