Ethel Tolliver v. Eastern Associated Coal Compan ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1625
ETHEL E. TOLLIVER, widow of Michael Lee Tolliver,
Petitioner,
v.
EASTERN ASSOCIATED 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
(12-0376-BLA).
Submitted: November 26, 2013 Decided: December 20, 2013
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
S. F. Raymond Smith, DAVID HUFFMAN LAW SERVICES, Parkersburg,
West Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff
Klaus, GREENBERG TRAURIG LLP, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ethel E. Tolliver 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 (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. Tolliver v. E.
Assoc. Coal Corp., No. 1:12-0376-BLA (B.R.B. Mar. 20, 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
2