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Earnel LUSK, Petitioner, v. STONECOAL BRANCH MINING, INCORPORATED; West Virginia Coal Workers Pneumoconiosis Fund, Incorporated; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents

United States Court of Appeals for the Fourth Circuit2003-10-10No. No. 03-1496
77 F. App'x 665

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Opinion

majority opinion

PER CURIAM.

Earnel Lusk 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. §§ 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 on the reasoning of the Board. See Lusk v. Stonecoal Branch Mining, Inc., No. 02-713 BLA (BRB Apr. 11, 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.