UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1805

GOLDIE M. SUTHERLAND, Widow of James T. Sutherland,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; MULLINS COAL COMPANY; WEST VIRGINIA COAL-WORKERS' PNEUMOCONIOSIS FUND,

Respondents.

On Petition for Review of an Order of the Benefits Review Board (02-449-BLA)

Submitted: January 15, 2004 Decided: January 27, 2004

Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Goldie M. Sutherland, Petitioner Pro Se. Michelle Seyman Gerdano, Patricia May Nece, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Robert Weinberger, Senior Assistant Attorney General, Charleston, West Virginia, for Respondents. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Goldie M. Sutherland seeks review of the Benefits Review

Board’s decision and orders affirming the administrative law

judge’s denial of black lung benefits pursuant to

(2000) and denying reconsideration. 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 Sutherland v. DOWCP,

No. 02-449-BLA (BRB June 6, 2003). 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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