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

Filing

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.

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