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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
William W. Wolfgang v. Barren Coal Company, Incorporated and American Business & Mercantile Insurance Mutual, Incorporated
Wolfgang v. Barren Coal (BRB 22-0113 BLA): complicated pneumoconiosis award affirmed
William Wolfgang filed a later black lung claim after a prior claim was denied. Following an earlier Board remand, a judge found that x-rays showing large opacities in both lungs established complicated pneumoconiosis arising from his coal mine work. Barren Coal challenged the judge's authority and…
Robert L. Williams v. M.T.C. East d/b/a Ports America, Incorporated and Ports Insurance Company, Incorporated
Williams v. M.T.C. East (BRB 22-0065): hearing-loss award vacated for lack of explanation
Robert Williams claimed hearing-loss benefits after working for M.T.C. East, doing business as Ports America. Two audiograms measured different levels of impairment. An administrative law judge averaged the results and awarded benefits without holding the planned hearing. The employer argued that…
Charles H. Speck v. Fox Knob Coal Company, Incorporated
Speck v. Fox Knob Coal (BRB 21-0560 BLA): black lung benefits award affirmed
Charles Speck worked both underground and at surface coal mines. After an earlier remand, a judge found 28.76 years of qualifying mine work and a totally disabling respiratory impairment. Fox Knob Coal disputed the qualifying years and challenged the judge's choice among pulmonary function studies…
James Daugherty v. Colquest Energy
Daugherty v. Colquest Energy (BRB 21-0554 BLA): black lung benefits award affirmed
James Daugherty worked 13.37 years in coal mines and could not use the Act's fifteen-year presumption. A judge found that coal dust contributed to his chronic obstructive lung disease and that he was totally disabled by it. Colquest Energy challenged the judge's appointment and the medical…
Fagan v. Department of the Navy
Environmental subpoena issue accepted for interlocutory review
Shannon Fagan sought subpoenas for former Navy coworkers in an environmental whistleblower case, but the administrative judge ruled that neither CERCLA nor the Safe Drinking Water Act authorized them. The judge certified the legal question for interlocutory review under 28 U.S.C. § 1292(b). The…
A.S. and Department of Veterans Affairs, Bruce W. Carter VA Medical Center, Miami, FL
Board affirms injury and written review denials (ECAB 22-1227)
A.S. sought benefits for conditions she attributed to a March 2022 workplace incident. The Board found no adequate medical link between a diagnosed condition and that event. Her request for written record review arrived just after the 30 day period, and OWCP reasonably declined discretionary review.
J.P. and U.S. Postal Service, Post Office, San Francisco, CA
Board upholds abandoned oral hearing finding (ECAB 22-1225)
J.P. requested a hearing after OWCP denied a recurrence claim. OWCP sent hearing notice to his address of record, but he did not call in. He also did not provide an explanation within 10 days, so the Board upheld the abandonment finding.
L.E. and U.S. Postal Service, Birmingham Post Office, Birmingham, AL
Board reverses life insurance premium debts (ECAB 22-1060)
OWCP assessed debts for basic, optional, and post retirement basic life insurance premiums it said had been under deducted. The Board found no signed coverage election in the record establishing the required basis for those charges. It reversed the overpayment decision.
D.S. and Department of Defense, Defense Commissary Agency, McGuire Air Force Base, NJ
Board affirms denial of knee condition claim (ECAB 22-1039)
D.S. sought coverage for a left knee meniscus tear after a 2017 incident at the commissary. A physician later described how a twisting motion could produce that tear. The Board found the report insufficient to establish that the accepted incident caused his diagnosed condition.
L.B. and Department of the Army, Army Field Support Battalion, Fort Stewart, GA
Board upholds 15 percent arm impairment award (ECAB 22-1031)
L.B. sought additional compensation for permanent left upper extremity impairment. One medical rating lacked the required repeated range of motion measurements, limiting its weight. The Board upheld OWCP’s 15 percent determination under the applicable impairment guides.
K.D. and Department of the Army, Medical Command Fort Bliss, Fort Bliss, TX
Board reverses benefits termination and remands leave claim (ECAB 22-1013)
OWCP had not proved that K.D.’s accepted cervical aggravation had resolved, so the Board reversed termination of wage loss and medical benefits. OWCP also had not adequately developed her request for compensation while she used leave from June 2016 through June 2020. The Board directed further work…
W.S. and U.S. Postal Service, Brooklyn Processing and Distribution Center, Brooklyn, NY
Board remands postal driver spine injury claim (ECAB 22-0777)
W.S. reported neck and back injuries after his postal truck hit a deep pothole. His physician explained a possible link between the jolt, cervical problems, and aggravation of an older low back condition. The Board required OWCP to obtain a specialist opinion and issue a new decision.
