Margaret Elswick, on Behalf of Jacob K. Elswick, Deceased, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor; Dominion Coalcorporation, Respondents, 981 F.2d 1250 (4th Cir. 1992)

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U.S. Court of Appeals for the Fourth Circuit - 981 F.2d 1250 (4th Cir. 1992)

Submitted: September 9, 1992Decided: December 16, 1992


On Petition for Review of an Order of the Benefits Review Board. (88-1421-BLA)

Margaret Elswick, Petitioner Pro Se.

Michael John Denney, Deborah Elaine Mayer, United States Department of Labor, Washington, D.C.; John L. Kilcullen, Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Washington, D.C., for Respondents.

Ben. Rev. Bd.

Affirmed.

Before WILKINSON, WILKINS, and WILLIAMS, Circuit Judges.

PER CURIAM:


OPINION

Margaret Elswick, on behalf of her deceased husband, seeks review of the Benefits Review Board's decision and orders affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1992) and denying her motion for reconsideration. Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Elswick v. Director, Office of Workers' Compensation Programs, No. 88-1421-BLA (B.R.B. Apr. 22, 1991 and Jan. 24, 1992). 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