UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-1409

CHARLES B. PERRY, Petitioner, versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO- GRAMS, UNITED STATES DEPARTMENT OF LABOR; CANNELTON INDUSTRIES, INCORPORATED, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (98-0524-BLA)

Submitted: August 5, 1999 Decided: August 10, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Charles B. Perry, Petitioner Pro Se. Steven D. Breeskin, Deputy Commissioner, Christian P. Barber, Sarah Marie Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Paul Edwin Frampton, BOWLES, RICE, MCDAVID, GRAFF & LOVE, Fairmont, West Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Charles Perry 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. 1999). 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.

See Perry v. Cannelton Industries, No. 98-0524-BLA (Mar. 19, 1999).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED