Gent v. Beatrice Pocahontas, (4th Cir. 2000)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-1619 RUSH GENT, Petitioner, versus

BEATRICE POCAHONTAS 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.

(99-641-BLA)

Submitted: September 26, 2000 Decided: October 18, 2000

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rush Gent, Petitioner Pro Se. Douglas Allan Smoot, JACKSON &

KELLY, Charleston, West Virginia; Christian P. Barber, Helen Hart

Cox, 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Unpublished opinions are not binding precedent in this circuit.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

Rush Gent 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 1994 & Supp. 0). 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 Gent v. Beatrice Pocahontas Coal Co. , BRB No. 99-0641-BLA (B.R.B. Mar. 28, 2000). 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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