UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1779 DOWELL BAILEY, Petitioner, versus DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, Respondent. On Petition for Review of an Order of the Benefits Review Board. (04-896-BLA) Submitted: January 20, 2006 Decided: February 8, 2006 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Virginia, for Petitioner. Howard M. Radzely, Solicitor of Labor, Allen H. Feldman, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, Rita Roppolo, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Dowell Bailey seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s decision and order denying modification of a decision establishing the date of Bailey’s entitlement to 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 for the reasons stated by the Board. See Bailey v. Dir., Office of Workers’ Comp. Programs, No. 04-896-BLA (BRB May 17, 2005). 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 - 2 -