Stiltner v. Island Creek Coal Co.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1513 GARLAND STILTNER, Petitioner, versus ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’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. (02-257-BLA-A) Submitted: October 3, 2003 Decided: October 22, 2003 Before WIDENER, LUTTIG, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Garland Stiltner, Petitioner Pro Se. Mary Rich Maloy, JACKSON & KELLY, Charleston, West Virginia; Patricia May Nece, Rita A. Roppolo, 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 Unpublished opinions are not binding precedent in this circuit.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: Garland Stiltner seeks review of the Benefits Review Board’s decision and orders affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C. §§ 901-945 (2000), and denying Stiltner’s motion for reconsideration. 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 Stiltner v. Island Creek Coal Co., No. 02-257-BLA-A (B.R.B. Nov. 26, 2002 and Mar. 19, 2003). 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