WEST VIRGINIA CWP FUND, as carrier for Lafayette Springs Enterprises, Inc., Petitioner, v. Valla Jean LOUDERMILK, on behalf of and surviving spouse of Harold E. Loudermilk; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents, 611 F. App'x 158

Petition denied by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: West Virginia CWP Fund seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s order on remand awarding living miner benefits on a claim filed by former miner Harold E. Loudermilk and surviv- or’s benefits to his surviving spouse, Valla Jean Loudermilk, pursuant to 30 U.S.C. §§ 901-945 (2012).

Our review of the record discloses that the ALJ’s decision is based upon substantial evidence and that the Board’s decision is without reversible error. 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. This case was in abeyance pending the decision in Hobet Mining LLC v. Epling, 783 F.3d 498 (4th Cir.2015), which was argued in seri-atim with W. Va. CWP Fund v. Bender, 782 F.3d 129 (4th Cir.2015).

Both cases have been decided, and we have considered them in our analysis of this appeal.