Ceres Marine Terminals, Inc. v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 14-0124,14-0124A. Copies to all parties and the district court/agency. [999639701]. [14-2407]

Appeal: 14-2407

Doc: 47

Filed: 08/13/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2407

CERES MARINE TERMINALS, INC.,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; ANTHONY K. WALLACE; TARTAN
TERMINALS,
INCORPORATED;
AMERICAN
LONGSHORE
MUTUAL
ASSOCIATION, LTD.,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(14-0124; 14-0124A)

Submitted:

July 31, 2015

Decided:

August 13, 2015

Before SHEDD, FLOYD, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Lawrence P. Postol, SEYFARTH SHAW, L.L.P., Washington, D.C., for
Petitioner.
Heather H. Kraus, SEMMES, BOWEN, and SEMMES,
Baltimore, Maryland; Patrick Marlin Wysong, BERMAN, SOBIN,
GROSS, FELDMAN & DARBY, LLP, Lutherville, Maryland; Kathleen
Kim, Mark A. Reinhalter, UNITED STATES DEPARTMENT OF LABOR,
Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2407

Doc: 47

Filed: 08/13/2015

Pg: 2 of 2

PER CURIAM:
Ceres Marine Terminals, Inc., seeks review of the Benefits
Review Board’s decision and order affirming the administrative
law judge’s (“ALJ”) order finding that Ceres is the employer
responsible for payment of temporary total disability benefits
to Anthony K. Wallace, pursuant to 33 U.S.C. §§ 901-950 (2012).
Our review of the record discloses that the ALJ and the Board
applied the proper legal standard, and the ALJ’s decision is
based

upon

substantial

petition for review.
facts

and

materials

legal
before

evidence.

Accordingly,

we

deny

the

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
PETITION DENIED

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