Betty B Coal Company v. DOWCP

Filing 920071009


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1083 BETTY B COAL COMPANY, Petitioner, versus DIRECTOR, PROGRAMS, OFFICE OF WORKERS' COMPENSATION Respondent. On Petition for Review of an Order of the Benefits Review Board. (03-0547-BLA) Submitted: August 31, 2007 Decided: October 9, 2007 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark E. Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG, Washington, D.C., for Petitioner. Jonathan L. Snare, Acting Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Patricia M. Nece, Counsel for Appellant Litigation, Helen H. Cox, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Betty B Coal Company seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's order requiring it to reimburse the Black Lung Disability Trust Fund ("Trust Fund") for medical benefits paid by the Trust Fund on behalf of Art Stanley. Our review of the record discloses that the Board's decision is based upon substantial evidence and is without reversible error. Board. See Accordingly, we affirm on the reasoning of the B Coal Co. v. DOWCP, Nos. 06-0259-BLA; Betty 03-0547-BLA (BRB Nov. 27, 2006; May 28, 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 - 2 -

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