UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-1251

MCELROY COAL COMPANY,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; DONN L. WNEK,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (13-0224 BLA)

Submitted: October 30, 2015 Decided: November 5, 2015

Before GREGORY and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Jeffrey R. Soukup, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Ann Marie Scarpino, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Heath M. Long, PAWLOWSKI, BILONICK & LONG, Ebensburg, Pennsylvania, for Respondents.

Unpublished opinions are not binding precedent in this circuit.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

McElroy Coal Company seeks review of the Benefits Review

Board’s decision and order affirming the administrative law

judge’s award of black lung benefits on a claim filed by Donn L.

Wnek pursuant to

(2012). Upon our review

of the record, we conclude that the Board’s decision is

supported by substantial evidence and is without reversible

error. See McElroy Coal Co. v. Dir., Office of Workers’ Comp.

Programs, No. 13-0224 BLA (B.R.B. Jan. 14, 2014). 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

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