Carnes Horn, Petitioner, v. Bishop Coal Company, Director, Office of Works' Compensationprograms, United States Department of Labor, Respondents, 12 F.3d 204 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 12 F.3d 204 (4th Cir. 1993)

Submitted: Nov. 19, 1993. Decided: Dec. 3, 1993


On Petition for Review of and Order of the Benefits Review Board.

Carnes Horn, Petitioner Pro Se.

Douglas Allan Smoot, Jackson & Kelly; Eileen Mary McCarthy, Barbara J. Johnson, United States Department of Labor, for Respondents.

Ben.Rev.Bd.

Affirmed.

Before PHILLIPS, MURNAGHAN, and NIEMEYER, Circuit Judges.

PER CURIAM:


OPINION

Appellant 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.A. Secs. 901-945 (West 1986 & Supp.1993). 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. Horn v. Bishop Coal Co., No. 88-805-BLA (B.R.B. May 27, 1993). 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