West Virginia CWP Fund v. Wilbur Reed, No. 12-2204 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2204 WEST VIRGINIA CWP FUND, as insurance carrier for Slab Fork Coal Company, Petitioner, v. WILBUR M. REED; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (11-0707-BLA) Submitted: May 30, 2014 Decided: June 4, 2014 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Ashley M. Harman, Jeffrey R. Soukup, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. John Cline, Piney View, West Virginia; M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean Bajkowski, Counsel of Appellate Litigation, Jonathan Rolfe, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: West Virginia CWP Fund 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 is the record based reversible error. upon on appeal substantial evidence that and the Board s is without Accordingly, we deny the petition for review for the reasons stated by the Board. W. Va. CWP Fund v. Reed, No. 11-0707-BLA (B.R.B. Aug. 30, 2012). 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 2

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