Dunbar v. Consolidation Coal Co.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1956 BUFORD C. DUNBAR, SR., Petitioner, versus CONSOLIDATION COAL COMPANY; DIRECTOR, OFFICE OF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. (00-0930-BLA) Submitted: November 29, 2001 Decided: December 5, 2001 Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. Buford C. Dunbar, Sr., Appellant Pro Se. Mary Rich Maloy, JACKSON & KELLY, Charleston, West Virginia; Christian P. Barber, Mary K. Forrest-Doyle, 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 Unpublished opinions are not binding precedent in this circuit.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: Buford C. Dunbar, Sr., 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. 2001). 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 Dunbar v. Consolidation Coal Co., No. 00-0930- BLA (B.R.B. June 19, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. AFFIRMED * We have considered the revisions to the regulations imple- menting the Black Lung Benefits Act, see Regulations Implementing the Federal Coal Mine Health and Safety Act of 1969, as amended; 65 Fed. Reg. 79,919 (Dec. 20, 2000), and have determined that the revisions do not affect the outcome of this case. 2