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.
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D.S. and U.S. Postal Service, Gracie Post Office, New York, NY
Board dismisses late Gracie Post Office appeal (ECAB 23-0627)
D.S. provided no documented compelling circumstances to excuse the late filing. The Board found no final adverse decision within its jurisdictional period and dismissed the appeal without reviewing the underlying claim.
S.T. and U.S. Postal Service, Post Office, Edison, NJ
Board dismisses appeal more than a year after agency decision (ECAB 23-0596)
The record contained no supported explanation showing compelling circumstances for the late filing. The Board therefore lacked jurisdiction to review OWCP’s decision and dismissed the appeal without deciding its merits.
S.F. and U.S. Postal Service, Graham Post Office, Graham, WA
Board dismisses postal worker appeal filed after deadline (ECAB 23-0592)
S.F. supplied no documented explanation establishing compelling circumstances for the delay. With no timely appeal from a final adverse decision, the Board lacked jurisdiction and did not reach the underlying claim.
B.K. and Department of Veterans Affairs, St. Cloud VA Medical Center, St. Cloud, MN
Board dismisses late appeal despite relocation explanation (ECAB 23-0578)
The Board calculated that the appeal deadline was September 25, 2022. The later filing fell outside its jurisdiction, and the relocation explanation did not justify an exception. The Board did not review the compensation merits.
D.E. and Department of the Air Force, Kelly Air Force Base, San Antonio, TX
Board affirms limit on left leg impairment award (ECAB 22-1197)
D.E. sought a further schedule award after multiple earlier awards for the same leg. The Board reviewed the impairment evidence and found that it did not justify compensation beyond the total 69 percent already awarded.
RSCC Wire & Cable LLC
In re RSCC Wire & Cable LLC (EAB TSCA Appeal No. 23-01C): decaBDE import settlement approved
RSCC Wire & Cable LLC, formerly known as Rockbestos-Surprenant Cable Corporation, manufactured Class 1E safety power cables for nuclear facilities using the flame retardant decabromodiphenyl ether, or decaBDE. EPA alleged that RSCC imported decaBDE-containing articles at least nine times between…
R.W. and U.S. Postal Service, Westland Station Post Office, Jacksonville, FL
Board reverses untimeliness finding on disease claim (ECAB 23-0101)
R.W. submitted his claim in August 2022, after his last alleged exposure in April 2022. The filing period ran from that last exposure, so the Board directed OWCP to address the claim’s merits in a new decision.
T.S. and Department of Health and Human Services, Indian Health Service, Alaska Area Native Health Service, Sitka, AK
Board affirms large Social Security offset overpayment (ECAB 22-1354)
The Board found T.S. was without fault but upheld OWCP’s denial of a waiver of recovery. The April 1, 2022 agency decision remained in force, including its overpayment determination. The Board also rejected the request to excuse repayment despite the finding that she did not cause the error.
J.V. and U.S. Postal Service, Avon Lake Post Office, Avon Lake, OH
Board affirms denial of recurrence of disability (ECAB 22-1347)
The Board evaluated the evidence offered for the later period of disability and found it insufficient to connect that period to the accepted injury. The August 19, 2022 OWCP decision therefore remained in effect.
C.S. and U.S. Postal Service, Buffalo Post Office, Buffalo, NY
Board orders further review of postal worker back injury (ECAB 22-1087)
The treating physician described the twisting motion, diagnosed disc herniation and radiculopathy, and distinguished earlier back symptoms. The Board found his opinion sufficient to require a specialist review, while leaving ultimate causation for OWCP to decide.
T.F. and U.S. Postal Service, Hawthorne Post Office, Hawthorne, CA
Board affirms schedule award overpayment and waiver denial (ECAB 21-1104)
Although T.F. was without fault in receiving the payment, the Board found that OWCP correctly identified the overpayment and properly declined to waive recovery. The June 15, 2021 agency decision remained effective.
C.Y. and U.S. Postal Service, Post Office, Albuquerque, NM
Board finds dock fall occurred during postal duties (ECAB 21-1009)
C.Y. reopened a truck by mistake while doing his mail handler duties, then fell when it pulled away. The Board rejected the employer’s willful misconduct defense because the record showed a mistake, not deliberate disobedience of a safety rule.
G.M. and U.S. Postal Service, North Hills Post Office, San Fernando, CA
Board affirms leg award limit and schedule overpayment (ECAB 20-1196)
G.M. had previously received a schedule award for 25 percent impairment. The Board found no basis for a greater award and upheld OWCP’s finding that he received an award payment to which he was not entitled during October 2015 through February 2016.
