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  • Beard v. US Steel Corporation, 4th Cir. (2007)

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    Mary F. Beard sought black lung benefits following the death of her husband Boyd T. Beard. The administrative law judge denied benefits and the Benefits Review Board affirmed that denial. The United States Court of Appeals for the Fourth Circuit also affirmed, finding that the Board's decision was supported by substantial evidence and did not contain reversible error. As the facts and legal arguments were adequately presented in the case materials, the court dispensed with oral arguments.

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    Filed: 2007-08-16 Precedential Status: Non-Precedential Docket: 07-1091

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    Mary F. Beard sought black lung benefits following the death of her husband Boyd T. Beard. The administrative law judge denied benefits and the Benefits Review Board affirmed that denial. The United States Court of Appeals for the Fourth Circuit also affirmed, finding that the Board's decision was supported by substantial evidence and did not contain reversible error. As the facts and legal arguments were adequately presented in the case materials, the court dispensed with oral arguments.

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    2 views2 pages

    Beard v. US Steel Corporation, 4th Cir. (2007)

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    Scribd Government Docs
    Mary F. Beard sought black lung benefits following the death of her husband Boyd T. Beard. The administrative law judge denied benefits and the Benefits Review Board affirmed that denial. The United States Court of Appeals for the Fourth Circuit also affirmed, finding that the Board's decision was supported by substantial evidence and did not contain reversible error. As the facts and legal arguments were adequately presented in the case materials, the court dispensed with oral arguments.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-1091

    MARY F. BEARD, Widow of Boyd T. Beard,


    Petitioner,
    versus
    UNITED STATES STEEL CORPORATION; DIRECTOR,
    OFFICE OF WORKERS COMPENSATION PROGRAMS,
    Respondents.

    On Petition for Review of an Order of the Benefits Review Board.


    (05-945-BLA; 04-6291-BLA)

    Submitted:

    July 20, 2007

    Decided:

    August 16, 2007

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Larry L. Rowe, Kelly Elswick-Hall, LARRY L. ROWE, ATTORNEYS AT LAW,


    Charleston, West Virginia, for Petitioner. Howard G. Salisbury,
    Jr., KAY CASTO & CHANEY PLLC, Charleston, West Virginia, for
    Respondent United States Steel.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Mary F. Beard, widow of Boyd T. Beard, seeks review of
    the Benefits Review Boards decision and order affirming the
    administrative law judges denial of black lung benefits pursuant
    to 30 U.S.C. 901-945 (2000).

    Our review of the record discloses

    that the Boards decision is based upon substantial evidence and is


    without reversible error.
    stated by the Board.

    Accordingly, we affirm for the reasons

    Beard v. U.S. Steel Corp., Nos. 05-945-BLA;

    04-6291-BLA (BRB Aug. 14, 2006).

    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.

    AFFIRMED

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