West Virginia CWP Fund v. Carl Matlick, No. 13-1922 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1922 WEST VIRGINIA CWP FUND, as carrier for East View Trucking, Inc., Petitioner, v. CARL E. MATLICK; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (12-0543-BLA) Submitted: April 17, 2014 Decided: April 25, 2014 Before NIEMEYER and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. William S. Mattingly, Jeffrey R. Soukup, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. Cheryl Catherine Cowen, Waynesburg, Pennsylvania; Sean Gregory Bajkowski, Kathleen Kim, Gary K. Stearman, 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 Unpublished opinions are not binding precedent in this circuit.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 seeks review of the Benefits Review Board s decision and order affirming the Administrative Law Judge s ( ALJ ) award of black lung benefits to Carl E. Matlick, pursuant to 30 U.S.C. §§ 901-945 (2012). the record substantial discloses that evidence and the is ALJ s without Our review of decision is reversible based error. upon See Island Creek Coal Co. v. Compton, 211 F.3d 203, 207-08 (4th Cir. 2000) (providing standard of review). petition for review. facts and materials legal before Accordingly, we deny the 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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