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CLINCHFIELD COAL COMPANY v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 11-1163.

CLINCHFIELD COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; SIDNEY LLOYD BURDEN, JR., Administrator of the Estate of Sidney Burden, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2011.

Attorney(s) appearing for the Case

Timothy W. Gresham , PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Petitioner.

M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Patricia M. Nece , Sarah M. Hurley , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Joseph E. Wolfe , Ryan C. Gilligan , WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS, Norton, Virginia, for Respondents.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Clinchfield Coal Company seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's award 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...

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