McElroy Coal Company v. DOWCP

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 13-0592 BLA Copies to all parties and the district court/agency. [999716673].. [15-1322]

Appeal: 15-1322

Doc: 53

Filed: 12/11/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1322

MCELROY COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; ROGER D. KENNEDY,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(13-0592 BLA)

Submitted:

November 30, 2015

Decided:

December 11, 2015

Before WILKINSON, AGEE, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jeffrey R. Soukup, Kevin M. McGuire, Williams S. Mattingly,
JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner.
M.
Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate
Solicitor, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR,
Washington, D.C.; Anne Megan Davis, Thomas E. Johnson, JOHNSON,
JONES, SNELLING, GILBERT & DAVIS, P.C., Chicago, Illinois, for
Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1322

Doc: 53

Filed: 12/11/2015

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 living miner benefits to former miner Roger D.
Kennedy,

pursuant

to

30

U.S.C.

§§ 901-945

subsequent order denying reconsideration.
record

discloses

that

the

ALJ’s

(2012)

and

its

Our review of the

decision

is

based

upon

substantial evidence and that the Board’s decision is without
reversible error.

Accordingly, we deny the petition for review.

We

oral

dispense

contentions

with
are

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

PETITION DENIED

2