Donnie Ellis v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

00-1211Court of Appeals for the Fourth CircuitJul 19, 2000

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1211
DONNIE ELLIS,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
ARCH OF WEST VIRGINIA/AMHERST COAL COMPANY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(99-273-BLA)
Submitted: July 13, 2000 Decided: July 19, 2000
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Donnie Ellis, Petitioner Pro Se. Patricia May Nece, Jennifer U.
Toth, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.; Mary
Rich Maloy, JACKSON & KELLY, Charleston, West Virginia, for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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2
PER CURIAM:
Donnie Ellis 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. §§ 901-945 (West
1986 & Supp. 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 Ellis v. Director, Office of Workers’ Compensation Pro-
grams, No. 99-0273-BLA (B.R.B. Nov. 26, 1999). We dispense with
oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED

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