Crites v. Consolidation Coal, No. 04-1019 (4th Cir. 2006)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1019 CLARENCE O. CRITES, Petitioner, versus CONSOLIDATION COAL COMPANY; DIRECTOR, OFFICE OF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. (03-0108-BLA; 03-0108-BLA-A) Submitted: June 30, 2004 Decided: January 31, 2006 Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Robert F. Cohen, Jr., COHEN, ABATE & COHEN, L.C., Morgantown, West Virginia, for Petitioner. William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West Virginia; Christian P. Barber, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Helen Hart Cox, OFFICE OF WORKERS COMPENSATION PROGRAMS, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Clarence O. Crites 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 reversible error. upon Board. substantial evidence and is without Accordingly, we affirm on the reasoning of the See Crites v. Consolidation Coal Co., Nos. 03-0108-BLA; 03-0108-BLA-A (BRB Oct. 31, 2003). 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 - 2 -

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.