Alvie R. Rudash v. Consolidation Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1051
ALVIE R. RUDASH,
Petitioner,
versus
CONSOLIDATION 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.
(02-0296-BLA)
Submitted: May 29, 2003 Decided: June 3, 2003
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alvie R. Rudash, Petitioner Pro Se. Patricia May Nece, Barry H.
Joyner, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.;
William Steele Mattingly, JACKSON KELLY, P.L.L.C., Morgantown, West
Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Alvie R. Rudash 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 Rudash
v. DOWCP, No. 02-0296-BLA (BRB Nov. 8, 2002). 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

-- 2 of 2 --