Consolidation Coal Company v. Benny S. Spadaro

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1922
CONSOLIDATION COAL COMPANY,
Petitioner,
versus
BENNY S. SPADARO; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(05-0689-BLA; 2003-BLA-6384)
Submitted: March 28, 2007 Decided: April 12, 2007
Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ashley M. Harman, Douglas A. Smoot, JACKSON KELLY, PLLC,
Morgantown, West Virginia, for Petitioner. Frederick K. Muth,
HENSLEY, MUTH, GARTON & HAYES, Bluefield, West Virginia; Howard M.
Radzely, 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Consolidation 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 Benny
Spadaro 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. Consolidation Coal
Co. v. Spadaro, No. 05-0689-BLA (B.R.B. June 26, 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

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