Janice Trump v. Eastern Associated Coal Corp

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 13-0537 BLA,2008-BLA-05114 Copies to all parties and the agency. [999562656]. [14-1745]

Appeal: 14-1745

Doc: 38

Filed: 04/10/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1745

JANICE FAYE TRUMP, o/b/o and Widow of Jesse Willard Trump,
Petitioner,
v.
EASTERN ASSOCIATED COAL CORPORATION; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF
LABOR,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(13-0537 BLA)

Submitted:

March 31, 2015

Decided:

April 10, 2015

Before SHEDD, FLOYD, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Timothy C. MacDonnell, David T. Long, Jr., Black Lung Legal
Clinic, WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW, Lexington,
Virginia, for Petitioner.
Mark E. Solomons, Laura Metcoff
Klaus, GREENBERG TRAURIG LLP, Washington, D.C.; Michelle S.
Gerdano, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR,
Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1745

Doc: 38

Filed: 04/10/2015

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PER CURIAM:
Janice Faye Trump, on behalf of deceased former miner Jesse
Willard
decision

Trump,
and

seeks

order

review

affirming

of

the

the

Benefits

Review

administrative

law

Board’s
judge’s

denial of living miner benefits to Mr. Trump under the Black
Lung Benefits Act, 30 U.S.C. §§ 901-945 (2012).

Our review of

the record 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.

Trump v. E. Assoc. Coal Corp., No. 13-0537

BLA

2014).

(B.R.B.

May

29,

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

2