KENTUCKY HARLAN COAL COMPANY, Appellant,
v.
Frank HOLMES; Special Fund; Ronald L. McDermott, Administrative Law Judge; and Workers' Compensation Board, Appellees, and
COMMONWEALTH of Kentucky, DEPARTMENT OF MINES AND MINERALS, Appellant,
v.
Arthur MOORE; Larry Beale, Director of Special Fund; David Barber, Administrative Law Judge; and Workers' Compensation Board, Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
January 31, 1994.
Rehearing Denied April 21, 1994.
Attorney(s) appearing for the Case
Paul E. Jones, Baird, Baird, Baird & Jones, Pikeville, for appellant, Kentucky Harlan Coal Co.
Dennis Nagle, Cole, Cole, Anderson & Nagle, Barbourville, for appellee, Frank Holmes.
David Randall Allen, John E. Stephenson, Louisville, for Special Fund.
Ronald L. McDermott, Covington, Administrative Law Judge.
Thomas L. Ferreri, C. Patrick Fulton, Ferreri and Fogle, Louisville, for appellant, Comm. of Kentucky, Dept. of Mines and Minerals.
George C. Perry, III, John David Preston, Perry and Preston, Paintsville, for appellee, Arthur Moore.
Mark C. Webster, Louisville, for Special Fund.
David Allen Barber, Barber, Rowland & Paxton, Prestonsburg, Administrative Law Judge.
L.T. Grant, Com'r, Dept. of Workers' Claims, Valerie L. Salven, Workers' Compensation Bd., Frankfort, Workers' Compensation Bd.
Supreme Court of Kentucky.
REYNOLDS, Justice.
In two consolidated cases we address the issue of the constitutionality of KRS 342.732(1)(d) which declares:
If the administrative law judge finds that an employee has occupational pneumoconiosis with a radiographic classification of category 2/1, 2/2, 2/3, 3/2, 3/3, or progressive massive fibrosis, based on the latest 1LO International Classification of Radiographics, there shall be an irrebuttable presumption that the employee is totally...
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