UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-1519

COWIN & COMPANY, INCORPORATED, Petitioner, versus

JAMES CABE, Deceased; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (99-561-BLA, 97-1806-BLA, 95-1328-BLA, 92-2176-BLA)

Submitted: October 31, 2000 Decided: November 16, 2000

Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William H. Howe, Mary Lou Smith, HOWE, ANDERSON & STEYER, P.C., Washington, D.C., for Petitioner. Henry L. Solano, Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Bene- fits, Patricia M. Nece, Rita A. Roppolo, 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Unpublished opinions are not binding precedent in this circuit.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: Cowin & Company, Incorporated seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s award of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 2000). Our review of the record dis- closes that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm substan- tially on the reasoning of the Board. See Cowin & Co., Inc. v. Cabe, Nos. 99-561-BLA; 97-1806-BLA; 95-1328-BLA; 92-2176-BLA (B.R.B. Mar. 2, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process.

AFFIRMED