UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1886
VANDYKE AND VANDYKE COAL COMPANY; OLD REPUBLIC
INSURANCE COMPANY,
Petitioners,
versus
DIRECTOR, OFFICE OF WORKERS' COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
JEARLDINE WHITED,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(03-305-BLA)
Submitted: December 23, 2004 Decided: January 12, 2005
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark E. Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG LLP,
Washington, D.C., for Petitioners. Howard M. Radzely, Solicitor of
Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber,
Counsel for Appellate Litigation, Rita Roppolo, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Petitioners seek review of the Benefits Review Board’s
(Board) decision and order and its decision and order on
reconsideration affirming the administrative law judge’s award of
black lung benefits pursuant to 30 U.S.C. §§ 901-45 (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 Vandyke
& Vandyke Coal Co. v. Dir., Office of Workers’ Comp. Programs, No.
03-305-BLA (BRB Dec. 18, 2003; May 24, 2004). 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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