Cain v. 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 courts the claimant’s argument that the consensus process denies equal protection to workers who suffer from coal workers’ pneumoconiosis in violation of the 14th…