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Austin firefighter appeals denial of coverage for cancer
Suzanne La Follette, an Austin firefighter battling terminal cancer, is fighting a second battle: getting worker's compensation. Texas law doesn't include female reproductive cancers in their firefighters' presumptive cancer coverage.
AUSTIN, Texas - Suzanne La Follette, an Austin firefighter battling terminal cancer, is fighting a second battle: getting worker's compensation.
Texas law doesn't include female reproductive cancers in their firefighters' presumptive cancer coverage.
A contested case hearing was held at the Texas Division of Workers' Compensation on Thursday, where both sides presented their arguments.
A decision could come in 10 days.
The backstory:
La Follette has been an Austin firefighter for 19 years. She was diagnosed with stage 4 endometrial cancer in May 2025, which she believes was caused by her job. Her worker's compensation claim was denied. The denial called her cancer "a disease of life."
She told FOX 7 in February, "If I pass because of this disease, I really want my family to be covered as a line of duty death as they should be, so that my wife and my daughters will be taken care of."
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PREVIOUS COVERAGE: Austin firefighter's cancer compensation claim denied
An Austin firefighter is battling Stage 4 cancer. She is pushing back after the city denied her worker's compensation claim.
The Austin Firefighters Association (AFA) held a press conference as the hearing was happening.
"The science is clear. The cancers Suzanne is fighting are directly linked to the exposures and risks that come with a career as a firefighter," David Girouard, president of AFA said.
The City of Austin previously said a third-party administrator applies laws to each claim.
At the state level, Texas firefighter presumptive cancer coverage only includes male reproductive cancers like prostate and testicular cancers, but not female reproductive ones.
At the federal level, female reproductive cancers were added to the list just last year.
Austin firefighter battling cancer, appealing denial of worker's comp claim
An Austin firefighter battling Stage 4 cancer is pushing back after the city denied her worker's comp claim. She says she has no genetic markers for this cancer and believes it was caused by her job.
Carrie Stewart, another Austin firefighter and cancer survivor, had to fight for workers' compensation as well, 11 years ago.
"It's a system that's supposed to be built to care for those who serve, but so often it is a roadblock to protection and coverage that firefighters earn, and that is especially the case for female firefighters," she said.
AFA is calling for changes at the state level.
"No firefighter should have to wage a second battle against the workers' comp system while also battling cancer," Girouard said.
State Rep. Donna Howard (D-Austin), says based on the research, it's something they'll work on legislatively.
"I'm particularly concerned about this on both the level of being a health-related issue and a discriminatory issue, apparently," she said.
The City of Austin responds
What they're saying:
The City of Austin released the following statement:
"The City thanks the Workers’ Compensation Division’s time today and their thoughtful full review of the case. We appreciate Lt LaFollette’s years of service to this community and respect the process."
Division of Workers' Compensation responds
The Division of Workers' Compensation is part of the Texas Department of Insurance. They say due to confidentiality provisions in the Texas Labor Code, they can't comment on a specific employee's claim.
They explained what the law includes and the process for a contested case hearing:
"DWC must follow Texas law when administering the workers’ compensation dispute resolution process. Under Texas law, some types of diseases are presumed to be work-related for first responders, including smallpox, tuberculosis, other respiratory illnesses, certain cancers, heart attack, and stroke.
Texas Government Code Section 607.055 states that the types of cancers included in this first responder presumption are:
- Cancer that originates at the stomach, colon, rectum, skin, prostate, testis, or brain;
- Non-Hodgkin’s lymphoma;
- Multiple myeloma;
- Malignant melanoma; and
- Renal cell carcinoma.
At a DWC contested case hearing, an administrative law judge (ALJ) listens as the parties offer evidence about the issues. Witnesses answer questions under oath, and each party explains its side of the case. After the hearing, the judge reviews the evidence and makes a decision on each issue.
The ALJ’s decision is binding on all parties. If either side disagrees with any part of the ALJ’s decision, they can ask DWC’s Appeals Panel to review it. The Appeals Panel is a group of judges who review a written appeal of a contested case hearing decision. They may leave the ALJ’s decision in place, change the decision, or send the decision back to the ALJ for more action. The Appeals Panel is the last step of DWC’s administrative dispute resolution process. If a party disagrees with the Appeals Panel’s decision, they can take the case to district court."
The Source: Information from interviews conducted by FOX 7 Austin's Angela Shen