UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-1818

BLACK DIAMOND CONSTRUCTION, INC.,

Petitioner,

v.

TERRY G. HAYTON; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (12-0341-BLA)

Submitted: January 31, 2014 Decided: February 6, 2014

Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

William S. Mattingly, JACKSON KELLY PLLC, Morgantown, West Virginia, for Petitioner. John Cline, Piney View, West Virginia, for Respondent Hayton.

Unpublished opinions are not binding precedent in this circuit.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

Black Diamond Construction, Incorporated, seeks review

of the Benefits Review Board’s decision and order affirming the

administrative law judge’s award of black lung benefits pursuant

to

(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.

Black Diamond Constr., Inc. v. Hayton, No. 12-0341-BLA (B.R.B.

Apr. 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

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