Warrior Met Coal Mining, LLC v. Secretary of Labor and Secretary of Labor v. Warrior Met Coal Mining, LLC
Warrior Met Coal Mining, LLC v. Secretary of Labor (FMSHRC SE 2023-0028): Eighteen dockets dismissed
The Acting Secretary vacated five contest citations and thirteen related penalty proceedings alleging that Warrior Met denied miners' representatives access to its No. 4 and No. 7 mines during a strike. Warrior Met did not oppose dismissal but asked the Judge first to consolidate those eighteen…
Matter of CANCINOS-MANCIO
Plea-colloquy transcript may establish the factual basis of a conviction
The Board reviewed an Arizona respondent’s challenge to removability based on an aggravated assault conviction. It held that an Immigration Judge may consider a plea-colloquy transcript under the modified categorical approach when determining the factual basis of a plea. Applying controlling…
Taul D. Moore v. Bridger Coal Company
Moore v. Bridger Coal (BRB 22-0368 BLA): black lung benefits award affirmed
Taul Moore worked above ground at coal mines for twenty-nine years in conditions comparable to underground mining and had a disabling respiratory impairment. Those findings invoked the fifteen-year presumption of disability due to pneumoconiosis. Bridger Coal argued that doctors had attributed his…
Vernon W. Vanderpool v. Clinchfield Coal Company
Vanderpool v. Clinchfield Coal (BRB 22-0355 BLA): black lung benefits award affirmed
Vernon Vanderpool had at least fifteen years of qualifying coal mine work and sought benefits on a subsequent claim. A judge found that valid breathing tests and a supporting medical opinion established total respiratory disability, triggering the fifteen-year presumption. Clinchfield Coal…
James D. Shepherd v. Director, Office of Workers' Compensation Programs
Shepherd v. Director, OWCP (BRB 22-0321 BLA): subsequent black lung claim denial affirmed
James Shepherd sought benefits on a subsequent black lung claim after a prior claim was denied for lack of total disability. His latest breathing and blood gas tests did not meet the disability thresholds. The judge treated Shepherd's usual surface mine work as sedentary haul truck driving and…
Peter T. Blohm v. Tidewater Terminal Company and Signal Mutual Indemnity Association, Ltd.
Blohm v. Tidewater Terminal (BRB 22-0152 and 22-0152A): attorney fee order vacated
Peter Blohm's Longshore Act claim had settled, but the parties continued to dispute the amount of his lawyer's fees and costs. The district director awarded $76,363.87, less than counsel requested, and both sides appealed. The Board found calculation errors in the fee order, including mishandled…
Peter T. Blohm v. Tidewater Terminal Company and Signal Mutual Indemnity Association, Ltd.
Blohm v. Tidewater Terminal (BRB 22-0152 and 22-0152A): attorney fee order vacated
Peter Blohm's Longshore Act claim had settled, but the parties continued to dispute the amount of his lawyer's fees and costs. The district director awarded $76,363.87, less than counsel requested, and both sides appealed. The Board found calculation errors in the fee order, including mishandled…
David E. Minor v. Knight Hawk Coal, LLC and AIG
Minor v. Knight Hawk Coal (BRB 21-0569 BLA): benefits denial remanded for medical opinion review
David Minor worked underground in coal mines for thirty-eight years, but a judge denied his black lung claim after finding he was not totally disabled from a respiratory condition. The judge gave little weight to two doctors who said Minor could no longer perform his mine work. The Board held that…
P.M. and Department of the Navy, Naval District Washington Housing Department, Woodbridge, VA
Board affirms Navy employee overpayment recovery (ECAB 22-1059)
Although P.M. was without fault, the Board affirmed the denial of waiver and recovery through deductions of $500 from continuing compensation every 28 days. The March 23, 2022 decision remained effective.
L.J. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Edgefield, Edgefield, SC
Board orders merits review of prison employee surgery claim (ECAB 22-0348)
The newly accepted conditions were pertinent to the earlier surgery denial. The Board held that L.J. met the threshold for reopening the claim, while leaving entitlement to surgery for OWCP to decide after review.
K.M. and U.S. Postal Service, Carol Stream Processing and Distribution Center, Carol Stream, IL
Board affirms denial of parking lot assault claim (ECAB 21-1306)
Although the incident occurred on employer property just after K.M.’s shift, location and timing alone did not establish coverage. The Board concluded that the cause of the assault was imported from her private life and affirmed the denial.
