UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1914
WEST VIRGINIA CWP FUND, as carrier for Economy Fuel
Company, Incorporated,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; BERNARD CLINE,
Respondents.
On Petition for Review of an Order of the Benefits Review Board
(12-0527-BLA & 12-0527-BLA-A).
Submitted: May 29, 2015 Decided: June 16, 2015
Before WILKINSON, SHEDD, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William S. Mattingly, Jeffrey R. Soukup, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioner. M. Patricia Smith,
Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary
K. Stearman, Counsel for Appellate Litigation, Sarah M. Hurley,
UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Leonard J.
Stayton, Inez, Kentucky, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
West Virginia CWP Fund seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s award of black lung benefits to former miner Bernard
Cline, 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).
2
West Virginia CWP Fund v. DOWCP
Combined Opinion