# Westmoreland Coal Co. v. Fortner

> Court of Appeals for the Fourth Circuit · December 21, 2016 · 671 F. App'x 231

URL: https://www.frixlaw.com/law-library/cases/8681384

## Case

- **Full name:** WESTMORELAND COAL COMPANY, INCORPORATED v. Johnny FORTNER Director, Office of Workers' Compensation Programs, United States Department of Labor
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 21, 2016
- **Citations:** 671 F. App'x 231
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Diaz, Keenan, Motz
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8681384

## Opinion text

Unpublished opinions are not binding precedent in this circuit.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 Fort-ner pursuant to 30 U.S.C. §§ 901-944 (2012). Our review of the record discloses *232 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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8681384. Public record. Not legal advice.