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February 23, 2012

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

By (contact)

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.

Discussion: 3 comments so far…

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  1. By el_diablo_loco (Dave Butcher)
    Dec. 30, 2010
    6:10 p.m.
    Flag

    Firefighters are exposed to all kinds of threats not just ones that can cause them to get killed at a fire. In Philli many firefighters have had cancer from a tire dump fire and have won, there are also documented cases of firefighters and paramedics and emts getting hiv and hepatitis from patients. I have a friend that was a paramedic that came in from new jersey to ground central and he is now dying from cancer so when we complain about how much firefighters make stop and think. One of our firefighters will die from work related illinesses and will be a LODD in the future.

  2. By ME2CA2NV (Katherine Sargent)
    Dec. 30, 2010
    11:05 p.m.
    Flag

    I was diagnosed with two different types of cancer in the same breast in 1997. I had a modified radical mastectomy with a TRAM flap reconstruction and 6 months of chemotherapy. My dad was with the fire department - should I have claimed 2nd hand benzene exposure? Please! This Dr. Rowan is claiming that he's found a cause for breast cancer and the court it supporting this guy - do they spend their nights/days playing baccarat together? Last I heard, there was no identifiable cause for breast cancer. It sounds like this Dr. Rowan recommended a localized treatment followed by radiation when she probably ought to have had a more comprehensive treatment now he's trying to cover his tracks. By the way, I have been cancer free since 1997 and ALL of my treatment was a Hoag Cancer Center in Newport Beach, CA. Yes, I return to my docs there each year for screening diagnostics. Say what you will, there's a very good reason the Las Vegas Sun is running a series entitled "Do No Harm."

  3. By boftx
    Dec. 31, 2010
    12:08 a.m.
    Flag

    This raises an interesting question. If the cancer essentially gender specific, and the exposure to benzine can not be avoided, then that seems to be an argument that the city should hire only males as otherwise they would be knowingly endangering females. If that exclusion is not allowed, then the city could require females to sign a waiver stating they accept the risk and that the city can not be held liable.

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