Hatfield v. Hobet Mining Inc ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1725
EDDIE HATFIELD,
Petitioner,
versus
HOBET MINING, INCORPORATED; DIRECTOR, OFFICE
OF WORKERS’ COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(04-645-BLA)
Submitted: November 30, 2005 Decided: December 16, 2005
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eddie Hatfield, Petitioner Pro Se. Douglas Allan Smoot, JACKSON
KELLY, PLLC, Charleston, West Virginia; Ashley Marie Harman, Kathy
Lynn Snyder, JACKSON KELLY, PLLC, Morgantown, West Virginia;
Michelle Seyman Gerdano, Patricia May Nece, UNITED STATES
DEPARTMENT OF LABOR, Washington, D.C.; Helen Hart Cox, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, Washington, D.C., for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eddie Hatfield 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. §§ 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 on the reasoning of the
Board. See Hatfield v. Hobet Mining, Inc., No. 04-645-BLA (BRB May
26, 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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