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KYLE v. DIRECTOR, OFFICE OF WORKERS' COMP. PROG.

No. 85-3535.

819 F.2d 139 (1987)

Fred KYLE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1987.

Attorney(s) appearing for the Case

Julian N. Henriques (argued), Legal Asst. Foundation of Chicago, Jean Goodwin, Legal Asst. Foundation, Chicago, Ill., for petitioner.

J. Michael O'Neill, Sylvia T. Kaser (argued), Washington, D.C., for respondents.

Before MERRITT, GUY and NORRIS, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

Fred Kyle seeks review of an order of the Benefits Review Board of the United States Department of Labor which affirmed the decision of the Administrative Law Judge to deny him benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq.

In essence, Kyle's appeal is grounded on two contentions — first, that the A.L.J. erred by failing to consider his entitlement to an "interim presumption" of disability...

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