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W. va. CWP Fund v. Director

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 1, 2017
No. 16-1923 (4th Cir. Jun. 1, 2017)

Opinion

No. 16-1923

06-01-2017

WEST VIRGINIA CWP FUND, as carrier for C.C. Conley & Sons, Inc., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; DOYLE G. BAILES, Respondents.

Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Maia S. Fisher, Associate Solicitor, Sean G. Bajkowski, Counsel for Appellate Litigation, Jeffrey S. Goldberg, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Carl Hostler, PRIM LAW FIRM, PLLC, Hurricane, West Virginia, for Respondents.


UNPUBLISHED On Petition for Review of an Order of the Benefits Review Board. (15-0439-BLA) Before TRAXLER, KEENAN, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Maia S. Fisher, Associate Solicitor, Sean G. Bajkowski, Counsel for Appellate Litigation, Jeffrey S. Goldberg, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Carl Hostler, PRIM LAW FIRM, PLLC, Hurricane, West Virginia, 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 Unpublished opinions are not binding precedent in this circuit.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 pursuant to 30 U.S.C. §§ 901-944 (2012). 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. W. Va. CWP Fund v. Dir., Office of Workers' Comp. Programs, No. 15-0439-BLA (B.R.B. June 16, 2016). 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


Summaries of

W. va. CWP Fund v. Director

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 1, 2017
No. 16-1923 (4th Cir. Jun. 1, 2017)
Case details for

W. va. CWP Fund v. Director

Case Details

Full title:WEST VIRGINIA CWP FUND, as carrier for C.C. Conley & Sons, Inc.…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 1, 2017

Citations

No. 16-1923 (4th Cir. Jun. 1, 2017)