Malcolm L. Bazzie v. Eastern Associated Coal Corporation; Director, Office of Workers’ Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1208
MALCOLM L. BAZZIE,
Petitioner,
v.
EASTERN ASSOCIATED COAL CORPORATION; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0357-BLA)
Submitted: October 10, 2008 Decided: November 7, 2008
Before NIEMEYER, MICHAEL, and KING, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Malcolm L. Bazzie, Petitioner Pro Se. Laura Metcoff Klaus, Mark
Elliott Solomons, GREENBERG TRAURIG, Washington, D.C.; Michelle
Seyman Gerdano, Patricia May Nece, 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Unpublished opinions are not binding precedent in this circuit.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:
Malcolm L. Bazzie seeks review of the Benefits Review
Board’s decision and order affirming the administrative law judge’s
denial of Bazzie’s petition for modification of a decision that
denied black lung benefits 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 deny the petition for the reasons stated by the
Board. See Bazzie v. Eastern Associated Coal Corp., No.
07-0357-BLA (B.R.B. Jan. 4, 2008). 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 of 2 --