Consolidation Coal Company v. Fuller Varner ( 2015 )

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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). Our
review of the record discloses that the Board’s 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. 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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