BRB No. 97-0669 BLA
                                         

PAUL C. NAPRAVA                    )
                         )
          Claimant-Petitioner           )
                         )
     v.                            )
                         )
DIRECTOR, OFFICE OF WORKERS'       )    DATE ISSUED:01/21/1998          

COMPENSATION PROGRAMS, UNITED )
STATES DEPARTMENT OF LABOR         )
                                   )
          Respondent                    )    DECISION and ORDER

     Appeal of the Decision and Order of Robert D. Kaplan, Administrative Law
     Judge, United States Department of Labor.

     Debra A. Smith (Krasno, Krasno & Quinn), Pottsville, Pennsylvania, for
     claimant.

     Gary K. Stearman (Marvin Krislov, Deputy Solicitor for National
     Operations; 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:  HALL, Chief Administrative Appeals Judge, BROWN and McGRANERY,
     Administrative Appeals Judges.

     PER CURIAM:

     Claimant[1]  appeals the Decision and Order
(96-BLA-00848) of Administrative Law Judge Robert D. Kaplan denying benefits 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 seq. (the Act). 
This case is before the Board for the second time.  The administrative law judge
found that the parties stipulated that claimant has pneumoconiosis which arose from
his coal mine employment and that he has eighteen and three-quarter years of coal
mine employment.  The administrative law judge then found that the newly submitted
evidence, and the evidence as a whole, fails to establish total respiratory
disability pursuant to Section 718.204(c).  Accordingly, benefits were denied.  On
appeal, claimant contends that the administrative law judge erred in weighing the
medical opinions of Drs. Kraynak and Corazza pursuant to Section 718.204(c)(4). 
The Director, Office of Workers' Compensation Programs (the Director), responds
urging affirmance of the administrative law judge's Decision and Order.[2] 

     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 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 pursuant to 20 C.F.R. Part 718, claimant
must establish that he has pneumoconiosis, that such pneumoconiosis arose out of
coal mine employment, and that such pneumoconiosis is totally disabling. See
20 C.F.R. §§718.3, 718.202, 718.203, 718.204; Director, OWCP v.
Mangifest, 826 F.2d 1318, 10 BLR 2-220 (3d Cir. 1987); Strike v. Director,
OWCP, 817 F.2d 395, 10 BLR 2-45 (7th Cir. 1987); Grant v. Director,
OWCP, 857 F.2d 1102, 12 BLR 2-1 (6th Cir. 1988); Anderson v. Valley Camp of
Utah, Inc., 12 BLR 1-111 (1989); Baumgartner v. Director, OWCP, 9 BLR
1-65 (1986); Roberts v. Bethlehem Mines Corp., 8 BLR 1-211 (1985).  Failure
to prove any of these requisite elements compels a denial of benefits. See
Anderson, supra; Baumgartner, supra.  Additionally, all
elements of entitlement must be established by a preponderance of the evidence.
See Perry v. Director, OWCP, 9 BLR 1-1 (1986).

     After consideration of the administrative law judge's Decision and Order, the
arguments raised on appeal and the evidence or record, we conclude that the
Decision and Order of the administrative law judge is supported by substantial
evidence and that there is no reversible error contained therein.  Claimant
contends that the administrative law judge erred in weighing the opinions of Drs.
Kraynak and Corraza.  Claimant's Brief at 3-4.  Dr. Corraza, in a report dated
April 10, 1995, diagnosed chronic bronchitis, from history, and noted that the
etiology is unclear.  He further opined that claimant has no medical evidence of
significant respiratory impairment.  Director's Exhibit 74.  Dr. Kraynak, in a
report dated March 8, 1995, opined that claimant is totally disabled due to
pneumoconiosis.  Director's Exhibit 66. 