Raymond – San Diego, Inc.
Gate-inspection and hazard-training citations vacated
Raymond employees were preparing to paint a large sliding gate at a California casino when one 3,000-pound panel moved beyond the roller guide holding it upright and fell, causing fatal injuries to an employee. Another subcontractor had installed the gate, its motor was not yet installed, and…
First Marine, LLC
Shipyard training violation reduced to serious
First Marine operated a Kentucky shipyard where employees and subcontractors were repairing a towboat. Workers smelled gas but continued work without atmospheric testing, and an explosion later killed three workers and injured several others. The only item on Commission review alleged that First…
Michael R. Addair v. Brooks Run South Mining Company, LLC
Addair v. Brooks Run South Mining (BRB 21-0607 BLA): mine-work calculation remanded
Michael Addair received black lung benefits after a judge found 16.47 years of qualifying coal mine work and a totally disabling respiratory impairment. Brooks Run South Mining challenged the work-years calculation. The judge had converted yearly earnings into estimated workdays and credited a full…
C.G. and U.S. Postal Service, Post Office, Austin, TX
Board affirms denial of postal worker disability period (ECAB 23-0079)
C.G. sought disability compensation after an accepted leg and back injury from postal work. Her physician described foot and ankle conditions and sought claim expansion, but did not address whether she was unable to work during the claimed months. The Board upheld the disability denial.
R.T. and Department of Veterans Affairs, William Jennings Bryan Dorn VA Medical Center, Columbia, SC
Board orders merits review of typing injury claim (ECAB 22-1305)
R.T. reported hand and arm symptoms from repeated computer typing at VA work. A doctor later diagnosed bilateral carpal tunnel syndrome and de Quervain’s tenosynovitis and discussed the work connection. The Board found this new relevant evidence entitled her to a merits review by OWCP.
I.H. and Department of Veterans Affairs, Bruce W. Carter VA Medical Center, Miami, FL
Board affirms denial of finger schedule award (ECAB 22-1265)
I.H. sought a permanent impairment award after a left index finger injury from VA work. OWCP requested an evaluation under the applicable impairment guides, but none was submitted. Earlier treatment records did not establish a ratable permanent impairment, so the Board upheld the denial.
G.R. and U.S. Postal Service, Santa Cruz Post Office, Santa Cruz, CA
Board remands postal worker shoulder claim (ECAB 22-1163)
G.R. reported neck, shoulder, and arm symptoms after pulling a package from a postal vehicle. His doctor described how reaching for the package could affect the cervical spine and shoulder, citing examination and imaging findings. The Board required OWCP to develop the evidence and issue a new…
S.C. and Department of the Navy, Naval Facilities Engineering Command, San Diego, CA
Board affirms late hearing loss reconsideration denial (ECAB 22-1148)
S.C. sought review of a hearing loss claim tied to decades of noise exposure during Navy work. OWCP received the reconsideration request more than a year after the latest merits decision. The Board found that the material he submitted did not meet the clear error standard for a late request.
R.C. and Department of the Air Force, Edwards Air Force Base, CA
Board remands Air Force foot condition claim (ECAB 22-1133)
R.C. sought to add a left foot condition after an accepted injury during a physical ability test. His doctor explained how the test could have stressed the foot ligaments and caused a sprain or strain. The Board directed OWCP to develop the medical evidence and decide the expansion claim again.
T.H. and U.S. Postal Service, Dominick V. Daniels Processing and Distribution Center, Kearney, NJ
Board remands shoulder tear claim (ECAB 22-1069)
T.H. reported a left shoulder injury while lifting mail trays and pushing full containers at work. Her doctor diagnosed shoulder conditions and discussed the employment incident. The Board found the reports warranted more development before OWCP decided whether a rotator cuff tear was work related.
J.S. and U.S. Air Force, Reserve Officers’ Training Corps, Cleveland, OH
Board upholds termination of ankle benefits (ECAB 22-1388)
J.S. received benefits for an accepted right Achilles condition during Air Force training. A physician documented normal ankle findings and no meaningful activity limits. The Board found this evidence sufficient to support the June 22, 2022 termination of compensation for that condition.
A.R. and U.S. Postal Service, Post Office, Cleveland, OH
Board upholds suspension for missed medical examination (ECAB 22-1381)
OWCP scheduled A.R. for a medical examination needed to evaluate her benefits. The Board found that she did not attend and upheld suspension effective July 19, 2022. Her later reconsideration request did not satisfy the rule for a merits review.
