BRB No. 99-1240 BLA

GRACE E. LONG                 )
(Widow of THOMAS J. LONG)          )
                              )
          Claimant-Respondent )
                              )
     v.                       )
                              )
JEDDO-HIGHLAND COAL           )    DATE ISSUED:08/31/2000  
COMPANY                       )
                              )
     and                      )
                              )
LACKAWANNA CASUALTY           )
COMPANY                       )
          Employer/Carrier-        )
          Petitioner               )
                              )
DIRECTOR, OFFICE OF WORKERS' )
COMPENSATION PROGRAMS,   )
UNITED STATES DEPARTMENT      )
OF LABOR                      )
                              )
          Party-in-Interest        )    DECISION and ORDER

     Appeal of the Decision and Order - Awarding Benefits of Paul H. Teitler,
     Administrative Law Judge, United States Department of Labor.

     A. Judd Woytek (Marshall, Dennehey, Warner, Coleman & Goggin), Bethlehem,
     Pennsylvania, for employer/carrier.
          
     Before: BROWN and McGRANERY, Administrative Appeals Judges, and NELSON,
     Acting Administrative Appeals Judge.
     
     PER CURIAM:
     Employer/carrier (employer) appeals the Decision and Order - Awarding Benefits
(98-BLA-0987) of Administrative Law Judge Paul H. Teitler on a survivor's claim[1]  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 seq. (the Act).  The administrative law judge initially noted
that benefits had been awarded in a separate miner's claim, and that the only issue
before him was whether pneumoconiosis contributed to the miner's death.  Decision
and Order at 2, 3.  Considering the merits of the claim under 20 C.F.R. Part 718,
the administrative law judge found that claimant met her burden of proof to
establish that pneumoconiosis contributed to the miner's death under 20 C.F.R.
§718.205(c) pursuant to Lukosevicz v. Director, OWCP, 888 F.2d 1001,
13 BLR 2-100 (3d Cir. 1989).  Accordingly, benefits were awarded.

     On appeal, employer contends that the administrative law judge committed
reversible error in weighing the medical opinion evidence at Section 718.205(c). 
Neither claimant nor the Director, Office of Workers' Compensation Programs, has
filed a brief in the 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. §921(b)(3), as
incorporated by 30 U.S.C. §932(a); O'Keeffe v. Smith, Hinchman & Grylls
Associates, Inc., 380 U.S. 359 (1965).

     In order to establish entitlement to benefits in a survivor's claim filed
after January 1, 1982, such as in the instant case, claimant must establish that
the miner had pneumoconiosis arising out of coal mine employment and that the
miner's death was due to pneumoconiosis. See 20 C.F.R. §§718.201,
718.202, 718.203, 718.205(c); Trumbo v. Reading Anthracite Co., 17 BLR 1-85
(1993); Neeley v. Director, OWCP, 11 BLR 1-85 (1988); Boyd v. Director,
OWCP, 11 BLR 1-39 (1988).  Under Section 718.205(c)(2), claimant must establish
that pneumoconiosis was a substantially contributing cause or factor leading to the
miner's death. See Lukosevicz, supra.  Pneumoconiosis will be considered to
be a substantial contributing cause of the miner's death where it hastens death.
Id.[2] 
     Employer contends that the administrative law judge acted in an inconsistent
manner  when he discredited the opinions of Drs. Galgon, Spagnolo and Fino[3]  because they did not examine the miner during his
life or at the time of his death, while crediting the opinion of Dr. Simelaro, who
likewise never examined the miner.  Notwithstanding employer's specific contention
regarding the administrative law judge's treatment of Drs. Galgon, Spagnolo
and Fino, the administrative law judge additionally found that these
consulting opinions, stating that the miner's Parkinson's disease caused him
to be weak, to have difficulty swallowing and to aspirate, were not well
reasoned and thus properly accorded less weight to this evidence.  See
Worley v. Blue Diamond 
Coal Co., 12 BLR 1-20 (1988). 

     Further, the administrative law judge did not act in an inconsistent
manner when he credited Dr. Simelaro's consulting opinion.[4]   Specifically, the administrative law
judge permissibly found to be well reasoned Dr. Simelaro's opinion that if
the miner aspirated due to Parkinson's disease he aspirated into an airway
already diseased due to anthracosilicosis. Clark v. Karst-Robbins Coal
Co., 12 BLR 1-149 (1989)(en banc); Claimant's Exhibit 9. 

     Employer next argues that the testimony of Dr. Rashid that the miner's
condition deteriorated due to Parkinson's disease conflicts with his
subsequent reports and testimony wherein Dr. Rashid,

     played down the severity of the miner's Parkinson's disease and stated
     that it was only mild.  Dr. Rashid also agreed that the miner's death
was
     actually caused by a pulmonary infection or pneumonia.  His testimony
     that the miner's Parkinson's disease was mild and not severe enough to
     cause a swallowing problem is totally inconsistent with the medical
     records from the hospital and the opinions of three (3) highly qualified
     pulmonary specialists who reviewed the miner's records and found
     the same indication that the miner indeed was having a problem 
     swallowing due to his Parkinson's disease at the time of his death.

Employer's Brief at 4-5.  Dr. Rashid, the miner's treating physician, opined
that at the time of the miner's hospitalization which ended in his demise,
the miner had symptoms and signs of emphysema and a pulmonary infection due
to underlying silicosis.  Dr. Rashid indicated that the cause of the miner's
death was pulmonary infection, pneumonia, bronchitis, and emphysema
resulting from his occupationally-related anthracosilicosis.  Director's
Exhibit 3; Claimant's Exhibit 10.

