United States Steel Mining Company, LLC v. James C. Cochran; Director, Office of Workers’ Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-2133
UNITED STATES STEEL MINING COMPANY, LLC,
Petitioner,
v.
JAMES C. COCHRAN; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(06-0948-BLA)
Submitted: June 6, 2008 Decided: July 14, 2008
Before NIEMEYER, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Howard G. Salisbury, Jr., KAY, CASTO & CHANEY, PLLC, Charleston,
West Virginia, for Petitioner. Frederick K. Muth, HENSLEY, MUTH,
GARTON & HAYES, Bluefield, West Virginia, for Respondent James C.
Cochran.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
United States Steel Mining Company seeks review of the
Benefits Review Board’s decision and order affirming the
administrative law judge’s award 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, we affirm for the reasons
stated by the Board. See United States Steel Mining Co. v.
Cochran, No. 06-0948-BLA (B.R.B. Sept. 14, 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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