United States Steel Mining Com v. James Cochran

Filing 920080714

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-2133

UNITED STATES STEEL MINING COMPANY, LLC, Petitioner, v. JAMES C. COCHRAN; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (06-0948-BLA)

Submitted:

June 6, 2008

Decided:

July 14, 2008

Before NIEMEYER, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Howard G. Salisbury, Jr., KAY, CASTO & CHANEY, PLLC, Charleston, West Virginia, for Petitioner. Frederick K. Muth, HENSLEY, MUTH, GARTON & HAYES, Bluefield, West Virginia, for Respondent James C. Cochran.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: United States Steel Mining Company 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 (2000). Our review of the record discloses

that the Board's decision is based upon substantial evidence and is without reversible error. stated by the Board. Accordingly, we affirm for the reasons

See United States Steel Mining Co. v.

Cochran, No. 06-0948-BLA (B.R.B. Sept. 14, 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. AFFIRMED

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