Musick v. Clinchfield Coal Co. ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1485
HARLIS I. MUSICK,
Petitioner,
versus
CLINCHFIELD COAL COMPANY; DIRECTOR, OFFICE OF
WORKERS’ COMPENSATION PROGRAMS, UNITED STATES
DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(02-0444-BLA)
Submitted: July 10, 2003 Decided: July 15, 2003
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Harlis I. Musick, Petitioner Pro Se. Timothy Ward Gresham, PENN,
STUART & ESKRIDGE, Abingdon, Virginia; Patricia May Nece, Helen
Hart Cox, UNITED STATES DEPARTMENT OF LABOR, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Harlis I. Musick 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 Musick
v. Clinchfield Coal Co., No. 02-0444-BLA (BRB Mar. 31, 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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