Church v. DOWCP

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-1665 ELSIE B. CHURCH, widow of Sylvester Clark Church, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. On Petition For Review of an Order of the Benefits Review Board. (98-0046-BLA) Submitted: July 20, 2000 Decided: August 3, 2000 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge. Affirmed by unpublished per curiam opinion. Elsie B. Church, Petitioner Pro Se. Christian P. Barber, Jennifer U. Toth, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Elsie B. Church, widow of Sylvester Clark Church, 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. §§ 901-945 (West 1994 & Supp. 2000). Our review of the record discloses that the Board’s decision is based upon sub- stantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. See Church v. Director, Of- fice of Workers’ Compensation Programs, BRB No. 99-601-BLA (B.R.B. Feb. 29, 2000). 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 2