     Contrary to employer's assertion, Dr. Rashid's opinion that the miner's
condition had deteriorated at the time of his final illness does not
conflict with his opinion that the miner's Parkinson's disease was not
severe enough to cause any swallowing problem.  Director's Exhibit 3;
Claimant's Exhibit 9 at 13.  Dr. Rashid explained that a physician's
assistant noted the miner's complaint of "difficulty swallowing" in the
"History" section of the Discharge Summary regarding the miner's final
hospitalization, and further explained that the miner had become very weak.
Id. at 18-19.  Critical to the issue sub judice, Dr. Rashid
testified that the miner's difficulty swallowing did not cause his death and
that the miner's occupationally-related chronic obstructive pulmonary
disease made him susceptible to the pneumonia he contracted which led to his
death. Id. at 11-12, 22-24.  Moreover, the fact that the record
contains contrary opinions does not render Dr. Rashid's opinion
unreasoned.[5]   The administrative law
judge properly credited Dr. Rashid's findings in the instant case. 
Specifically, the administrative law judge noted that Dr. Rashid was the
miner's treating physician for over ten years and his opinions were based
on years of treatment and personal knowledge regarding the progression of
both the miner's pneumoconiosis and Parkinson's disease. Mancia v.
Director, OWCP, 130 F.3d 579, 21 BLR 2-215 (3d Cir. 1997); see also
Lango v. Director, OWCP, 104 F.3d 573, 21 BLR 2-12 (3d Cir. 1997). 

     Lastly, employer's assertion that, "A complete review of the record
leads to one conclusion: coal workers' pneumoconiosis did not cause, hasten
or in any way contribute to the death of [the miner]," Employer's Brief at
6, is tantamount to a request that the Board reach that conclusion. 
However, the Board is not empowered to reweigh the medical evidence or to
substitute its inferences for those of the administrative law judge. 
Anderson v. Valley Camp of Utah, Inc., 12 BLR 1-111 (1989).

     Inasmuch as substantial evidence supports the administrative law judge's
finding that claimant has met her burden to establish that pneumoconiosis
was a substantially contributing cause or factor leading to the miner's
death under Section 718.205(c)(2), we affirm that finding.  Consequently,
we further affirm the administrative law judge's award of survivor's
benefits in the instant case. See Lukosevicz, supra.

     Accordingly, the administrative law judge's Decision and Order -
Awarding Benefits is affirmed.

     SO ORDERED.

                                                                   
                         JAMES F. BROWN
                         Administrative Appeals Judge



                                                                   
                         REGINA C. McGRANERY
                         Administrative Appeals Judge



                                                                   
                         MALCOLM D. NELSON, Acting
                         Administrative Appeals Judge

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Footnotes.
 1)Claimant, the miner's widow, filed the instant claim on
July 15, 1997.  Director's Exhibit 1.  The miner's death certificate
indicates that he died on May 21, 1997 due to pneumonia, as a consequence
of coal workers' pneumoconiosis and Parkinson's disease.  Director's Exhibit
2.    
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 2)In the instant case, employer has conceded the existence
of simple pneumoconiosis.  Hearing Transcript at 9.
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 3)Dr. Galgon opined that the miner's episodes of asthmatic
bronchitis were related to aspiration caused by difficulty swallowing
related to Parkinson's disease superimposed on his smoking-related chronic
obstructive pulmonary disease, as were his episodes of pulmonary infections. 
He found that the miner died due to cardiorespiratory arrest secondary to
bacterial pneumonia, the result of aspiration related to his inability to
swallow due to Parkinson's disease.  Dr. Galgon added, "His mild
pneumoconiosis was not the cause of his death, nor was it a substantially
contributing factor to his death."  Employer's Exhibits 1, 2.
     Dr. Spagnolo opined that the miner died due to "extreme malnutrition
with wasting and weakness resulting in the inability to swallow properly,
which ultimately resulted in aspiration and hydrostatic pneumonia.  Because
of his weakened condition, he developed respiratory failure, could not clear
secretions, suffered a cardiac arrest and died.  In addition, Mr. Long was
immunocompromised by his prior cancer chemotherapy, underlying metastatic
cancer, renal failure and malnutrition."  Director's Exhibit 12.  Dr.
Spagnolo further opined that there was "no objective medical evidence to
indicate that coal workers' pneumoconiosis was in any way responsible for
Mr. Long's death and there is no evidence to suggest that a pneumoconiosis
had worsened or had led to any complication or contributed to his death."
Id.  
     Dr. Fino opined that the miner's death was related to his weakened
status due to Parkinson's disease.  He found that the miner developed
pneumonia and died.  Dr. Fino indicated that coal mine dust inhalation did
not cause, contribute to or hasten the miner's death.  Employer's Exhibit
3.
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 4)Dr. Simelaro opined that the miner's anthracosilicosis
played a significant role in his total respiratory disease which
substantially caused his death and that anthracosilicosis was a significant
factor leading to death.  He also opined that the miner's "airway was
grossly diseased from anthracosilicosis and cigarette smoking.  So, if he
did aspirated (sic) due to Parkinsonism, matters would have been worse...
Parkinsonism may have caused aspiration into an already diseased airway from
anthracosilicosis."  Claimant's Exhibit 9.
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 5)Employer's assertion that the administrative law judge
ignored the evidence relevant to the miner's final hospitalization is
refuted by the record.  Decision and Order at 4-7.
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