BRB No. 89-3735 BLA 
                         

JOHN RESTIC                   )                        
                              )
          Claimant-Petitioner )
                              )
     v.                       )
                              )
BETHLEHEM MINES 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 of George P. Morin, Administrative Law
     Judge, United States Department of Labor.

     Daniel G. Walter (Pawlowski, Creany & Tulowitzki), Ebensburg, Pennsylvania,
     for claimant.

     John J. Bagnato (Spence, Custer, Saylor, Wolfe & Rose),     Johnstown,
Pennsylvania, for employer.
     
     Before:  BROWN and DOLDER, Administrative Appeals Judges, and NEUSNER,
     Administrative Law Judge.*

     PER CURIAM:
     Claimant appeals the Decision and Order (84-BLA-6555) of Administrative Law
Judge George P. Morin 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).  The administrative
law judge reviewed this 
*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).
claim pursuant to the provisions of 20 C.F.R. Part 718, and credited claimant with
twenty-two years and nine months of qualifying coal mine employment.  The
administrative law judge found that claimant established invocation of the Section
411(c)(4) presumption of total disability due to pneumoconiosis, see
30 U.S.C. §921(c)(4), 20 C.F.R. §718.305(a), but further found that
employer affirmatively established rebuttal of this presumption by proving that
claimant did not have pneumoconiosis and that his totally disabling respiratory
impairment did not arise out of or in connection with his coal mine employment
pursuant to Section 718.305(d).  Accordingly, benefits were denied.  Claimant
appeals, challenging the administrative law judge's findings on rebuttal pursuant
to Section 718.305(d).  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. §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 pursuant to 20 C.F.R. Part 718,
claimant must establish, by a preponderance of the evidence, that he is totally
disabled due to pneumoconiosis arising out of coal mine employment. 
See 20 C.F.R. §§718.3, 718.202, 718.203, 718.204.  Failure
to establish any of these elements precludes entitlement.  Anderson v. Valley
Camp of Utah, Inc., 12 BLR 1-111 (1989); Trent v. Director,
OWCP, 11 BLR 1-26 (1987).
     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, consistent with applicable law, and must be affirmed.  Claimant contends
that the administrative law judge erred in relying in part on negative x-ray
evidence to support his finding of rebuttal pursuant to Section 718.305(d).  We
disagree.  Although negative x-rays alone are insufficient to establish the absence
of pneumoconiosis, see Sakach v. Director, OWCP, 8 BLR
1-237 (1985), the administrative law judge could properly rely on reasoned and
documented medical opinions in conjunction with the negative x-ray evidence of
record to conclude that claimant does not have pneumoconiosis.  Decision and Order
at 24.  See generally Kurcaba v. Consolidation
Coal Co., 9 BLR 1-73 (1986).  Claimant further maintains that the
administrative law judge failed to shift the burden of proof on rebuttal to
employer.  We disagree.  The administrative law judge accurately summarized all of
the evidence of record, considered the chronological sequence of the evidence, the
qualifications of the physicians and the documentation underlying their
conclusions, and acted within his discretion in finding that the opinions of Drs.
Strother, Katter and Bradley, who stated that claimant did not have pneumoconiosis
and that his impairment was unrelated to coal mine employment, were better reasoned
and more persuasive than the opinions of Drs. Klemens, Mastrine and Srivastava, who
found that claimant was totally disabled due to pneumoconiosis.  See
generally Roberson v. Norfolk and Western Railway Co.,
13 BLR 1-6 (1989); Fields v. Island Creek Coal Co., 10 BLR 1-19
(1987); Wetzel v. Director, OWCP, 8 BLR 1-139 (1985); Lucostic
v. United States Steel Corp., 8 BLR 1-46 (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 administrative law judge's findings and
inferences are rational and based on substantial evidence, and we may not
substitute our judgment.  See Anderson,
supra.  Inasmuch as claimant has failed to establish a requisite
element of entitlement under 20 C.F.R. Part 718, i.e., the existence
of pneumoconiosis, we affirm the administrative law judge's finding that claimant
is not entitled to benefits.  See Trent,
supra.






     Accordingly, the administrative law judge's Decision and Order denying
benefits is affirmed.
     SO ORDERED.
                    
                                                 
                    JAMES F. BROWN
                    Administrative Appeals Judge



                                                 
                    NANCY S. DOLDER
                    Administrative Appeals Judge



                                                 
                    FREDERICK D. NEUSNER
                    Administrative Law Judge

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Footnotes.
 1) The administrative law judge's findings under 20 C.F.R.
§§718.202(a)(1) and (a)(2), i.e., that claimant failed to
establish the existence of pneumoconiosis by x-ray, autopsy or biopsy evidence, his
finding that claimant established invocation of the presumption at Section
718.305(a) by satisfying the criteria for proving disability pursuant to 20 C.F.R.
§718.204(c), 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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