WESTMORELAND COAL COMPANY v. ASHLEY (2019)

United States Court of Appeals, Fourth Circuit.

WESTMORELAND COAL COMPANY, Petitioner, v. Marlin E. ASHLEY; Director, Office of Workers’ Compensation Programs, United States Department of Labor, Respondents.

No. 18-1841

Decided: March 28, 2019

Before DIAZ and FLOYD, Circuit Judges, and SHEDD, Senior Circuit Judge.

Paul E. Frampton, Fazal A. Shere, BOWLES RICE LLP, Charleston, West Virginia, for Petitioner. Joseph E. Wolfe, Victoria S. Herman, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent.

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 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. Ashley v. Westmoreland Coal Co., No. 17-0420 BLA (B.R.B. May 30, 2018). 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

PER CURIAM:

Petition denied by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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