Mildred Clovis v. Fmc Mining Equipment Division

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-1820
MILDRED CLOVIS,
Petitioner,
versus
FMC MINING EQUIPMENT DIVISION; DIRECTOR,
OFFICE OF WORKERS’ COMPENSATION PROGRAMS,
UNITED STATES DEPARTMENT OF LABOR,
Respondents.
On Petition for Review of an Order of the Benefits Review Board.
(01-689-BLA, 99-41-BLA)
Submitted: March 25, 2003 Decided: April 28, 2003
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Timothy F. Cogan, CASSIDY, MYERS, COGAN, VOEGELIN & TENNANT, L.C.,
Wheeling, West Virginia, for Petitioner. Paul E. Frampton, BOWLES,
RICE, MCDAVID, GRAFF & LOVE, P.L.L.C., Charleston, West Virginia,
for Respondents.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Mildred Clovis 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 Board’s decision is
based upon substantial evidence and is without reversible error.
Accordingly, we affirm on the reasoning of the Board. See Clovis
v. FMC Mining Equip. Div., No. 01-689-BLA (BRB May 30, 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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