S.C. and U.S. Postal Service, Minneapolis Post Office, Minneapolis, MN
Board accepts visible wrist and abdominal injuries (ECAB 21-0929)
The visible injuries warranted acceptance and a remand for medical expenses and any related disability. Reports diagnosing a spleen hematoma did not explain how the incident caused it, and a physician assistant’s wrist sprain note was not competent medical evidence.
C.R. and U.S. Postal Service, College Station Post Office, College Station, TX
Board remands postal worker stress claim after finding work factors (ECAB 21-0463)
The Board identified staffing, workspace, mail-route paperwork, high work volume, and deadlines as supported work duties. It did not find proof of the separate allegations of abusive personnel actions or harassment; OWCP must address the supported factors on remand.
Secretary of Labor v. Greenbrier Minerals, LLC
Dozer-window settlement approved
MSHA issued two same-day citations after finding scratched and internally dirty windows on two Caterpillar D10R dozers working in the same coal-stockpile area. One citation, covering four deficient windows, remained at its $626 assessment; the other, covering five deficient windows, was reduced…
Sarah Namwanje v. SOC, LLC and Continental Casualty Company
Namwanje v. SOC (BRB 22-0363): hearing loss claim recognized, psychological claim denied
Sarah Namwanje claimed hearing loss and a psychological injury after working as a security guard at a military base in Iraq. A judge denied both claims under the Defense Base Act. The Board majority held that the employer's audiology opinion did not rebut the presumption connecting her hearing loss…
Ronald Lawson v. Unicorn Mining, Incorporated and Birmingham Fire Insurance Company/AIG
Lawson v. Unicorn Mining (BRB 22-0350 BLA): subsequent black lung claim denial affirmed
Ronald Lawson's subsequent black lung claim returned to the judge after an earlier Board remand for a complete pulmonary evaluation. The judge found clinical pneumoconiosis but denied benefits because Lawson had not established complicated pneumoconiosis or total respiratory disability. On this…
David L. Wells v. Heritage Coal Company and Peabody Energy Corporation
Wells v. Heritage Coal (BRB 22-0333 BLA): benefits denial remanded, operator and carrier affirmed
David Wells worked in coal mines for 9.56 years and sought black lung benefits without the fifteen-year presumption. A judge found legal pneumoconiosis but denied benefits for lack of total respiratory disability; both Wells and Heritage Coal appealed. The Board upheld Heritage as the responsible…
James R. Cumbow v. Frasure Creek Mining, LLC
Cumbow v. Frasure Creek Mining (BRB 21-0459 BLA): benefits denial remanded for new disease review
James Cumbow sought black lung benefits after twenty-nine years of coal mine work. The judge found no total respiratory disability and denied the claim after also finding that Cumbow had not proved complicated pneumoconiosis, which could independently support benefits through an irrebuttable…
A.D. and Department of Commerce, U.S. Census Bureau, Bethesda, MD
Board dismisses appeal and late reconsideration petition (ECAB 23-0107)
The new appeal lacked a qualifying agency decision within the Board’s jurisdiction. A.D.’s October 28, 2022 submission also came more than 30 days after the earlier Board decision, so it could not serve as a timely reconsideration petition.
D.B. and Department of Homeland Security, Transportation Security Administration, John F. Kennedy International Airport, Jamaica, NY
Board affirms refusal to reopen TSA worker claim (ECAB 22-1241)
The submitted medical reports either repeated material already in the record or were substantially similar to reports OWCP had considered. The Board held that the request did not satisfy the regulatory threshold for merits review.
A.K. and U.S. Postal Service, Round Lake Post Office, Round Lake, IL
Board affirms denial of another right knee surgery (ECAB 22-1213)
A.K. had already undergone several right knee operations. OWCP’s second-opinion physician explained why another procedure was unlikely to relieve symptoms or reduce disability, and the Board found no abuse of agency discretion.
S.J. and Department of Veterans Affairs, Clement J. Zablocki VA Medical Center, Milwaukee, WI
Board reverses benefit termination and remands hip conditions (ECAB 22-0936)
The record showed unhealed pelvic fractures and an unresolved conflict between treating and second-opinion doctors. OWCP must obtain an impartial medical examination for the additional conditions and issue a new decision.
