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

Michael Parkhill on behalf of Clyde D. Parkhill v. Old Ben Coal Company and The Travelers’ Companies

Parkhill v. Old Ben Coal Company (BRB 21-0631 BLA): complicated pneumoconiosis award affirmed

Clyde Parkhill's son pursued his father's black lung claim after Parkhill died while the case was pending. A judge found that Parkhill had complicated pneumoconiosis arising from his coal mine work, which gave the claim an irrebuttable presumption of total disability due to pneumoconiosis. Old Ben…

April 14, 2023 ·BRB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Detroit, MI

Board upholds 31 percent leg impairment award (ECAB 22-0986)

D.B. sought an increased schedule award after a work related knee injury and later knee replacement. OWCP’s medical adviser rated left lower extremity impairment at 31 percent using the applicable guides. The Board found that the other evidence did not support a higher permanent impairment…

April 14, 2023 ·ECAB
Affirmed
COMM

S.B. and U.S. Postal Service, Williamsbridge Station, Bronx, NY

Board remands knee disability recurrence claim (ECAB 22-0082)

S.B. returned to modified postal work after an accepted knee injury and reported renewed disability two weeks later. OWCP asked for proof under a standard used after 90 days back at work. The Board directed OWCP to develop and decide the claim using the standard for a recurrence within 90 days.

April 14, 2023 ·ECAB
Remanded
COMM

X.F. and Department of Veterans Affairs, VA Connecticut Healthcare System, West Haven, CT

Board remands nurse emotional condition claim (ECAB 22-0045)

X.F. described 20 patient care situations that she said contributed to stress and other symptoms. OWCP listed the submitted material but did not decide which incidents were established or compensable employment factors. The Board required findings and a new merits decision.

April 14, 2023 ·ECAB
Remanded
COMM

L.E. and Department of Veterans Affairs, VA Medical Center, Martinez, CA

Board affirms injury and reconsideration denials (ECAB 22-0004)

L.E. appealed the denial of an injury claim arising from an April 2021 workplace incident. The Board found the medical evidence insufficient to explain a causal link to a diagnosed condition. It also found that her later submission did not supply a qualifying reason to reopen the claim.

April 14, 2023 ·ECAB
Affirmed
COMM

C.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Marion, IL

Board affirms denial of shoulder injury claim (ECAB 21-1005)

C.A. reported shoulder pain after moving a heavy patient at work. Her medical reports diagnosed shoulder conditions, but the Board found no reasoned medical opinion tying those conditions to the December 2020 incident. The evidence therefore did not meet the claim’s medical causation requirement.

April 14, 2023 ·ECAB
Affirmed
COMM

R.S. and Department of the Interior, National Park Service, Redwood National Park, Crescent City, CA

Board reverses overpayment finding for park worker (ECAB 21-0647)

R.S. received federal workers’ compensation and Social Security retirement benefits. OWCP calculated a debt using a form for employees covered by the Federal Employees Retirement System. His personnel record showed FICA coverage instead, and the Board reversed the overpayment decision.

April 14, 2023 ·ECAB
Vacated
COMM

Robert M. Plavi v. Helen Mining Company and Valley Camp Coal Company

Plavi v. Helen Mining Company (BRB 21-0591 BLA): benefits award affirmed after remand

Robert Plavi qualified for the fifteen-year presumption after a judge found eighteen years of underground coal mine work and a totally disabling respiratory impairment. The judge initially denied benefits, but the Board returned the case for another look at whether Helen Mining rebutted the…

April 13, 2023 ·BRB
Affirmed
COMM

M.M. and U.S. Postal Service, Wheaton Post Office, Wheaton, IL

Board grants withdrawal of Wheaton postal appeal (ECAB 23-0359)

M.M. appealed an OWCP decision issued on January 4, 2023. M.M. then sent a letter asking to withdraw the appeal, which the Board received on March 1, 2023. The Board granted the request and dismissed the appeal without reaching the merits of her compensation claim.

April 13, 2023 ·ECAB
Procedural
COMM

G.L. and Department of the Navy, Marine Corps Base Camp Pendleton, Barstow, CA

Board dismisses appeal and late reconsideration petition (ECAB 23-0352)

G.L. appealed a purported October 2022 OWCP decision, but the Board found the most recent OWCP decision was from October 2020, outside the 180 day appeal period. The January 2023 filing was also too late to seek reconsideration of the Board’s October 2022 dismissal order.

