Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

D.K. and U.S. Postal Service, Post Office, Bellmawr, NJ

Board orders new review of postal custodian’s COVID-19 claim (ECAB 21-1078)

A postal custodial laborer claimed that he contracted COVID-19 at work and submitted an antigen test and a work excuse note. OWCP denied the claim because it found no sufficient medical diagnosis. The Board found that updated COVID-19 guidance applied to antigen tests and had not been fully…

June 7, 2023 ·ECAB
Remanded
COMM

American Federation of Government Employees, Council 222 and United States Department of Housing and Urban Development, Real Estate Assessment Center and Office of Public and Indian Housing

AFGE Council 222 and HUD (FLRA 0-NG-3632): Authority rejects duty-station and locality-pay proposals

HUD changed the official duty stations of traveling housing inspectors to their home residences, reducing locality pay for some employees. AFGE Council 222 proposed restoring duty stations associated with higher locality rates, providing personnel-action records, awarding retroactive pay…

June 7, 2023 ·FLRA
Upheld
COMM

Brenda Beasley v. SSA Terminals, LLC

Beasley v. SSA Terminals (BRB 23-0196): discovery appeal dismissed

Brenda Beasley sought Longshore Act death benefits after her husband Henry's death. During that claim, the judge ordered her to produce records concerning related third-party litigation and settlements. Beasley appealed the discovery order, arguing that it required privileged material and violated…

June 6, 2023 ·BRB
Procedural
COMM

Julius D. Johnson v. Lone Mountain Processing Incorporated

Johnson v. Lone Mountain Processing (BRB 22-0360): Black Lung benefits denial affirmed

Julius Johnson sought Black Lung benefits after 36 years of qualifying coal mine work and appealed without a lawyer. The judge found that he had not proved complicated pneumoconiosis or a totally disabling respiratory impairment. The Board upheld the judge's weighing of the x-ray, test, and medical…

June 6, 2023 ·BRB
Affirmed
COMM

Paul J. Jenkins v. Greenwich Collieries Company

Jenkins v. Greenwich Collieries (BRB 22-0301): Black Lung benefits award affirmed

Paul Jenkins's widow continued his Black Lung claim after his death. The parties stipulated to 20 years of qualifying coal mine work, and the judge found a totally disabling respiratory impairment based on a qualifying exercise blood gas study. The employer argued that the study did not prove…

June 6, 2023 ·BRB
Affirmed
COMM

Linda C. Hall v. Trojan Mining Company

Hall v. Trojan Mining (BRB 22-0205): miner and survivor awards affirmed

Linda Hall pursued her late husband's miner claim and her own survivor claim. The Board upheld the finding that Trojan Mining was responsible for the benefit payments. It also upheld the finding that Roger had fifteen years of qualifying underground coal mine work and a disabling lung impairment…

June 6, 2023 ·BRB
Affirmed
COMM

Linda C. Hall, widow of and on behalf of Roger D. Hall v. Trojan Mining Company

Hall v. Trojan Mining (BRB 22-0204, 22-0205): miner and survivor benefits affirmed

Linda Hall pursued her late husband Roger Hall's Black Lung claim and her survivor claim. The judge found 15 years of underground coal mine work, a totally disabling respiratory impairment, and an unrebutted statutory presumption of entitlement. Trojan Mining and its carrier challenged the judge's…

June 6, 2023 ·BRB
Affirmed
COMM

W. E. Quisenberry on behalf of Kenneth L. Powers v. Peabody Coal Company

Quisenberry on behalf of Powers v. Peabody Coal (BRB 22-0093): Black Lung benefits affirmed

W. E. Quisenberry pursued Kenneth Powers's Black Lung claim after Powers and his widow died. The judge found 15 years of qualifying underground and similarly dusty surface coal mine work, a totally disabling respiratory impairment, and an unrebutted statutory presumption of entitlement. Peabody…

