Employer and its insurer appeal and Claimants cross-appeal. The Commission also modified the ALJ's calculation of the increase required under section 287.120.4. The Commission modified portions of the ALJ's award and concluded that: (1) for purposes of the provision of section 287.120.4, requiring an increase in the compensation and death benefit, there was no causal connection between Employee's failure to be using a respirator, see section 292.320, and his death, but there was a causal connection between the violation of section 292.080 and Employee's death (2) the ALJ properly determined that Claimants were entitled to only one fifteen percent increase of the compensation and death benefit under section 287.120.4 and (3) disfigurement benefits should not be awarded. After filing their claim, Claimants entered into a third-party settlement on their separate civil action.Īn administrative law judge (ALJ) conducted a hearing and: (1) found Employer's violation of two state statutes and five sections of the Occupational Safety and Health Act were the "efficient" cause of Employee's death (2) found Claimants were entitled to only one fifteen percent increase of the compensation and death benefit under the provision of section 287.120.4 (3) found Employer forfeited its right to subrogation of the increase in the compensation and death benefit awarded under section 287.120.4 (4) rejected Claimants' contention that Employer waived all of its subrogation rights because of the safety violations and (5) awarded forty weeks of benefits under section 287.190.4 for disfigurement. The three minor children of Employee (Claimants) filed a claim for workers' compensation benefits. Employee was taken to the hospital and died the following day. According to one expert, a suspended vapor flash type fire occurred as a result of the lacquer thinner being poured in the basement and "vaporizing and migrating to the ignition source," a hot water heater. Caliendo then went back into the townhouse and helped Employee get out of the building. Caliendo yelled to Employee, "It's a fire" and "run." Caliendo then started to run to the stairs and would later state, "I must have got one, maybe two steps on the stairs and it blew me halfway up the stairs." When Caliendo realized Employee was not behind him, he unsuccessfully attempted to retrieve a garden hose to put out the fire. Employee was standing in a pool of the lacquer thinner when Caliendo saw a blue flame suspended in the air in the doorway of the basement's utility room. They were using E-Z Lacquer Thinner to help remove tile glue from the basement floor. On October 23, 1992, Employee and Frank Caliendo, who also worked as a maintenance person for Employer, were working in one of Employer's townhouses. Employee worked as a maintenance person for Employer. Affirmed in part reversed in part remanded.Įmployer rents apartments and townhouses in St. Akers (Employee) cross-appeal from an award of the Labor and Industrial Relations Commission (Commission). Warson Garden Apartments and Half Moon Village, Inc., (Employer) and its insurer, Lumbermens Mutual Insurance Company, appeal and the dependents of Gary P. Gladney, Bartley, Goffstein, Bollato & Lange, L.L.C., Clayton, for amicus curiae. WARSON GARDEN APARTMENTS and Half Moon Village, Inc., et al., Appellants/Cross-Respondents. AKERS, Deceased, et al., Respondents/Cross-Appellants, Residents in the complex say violence was unusual for the area.Īll three people, the woman, and the two men were described as young adults.Gary P. It definitely sounded a little more than fireworks.” We heard the cops come and everything…it was kind of scary but again I thought it was fireworks like at first. While the other was handcuffed and taken away for questioning.Ī woman who did not want to be identified said she heard the violence exploded outside her apartment, “We were inside, we heard maybe five or six gunshots and then I thought it was fireworks but it definitely was not. The two males got into a shootout, one was rushed to the hospital with life-threatening injuries It apparently all revolved around a woman, her ex-boyfriend, and current boyfriend. Sources said it may be a case of self- defense. It appears at least 8 shots were fired outside one of the apartment buildings. It happened at the Half Moon Village Apartments which are not far from Page and Lindbergh. LOUIS COUNTY, MO – A shooting Tuesday night at a North County apartment complex left one man fighting for his life and another under arrest. Please look at the time stamp on the story to see when it was last updated. This is an archived article and the information in the article may be outdated.
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