Consolidation Coal Company v. Fuller Varner, No. 14-1322 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1322 CONSOLIDATION COAL COMPANY, Petitioner, v. FULLER W. VARNER; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (13-0188-BLA) Submitted: October 30, 2015 Decided: December 17, 2015 Before WILKINSON, KEENAN, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. Heath M. Long, PAWLOWSKI, BILONICK & LONG, Ebensburg, Pennsylvania; M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Maia S. Fisher, Deputy Associate Solicitor, Sean G. Bajkowski, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., 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 Unpublished opinions are not binding precedent in this circuit.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 on a claim filed by Fuller W. Varner pursuant to 30 U.S.C. §§ 901-945 (2012). review of the record discloses that the Board’s Our decision is based upon substantial evidence and is without reversible error. Consolidation Coal Co. v. Varner, No. 13-0188-BLA (B.R.B. Feb. 5, 2014). Accordingly, we deny the petition for review. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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