Black Diamond Construction v. Terry Hayton ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1818
BLACK DIAMOND CONSTRUCTION, INC.,
Petitioner,
v.
TERRY G. HAYTON; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(12-0341-BLA)
Submitted: January 31, 2014 Decided: February 6, 2014
Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West
Virginia, for Petitioner. John Cline, Piney View, West
Virginia, for Respondent Hayton.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Black Diamond Construction, Incorporated, 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 (2012). 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.
Black Diamond Constr., Inc. v. Hayton, No. 12-0341-BLA (B.R.B.
Apr. 30, 2013). We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
PETITION DENIED
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