Consolidation Coal Co. v. Director, Office of Workers' Compensation Programs

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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