Ethel Tolliver v. Eastern Associated Coal Compan, No. 13-1625 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1625 ETHEL E. TOLLIVER, widow of Michael Lee Tolliver, Petitioner, v. EASTERN ASSOCIATED COAL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 (12-0376-BLA). Submitted: November 26, 2013 Decided: December 20, 2013 Before NIEMEYER, SHEDD, and AGEE, Circuit Judges. Petition denied by unpublished per curiam opinion. S. F. Raymond Smith, DAVID HUFFMAN LAW SERVICES, Parkersburg, West Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff Klaus, GREENBERG TRAURIG LLP, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ethel E. Tolliver seeks review of the Benefits Review Board s decision judge s denial and of black §§ 901-945 (2006). Board s decision order affirming lung the benefits administrative pursuant to 30 U.S.C. Our review of the record discloses that the is based without reversible error. upon substantial evidence and Tolliver v. E. Assoc. Coal Corp., No. 1:12-0376-BLA (B.R.B. Mar. 20, 2013). with contentions are oral argument adequately is Accordingly, we deny the petition for review for the reasons stated by the Board. dispense law because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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