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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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