Westmoreland Coal Company, Incorporated v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2342
WESTMORELAND COAL COMPANY, INCORPORATED,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; CARL RAMEY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(11-0807-BLA)
Submitted: July 29, 2013 Decided: September 18, 2013
Before MOTZ, KING, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Paul E. Frampton, Thomas M. Hancock, BOWLES RICE LLP,
Charleston, West Virginia, for Petitioner. Joseph E. Wolfe,
Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS,
Norton, Virginia, for Respondent Carl Ramey.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Westmoreland Coal Company petitions for review of the
Benefits Review Board’s (“Board”) decision and order affirming
the Administrative Law Judge’s (“ALJ”) grant of benefits to
former employee Carl Ramey under the Black Lung Benefits Act, 30
U.S.C. §§ 901-945 (2006). Our review of the record reveals that
the ALJ’s decision is based upon substantial evidence and is
without reversible error. Accordingly, we deny the petition for
review for the reasons stated by the Board. Westmoreland Coal
Co. v. Dir., Office of Workers’ Comp. Programs, No. 11-0807-BLA
(Aug. 31, 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

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