Salem drops fight over cancer death benefits to firefighter Mo Stadeli's widow

After first challenging line-of-duty death benefits for the widow of a longtime Salem firefighter who died of tonsillar cancer, city leaders have opted to withdraw their appeal to Oregon's highest court.

The decision came Monday night after immense public pressure to give benefits to the family of Maurice "Mo" Stadeli.

Firefighters protesting the city's earlier decision picketed outside City Hall and filled the Salem City Council chambers.

A roar of applause broke out when City Manager Keith Stahley announced the decision to not pursue an appeal.

"We will accept that ruling," Stahley said. "The right thing to do is bring this process to an end."

Mayor Chris Hoy said the city realized their previous decision was a mistake.

"I am very sorry for the harm we caused," Hoy said.

Stadeli worked 28 years with Salem Fire

Stadeli worked as a firefighter paramedic for Salem for 28 years. He was diagnosed with tonsillar cancer in 2018, underwent treatment and died six months later.

The city fought in court to deny workers' compensation claims and line-of-duty benefits to his widow, Tina Stadeli.

Attorneys representing the city argued that the cancer most likely was not caused by Stadeli's work as a firefighter. After medical opinions stated a pre-existing condition was the most significant probable cause of his illness and his work as a firefighter did not materially contribute to the cancer, the city denied Stadeli's workers' compensation claim.

Attorneys arguing on behalf of Stadeli argued that the medical experts couldn't prove with clear and convincing evidence that firefighting didn't cause his cancer.

The Oregon Court of Appeals ruled in Stadeli's favor. But on Sept. 12, the city appealed to the Oregon Supreme Court.

Tina Stadeli got the news as she was preparing to leave to see her husband's name placed on the International Association of Fire Fighters' memorial wall in Colorado Springs.

Oregon law protecting firefighters

The Oregon State Fire Fighters Council protested Salem's decision to challenge the line-of-duty death benefits.

Leadership said about 250 people attended in support of Stadeli outside City Hall and inside the council chambers.

In a statement, OSFFC leadership said Stadeli’s death was considered a line-of-duty death under Oregon’s Cancer Presumption Laws.

The law states that if firefighters contract one of a list of occupation-related cancers, including mouth and throat cancer, it should be reasonably presumed the cancer is related to their work as a firefighter.

OSFFC officials said firefighters contract cancer at rates higher than the general population, and cancer rates among firefighters are skyrocketing.

Cancer is the leading cause of line-of-duty deaths in career firefighters. Similar battles over cancer-related line-of-duty deaths have been occurring across the nation for years.

City leaders previously said they believed the Court of Appeals misinterpreted the Oregon Workers Compensation law by "requiring medical experts to have a level of certainty regarding the cause of some diseases that simply is not possible."

They said if the Court of Appeals decision stood, the City of Salem and other Oregon employers would pay higher workers compensation insurance premiums and pay more in claims for some illnesses or injuries that are unrelated to working conditions.

"Anyone who serves their community for 30 years deserves our respect," Stahley said. "Mo has my respect. I’m sorry if the City’s actions have conveyed a different message —that was not our intention."

Firefighters fight for widow

Prior to the change in decision, Matt Brozovich, Salem Professional Fire Firefighters Association president, said the group was prepared to let the city know they had no confidence in its ability to support firefighters and their families.

“This is all or nothing for his widow, Tina," Brozovich said before the council meeting on Monday. "His estate was rightfully awarded a line-of-duty death benefit from the Oregon Appellate Court. If she loses that, she loses everything for a job that he loved and worked so hard for."

He said Stadeli was a stand-up man, father, husband, brother and firefighter.

Denying his wife benefits wasn't just wrong, it was criminal, he added.

He thanked the city for its reversal Monday night and apologized for what Tina Stadeli had to endure since her husband's death.

Many of the firefighters who spoke during the meeting recounted their own and their loved ones' experiences with cancer — and the stress of worrying whether their families would be supported if they died.

Stahley said workers’ compensation law and the facts of this case are complicated and dynamic, and city leaders relied on expert outside counsel to inform its decisions.

Reading the appeals court decision and learning the circumstances of Stadeli's case led him to seek the reversal, Stahley said.

"The Stadeli family will be compensated, our firefighters, and frankly firefighters throughout the state, can feel more confident that they and their families are protected from the ravages of cancer that disproportionately affect firefighters," he said. "With this decision, I hope we can start the hard work of repairing relationships that were damaged in this process."

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodworth@statesmanjournal.com, call 503-910-6616 or follow on Twitter at @wmwoodworth

This article originally appeared on Salem Statesman Journal: Salem drops fight to deny line-of-duty benefits to firefighter widow