Wilma Fay Kiser v. Clinchfield Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2445
WILMA FAY KISER,
Petitioner,
versus
CLINCHFIELD 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
(02-0588-BLA)
Submitted: April 15, 2004 Decided: April 20, 2004
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Wilma Fay Kiser, Appellant Pro Se. Timothy Ward Gresham, PENN,
STUART & ESKRIDGE, Abingdon, Virginia; Patricia May Nece, Sarah
Marie Hurley, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C.,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Wilma Fay Kiser seeks review of the Benefits Review
Board’s decision and orders affirming the administrative law
judge’s denial of her survivor’s claim for black lung benefits
pursuant to 30 U.S.C. §§ 901-945 (2000) and denying
reconsideration. 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 Kiser v. Clinchfield Coal Co., No. 02-0588-BLA (BRB
Apr. 24, 2003, Oct. 15, 2003). 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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