The Register Citizen (Torrington, CT)
Fire chief’s widow seeks pension payments
Attorney for city says claim is under review
TORRINGTON — The family of Chris Pepler, a deputy fire chief who died of cancer in 2017, is asking for the late chief’s pension, alleging exposure on the job caused his death from cancer.
Pepler 43, is survived by his wife, Lori, and son, Nathan. His widow hired attorney David F. Bennett to pursue the pension.
Corporation counsel Vic Muschell confirmed the city is reviewing the request.
“It’s being considered, but at this point (the investigation) hasn’t been concluded,” Muschell said. “It’s a legal matter for the city.”
Pepler volunteered with the Torringford Fire Department at age 15, then with the Harwinton West Side Department, and was hired by the Torrington Fire Department in
1999. He died of squamous cell carcinoma of the neck, which he had for at least two years, according to his death certificate provided by Bennett, a Danbury attorney representing the Pepler family.
Bennett claims Lori Pepler is entitled to her husband’s pension benefits. Pepler’s salary was $94,000 per year, he said.
“The law states that if a fireman dies at work, or dies as a result of injuries at work, his widow gets his pension,” Bennett said. “There’s no question on that. Lori should have gotten it automatically.”
After Bennett said he was unsuccessful working with the firefighters union, he hired Dr. Kenneth R. Spaeth, to provide expert information.
“We have all of Chris Pepler’s work and medical records, and the doctor’s report,” Bennett said. “The doctor says the cancer came from his job. At $94,000 a year, the fund has to pay from the date of death forward. It’s three years already.”
Bennett maintained the pension funds have nothing to do with the city’s finances and shouldn’t be a city decision. “It comes out of the pension fund, which isn’t a city of Torrington matter. It’s not city money, it’s pension fund money.”
The Danbury attorney said he has been in contact with Muschell. “The corporation counsel has been very cooperative. They’ve been great to work with,” Bennett said. “We’re trying to get a meeting together. My expert witness, Dr. Spaeth, needs to make his presentation.”
Muschell said, “There has been some indication that there’s some movement afoot, to deny the widow’s claim, but that’s not the case at all.”
“We’re doing what is required, by investigating it,” Muschell said.
In his study and report, Spaeth deemed Pepler’s death a result of his employment as a firefighter. Pepler never smoked or used smokeless tobacco products, according to the report. His age and minimal use of alcohol did not play a role in his cancer, Spaeth said, adding that “there is no evidence in the hundreds of pages of medical records to suggest Mr. Pepler had anything but healthy (dental hygiene),” the doctor wrote.
He concluded that firefighters are exposed to carcinogens — cancercausing elements — by inhaling them or ingesting them on the job, and that Pepler’s exposure to “products of combustion” from burning materials also could cause cancer.
According to Spaeth’s report, Pepler noticed a bump on his tongue, which became swollen, in February 2015. When he consulted a surgeon, a biopsy revealed that he had a squamous cell carcinoma, or SCC. The growth was removed.
After that, doctors discovered enlargement of his lymph nodes in his neck, and radiation treatment was advised. After more surgery in August, Pepler began radiation in September and began losing weight and experiencing chronic pain. By November, Pepler had lost 40 pounds and had to use a feeding tube. After many months of treatment and difficulties, Pepler died, according to Spaeth’s report. The doctor concluded that Pepler’s 16 years as a firefighter brought him into contact with a “a host of cancer-causing substances on a day-to-day basis.”