BRB No. 88-1560 BLA 
                         

JANICE REDDEN (Widow of       )
FRED REDDEN) and THOMAS E.    )
THOMAS E. REDDEN (Dependent   )
Child of FRED REDDEN)         )              
                              )
       CLaimants-Petitioners  )                        
                              )
     v.                       )
                              )
ROBINSON-PHILLIPS COAL        )
COMPANY                       )
                              )
          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 of Reno E. Bonfanti, Administrative Law
     Judge, United States Department of Labor.

     Richard G. Rundle (Rundle & Rundle, L.C.), Pineville, West Virginia, for
     claimant.

     John P. Scherer (File, Payne, Scherer & Brown), Beckley, West    Virgnia, for
employer.
     
     Before:  BROWN and McGRANERY, Administrative Appeals Judges, and LAWRENCE,
     Administrative Law Judge.*

     PER CURIAM:
     Claimants, the widow and dependent child of the deceased miner (hereinafter
referred to as "claimant"), appeal the Decision and Order (85-BLA-6231) of
Administrative Law Judge Reno E. Bonfanti Health and *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).
denying benefits on a miner's claim and a survivor's claim filed pursuant to the
provisions of Title IV of the Federal Coal Mine Safety Act of 1969, as amended, 30
U.S.C. §901 et seq. (the Act).  The administrative
law judge credited the miner with at least twenty-one years of qualifying coal mine
employment and found invocation of the interim presumption established by autopsy
evidence pursuant to 20 C.F.R. §727.203(a)(1).  The administrative law judge
further found, however, that the evidence established rebuttal on both claims
pursuant to 20 C.F.R. §728.203(b)(3), and accordingly denied benefits. 
Claimant appeals, contending that the evidence is sufficient to establish
invocation of the interim presumption pursuant to 20 C.F.R. §727.203(a)(1),
(a)(2) and (a)(4), and is insufficient to establish rebuttal of this presumption
pursuant to subsection (b)(3).  Employer responds, urging affirmance.[1]   The Director, Office of Workers' Compensation
Programs, has not participated in this appeal.
     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'Keeffe
v. Smith, Hinchman & Grylls Associates, Inc., 380 U.S. 359 (1965).
     Claimant first contends that the administrative law judge erred in failing to
find invocation established by x-ray evidence under Section 727.203(a)(1), by
pulmonary function study evidence under subsection (a)(2), and by medical opinion
evidence under subsection (a)(4).  The administrative law judge properly found that
the autopsy evidence of record established the existence of pneumoconiosis. 
See Terlip v. Director, OWCP, 8 BLR 1-363 (1985);
Fetterman v. Director, OWCP, 7 BLR 1-688 (1985).  Consequently, we
affirm the administrative law judge's determination that invocation of the interim
presumption had been established pursuant to subsection (a)(1).  As he found
invocation pursuant to subsection (a)(1), the administrative law judge's failure
to consider invocation of the interim presumption pursuant to subsections (a)(2) -
(a)(4) is harmless.  See  Cochran v. Consolidation Coal
Co., 12 BLR 1-136 (1989); Fagg v. Amax Coal Co., 12 BLR 1-77
(1988); Wetzel v. Director, OWCP, 8 BLR 1-139 (1985).
     Claimant also contends that the administrative law judge erred in finding the
evidence sufficient to establish rebuttal under Section 727.203(b)(3).  We agree. 
In finding subsection (b)(3) rebuttal established, the administrative law judge
considered the miner's and the survivor's claims jointly pursuant to the standard
enunciated by the United States Court of Appeals for the Fourth Circuit, wherein
appellate jurisdiction of these claims lie.  See Bethlehem
Mines Corp. v. Massey, 736 F.2d 120, 7 BLR 2-72 (4th Cir. 1984).  The
administrative law judge found that the weight of the evidence ruled out any
relationship between the miner's disability and coal mine employment, and also
ruled out the causal relationship between death and coal mine employment.   
Claimant notes that of the medical opinions of record, only two reviewing
physicians, both certified pathologists, addressed the cause of the miner's death. 
The administrative law judge credited Dr. Hansbarger's opinion that the miner's
death was unrelated to coal mine employment, but provided no explanation for
rejecting Dr. Rasheed's opinion that the miner's pneumoconiosis was a major
contributory factor in the cause of death.  As the administrative law judge may not
reject relevant evidence without explanation, see Tucker v.
Director, OWCP, 10 BLR 1-35, 1-42 (1987), we must vacate his findings under
Section 727.203(b)(3), and remand this case for reconsideration of both the miner's
and the survivor's claims in light of Taylor v. Clinchfield Coal Co.,
895 F.2d 178, 13 BLR 2-294 (1990), reh'g denied (1990);
see also Pittston Coal Group v. Sebben,
109 S.Ct. 414, 12 BLR 2-89 (1988).
     Accordingly, the administrative law judge's Decision and Order denying
benefits is affirmed in part, vacated in part, and this case is remanded for
further consideration consistent with this opinion.
     SO ORDERED.

                                                 
                    JAMES F. BROWN
                    Administrative Appeals Judge



                                                 
                    REGINA C. McGRANERY
                    Administrative Appeals Judge



                                                 
                    LEONARD N. LAWRENCE
                    Administrative Law Judge

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Footnotes.
 1) The administrative law judge's findings that the evidence was
insufficient to establish rebuttal under 20 C.F.R. §727.203(b)(1) or (b)(2),
and his findings 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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