Billy J. Fritz, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor; Westmoreland Coalcompany, Incorporated, Respondents

United States Court of Appeals, Fourth Circuit. - 955 F.2d 40

Submitted Oct. 2, 1991.Decided Feb. 21, 1992

On Petition for Review of an Order of the Benefits Review Board. (89-1646-BLA)

Billy J. Fritz, petitioner pro se.

Rodger Pitcairn, Barbara J. Johnson, United States Department of Labor, Washington, D.C., Ann Brannon Rembrandt, Jackson & Kelly, Charleston, W.Va., for respondents.

Ben.Rev.Bd.

AFFIRMED.

Before MURNAGHAN, WILKINS and NIEMEYER, Circuit Judges.

PER CURIAM:

1

Billy J. Fritz 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.1991). 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. Fritz v. Director, Off. of Workers' Comp. Prog., No. 89-1646-BLA (Ben.Rev.Bd. June 26, 1991). 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.