David Folden v. Slab Fork Coal Company

Filing 920090501

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1927 DAVID FOLDEN, Petitioner, v. SLAB FORK COAL COMPANY; WEST VIRGINIA COAL WORKERS' PNEUMOCONIOSIS FUND, Brickstreet Administrative Services; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (07-0836-BLA) Submitted: March 18, 2009 Decided: May 1, 2009 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Petition denied by unpublished per curiam opinion. Derrick W. Lefler, GIBSON, LEFLER & ASSOCIATES, Princeton, West Virginia, for Appellant. Douglas A. Smoot, Wendy G. Adkins, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondents Slab Fork Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Board's judge's decision denial of Folden and seeks order review affirming benefits of the Benefits Review law the administrative to 30 black lung pursuant U.S.C. 901-945 (2006). Board's decision Our review of the record discloses that the is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition for Folden v. Slab Fork We dispense review for the reasons stated by the Board. Coal Co., No. 07-0836-BLA (B.R.B. June 24, 2008). 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 2

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