UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1929
DAVIDSON MINING, INC.,
Petitioner,
versus
JOE R. WILCOXEN; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-818-BLA)
Submitted: October 18, 2006 Decided: January 26, 2007
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony J. Cicconi, SHAFFER & SHAFFER, PLLC, Charleston, West
Virginia, for Petitioner. Roger D. Forman, FORMAN & HUBER, LC,
Charleston, West Virginia, for Respondent Joe R. Wilcoxen.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Davidson Mining, Inc., seeks 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. §§ 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. Davidson Mining, Inc. v. Wilcoxen, No. 04-
818-BLA (B.R.B. June 21, 2005). 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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