Robinson-Phillips v. England, No. 05-2249 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-2249 ROBINSON-PHILLIPS COAL COMPANY, Petitioner, versus IRENE ENGLAND, Surviving Spouse of Leonard England; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (05-282-BLA) Submitted: March 22, 2006 Decided: April 17, 2006 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Douglas Allan Smoot, JACKSON & KELLY, PLLC, Charleston, West Virginia; Ashley Marie Harman, JACKSON & KELLY, PLLC, Morgantown, West Virginia, for Petitioner. Christian P. Barber, Barry H. Joyner, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent Director. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Robinson-Phillips Benefits Review Board s Coal Company decision and seeks review of the order affirming the administrative law judge s award of survivor s 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. on the reasoning of the Board. Accordingly, we affirm See Robinson-Phillips v. England, No. 05-282-BLA (BRB Sept. 15, 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 - 2 -

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