981 F2d 1251 Plaster v. Director Office of Workers' Compensation Programs

981 F.2d 1251

Pauline PLASTER, Widow of Jennings Plaster, Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United
States Department of Labor; Jewell Ridge Mining
Corporation, Respondents.

No. 92-1849.

United States Court of Appeals,
Fourth Circuit.

Submitted: October 30, 1992
Decided: December 16, 1992

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. (90-1134-BLA)

Pauline Plaster, Petitioner Pro Se.

Patricia May Nece, Jeffrey Steven Goldberg, United States Department of Labor, Washington, D.C.; Timothy Ward Gresham, Penn, Stuart, Eskridge & Jones, Abingdon, Virginia, for Respondents.

Ben. Rev. Bd.

Affirmed.

Before PHILLIPS, WILKINS, and HAMILTON, Circuit Judges.

PER CURIAM:

OPINION


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1

Pauline Plaster 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. 1992). 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. Plaster v. Director, Office of Workers' Compensation Programs, No. 90-1134-BLA (B.R.B. June 25, 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