McElroy Coal Company v. DOWCP, No. 14-1251 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1251 MCELROY COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; DONN L. WNEK, Respondents. On Petition for Review of an Order of the Benefits Review Board. (13-0224 BLA) Submitted: October 30, 2015 Decided: November 5, 2015 Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Ann Marie Scarpino, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Heath M. Long, PAWLOWSKI, BILONICK & LONG, Ebensburg, Pennsylvania, for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: McElroy Coal Company seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s award of black lung benefits on a claim filed by Donn L. Wnek pursuant to 30 U.S.C. §§ 901-945 (2012). of the record, supported error. by we conclude substantial that evidence the and Upon our review Board’s is decision without is reversible See McElroy Coal Co. v. Dir., Office of Workers’ Comp. Programs, No. 13-0224 BLA (B.R.B. Jan. 14, 2014). we deny the petition for review. Accordingly, 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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