April 13, 2023 ·ECAB
Procedural
COMM

S.B. and U.S. Postal Service, Dominick V. Daniels Processing and Distribution Center, Kearney, NJ

Board grants withdrawal of postal appeal (ECAB 23-0341)

S.B. had appealed an OWCP merits decision through counsel. Before the Board decided the appeal, counsel submitted a written withdrawal request that the Board received on January 31, 2023. The Board granted that request and dismissed the appeal without a merits ruling.

April 13, 2023 ·ECAB
Procedural
COMM

J.E. and U.S. Postal Service, Cullman Post Office, Cullman, AL

Board affirms denial of vehicle injury claim (ECAB 23-0105)

J.E. reported several injuries after a March 2022 vehicle incident while delivering mail. The Board found that abdominal pain was a symptom rather than a specific diagnosis and that an additional abdominal finding was incidental. The remaining medical evidence did not establish a condition…

April 13, 2023 ·ECAB
Affirmed
COMM

T.F. and U.S. Postal Service, Port Charlotte Annex Post Office, Port Charlotte, FL

Board affirms denial of carrier fall claim (ECAB 23-0077)

T.F. reported that she missed a bottom stair and injured her hip or buttocks while working as a rural carrier. The Board found her description too vague to establish the incident as alleged. She did not provide the detailed factual evidence OWCP requested to resolve the claim.

April 13, 2023 ·ECAB
Affirmed
COMM

D.R. and Department of Veterans Affairs, New York Harbor Healthcare System, St. Albans, NY

Board affirms knee and back benefit denials (ECAB 21-1056)

D.R. sought coverage for additional conditions and surgery following a 2019 workplace knee injury. The Board found the medical opinions insufficient to connect the requested procedures and conditions to the accepted injury. It also upheld denial of her claimed renewed disability.

April 13, 2023 ·ECAB
Affirmed
COMM

J.E. and U.S. Postal Service, Post Office, Albany, NY

Board affirms denial of shoulder injury claim (ECAB 21-0810)

J.E. reported shoulder pain after repeatedly closing a postal truck door. Her physician said diagnostic testing was needed before he could identify a condition. The Board found that a report of pain alone was insufficient to establish a diagnosed medical condition linked to the incident.

April 13, 2023 ·ECAB
Affirmed
COMM

Secretary of Labor v. Hanson Aggregates Pennsylvania, LLC

Unexplained late contest denied without prejudice

Hanson Aggregates sent the Commission a notice contesting six citations after the assessment had become final and MSHA had issued a delinquency notice. The Commission treated the filing as a motion to reopen. Hanson did not explain why it missed the statutory contest deadline or identify a Rule…

April 12, 2023 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Carmeuse Lime and Stone, Inc.

Vacation coverage lapse was excused

Carmeuse had already filed Commission contests for three of the thirteen penalties in an assessment. Its senior safety manager was on vacation when MSHA issued the assessment, received only an electronic copy, and mistakenly failed to submit the penalty contest after returning. Carmeuse monitored…

April 12, 2023 ·FMSHRC
Remanded
COMM

Erwin D. McKee v. Heritage Coal Company, LLC and Peabody Energy Corporation

McKee v. Heritage Coal Company (BRB 21-0541 BLA): benefits upheld, start date remanded

Erwin McKee received black lung benefits after the judge found that he was totally disabled due to pneumoconiosis without relying on either statutory presumption. Heritage Coal and Peabody Energy challenged the disease and causation findings and the carrier designation; the Board affirmed the…

April 12, 2023 ·BRB
Remanded
COMM

Homer Harrington Cole v. Consolidation Coal Company

Cole v. Consolidation Coal Company (BRB 21-0508 BLA): black lung benefits award affirmed

Homer Cole filed a subsequent black lung claim after an earlier denial. A judge found 17.5 years of qualifying coal mine work and a totally disabling respiratory impairment, triggering the statutory presumption that his disability was due to pneumoconiosis. Consolidation Coal challenged both…

April 12, 2023 ·BRB
Affirmed
COMM

Frederick B. Bateman v. Bluff Spur Coal Corporation and American International South/Chartis

Bateman v. Bluff Spur Coal (BRB 21-0501 BLA): benefits award vacated for new findings

Frederick Bateman received a black lung benefits award after an earlier Board remand. In this second appeal, the Board majority upheld the judge's finding that Bateman had a totally disabling respiratory impairment. But it found the calculation of his coal mine work history inadequately explained…

