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  • Mann v. DOWCP, 4th Cir. (2005)

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    Herbert Mann sought black lung benefits that were denied by an administrative law judge and affirmed by the Benefits Review Board. Mann petitioned the Fourth Circuit Court of Appeals for review. The court affirmed the Board's decision denying benefits, finding that the decision was based on substantial evidence and without legal error. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the materials provided.

    Original Description:

    Filed: 2005-08-23 Precedential Status: Non-Precedential Docket: 05-1376

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    Herbert Mann sought black lung benefits that were denied by an administrative law judge and affirmed by the Benefits Review Board. Mann petitioned the Fourth Circuit Court of Appeals for review. The court affirmed the Board's decision denying benefits, finding that the decision was based on substantial evidence and without legal error. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the materials provided.

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    Mann v. DOWCP, 4th Cir. (2005)

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    Scribd Government Docs
    Herbert Mann sought black lung benefits that were denied by an administrative law judge and affirmed by the Benefits Review Board. Mann petitioned the Fourth Circuit Court of Appeals for review. The court affirmed the Board's decision denying benefits, finding that the decision was based on substantial evidence and without legal error. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the materials provided.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1376

    HERBERT A. MANN,
    Petitioner,
    versus
    DIRECTOR, OFFICE OF WORKERS COMPENSATION
    PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,
    Respondent.

    On Petition for Review of an Order of the Benefits Review Board


    (04-439-BLA)

    Submitted:

    August 18, 2005

    Decided:

    August 23, 2005

    Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Herbert A. Mann, Petitioner Pro Se. Jeffrey Steven Goldberg,


    Christian P. Barber, 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:
    Herbert A. Mann seeks review of the Benefits Review Boards
    decision and orders affirming the administrative law judges denial
    of black lung benefits and denying reconsideration pursuant to 30
    U.S.C. 901-945 (2000).

    Our review of the record discloses that

    the Boards decision is based upon substantial evidence and is


    without reversible error.
    of the Board.

    Accordingly, we affirm on the reasoning

    See Mann v. Dir., Office of Workers Comp. Programs,

    No. 04-439-BLA (BRB Nov. 18, 2004; Feb. 4, 2005).

    We dispense with

    oral

    contentions

    argument

    because

    the

    facts

    and

    legal

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    AFFIRMED

    - 2 -

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