UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1737

MICHAEL A. COOK, Executor for the Estate of Roy L. Cook,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondent.

On Petition for Review of an Order of the Benefits Review Board. (Nos. 95-1223-BLA, 91-1212-BLA)

Submitted: December 17, 1996 Decided: January 14, 1997

Before WILKINS and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael A. Cook, Petitioner Pro Se. Patricia May Nece, Eileen Mary McCarthy, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Petitioner seeks review of the Benefits Review Board's deci-

sion and order affirming the administrative law judge's denial of

black lung benefits pursuant to

(West 1986

& Supp. 1996). Our review of the record discloses that the Board's

decision is based upon substantial evidence and is without revers- ible error. Accordingly, we affirm on the reasoning of the Board.

Cook v. Director, OWCP, Nos. 95-1223-BLA; 91-1212-BLA (BRB Apr. 5, 1996). 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. Leave to proceed on appeal in forma pauperis is granted.

AFFIRMED

2