San Antonio Captain Claims Discrimination Over Long COVID

Posted by: Curt Varone 2 days ago 0

A fire captain with the San Antonio Fire Department has filed suit claiming he suffered discrimination and retaliation on account of disabling long COVID. Captain Kenneth Galan filed suit against the city alleging violations of the Americans with Disabilities Act, the Texas Commission on Human Rights Act, the Rehabilitation Act, and Texas worker’s compensation laws.

Captain Galan, a 28-year veteran, claims the city discriminated, harassed, failed to accommodate, and retaliated against him as he struggled to cope with Long COVID. Among the allegations are that city was responsible for removing his doctor from the worker’s comp network’s approved physicians list, necessitating him finding a new doctor; that the city sent him to an independent medical exam with a doctor who believed there was no such thing as long COVID; that he was denied access to appropriate medical specialists that he needed for proper treatment; and that he was improperly removed from worker’s comp leave and placed on sick leave even though he contracted COVID on duty.

The suit seeks damages for lost wages, mental anguish and emotional distress, interest, costs and attorney’s fees. Here is a copy if the complaint:

US_DIS_TXWD_5_24cv1438_d18325882e261_COMPLAINT_Plaintiff_s_Original_Complaint_Filing_feDownload

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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