Salyer v. DOWCP, (4th Cir. 1996)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-1338

EDWARD O. SALYER, Petitioner, versus

DIRECTOR, OFFICE OF WORKERS' COMPENSATION

PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

On Petition for Review of an Order of the Benefits Review Board.

(94-162-BLA)

Submitted: May 31, 1996 Decided: June 25, 1996

Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Edward O. Salyer, Petitioner Pro Se. Patricia May Nece, Christian

P. Barber, Gary K. Stearman, 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Unpublished opinions are not binding precedent in this circuit.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

Appellant 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 1986 & Supp. 5). 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. Salyer v. Director, Office of Workers' Compensation , No. 94-162-BLA (B.R.B. Jan. 11, 1995). 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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