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.L. and U.S. Postal Service, Valley Stream Post Office, Valley Stream, NY
Board upholds end of postal carrier's ankle injury benefits (ECAB 22-0161)
A postal city carrier assistant injured her right ankle in a fall at work, and OWCP accepted an ankle sprain and strain. OWCP later ended her wage loss and medical benefits. The Board upheld that decision because a second opinion examination found the accepted injuries had resolved and she could…
F.S. and Department of Justice, Federal Bureau of Prisons, Coleman Federal Correctional Complex, Coleman, FL
Board returns prison officer's knee claim for causation decision (ECAB 21-1040)
A federal corrections officer said long shifts and frequent stair climbing aggravated her left knee after a change in assignment. OWCP denied the occupational disease claim because it found the work factors unproven. The Board found her description consistent with the record and unrefuted by the…
M.C. and U.S. Postal Service, Tacony Post Office, Philadelphia, PA
Board upholds one percent leg impairment award for postal carrier (ECAB 21-0654)
A postal mail carrier with accepted left foot plantar fasciitis sought a larger schedule award than the one percent left leg award he received. His physician calculated two percent impairment, but OWCP's medical adviser excluded a functional history modifier that differed too much from the clinical…
N.O. and U.S. Postal Service, Quincy Post Office, Quincy, IL
Board dismisses postal worker's appeal because no adverse decision was issued (ECAB 20-0478)
A postal worker appealed after OWCP issued two decisions on October 3, 2019. One vacated an earlier denial and found a right knee condition accepted; the other formally accepted that condition. The Board dismissed the appeal because neither decision was adverse to the worker, and the record…
Secretary of Labor v. Omya, Inc.
Mistaken payment did not erase intent to contest
Omya had filed notices contesting the underlying citations before MSHA issued the proposed assessment. A shipping manager later received a combined invoice and mistakenly paid the penalties while believing the earlier notices had preserved the company's contest rights. The Secretary did not oppose…
Ray L. Hale v. Three H Coal Company and Old Republic Insurance Company
Hale v. Three H Coal (BRB 22-0030): responsible operator finding affirmed
Three H Coal withdrew its opposition to Ray Hale's entitlement to Black Lung benefits but contested being the employer responsible for payment. It argued that a later employer and state insurance funds should bear the cost. The Board held that the later employer's insolvent self-insurance…
C.B. and U.S. Postal Service, North Kenner Post Office, Kenner, LA
Board upholds denial of late hearing requests in postal worker's claim (ECAB 23-0178)
A postal custodial worker had an accepted anxiety claim and later sought disability compensation for a further period. OWCP denied that compensation claim on May 12, 2022. The worker requested oral hearings on June 29 and July 25, after the 30-day deadline for a hearing as of right. The Board…
T.W. and U.S. Postal Service, Rincon Post Office, Rincon, GA
Board denies postal carrier's later wage loss claim for lack of medical proof (ECAB 22-0790)
A postal rural carrier associate had an accepted right hand and wrist injury and returned to full duty in August 2021. She later stopped work and claimed wage loss beginning September 22, 2021. The Board upheld OWCP's denial because the submitted imaging and treatment paperwork did not include a…
M.C. and Department of Veterans Affairs, Pittsburgh VA Medical Center, University Drive, Pittsburgh, PA
Board denies VA nurse's continuation of pay after late COVID claim (ECAB 22-0785)
A VA nurse reported contracting COVID-19 after exposure to operating room patients on December 2, 2021. She filed the required injury form on January 19, 2022, more than 30 days after her last workplace exposure. The Board upheld OWCP's denial of continuation of pay because the form missed FECA's…
P.Y. and U.S. Postal Service, Post Office, Marshfield, MA
Board upholds denial of waiver for postal worker's $2,718.72 overpayment (ECAB 22-0598)
A postal letter carrier continued receiving wage loss benefits after OWCP terminated them. An earlier Board decision found him without fault for the first $2,718.72 payment and returned the waiver question to OWCP. The Board upheld OWCP's later waiver denial because his reported $16,300 in assets…
R.S. and U.S. Capitol Police, Washington, DC
Board upholds denial of Capitol Police officer's knee claim and late hearing request (ECAB 22-0381)
A Capitol Police officer reported right knee pain and swelling after stepping off a motorcycle during training to avoid a fall. OWCP accepted that the incident happened but denied the injury claim because the record contained no medical diagnosis. The Board upheld that denial because a treatment…
D.P. and Department of Veterans Affairs, Tibor Rubin VA Medical Center, Long Beach, CA
Board finds VA work therapy housekeeper covered by FECA and returns injury claim (ECAB 21-1017)
