Kentucky High Court Backs Miners In Black Lung Case

Law360, New York (December 22, 2011, 6:39 PM EST) -- Kentucky's process for miners seeking workers' compensation benefits based on coal workers' pneumoconiosis — or black lung — is unconstitutional because the miners face tougher requirements than people who suffer from pneumoconiosis from other sources, the state Supreme Court ruled Thursday.

In a published opinion, a majority of the justices on Kentucky's highest court opted to affirm intermediate appellate decisions that concluded that the state statute that lays out the evidentiary procedure and standard for coal workers' pneumoconiosis claims denied claimants Jesse Gardner and Joe Martinez...
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