GOLDIE M. SUTHERLAND, Widow of James T. Sutherland v. Director, Office of Workers' Compensation Programs, United States Department of Labor

03-1805Court of Appeals for the Fourth Circuit27 de jan. de 2004

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1805
GOLDIE M. SUTHERLAND, Widow of James T.
Sutherland,
Petitioner,
versus
DIRECTOR, OFFICE OF WORKERS' COMPENSATION
PROGRAMS, UNITED STATES DEPARTMENT OF LABOR;
MULLINS COAL COMPANY; WEST VIRGINIA
COAL-WORKERS' PNEUMOCONIOSIS FUND,
Respondents.
On Petition for Review of an Order of the Benefits Review Board
(02-449-BLA)
Submitted: January 15, 2004 Decided: January 27, 2004
Before WIDENER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Goldie M. Sutherland, Petitioner Pro Se. Michelle Seyman Gerdano,
Patricia May Nece, UNITED STATES DEPARTMENT OF LABOR, Washington,
D.C.; Robert Weinberger, Senior Assistant Attorney General,
Charleston, West Virginia, for Respondents.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Goldie M. Sutherland seeks review of the Benefits Review
Board’s decision and orders affirming the administrative law
judge’s denial of 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 Sutherland v. DOWCP,
No. 02-449-BLA (BRB June 6, 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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