UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2073
PEGGY GILBERT,
Petitioner,
v.
ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0850-BLA)
Submitted: April 15, 2009 Decided: April 29, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Derrick W. Lefler, GIBSON, LEFLER & ASSOCIATES, Princeton, West
Virginia, for Petitioner. Ashley M. Harman, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Respondent Island Creek Coal
Company.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peggy Gilbert, surviving spouse of Grant P. Gilbert,
seeks review of the Benefits Review Board’s decision and order
reversing the administrative law judge’s award of black lung
benefits pursuant to 30 U.S.C. §§ 901-945 (2006). Our review of
the record discloses that the Board’s decision is based upon
substantial evidence and is without reversible error.
Accordingly, we deny the petition for review for the reasons
stated by the Board. Gilbert v. Island Creek Coal Co., No.
07-0850-BLA (B.R.B. July 25, 2008). 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 DENIED
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