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City manager drops lawsuit against firefighter who battled cancer

The City was ordered to pay for the firefighter's breast cancer care in 2016 under the belief that shift work could be considered a carcinogen.

AUSTIN — Austin City Manager Spencer Cronk on Tuesday decided to drop a lawsuit facing a veteran Austin firefighter who beat breast cancer.

“I am a little surprised, but I’m incredibly grateful. I think the citizens of Austin who have all called into city council members and the city hall to express their thoughts and opinions on the lawsuit have made an incredible difference in how this turned out,” said Lt. Carrie Stewart.

Council Member Delia Garza said Monday she would try to get her fellow council members to dismiss the City of Austin's lawsuit against her once-fellow firefighter, Stewart.

“I hope it sends a message to our first responders that we support them and we do think that if they are injured or get cancer and its related to their job I hope that they know that their city will support them,” said Garza.

During the council’s work session Tuesday, the members went into executive session to discuss the case. Afterward, Garza tweeted that City Manager Cronk decided to drop the lawsuit. So the council won’t have to take any action.

"After discussion with Council today, I have asked the Law Department to dismiss the current litigation involving our firefighter, Carrie Stewart," said Cronk. "This has been a difficult situation from the beginning, and as your new city manager, I am glad to have Council’s perspective on this matter as I reviewed it for the first time. While every workers compensation claim will be different, the circumstances here compel me to abide by the decision of the Department of Workers Compensation."

Mayor Steve Adler says the decision today reflects the culture and support the city has for its first responders.

“Well, I think that the decision today reflects the values and the culture of the city. This is a city and a community and a government and a council that recognizes the real value of the workforce of the people that work in this community," said Adler.

Stewart was diagnosed with breast cancer in 2015. In October of 2016, the City was ordered to pay for her care. The panel of judges agreed with studies that show shift work can cause breast cancer.

"So it's shift work that interrupts your sleep at night or circadian rhythm at night. Because we work 24-hour shifts as firefighters and medics and EMTs in Austin, anything that interrupts your sleep is part of that umbrella that shift is a carcinogen," explained Stewart.

But the City disagreed and filed a lawsuit against Stewart in March of 2017.

"They don't want to have to do any further care, further appointments or take care of family or offer any line-of-duty death benefits should this cancer kill me," said Stewart.

Council Member Garza said she can't believe this lawsuit exists.

"I can see why Carrie feels betrayed by this," said Garza.

Which is why she hoped to stop it.

"Here's a case where no one on council knew it was filed. I did not learn myself until Carrie called me," said Garza.

After serving the city for 18 years, Stewart feels deceived.

"I do feel a little bit betrayed. I have given a lot, I have chosen to be a public servant and then to be sued for benefits that a state judicial system that I qualify for, it is a little bit of a betrayal," said Stewart.

By the way, this issue isn't exclusive to Austin. There are reports of other Texas firefighters and their families battling cities after denial of benefits.

A City of Austin spokesperson released this statement.

"The City does not seek to reclaim benefits paid out to an individual firefighter through this request for judicial review. We are seeking judicial review of an administrative finding by the State's Division of Workers' Compensation that exposure to shift work is a cause of cancer. The City is using the judicial review process set out in state law in an effort to overturn a finding that is inconsistent with the medical evidence presented during the administrative process.”

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