West Virginia Cwp Fund, as carrier for LAFAYETTE SPRINGS ENTERPRISES, INC. v. Valla Jean Loudermilk, on behalf of

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2311
WEST VIRGINIA CWP FUND, as carrier for LAFAYETTE SPRINGS
ENTERPRISES, INC.,
Petitioner,
v.
VALLA JEAN LOUDERMILK, on behalf of and surviving spouse of
Harold E. Loudermilk; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(13-0030-BLA; 13-0031-BLA)
Submitted: June 30, 2015 Decided: August 6, 2015
Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Tiffany Brooke Davis, Ashley Marie Harman, JACKSON KELLY, PLLC,
Morgantown, West Virginia, for Petitioner. Valla Jean
Loudermilk, Respondent Pro Se; Michelle Seyman Gerdano, Gary K.
Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
West Virginia CWP Fund seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s order on remand awarding living miner benefits on a
claim filed by former miner Harold E. Loudermilk and survivor’s
benefits to his surviving spouse, Valla Jean Loudermilk,
pursuant to 30 U.S.C. §§ 901-945 (2012).* Our review of the
record discloses that the ALJ’s decision is based upon
substantial evidence and that the Board’s decision is without
reversible error. Accordingly, we deny the petition for review.
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
* This case was in abeyance pending the decision in Hobet
Mining LLC v. Epling, 783 F.3d 498 (4th Cir. 2015), which was
argued in seriatim with W. Va. CWP Fund v. Bender, 782 F.3d 129
(4th Cir. 2015). Both cases have been decided, and we have
considered them in our analysis of this appeal.

-- 2 of 2 --