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.

Earlier this week, Ron Meuser, Founder of Meuser Law Office, P.A., was invited to speak at the gathering hosted by the Minnesota Law Enforcement Labor Services (LELS) held at the Clay County Enforcement Center in Moorhead, Minnesota. The members enjoyed tasty pizza while learning important union updates from representatives for LELS as well as MMPOA and a presentation from Ron Meuser, an attorney whose practice concentrates in Minnesota workers’ compensation and PERA disability claims.