KANAWHA COAL COMPANY, Petitioner, v. John AKERS; Director, Office of Workers' Compensation Programs, Respondents, 171 F. App'x 991

PER CURIAM: Kanawha Coal Company seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s award of black lung benefits on a claim filed by John Akers pursuant to 30 U.S.C. §§ 901-945 (2000). Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm for the reasons stated by the Board. See Kanawha Coal Co. v. Akers, No. 04-652-BLA (BRB Apr. 29, 2005). 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