UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2204
WEST VIRGINIA CWP FUND, as insurance carrier for Slab Fork
Coal Company,
Petitioner,
v.
WILBUR M. REED; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(11-0707-BLA)
Submitted: May 30, 2014 Decided: June 4, 2014
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Ashley M. Harman, Jeffrey R. Soukup, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioner. John Cline, Piney
View, West Virginia; M. Patricia Smith, Solicitor of Labor, Rae
Ellen James, Associate Solicitor, Sean Bajkowski, Counsel of
Appellate Litigation, Jonathan Rolfe, UNITED STATES DEPARTMENT
OF LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
West Virginia CWP Fund 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. W. Va. CWP Fund v. Reed,
No. 11-0707-BLA (B.R.B. Aug. 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
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