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Sturgill v. Kermit Coal Company, 01-1109 (2001)

Court: Court of Appeals for the Fourth Circuit Number: 01-1109 Visitors: 26
Filed: Jul. 13, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1109 ARCHIE STURGILL, Petitioner, versus KERMIT COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’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 Affirmed by unpublished per curiam opinion.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. Dou
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1109 ARCHIE STURGILL, Petitioner, versus KERMIT COAL COMPANY; DIRECTOR, OFFICE OF WORKERS’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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). 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 * 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
Source:  CourtListener

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