NBL Coal Company, Incorporated v. DOWCP


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 14-0036 BLA. Copies to all parties and the agency.[999593374]. [14-2064]

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Appeal: 14-2064 Doc: 37 Filed: 06/01/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2064 NBL COAL COMPANY, COMPANY, INCORPORATED; LIBERTY MUTUAL INSURANCE Petitioners, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; TROY A. MOORE, Respondents. On Petition for Review of an Order of the Benefits Review Board. (14-0036 BLA) Submitted: April 28, 2015 Decided: June 1, 2015 Before KEENAN, WYNN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. John R. Sigmond, Nathaniel D. Moore, PENN, STUART & ESKRIDGE, Bristol, Tennessee, for Petitioners. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean G. Bajkowski, Counsel for Appellate Litigation, Barry H. Joyner, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondents. Unpublished opinions are not binding precedent in this circuit. Appeal: 14-2064 Doc: 37 Filed: 06/01/2015 Pg: 2 of 2 PER CURIAM: NBL Board’s Coal Company decision and seeks order review of affirming the the Benefits Review administrative law judge’s award of black lung benefits on a claim filed by Troy A. Moore pursuant to 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. Comp. Programs, dispense with contentions are No. oral NBL Coal Co. v. Dir., Office of Workers’ 14-0036 BLA argument adequately (B.R.B. because presented in Aug. the the 7, facts 2014). We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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