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  • Amigo Smokeless Coal v. Jenks, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit affirmed the decision of the Benefits Review Board awarding black lung benefits to Herschel Jenks. The Board's decision was based on substantial evidence and without reversible error. The court affirmed the award of benefits for the reasons stated by the Board. The court also dispensed with oral argument because the facts and legal issues were adequately presented in the case materials.

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    Filed: 2007-10-12 Precedential Status: Non-Precedential Docket: 06-1339

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    The United States Court of Appeals for the Fourth Circuit affirmed the decision of the Benefits Review Board awarding black lung benefits to Herschel Jenks. The Board's decision was based on substantial evidence and without reversible error. The court affirmed the award of benefits for the reasons stated by the Board. The court also dispensed with oral argument because the facts and legal issues were adequately presented in the case materials.

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    Public Domain
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    6 views2 pages

    Amigo Smokeless Coal v. Jenks, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the decision of the Benefits Review Board awarding black lung benefits to Herschel Jenks. The Board's decision was based on substantial evidence and without reversible error. The court affirmed the award of benefits for the reasons stated by the Board. The court also dispensed with oral argument because 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    UNPUBLISHED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. 06-1339

    AMIGO SMOKELESS COAL COMPANY,


    Petitioner,
    versus
    HERSCHEL H. JENKS; BENEFITS REVIEW BOARD;
    DIRECTOR, OFFICE OF WORKERS COMPENSATION
    PROGRAMS,
    Respondents.

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


    (05-0529-BLA)

    Submitted:

    September 26, 2007

    Decided:

    October 12, 2007

    Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Douglas A. Smoot, Kathy L. Snyder, JACKSON KELLY PLLC, Morgantown,


    West Virginia, for Petitioner. Frederick K. Muth, HENSLEY, MUTH,
    GARTON & HAYES, Bluefield, West Virginia; Jonathan L. Snare, Acting
    Solicitor of Labor, Patricia M. Nece, Jeffrey S. Goldberg, UNITED
    STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Amigo Smokeless Coal Company seeks review of the Benefits
    Review Boards decision and order affirming the administrative law
    judges award of black lung benefits on a claim filed by Herschel
    Jenks pursuant to 30 U.S.C. 901-945 (2000).
    record

    discloses

    that

    the

    Boards

    decision

    Our review of the


    is

    based

    upon

    substantial evidence and is without reversible error. Accordingly,


    we affirm for the reasons stated by the Board.

    Amigo Smokeless

    Coal Co. v. Jenks, No. 05-0529-BLA (B.R.B. Jan. 31, 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

    - 2 -

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