Nos. 2010-SC-000311-WC, 2010-SC-000438-WC.

364 S.W.3d 455 (2011)

VISION MINING, INC., Appellant, v. Jesse GARDNER, et al., Appellees, and Peabody Coal Company, Appellant, v. Joe Martinez, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied May 24, 2012.

Attorney(s) appearing for the Case

Anthony Kenneth Finaldi , John Edward Ballerstedt, Jr. , Ferreri & Fogle, PLLC, Louisville, KY, Counsel for Appellant, Vision Mining, Inc.

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

Thomas E. Springer, III , Springer Law Firm, PLLC, Madisonville, KY, Counsel for Appellees, Jesse Gardner and Joe Martinez.

Douglass Wayne Gott , Pushin Building, Bowling Green, KY, Counsel for Appellee, Hon. Douglas W. Gott, Administrative Law Judge.

Russell Scott Borders , Florence, KY, Counsel for Appellee, Hon. R. Scott Borders, Administrative Law Judge.

Dwight Taylor Lovan , Executive Director, Office of Workers' Claims, Frankfort, KY, Counsel for Appellees, Workers' Compensation Board and Dwight Taylor Lovan, Commissioner, Department of Worker's Claims.

Jack Conway , Attorney General, Frankfort, KY, Counsel for Appellee, Hon. Jack Conway, Attorney General of the Commonwealth of Kentucky.

Christopher H. Smith , Kentucky Labor Department, Frankfort, KY, Counsel for Appellee, Christopher J. Smith, Executive Director, Office of Workplace Standards, Kentucky Labor Department.

Peter J. Naake , Louisville, KY, Counsel for Amicus Curiae, United Mine Workers of America, Kentucky Chapter of American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Appalachian Citizens' Law Center, and Kentucky Workers' Association.

Opinion of the Court by Justice SCOTT.

Notwithstanding their 37 and 34 years' work in underground coal mines, the Workers' Compensation Board affirmed decisions to dismiss both Appellants' applications for benefits because the "consensus readings" of their X-rays interpreted them to be negative for coal workers' pneumoconiosis (black lung).1 On review, however, two separate Court of Appeals' panels held the "consensus procedure" required...

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