Herman Whaling v. Eastern Associated Coal Corporation; Director, Office of Workers’ Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2402
HERMAN WHALING,
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.
(08-0115-BLA)
Submitted: March 18, 2010 Decided: April 6, 2010
Before MOTZ, SHEDD, and AGEE, Circuit Judges.
Petition denied by unpublished per curiam opinion.
William B. Talty, Hanover, Virginia, for Petitioner. Mark E.
Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG LLP,
Washington, D.C., for Respondent Eastern Associated Coal
Corporation.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Herman Whaling 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 (2006). 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
review for the reasons stated by the Board. Whaling v. Eastern
Associated Coal Corp., No. 08-0115-BLA. 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

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