Ceres Marine Terminals, Inc. v. DOWCP

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-2407

CERES MARINE TERMINALS, INC.,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; ANTHONY K. WALLACE; TARTAN TERMINALS, INCORPORATED; AMERICAN LONGSHORE MUTUAL ASSOCIATION, LTD.,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (14-0124; 14-0124A)

Submitted: July 31, 2015 Decided: August 13, 2015

Before SHEDD, FLOYD, and THACKER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Lawrence P. Postol, SEYFARTH SHAW, L.L.P., Washington, D.C., for Petitioner. Heather H. Kraus, SEMMES, BOWEN, and SEMMES, Baltimore, Maryland; Patrick Marlin Wysong, BERMAN, SOBIN, GROSS, FELDMAN & DARBY, LLP, Lutherville, Maryland; Kathleen Kim, Mark A. Reinhalter, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit.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

Ceres Marine Terminals, Inc., seeks review of the Benefits

Review Board’s decision and order affirming the administrative

law judge’s (“ALJ”) order finding that Ceres is the employer

responsible for payment of temporary total disability benefits

to Anthony K. Wallace, pursuant to 33 U.S.C. §§ 901-950 (2012).

Our review of the record discloses that the ALJ and the Board

applied the proper legal standard, and the ALJ’s decision is

based upon substantial evidence. 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