Ray Ballou v. Enterprise Mining Co., LLC
2016 SC 000039
Ky.Apr 18, 2017Background
- Ray Ballou, born 1942, worked as an underground coal miner until 2012 and last exposed to coal dust at age 69; he has a 9th grade education and no GED.
- Medical findings: radiographic classification of Category 1/1 coal workers’ pneumoconiosis and spirometric values above 80%, i.e., medically eligible for retraining incentive benefits (RIB).
- ALJ awarded RIB but conditioned payment of income benefits on Ballou’s enrollment and active participation in an approved retraining or educational program because of his age.
- KRS 342.732(1)(a) creates three RIB components: (1) income benefits while enrolled in approved training, (2) payment of tuition to the institution, and (3) lump-sum completion bonuses.
- KRS 342.732(1)(a)7 permits medically eligible employees aged 57–64 (age 57 or older but before 65) to elect a monetary benefit in lieu of RIB; employees 65+ are not eligible for that in‑lieu option.
- Ballou challenged the statute’s age classification as an equal protection violation; the Kentucky Supreme Court affirmed the Court of Appeals upholding the classification.
Issues
| Issue | Ballou's Argument | Enterprise / State's Argument | Held |
|---|---|---|---|
| Whether KRS 342.732(1)(a)7’s age-based classification (57–65 in‑lieu option) violates equal protection | The statute denies Ballou benefits based solely on age (i.e., employees 65+ lose the in‑lieu option) | The statute rationally distinguishes employees near retirement (57–65) who are less likely to retrain; a monetary in‑lieu option better induces them to leave mining and prevent impairment | Court upheld statute under rational-basis review: classification is rationally related to RIB’s purpose |
Key Cases Cited
- U.S. Bank Home Mortgage v. Schrecker, 455 S.W.3d 382 (standard of review: de novo on questions of law)
- Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (workers’ compensation classifications reviewed under rational‑basis for social/economic legislation)
- Kem Coal Co. v. Turner, 920 S.W.2d 86 (purpose of RIB is to encourage departure from mining before impairment)
- Elk Horn Coal Corp. v. Cheyenne Resources, Inc., 163 S.W.3d 408 (Kentucky Constitution’s equal protection requires a reasonable basis in social/economic legislation)