Lusk v. Stonecoal Branch ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1496
EARNEL LUSK,
Petitioner,
versus
STONECOAL BRANCH MINING, INCORPORATED; WEST
VIRGINIA COAL WORKERS' PNEUMOCONIOSIS FUND,
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.
(02-713-BLA)
Submitted: August 28, 2003 Decided: October 10, 2003
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West
Virginia, for Petitioner. Robert Weinberger, EMPLOYMENT LITIGATION
UNIT, Charleston, West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Earnel Lusk 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 Lusk v.
Stonecoal Branch Mining, Inc., No. 02-713-BLA (BRB Apr. 11, 2003).
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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