Paramont Contura, LLC v. DOWCP

Court of Appeals for the Fourth Circuit·Decided July 29, 2026·No. 25-1605·Unpublished

Opinion

USCA4 Appeal: 25-1605 Doc: 29 Filed: 07/29/2026 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-1605

PARAMONT CONTURA, LLC,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; JAMIE L. BILLITER,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (24-0335 BLA)

Submitted: April 22, 2026 Decided: July 29, 2026

Before GREGORY and BERNER, Circuit Judges, and KEENAN, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Timothy W. Gresham, Kendra R. Prince, PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Petitioner. Brad A. Austin, WOLFE WILLIAMS & AUSTIN, Norton, Virginia, for Respondent Jamie L. Billiter.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1605 Doc: 29 Filed: 07/29/2026 Pg: 2 of 2

PER CURIAM:

Paramont Contura, LLC, petitions for review of the Benefits Review Board’s (BRB)

decision and order affirming the Administrative Law Judge’s (ALJ) award of black lung

benefits pursuant to 30 U.S.C. §§ 901-944. Our review of the BRB’s decision is limited to

considering “whether substantial evidence supports the factual findings of the ALJ and

whether the legal conclusions of the [BRB] and ALJ are rational and consistent with

applicable law.” Westmoreland Coal Co. v. Stallard, 876 F.3d 663, 668 (4th Cir. 2017)

(internal quotation marks omitted). “Substantial evidence is more than a mere scintilla. It

means such relevant evidence as a reasonable mind might accept as adequate to support a

conclusion.” Sea “B” Mining Co. v. Addison, 831 F.3d 244, 252 (4th Cir. 2016) (internal

quotation marks omitted). “To determine whether this standard has been met, we consider

whether all of the relevant evidence has been analyzed and whether the ALJ has sufficiently

explained h[er] rationale in crediting certain evidence.” Hobet Mining, LLC v. Epling, 783

F.3d 498, 504 (4th Cir. 2015) (internal quotation marks omitted).

Upon review of the record, we conclude that the BRB’s decision is based on

substantial evidence and is without reversible error. Accordingly, we deny the petition for

review for the reasons stated by the BRB. No. 24-0335 BLA. 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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Related

Hobet Mining, LLC v. Carl Epling, Jr.
783 F.3d 498 (Fourth Circuit, 2015)
Sea "B" Mining Company v. Shirley Addison
831 F.3d 244 (Fourth Circuit, 2016)
Westmoreland Coal Company v. Herskel Stallard
876 F.3d 663 (Fourth Circuit, 2017)