Waugh v. Clinchfield Coal Co. ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-2351
ROGER L. WAUGH,
Petitioner,
versus
CLINCHFIELD COAL CO.; DIRECTOR, OFFICE OF
WORKERS' COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(95-426-BLA)
Submitted: December 9, 1997 Decided: December 23, 1997
Before HALL, MURNAGHAN, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Roger L. Waugh, Petitioner Pro Se. Timothy Ward Gresham, PENN,
STUART & ESKRIDGE, Abingdon, Virginia; Patricia May Nece, Cathryn
Celeste Helm, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant 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.A. §§ 901-945 (West 1986 & Supp.
1996). Our review of the record discloses that the Board's decision
is based upon substantial evidence and is without reversible error.
Accordingly, we affirm on the reasoning of the Board. Waugh v.
Clinchfield Coal Co., No. 95-426-BLA (B.R.B. Sept. 8, 1997). 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
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