WILLIAM HERCULES, Deceased v. Consolidation Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1218
WILLIAM HERCULES, Deceased,
Petitioner,
versus
CONSOLIDATION COAL COMPANY; DIRECTOR, OFFICE
OF WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(06-0337-BLA)
Submitted: August 27, 2007 Decided: September 12, 2007
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Timothy F. Cogan, CASSIDY, MYERS, COGAN & VOEGELIN, L.C., Wheeling,
West Virginia, for Petitioner. William S. Mattingly, JACKSON &
KELLY, PLLC, Morgantown, West Virginia, for Respondent
Consolidation Coal Company.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Leona Hercules, on behalf of William Hercules, seeks
review of the Benefits Review Board’s decision and order affirming
the administrative law judge’s denial of 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, although we
grant leave to proceed in forma pauperis, we affirm for the reasons
stated by the Board. Hercules v. Consolidation Coal Co., No.
06-0337-BLA (BRB Jan. 26, 2007). 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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