Justin Energy, Incorproated v. James Martin, No. 10-2406 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2406 JUSTIN ENERGY, INCORPORATED; WEST VIRGINIA CWP FUND, Petitioners, v. JAMES P. MARTIN; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondents. On Petition for Review of an Order of the Benefits Review Board. (09-0853-BLA) Submitted: June 30, 2011 Decided: July 12, 2011 Before WILKINSON, MOTZ, and DIAZ, Circuit Judges. Petition denied by unpublished per curiam opinion. Mark J. Grigoraci, ROBINSON & MCELWEE, PLLC, Charleston, West Virginia, for Petitioners. S.F. Raymond Smith, DAVID HUFFMAN LAW SERVICES, Parkersburg, West Virginia, for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Petitioners seek review of the Benefits Review Board s ( Board ) decision and order affirming the administrative law judge s award of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 2007 & Supp. 2011). Our review of the record discloses that the Board s decision is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition for review for the reasons stated by the Board. Justin Energy, Inc. v. Martin, No. 09-0853-BLA (BRB Oct. 29, 2010). legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DENIED 2

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