UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1398
ELK RUN COAL COMPANY, INCORPORATED,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; WANLESS MCARTHUR HARVEY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board
(11-0305-BLA).
Submitted: May 30, 2014 Decided: June 3, 2014
Before DUNCAN and WYNN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Ashley M. Harman, Tiffany B. Davis, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioner. M. Patricia Smith,
Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean
G. Bajkowski, Counsel for Appellate Litigation, Ann Marie
Scarpino, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD &
REYNOLDS, Norton, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Elk Run Coal Company, Inc., petitions for 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. §§ 901-945 (2012). Our review of the parties’
briefs and the record on appeal 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. Elk Run Coal Co., Inc. v.
Dir., Office of Workers’ Comp. Programs, No. 11-0305-BLA (B.R.B.
Jan. 30, 2012). 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
2