Janice Brown v. Performance Coal Company
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
April 15, 2009
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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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
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