Colegrove v. Island Creek Coal Co

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1833

SANDRA COLEGROVE, Widow of Freddie Colegrove,

Petitioner,

versus

ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (03-630-BLA)

Submitted: January 24, 2007 Decided: March 1, 2007

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leonard Stayton, Inez, Kentucky, for Petitioner. Ashley M. Harman, Douglas A. Smoot, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondent Island Creek Coal Company.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Sandra Colegrove 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

(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. Colegrove v. Island Creek Coal Co., No. 03-630-BLA

(B.R.B. May 26, 2004). 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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