Consolidation Coal Co. v. Director, Office of Workers' Compensation Programs , 84 F. App'x 293 ( 2003 )


Menu:
  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-1744
    CONSOLIDATION COAL COMPANY,
    Petitioner,
    versus
    DIRECTOR, OFFICE OF WORKERS' COMPENSATION
    PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
    VELMA L. KIRK, widow and executrix of the
    estate of Robert L. Kirk, Sr.,
    Respondents.
    On Petition for Review of an Order of the Benefits Review Board.
    (02-401-BLA)
    Submitted:   November 26, 2003          Decided:    December 23, 2003
    Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    William S. Mattingly, JACKSON KELLY, P.L.L.C., Morgantown, West
    Virginia, for Petitioner. Robert F. Cohen, Jr., COHEN, ABATE &
    COHEN, L.C., Morgantown, West Virginia, for Respondents.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Consolidation Coal Company seeks review of the Benefits Review
    Board’s decision and order affirming the administrative law judge’s
    award of black lung benefits pursuant to 
    30 U.S.C. §§ 901-945
    (2000).     Our review of the record discloses that the Board’s
    decision    is   based    upon   substantial   evidence   and   is   without
    reversible error.        Accordingly, we affirm on the reasoning of the
    Board.     See Consolidation Coal Co. v. Dir., Office of Workers’
    Comp. Programs, No. 02-401-BLA (BRB Apr. 18, 2003).             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.
    AFFIRMED
    2
    

Document Info

Docket Number: 03-1744

Citation Numbers: 84 F. App'x 293

Judges: Gregory, Hamilton, Per Curiam, Shedd

Filed Date: 12/23/2003

Precedential Status: Non-Precedential

Modified Date: 8/6/2023