BRB No. 00-0456


CLARENCE TURNQUIST, JR.                 )
                                        )
          Claimant-Petitioner           )
                                        )
     v.                                 )
                                        )
CONSOLIDATED RAIL                       )    DATE ISSUED:   01/23/2001
                                             
CORPORATION                             )
                                        )
          Self-Insured                  )
          Employer-Respondent           )    DECISION and ORDER

     Appeal of the Decision and Order on Reconsideration of Richard E.
     Huddleston, Administrative Law Judge, United States Department of Labor.

     Steven C. Schletker, Covington, Kentucky, for claimant.

     Patrick M. Foy (Gallagher, Sharp, Fulton & Norman), Cleveland, Ohio, for 
     self-insured employer.        

     Before: SMITH and McGRANERY, Administrative Appeals Judges, and NELSON,
     Acting Administrative Appeals Judge.

     PER CURIAM:

     Claimant appeals the Decision and Order on Reconsideration (96-LHC-1366) of
Administrative Law Judge Richard E. Huddleston rendered on a claim filed pursuant
to the provisions of the Longshore and Harbor Workers' Compensation Act, as
amended, 33 U.S.C. §901 et seq. (the Act).  We must affirm the findings
of fact and conclusions of law of  the administrative law judge which are rational,
supported by substantial evidence, and in accordance with law. O'Keeffe v.
Smith, Hinchman, & Grylls Associates, Inc., 380 U.S. 359 (1965); 33 U.S.C.
§921(b)(3).

     Claimant, a laborer, sustained work-related bilateral carpal tunnel syndrome. 
Claimant had right hand surgery performed by Dr. Lubahn on January 11, 1996, and
left hand surgery performed on March 21, 1996.  In his initial decision, the
administrative law judge awarded claimant temporary total disability benefits from
January 1, 1996, through May 23, 1996.  33 U.S.C. §908(b).  The administrative law judge denied
claimant's claim for permanent partial disability benefits, finding that
claimant did not produce sufficient evidence to establish that his condition
was permanent.

     Claimant filed a motion for reconsideration.  Based on stipulations
submitted with the motion, the administrative law judge found that claimant
reached maximum medical improvement on May 23, 1996, and that claimant had
returned to work for employer.  The administrative law judge found, however,
that claimant does not have any residual impairment to either hand or arm,
and he therefore denied claimant benefits under the schedule. 33 U.S.C.
§908(c)(1), (3), (19).

     On appeal, claimant contends the administrative law judge erred in
finding that claimant has no residual impairment, and therefore in denying
benefits under the schedule.  Employer responds, urging affirmance.

     Claimant first contends the administrative law judge erred in
interpreting the opinion of his treating physician, Dr. Lubahn, as stating
that claimant does not have any impairment.  In this regard, claimant avers
that Dr. Lubahn simply does not perform disability ratings pursuant to the
American Medical Association Guides to the Evaluation of Permanent
Impairment (AMA Guides), but that his opinion, nonetheless,
supports a finding that claimant has a permanent impairment in each hand. 
The administrative law judge stated that  Dr. Lubahn found diminished grip
strength and range of motion, but that Dr. Lubahn did not equate this with
a disability rating.  Decision and Order on Recon. at 4.  

     This finding is supported by substantial evidence, and is affirmed.  Dr.
Lubhan specifically stated that "on the standard Greenleaf computer profile
for percent disability we were unable to demonstrate such.  This is
comparable to and based on other disability rating scales such as that of
the AMA, the American Society for Surgery of the Hand and The State of New
York, all with which I am familiar."  JX 7-2.    In view of this evidence,
the administrative law judge rationally rejected Dr. Lubahn's findings of
reduced grip and pinch strength as evidence of impairment.   See
generally Calbeck v. Strachan Shipping Co., 306 F.2d 693 (5th Cir. 1962), cert. denied, 372 U.S.
954 (1963).   Furthermore, in crediting Dr. Cosgrove's opinion, see discussion, infra, the
administrative law judge relied on Dr. Cosgrove's discussion of the lack of significance of reduced grip strength
in patients with carpal tunnel syndrome.  Finally, contrary to claimant's contention, there is no evidence of record
that Dr. Lubahn does not assess disability ratings pursuant to the AMA Guides. 

     Claimant also contends that the administrative law judge erred in discounting the opinion of Dr. Hartwig
that claimant sustained a 10 percent impairment of the left upper extremity and 20 percent impairment of the right
upper extremity, in favor of the opinion of Dr. Cosgrove, that claimant has a zero  percent impairment under the AMA Guides.  The administrative
law judge credited Dr. Cosgrove's opinion because he found it fully documented and explained, and supported
by objective findings, including a nerve conduction study, which Dr. Hartwig agreed was necessary for a rating
based on objective criteria and which Dr. Hartwig did not perform.    Inasmuch as the administrative law judge
fully weighed the relevant evidence of record,  and his decision is rational and supported by substantial evidence,
we affirm the administrative law judge's denial of permanent partial disability benefits. Cotton v. Army & Air
Force Exchange Services, 34 BRBS 88 (2000); Pimpinella v. Universal Maritime Service, Inc., 27
BRBS 154 (1993).

     Claimant has filed a petition for an attorney's fee for work performed before the Board.  As claimant's
appeal was unsuccessful, his petition for an attorney's fee is denied.
33 U.S.C. §928; 20 C.F.R. §802.203.

     Accordingly, we affirm the administrative law judge's Decision and Order on Reconsideration.

     SO ORDERED.





                                                                   
                         ROY P. SMITH
                         Administrative Appeals Judge



                                                                   
                         REGINA C. McGRANERY
                         Administrative Appeals Judge



                                                                   
                         MALCOLM D. NELSON, Acting
                         Administrative Appeals Judge

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