Filed: Jan. 18, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1348 ITMANN COAL COMPANY, c/o HealthSmart Casualty Claims Solutions, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; MARVIN LAWRENCE, Respondents. On Petiton for Review of an Order of the Benefits Review Board. (15-0123 BLA) Submitted: December 20, 2016 Decided: January 18, 2017 Before KEENAN, WYNN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1348 ITMANN COAL COMPANY, c/o HealthSmart Casualty Claims Solutions, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; MARVIN LAWRENCE, Respondents. On Petiton for Review of an Order of the Benefits Review Board. (15-0123 BLA) Submitted: December 20, 2016 Decided: January 18, 2017 Before KEENAN, WYNN, and FLOYD, Circuit Judges. Petition denied by unpublished per curiam opin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1348
ITMANN COAL COMPANY, c/o HealthSmart Casualty Claims
Solutions,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR; MARVIN LAWRENCE,
Respondents.
On Petiton for Review of an Order of the Benefits Review Board.
(15-0123 BLA)
Submitted: December 20, 2016 Decided: January 18, 2017
Before KEENAN, WYNN, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Christopher M. Green, JACKSON KELLY PLLC, Charleston, West
Virginia, William S. Mattingly, JACKSON KELLY PLLC, Lexington,
Kentucky, for Petitioner. Joseph E. Wolfe, WOLFE WILLIAMS &
REYNOLDS, Norton, Virginia, for Respondent Marvin Lawrence.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Itmann Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s award of black lung benefits to former miner Marvin
Lawrence, pursuant to 30 U.S.C. §§ 910-944 (2012). Our review
of the record leads us to conclude that the Board’s decision is
based on substantial evidence and is without reversible error.
See Lawrence v. Itmann Coal Co., No. 15-0123 BLA (B.R.B. Jan.
29, 2016). 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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