Helen Dotson, Wife of Wayne Dotson, Deceased, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 966 F.2d 1442 (4th Cir. 1992)

Helen Dotson seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C.A. # 8E8E # 901-945 (West 1986 & Supp. 1991). Our review of the record discloses that the Board's decision is based upon substantial evidence and that this appeal is without merit.^*  While we affirm the Board's ultimate conclusion that the ALJ properly found that Dotson failed to establish that the miner suffered from pneumoconiosis, we note that the Board's affirmance of the ALJ's reliance on the "later evidence rule" in weighing the Xray evidence of record is at odds with our recent decision in Adkins v. Office of Workers' Compensation Programs, F.2d, No. 912903 (4th Cir. Feb. 28, 1992). We find the error to be harmless, however, in light of the ALJ's proper, and alternative, reliance on the credentials of the readers. Accordingly, the decision of the Board is affirmed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED