Westmoreland Coal Company, Inc v. Johnny Fortner

Filing

UNPUBLISHED PER CURIAM OPINION filed.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

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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