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DURHAM v. PEABODY COAL CO.

Nos. 2007-SC-000792-WC, 2007-SC-000793-WC, 2007-SC-000794-WC.

272 S.W.3d 192 (2008)

Anthony DURHAM, Appellant, v. PEABODY COAL COMPANY; Honorable Richard Joiner, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Glenn Lutz, Appellant, v. Energy Conversion Corporation; Honorable J. Landon Overfield, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Gary Middleton, Appellant, v. Centennial Resources, Inc.; Honorable John B. Coleman, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 22, 2009.

Attorney(s) appearing for the Case

Thomas Elmus Springer III, Adams Law Firm, Madisonville, KY, Counsel for Appellants, Anthony Durham, Glenn Lutz, and Gary Middleton.

Peter J. Glauber, Boehl, Stopher & Graves, LLP, Louisville, KY, Counsel for Appellee, Peabody Coal Company.

Anthony K. Finaldi, John Edward Ballerstedt, Jr., Ferreri & Fogle, PLLC, Louisville, KY, Counsel for Appellee, Energy Conversion Corporation.

Richard Christion Hutson, Sharlott Kay Thompson, Whitlow, Roberts, Houston & Straub, Paducah, KY, Counsel for Appellee, Centennial Resources, Inc.

OPINION OF THE COURT

These appeals concern the consensus procedure that KRS 342.316 mandates in coal workers' pneumoconiosis claims. In each case, an ALJ dismissed the worker's claim, holding that he failed to rebut a consensus of three "B" readers that the best quality x-ray in evidence was negative. The Workers' Compensation Board affirmed. The Court of Appeals affirmed and rejected the workers' argument that the statute violates the 14th Amendment of the United...

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