WORKERS COMP: LUTZ V. ENERGY CONVERSION CORP. (COA 9/28/2007)

LUTZ V. ENERGY CONVERSION CORP.
WORKERS COMP:  Constitutionality of Pneumoconiosis statute

2006-CA-002628
PUBLISHED: AFFIRMING
PANEL:  BUCKINGHAM PRESIDING; HOWARD CONCURS; STUMBO DISSENTS W/SEP. OPINION
WORKERS COMPENSATION BOARD
DATE RENDERED: 09/28/2007

The claimant, a life long coal miner, challenged the clear and convincing burden of proof to overcome the consensus of a panel of experts, who found that he did not suffer from pneumoconiosis. The Court of Appeals rejected the argument, holding taht the statute reasonably classifies pneumoconiosis claims differently from traditional injury claims. Stumbo dissents, as she would hold that the statute denies equal protection to miners with this type of disease.

Digested by Peter Naake
Priddy, Cutler, Miller & Meade

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