Bessie Crabtree v. Virginia Crews Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1557
BESSIE CRABTREE,
Petitioner,
versus
VIRGINIA CREWS 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.
(01-0664-BLA)
Submitted: October 18, 2002 Decided: November 26, 2002
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Timothy F. Cogan, CASSIDY, MYERS, COGAN, VOEGELIN & TENNANT, L.C.,
Wheeling, West Virginia, for Petitioner. John P. Scherer, FILE,
PAYNE, SCHERER & FILE, Beckley, West Virginia, for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Bessie Crabtree 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 ALJ’s decision is based
upon substantial evidence and is without reversible error.
Accordingly, we affirm on the reasoning of the Board. See Crabtree
v. Virginia Crews Coal Co., No. 01-0664-BLA (BRB Mar. 28, 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

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