Big Bear Mining v. Laxton ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1070
BIG BEAR MINING COMPANY,
Petitioner,
versus
GLEN R. LAXTON; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-154-BLA)
Submitted: June 25, 2007 Decided: July 30, 2007
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ashley M. Harman, William S. Mattingly, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Petitioner. Frederick K. Muth,
HENSLEY, MUTH, GARTON & HAYES, Bluefield, West Virginia; Howard M.
Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor,
Christian P. Barber, Helen H. Cox, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Big Bear Mining 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 (2000). Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without
reversible error. Accordingly, we affirm for the reasons stated by
the Board. Laxton v. Big Bear Mining Co., BRB No. 04-0154-BLA
(Nov. 16, 2004). 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.
AFFIRMED
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