UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1077

RHONDA COAL COMPANY,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; TEDDY J. WHITED,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (08-0234-BLA)

Submitted: October 22, 2009 Decided: November 13, 2009

Before MICHAEL, DUNCAN, and AGEE, 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Petition denied by unpublished per curiam opinion.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, for Respondent Teddy J. Whited.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Rhonda 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

(2006). 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. Rhonda Coal Co. v.

Director, Office of Workers’ Comp. Prog., No. 08-0234-BLA

(B.R.B. Nov. 26, 2008). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

PETITION DENIED

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