UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-1322

MCELROY COAL COMPANY,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; ROGER D. KENNEDY,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (13-0592 BLA)

Submitted: November 30, 2015 Decided: December 11, 2015

Before WILKINSON, AGEE, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Jeffrey R. Soukup, Kevin M. McGuire, Williams S. Mattingly, JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Anne Megan Davis, Thomas E. Johnson, JOHNSON, JONES, SNELLING, GILBERT & DAVIS, P.C., Chicago, Illinois, 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Unpublished opinions are not binding precedent in this circuit.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 living miner benefits to former miner Roger D.

Kennedy, pursuant to

(2012) and its

subsequent order denying reconsideration. 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

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