T.S. and U.S. Postal Service, Chanute Post Office, Chanute, KS
Board affirms existing arm impairment awards (ECAB 22-0924)
The Board reviewed his request for additional schedule compensation and found that the medical record did not support a higher permanent impairment rating for either arm. The March 30, 2022 decision remained in effect.
A.S. and U.S. Postal Service, Cleveland Post Office, Cleveland, OH
Board affirms denial of shoulder injury claim (ECAB 22-0861)
OWCP asked A.S. to complete a questionnaire describing the alleged duties and exposure. She did not respond, so the Board found the factual part of the claim unproven and did not reach medical causation.
Joshua Herion dba ECS Roofing Professionals, Inc.
Citations affirmed by default
OSHA issued ECS Roofing Professionals 14 construction citations after inspecting worksites in Illinois and Wisconsin, including one willful violation, four repeat violations, and nine serious violations. After its attorney withdrew, ECS repeatedly failed to provide contact information, respond to…
United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
Poplar Bluff VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5762): Authority upholds mold-accommodation award
An arbitrator found that the Poplar Bluff medical center failed to address workplace mold, provide a reasonable accommodation, and assist an employee seeking workers' compensation. She ordered a portable air filter as the principal accommodation, with placement in a licensed-practical-nurse…
Glen K. Lawson v. Extra Energy, Incorporated and New Hampshire Insurance Company c/o AIG
Lawson v. Extra Energy (BRB 22-0248 BLA): black lung benefits award affirmed
Glen Lawson worked in coal mines for twelve years and could not invoke the fifteen-year presumption. The parties agreed he had a totally disabling respiratory impairment, and a judge awarded benefits after finding that his obstructive lung disease was significantly related to coal dust exposure as…
Jeffrey Varney v. Argus Energy, LLC and New Hampshire Insurance Company
Varney v. Argus Energy (BRB 22-0182 BLA): black lung benefits denial affirmed
Jeffrey Varney had twenty-nine years of underground coal mine work, but a judge denied his black lung claim after finding neither complicated pneumoconiosis nor total respiratory disability. On appeal, the Board upheld the judge's weighing of conflicting x-ray readings and found that a biopsy…
Carol A. Grimm, widow of Robert Grimm v. KBR, Incorporated and Insurance Company of the State of Pennsylvania, with SEACOR Environmental Services and SEACOR Response
Grimm v. KBR (BRB 22-0066): death benefits affirmed, late payment issue remanded
Robert Grimm died in a vehicle crash near the Kuwait-Iraq border on a day off during his assignment to an oil spill response project for an Army contractor. His widow sought death benefits under the Defense Base Act. The Board upheld the finding that the claim was timely: the employer knew of the…
Arturo Champi Apaza v. SOC-SMG, Incorporated and Continental Insurance Company
Apaza v. SOC-SMG (BRB 21-0076 reconsideration): hearing loss award ordered, psychological claim denied
Arturo Apaza sought Defense Base Act benefits for hearing loss and a psychological condition following security work in Iraq. On reconsideration, the Board corrected its earlier use of Fifth Circuit law and applied Second Circuit law. It held that the judge had improperly assessed the credibility…
F.S. and Department of Justice, Federal Bureau of Prisons, Coleman Federal Correctional Complex, Coleman, FL
Board affirms denial of intermittent disability claim (ECAB 23-0112)
Treatment notes, diagnostic studies, and a nurse’s note did not contain a qualifying, reasoned medical opinion addressing the claimed dates. The Board therefore found the causal link unproven. Evidence showing treatment or a diagnosis alone did not establish disability from work on the specific…
T.J. and Department of Transportation, Federal Aviation Administration, Quad Cities International Airport, Moline, IL
Board affirms denial of COVID continuation of pay (ECAB 23-0003)
The Board treated the last exposure as the injury date under OWCP’s COVID-19 guidance. Filing the approved injury form almost two months later did not satisfy the statutory timing condition for continuation of pay.
G.W. and U.S. Postal Service, Sutter Creek Post Office, Sutter Creek, CA
Board affirms denial for lack of medical diagnosis (ECAB 22-1359)
Physicians’ reports lacked a firm diagnosis and reasoned causal opinion. A nurse practitioner’s work slip and unsigned emergency department instructions also could not supply the required qualifying medical evidence.
K.G. and Department of the Treasury, Bureau of Engraving and Printing, Washington, DC
Board affirms seven percent arm impairment award (ECAB 22-1307)
K.G. sought additional schedule compensation, but the Board found that the medical record did not support a higher impairment rating for his right arm. The August 30, 2022 OWCP decision remained in effect.
