Robinson-Phillips Coal Company v. IRENE ENGLAND, Surviving Spouse of Leonard England

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2249
ROBINSON-PHILLIPS COAL COMPANY,
Petitioner,
versus
IRENE ENGLAND, Surviving Spouse of Leonard
England; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(05-282-BLA)
Submitted: March 22, 2006 Decided: April 17, 2006
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Douglas Allan Smoot, JACKSON & KELLY, PLLC, Charleston, West
Virginia; Ashley Marie Harman, JACKSON & KELLY, PLLC, Morgantown,
West Virginia, for Petitioner. Christian P. Barber, Barry H.
Joyner, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for
Respondent Director.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Robinson-Phillips Coal Company seeks review of the
Benefits Review Board’s decision and order affirming the
administrative law judge’s award of survivor’s 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 affirm
on the reasoning of the Board. See Robinson-Phillips v. England,
No. 05-282-BLA (BRB Sept. 15, 2005). 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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