(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.
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Terms Used In Kentucky Statutes 342.794

  • Board: means the Workers' Compensation Board. See Kentucky Statutes 342.0011
  • Carrier: means any insurer, or legal representative thereof, authorized to insure the liability of employers under this chapter and includes a self-insurer. See Kentucky Statutes 342.0011
  • Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Physician: means physicians and surgeons, psychologists, optometrists, dentists, podiatrists, and osteopathic and chiropractic practitioners acting within the scope of their license issued by the Commonwealth. See Kentucky Statutes 342.0011

(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.