West Virginia CWP Fund v. DOWCP


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: BRB No. 12-0527-BLA and 12-0527 BLA-A Copies to all parties and the district court/agency. [999602647].. [13-1914]

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Appeal: 13-1914 Doc: 58 Filed: 06/16/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1914 WEST VIRGINIA CWP FUND, Company, Incorporated, as carrier for Economy Fuel Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; BERNARD CLINE, Respondents. On Petition for Review of an Order of the Benefits Review Board (12-0527-BLA & 12-0527-BLA-A). Submitted: May 29, 2015 Decided: June 16, 2015 Before WILKINSON, SHEDD, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. William S. Mattingly, Jeffrey R. Soukup, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Counsel for Appellate Litigation, Sarah M. Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Leonard J. Stayton, Inez, Kentucky, for Respondents. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-1914 Doc: 58 Filed: 06/16/2015 Pg: 2 of 2 PER CURIAM: West Virginia CWP Fund seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s award of black lung benefits to former miner Bernard Cline, pursuant to 30 U.S.C. §§ 901-945 (2012). * the record discloses that the ALJ’s decision Our review of is based upon substantial evidence and that the Board’s decision is without reversible error. Accordingly, we deny the petition for review. We oral dispense contentions with are argument adequately because presented in the facts and the materials legal before this court and argument would not aid the 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). 2

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