Kiser v. Clinchfield Coal Co

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 20, 2004
• Docket: 03-2445
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-2445

WILMA FAY KISER,

Petitioner,

versus

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

Respondents.

On Petition for Review of an Order of the Benefits Review Board (02-0588-BLA)

Submitted: April 15, 2004 Decided: April 20, 2004

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Wilma Fay Kiser, Appellant Pro Se. Timothy Ward Gresham, PENN, STUART & ESKRIDGE, Abingdon, Virginia; Patricia May Nece, Sarah Marie Hurley, 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Unpublished opinions are not binding precedent in this circuit.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:

Wilma Fay Kiser seeks review of the Benefits Review

Board’s decision and orders affirming the administrative law

judge’s denial of her survivor’s claim for black lung benefits

pursuant to 30 U.S.C. §§ 901-945 (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 Kiser v. Clinchfield Coal Co., No. 02-0588-BLA (BRB

Apr. 24, 2003, Oct. 15, 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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