June 6, 2023 ·BRB
Affirmed
COMM

Jewell Chappell v. Drummond Company, Incorporated

Chappell v. Drummond (BRB 21-0580): miner and survivor denials affirmed

Jewell Chappell appealed the denial of her late husband's miner claim and her own survivor claim. Although he had worked underground for decades, the judge found insufficient evidence that he was totally disabled by a respiratory condition. The Board upheld the judge's weighing of the medical…

June 6, 2023 ·BRB
Affirmed
COMM

Jewell Chappell, widow of and on behalf of Edward Chappell v. Drummond Company, Incorporated

Chappell v. Drummond Company (BRB 21-0579, 21-0580): miner and survivor denials affirmed

Jewell Chappell pursued her late husband's Black Lung claim and her own survivor claim. Although Edward Chappell had 36 years of underground coal mine work and simple pneumoconiosis, the judge found that the evidence did not establish a totally disabling respiratory impairment. The Board upheld the…

June 6, 2023 ·BRB
Affirmed
COMM

C.M. and U.S. Postal Service, Post Office, Philadelphia, PA

Board upholds denial of postal worker’s continuation of pay (ECAB 23-0285)

A postal delivery employee reported a back injury while delivering a package and later had a thoracic sprain accepted. He filed the injury form more than six months after the incident. The Board upheld the denial of continuation of pay because he had not reported the injury on an approved form…

June 6, 2023 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Dominick V. Daniels Processing & Distribution Center, Kearney, NJ

Board upholds suspension of benefits for missed medical examination (ECAB 23-0217)

A postal motor vehicle operator was receiving wage-loss and medical benefits for accepted injuries. OWCP scheduled a second opinion examination to assess his conditions and disability. The Board found that notice of the appointment was sent to his address of record, that he missed it, and that he…

June 6, 2023 ·ECAB
Affirmed
COMM

S.P. and Department of Veterans Affairs, San Diego VA Healthcare System, San Diego, CA

Board upholds end of wage-loss payments for missed vocational rehabilitation (ECAB 22-1218)

A VA telephone operator received wage-loss benefits after OWCP accepted an aggravation of depression. A second opinion found that she could work up to four hours a day, and OWCP referred her to vocational rehabilitation. The Board found that she did not respond to repeated attempts to start those…

June 6, 2023 ·ECAB
Affirmed
COMM

P.I. and Department of Veterans Affairs, Lyons VA Medical Center, Lyons, NJ

Board orders new review of VA nurse’s COVID-19 claim (ECAB 21-1268)

A VA practical nurse reported developing COVID-19 symptoms after caring for patients with the virus. OWCP denied his occupational disease claim. The Board found that OWCP had not considered all applicable diagnosis criteria after COVID-19 guidance changed. It set aside the denial and directed OWCP…

June 6, 2023 ·ECAB
Remanded
COMM

J.H. and Department of Homeland Security, U.S. Customs & Border Protection, Charleston, SC

Board orders new review of border agent’s COVID-19 claim (ECAB 21-1162)

A customs and border protection agent reported contracting COVID-19 at work and submitted a positive antigen test result. OWCP denied the claim because it found the medical evidence insufficient to establish a diagnosis. The Board found that OWCP had not considered all applicable criteria under…

June 6, 2023 ·ECAB
Remanded
COMM

E.K. and Department of Homeland Security, U.S. Customs and Border Protection, Dallas, TX

Board orders new review of border agent’s COVID-19 claim (ECAB 21-1092)

A customs and border protection agent reported contracting COVID-19 at work and submitted a respiratory panel detecting the virus and a physician’s diagnosis. OWCP denied the claim. The Board found that OWCP had not considered all applicable COVID-19 criteria under updated guidance. It set aside…

June 6, 2023 ·ECAB
Remanded
COMM

J.A. and Department of Homeland Security, U.S. Customs & Border Protection, Dallas, TX

Board orders new review of border agent’s COVID-19 claim (ECAB 21-0999)

A customs and border protection agent reported contracting COVID-19 at work and submitted a positive nasal antigen test. OWCP denied the claim because it found the medical evidence insufficient to establish a diagnosis. The Board found that OWCP had not considered all applicable criteria under…

