UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2033
VALLEY CAMP COAL COMPANY,
Petitioner,
v.
SHIRLEY DOBRZYNSKI, on behalf of Edward E. Dobrzynski;
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(10-0429-BLA)
Submitted: June 26, 2012 Decided: July 12, 2012
Before AGEE and THACKER, 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Petition denied by unpublished per curiam opinion.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. Thomas E. Johnson, Anne Megan Davis,
JOHNSON, JONES, SNELLING, GILBERT & DAVIS, Chicago, Illinois; M.
Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate
Solicitor, Gary K. Stearman, Counsel for Appellate Litigation,
Jonathan P. Rolfe, UNITED STATES DEPARTMENT OF LABOR,
Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Valley Camp 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. Valley Camp Coal
Co. v. Dobrzynski, No. 10-0429-BLA (B.R.B. July 28, 2011). 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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