Hammonds v. Island Creek Coal

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1741 WILLIAM W. HAMMONDS, Petitioner, versus ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF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. (97-1015-BLA) Submitted: July 21, 1998 Decided: August 5, 1998 Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. William W. Hammonds, Petitioner Pro Se. Mary Rich Maloy, JACKSON & KELLY, Charleston, West Virginia; Christina P. Barber, Gary K. Stearman, 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 Unpublished opinions are not binding precedent in this circuit.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: Petitioner seeks review of the Benefits Review Board’s deci- sion and order and order on reconsideration affirming the adminis- trative law judge’s denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp.1998). Our review of the record discloses that the Board’s decision is based upon substan- tial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. Hammonds v. Island Creek Coal Co. No. 97-1015-BLA (B.R.B. Mar. 31 & May 6, 1998). 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