L.R. and U.S. Postal Service, Boardwalk Post Office, Saginaw, MI
Board affirms injury and reconsideration denials (ECAB 22-1310)
L.R. appealed two OWCP decisions involving an April 2022 workplace incident. The Board found the evidence insufficient to establish a diagnosed medical condition in connection with that incident. The later reconsideration submission also did not provide a qualifying new basis for merits review.
K.K. and U.S. Postal Service, Barnegat Post Office, Barnegat, NJ
Board remands carrier shoulder condition claim (ECAB 22-0909)
K.K. sought to establish right shoulder conditions after catching herself during a stumble at work. Her doctor described the biomechanics of the outstretched arm and shoulder injury. The Board found the opinion warranted a specialist review before OWCP decided the causal link.
S.L. and U.S. Postal Service, Hyannis Post Office, Hyannis, MA
Board upholds 46 percent left leg rating (ECAB 22-0613)
S.L. sought an increased impairment award after a long standing work related knee injury. The Board evaluated the medical ratings under the applicable guides and upheld the 46 percent left lower extremity finding. The record did not establish a greater permanent impairment percentage.
S.G. and U.S. Postal Service, Ansonia Station Post Office, New York, NY
Board remands carrier knee injury claim (ECAB 22-0330)
S.G. reported knee instability while walking at work. Her physician explained how that instability could put stress on the meniscus and produce the diagnosed tear. The Board found the reports did not conclusively prove the claim but required OWCP to develop the medical evidence further.
L.S. and Department of Veterans Affairs, Tibor Rubin VA Medical Center, Long Beach, CA
Board remands nurse back claim for correct claim type (ECAB 21-0874)
L.S. reported back symptoms from helping a patient move over multiple shifts at a VA medical center. She filed a traumatic injury form, but her statements described repeated duties over more than one workday. The Board directed OWCP to apply the occupational disease framework and issue a new…
N.C. and Department of Veterans Affairs, VA Northern Indiana Health Care System, Fort Wayne, IN
Board affirms late COVID continuation of pay claim (ECAB 22-1362)
N.C. reported contracting COVID-19 at VA work on July 4, 2022, and filed the injury form on August 8. The Board found that the filing missed the 30 day requirement for continuation of pay. It upheld the denial without deciding any other claimed benefit.
C.C. and U.S. Postal Service, Post Office, San Francisco, CA
Board affirms COVID continuation of pay denial (ECAB 22-1267)
C.C. reported contracting COVID-19 on January 17, 2022, but filed the injury form on April 22. The Board found this too late for continuation of pay. Her later statement repeated information already in the record and did not warrant another merits review.
J.B. and U.S. Postal Service, Pink Hill Post Office, Pink Hill, NC
Board affirms refusal to reopen schedule award claim (ECAB 22-1166)
J.B. had an accepted neck injury from a fall during postal work and later sought a schedule award. In asking OWCP to reconsider its decision, she did not supply a qualifying new legal argument or pertinent medical evidence about permanent impairment. The Board upheld the nonmerit denial.
S.N. and U.S. Postal Service, Post Office, Oklahoma City, OK
Board affirms late hearing denial (ECAB 22-1048)
S.N. requested a hearing about an OWCP decision on his claim expansion request. The hearing request was filed well after the 30 day period for a hearing as of right. The Board found OWCP could instead direct him to reconsideration with new evidence and upheld the denial.
S.F., widow of J.F., and U.S. Postal Service, Post Office, Houma, LA
Board remands deceased worker impairment claim (ECAB 22-0982)
S.F. appealed a determination about permanent impairment from J.F.’s accepted neck and shoulder conditions. One examiner supplied insufficient range of motion measurements, and OWCP did not obtain a clarifying opinion. The Board directed OWCP to evaluate the available records and issue a new…
M.B. and U.S. Postal Service, Post Office, North Metro, GA
Board affirms hand claim expansion and disability denials (ECAB 22-0422)
M.B. sought coverage for additional right hand conditions after an accepted 2020 injury. She also claimed disability beginning December 5, 2020. The Board found the reports did not adequately connect the additional conditions or her work restrictions to the accepted injury.
J.D. and U.S. Postal Service, Post Office, South Lyon, MI
Board shortens forfeiture debt period and remands amount (ECAB 21-0058)
J.D. did not fully report employment activity on benefit disclosure forms. The Board found a forfeiture of compensation from May 2015 through January 2018, rather than the longer period OWCP used. OWCP must recalculate the overpayment, while the Board’s fault ruling prevents waiver.
