Cress v. Westmoreland Coal Co

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 4, 2000
• Docket: 99-2369
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2369

MARY H. CRESS, Widow of William H. Cress,

Petitioner,

versus

WESTMORELAND COAL COMPANY, INCORPORATED; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order of the Benefits Review Board. (98-240-BLA)

Submitted: April 25, 2000 Decided: August 4, 2000

Before NIEMEYER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mary H. Cress, Petitioner Pro Se. Douglas Allan Smoot, JACKSON & KELLY, Charleston, West Virginia; Rita A. Roppolo, Christian P. Barber, 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Unpublished opinions are not binding precedent in this circuit.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:

Mary H. Cress, the widow of William Cress, petitions for re-

view of a decision of the Benefits Review Board (Board) affirming

the administrative law judge’s decision to deny her claim for black

lung survivors’ benefits. Our review of the record discloses that

the Board’s decision is based upon substantial evidence and is

without reversible error. See Doss v. Director, Office of Workers’

Compensation Programs, 53 F.3d 654, 658 (4th Cir. 1995). Accord-

ingly, we affirm on the reasoning of the Board. See Cress v. West-

moreland Coal Co., BRB No. 98-0240-BLA (B.R.B. Dec. 16, 1998). 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