By Joe Biesk
The Associated Press
FRANKFORT - Kentucky's "black lung" law unfairly limits the amount of X-ray evidence a coal miner can use in trying to prove a case for workers' compensation, the state Court of Appeals has ruled.
Miners who lose their claim are thereby denied a meaningful opportunity to rebut the decision, the court's majority ruling said.
The ruling was made by the entire 14-member court.
The case pitted Gordon Bartrum against the Workers' Compensation Board, an administrative law judge and Bartrum's employer, Hunter Excavating.
At issue was a section of the law that allows a black-lung claimant and the claimant's employer to each submit a single lung X-ray and physician's report. If findings differ, the X-rays are submitted to three randomly selected experts for a consensus ruling that is legally presumed correct.
Bartrum, who lost his claim, had submitted three X-rays but a law judge permitted the use of just one. On appeal, Bartrum said the restriction violated his constitutional right to due process.
Crowley: Frohlich unopposed for circuit judge seat
Warren inmates rally to finance puppy's surgery
TOP LOCAL HEADLINES
County gets 'Cops' off ground
On first day, few seniors go for Medicare discount
Search of Hill's home was proper
Youngsters adopt Pfc. Maupin
Mom dreads loss of second child
Late-teen drivers a worry
Fox Highway to be stripped of 'Fox'
Leis presses for new jail
Long wait ends for police; 1986 murder suspect pleads
Washington Park plan unveiled
Man faces charges in police-chase crash
Traffic penalties increase
Local news briefs
Brother: 'I do not blame police'
New YMCA in Burlington is opening with a splash
Judge weighs mother's insanity plea
Miner wins case over black-lung evidence
Special athletes gathering at EKU
Crestview Hills studies construction options
Weekend storms leave state cleaning up heavy damage
Bridge faces swan song
Warren Co. to add office in courtroom
Neighbors news briefs