Billy W. Whited v. Clinchfield Coal Company and Pittston Company
Whited v. Clinchfield Coal (BRB 22-0361 BLA): black lung benefits award affirmed
Billy Whited worked 34.16 years in underground coal mines. A judge found that a respiratory impairment prevented him from doing his usual mine work and applied the fifteen-year presumption of disability due to pneumoconiosis. Clinchfield Coal challenged the disability finding because the objective…
Vinnett v. Exelon Generation
Severance waiver barred monetary ERA recovery
William Vinnett, a nuclear-turbine engineer, alleged retaliation after raising safety concerns and later signed a severance agreement releasing monetary claims against Exelon Generation. The Board held that a pre-filing agreement can defend against an ERA recovery when its terms are fair, adequate…
Administrator, Wage and Hour Div., USDOL v. Washington Farm Labor Association
Joint-employer penalties corrected to $60,487.50
Washington Farm Labor Association filed a master H-2A application as joint employer with Sakuma Brothers Farms and recruited 69 foreign agricultural workers. The Board held that the association's choice and sworn certifications made it a joint employer as a matter of law, and that it could not…
C.C. and U.S. Postal Service, Post Office, Edison, NJ
Board affirms COVID continuation of pay denial (ECAB 22-1322)
C.C. reported contracting COVID-19 after contact with coworkers during postal work on June 27, 2022. He filed the injury form on July 29, after the 30 day filing period for continuation of pay. The Board upheld the denial without ruling on other possible benefits.
C.J. and U.S. Postal Service, Brooklyn Processing and Distribution Center, Brooklyn, NY
Board affirms denial of postal worker leg claim (ECAB 22-1015)
C.J. reported pulling a muscle in his right leg during postal work and later sought coverage for a knee condition. The Board had rejected earlier evidence in a prior appeal. It found the additional medical reports did not establish that the accepted incident caused his claimed condition.
R.M. and Department of Justice, Federal Bureau of Prisons, Federal Medical Center Devens, Devens, MA
Board reverses retirement benefits overpayment (ECAB 22-1003)
R.M. elected Office of Personnel Management retirement benefits effective August 2021, while OWCP continued wage loss payments. The Board found that an election form did not prove retirement payments had begun during the same period. Without proof of overlapping receipt, OWCP had not established a…
S.J. and U.S. Postal Service, Palatine Processing and Distribution Center, Palatine, IL
Board remands impairment award review (ECAB 22-0714)
S.J. sought a permanent impairment award after injuries sustained when a car struck him during postal work. The Board found OWCP needed to clarify the conditions it had accepted and obtain a reasoned medical rating of upper extremity impairment. It remanded for a new decision.
T.F. and U.S. Postal Service, Uptown Post Office, San Bernardino, CA
Board affirms occupational disease and review denials (ECAB 22-0573)
T.F. sought benefits for a condition she attributed to postal work factors. The Board found the medical evidence insufficient to establish a diagnosed condition connected to those factors. Her later submission also did not meet the rule for a new merits review.
P.S. and U.S. Postal Service, Post Office, Cherry Hill, NJ
Board remands disputed knee condition claim (ECAB 22-0358)
P.S. sought coverage for a right knee condition after a 2014 postal work incident. OWCP referred the dispute between his physician and an agency physician to an impartial examiner. The Board found that the examiner’s report needed clarification before OWCP could decide causation.
T.M. and Department of Veterans Affairs, West Los Angeles VA Medical Center, Los Angeles, CA
Board upholds two percent leg ratings (ECAB 21-0677)
T.M. sought larger schedule awards for impairment affecting both legs. The Board reviewed the physician’s measurements and the medical adviser’s analysis under the applicable guides. It found no basis for more than two percent impairment of the left leg or two percent of the right leg.
S.Y. and U.S. Postal Service, Ann Arbor Post Office, Ann Arbor, MI
Board affirms denial of heel disability period (ECAB 20-0347)
S.Y. had an accepted claim for plantar fasciitis linked to long periods of standing and walking in postal work. Her doctor said she could not work during the claimed weeks but did not explain that conclusion with medical reasoning and objective findings. The Board upheld the wage loss denial.
Steve Bussanich v. Marine Terminals Corporation d/b/a Ports America
Bussanich v. Ports America (BRB 22-0071): modification request held timely
Steve Bussanich received some Longshore Act benefits after a workplace head injury, but the original judge denied part of his claim. He appealed that denial through the Ninth Circuit and later requested modification. A second judge dismissed the request as late, counting one year from Bussanich's…
Administrator, Wage and Hour Div., USDOL v. Azzano Farms, Inc.
