UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1498
ERNESTINE BAILEY, on behalf of and widow of
Virgil Bailey,
Petitioner,
versus
HARMAN MINING 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.
(99-849-BLA)
Submitted: October 25, 2004 Decided: November 4, 2004
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ernestine Bailey, Petitioner Pro Se. Mark Elliott Solomons, Laura
Metcoff Klaus, GREENBERG TRAURIG, LLP, Washington, D.C.; Jeffrey
Steven Goldberg, Christian P. Barber, 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Unpublished opinions are not binding precedent in this circuit.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:
Ernestine Bailey seeks review of the Benefits Review
Board’s (“Board”) decision and order affirming the administrative
law judge’s denial of black lung benefits pursuant to 30 U.S.C.
§§ 901-45 (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 Bailey v. Harman Mining Co., No. 99-849-BLA (BRB
Apr. 9, 2004). 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
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