Virgil E. Bailey, Petitioner, v. Harmon Mining Company; Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 54 F.3d 772 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 54 F.3d 772 (4th Cir. 1995) Submitted: April 18, 1995. Decided: May 19, 1995

Virgil E. Bailey, Petitioner Pro Se. Mark Elliott Solomons, Laura Metcoff Klaus, Arter & Hadden, Washington, DC; Patricia May Nece, Cathryn Celeste Helm, United States Department of Labor, Washington, DC, for Respondents.



Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


Petitioner 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 is without reversible error. Accordingly, we affirm on the reasoning of the Board. Bailey v. Harmon Mining Co., No. 94-3684-BLA (B.R.B. Jan. 30, 1995). 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.