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HUNTER EXCAVATING v. BARTRUM

No. 2004-SC-0485-WC.

168 S.W.3d 381 (2005)

HUNTER EXCAVATING, Appellant, v. Gordon BARTRUM; Hon. Irene Steen, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 25, 2005.

Attorney(s) appearing for the Case

Paul E. Jones, Terri Smith Walters, Jones, Walters, Turner & Shelton, PLLC, Pikeville, Counsel for Appellant.

Thomas W. Moak, Stumbo, Moak & Nunnery, Prestonsburg, Counsel for Appellee.

OPINION OF THE COURT

As amended effective July 15, 2002, KRS 342.316(3) sets forth a two-step "consensus" procedure for evaluating x-ray evidence of coal workers' pneumoconiosis. KRS 342.316(13) creates a presumption that a consensus x-ray classification is correct absent clear and convincing evidence to the contrary. Appealing an order that denied his application for benefits, the claimant asserted that KRS 342.316(3) and the accompanying regulations deprived him...

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