Farm association held jointly liable for H-2A violations
Washington Farm Labor Association filed a master application with Azzano Farms and identified itself as a joint H-2A employer. The Board held that this election made the association a joint employer as a matter of law and estopped it from accepting master-application benefits while disclaiming the…
H.W. and U.S. Postal Service, Post Office, Burnsville, MN
Board upholds suspension of wage-loss benefits (ECAB 23-0284)
H.W. received wage-loss compensation for an accepted psychological condition. OWCP requested a completed financial disclosure form, but her returned EN-1032 forms remained incomplete after notice of the missing answers. The Board affirmed the September 27, 2022 suspension of her wage-loss benefits.
T.S. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
Board upholds continuation of pay denial (ECAB 22-1117)
T.S. injured her ankle in an August 23, 2021 workplace fall, and OWCP accepted the sprain. She filed her injury form on November 13, 2021, after the 30-day filing period for continuation of pay. The Board affirmed the denial of continuation of pay; the decision did not prevent a separate disability…
D.S. and Department of Homeland Security, Customs and Border Protection, Air and Marine Operations, Jacksonville, FL
Board upholds hearing loss schedule award denial (ECAB 22-1005)
D.S. sought a schedule award for hearing loss related to federal work noise exposure. OWCP had accepted hearing loss and tinnitus, but audiometric testing produced no ratable hearing impairment under the applicable guide. The Board affirmed the denial of a schedule award.
K.D. and U.S. Postal Service, Paterson Post Office, Paterson, NJ
Board upholds denial of claimed disability period (ECAB 22-0862)
K.D. sought wage-loss compensation for an extended period after an accepted shoulder injury. His physician said he could not perform his custodian duties but did not adequately explain how the accepted injury prevented work throughout the claimed dates. The Board affirmed OWCP’s denial of…
P.W. and U.S. Postal Service, Post Office, Houston, TX
Board sends reconsideration request back for explanation (ECAB 21-1101)
P.W. sought reconsideration of the denial of her occupational disease claim for hand and wrist conditions. OWCP denied her later request as untimely and said it did not show clear evidence of error. The Board found that OWCP had not addressed the medical reports submitted with that request or…
R.N. and U.S. Postal Service, Post Office, Phoenix, AZ
Board upholds denial of forearm injury claim (ECAB 21-0884)
R.N. reported left forearm pain after loading mail bundles at work. OWCP accepted that the work incident occurred but denied the injury claim. The Board affirmed because the physician did not explain how lifting the bundles caused or aggravated the diagnosed condition. Reports from physician…
G.F. and Department of the Interior, National Park Service, Sequoia & Kings Canyon National Park, Three Rivers, CA
Board upholds life insurance premium overpayment (ECAB 20-0217)
G.F. received FECA wage-loss compensation after leaving National Park Service employment. OWCP did not deduct basic life insurance premiums for parts of 2015 through 2019, creating a $423.49 overpayment. The Board affirmed the overpayment finding and found that OWCP properly denied a waiver because…
United States Department of Veterans Affairs, VA Roseburg Healthcare System and White City SORCC and American Federation of Government Employees, Local 1042
VA Roseburg and AFGE Local 1042 (FLRA 0-AR-5818): Authority leaves pandemic leave-restoration award in place
VA Roseburg sent some employees home during the COVID-19 pandemic because of symptoms or possible exposure and charged them sick leave, annual leave, or leave without pay. An arbitrator found that the agreement prohibited charging personal leave when an undiagnosed employee was sent home or…
H.Q. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
Board sends overpayment amount back for recalculation (ECAB 22-1101)
H.Q. received total-disability compensation while also earning money from part-time work. The Board agreed that this created an overpayment without fault on his part, but found that OWCP had not correctly addressed the period and amount. It affirmed the overpayment finding in part and remanded for…
J.J. and U.S. Postal Service, Phoenix Post Office, Phoenix, AZ
Board accepts work incident and remands injury claim (ECAB 22-0957)
J.J. reported leg pain after stepping from a postal van while working on November 28, 2021. The Board found that the incident occurred as she described, contrary to OWCP’s decision. It set aside the injury denial and remanded for OWCP to assess whether the incident caused a compensable medical…
C.M. and Department of Homeland Security, Transportation Security Administration, New York Stewart International Airport, New Windsor, NY
Board remands recurrence claim for evidence review (ECAB 22-0229)
C.M. sought benefits for a recurrence of disability after an accepted workplace injury. The Board found that OWCP listed her psychiatric treatment evidence but did not sufficiently analyze it or explain the defect in her claim. It set aside OWCP’s denial and remanded for a new decision that…
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.