JANICE V. BROWN, Widow of Bobby Brown v. Performance Coal Company; Director, Office of Workers’ Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2084
JANICE V. BROWN, Widow of Bobby Brown,
Petitioner,
v.
PERFORMANCE COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(07-0978-BLA)
Submitted: April 15, 2009 Decided: May 5, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
S.F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West
Virginia, for Petitioner. Douglas A. Smoot, Kathy L. Snyder,
JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondent
Performance Coal Company.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Janice Brown, survivor of Bobby Brown, deceased, 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. Brown v. Performance Coal Co., No.
07-0978-BLA (B.R.B. Aug. 29, 2008). 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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