Long Construction Company v. Estil Stiltner, No. 09-1948 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1948 LONG CONSTRUCTION COMPANY, Petitioner, v. ESTIL STILTNER; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (08-0124-BLA) Submitted: July 15, 2010 Decided: July 29, 2010 Before WILKINSON, KING, and KEENAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Ronald E. Gilbertson, K&L GATES, LLP, Washington, D.C., for Petitioner. Joseph E. Wolfe, Ryan C. Gilligan, WOLFE, WILLIAMS, RUTHERFORD & REYNOLDS, Norton, Virginia; Deborah Greenfield, Acting Deputy Solicitor of Labor, Rae Ellen James, Associate Solicitor, Sean G. Bajkowski, Helen H. Cox, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Long Construction 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). Board s decision Our review of the record discloses that the is based without reversible error. upon substantial evidence and is Accordingly, we deny the petition for review for the reasons stated by the Board. Stiltner v. Long Constr. dispense Co., with No. 08-0124-BLA oral argument (B.R.B. Nov. 26, 2008). because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 2

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