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43 F3d 1470 Whited v. Director Office of Workers' Compensation Programs United States Department of Labor

43 F.3d 1470

Kattie E. WHITED, Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR, Respondent.

No. 94-1774.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 6, 1994.
Decided Dec. 19, 1994.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kattie E. Whited, Petitioner pro se.

Patricia May Nece, Helen Hart Cox, United States Department of Labor, Washington, DC, for Respondent.

Before HAMILTON and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:

1

Appellant 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. Secs. 901-945 (West 1986 & Supp.1994). Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Whited v. Director, Office of Workers's Comp. Programs, No. 92-2223-BLA (B.R.B. May 16, 1994). 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.

2

AFFIRMED.