McElroy Coal Company v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 13-0224 BLA. Copies to all parties and the district court/agency. [999693573]. [14-1251]

Appeal: 14-1251

Doc: 66

Filed: 11/05/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1251

MCELROY COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; DONN L. WNEK,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(13-0224 BLA)

Submitted:

October 30, 2015

Decided:

November 5, 2015

Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition denied by unpublished per curiam opinion.

Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for
Petitioner.
M. Patricia Smith, Solicitor of Labor, Rae Ellen
James, Associate Solicitor, Gary K. Stearman, Ann Marie
Scarpino, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
Heath
M.
Long,
PAWLOWSKI,
BILONICK
&
LONG,
Ebensburg,
Pennsylvania, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1251

Doc: 66

Filed: 11/05/2015

Pg: 2 of 2

PER CURIAM:
McElroy Coal Company seeks review of the Benefits Review
Board’s

decision

and

order

affirming

the

administrative

law

judge’s award of black lung benefits on a claim filed by Donn L.
Wnek pursuant to 30 U.S.C. §§ 901-945 (2012).
of

the

record,

supported
error.

by

we

conclude

substantial

that

evidence

the
and

Upon our review

Board’s
is

decision

without

is

reversible

See McElroy Coal Co. v. Dir., Office of Workers’ Comp.

Programs, No. 13-0224 BLA (B.R.B. Jan. 14, 2014).
we deny the petition for review.

Accordingly,

We dispense with oral argument

because the facts and legal contentions are adequately presented
in the materials before this Court and argument would not aid
the decisional process.
PETITION DENIED

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