April 12, 2023 ·BRB
Remanded
COMM

T.P. and U.S. Postal Service, Nampa Carrier Annex, Nampa, ID

Board dismisses late appeal (ECAB 23-0553)

The appellant sought Board review of an OWCP decision dated June 6, 2022, but did not file until March 1, 2023. The Board found the filing outside its 180 day appeal window and found no documented compelling circumstances to explain the delay. It dismissed the appeal without reaching the…

April 12, 2023 ·ECAB
Procedural
COMM

J.R. and U.S. Postal Service, Post Office, Tampa, FL

Board dismisses late appeal (ECAB 23-0514)

The appellant sought Board review of an OWCP decision dated August 29, 2022, but did not file until March 2, 2023. The Board found the filing outside its 180 day appeal window and found no documented compelling circumstances to explain the delay. It dismissed the appeal without reaching the…

April 12, 2023 ·ECAB
Procedural
COMM

K.R. and U.S. Postal Service, Chicopee Post Office, Chicopee, MA

Board dismisses late appeal (ECAB 23-0506)

The appellant sought Board review of an OWCP decision dated March 15, 2022, but did not file until February 17, 2023. The Board found the filing outside its 180 day appeal window and found no documented compelling circumstances to explain the delay. It dismissed the appeal without reaching the…

April 12, 2023 ·ECAB
Procedural
COMM

E.A. and U.S. Postal Service, Post Office, LaPuenta, CA

Board dismisses late appeal (ECAB 23-0495)

The appellant sought Board review of an OWCP decision dated August 20, 2021, but did not file until February 21, 2023. The Board found the filing outside its 180 day appeal window and found no documented compelling circumstances to explain the delay. It dismissed the appeal without reaching the…

April 12, 2023 ·ECAB
Procedural
COMM

M.H. and Department of Veterans Affairs, Lexington, KY

Board grants requested dismissal of appeal (ECAB 23-0166)

The appellant appealed an OWCP decision dated October 31, 2022. A request to dismiss the Board appeal was received on January 30, 2023, and the Board granted it. The order ends this appeal without ruling on whether OWCP’s decision about the compensation claim was correct.

April 12, 2023 ·ECAB
Procedural
COMM

M.S. and U.S. Postal Service, Post Office Medical Unit, Detroit, MI

Board grants requested dismissal of appeal (ECAB 23-0040)

The appellant appealed an OWCP decision dated September 21, 2022. A request to dismiss the Board appeal was received on February 23, 2023, and the Board granted it. The order ends this appeal without ruling on whether OWCP’s decision about the compensation claim was correct.

April 12, 2023 ·ECAB
Procedural
COMM

R.T. and U.S. Postal Service, Post Office, Miami, FL

Board grants requested dismissal of appeal (ECAB 23-0023)

The appellant appealed an OWCP decision dated April 19, 2022. A request to dismiss the Board appeal was received on February 9, 2023, and the Board granted it. The order ends this appeal without ruling on whether OWCP’s decision about the compensation claim was correct.

April 12, 2023 ·ECAB
Procedural
ALJ

Gander & White Shipping, Inc.

Powered-industrial-truck training citation affirmed

OSHA inspected Gander & White Shipping after an employee was injured in a fall from a scissor lift at its Miami warehouse. The inspection found that employees operated powered industrial trucks without completing the required training and evaluation. The operations manager admitted the employees…

April 12, 2023 ·John B. Gatto ·OSHRC
Citations affirmed
COMM

Ronald M. Wright v. Northern Son, Incorporated

Wright v. Northern Son (BRB 22-0398 BLA): benefits award vacated for new findings

Ronald Wright received black lung benefits after a judge credited him with twenty years of qualifying surface coal mine work and accepted the parties' agreement that he had a totally disabling respiratory impairment. The Board found that the judge had not adequately explained either the length of…

April 11, 2023 ·BRB
Remanded
COMM

Rosemary Bailey, Widow of Sherman Bailey v. Heritage Coal Company, LLC and Peabody Energy Corporation

Bailey v. Heritage Coal Company (BRB 22-0396 BLA): survivor benefits award affirmed

Rosemary Bailey sought survivor's black lung benefits after her husband, Sherman Bailey, died while his own claim was pending. A judge awarded benefits on the miner's claim, allowing Rosemary Bailey to receive automatic survivor benefits. Heritage Coal and Peabody Energy argued that the miner's…

April 11, 2023 ·BRB
Affirmed
COMM

Billy R. Daugherty v. Darty Leasing Company, Incorporated

Daugherty v. Darty Leasing (BRB 21-0513 BLA): disability finding returned for review

