McElroy Coal Company v. DOWCP ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1322
MCELROY COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; ROGER D. KENNEDY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(13-0592 BLA)
Submitted: November 30, 2015 Decided: December 11, 2015
Before WILKINSON, AGEE, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Jeffrey R. Soukup, Kevin M. McGuire, Williams S. Mattingly,
JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M.
Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate
Solicitor, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR,
Washington, D.C.; Anne Megan Davis, Thomas E. Johnson, JOHNSON,
JONES, SNELLING, GILBERT & DAVIS, P.C., Chicago, Illinois, for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
McElroy Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s award of living miner benefits to former miner Roger D.
Kennedy, pursuant to 30 U.S.C. §§ 901-945 (2012) and its
subsequent order denying reconsideration. 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
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