Kentucky

WORKERS COMP: Constitutionality of Consensus Procedure in Pneumoconiosis cases: DURHAM V. PEABODY COAL CO. (SC 10/23/2008)

By Michael Stevens

ANTHONY DURHAM V. PEABODY COAL CO.
WORKERS COMP:  Constitutionality of Consensus Procedure in Pneumoconiosis cases 
2007-SC-000792-WC.pdf
2007-SC-000793-WC.pdf
2007-SC-000794-WC.pdf
PUBLISHED:  AFFIRMING
OPINION OF THE COURT
FROM COURT OF APPEALS
DATE RENDERED: 10/23/2008

These consolidated appeals dealt with whether the consensus procedures for workers' compensation pneumoconiosis claims are constitutional. The miners argued that they treat pneumoconiosis claims differently than traumatic injury claims, unfairly making it more difficult to prove entitlement to compensation for those injured workers afflicted with the disease as compared to those who have been injured in a different way. The Court held that because these procedures required objective medical evidence of existence of the disease, as do the rules for traumatic injury, they afford miners with pneumoconiosis equal protection under the law. Justice Scott dissented, he would find the procedures unconstitutional. 

By: Peter J. Naake, Editor 

Full post as published by Kentucky Cases on December 15, 2008 (boomark / email).