Itmann Coal Company v. DOWCP


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 13-0351-BLA,15-0123-BLA. Copies to all parties and the district court/agency. [1000005432]. [16-1348]

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Appeal: 16-1348 Doc: 32 Filed: 01/18/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1348 ITMANN COAL Solutions, COMPANY, c/o HealthSmart Casualty Claims Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; MARVIN LAWRENCE, Respondents. On Petiton for Review of an Order of the Benefits Review Board. (15-0123 BLA) Submitted: December 20, 2016 Decided: January 18, 2017 Before KEENAN, WYNN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opinion. Christopher M. Green, JACKSON KELLY PLLC, Charleston, West Virginia, William S. Mattingly, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Marvin Lawrence. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1348 Doc: 32 Filed: 01/18/2017 Pg: 2 of 2 PER CURIAM Itmann Coal Company seeks review of the Benefits Review Board’s decision and judge’s award black of order affirming lung the benefits to administrative former miner Lawrence, pursuant to 30 U.S.C. §§ 910-944 (2012). law Marvin Our review of the record leads us to conclude that the Board’s decision is based on substantial evidence and is without reversible error. See Lawrence v. Itmann Coal Co., No. 15-0123 BLA (B.R.B. Jan. 29, 2016). dispense Accordingly, we deny the petition for review. with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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