May v. Mountaineer Coal Development Co.
This text of May v. Mountaineer Coal Development Co. (May v. Mountaineer Coal Development Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-1812
JOHN T. MAY,
Petitioner,
v.
MOUNTAINEER COAL DEVELOPMENT COMPANY/MARROWBONE DEVELOPMENT; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
Respondents.
On Petition for Review of an Order of the Benefits Review Board. (07-0671-BLA)
Submitted: April 23, 2009 Decided: August 17, 2009
Before TRAXLER, Chief Judge, and GREGORY and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Leonard Stayton, Inez, Kentucky, for Petitioner. William S. Mattingly, William P. Margelis, JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
John T. May 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. May v. Mountaineer
Coal Dev. Co., No. 07-0671 BLA (B.R.B. May 30, 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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