Scribd Logo
Upload

Welcome to Scribd!

  • Gilbert v. Island Creek Coal Company, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    1) Peggy Gilbert sought black lung benefits from an administrative law judge (ALJ) for her deceased husband's disease. The ALJ awarded benefits but the Benefits Review Board reversed. 2) Gilbert petitioned the Fourth Circuit Court of Appeals for review of the Board's decision. 3) The Fourth Circuit denied Gilbert's petition, finding that the Board's decision was supported by substantial evidence and without reversible error. The court declined to hear oral arguments because the case details were clear.

    Original Description:

    Filed: 2009-04-29 Precedential Status: Non-Precedential Docket: 08-2073

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Peggy Gilbert sought black lung benefits from an administrative law judge (ALJ) for her deceased husband's disease. The ALJ awarded benefits but the Benefits Review Board reversed. 2) Gilbert petitioned the Fourth Circuit Court of Appeals for review of the Board's decision. 3) The Fourth Circuit denied Gilbert's petition, finding that the Board's decision was supported by substantial evidence and without reversible error. The court declined to hear oral arguments because the case details were clear.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2 views2 pages

    Gilbert v. Island Creek Coal Company, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    1) Peggy Gilbert sought black lung benefits from an administrative law judge (ALJ) for her deceased husband's disease. The ALJ awarded benefits but the Benefits Review Board reversed. 2) Gilbert petitioned the Fourth Circuit Court of Appeals for review of the Board's decision. 3) The Fourth Circuit denied Gilbert's petition, finding that the Board's decision was supported by substantial evidence and without reversible error. The court declined to hear oral arguments because the case details were clear.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-2073

    PEGGY GILBERT,
    Petitioner,
    v.
    ISLAND CREEK COAL COMPANY;
    COMPENSATION PROGRAMS,

    DIRECTOR,

    OFFICE

    OF

    WORKERS

    Respondents.

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


    (07-0850-BLA)

    Submitted:

    April 15, 2009

    Decided:

    April 29, 2009

    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Derrick W. Lefler, GIBSON, LEFLER & ASSOCIATES, Princeton, West


    Virginia, for Petitioner. Ashley M. Harman, JACKSON KELLY PLLC,
    Morgantown, West Virginia, for Respondent Island Creek Coal
    Company.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Peggy Gilbert, surviving spouse of Grant P. Gilbert,
    seeks review of the Benefits Review Boards decision and order
    reversing the administrative law judges award of black lung
    benefits pursuant to 30 U.S.C. 901-945 (2006).

    Our review of

    the record discloses that the Boards 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.
    07-0850-BLA

    (B.R.B.

    Gilbert v. Island Creek Coal Co., No.

    July

    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

    You might also like