Liberty Mutual Insurance Company v. DOWCP

U.S. Court of Appeals for the Fourth Circuit

Liberty Mutual Insurance Company v. DOWCP

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-1549

LIBERTY MUTUAL INSURANCE COMPANY; RIFE & HALL COAL COMPANY,

Petitioners,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; CAROLYN JUSTUS, o/b/o and widow of Greley Justus,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (13-0313-BLA; 13-0314-BLA)

Submitted: January 30, 2015 Decided: February 23, 2015

Before DUNCAN and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

John R. Sigmond, PENN, STUART & ESKRIDGE, Bristol, Tennessee, for Petitioners. Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia; Sean Gregory Bajkowski, Sarah Marie Hurley, Richard Anthony Seid, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Liberty Mutual Insurance Company and Rife & Hall Coal

Company seek review of the Benefits Review Board’s decision and

order affirming the administrative law judge’s award of living

miner benefits to former employee Greley Justus and survivor’s

benefits to Justus’ surviving spouse, Carolyn Justus, under the

Black Lung Benefits Act,

30 U.S.C. §§ 901-945

(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. Liberty Mut. Ins. Co. v. Dir., Office of

Workers’ Comp. Programs, Nos. 13-0313-BLA & 13-0314-BLA (B.R.B.

Apr. 9, 2014). 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

2

Reference

Status
Unpublished