Clark v. Eastern Assoc Coal ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1730
EARNEST P. CLARK,
Petitioner,
versus
EASTERN ASSOCIATED COAL CORPORATION; DIRECTOR,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(03-0631-BLA)
Submitted: November 24, 2004 Decided: December 21, 2004
Before LUTTIG, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
S. F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West
Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff Klaus,
GREENBERG TRAURIG, L.L.P., Washington, D.C., for Respondent Eastern
Associated Coal Corporation.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Earnest P. Clark seeks review of a decision and order of
the Benefits Review Board (“Board”) affirming the administrative
law judge’s denial of black lung benefits pursuant to 30 U.S.C.
§§ 901-45 (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 Clark v. Eastern Associated Coal Corp., No. 03-0631-BLA
(BRB April 29, 2004). 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