(1) The commissioner shall maintain a list of duly qualified "B" reader physicians who are licensed in the Commonwealth and are board-certified pulmonary specialists, currently certified by the National Institute of Occupational Safety and Health (NIOSH) who have agreed to perform pulmonary examinations, interpret chest X- rays, and review other medical evidence pursuant to KRS 342.316 for a fee to be fixed by the commissioner and paid by the Kentucky coal workers' pneumoconiosis fund or the carrier, whichever is the appropriate payment obligor, the provisions of KRS 342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by the employer for claims filed after June 30, 2017.
(2) "'B' reader" means a physician who has demonstrated proficiency in evaluating chest roentgenograms for roentgenographic quality and in the use of the ILO classification for interpreting chest roentgenograms for pneumoconiosis and other diseases by taking and passing a specially designed proficiency examination given on behalf of the National Institute of Occupational Safety and Health (NIOSH) or by the Appalachian Laboratory for Occupational Safety and Health (ALOSH), or successors.
(3) "Board-certified pulmonary specialist" means a physician licensed in the Commonwealth who is board-certified in internal medicine with a certification in the subspecialty of pulmonary medicine by the American Board of Internal Medicine. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 40, sec. 17, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 173, sec. 9, effective April 10, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1852, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 340, sec. 5, effective July 15, 2002.
Notes of Decisions
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
· cites it 6× “315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Hunter Excavating v. Bartrum, 168 S.W.3d 381 (Ky. 2005).
· cites it 3× “KRS 342.794(1) provides for a list of qualified “B” readers who agree to *385 be hired by the Department under KRS 342.”
Day v. Fairbanks Coal Co., 160 S.W.3d 777 (Ky. 2005).
· cites it 5× “KRS 342.794(1) directs the Commissioner to maintain a list of qualified B-readers *782 who are hired by the Department to interpret chest x-rays when the readings submitted by the parties are not in consensus.”
— Ky. Rev. Stat. § 342.794(1) — 3 cases
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Hunter Excavating v. Bartrum, 168 S.W.3d 381 (Ky. 2005).
“KRS 342.794(1) provides for a list of qualified “B” readers who agree to *385 be hired by the Department under KRS 342.”
Day v. Fairbanks Coal Co., 160 S.W.3d 777 (Ky. 2005).
“KRS 342.794(1) directs the Commissioner to maintain a list of qualified B-readers *782 who are hired by the Department to interpret chest x-rays when the readings submitted by the parties are not in consensus.”
— Ky. Rev. Stat. § 342.794(2) — 1 case
Day v. Fairbanks Coal Co., 160 S.W.3d 777 (Ky. 2005).
“KRS 342.794(1) directs the Commissioner to maintain a list of qualified B-readers *782 who are hired by the Department to interpret chest x-rays when the readings submitted by the parties are not in consensus.”
— Ky. Rev. Stat. § 342.794(3) — 2 cases
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Hunter Excavating v. Bartrum, 168 S.W.3d 381 (Ky. 2005).
“KRS 342.794(1) provides for a list of qualified “B” readers who agree to *385 be hired by the Department under KRS 342.”
— Ky. Rev. Stat. § 342.794(4) — 1 case
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
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