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UNPUBLISHED PER CURIAM OPINION filed.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. .. [13-1914]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
WEST VIRGINIA CWP FUND,
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; BERNARD CLINE,
On Petition for Review of an Order of the Benefits Review Board
(12-0527-BLA & 12-0527-BLA-A).
May 29, 2015
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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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West Virginia CWP Fund seeks review of the Benefits Review
judge’s award of black lung benefits to former miner Bernard
Cline, pursuant to 30 U.S.C. §§ 901-945 (2012). *
Our review of
substantial evidence and that the Board’s decision is without
Accordingly, we deny the petition for review.
this court and argument would not aid the decisional process.
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).
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