U.S. Court of Appeals for the Fourth Circuit, 2000

Spears v. DOWCP

Spears v. DOWCP
U.S. Court of Appeals for the Fourth Circuit · Decided June 23, 2000

Spears v. DOWCP

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2289

BARBARA SPEARS, Petitioner, versus

DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PRO- GRAMS, UNITED STATES DEPARTMENT OF LABOR; ARCH OF WEST VIRGINIA, INCORPORATED, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (98-845-BLA)

Submitted: February 29, 2000 Decided: June 23, 2000

Before WIDENER, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Barbara Spears, Petitioner Pro Se. Steven D. Breeskin, Deputy Com- missioner, Patricia May Nece, Barry H. Joyner, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Mary Rich Maloy, JACKSON & KELLY, Charleston, West Virginia, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Barbara Spears 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. 1999). 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. See Spears v. Director, Office of Workers’ Compensation Programs, BRB No. 98-845-BLA (B.R.B. Sept. 16, 1999). 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

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