Billy Daugherty had thirty-four years of qualifying coal mine work, but a judge denied benefits after finding he was not totally disabled by a respiratory impairment. The Board found the judge's explanation inadequate: she gave some weight to all four medical opinions even though three diagnosed…

April 11, 2023 ·BRB
Remanded
COMM

A.G. and Department of Justice, Federal Correctional Institution Oakdale, Oakdale, LA

Board dismisses late prison worker appeal (ECAB 23-0461)

A.G. appealed OWCP’s August 11, 2022 nonmerit decision on February 9, 2023. The 180 day filing period ended on February 7. The Board found no documented compelling circumstances for the late filing and dismissed the appeal without addressing the compensation claim.

April 11, 2023 ·ECAB
Procedural
COMM

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

Board affirms refusal to reopen knee injury claim (ECAB 23-0078)

R.M. had reported knee tendon injuries after a fall on stairs while working for the Postal Service. In seeking reconsideration, he did not present a new relevant legal argument or evidence addressing the underlying claim. The Board upheld OWCP’s decision to leave the merits closed.

April 11, 2023 ·ECAB
Affirmed
COMM

D.T. and Department of Housing and Urban Development, Memphis Field Office, Memphis, TN

Board reverses housing worker overpayment decision (ECAB 22-1314)

D.T. received federal workers’ compensation and Social Security retirement benefits. His records gave conflicting information about retirement coverage, including a notation for the Civil Service Retirement System. The Board found OWCP had not proved FERS coverage and reversed the overpayment…

April 11, 2023 ·ECAB
Vacated
COMM

G.A. and U.S. Postal Service, Post Office, New Orleans, LA

Board upholds suspension for missing benefits form (ECAB 22-1245)

OWCP mailed G.A. a Form CA-1032 and warned that failure to answer and return it within 30 days would suspend benefits. The Board found the notice properly sent and the completed form not timely submitted. It upheld the suspension effective April 22, 2022.

April 11, 2023 ·ECAB
Affirmed
COMM

R.S. and Department of Labor, Employment Standards Administration, San Francisco, CA

Board upholds overpayment fact and remands amount (ECAB 22-1071)

R.S. received both FECA wage loss benefits and Social Security retirement benefits attributable to federal service without the required offset. The Board found an overpayment existed but could not uphold OWCP’s calculated period and $24,990.63 amount. OWCP must recalculate and issue a new decision.

April 11, 2023 ·ECAB
Mixed result
COMM

B.G. and Department of Homeland Security, Immigration and Customs Enforcement, Newark, NJ

Board upholds 27 percent leg impairment rating (ECAB 21-1052)

B.G. sought additional schedule award compensation for his left lower extremity after earlier awards. The Board reviewed the competing impairment assessments and found that the record did not support a rating above 27 percent. OWCP’s March 2021 decision remained in effect.

April 11, 2023 ·ECAB
Affirmed
COMM

E.A. and Department of the Air Force, 436th Civil Engineer Squadron, Dover Air Force Base, DE

Board affirms denial of mechanic back claim (ECAB 21-0620)

E.A. reported twisting his back while climbing into a truck during his Air Force mechanic duties. His physician described existing back problems and noted that symptoms increased afterward. The Board found that timing alone did not explain a causal relationship between the incident and his back…

April 11, 2023 ·ECAB
Affirmed
COMM

Elizabeth L. Lawson, Widow of Nathan B. Lawson v. Lake Coal Company, Incorporated and Old Republic Insurance Company

Lawson v. Lake Coal Company (BRB 21-0601 BLA): survivor benefits on modification affirmed

Elizabeth Lawson pursued survivor's black lung benefits after several denials and modification requests. A judge found that Nathan Lawson had at least twenty years of underground coal mine work and a totally disabling respiratory impairment when he died. Those findings triggered the presumption…

April 10, 2023 ·BRB
Affirmed
COMM

L.W. and Department of Veterans Affairs, Corporal Michael J. Crescenz VA Medical Center, Philadelphia, PA

Board upholds 31 percent right leg award (ECAB 22-1207)

L.W. sought a higher permanent impairment rating after an accepted right knee injury. Her treating physician rated 42 percent, while an OWCP examiner rated 31 percent. The Board found that the impartial examiner supported the 31 percent rating and upheld the award.

