Glenn v. Eastern Associated Coal Corp. ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2168
VIRGILLIOUS GLENN, Widow of Harold Glenn,
Petitioner,
v.
EASTERN ASSOCIATED COAL CORPORATION; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, United States Department of
Labor,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0998-BLA)
Submitted: July 16, 2009 Decided: August 14, 2009
Before NIEMEYER, GREGORY, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
S.F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West
Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff
Klaus, GREENBERG TRAURIG LLP, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Virgillious Glenn seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s denial of black lung benefits pursuant to 30 U.S.C.
§§ 901-945 (2006). Our review of the record discloses 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. Glenn v. E.
Associated Coal Corp., No. 07-0998 BLA (B.R.B. Aug. 28, 2008).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
PETITION DENIED
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