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

> Court of Appeals for the Sixth Circuit · May 18, 1987 · 819 F.2d 139

URL: https://www.frixlaw.com/law-library/cases/9476216

## Case

- **Full name:** Fred KYLE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** May 18, 1987
- **Citations:** 819 F.2d 139; 1987 U.S. App. LEXIS 6348
- **Precedential status:** Published
- **Opinion:** Concurring in part by Guy
- **Judges:** Merritt, Guy, Norris
- **Cited by:** 53 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9476216

## How later opinions describe it (automated extraction)

- stating that a comment in a decision could “be viewed as dictum since it was not necessary to the court’s holding”

## Opinion text

RALPH B. GUY, Jr., Circuit Judge,
concurring in part and dissenting in part.
I agree with the majority that the issue of Kyle’s entitlement to an “interim presumption” of disability under 20 C.F.R. § 410.490 is properly before us, but respectfully disagree with their resolution of this issue.
I would read the statute as the Secretary suggests, as requiring that no less restrictive medical criteria be incorporated into the regulations. In support of my conclusion, I would offer the reasoning of the dissent in Halon v. Director, Office of Workers’ Compensation Programs, 713 F.2d 21 (3rd Cir.1983). In Halon , Judge Weis made a thorough analysis of the purpose and legislative history of the statutory language in question, and I find this analysis more persuasive than that of the majority here.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9476216. Public record. Not legal advice.