Homer Harte, Petitioner, v. Director Office of Workers' Compensation Programs, Unitedstates Department of Labor; Consolidation Coalcompany, Respondents, 16 F.3d 409 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 16 F.3d 409 (4th Cir. 1994) Submitted: Jan. 31, 1994. Decided: Feb. 8, 1994

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

Homer Harte, petitioner pro se.

Marta Kusic, Staff Atty., Rodger Pitcairn, United States Dept. of Labor, Washington, DC; Mary Rich Maloy, Jackson & Kelly, Charleston, WVA, for respondents.



Before PHILLIPS, NIEMEYER and LUTTIG, Circuit Judges.


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. Harte v. DOWCP, BRB. No. 91-1804-BLA (Ben. Rev. Bd. June 18, 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.