Smith v. DOWCP

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 28, 1996
• Docket: 95-2880
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-2880

DORIS F. SMITH, Widow of Reeland T. Smith,

Petitioner,

versus

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PRO- GRAMS, UNITED STATES DEPARTMENT OF LABOR,

Respondent.

On Petition for Review of an Order of the Benefits Review Board. (92-778-BLA)

Submitted: May 16, 1996 Decided: May 28, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Doris F. Smith, Petitioner Pro Se. Cathryn Celeste Helm, Christian P. Barber, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.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

Appellant seeks review of the Benefits Review Board's decision

and order and decision and order on reconsideration affirming the

administrative law judge's denial of black lung benefits pursuant

to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1995). Our review of

the record discloses that the Board's decision is based upon sub- stantial evidence and is without reversible error. Accordingly, we

affirm on the reasoning of the Board. Smith v. Director, Office of Workers' Compensation Programs, No. 92-778-BLA (B.R.B. Aug. 25,

1995). 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