Consolidation Coal Company v. Donald Gilbert, No. 13-1939 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1939 CONSOLIDATION COAL COMPANY, Petitioner, v. DONALD E. GILBERT; DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (12-0427-BLA) Submitted: March 13, 2014 Decided: March 19, 2014 Before GREGORY, AGEE, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. William S. Mattingly, Jeffrey R. Soukup, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. Heath M. Long, PAWLOWSKI, BILONICK, & LONG, Ebensburg, Pennsylvania, for Respondent Donald E. Gilbert. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Consolidation Benefits Review Coal Board s Company decision seeks and review the affirming order of the administrative law judge s award of black lung benefits pursuant to 30 U.S.C. §§ 901-945 (2012). Our review of the parties briefs discloses and decision the is record based reversible error. upon on appeal substantial that evidence the Board s is without and Accordingly, we deny the petition for review for the reasons stated by the Board. Consolidation Coal Co. v. Gilbert, No. 12-0427-BLA (B.R.B. May 30, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 2

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