There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.794 "B" reader list -- Consensus classifications -- Report evaluating physicians on list -- Removal of physicians.
Download pdfthe university medical schools and other "B" reader physicians certified by the
National Institute of Occupational Safety and Health (NIOSH) who have agreed to
interpret chest X-rays pursuant to KRS 342.316 for a fee to be fixed by the
commissioner and paid by the Kentucky coal workers' pneumoconiosis fund, the
provisions of KRS 342.1242 notwithstanding. (2) Physicians from the "B" reader list shall be utilized as necessary to obtain consensus classifications of chest films in coal workers' pneumoconiosis claims. The
consensus classification shall be presumed to be the correct classification of the
employee's condition unless overcome by clear and convincing evidence. If an
administrative law judge finds that the presumption of correctness of the consensus
reading has been overcome, the reasons shall be specially stated in the
administrative law judge's order. (3) "'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. (4) The university medical schools in consultation with the commissioner shall jointly develop a procedure to annually report the performance of physicians on the "B"
reader list who have participated in the consensus procedure established in KRS
342.316. The physicians shall be evaluated with respect to the timeliness and
completeness of their reports, as well as the frequency at which the physician's
classification of X-rays differs from the consensus reading. The commissioner shall
remove a physician from the "B" reader list if the physician consistently renders
incomplete or untimely reports, or if the physician's interpretations of X-rays are not
in conformity with the consensus reading fifty percent (50%) of the time. The report
required under this subsection shall be provided to the Interim Joint Committee on
Labor and Industry beginning in July 1, 2003 and by July 1 of each year thereafter. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1852, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 340, sec. 5, effective July 15, 2002.
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