S.S. and Department of the Treasury, Internal Revenue Service, Martinsburg, WV
Board affirms suspension for missed examination (ECAB 22-1291)
FECA permits suspension when a claimant refuses or obstructs a required examination. The Board concluded that OWCP properly applied that rule and left its March 11, 2022 decision in effect. The suspension covered both wage-loss payments and medical benefits.
J.B. and U.S. Postal Service, Grafton Post Office, Grafton, WI
Board finds icy sidewalk fall occurred on duty (ECAB 22-1201)
The employer challenged the account because the injury was reported later, but a text to the postmaster the next day and medical histories supported the fall. The Board treated the incident as established and left medical causation open.
J.L. and U.S. Postal Service, Grand Prairie Westchester Station, Grand Prairie, TX
Board remands back claim to combine related case files (ECAB 21-0958)
J.L. alleged back pain from repetitive mail delivery movements. The Board found another OWCP file also concerned her lumbar spine and directed administrative consolidation for a complete review, without deciding entitlement to compensation.
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Communications and track settlement approved
The settlement covered an emergency-communications citation and two track or travelway safeguard citations at Consol Pennsylvania Coal's Bailey Mine. The communications system lacked redundant tracking and communication along a 2,420-foot alternate escapeway and at a refuge location; its…
Charles Thompson v. Consol of Kentucky, Incorporated
Thompson v. Consol of Kentucky (BRB 22-0439 BLA): black lung benefits award affirmed
Charles Thompson sought black lung benefits after an earlier claim had been denied. The judge found at least fifteen years of qualifying coal mine work and a totally disabling respiratory impairment, giving Thompson the statutory presumption that his disability was due to pneumoconiosis. Consol of…
Homer R. Preece v. Bill Mont Coal Company, Incorporated and Kentucky Employers’ Mutual Insurance
Preece v. Bill Mont Coal Company (BRB 22-0010 BLA): black lung benefits award affirmed
Homer Preece's widow pursued his black lung benefits claim after his death. The judge found that Preece had twenty-eight years of underground coal mine work and was totally disabled by a respiratory impairment, triggering the fifteen-year presumption that the disability was due to pneumoconiosis…
L.W. and U.S. Postal Service, Post Office, Grand Rapids, MI
Board affirms denial of emotional condition claim (ECAB 23-0214)
The claim did not specify the people, actions, statements, or circumstances behind the allegations, and L.W. did not answer OWCP’s development questionnaire. Without supported work factors, the Board did not reach medical causation.
C.B. and U.S. Postal Service, Post Office, Greensboro, NC
Board establishes package handling incident and remands shoulder claim (ECAB 22-1353)
C.B. consistently described her hand slipping from the package and her right arm overextending. Her supervisor acknowledged an on-duty injury, and the Board found the incident established while leaving medical causation for OWCP.
A.P. and Department of Justice, Bureau of Prisons, Coleman Federal Correctional Complex, Coleman, FL
Board remands ankle impairment dispute for independent examiner (ECAB 22-1246)
The physicians disagreed on the effect of an accepted right ankle ligament strain and right S1 nerve root findings. The Board directed OWCP to obtain an independent medical examiner’s opinion before deciding any additional schedule award.
M.H. and U.S. Postal Service, Hunting Park Post Office, Philadelphia, PA
Board affirms denial of later disability claim (ECAB 22-1178)
M.H. sought wage-loss compensation for a later period following an earlier accepted employment injury. The Board found the medical evidence insufficient to establish the causal link required for the new period of disability.
S.S. and U.S. Postal Service, Processing and Distribution Center, White Plains, NY
Board affirms denial of condition after accepted incident (ECAB 22-1072)
The Board distinguished proof that an event occurred at work from proof that it caused a diagnosed condition. It found the submitted medical opinions insufficient to link the claimed condition to the accepted event.
K.B. and U.S. Postal Service, Philadelphia Post Office, Philadelphia, PA
Board remands knee and back conditions for impartial examination (ECAB 22-0842)
The conflicting medical opinions carried enough weight to require an impartial specialist under FECA. OWCP must obtain that examination and issue a new decision on the claimed knee and back conditions.
L.W. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Beaumont, TX
Board reverses prison employee dual benefit overpayment (ECAB 22-0742)
L.W. had elected retirement benefits, but an election alone did not prove concurrent payment with FECA wage-loss compensation. Without proof of both payments, OWCP failed to establish the alleged overpayment.
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.