Archie Sturgill v. Kermit Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1109
ARCHIE STURGILL,
Petitioner,
versus
KERMIT 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.
(99-0676-BLA)
Submitted: June 29, 2001 Decided: July 13, 2001
Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Archie Sturgill, Petitioner Pro Se. Douglas Allan Smoot, JACKSON
& KELLY, Charleston, West Virginia; Patricia May Nece, Edward
Waldman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for
Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

* We have considered the recent revisions to the regulations
implementing the Black Lung Benefits Act, see Regulations Imple-
menting the Federal Coal Mine Health and Safety Act of 1969, as
amended; 65 Fed. Reg. 79,919 (Dec. 20, 2000), and have determined
the revisions do not affect the outcome of this case.
2
PER CURIAM:
Archie Sturgill 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 Sturgill v. Kermit Coal Company, No. 99-0676-BLA
(B.R.B. Dec. 20, 2000). We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
AFFIRMED

-- 2 of 2 --