UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1232
DAISY BROWN,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; WEST
VIRGINIA COAL WORKERS’ PNEUMOCONIOSIS FUND; MACK COAL COMPANY,
INCORPORATED,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0308-BLA)
Submitted: September 15, 2008 Decided: January 26, 2009
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition granted; reversed and remanded by unpublished per curiam
opinion.
S. F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West
Virginia, for Petitioner. Christopher M. Hunter, JACKSON KELLY
PLLC, Charleston, West Virginia, for Respondents West Virginia Coal
Workers’ Pneumoconiosis Fund and Mack Coal Company, Incorporated.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daisy Brown seeks review of the Benefits Review Board’s
decision and order reversing the administrative law judge’s award
of survivor’s black lung benefits pursuant to 30 U.S.C. §§ 901-945
(2000). Our review of the record discloses that Mr. Brown received
an award of black lung benefits during his lifetime. He was
admitted to hospice care with a terminal diagnosis of
pneumoconiosis and the death certificate stated that his death was
caused by “chronic obstructive pulmonary disease due to or as a
consequence of black lung disease.” We find that the decision of
the administrative law judge is based upon substantial evidence and
is without reversible error. Accordingly, we grant the petition
for review, reverse the decision of the Board, and remand for the
award of survivor’s benefits to Mrs. Brown. Brown v. Dir., Office
of Workers’ Comp. Programs, No. 07-0308-BLA (B.R.B. Dec. 31, 2007).
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 GRANTED;
REVERSED AND REMANDED
2