UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1779
DOWELL BAILEY,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS,
Respondent.
On Petition for Review of an Order of the Benefits Review Board.
(04-896-BLA)
Submitted: January 20, 2006 Decided: February 8, 2006
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West
Virginia, for Petitioner. Howard M. Radzely, Solicitor of Labor,
Allen H. Feldman, Associate Solicitor, Patricia M. Nece, Counsel
for Appellate Litigation, Rita Roppolo, 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Unpublished opinions are not binding precedent in this circuit.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:
Dowell Bailey seeks review of the Benefits Review Board’s
decision and order affirming the administrative law judge’s
decision and order denying modification of a decision establishing
the date of Bailey’s entitlement to black lung benefits pursuant to
30 U.S.C. §§ 901-945 (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 for the reasons
stated by the Board. See Bailey v. Dir., Office of Workers’ Comp.
Programs, No. 04-896-BLA (BRB May 17, 2005). 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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