WEST VIRGINIA COAL WORKERS’ PNEUMOCONIOSIS FUND, as carrier for Vision Coal Company v. Martin, 277 F.3d 468, 476 4th Cir. 2002 . - 2 - PER CURIAM: West Virginia Coal…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1902
WEST VIRGINIA COAL WORKERS’ PNEUMOCONIOSIS
FUND, as carrier for Vision Coal Company,
Petitioner,
versus
TRACY H. CHAMP; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(05-569-BLA; 03-6092-BLA)
Submitted: January 26, 2007 Decided: March 14, 2007
Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Steele Mattingly, Ashley M. Harman, JACKSON & KELLY, PLLC,
Morgantown, West Virginia, for Petitioner. Tracy H. Champ,
Respondent Pro Se; Patricia May Nece, UNITED STATES DEPARTMENT OF
LABOR, Washington, D.C., Helen Hart Cox, OFFICE OF WORKERS’
COMPENSATION PROGRAMS, Washington, D.C., for Respondent Director,
Office of Workers’ Compensation Programs.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

*On appeal, the Fund asserts that Champ should have been
required to render a designation of x-ray evidence in proceedings
before the Administrative Law Judge, and that the Administrative
Law Judge erred by failing to consider pulmonary evaluation reports
prepared by Dr. Castle and Dr. Forehand. We deem these contentions
waived, however, as they were not presented during the course of
the administrative proceedings. See Armco, Inc. v. Martin, 277
F.3d 468, 476 (4th Cir. 2002).
- 2 -
PER CURIAM:
West Virginia Coal Workers’ Pneumoconiosis Fund, as
carrier for Vision Coal Company, seeks review of the Benefits
Review Board’s decision and order affirming the administrative law
judge’s award of black lung benefits, in favor of Tracy H. Champ,
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. West Virginia Coal Workers’
Pneumoconiosis Fund v. Champ, No. 05-569-BLA (BRB June 22, 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 --