BRB No. 88-791 BLA 
                         

WALTER DEAN                   )                        
                              )
          Claimant-Petitioner )
                              )
          v.                  )
                              )
FLAT GAP MINING CORPORATION   )
                              )
          Employer-Respondent )
                              )
DIRECTOR, OFFICE OF WORKERS'  )
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR    )
                              )
          Party-in-Interest   )    DECISION and ORDER

     Appeal of the Decision and Order Denying Benefits of V. M. McElroy,
     Administrative Law Judge, United States Department of Labor.

     Joseph E. Wolfe (Wolfe & Farmer), Norton, Virginia, for claimant.

     H. Ashby Dickerson (Penn, Stuart, Eskridge & Jones), Abingdon,   Virginia, for
employer.

     Before:  DOLDER and McGRANERY, Administrative Appeals Judges, and SHEA,
     Administrative Law Judge.*

     PER CURIAM:
     Claimant appeals the Decision and Order Denying Benefits (85-BLA-3962) of
Administrative Law Judge V. M. McElroy on a claim filed pursuant to the provisions
of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30
U.S.C. §901 et 
*Sitting as a temporary Board member by designation pursuant to the Longshore and
Harbor Workers' Compensation Act as amended in 1984, 33 U.S.C. §921(b)(5)
(Supp. V 1987).
seq. (the Act).  The administrative law judge reviewed this claim
pursuant to the provisions of 20 C.F.R. Part 718, and credited claimant with
approximately twenty-five years of qualifying coal mine employment.  The
administrative law judge found that claimant failed to establish the existence of
pneumoconiosis under 20 C.F.R. §718.202(a)(1) - (a)(3).  Assuming
arguendo that the medical opinions established the existence of
pneumoconiosis under 20 C.F.R. §718.202(a)(4), the administrative law judge
determined that claimant would be entitled to the presumption that his
pneumoconiosis arose out of coal mine employment.  20 C.F.R. §718.203. 
Nevertheless, the administrative law judge concluded that claimant failed to
establish total disability under 20 C.F.R. §718.204(c), and accordingly denied
benefits.  Claimant appeals, contending that the administrative law judge erred in
assigning determinative weight to Dr. Dahhan's opinion in his consideration of the
medical reports of record, and that the administrative law judge erred in ignoring
the evidence of record which showed that the miner was totally disabled under
Section 718.204(c).  Employer responds, urging affirmance.  The Director, Office
of Workers' Compensation Programs, has not participated in this appeal.[1] 

     The Board's scope of review is defined by statute.  If the administrative law
judge's findings of fact and conclusions of law are supported by substantial
evidence, are rational, and are consistent with applicable law, they are binding
upon this Board and may not be disturbed.  33 U.S.C. §932(a); O'Keefe
v. Smith, Hinchman & Grylls Associates, Inc., 380 U.S. 359 (1965).

       After consideration of the administrative law judge's Decision and Order,
the arguments raised on appeal, and the evidence of record, we conclude that the
Decision and Order of the administrative law judge is supported by substantial
evidence, and contains no reversible error.  The administrative law judge
reasonably determined that the pulmonary function studies and the blood gas studies
of record were insufficient to establish the existence of a totally disabling
respiratory or pulmonary impairment under 20 C.F.R. §718.204(c)(1) and (c)(2)
inasmuch as the preponderance of the objective test results, including the most
recent tests, were non-qualifying.[2]  
See Sexton v. Southern Ohio Coal Co., 7 BLR 1-411
(1984); Keen v. Jewell Ridge Coal Corp., 6 BLR 1-454 (1983).  In
evaluating the medical opinions of record under 20 C.F.R. §718.204(c)(4), the
administrative law judge, as trier-of-fact, permissibly found the opinion of Dr.
Dahhan to be the most persuasive.  See Brown v. Director,
OWCP, 7 BLR 1-730 (1985).  The administrative law judge acted within his
discretion in according Dr. Dahhan's opinion the most weight, based on his finding
that Dr. Dahhan had excellent credentials, see  Warman v.
Pittsburgh & Midway Coal Mining Co., 839 F.2d 257, 11 BLR 2-62 (6th Cir.
1988); Roberts v. Bethlehem Mines Corp., 8 BLR 1-211 (1985); he
relied on the more recent medical evidence, see Sexton,
supra; and his conclusions were most consistent with the objective
tests.  See Decision and Order at 7; Wetzel v. Director,
OWCP, 8 BLR 1-139 (1985); Lucostic v. United States Steel
Corp., 8 BLR 1-46 (1985); Cooper v. United States Steel
Corp., 7 BLR 1-842 (1985).  Claimant's assignment of error goes only to the
weight of the evidence, which is the province of the administrative law judge. 
See Price v. Peabody Coal Co., 7 BLR 1-671 (1985).  The
Board is not empowered to reweigh the evidence or substitute its inferences for
those of the administrative law judge.  See Anderson v. Valley
Camp of Utah, Inc.. 12 BLR1-111 (1989); Price,
supra.  Claimant additionally contends that the administrative law
judge erred in failing to weigh the lay testimony in conjunction with the medical
evidence under Section 718.204(c).[3]   Any error
by the administrative law judge in failing to specifically weigh the lay testimony
is harmless in light of the contrary probative medical evidence which the
administrative law judge considered and found overwhelmingly supportive of his
finding that claimant failed to establish total disability.  See
Fields v. Island Creek Coal Co., 10 BLR 1-19 (1987).  Consequently,
we affirm the administrative law judge's findings under Section 718.204(c) as they
are rational and supported by substantial evidence.

     Accordingly, the Decision and Order Denying Benefits of the administrative law
judge is affirmed.
     SO ORDERED.

                                                 
                    NANCY S. DOLDER
                    Administrative Appeals Judge



                                                 
                    REGINA C. McGRANERY
                    Administrative Appeals Judge



                                                 
                    ROBERT J. SHEA
                    Administrative Law Judge

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Footnotes.
 1) The administrative law judge's findings under 20 C.F.R.
§§718.202 and 718.203, and with regard to length of coal mine employment
are affirmed as unchallenged on appeal.  See Skrack v. Island
Creek Coal Co., 6 BLR 1-710 (1983).
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 2) A "qualifying" pulmonary function study or blood gas study
yields values that are equal to or less than the appropriate values set out in the
tables at 20 C.F.R. Part 718, Appendices B and C, respectively.  A "non-qualifying"
study yields values that exceed those values.
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 3) We note that the administrative law judge was aware of the lay
testimony.  See Decision and Order at 2, 3.
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