UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-2672

COLUMBUS LESTER, Petitioner, versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; ISLAND CREEK COAL COMPANY, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (97-478-BLA)

Submitted: August 25, 1998 Decided: October 19, 1998

Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Columbus Lester, Petitioner Pro Se. Patricia May Nece, Rita A.

Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Ann Brannon Rembrandt, JACKSON & KELLY, Charleston, West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. 1998). 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. Lester v. Director, Office of Workers’ Comp. Prog., No. 97-478-BLA (BRB Nov. 28, 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