Island Creek Coal Company v. Larry Hargett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 12-0158-BLA,2009-BLA-5932 Copies to all parties and the district court/agency. [999596025].. [13-1193]

Appeal: 13-1193

Doc: 55

Filed: 06/04/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1193

ISLAND CREEK COAL COMPANY,
Petitioner,
v.
LARRY F. HARGETT; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(12-0158-BLA)

Submitted:

May 29, 2015

Decided:

June 4, 2015

Before WILKINSON, SHEDD, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Ashley M. Harman, JACKSON KELLY PLLC, Morgantown, West Virginia,
for Petitioner.
Joseph E. Wolfe, Ryan C. Gilligan, WOLFE,
WILLIAMS, RUTHERFORD & REYNOLDS, Norton, Virginia; M. Patricia
Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor,
Gary K. Stearman, Counsel for Appellate Litigation, Rita A.
Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-1193

Doc: 55

Filed: 06/04/2015

Pg: 2 of 2

PER CURIAM:
Island

Creek

Coal

Company

seeks

review

of

the

Benefits

Review Board’s decision and order affirming the administrative
law judge’s (ALJ) award of black lung benefits to former miner
Larry F. Hargett, pursuant to 30 U.S.C. §§ 901-945 (2012). *

Our

review of the record discloses that the ALJ’s decision is based
upon

substantial

evidence

without reversible error.
review.
legal
before

and

that

the

Board’s

decision

is

Accordingly, we deny the petition for

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
PETITION DENIED

*

This case was in abeyance pending the decision in Hobet
Mining LLC v. Epling, 783 F.3d 498 (4th Cir. 2015), which was
argued in seriatim with W. Va. CWP Fund v. Bender, 782 F.3d 129
(4th Cir. 2015).
Both cases have been decided, and we have
considered them in our analysis of this appeal.

2