Justin Energy, Incorporated v. James Martin ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2406
JUSTIN ENERGY, INCORPORATED; WEST VIRGINIA CWP FUND,
Petitioners,
v.
JAMES P. MARTIN; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(09-0853-BLA)
Submitted: June 30, 2011 Decided: July 12, 2011
Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Mark J. Grigoraci, ROBINSON & MCELWEE, PLLC, Charleston, West
Virginia, for Petitioners. S.F. Raymond Smith, DAVID HUFFMAN
LAW SERVICES, Parkersburg, West Virginia, for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Petitioners seek review of the Benefits Review Board’s
(“Board”) decision and order affirming the administrative law
judge’s award of black lung benefits pursuant to 30 U.S.C.A.
§§ 901-945 (West 2007 & Supp. 2011). 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.
Justin Energy, Inc. v. Martin, No. 09-0853-BLA (BRB Oct. 29,
2010). 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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