Ray Ballou v. Enterprise Mining Co., LLC

OPINION OF THE COURT BY

JUSTICE KELLER

An Administrative Law Judge (ALJ) found that Ray Ballou has a radiographic classification of category 1/1 coal workers’ pneumoconiosis (CWP) with spirometric test values that exceed 80%. Based on those findings, the ALJ awarded Ballou retraining incentive benefits (RIB). However, because of Ballou’s advanced age, the ALJ found that Ballou could not receive those benefits unless he participated in an approved retraining or educational program. Ballou challenges the constitutionality of the RIB statute’s age Classifications. Having reviewed the record and…