Windsor Coal Company v. Huggins , 283 F. App'x 155 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1999
WINDSOR COAL COMPANY,
Petitioner,
v.
EDGAR J. HUGGINS; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(06-0710-BLA)
Submitted: May 30, 2008 Decided: June 25, 2008
Before NIEMEYER and DUNCAN, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West
Virginia, for Petitioner. Stephen A. Sanders, APPALACHIAN CITIZENS
LAW CENTER, Whitesburg, Kentucky; Gregory F. Jacob, Solicitor of
Labor, Patricia M. Nece, Jeffrey S. Goldberg, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Windsor Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law judge’s
award of black lung benefits on a claim filed by Edgar J. Huggins
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 deny the
petition for review for the reasons stated by the Board. Windsor
Coal Co. v. Huggins, No. 06-0710-BLA (B.R.B. Aug. 15, 2007). 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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