April 10, 2023 ·ECAB
Affirmed
COMM

W.L. and Department of the Air Force, U.S. Air Forces in Europe, Royal Air Force Base Mildenhall, England

Board affirms denial of left wrist condition claim (ECAB 22-1192)

W.L. sought benefits for a wrist condition following an accepted workplace incident at a child development program. A surgeon documented a later wrist ligament rupture, but did not explain its connection to that incident. Diagnostic testing alone also did not provide a causal opinion.

April 10, 2023 ·ECAB
Affirmed
COMM

A.W. and Department of the Air Force, Ohio Air National Guard, Columbus, OH

Board affirms denial of knee schedule award (ECAB 22-1075)

A.W. sought an award for left leg impairment after a knee injury during work training. His doctor’s rating relied in part on an ACL tear and surgery that OWCP had not accepted as related to the injury. The Board found the evidence insufficient to establish compensable permanent impairment.

April 10, 2023 ·ECAB
Affirmed
COMM

E.B. and Department of Homeland Security, Transportation Security Administration, Tampa, FL

Board upholds reduced compensation based on work capacity (ECAB 22-1053)

E.B. could not return to her transportation security officer job after an accepted injury. A second opinion physician found she could perform sedentary or light duties. The Board upheld OWCP’s calculation using a constructed information clerk position and the resulting reduction effective June 14…

April 10, 2023 ·ECAB
Affirmed
COMM

S.T. and Department of the Army, McAlester Army Ammunition Plant, McAlester, OK

Board affirms late reconsideration and hearing denials (ECAB 22-1019)

S.T. challenged an OWCP decision after the one year reconsideration period. The Board found her submission did not show clear error. Because she had previously requested reconsideration of the same decision, OWCP also properly declined an oral hearing.

April 10, 2023 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Franklin Post Office, Franklin, TN

Board upholds end of shoulder injury benefits (ECAB 22-0300)

A.M. had received benefits after a pallet struck his shoulder during postal work. The Board found OWCP met its burden to end benefits based on the medical record. A.M. also did not establish continuing work related disability or residuals after the termination date.

April 10, 2023 ·ECAB
Affirmed
COMM

M.H. and Department of Commerce, Census Bureau, Greenville, MS

Board remands Census worker wage loss claim (ECAB 21-0919)

M.H. sought intermittent wage loss compensation from October 2018 through May 2019 after an accepted shoulder injury. OWCP denied benefits for a period in 2020 instead. The Board required findings and reasons addressing the dates she claimed and the supporting evidence.

April 10, 2023 ·ECAB
Remanded
COMM

Michael Mosley v. General Dynamics Land Systems/Force Protection, Incorporated and Allied World Assurance Company

Mosley v. General Dynamics Land Systems (BRB 22-0186): default judgment review remanded

Michael Mosley sought Defense Base Act benefits for psychological injuries allegedly sustained while working in Afghanistan and Iraq. An administrative law judge entered a default judgment after General Dynamics did not follow discovery orders. The company said notices had been sent to an…

April 7, 2023 ·BRB
Remanded
COMM

Betty Jean Dorton v. Island Creek Coal Company

Dorton v. Island Creek Coal (BRB 22-0090 BLA): survivor benefits award affirmed

Betty Jean Dorton sought survivor benefits after her husband, a coal miner with twenty-four years of mine work, died. A judge found that his chronic obstructive pulmonary disease was caused in part by coal mine dust exposure and that pneumoconiosis contributed to his death. Island Creek Coal…

April 7, 2023 ·BRB
Affirmed
COMM

Mark Anthony Howard v. Rockspring Development, Incorporated

Howard v. Rockspring Development (BRB 22-0039 BLA): black lung benefits award affirmed

Mark Anthony Howard worked at least fifteen years in underground coal mines. A judge found that his respiratory impairment prevented him from doing his heavy manual mine work, triggering a presumption that he was totally disabled due to pneumoconiosis. Rockspring Development challenged that…

April 7, 2023 ·BRB
Affirmed
COMM

Randall S. Fletcher v. Capital Coal Corporation

Fletcher v. Capital Coal (BRB 21-0625 BLA): complicated pneumoconiosis award affirmed

Randall Fletcher had thirty-five years of coal mine work. A judge found that x-rays and a medical opinion established complicated pneumoconiosis arising from that work, giving Fletcher the irrebuttable presumption of total disability due to pneumoconiosis. Capital Coal argued that the judge had…

