Consolidation Coal Company v. DOWCP ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2508
CONSOLIDATION COAL COMPANY; CONSOL ENERGY, INCORPORATED,
Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; HERMAN H. WILLIAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board
(13-0036-BLA).
Submitted: July 14, 2014 Decided: June 17, 2015
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
George E. Roeder, III, Kathy L. Snyder, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioners. M. Patricia Smith,
Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary
K. Stearman, Jonathan Peter Rolfe, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C.; Joseph E. Wolfe, Ryan C. Gilligan,
WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS, Norton, Virginia, for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Consolidation Coal Company seeks review of the Benefits
Review Board’s decision and order affirming the administrative
law judge’s award of black lung benefits to former miner Herman
H. Williams, pursuant to 30 U.S.C. §§ 901-945 (2012). Our
review of the record discloses that the ALJ’s decision is based
upon substantial evidence and that the Board’s decision is
without reversible error. Accordingly, we deny the petition for
review. 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
process.
PETITION DENIED
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