UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1077
RHONDA COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; TEDDY J.
WHITED,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(08-0234-BLA)
Submitted: October 22, 2009 Decided: November 13, 2009
Before MICHAEL, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Ronald E. Gilbertson, K&L GATES LLP, Washington, D.C., for
Petitioner. Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS,
RUTHERFORD & REYNOLDS, Norton, Virginia, for Respondent Teddy J.
Whited.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rhonda 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 upon substantial evidence and is
without reversible error. Accordingly, we deny the petition for
review for the reasons stated by the Board. Rhonda Coal Co. v.
Director, Office of Workers’ Comp. Prog., No. 08-0234-BLA
(B.R.B. Nov. 26, 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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