UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1163
CLINCHFIELD COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; SIDNEY
LLOYD BURDEN, JR., Administrator of the Estate of Sidney
Burden,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(10-0231-BLA)
Submitted: October 25, 2011 Decided: November 7, 2011
Before NIEMEYER, DAVIS, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Timothy W. Gresham, PENN, STUART & ESKRIDGE, Abingdon, Virginia,
for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae
Ellen James, Associate Solicitor, Patricia M. Nece, Sarah M.
Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD &
REYNOLDS, Norton, Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Clinchfield 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. Clinchfield Coal
Co. v. Director, Office of Workers’ Comp. Programs, No. 10-0231-
BLA (B.R.B. Dec. 23, 2010). 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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