OpenJurist

917 F2d 557 Hamm v. Director Office of Workers' Compensation Programs United States Department of Labor

917 F.2d 557
Unpublished Disposition

Henry H. HAMM, Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED
STATES DEPARTMENT OF LABOR, Norfolk and Western
Railway Company, Respondents.

No. 90-1817.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 1, 1990.
Decided Oct. 31, 1990.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

On Petition for Review of an Order of the Benefits Review Board. (BRB No. 88-2124-BLA)

Henry H. Hamm, petitioner pro se.

Paul Frieden, Michael J. Denney, United States Department of Labor, Washington, D.C., Douglas Allan Smoot, Jackson & Kelly, Charleston, W.V., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Henry H. Hamm 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. Secs. 901 et seq. Our review of the record and the Board's decision and order discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the Board. Hamm v. DOWCP, BRB No. 88-2124-BLA (Ben.Rev.Bd. Mar. 30 & Aug. 3, 1990). 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.