Elk Run Coal Company, Inc v. DOWCP, No. 12-1398 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1398 ELK RUN COAL COMPANY, INCORPORATED, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; WANLESS MCARTHUR HARVEY, Respondents. On Petition for Review of an Order of the Benefits Review Board (11-0305-BLA). Submitted: May 30, 2014 Before DUNCAN Circuit Judge. and WYNN, Decided: Circuit Judges, and June 3, 2014 DAVIS, Senior Petition denied by unpublished per curiam opinion. Ashley M. Harman, Tiffany B. Davis, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean G. Bajkowski, Counsel for Appellate Litigation, Ann Marie Scarpino, 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 Unpublished opinions are not binding precedent in this circuit.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: Elk Run Coal Company, Inc., petitions for 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. §§ 901-945 (2012). Our review of the parties briefs discloses and decision the is record based reversible error. on upon appeal substantial that evidence and the Board s is without Accordingly, we deny the petition for review for the reasons stated by the Board. Elk Run Coal Co., Inc. v. Dir., Office of Workers Comp. Programs, No. 11-0305-BLA (B.R.B. Jan. 30, 2012). facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. PETITION DENIED 2

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