An administrative judge ruled an Austin firefighter battling terminal cancer is eligible to receive workers’ compensation.

Suzanne La Follette, who has been with AFD for 19 years, was diagnosed last year with Stage 4 endometrial cancer. It’s a condition not included on the state’s list of cancers covered by workers’ comp. La Follette has been fighting the city over its decision to deny her claim. A state administrative judge’s decision Tuesday allows her to take time off while she’s undergoing treatment for cancer.

A gender disparity in state law allowed Austin to deny La Follette’s workers’ comp for her cancer. The state covers testicular and prostate cancers that develop as a result of exposure to chemicals on the job, but doesn’t allow for coverage of ovarian and uterine cancers.

La Follette told KUT last week she was upset, but not surprised by the city’s decision to fight her claim. The city also fought a similar claim from a female firefighter who was battling breast cancer in 2018.

“Austin has been the city of Austin that likes to see themselves as being a progressive city, and unfortunately, they’ve been a big disappointment as far as this issue goes,” she said.

KUT News reached out to the city for comment on the ruling but has not yet heard back.

In a statement, David Girouard, the president of Austin’s firefighter union, called on local and state policymakers to close the gap in coverage for first-responders fighting cancer like La Follette.

“Today’s decision is a critical step towards parity, fairness, and care for Suzanne and every firefighter who puts their health and life on the line for our community,” Girouard said. “We look forward to the day when no firefighter has to fight for their life and simultaneously fight the workers’ compensation system.”

Girouard said the city could appeal the decision, but it’s not likely given the amount of support La Follette has received from firefighters, city leaders and the general public as she fought both her terminal diagnosis and the city’s third-party attorney who contested her claim.

Austin state Rep. Donna Howard told KUT last week she was looking into La Follette’s case and that she would file a bill to close the gap in coverage when lawmakers reconvene at the Texas Capitol for a legislative session next year.