West Virginia CWP Fund v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

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