U.S. Court of Appeals for the Fourth Circuit, 1994

Lowell Dingus v. Director, Office of Workers' Compensation Programs, United States Department of Labor

U.S. Court of Appeals for the Fourth Circuit · Decided September 7, 1994

35 F.3d 555; 1994 U.S. App. LEXIS 34170; 1994 WL 481937 (Federal Reporter, Third Series)

Opinion

35 F.3d 555

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Lowell DINGUS, Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United
States Department of Labor, Respondent.

No. 94-1412.

United States Court of Appeals, Federal Circuit.

Submitted Aug. 2, 1994.
Decided Sept. 7, 1994.

Lowell Dingus, petitioner pro se.

Patricia May Nece, Cheryl C. Blair-Kijewski, United States Department of Labor, Washington, D.C., for respondent.

Ben.Rev.Bd.

AFFIRMED.

Before WIDENER, WILKINSON, and WILLIAMS, Circuit Judges.

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. Secs. 901-945 (West 1986 & Supp. 1994). Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Dingus v. Director, Office of Workers' Compensation Programs, No. 92-2201-BLA (B.R.B. Jan. 31, 1994). 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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