June 6, 2023 ·ECAB
Remanded
COMM

C.H. and U.S. Postal Service, Hagerstown Post Office, Hagerstown, MD

Board dismisses late appeal of postal employee’s OWCP decision (ECAB 23-0776)

A postal employee appealed an OWCP decision dated September 9, 2021. His representative filed the Board appeal on May 7, 2023, well after the 180-day deadline. The Board found no documented compelling circumstances explaining the late filing. It dismissed the appeal without reviewing the underlying…

June 5, 2023 ·ECAB
Procedural
COMM

D.F. and Department of the Navy, Submarine Communications, Charleston, SC

Board dismisses late appeal of Navy employee’s OWCP decision (ECAB 23-0738)

A Navy employee appealed an OWCP decision dated January 18, 2022. His representative filed the Board appeal on April 28, 2023, after the 180-day deadline. The Board found no documented compelling circumstances explaining the late filing. It dismissed the appeal without reviewing the underlying…

June 5, 2023 ·ECAB
Procedural
COMM

M.D. and Department of the Army, Lexington Bluegrass Army Depot, Richmond, KY

Board upholds wage-loss reduction after refused vocational testing (ECAB 23-0377)

An Army boiler operator was receiving compensation for accepted bilateral carpal tunnel syndrome. A second opinion found that he could work within restrictions, and OWCP referred him for vocational rehabilitation. He appeared for vocational testing but refused to take the tests, then did not show…

June 5, 2023 ·ECAB
Affirmed
COMM

K.R. and U.S. Postal Service, Post Office, Madison, MS

Board upholds refusal to reopen postal worker’s carpal tunnel claim (ECAB 23-0010)

A rural carrier associate attributed carpal tunnel syndrome to repetitive mail handling. OWCP denied her claim, and she later asked for reconsideration. The Board found that her request offered no new evidence, new legal argument, or showing that OWCP misapplied the law. It affirmed the refusal to…

June 5, 2023 ·ECAB
Affirmed
COMM

A.A. and U.S. Postal Service, Los Angeles International Service Center, Carson, CA

Board upholds forfeiture but orders new overpayment calculation (ECAB 22-1313)

A postal employee receiving wage-loss benefits failed to fully report her self-employment and earnings on required forms. The Board upheld forfeiture of compensation for the reporting periods and found that an overpayment existed. It found conflicting figures in OWCP’s overpayment records: one…

June 5, 2023 ·ECAB
Mixed result
COMM

G.R. and U.S. Postal Service, Post Office, Birmingham, AL

Board upholds denial of postal worker’s back injury claim (ECAB 22-1200)

An assistant rural carrier reported back symptoms after a chair suddenly dropped while she was sitting at work. OWCP accepted that the incident occurred but denied her claimed lumbar condition. The Board found that the later medical evidence did not adequately explain a causal connection between…

June 5, 2023 ·ECAB
Affirmed
COMM

M.T. and U.S. Postal Service, Post Office, Hartford, CT

Board upholds denial of mail handler’s wage-loss claim (ECAB 22-0984)

A mail handler sought wage-loss compensation after an accepted right shoulder and upper arm injury. She said worsening pain kept her from working during a later period. The Board found that her physicians did not establish total disability for the specific dates claimed due to the accepted injury…

June 5, 2023 ·ECAB
Affirmed
COMM

Anheuser-Busch, LLC

In re Anheuser-Busch, LLC (EAB MM Appeal No. 23-01C): ammonia risk-management settlement approved

Anheuser-Busch, LLC operated facilities in Merrimack, New Hampshire, Fort Collins, Colorado, and Fairfield, California that stored more than the threshold quantity of anhydrous ammonia in covered processes. EPA alleged violations of Clean Air Act risk-management requirements involving equipment…

June 2, 2023 ·EPA EAB
Settled
COMM

J.S. and Department of the Navy, Marine Corps Recruiting Depot, Eastern Recruiting Region, Parris Island, SC

Board dismisses late Marine Corps employee appeal (ECAB 23-0737)

A Marine Corps employee appealed an OWCP decision dated October 4, 2022. His representative filed the Board appeal on April 28, 2023, after the 180-day period. The Board found no documented basis to excuse the late filing and dismissed the appeal. It did not reach the underlying benefits issue.

