Blankenship v. Island Creek Coal Co.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2430 NEAL BLANKENSHIP, Petitioner, versus ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (99-1194-BLA, 99-1194-BLA-A, 98-1011-BLA) Submitted: April 10, 2001 Decided: May 18, 2001 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Neal Blankenship, Petitioner Pro Se. Martin Ellison Hall, JACKSON & KELLY, Lexington, Kentucky; Patricia May Nece, Jeffrey Steven Goldberg, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Neal Blankenship 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 1986 & Supp. 2000). 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.* See Blankenship v. Island Creek Coal Co., Nos. 99-1194- BLA; 99-1194-BLA-A; 98-1011-BLA (Oct. 31, 2000). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED * We have considered the recent revisions to the regulations implementing the Black Lung Benefits Act, see Regulations Imple- menting the Federal Coal Mine Health and Safety Act of 1969, as amended; 65 Fed. Reg. 79,919 (December 20, 2000), and have deter- mined that the revisions do not affect the outcome of this case. 2