989 F2d 491 Barton v. South Hollow Coal Company Incorporated

989 F.2d 491

Wilburn C. BARTON, Petitioner,
v.
SOUTH HOLLOW COAL COMPANY, INCORPORATED; Director, Office
of Workers' Compensation Programs, United States
Department of Labor, Respondents.

No. 92-2051.

United States Court of Appeals,
Fourth Circuit.

Submitted: January 4, 1993
Decided: March 23, 1993

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

On Petition for Review of an Order of the Benefits Review Board. (91-1031-BLA)

Wilburn C. Barton, Petitioner Pro Se.

Harry Ashby Dickerson, PENN, STUART, ESKRIDGE & JONES, Abingdon, Virginia; Barbara J. Johnson, Rodger Pitcairn, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

Ben. Rev. Bd.

AFFIRMED.

Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.

PER CURIAM:

OPINION

1

Wilburn C. Barton 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. # 8E8E # 901-945 (West 1986 & Supp. 1991). Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Barton v. South Hollow Coal Co., No. 91-1031-BLA (BRB July 15, 1992). 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