Peggy Gilbert v. Island Creek Coal Company
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
PEGGY GILBERT, Petitioner, v. ISLAND CREEK COAL COMPANY; COMPENSATION PROGRAMS, Respondents. DIRECTOR, OFFICE OF WORKERS'
On Petition for Review of an Order of the Benefits Review Board. (07-0850-BLA)
April 15, 2009
April 29, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Derrick W. Lefler, GIBSON, LEFLER & ASSOCIATES, Princeton, West Virginia, for Petitioner. Ashley M. Harman, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondent Island Creek Coal Company.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Peggy Gilbert, surviving spouse of Grant P. Gilbert, seeks review of the Benefits Review Board's decision and order reversing the administrative law judge's award 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. 07-0850-BLA (B.R.B. Gilbert v. Island Creek Coal Co., No. 25, 2008). 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?