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  • Mosley v. Eastern Associated Coal, 4th Cir. (2007)

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    Robert Mosley sought black lung benefits and was denied by an administrative law judge. The Benefits Review Board affirmed the denial. Mosley then appealed to the U.S. Court of Appeals. The Court of Appeals affirmed the Board's decision, finding that the Board's decision was based on substantial evidence and without reversible error. The court dispensed with oral arguments as the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2007-04-06 Precedential Status: Non-Precedential Docket: 06-1609

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    Robert Mosley sought black lung benefits and was denied by an administrative law judge. The Benefits Review Board affirmed the denial. Mosley then appealed to the U.S. Court of Appeals. The Court of Appeals affirmed the Board's decision, finding that the Board's decision was based on substantial evidence and without reversible error. The court dispensed with oral arguments as the facts and legal issues were adequately presented in the case materials.

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    Mosley v. Eastern Associated Coal, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Robert Mosley sought black lung benefits and was denied by an administrative law judge. The Benefits Review Board affirmed the denial. Mosley then appealed to the U.S. Court of Appeals. The Court of Appeals affirmed the Board's decision, finding that the Board's decision was based on substantial evidence and without reversible error. The court dispensed with oral arguments as the facts and legal issues were adequately presented in the case materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-1609

    ROBERT L. MOSLEY,
    Petitioner,
    versus
    EASTERN ASSOCIATED COAL CORPORATION, LLC;
    DIRECTOR, OFFICE OF WORKERS COMPENSATION
    PROGRAMS,
    Respondents.

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


    (05-0720-BLA)

    Submitted:

    February 5, 2007

    Decided:

    April 6, 2007

    Before WILLIAMS, MOTZ, and KING, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Leonard Stayton, Inez, Kentucky, for Petitioner. Mark E. Solomons,


    Laura Metcoff Klaus, GREENBERG TRAURIG, LLP, Washington, D.C., for
    Respondent Eastern Associated Coal Corporation, LLC.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert L. Mosley 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. Accordingly, we affirm for the reasons stated by


    the

    Board.

    Mosley

    v.

    Eastern

    05-0720-BLA (BRB Apr. 27, 2006).

    Assoc.

    Coal

    Corp.,

    LLC,

    No.

    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

    - 2 -

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