UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-1205

ARTHUR NUCKLES,

Petitioner,

versus

CLINCHFIELD COAL COMPANY; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (No. 94-0403-BLA)

Submitted: February 11, 1997 Decided: February 21, 1997

Before WILLIAMS and MOTZ, Circuit Judges, and PHILLIPS, Senior Cir- cuit Judge.

Affirmed by unpublished per curiam opinion.

Arthur Nuckles, Petitioner Pro Se. Michael Francis Blair, PENN, STUART & ESKRIDGE, Abingdon, Virginia; Patricia May Nece, John M. McCracken, 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Unpublished opinions are not binding precedent in this circuit.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 order

granting his motion for reconsideration and reaffirming the deci-

sion and order affirming the ALJ's decision to deny his application

for black lung benefits pursuant to

(West

1986 & Supp. 1996). Our review of the record discloses that the Board's decisions are based upon substantial evidence and are with-

out reversible error. Accordingly, we affirm on the reasoning of

the Board. Nuckles v. Clinchfield Corp., No. 94-0403-BLA (B.R.B. Feb. 24, 1995 & Jan. 25, 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 deci- sional process.

AFFIRMED

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