KY Sup Crt Rules X-Ray Evidence Limitation Unconstitutional

The Kentucky Court of Appeals ruled on Friday that the state's black-lung law that limits the X-ray evidence a coal miner can use to seek workers' compensation benefits denies workers a meaningful opportunity to be heard under both the state's and the US constitutions.In Gordon Bartrum vs. Hunter Excavating, etc., et. al. (2003-CA-002305-WC, 05/28/04), Bartrum appealed an order of the Workers' Compensation Board dated 10/15/03 that denied him pneumoconiosis-based benefits on the grounds that he was limited to "consensus" x-rays at his hearing. The statutory scheme involved is similar to many s...