Janice Brown v. Performance Coal Company

Filing 920090505

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2084

JANICE V. BROWN, Widow of Bobby Brown, Petitioner, v. PERFORMANCE COAL COMPANY; COMPENSATION PROGRAMS, Respondents. DIRECTOR, OFFICE OF WORKERS'

On Petition for Review of an Order of the Benefits Review Board. (07-0978-BLA)

Submitted:

April 15, 2009

Decided:

May 5, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

S.F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West Virginia, for Petitioner. Douglas A. Smoot, Kathy L. Snyder, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondent Performance Coal Company.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Janice Brown, survivor of Bobby Brown, deceased, 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. Aug. Brown 29, v. Performance We Coal Co., with No. oral

07-0978-BLA

(B.R.B.

2008).

dispense

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