     The administrative law judge acted within his discretion in finding that Dr.
Kraynak's opinion is not well reasoned because it is based upon invalid objective
data.  Decision and Order at 15-16; Director, OWCP v. Siwiec, 894 F.2d 635,
13 BLR 2-259 (3d Cir. 1990); Lafferty v. Cannelton Industries Inc., 12 BLR
1-190 (1989); Clark v. Karst-Robbins Coal Co., 12 BLR 1-149 (1989)(en
banc); Fields v. Island Creek Coal Co., 10 BLR 1-19 (1987); Lucostic
v. United States Steel Corp., 8 BLR 1-46 (1985); Peskie v. United States
Steel Corp., 8 BLR 1-126 (1985); Hutchens v. Director, OWCP, 8 BLR 1-16
(1985); Fuller v. Gibraltar Coal Corp., 6 BLR 1-1291 (1984).  The
administrative law judge also rationally accorded greater weight to Dr. Corraza's
opinion due to his superior qualifications.[3]  
Parulis v. Director, OWCP, 15 BLR 1-28 (1991); Lafferty, supra;
McMath v. Director, OWCP, 12 BLR 1-6 (1988); Dillon v. Peabody Coal
Co., 11 BLR 1-113 (1988); Martinez v. Clayton Coal Co., 10 BLR 1-24
(1987); Wetzel v. Director, OWCP, 8 BLR 1-139 (1985); Perry, supra;
Decision and Order at 17.

     The administrative law judge is empowered to weigh the evidence and to draw
his own inferences therefrom, see Maypray v. Island Creek Coal Co., 7 BLR
1-683 (1985), and the Board may not reweigh the evidence or substitute its own
inferences on appeal. See Clark, supra; Anderson, supra. 
Thus, we affirm the administrative law judge's finding that claimant failed to
establish total respiratory disability pursuant to Section 718.204(c) as it is
supported by substantial evidence and in accordance with law.  Further, because
claimant has failed to establish total respiratory disability, an essential element
of entitlement pursuant to 20 C.F.R. Part 718, we affirm the denial of benefits.
See  Anderson, supra; Perry, supra.

     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



                                                                   
                         REGINA C. McGRANERY
                         Administrative Appeals Judge

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Footnotes.
 1) Claimant is Paul C. Naprava, the miner, who filed his first application for benefits on
February 24, 1982.  Director's Exhibit 1.  The district director denied the claim on April 16, 1982, Director's
Exhibit 12, and on April 6, 1983, claimant filed a petition for modification, Director's Exhibit 13, which was denied
on October 26, 1989.  Director's Exhibit 16.  On September 13, 1990, claimant filed a second claim which was
treated as a request for modification pursuant to 20 C.F.R. §725.310.  Director's Exhibits 19, 29.  In a
Decision and Order denying benefits issued on August 24, 1992, the administrative law judge found that
claimant established eighteen and three quarter years of coal mine employment but failed to establish the
existence of pneumoconiosis pursuant to 20 C.F.R. §718.202(a)(1)-(4) and total respiratory disability
pursuant to 20 C.F.R. §718.204(c).  Accordingly, benefits were denied.  Director's Exhibit 57.  On appeal,
the Board affirmed the administrative law judge's findings regarding the length of coal mine employment and
pursuant to Section 718.204(c) and the denial of benefits. Naprava v. Director, OWCP, BRB No. 92-2659
BLA (Mar. 30, 1994)(unpub.).  Claimant filed a third petition for modification on March 14, 1995.  Director's
Exhibit 64. 
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 2) We affirm the administrative law judge's findings pursuant to 20 C.F.R.
§718.204(c)(1)-(3) as unchallenged on appeal. See Skrack v. Island Creek Coal Co., 6 BLR 1-710
(1983).
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 3)      Claimant also contends that the administrative law judge erred in relying on Dr. Corraza's opinions because
he did not diagnose the existence of  pneumoconiosis.  Claimant's Brief at 3-4.  We reject this contention
because the physician's failure to diagnose pneumoconiosis would affect the credibility of his finding regarding
the causation of claimant's respiratory impairment but not his opinion as to whether or not claimant has total
respiratory disability.
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