June 2, 2023 ·ECAB
Procedural
COMM

P.M. and Department of Homeland Security, U.S. Customs & Border Protection, Port Huron, MI

Board dismisses late border employee appeal (ECAB 23-0734)

A customs and border protection employee appealed an OWCP nonmerit decision dated September 16, 2022. The Board appeal was filed on April 25, 2023, after the 180-day period. The Board found the filing untimely and dismissed it without reviewing the OWCP decision.

June 2, 2023 ·ECAB
Procedural
COMM

W.H. and U.S. Postal Service, Post Office, Newport News, VA

Board dismisses late postal employee appeal (ECAB 23-0724)

A postal employee appealed an OWCP decision dated May 18, 2022. He filed the Board appeal on April 17, 2023, after the 180-day period. The Board found the appeal untimely and dismissed it. It did not review the underlying benefits decision.

June 2, 2023 ·ECAB
Procedural
COMM

F.L. and Department of the Navy, Marine Corp Logistics Maintenance, Barstow, CA

Board dismisses late Navy employee appeal (ECAB 23-0710)

A Navy employee appealed an OWCP decision dated January 12, 2022. He filed his Board appeal on April 21, 2023, after the 180-day period. The Board found no basis to take jurisdiction over the late appeal. It dismissed the case without reviewing the underlying decision.

June 2, 2023 ·ECAB
Procedural
COMM

D.W. and Department of Homeland Security, Transportation Security Administration, Arlington, VA

Board reverses TSA employee’s overpayment decision (ECAB 22-1348)

A TSA employee received FECA wage-loss payments while also receiving Social Security retirement benefits. OWCP found a $4,955.80 overpayment and ordered recovery, but received a Social Security letter about withdrawal of those benefits before issuing its final decision. The Board found that OWCP…

June 2, 2023 ·ECAB
Vacated
COMM

S.N. and U.S. Postal Service, Cadman Plaza Post Office, Brooklyn, NY

Board upholds compensation reduction after missed rehabilitation plan (ECAB 22-1297)

A postal carrier received wage-loss compensation for accepted post-traumatic stress disorder after a work-related vehicle accident. A second opinion found that he could work part time without driving, and a rehabilitation counselor identified an information clerk position and a training plan. The…

June 2, 2023 ·ECAB
Affirmed
COMM

C.Y. and Social Security Administration, Atlanta Region, Atlanta, GA

Board upholds denial of SSA employee’s emotional condition claim (ECAB 22-0699)

An SSA contact representative attributed anxiety to heavy workload and alleged improper treatment by supervisors. The Board found that her description of workload was too general and that the record did not establish error or abuse in the personnel actions she described. It upheld OWCP’s denial…

June 2, 2023 ·ECAB
Affirmed
COMM

H.M. and Department of State, Foreign Service, Washington, DC

Board dismisses late Foreign Service employee appeal (ECAB 23-0703)

A Foreign Service employee appealed an OWCP decision dated May 3, 2022. He filed with the Board on April 5, 2023, after the 180-day period. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal without reviewing the underlying decision.

June 1, 2023 ·ECAB
Procedural
COMM

J.C. and U.S. Postal Service, Post Office, Memphis, TN

Board dismisses late postal employee appeal (ECAB 23-0697)

A postal employee appealed an OWCP decision dated October 12, 2022. She filed with the Board on April 18, 2023, eight days after the 180-day deadline identified in the order. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal without reviewing the…

June 1, 2023 ·ECAB
Procedural
COMM

D.K. and Department of Veterans Affairs, VA Medical Center, Long Beach, CA

Board grants withdrawal of VA employee’s appeal (ECAB 23-0262)

A VA employee appealed a December 15, 2022 OWCP decision. The employee later sent the Board a letter asking to dismiss the appeal. The Board granted that request and closed the appeal. It did not decide the underlying compensation issue.

