Austin firefighter battling cancer wins workers’ comp ruling in court

Photo credit: KUT.org

A state administrative judge ruled that Austin firefighter Suzanne La Follette, who is battling terminal cancer, is eligible for workers’ compensation benefits after the City of Austin denied her claim, according to a decision issued Tuesday in Texas.

La Follette, a member of the Austin Fire Department with 19 years of service, was diagnosed last year with stage 4 endometrial cancer. The state’s workers’ compensation system does not currently include that type of cancer on its list of presumptively covered occupational illnesses for firefighters.

Under Texas law, certain cancers linked to chemical exposure in firefighting are presumed to be work-related, but coverage applies to conditions such as testicular and prostate cancer, not ovarian or uterine cancers. That classification formed the basis for the city’s initial denial of her claim.

The ruling allows La Follette to receive time off for medical treatment while her case proceeds through the system. The decision came from the Texas Division of Workers’ Compensation, which reviews disputes between employees and employers over benefits eligibility.

The City of Austin said in a statement that it respects the judge’s decision and described the process as a review by a neutral third party. The city also noted that the ruling provides clarity in the case.

La Follette said in a previous interview that she was not surprised by the denial and criticized the law for creating what she described as unequal treatment for women firefighters. She referenced prior cases in which the city also challenged cancer-related claims from firefighters.

Austin Firefighters Association president David Girouard said the ruling represents progress and called for changes in state law to expand coverage for occupational cancers affecting firefighters. He said the union wants policymakers to address gaps in the system when the legislature reconvenes.

State Rep. Donna Howard, a Democrat representing Austin, said she is reviewing the case and plans to file legislation aimed at expanding workers’ compensation coverage for firefighters with cancer-related illnesses.

City officials said they could appeal the decision, though no final decision on an appeal has been announced.

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