Westmoreland Coal Company, Incorporated v. Johnny Fortner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2491
WESTMORELAND COAL COMPANY, INCORPORATED,
Petitioner,
v.
JOHNNY FORTNER; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(14-0412 BLA)
Submitted: November 30, 2016 Decided: December 21, 2016
Before MOTZ, KEENAN, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Paul E. Frampton, Michael J. Schessler, BOWLES RICE LLP,
Charleston, West Virginia, for Petitioner. Joseph E. Wolfe, WOLFE
WILLIAMS & REYNOLDS, Norton, Virginia; M. Patricia Smith,
Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K.
Stearman, Counsel for Appellate Litigation, Rita A. Roppolo,
UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for
Respondents.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Westmoreland 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 subsequent claim filed
by Johnny Fortner pursuant to 30 U.S.C. §§ 901-944 (2012). Our
review of the record discloses that the Board’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. Fortner, No. 14-0412 BLA
(B.R.B. Sept. 30, 2015). 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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