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Judge orders Station owners to pay workers' death benefits
05:33 PM EST on Thursday, March 3, 2005
PROVIDENCE -- A state Workers' Compensation Court judge today ordered
the owners of The Station nightclub to pay more than $200,000 for
funeral expenses and lost wages to the families of a waitress, a bouncer
and two security workers killed in the disastrous fire at the club two
years ago.
Judge Bruce Q. Morin said that the nightclub's owners, brothers Michael
and Jeffrey Derderian, and their company, Derco LLC, are ``jointly and
individually'' liable for the workers' compensation benefits of the four
employees.
The Derderians' lawyers said they plan to appeal the ruling to the state
Supreme Court.
The state law entitles the family of someone who dies on the job to
receive $15,000 to cover funeral costs, also known as death benefits,
plus a portion of the deceased person's lost wages. Dependent children
are entitled to benefits until age 18 or, if they are in college, age 23.
The nightclub workers who died in the Feb. 20, 2003, blaze were: Tracy
F. King, 39; Dina Ann DeMaio, 30; Steven R. Mancini, 39, and his wife,
Andrea Louise Jacavone Mancini, 28.
Judge Morin ruled the families of the Mancinis, King and DeMaio should
each receive $15,000 in death or burial benefits.
He also ordered the club's owners to pay $818.10 weekly to King's family
and $732.90 weekly to DeMaio's son and gaurdian. Those payments are
retroactive to the time of the fire, and continue until the children
reach legal age, or if King's wife remarries.
Barbara Magness, Steven Mancini's mother, said she was happy to receive
some compensation, but the money wasn't why she took legal action.
"Why shouldn't (the Derderians) be held accountable for what they did?"
Magness told The Associated Press.
Jeffrey Pine, attorney for Jeffrey Derderian, said, "The bottom line is
(the Derderians) have always wanted to compensate the families of their
employees. The issue has always been to reach some sort of settlement on
that."
Michael St. Pierre, DeMaio's attorney, was cautious about the ruling.
"I think it's going to be difficult to come up with what they have to
pay for these four families," he said.
The fire at the roadside nightclub in West Warwick began when the rock
band Great White set off a pyrotechnics display that ignited cheap
packing foam used as soundproofing on the walls and ceiling. The fire
killed 100 people and injured more than 200, some of them critically.
About two weeks after the fire, state labor officials discovered that
the Derderians had never purchased the required workers' compensation
coverage. As a result, the families of the four nightclub workers who
died in the blaze have so far have received no workers' compensation
benefits.
Last August, a state workers' compensation court judge ordered the
Dederians to be held personally liable for a $1.06-million fine against
their company, Derco LLC, for failing to carry the required coverage.
The Derderians are appealing the ruling.
In addition to providing benefits to workers and their families, workers
compensation insurance generally shields a business and its owners from
liability in connection with job-related injuries or deaths.
-- With reports from The Associated Press
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