April 7, 2023 ·BRB
Affirmed
COMM

Ferrel F. Boyd v. Clinchfield Coal Company and Pittston Company

Boyd v. Clinchfield Coal (BRB 21-0592 BLA): complicated pneumoconiosis award affirmed

Ferrel Boyd had more than thirty-nine years of coal mine work. A judge found that x-rays and a medical opinion established complicated pneumoconiosis arising from that work, giving Boyd the irrebuttable presumption of total disability due to pneumoconiosis. Clinchfield Coal argued that the judge…

April 7, 2023 ·BRB
Affirmed
COMM

Jerry Crusenberry v. Powell Mountain Coal Company, Incorporated and Progress Fuels/Duke Energy

Crusenberry v. Powell Mountain Coal (BRB 21-0489 BLA): benefits award vacated for lung-test review

Jerry Crusenberry received black lung benefits on a subsequent claim without relying on the fifteen-year presumption, because the judge found only 9.37 years of underground mine work. The Board upheld the finding that he had legal pneumoconiosis. But it found that the judge had not properly…

April 7, 2023 ·BRB
Remanded
COMM

F.N. and U.S. Postal Service, Southside Annex, Lebanon, TN

Board affirms denial of vehicle injury claim (ECAB 23-0071)

F.N. reported shoulder and neck symptoms after a vehicle rear ended him during postal work. A medical form listed cervical radiculopathy and checked a causation box, while diagnostic tests described spinal findings. The Board found the record lacked a reasoned medical opinion tying a condition to…

April 7, 2023 ·ECAB
Affirmed
COMM

C.C. and U.S. Postal Service, Post Office, Tampa, FL

Board affirms denial of carrier back injury claim (ECAB 22-1311)

C.C. reported back symptoms after moving a large box from a postal truck. A physician diagnosed lumbar conditions but did not specifically explain their cause in relation to the November 2021 incident. The Board found the medical evidence insufficient to establish the required causal link.

April 7, 2023 ·ECAB
Affirmed
COMM

B.B. and U.S. Postal Service, Processing and Distribution Center, Rochester, NY

Board remands shoulder impairment rating (ECAB 22-1230)

B.B. sought a greater schedule award after a work related shoulder injury. The range of motion evaluation did not include the required three independent measurements. The Board directed OWCP to obtain a second opinion assessment and issue a new decision.

April 7, 2023 ·ECAB
Remanded
COMM

M.M. and U.S. Postal Service, Post Office, San Diego, CA

Board affirms denial of late claim reconsideration (ECAB 22-1204)

M.M. sought further review of a postal occupational disease claim involving shoulder and knee symptoms. OWCP received the request in April 2022, over a year after the March 2020 merits decision. The Board found no clear evidence of error warranting review despite the late filing.

April 7, 2023 ·ECAB
Affirmed
COMM

T.J. and U.S. Postal Service, Ozone Park Carrier Annex, Brooklyn, NY

Board affirms denial of late reconsideration request (ECAB 22-1159)

T.J. sought reconsideration of a postal injury claim arising from lifting mail into a vehicle. OWCP received the request more than one year after the last relevant merits decision. The Board found that her submission did not meet the stricter clear error standard for a late request.

April 7, 2023 ·ECAB
Affirmed
COMM

S.F. and U.S. Postal Service, Richmond Processing and Distribution Center, Richmond, VA

Board upholds overpayment and recovery plan (ECAB 22-1158)

S.F. received FECA wage loss benefits and Social Security retirement benefits attributable to federal service for the same period. Although the Board found she was without fault, it upheld OWCP’s waiver denial and deductions of $112.71 from compensation every 28 days.

April 7, 2023 ·ECAB
Affirmed
COMM

G.P. and U.S. Postal Service, Brookhollow Station, Dallas, TX

Board remands cervical claim expansion dispute (ECAB 21-0095)

G.P. sought to add cervical conditions after a fall at work and requested a cervical injection. The Board found his doctor’s report did not itself prove the additional conditions were work related, but it raised a supported inference of a link. OWCP must seek a specialist opinion and issue a new…

April 7, 2023 ·ECAB
Remanded
ALJ

Secretary of Labor obo Ronald D. Collins v. Next Endeavor Ventures, LLC

Temporary reinstatement granted

Ronald Collins, a foreman at Next Endeavor Ventures' surface mine, raised concerns about accident reporting, preshift records, employee drug testing and credentials, miner training, and other safety requirements. He testified that supervisor Wilk Renfroe became angry when Collins insisted on…

April 6, 2023 ·William B. Moran ·FMSHRC
Procedural

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.