MARY H. CRESS, Widow of William H. Cress v. Westmoreland Coal Company, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2369
MARY H. CRESS, Widow of William H. Cress,
Petitioner,
versus
WESTMORELAND COAL COMPANY, INCORPORATED;
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(98-240-BLA)
Submitted: April 25, 2000 Decided: August 4, 2000
Before NIEMEYER and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mary H. Cress, Petitioner Pro Se. Douglas Allan Smoot, JACKSON &
KELLY, Charleston, West Virginia; Rita A. Roppolo, Christian P.
Barber, 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Unpublished opinions are not binding precedent in this circuit.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:
Mary H. Cress, the widow of William Cress, petitions for re-
view of a decision of the Benefits Review Board (Board) affirming
the administrative law judge’s decision to deny her claim for black
lung survivors’ benefits. Our review of the record discloses that
the Board’s decision is based upon substantial evidence and is
without reversible error. See Doss v. Director, Office of Workers’
Compensation Programs, 53 F.3d 654, 658 (4th Cir. 1995). Accord-
ingly, we affirm on the reasoning of the Board. See Cress v. West-
moreland Coal Co., BRB No. 98-0240-BLA (B.R.B. Dec. 16, 1998). 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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