June 1, 2023 ·ECAB
Procedural
COMM

G.L. and U.S. Postal Service, Pittsburgh Post Office, Pittsburgh, PA

Board upholds denial of postal worker’s knee claim (ECAB 23-0093)

A postal employee attributed pain and knee conditions to prolonged standing, bending, and squatting at work. Her physician described a likely mechanical connection to her duties but the Board found the causal opinion too speculative. Other reports did not explain the link between work and the…

June 1, 2023 ·ECAB
Affirmed
COMM

S.B. and Department of the Army, Red River Army Depot, Texarkana, TX

Board orders more evidence on Army mechanic’s hearing loss claim (ECAB 22-1346)

An Army heavy equipment mechanic attributed hearing loss to workplace noise and earlier work in Afghanistan. OWCP asked the employer for detailed noise exposure information and older audiograms but did not receive a full response. The Board found the factual record too incomplete to decide…

June 1, 2023 ·ECAB
Remanded
COMM

A.F., widow of P.F., and Tennessee Valley Authority, Chattanooga, TN

Board orders merit review of widow’s asbestos exposure claim (ECAB 22-0101)

A former TVA boilermaker and welder claimed that workplace asbestos exposure caused mesothelioma. After OWCP denied the claim, his widow requested reconsideration and argued that OWCP had failed to weigh sworn statements about exposure. The Board found that this was a relevant legal argument that…

June 1, 2023 ·ECAB
Remanded
COMM

C.A. and U.S. Postal Service, Post Office, Hamburg, NY

Board upholds 11 percent shoulder impairment award (ECAB 21-0971)

A rural carrier sought an increased schedule award after an accepted left shoulder injury. His physician rated impairment at 13 percent, while OWCP’s medical adviser calculated 11 percent. The Board found that the higher rating did not follow the applicable A.M.A. Guides method for a postoperative…

June 1, 2023 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 1858 and United States Department of the Army, U.S. Army Combat Capabilities Development Command, Redstone Arsenal, Alabama

AFGE Local 1858 and Army Combat Capabilities Development Command (FLRA 0-AR-5859): Authority upholds nonselection ruling

An employee applied for two lead-computer-engineer vacancies but was not selected. The union alleged under the collective-bargaining agreement that the agency's selection process was affected by race, color, and age. An arbitrator found no circumstantial evidence that any protected characteristic…

June 1, 2023 ·FLRA
Upheld
ALJ

Secretary of Labor obo Larry Anderson v. Kalamazoo Materials, Inc., et al

. (FMSHRC WEST 2023-0238): Economic temporary reinstatement approved

Larry Anderson alleged that Kalamazoo Materials terminated him shortly after he sent management safety complaints and announced his selection as a miners' representative. The parties agreed to economic reinstatement, allowing Anderson to receive the financial benefits of reinstatement without…

May 31, 2023 ·John T. Sullivan ·FMSHRC
Procedural
COMM

Janice P. Johnston (widow of Stephen R. Johnston) v. U.S. Steel Mining Company, LLC and U.S. Steel Corporation

Johnston v. U.S. Steel Mining (BRB 22-0073 BLA): survivor claim remanded for disability review

Janice Johnston sought survivor benefits after her husband Stephen, who had worked underground in coal mines for more than 31 years, died. The administrative law judge found that he did not have a totally disabling respiratory impairment, so the statutory presumption that his death was due to…

May 30, 2023 ·BRB
Remanded
COMM

Fred F. Williams, Jr. v. Sidney Coal Company, Incorporated c/o ANR Incorporated

Williams v. Sidney Coal (BRB 21-0484 BLA): benefits award remanded over excluded testimony

Fred Williams sought black lung benefits after twenty years of underground coal mine work. A judge initially denied his claim, but on modification another judge found complicated pneumoconiosis and awarded benefits. The Board held that the second judge improperly considered a doctor's deposition…

