UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-2113

JOE L. SPARKS, 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. (96-486-BLA)

Submitted: May 19, 1998 Decided: July 16, 1998

Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joe L. Sparks, Appellant Pro Se. Timothy Ward Gresham, PENN, STUART, ESKRIDGE & JONES, Abingdon, Virginia; Cathryn Celeste Helm, Christian P. Barber, 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Unpublished opinions are not binding precedent in this circuit.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: Joe L. Sparks seeks review of the Benefits Review Board’s de- cision 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. 1997). 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.

Sparks v. Clinchfield Coal Co., BRB No. 96-486-BLA, (B.R.B. July 23, 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