Beulah Clifton, Petitioner, v. Island Creek Coal Company; Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 52 F.3d 320 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 52 F.3d 320 (4th Cir. 1995) Submitted: January 4, 1995. Decided: April 19, 1995

Beulah Clifton, Petitioner Pro Se.

Douglas Allan Smoot, JACKSON & KELLY, Charleston, WV; Christian P. Barber, Gary K. Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, DC, for Respondents.

Before MURNAGHAN, LUTTIG and WILLIAMS, Circuit Judges.

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.1994). 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. Clifton v. Island Creek Coal Co., No. 92-1644-BLA (Ben. Rev. Bd. Apr. 28, 1994). 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