Knox Creek Coal Company v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2338
KNOX CREEK COAL COMPANY; OLD REPUBLIC
INSURANCE COMPANY,
Petitioners,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
VERNER LESTER,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(00-720-BLA)
Submitted: May 16, 2002 Decided: June 14, 2002
Before WIDENER, WILKINS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark E. Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG,
Washington, D.C., for Petitioners. Eugene Scalia, Solicitor of
Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece,
Counsel for Appellate Litigation, Helen H. Cox, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C.; Verner Lester, Hurley,
Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Petitioners seek review of the Benefits Review Board’s
decision and order affirming the administrative law judge’s award
of medical payments pursuant to 30 U.S.C.A. §§ 901-945 (West 1986
& Supp. 2001). Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without
reversible error. Accordingly, we affirm on the reasoning of the
Board. See Knox Creek Coal Co. v. DOWCP, No. 00-720-BLA (BRB
Apr. 20 & Sept. 18, 2001). 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.
AFFIRMED

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