J. O. Lively Construction Company v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1577
J. O. LIVELY CONSTRUCTION COMPANY,
Petitioner,
and
HAZEL HARLESS, Widow of Edeker Harless,
Claimant,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondent.
On Petition for Review of an Order of the Benefits Review Board.
(00-417-BLA, 97-1481-BLA)
Submitted: September 20, 2001 Decided: September 25, 2001
Before LUTTIG, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William H. Howe, Mary Lou Smith, HOWE, ANDERSON & STEYER, P.C.,
Washington, D.C. for Petitioner. Howard M. Radzely, Acting Solici-
tor of Labor, Donald S. Shire, Associate Solicitor, Christian P.
Barber, Counsel for Appellate Litigation, Jennifer U. Toth, UNITED
STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
J. O. Lively Construction Company (“employer”) seeks review of
the Benefits Review Board’s decision and order affirming the admin-
istrative law judge’s denial of the employer’s petition for modifi-
cation of the Board’s order finding employer to be the responsible
operator for black lung benefits owed to Edeker Harless. Our review
of the record discloses that the Board’s decision is without
reversible error. Accordingly, we affirm on the reasoning of the
Board. See J. O. Lively Const. Co. v. Director, OWCP, BRB Nos. 00-
417-BLA; 97-1481-BLA (B.R.B. Mar. 23, 2001). 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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