Up until August 13, 2014, injured workers who were found to be permanently totally disabled, had their Minnesota workers compensation benefits reduced by the amount of their public employee retirement association (PERA) benefit. In many cases this would eliminate their entitled to work related wage loss benefits.
But on August 13th, the Minnesota Supreme Court, reversed the Minnesota Workers Compensation Court of Appeals in the case of Sharyn Hartwig v. Traverse Care Center and denied the ability of insurance companies to force PERA retirement offsets from permanent total disability benefits. The Hartwig decision follows another Court decision indicating that teacher pension benefits may not be used to offset permanent total disability benefits.
If you have already been affected by this please call Jim Vander Linden at 612-339-6841 for professional, compassionate advocacy.