Aberry Coal, Inc., et al v. Joseph Fleming, et al


OPINION and JUDGMENT filed : The award of benefits by the Benefits Review Board is REVERSED, and the case is REMANDED. Decision for publication. Alice M. Batchelder (CONCURRING THE JUDGMENT) and Raymond M. Kethledge, Circuit Judges; Judith E. Levy (AUTHORING), United States District Judge for the Eastern District of Michigan, sitting by designation.

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Case: 15-3999 Document: 24-3 Filed: 12/01/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-3999 ABERRY COAL, INCORPORATED; ARROWPOINT CAPITAL INC., c/o Underwriters Safety & Claims, Petitioners, FILED Dec 01, 2016 DEBORAH S. HUNT, Clerk v. JOSEPH FLEMING; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. Before: BATCHELDER and KETHLEDGE, Circuit Judges; LEVY, District Judge. JUDGMENT THIS MATTER came before the court upon the petition for review by Aberry Coal, Incorporated and Arrowpoint Capital Inc. of an order of the Benefits Review Board. UPON FULL REVIEW of the record and the briefs of the Petitioners and Respondent Fleming, IT IS ORDERED that the award of benefits by the Benefits Review Board is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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