Kanawha Coal Company v. John Akers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1594
KANAWHA COAL COMPANY,
Petitioner,
versus
JOHN AKERS; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-652-BLA)
Submitted: February 28, 2006 Decided: March 22, 2006
Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David L. Yaussy, ROBINSON & MCELWEE, PLLC, Charleston, West
Virginia, for Petitioner. Sandra M. Fogel, CULLEY & WISSORE,
Carbondale, Illinois; Mary Z. Natkin, James M. Phemister,
WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW, Lexington, Virginia,
for Respondent John Akers.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Kanawha Coal Company seeks review of the Benefits Review
Board’s decision and order affirming the administrative law judge’s
award of black lung benefits on a claim filed by John Akers
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 Kanawha Coal Co. v.
Akers, No. 04-652-BLA (BRB Apr. 29, 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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