UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 and order affirming the administrative law

judge’s denial 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. Tolliver v. E.

Assoc. Coal Corp., No. 1:12-0376-BLA (B.R.B. Mar. 20, 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

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