May 30, 2023 ·BRB
Remanded
COMM

UHS of Centennial Peaks dba Centennial Peaks Hospital

Settlement accepted and case dismissed

The Tenth Circuit remanded this case to the Commission for the limited purpose of considering the parties' settlement agreement. The Secretary and UHS of Centennial Peaks notified the Commission that they had resolved all contested citation items. Because the parties agreed to terminate the…

May 30, 2023 ·OSHRC
Settled
COMM

Panoche Energy Center, LLC

In re Panoche Energy Center, LLC (EAB UIC Appeal No. 22-01): Ambient-monitoring condition upheld

Panoche Energy Center, LLC operates a natural-gas-fired power plant in California with Class I underground injection wells for non-hazardous waste. EPA Region 9 renewed the permit and required ambient monitoring near an abandoned well in the permit's area of review, including chemical analysis and…

May 26, 2023 ·EPA EAB
Affirmed
COMM

Leona Stacy (on behalf of and widow of Roger Stacy) v. Little Moe Coal Corporation and Old Republic Insurance Company

Stacy v. Little Moe Coal (BRB 22-0046 and 22-0535 BLA): miner and survivor awards affirmed

Leona Stacy pursued her late husband's black lung claim and her own survivor claim against Little Moe Coal. The administrative law judge found that Roger Stacy had clinical and legal pneumoconiosis and was totally disabled because of it, despite having slightly less than fifteen years of coal mine…

May 26, 2023 ·BRB
Affirmed
COMM

Freddie W. Smith v. DLM Coal Corporation and West Virginia Coal Workers' Pneumoconiosis Fund

Smith v. DLM Coal (BRB 22-0456 BLA and BLA-A): benefits denial affirmed

Freddie Smith worked in coal mine employment for about 21 years, and his widow pursued his claim after his death. The administrative law judge found that only 4.45 years were shown to involve conditions substantially similar to underground work, so the fifteen-year disability presumption did not…

May 26, 2023 ·BRB
Affirmed
COMM

Ardijan Sylejmani v. Fluor Conops, Ltd.

Sylejmani v. Fluor Conops (BRB 22-0259): Defense Base Act denial affirmed

Ardijan Sylejmani sought benefits for a psychological condition he attributed to his logistics work in Afghanistan. The judge denied his claim after finding his accounts unreliable and giving greater weight to an employer's medical expert than to reports diagnosing work-related post-traumatic…

May 26, 2023 ·BRB
Affirmed
COMM

Rifat Dedic v. Fluor Federal Global Projects and Insurance Company of the State of Pennsylvania

Dedic v. Fluor Federal Global Projects (BRB 22-0181): outpatient care covered, disability denial stands

Rifat Dedic, a tow truck driver and mechanic for Fluor in Afghanistan, sustained a back injury and later developed work-related anxiety and depression. An administrative law judge denied disability benefits for his psychological condition but awarded some medical care, excluding a period of…

May 26, 2023 ·BRB
Mixed result
COMM

Billy J. Scalf v. Pontiki Coal Corporation and MAPCO, Incorporated c/o Alliance Resource Partners

Scalf v. Pontiki Coal (BRB 22-0074 BLA): complicated pneumoconiosis award affirmed

Billy Scalf sought black lung benefits after fourteen years of coal mine employment. The fifteen-year presumption did not apply, but the administrative law judge found complicated pneumoconiosis and awarded benefits under a separate irrebuttable presumption. After an earlier Board remand, the judge…

May 26, 2023 ·BRB
Affirmed
COMM

Leona Stacy (on behalf of and widow of Roger Stacy) v. Little Moe Coal Corporation and Old Republic Insurance Company

Stacy v. Little Moe Coal (BRB 22-0046 and 22-0535 BLA): miner and survivor awards affirmed

Leona Stacy pursued her late husband's black lung claim and her own survivor claim against Little Moe Coal. The administrative law judge found that Roger Stacy had clinical and legal pneumoconiosis and was totally disabled because of it, despite having slightly less than fifteen years of coal mine…

