# Brown v. Performance Coal Company

> Court of Appeals for the Fourth Circuit · May 5, 2009

URL: https://www.frixlaw.com/law-library/cases/1028778

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 5, 2009
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-2084

JANICE V. BROWN, Widow of Bobby Brown,

Petitioner,

v.

PERFORMANCE COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’
COMPENSATION PROGRAMS,

Respondents.

On Petition for Review of an Order of the Benefits Review Board.
(07-0978-BLA)

Submitted: April 15, 2009 Decided: May 5, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

S.F. Raymond Smith, JULIET RUNDLE & ASSOCIATES, Pineville, West
Virginia, for Petitioner. Douglas A. Smoot, Kathy L. Snyder,
JACKSON KELLY PLLC, Morgantown, West Virginia, for Respondent
Performance Coal Company.

Unpublished opinions are not binding precedent in this circuit.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

Janice Brown, survivor of Bobby Brown, deceased, seeks

review of the Benefits Review Board’s decision and order

affirming the administrative law judge’s denial of black lung

benefits pursuant to 30 U.S.C. §§ 901-945 (2006). Our review of

the record discloses that the Board’s 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. Brown v. Performance Coal Co., No.

07-0978-BLA (B.R.B. Aug. 29, 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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1028778. Public record. Not legal advice.