Elk Run Coal Company, Inc v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 11-0305-BLA Copies to all parties and the district court/agency. [999367819]. [12-1398]

Appeal: 12-1398

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Filed: 06/03/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1398

ELK RUN COAL COMPANY, INCORPORATED,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; WANLESS MCARTHUR HARVEY,
Respondents.

On Petition for Review of an Order of the Benefits Review Board
(11-0305-BLA).

Submitted:

May 30, 2014

Before DUNCAN
Circuit Judge.

and

WYNN,

Decided:

Circuit

Judges,

and

June 3, 2014

DAVIS,

Senior

Petition denied by unpublished per curiam opinion.

Ashley M. Harman, Tiffany B. Davis, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioner.
M. Patricia Smith,
Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean
G. Bajkowski, Counsel for Appellate Litigation, Ann Marie
Scarpino, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD &
REYNOLDS, Norton, Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-1398

Doc: 53

Filed: 06/03/2014

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PER CURIAM:
Elk Run Coal Company, Inc., petitions for review of
the Benefits Review Board’s decision and order affirming the
administrative law judge’s award of black lung benefits pursuant
to 30 U.S.C. §§ 901-945 (2012).

Our review of the parties’

briefs

discloses

and

decision

the

is

record

based

reversible error.

on

upon

appeal

substantial

that

evidence

and

the

Board’s

is

without

Accordingly, we deny the petition for review

for the reasons stated by the Board.

Elk Run Coal Co., Inc. v.

Dir., Office of Workers’ Comp. Programs, No. 11-0305-BLA (B.R.B.
Jan. 30, 2012).
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

PETITION DENIED

2