Hunter Excavating v. Bartrum

OPINION OF THE COURT

As amended effective July 15, 2002, KRS 342.316(3) sets forth a two-step “consensus” procedure for evaluating x-ray evidence of coal workers’ pneumoconiosis. KRS 342.316(13) creates a presumption that a consensus x-ray classification is correct absent clear and convincing evidence to the contrary. Appealing an order that denied his application for benefits, the claimant asserted that KRS 342.316(3) and the accompanying regulations deprived him of a meaningful opportunity to rebut the consensus, thereby violating his right to due process under the constitutions of the…