Newberg v. Price

OPINION OF THE COURT

Claimant sought benefits for coal workers’ pneumoconiosis pursuant to KRS 342.732.

The relevant medical evidence was as follows:

PHYSI- X-RAYS HEIGHT FVC FEV1 CIAN

Anderson 1/1 69 ⅝" 65.9% 53.5%

Baker 1/2 67" 81.0% 77.0%

Bassáli 0/0 (no pulmonary tests)

Broudy 0/1 68" 86.0% 84.0%

Spitz 0/0 (no pulmonary tests)

Wright 0/0 70 " 90.0% 74.0%

The Administrative Law Judge (ALJ) determined that claimant had contracted category 1 pneumoconiosis and chose to accept Dr. Anderson’s evidence of pulmonary function. Based on Dr. Anderson’s reported FEV1 value, which equalled 53.5% of the…