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KELLEY v. BANTA & STUDE CONST. CO., INC.

Nos. ED 74995, ED 75001.

1 S.W.3d 43 (1999)

George F. KELLEY, Claimant/Respondent, v. BANTA & STUDE CONSTRUCTION CO., INC., Employer/Appellant, and Traveler's Property & Casualty Company, Insurer/Appellant. George F. Kelly, Claimant/Respondent, v. Banta & Stude Construction Co., Inc., Employer/Appellant, and American States Insurance Co., Insurer/Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

August 24, 1999.

Attorney(s) appearing for the Case

Daniel Steigerwald & John Robert Geiss, St. Louis, for Banta & Stude Construction Co., Inc. and Traveler's Property & Casualty Company, appellants.

Brian Michael McInnis & John P. Palombi, St. Louis, for Banta & Stude Construction Co., Inc. and American States Insurance Co., appellants.

Ray A. Gerritzen, St. Louis, for George F. Kelley, respondent.

KAROHL, Judge.

We review two appeals of Banta & Stude Construction Company (employer) from temporary or partial awards entered by the Labor and Industrial Relations Commission (Commission) on claims filed by George F. Kelley (employee) in September 1995 and February 1997. The 1995 claim was amended by two amended claims. The claims were tried together but not consolidated. The 1995 claim involved allegations of an accident in December 1993 or an occupational disease...

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