UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1287
CONSOLIDATION COAL COMPANY,
Petitioner,
versus
MARGARET EARL, Surviving spouse of Willard
Earl, deceased; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-0380-BLA)
Submitted: October 31, 2005 Decided: December 5, 2005
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Steele Mattingly, Ashley Marie Harman, JACKSON KELLY, PLLC,
Morgantown, West Virginia, for Petitioner. Margaret Earl, Rachel,
West Virginia, Respondent Pro Se; Christian P. Barber, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C.; Helen Hart Cox,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS, Washington, D.C., for
Respondent DOWCP.
Unpublished opinions are not binding precedent in this circuit.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 disability and survivor’s 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 for the reasons
stated by the Board. Consolidation Coal Co. v. Earl, No. 04-0380-
BLA (BRB Jan. 18, 2005). We grant Consolidation Coal’s motion to
strike the addendum to respondent’s informal reply brief and
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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