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

Filing

AMENDED OPINION and JUDGMENT FILED. The award of benfits is REVERSED and the case is REMANDED. Decision for publication. Alice M. Batchelder and Raymond M. Kethledge, Circuit Judges; and Judith E. Levy (AUTHORING), U.S. District Judge for the Eastern Distric of Michigan, sitting by designation.

Case: 15-3999

Document: 27-3

Filed: 01/24/2017

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
Jan 24, 2017
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
On Petition for Review of an
Order of the Benefits Review Board.
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 is REVERSED, and the case is REMANDED for
proceedings consistent with the opinion of this court.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk