The state program that pays out death benefits for first responders who died in the line of duty is under the spotlight as legal and legislative strategies aim to change it. 

Wednesday morning, the Minnesota Court of Appeals heard arguments over a decision to deny a family’s claim. And just last week, 5 EYEWITNESS NEWS told you about legislation that could change the state law surrounding the program. 

Law firm Meuser, Yackley & Rowland says it’s representing the bulk of denied cases that are getting appealed. 

“Right now, we see cancer claims, suicide claims, heart claims, claims involving serious injuries that lead to death, all being denied right now. And I don’t know the reason why,” Daniel Harrison, an attorney with Meuser, Yackley & Rowland, said. “The statute was created for a reason; these families really should be getting this benefit. 

“There are over a dozen denied cases right now that are in some phase of this process where the families are going to have to fight for the benefit instead of just being awarded to them,” Harrison added. 

Minnesota’s Public Safety Officer Death Benefit Program provides a one-time payment to families of the fallen. Eligibility is laid out in state law, and it’s overseen by the Minnesota Department of Public Safety (DPS). 

The state statute could see changes, as legislation was drafted by Senator Jeff Howe (R-Rockville) after learning about one of those denials. 

“We’re going to get these families taken care of,” Sen. Howe told 5 EYEWITNESS NEWS earlier this month. 

The changes would address families who lost loved ones who died from COVID-19 while working as a first responder and, more specifically, the family of Hopkins Assistant Fire Chief James Scanlon, whose benefits were recently denied. 

Sen. Howe says Scanlon died in 2022 from a heart attack he suffered just hours after a call — but he says his part-time status and that call being a false alarm was partly to blame for the denial. 

DPS Commissioner Bob Jacobson oversees the program, also earlier this month he told 5 EYEWITNESS NEWS these decisions weight heavy on him. And that he’s been part of conversations at the Capitol to shape the law changes. 

“I think there are some changes that could be made that would be beneficial,” Commissioner Jacobson said. 

The legislation will soon be filed, and Howe has confidence it will have bi-partisan support — as for the case argument in the court of appeals, judges have a few months to share their opinion.