Carolyn Wells v. Bae Systems Norfolk Ship Repair; Director, Office of Workers’ Compensation Programs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2315
CAROLYN WELLS,
Petitioner,
v.
BAE SYSTEMS NORFOLK SHIP REPAIR; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(08-0280)
Submitted: July 7, 2009 Decided: August 14, 2009
Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Carolyn Wells, Petitioner Pro Se. Dana Rosen, CLARKE, DOLPH,
RAPAPORT, HULL, BRUNICK & GARRIOTT, PLC, Norfolk, Virginia;
Betty English, OFFICE OF THE SOLICITOR GENERAL, Washington,
D.C., Mark A. Reinhalter, Ann Marie Scarpino, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C., Thomas O. Shepherd, Jr.,
BENEFITS REVIEW BOARD, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Carolyn Wells seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s decision and order on modification remand, pursuant to
33 U.S.C. §§ 901-950 (2006). Our review of the record discloses
that the Board’s decision is based upon substantial evidence and
is in accordance with the law. See Consolidation Coal Co. v.
Held, 314 F.3d 184, 186 (4th Cir. 2002); Lane v. Union Carbide
Corp., 105 F.3d 166, 170 (4th Cir. 1997). Accordingly, although
we grant Wells’ application for leave to proceed in forma
pauperis, we deny Wells’ petition for review. 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.
DENIED

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