UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2222
GLAMORGAN COAL CORPORATION,
Petitioner,
v.
BANNER E. MARSHALL, deceased, by Beulah Marshall, widow;
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0960-BLA)
Submitted: October 21, 2009 Decided: November 13, 2009
Before KING, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Timothy W. Gresham, Anne Musgrove Rife, PENN, STUART & ESKRIDGE,
Abingdon, Virginia, for Petitioner. Joseph E. Wolfe, Ryan C.
Gilligan, WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS, Norton,
Virginia; Carol De Deo, Deputy Solicitor, Rae Ellen Frank James,
Associate Solicitor, Sean G. Bajkowski, Counsel for Appellate
Litigation, Jeffrey S. Goldberg, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Glamorgan Coal Corporation 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.
Glamorgan Coal Corp. v. Marshall, No. 07-0960-BLA (B.R.B. Aug.
29, 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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