Court: Las Vegas firefighter’s breast cancer related to work

By Cy Ryan

Thursday, Dec. 30, 2010 | 3:46 p.m.

CARSON CITY – The Nevada Supreme Court has decided that a Las Vegas firefighter's breast cancer is work-related.

The court said substantial evidence supports the finding that Robin Lawson was exposed to a known carcinogen. She began her employment in 1992 and was first treated for breast cancer in 1997, then had treatment for eight or nine months.

The cancer returned in December 2004. After a surgery her oncologist, Dr. Noel Rowan, said he believed the cancer was due to her job.

Lawson then filed for worker's compensation benefits, but the city of Las Vegas initially denied her claims. Lawyers for the city told the court earlier this year in oral arguments there was no denial of treatment and the benefits have since been paid, but the appeal was still carried to the Supreme Court.

City lawyers said this case is important to determine how future cases will be classified not only in Las Vegas but in other governments in Nevada.

The court, in a decision written by Justice James Hardesty, said evidence supports the finding that Lawson was exposed to the known carcinogen benzene, which is “reasonably associated with her breast cancer.”

An appeals officer at the city ruled that Lawson had been exposed to two carcinogens -- benzene and PAH. The court said these, to be cancer-related, must be listed either by the International Agency for Research on Cancer or the National Toxicology Program. PAH is not on those lists.

Rowan testified at the hearing he did not know in 1997 what cause Lawson’s breast cancer but since then had been to medical conferences and learned about the possible connection between exposure to certain carcinogens and the development of breast cancer.

The court also rejected the city’s argument that Lawson submitted her claim eight years too late since she was first diagnosed in 1997, but didn’t file until 2005.