Island Creek Coal Company v. Darrel Dewitt, No. 08-1818 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1818 ISLAND CREEK COAL COMPANY, Petitioner, v. DARREL B. DEWITT; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (07-0741-BLA) Submitted: April 15, 2009 Decided: April 28, 2009 Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition denied by unpublished per curiam opinion. William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. Timothy C. MacDonnell, Mary Z. Natkin, Ketan V. Patel, WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW, Lexington, Virginia, for Respondent Darrel B. Dewitt. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Island Creek 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 on substantial evidence and is without reversible error. Accordingly, we deny the petition for review for the reasons stated by the Board. Island Creek Coal Co. v. Dewitt, No. 07-0741-BLA (B.R.B. May 30, 2008). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. PETITION DENIED 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.