Westmoreland Coal Company, Inc v. Johnny Fortner


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 14-0412 BLA Copies to all parties and the district court/agency. [999991777].. [15-2491]

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Appeal: 15-2491 Doc: 36 Filed: 12/21/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2491 WESTMORELAND COAL COMPANY, INCORPORATED, Petitioner, v. JOHNNY FORTNER; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (14-0412 BLA) Submitted: November 30, 2016 Decided: December 21, 2016 Before MOTZ, KEENAN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Paul E. Frampton, Michael J. Schessler, BOWLES RICE LLP, Charleston, West Virginia, for Petitioner. Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia; M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Counsel for Appellate Litigation, Rita A. Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-2491 Doc: 36 Filed: 12/21/2016 Pg: 2 of 2 PER CURIAM: Westmoreland 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 subsequent claim filed by Johnny Fortner pursuant to 30 U.S.C. §§ 901-944 (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. Westmoreland Coal Co. v. Fortner, No. 14-0412 BLA (B.R.B. Sept. 30, 2015). 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

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