UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2192
WEST VIRGINIA CWP FUND, as carrier for Premium Energy,
Inc.,
Petitioner,
v.
HERMAN PECK; DIRECTOR, OFFICE OF WORKERS' COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(11-0698-BLA)
Submitted: May 31, 2013 Decided: June 19, 2013
Before NIEMEYER, DAVIS, and WYNN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ashley M. Harman, Jeffrey R. Soukup, 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, Jonathan P. Rolfe, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
West Virginia Coal Workers’ Pneumoconiosis Fund 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. §§ 901-945 (2006). 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. Peck v. Premium Energy, Inc., No. 11-0698-
BLA (B.R.B. July 31, 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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