McElroy Coal Company v. DOWCP, No. 15-1322 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1322 MCELROY COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; ROGER D. KENNEDY, Respondents. On Petition for Review of an Order of the Benefits Review Board. (13-0592 BLA) Submitted: November 30, 2015 Decided: December 11, 2015 Before WILKINSON, AGEE, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Jeffrey R. Soukup, Kevin M. McGuire, Williams S. Mattingly, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Anne Megan Davis, Thomas E. Johnson, JOHNSON, JONES, SNELLING, GILBERT & DAVIS, P.C., Chicago, Illinois, 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 Unpublished opinions are not binding precedent in this circuit.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 living miner benefits to former miner Roger D. Kennedy, pursuant to 30 U.S.C. §§ 901-945 subsequent order denying reconsideration. record discloses that the ALJ’s (2012) and its Our review of the decision is based upon substantial evidence and that the Board’s decision is without reversible error. Accordingly, we deny the petition for review. We oral dispense contentions with are argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. PETITION DENIED 2

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