BRB No. 98-1579 BLA
                                        
DOROTHY BAILEY                )    
(Divorced Widow of ROBERT BAILEY)  )
                         )
          Claimant-Petitioner           )
                         )
     v.                            )
                         )
DIRECTOR, OFFICE OF WORKERS'  )       
COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR         )
                         )
          Party-in-Interest             )   DECISION and ORDER

     Appeal of the Decision and Order of Ralph A. Romano, Administrative Law
     Judge, United States Department of Labor.

     Dorothy Bailey, Elizabeth, Elizabeth, New Jersey, pro se.

     Robert J. Cox (Henry L. Solano, Solicitor of Labor; Donald S. Shire,
     Associate Solicitor; Rae Ellen Frank James, Deputy Associate Solicitor;
     Richard A. Seid and Michael J. Rutledge, Counsel for Administrative
     Litigation and Legal Advice), Washington, D.C., for the Director, Office
     of Workers' Compensation Programs, United States Department of Labor.

  Before:  
      
     PER CURIAM:

     Claimant,[1]  without the assistance of
counsel, appeals the Decision and Order (96-BLA-0161) of Administrative Law
Judge Thomas F. Phalen, Jr. denying benefits on a survivor's 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 seq. (the
Act).[2]  The administrative law judge found
that the record supports the parties' stipulation of forty-one years of coal
mine employment.  Decision and Order at 3.  The administrative law judge
further found that the evidence of record failed to establish the existence
of pneumoconiosis pursuant to 20 C.F.R. §718.202(a), Decision and Order
at 6-8, and that even if the presence of the disease was established, no
evidence of record supported a finding that the miner's death was due to
pneumoconiosis pursuant to 20 C.F.R. §718.205, Decision and Order at
8-9.  Accordingly, benefits were denied.  Employer, in response to
claimant's appeal, urges the Board to affirm the denial of benefits.  The
Director, Office of Workers' Compensation Programs (the Director), as party-in-interest, has not filed a brief.[3] 

     In an appeal filed by a claimant without the assistance of counsel, the
Board considers the issue raised on appeal to be whether the Decision and
Order below is supported by substantial evidence. McFall v. Jewell Ridge
Coal Co., 12 BLR 1-176 (1989); Stark v. Director, OWCP, 9 BLR 1-361 (1986).  We must affirm the administrative law judge's Decision and
Order if the findings of fact and conclusions of law are rational, supported
by substantial evidence, and in accordance with law.  33 U.S.C.
§921(b)(3), as incorporated into the Act 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 on a survivor's claim filed pursuant to Section 718.205(c), a claimant
must establish that the miner's death was due to pneumoconiosis or that the disease was a substantially
contributing cause or factor leading to the miner's death.  20 C.F.R. §718.205(c); see Brown v.
Rock Creek Mining Co., Inc., 996 F.2d 812, 17 BLR 2-135 (6th Cir.
1993); see also Northern Coal Co. v. Director, OWCP [Pickup],
100 F.3d 871, 20 BLR 2-335 (10th Cir. 1996); Shuff v. Cedar Coal Co., 967 F.2d
977, 16 BLR 2-90 (4th Cir. 1992), cert. denied, 113 S.Ct. 969 (1993); Lukosevicz v.
Director, OWCP, 888 F.2d 1001, 13 BLR 2-100 (3d Cir. 1989).  A claimant may establish that
pneumoconiosis was a substantially contributing cause to the miner's death by demonstrating that the disease
hastened the miner's death. See Brown, supra.  In finding that claimant failed to establish that the
miner's death was due to pneumoconiosis pursuant to Section 718.205, the administrative law judge found that
only one document of record identified the miner's cause of death, the death certificate signed by Dr. Hay. 
Director's Exhibit 9.  Dr. Hay opined that the miner's death was due to metatastic pancreatic cancer, and made
no mention of  pneumoconiosis or any coal dust related disease.  Director's Exhibit 9.   Accordingly, the
administrative law judge properly concluded that the death certificate failed to support a
finding that the miner's death was due to pneumoconiosis, and properly determined
that, in the absence of any further documentation identifying the miner's cause of
death, claimant was unable to carry her burden of establishing that the miner's
death was due to pneumoconiosis. 20 C.F.R. §718.205(c); see Brown; see also
Pickup, supra; Shuff, supra; Lukosevicz, supra. Inasmuch as claimant has failed
to establish that the miner's death was due to pneumoconiosis, the denial of
benefits must be affirmed.[4] 











     Accordingly, the administrative law judge's Decision and Order denying
benefits
is affirmed.

     SO ORDERED.

                                                                   
                         BETTY JEAN HALL, Chief
                         Administrative Appeals Judge



                                                                   
                         JAMES F. BROWN
                         Administrative Appeals Judge



                                                                   
                         MALCOLM D. NELSON, Acting
                         Administrative Appeals Judge

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Footnotes.
 1)Claimant, Lucille Metheny, is the widow of the miner,
Wesley J. Metheny, Jr., who died on July 13, 1994.  The death certificate
lists the miner's cause of death as metatastic pancreatic cancer.  No other
conditions were listed.  Director's Exhibit 9.  The miner filed a claim for
benefits on July 8, 1988, Director's Exhibit 29.  Subsequently, the miner
informed Administrative Law Judge Robert L. Cox, that he wished to withdraw
his claim, and on April 4, 1990, Judge Cox issued an Order of Dismissal. 
Director's Exhibit 29.  No further action was taken until the filing of this
survivor's claim.  Further, we hereby acknowledge receipt of claimant's
letter dated August 26, 1998 along with the material submitted with the
letter. 
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 2)Claimant was not represented by counsel below.  Inasmuch as
claimant was informed of her right to counsel without charge, was afforded the
opportunity to testify on her own behalf, and was afforded the opportunity to
review evidence proffered by employer, see Letter of January 21, 1997;
Hearing Transcript at 6-27, we hold that the requirements established in
Shapell v. Director, OWCP, 7 BLR 1-304 (1984), regarding pro
se representation before an administrative law judge, have been
satisfied.
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 3)We affirm the administrative law judge's length of coal
mine employment determination as it is not adverse to claimant and
unchallenged on appeal by the other parties. See Skrack v. Island
Creek Coal Co., 6 BLR 1-710 (1983). 
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 4)We therefore need not address the administrative law judge's
determination that claimant failed to address the existence of pneumoconiosis
pursuant to Section 718.202(a), as the finding is moot. See 20 C.F.R.
§718.205(c); see generally Coen v. Director, OWCP, 7 BLR 1-30
(1984).
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