West Virginia CWP Fund v. DOWCP
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying petition for review [999909648-2]. Originating case number: 15-0439-BLA. Copies to all parties and the agency. .. [16-1923]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
WEST VIRGINIA CWP FUND, as carrier for C.C. Conley & Sons, Inc.,
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR; DOYLE G. BAILES,
On Petition for Review of an Order of the Benefits Review Board. (15-0439-BLA)
Submitted: May 22, 2017
Decided: June 1, 2017
Before TRAXLER, KEENAN, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M.
Patricia Smith, Solicitor of Labor, Maia S. Fisher, Associate Solicitor, Sean G. Bajkowski,
Counsel for Appellate Litigation, Jeffrey S. Goldberg, UNITED STATES DEPARTMENT
OF LABOR, Washington, D.C.; Carl Hostler, PRIM LAW FIRM, PLLC, Hurricane, West
Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
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West Virginia CWP Fund seeks review of the Benefits Review Board’s decision
and order affirming the administrative law judge’s award of black lung benefits 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. W. Va. CWP Fund v.
Dir., Office of Workers’ Comp. Programs, No. 15-0439-BLA (B.R.B. June 16, 2016). 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
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