McElroy Coal Company v. Mikel Trader

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 12-0658-BLA. Copies to all parties and the district court/agency. [999393761]. [13-2415]

Appeal: 13-2415

Doc: 38

Filed: 07/11/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2415

MCELROY COAL COMPANY; CONSOLIDATION COAL COMPANY,
Petitioners,
v.
MIKEL C. TRADER; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(12-0658-BLA)

Submitted:

June 30, 2014

Decided:

July 11, 2014

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West
Virginia, for Petitioners. Heath M. Long, PAWLOWSKI, BILONICK &
LONG, Ebensburg, Pennsylvania; Jeffrey Steven Goldberg, Gary K.
Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-2415

Doc: 38

Filed: 07/11/2014

Pg: 2 of 2

PER CURIAM:
McElroy

Coal

Company

and

Consolidation

Coal

Company

petition for review of the Benefits Review Board’s decision and
order affirming the administrative law judge’s award of black
lung benefits pursuant to 30 U.S.C. §§ 901-945 (2012).

Our

review of the parties’ briefs and the record on appeal discloses
that the Board’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.

McElroy Coal

Co. v. Trader, No. 12-0658-BLA (B.R.B. Sept. 24, 2013).
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

PETITION DENIED

2