2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.794 "B" reader list -- Consensus classifications -- Report evaluating physicians on list -- Removal of physicians.

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Page 1 of 1 342.794 &quot;B&quot; reader list -- Consensus classifications -- Report evaluating physicians on list -- Removal of physicians. (1) The commissioner shall maintain a list of duly qualified &quot;B&quot; reader physicians who are licensed in the Commonwealth. The list shall include &quot;B&quot; reader physicians at <br>the university medical schools and other &quot;B&quot; reader physicians certified by the <br>National Institute of Occupational Safety and Health (NIOSH) who have agreed to <br>interpret chest X-rays pursuant to KRS 342.316 for a fee to be fixed by the <br>commissioner and paid by the Kentucky coal workers' pneumoconiosis fund, the <br>provisions of KRS 342.1242 notwithstanding. (2) Physicians from the &quot;B&quot; reader list shall be utilized as necessary to obtain consensus classifications of chest films in coal workers' pneumoconiosis claims. The <br>consensus classification shall be presumed to be the correct classification of the <br>employee's condition unless overcome by clear and convincing evidence. If an <br>administrative law judge finds that the presumption of correctness of the consensus <br>reading has been overcome, the reasons shall be specially stated in the <br>administrative law judge's order. (3) &quot;'B' reader&quot; means a physician who has demonstrated proficiency in evaluating chest roentgenograms for roentgenographic quality and in the use of the ILO <br>classification for interpreting chest roentgenograms for pneumoconiosis and other <br>diseases by taking and passing a specially designed proficiency examination given <br>on behalf of the National Institute of Occupational Safety and Health (NIOSH) or <br>by the Appalachian Laboratory for Occupational Safety and Health (ALOSH), or <br>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 &quot;B&quot; <br>reader list who have participated in the consensus procedure established in KRS <br>342.316. The physicians shall be evaluated with respect to the timeliness and <br>completeness of their reports, as well as the frequency at which the physician's <br>classification of X-rays differs from the consensus reading. The commissioner shall <br>remove a physician from the &quot;B&quot; reader list if the physician consistently renders <br>incomplete or untimely reports, or if the physician's interpretations of X-rays are not <br>in conformity with the consensus reading fifty percent (50%) of the time. The report <br>required under this subsection shall be provided to the Interim Joint Committee on <br>Labor and Industry beginning in July 1, 2003 and by July 1 of each year thereafter. Effective: July 15, 2010 <br>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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