Filed: Mar. 29, 2010
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1984 EDSIL B. KEENER, Executor for Estate of Shirley Keener, on behalf of Shirley Keener, Deceased Survivor of Edsil Keener and on behalf of Edsil Keener, Deceased Miner, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; PEERLESS EAGLE COAL COMPANY, Respondents. On Petition for Review of an Order of the Benefits Review Board. (08-0261-BLA) Submitted: March 10, 2010 Decided: March 29, 2010 Before GREGORY, SH
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1984 EDSIL B. KEENER, Executor for Estate of Shirley Keener, on behalf of Shirley Keener, Deceased Survivor of Edsil Keener and on behalf of Edsil Keener, Deceased Miner, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; PEERLESS EAGLE COAL COMPANY, Respondents. On Petition for Review of an Order of the Benefits Review Board. (08-0261-BLA) Submitted: March 10, 2010 Decided: March 29, 2010 Before GREGORY, SHE..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1984
EDSIL B. KEENER, Executor for Estate of Shirley Keener, on
behalf of Shirley Keener, Deceased Survivor of Edsil Keener
and on behalf of Edsil Keener, Deceased Miner,
Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; PEERLESS
EAGLE COAL COMPANY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(08-0261-BLA)
Submitted: March 10, 2010 Decided: March 29, 2010
Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.
Petition denied by unpublished per curiam opinion.
John Cline, Piney View, West Virginia, for Petitioner.
Douglas A. Smoot, Kathy L. Snyder, JACKSON KELLY PLLC,
Morgantown, West Virginia, for Respondent Peerless Eagle Coal
Company.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edsil B. Keener seeks review of the Benefits Review
Board’s decision and order affirming the administrative law
judge’s denial of black lung benefits pursuant to 30 U.S.C.
§§ 901-945 (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. Keener v. DOWCP,
No. 08-0261-BLA (B.R.B. Nov. 25, 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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