Margaret I. Endres, for Joseph Endres (deceased) v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

01-1573Court of Appeals for the Fourth Circuit15 ott 2001

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1573
MARGARET I. ENDRES, for Joseph Endres
(deceased),
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS’ COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
CONSOLIDATION COAL COMPANY,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(00-624-BLA)
Submitted: September 25, 2001 Decided: October 15, 2001
Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
C. Patrick Carrick, Morgantown, West Virginia, for Petitioner.
William S. 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Unpublished opinions are not binding precedent in this circuit.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).

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2
PER CURIAM:
Margaret I. Endres, the widow of Joseph Endres, petitions for
review of a decision of the Benefits Review Board (Board) affirming
the administrative law judge’s decision to deny her claim for black
lung benefits. Our review of the record discloses that the Board’s
decision is based upon substantial evidence and is without revers-
ible error. Doss v. Director, Office of Workers’ Compensation
Programs, 53 F.3d 654, 658 (4th Cir. 1995). Accordingly, we affirm
on the reasoning of the Board. See Endres v. Consolidation Coal
Co., BRB No. 00-624-BLA (B.R.B. Apr. 6, 2001). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED

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