Chester Flanary, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor; Big Mac Coal Company,respondents, 12 F.3d 204 (4th Cir. 1993)

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

Submitted Nov. 8, 1993. Decided Nov. 22, 1993


On Petition for Review of an Order of the Benefits Review Board, No. 91-1607-BLA.

Chester Flanary, pro se.

Patricia May Nece, Jeffrey Steven Goldberg, U.S. Dept. of Labor, Mark Elliott Solomons, Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before WILKINS, NIEMEYER, and WILLIAMS, Circuit Judges.

OPINION

PER CURIAM:


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. Flanary v. Director, Office of Workers' Compensation Programs, No. 91-1607-BLA (B.R.B. Feb. 25, 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.