Clinchfield Coal Company v. Sharon Fleming , 676 F. App'x 196 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1465
CLINCHFIELD COAL COMPANY,
Petitioner,
v.
SHARON L. FLEMING, Widow of Paul Fleming; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF
LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(15-0201-BLA)
Submitted: January 24, 2017 Decided: February 10, 2017
Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Timothy W. Gresham, PENN, STUART & ESKRIDGE, Abingdon, Virginia,
for Petitioner. Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS,
Norton, Virginia; Sean Gregory Bajkowski, Sarah Marie Hurley,
UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clinchfield Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s award of benefits to Sharon Fleming, the surviving spouse
of deceased coal miner Paul Fleming, under the Black Lung Benefits
Act, 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.
Clinchfield Coal Co. v. Fleming, No. 15-0201 BLA (B.R.B. Feb. 26,
2016). 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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