UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1578

WALTER F. SMITH,

Petitioner,

v.

PINE RIDGE 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. (11-0457 BLA; 10-BLA-5498)

Submitted: October 30, 2012 Decided: November 8, 2012

Before MOTZ, FLOYD, and THACKER, 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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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:

Walter F. Smith seeks review of the Benefits Review

Board’s decision and order affirming the administrative law

judge’s denial of black lung benefits pursuant to

to 945 (West 2007 & Supp. 2012). 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. Smith v. Pine Ridge Coal Co., No. 11-0457

BLA (BRB Mar. 23, 2012). 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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