Clinchfield Coal Company v. Sidney Burden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 10-0231-BLA. Copies to all parties and the district court/agency. [998717495]. [11-1163]

Appeal: 11-1163

Document: 32

Date Filed: 11/07/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1163

CLINCHFIELD COAL COMPANY,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; SIDNEY
LLOYD BURDEN, JR., Administrator of the Estate of Sidney
Burden,
Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(10-0231-BLA)

Submitted:

October 25, 2011

Decided:

November 7, 2011

Before NIEMEYER, DAVIS, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Timothy W. Gresham, PENN, STUART & ESKRIDGE, Abingdon, Virginia,
for Petitioner.
M. Patricia Smith, Solicitor of Labor, Rae
Ellen James, Associate Solicitor, Patricia M. Nece, Sarah M.
Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD &
REYNOLDS, Norton, Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1163

Document: 32

Date Filed: 11/07/2011

Page: 2 of 2

PER CURIAM:
Clinchfield Coal 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 (2006).
Board’s

decision

Our review of the record discloses that the
is

based

without reversible error.

upon

substantial

evidence

and

is

Accordingly, we deny the petition for

review for the reasons stated by the Board.

Clinchfield Coal

Co. v. Director, Office of Workers’ Comp. Programs, No. 10-0231BLA (B.R.B. Dec. 23, 2010).

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

2