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CAIN v. LODESTAR ENERGY, INC.

No. 2008-SC-000178-WC.

302 S.W.3d 39 (2009)

Larry CAIN, Appellant, v. LODESTAR ENERGY, INC.; Honorable J. Landon Overfield, Administrative Law Judge; Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 27, 2009.

Attorney(s) appearing for the Case

Thomas Elmus Springer III, Adams Law Firm, Madisonville, KY, Counsel for Appellant, Larry Cain.

Stanley S. Dawson, Fulton & Devlin, Louisville, KY, Counsel for Appellee, Lodestar Energy, Inc.

OPINION OF THE COURT

Although both parties' experts reported the existence of at least category 1 coal workers' pneumoconiosis, an Administrative Law Judge (ALJ) dismissed this retraining incentive benefit (RIB) claim because the claimant failed to rebut the consensus of a panel of three "B" readers that the best quality x-ray in evidence showed only category 0/0 disease.1 The Workers' Compensation Board affirmed and deferred to the...

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