May 26, 2023 ·BRB
Affirmed
COMM

Kenny R. Johnson v. Apogee Coal Company, LLC

Johnson v. Apogee Coal (BRB 22-0022 BLA): black lung award affirmed

Kenny Johnson sought black lung benefits after 20.37 years of underground coal mine work. A judge found a totally disabling respiratory impairment and applied the fifteen-year presumption, then held that Apogee Coal and its carrier had not rebutted it. The Board rejected the employer's…

May 26, 2023 ·BRB
Affirmed
COMM

John Hale v. Kinney Branch Mining Incorporated

Hale v. Kinney Branch Mining (BRB 22-0005 BLA): black lung benefits award affirmed

John Hale sought black lung benefits after 23.46 years of qualifying coal mine employment. The administrative law judge found him totally disabled by a respiratory impairment, invoked the fifteen-year presumption, and awarded benefits. Kinney Branch Mining argued that a later employer should pay…

May 26, 2023 ·BRB
Affirmed
COMM

Hayward Payne v. Hobet Mining, Incorporated and Arch Resources

Payne v. Hobet Mining (BRB 21-0645 BLA): black lung benefits award affirmed

Hayward Payne sought black lung benefits after at least thirty years of underground coal mine work. An administrative law judge found a totally disabling respiratory impairment and awarded benefits under the fifteen-year presumption. Hobet Mining and Arch Resources challenged Arch's carrier…

May 26, 2023 ·BRB
Affirmed
COMM

Jerry D. Smith v. Heritage Coal Company LLC and Peabody Energy Corporation

Smith v. Heritage Coal (BRB 21-0643 BLA): black lung benefits award affirmed

Jerry Smith's widow pursued his black lung claim after his death during the appeal. An administrative law judge found more than fifteen years of underground coal mine work and a totally disabling breathing impairment, and awarded benefits under the fifteen-year presumption. Heritage Coal and…

May 26, 2023 ·BRB
Affirmed
COMM

Larry L. Collins v. ArcelorMittal/XMV, Incorporated

Collins v. ArcelorMittal/XMV (BRB 21-0612 BLA): black lung award sent back for review

Larry Collins sought black lung benefits after 29 years of underground coal mine work. An administrative law judge found that new evidence showed a totally disabling respiratory impairment and awarded benefits under the fifteen-year presumption. The Board upheld the judge's assessment of the x-rays…

May 26, 2023 ·BRB
Remanded
COMM

R.C. and Department of Homeland Security, Customs and Border Protection, San Francisco Port of Entry, San Francisco, CA

Board dismisses border employee appeal filed two days late (ECAB 23-0681)

A customs and border protection employee appealed an OWCP decision dated October 11, 2022. She filed with the Board on April 11, 2023, two days after the 180-day deadline identified in the order. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal…

May 26, 2023 ·ECAB
Procedural
COMM

S.H. and Department of Agriculture, U.S. Forest Service, Mastead Annex, Albuquerque, NM

Board dismisses late Forest Service appeal (ECAB 23-0680)

A Forest Service employee appealed an OWCP decision dated December 27, 2021. He filed with the Board on April 14, 2023, after the 180-day appeal period. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal without reviewing the underlying decision.

May 26, 2023 ·ECAB
Procedural
COMM

L.J. and U.S. Postal Service, Post Office, St. Louis, MO

Board orders explanation of late reconsideration ruling (ECAB 23-0282)

A rural carrier associate sought reconsideration of a denied back injury claim after the one-year period. The Board agreed that her request was untimely. It found that OWCP had merely stated that she showed no clear evidence of error without discussing the new medical evidence she submitted. The…

May 26, 2023 ·ECAB
Mixed result
COMM

R.E. and U.S. Postal Service, West Helena Post Office, West Helena, AR

Board upholds denial of postal carrier’s knee injury claim (ECAB 23-0255)

A city carrier assistant reported hurting his left knee while walking from a postal vehicle to a porch on uneven ground. OWCP accepted that the incident happened but denied the claim for lack of a diagnosed medical condition linked to it. The Board found that the submitted physician note…

May 26, 2023 ·ECAB
Affirmed

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.