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DAY v. FAIRBANKS COAL CO.

No. 2004-SC-0262-WC, 2004-SC-0289-WC.

160 S.W.3d 777 (2005)

Lloyd DAY, Appellant, v. FAIRBANKS COAL COMPANY; Hon. Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees, and FAIRBANKS COAL COMPANY, Cross-Appellant, Lloyd Day, Jr.; Hon. Donald G. Smith, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

April 21, 2005.

Attorney(s) appearing for the Case

Mark L. Ford, Harlan, Counsel for Lloyd Day, Jr.

Paul E. Jones, Jones, Walters, Turner & Shelton, PLLC, Pikeville, Counsel for Fairbanks Coal Company.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) rejected the claimant's challenge to the consensus reached by three B-readers as well as his argument that the underlying reports were inadmissible under KRS 342.316(3)(b)1. because they identified the x-ray that was interpreted by a letter of the alphabet rather than the date on which it was taken. Relying on the consensus classification, the ALJ dismissed the application for pneumoconiosis benefits. Although...

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