UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-2491

WESTMORELAND COAL COMPANY, INCORPORATED,

Petitioner,

v.

JOHNNY FORTNER; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (14-0412 BLA)

Submitted: November 30, 2016 Decided: December 21, 2016

Before MOTZ, KEENAN, and DIAZ, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Paul E. Frampton, Michael J. Schessler, BOWLES RICE LLP, Charleston, West Virginia, for Petitioner. Joseph E. Wolfe, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia; M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Counsel for Appellate Litigation, Rita A. Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit.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

Westmoreland 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 subsequent claim filed

by Johnny Fortner pursuant to

(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. Westmoreland Coal Co. v. Fortner, No. 14-0412 BLA

(B.R.B. Sept. 30, 2015). 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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