# Brown v. Director

> Court of Appeals for the Fourth Circuit · January 26, 2009 · 309 F. App'x 690

URL: https://www.frixlaw.com/law-library/cases/1027794

## Case

- **Full name:** Daisy BROWN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; West Virginia Coal Workers’ Pneumoconiosis Fund; MacK Coal Company, Incorporated, Respondents
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 26, 2009
- **Citations:** 309 F. App'x 690
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Shedd, Hamilton
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-1232

DAISY BROWN,

Petitioner,

v.

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS; WEST
VIRGINIA COAL WORKERS’ PNEUMOCONIOSIS FUND; MACK COAL COMPANY,
INCORPORATED,

Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(07-0308-BLA)

Submitted: September 15, 2008 Decided: January 26, 2009

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Petition granted; reversed and remanded by unpublished per curiam
opinion.

S. F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West
Virginia, for Petitioner. Christopher M. Hunter, JACKSON KELLY
PLLC, Charleston, West Virginia, for Respondents West Virginia Coal
Workers’ Pneumoconiosis Fund and Mack Coal Company, Incorporated.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Daisy Brown seeks review of the Benefits Review Board’s

decision and order reversing the administrative law judge’s award

of survivor’s black lung benefits pursuant to 30 U.S.C. §§ 901-945

(2000). Our review of the record discloses that Mr. Brown received

an award of black lung benefits during his lifetime. He was

admitted to hospice care with a terminal diagnosis of

pneumoconiosis and the death certificate stated that his death was

caused by “chronic obstructive pulmonary disease due to or as a

consequence of black lung disease.” We find that the decision of

the administrative law judge is based upon substantial evidence and

is without reversible error. Accordingly, we grant the petition

for review, reverse the decision of the Board, and remand for the

award of survivor’s benefits to Mrs. Brown. Brown v. Dir., Office

of Workers’ Comp. Programs, No. 07-0308-BLA (B.R.B. Dec. 31, 2007).

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 GRANTED;
REVERSED AND REMANDED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1027794. Public record. Not legal advice.