Fred Kyle v. Director, Office of Workers' Compensation Programs, United States Department of Labor

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 under 20 C.F.R. § 410.490 in connection with his claim for benefits, and second, that when that “interim presumption” is utilized he is entitled to black…