Westmoreland Coal Company, Inc v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 11-0807-BLA Copies to all parties and the district court/agency. [999195927].. [12-2342]

Appeal: 12-2342

Doc: 30

Filed: 09/18/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2342

WESTMORELAND COAL COMPANY, INCORPORATED,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; CARL RAMEY,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(11-0807-BLA)

Submitted:

July 29, 2013

Decided:

September 18, 2013

Before MOTZ, KING, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Paul
E.
Frampton,
Thomas
M.
Hancock,
BOWLES
RICE
LLP,
Charleston, West Virginia, for Petitioner.
Joseph E. Wolfe,
Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS,
Norton, Virginia, for Respondent Carl Ramey.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2342

Doc: 30

Filed: 09/18/2013

Pg: 2 of 2

PER CURIAM:
Westmoreland Coal Company petitions for review of the
Benefits Review Board’s (“Board”) decision and order affirming
the

Administrative

Law

Judge’s

(“ALJ”)

grant

of

benefits

to

former employee Carl Ramey under the Black Lung Benefits Act, 30
U.S.C. §§ 901-945 (2006).

Our review of the record reveals that

the ALJ’s decision is based upon substantial evidence and is
without reversible error.

Accordingly, we deny the petition for

review for the reasons stated by the Board.

Westmoreland Coal

Co. v. Dir., Office of Workers’ Comp. Programs, No. 11-0807-BLA
(Aug. 31, 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