Hatfield v. Hobet Mining Inc

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1725

EDDIE HATFIELD,

Petitioner,

versus

HOBET MINING, 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. (04-645-BLA)

Submitted: November 30, 2005 Decided: December 16, 2005

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eddie Hatfield, Petitioner Pro Se. Douglas Allan Smoot, JACKSON KELLY, PLLC, Charleston, West Virginia; Ashley Marie Harman, Kathy Lynn Snyder, JACKSON KELLY, PLLC, Morgantown, West Virginia; Michelle Seyman Gerdano, Patricia May Nece, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Helen Hart Cox, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, Washington, D.C., for Respondents.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Eddie Hatfield 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. §§ 901-945

(2000). 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 Hatfield v. Hobet Mining, Inc., No. 04-645-BLA (BRB May

26, 2005). 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

- 2 -