UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1818
ISLAND CREEK COAL COMPANY,
Petitioner,
v.
DARREL B. DEWITT; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0741-BLA)
Submitted: April 15, 2009 Decided: April 28, 2009
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West
Virginia, for Petitioner. Timothy C. MacDonnell, Mary Z.
Natkin, Ketan V. Patel, WASHINGTON AND LEE UNIVERSITY SCHOOL OF
LAW, Lexington, Virginia, for Respondent Darrel B. Dewitt.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Island Creek Coal Company seeks review of the Benefits
Review Board’s decision and order affirming 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 on substantial evidence and is without
reversible error. Accordingly, we deny the petition for review
for the reasons stated by the Board. Island Creek Coal Co. v.
Dewitt, No. 07-0741-BLA (B.R.B. May 30, 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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