UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1193
ISLAND CREEK COAL COMPANY,
Petitioner,
v.
LARRY F. HARGETT; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(12-0158-BLA)
Submitted: May 29, 2015 Decided: June 4, 2015
Before WILKINSON, SHEDD, and THACKER, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ashley M. Harman, JACKSON KELLY PLLC, Morgantown, West Virginia,
for Petitioner. Joseph E. Wolfe, Ryan C. Gilligan, WOLFE,
WILLIAMS, RUTHERFORD & REYNOLDS, Norton, Virginia; M. Patricia
Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor,
Gary K. Stearman, Counsel for Appellate Litigation, Rita A.
Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Island Creek Coal Company seeks review of the Benefits
Review Board’s decision and order affirming the administrative
law judge’s (ALJ) award of black lung benefits to former miner
Larry F. Hargett, pursuant to 30 U.S.C. §§ 901-945 (2012). * 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
*
This case was in abeyance pending the decision in Hobet
Mining LLC v. Epling, 783 F.3d 498 (4th Cir. 2015), which was
argued in seriatim with W. Va. CWP Fund v. Bender, 782 F.3d 129
(4th Cir. 2015). Both cases have been decided, and we have
considered them in our analysis of this appeal.
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