Colegrove v. Island Creek Coal Co ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1833
SANDRA COLEGROVE, Widow of Freddie Colegrove,
Petitioner,
versus
ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(03-630-BLA)
Submitted: January 24, 2007 Decided: March 1, 2007
Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Leonard Stayton, Inez, Kentucky, for Petitioner. Ashley M. Harman,
Douglas A. Smoot, JACKSON KELLY PLLC, Morgantown, West Virginia,
for Respondent Island Creek Coal Company.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sandra Colegrove seeks review of the Benefits Review
Board’s decision and order affirming the administrative law judge’s
denial 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. Colegrove v. Island Creek Coal Co., No. 03-630-BLA
(B.R.B. May 26, 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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