Plymale v. Apogee Coal Company, (4th Cir. 2002)
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UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-1677 JERRY PLYMALE, Petitioner, versus
APOGEE COAL COMPANY; DIRECTOR, OFFICE OF
WORKERSÂ’ COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (01-0823-BLA)
Submitted: November 19, 2002 Decided: December 4, 2002
Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West
Virginia, for Petitioner. Mary Rich Maloy, JACKSON & KELLY,
P.L.L.C., Charleston, West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM
Jerry Plymale seeks review of the Benefits Review Board§§ 901-945 (2000).
Our review of the record discloses that the BoardÂ’s decision is based upon substantial evidence and is without reversible error.
Accordingly, we affirm on the reasoning of the Board. See Plymale v. Apogee Coal Co. , No. 01-0823-BLA (BRB May 23, 2002). 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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