Amigo Smokeless Coal Company v. Herschel H. Jenks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1339
AMIGO SMOKELESS COAL COMPANY,
Petitioner,
versus
HERSCHEL H. JENKS; BENEFITS REVIEW BOARD;
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(05-0529-BLA)
Submitted: September 26, 2007 Decided: October 12, 2007
Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Douglas A. Smoot, Kathy L. Snyder, JACKSON KELLY PLLC, Morgantown,
West Virginia, for Petitioner. Frederick K. Muth, HENSLEY, MUTH,
GARTON & HAYES, Bluefield, West Virginia; Jonathan L. Snare, Acting
Solicitor of Labor, Patricia M. Nece, Jeffrey S. Goldberg, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

- 2 -
PER CURIAM:
Amigo Smokeless Coal Company seeks review of the Benefits
Review Board’s decision and order affirming the administrative law
judge’s award of black lung benefits on a claim filed by Herschel
Jenks pursuant to 30 U.S.C. §§ 901-945 (2000). Our review of the
record discloses that the Board’s decision is based upon
substantial evidence and is without reversible error. Accordingly,
we affirm for the reasons stated by the Board. Amigo Smokeless
Coal Co. v. Jenks, No. 05-0529-BLA (B.R.B. Jan. 31, 2006). 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

-- 2 of 2 --