A VA housekeeper in a compensated work therapy program claimed a right shoulder injury from cleaning duties. OWCP denied her claim on the ground that she was not a federal employee when the incident allegedly occurred. The Board held that FECA covered her service because VA was authorized to use it…
L.D. and Department of the Air Force, Peterson Air Force Base, Colorado Springs, CO
Board returns Air Force worker's insurance premium overpayment for recalculation (ECAB 20-1344)
An Air Force contracting officer received FECA compensation while OWCP improperly deducted federal life insurance premiums from 2003 through 2010. Earlier Board decisions established that an overpayment existed but repeatedly asked OWCP to explain the amount. The Board again set aside OWCP's…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Mendota, California and American Federation of Government Employees, Local 1237, Council of Prison Locals 33
FCI Mendota and AFGE Local 1237 (FLRA 0-AR-5833): Authority preserves official-time and FLSA remedies
FCI Mendota approved only eight of forty official-time hours requested by the local union president. An arbitrator found the reduction unreasonable and concluded that it caused the employee to perform more than two hours of representational work beyond his paid forty-hour week. The award provided…
American Federation of Government Employees, Local 3184 and Social Security Administration
AFGE Local 3184 and Social Security Administration (FLRA 0-AR-5814): Authority remands attorney-fee award
An arbitrator overturned a Social Security Administration employee's three-day suspension and awarded attorney fees, but limited fees to $1,200 based on what he thought was an agency-authorized cap. The record showed that the document was only a purchase order for the arbitrator's services and did…
United States Department of Veterans Affairs, Robley Rex Medical Center and American Federation of Government Employees, Local 1133
Robley Rex Medical Center and AFGE Local 1133 (FLRA 0-AR-5794): Authority vacates low-hazard microorganism differential
Housekeepers at the Robley Rex Medical Center sought environmental-differential pay for exposure to microorganisms. An arbitrator denied the 8% high-hazard differential after finding that protective equipment and training practically eliminated injury risk, but awarded the 4% low-hazard…
Carter H. Wilson v. Clinchfield Coal Company
Wilson v. Clinchfield Coal (BRB 22-0340): Black Lung award affirmed
Carter Wilson's son pursued his father's Black Lung claim after Wilson died. The judge found more than 20 years of underground mine work and a totally disabling breathing impairment, triggering the statutory presumption. Clinchfield Coal argued that its doctors had ruled out coal dust as a cause of…
Terry Walden v. Peabody Bear Run Services, LLC
Walden v. Peabody Bear Run (BRB 22-0210): disability denial vacated and reassigned
Terry Walden sought Black Lung benefits after at least 25 years of qualifying mine work. On an earlier remand, the judge again denied benefits because he found that doctors' opinions did not establish total respiratory disability. The Board held that the judge repeated its earlier identified error…
John Osborne v. Eagle Coal Company, Incorporated and Security Insurance Company of Hartford
Osborne v. Eagle Coal (BRB 22-0202): Black Lung award affirmed
John Osborne's Black Lung claim returned to the Board after two earlier remands. The judge found 15.26 years of qualifying coal mine work and a totally disabling respiratory impairment, triggering the statutory presumption. Eagle Coal challenged both findings. The Board upheld the work-year…
Lee E. Pack v. Eastern Associated Coal Company and Peabody Energy Corporation
Pack v. Eastern Associated Coal (BRB 21-0255): Black Lung award affirmed
Lee Pack's claim concerned coal mine work in West Virginia. The judge found that his years of underground work and disabling respiratory impairment triggered the statutory presumption that he was disabled by pneumoconiosis. Eastern Associated Coal and Peabody Energy challenged the disability…
OFCCP, USDOL v. WMS Solutions, LLC
Discrimination relief expanded to back pay, interest, and hiring
WMS Solutions supplied demolition, lead, and asbestos-mitigation labor on a federal construction project. Liability had been established for favoring Hispanic laborers in hiring, discriminating against women and non-Hispanic workers in assignments and pay, and failing to maintain a workplace free…
C.M. and Department of the Army, Installation Management Command, Fort Carson, CO
Board dismisses Army worker's appeal because no OWCP decision was identified (ECAB 22-1249)
An Army worker appealed from what she described as a July 29, 2022 OWCP decision. The record instead contained a Board order of that date and no final adverse OWCP decision issued within the Board's review period. The Board dismissed the appeal for lack of jurisdiction. It said her filing might…
P.D. and U.S. Postal Service, Collinwood Post Office, Cleveland, OH
Board rejects expansion of postal carrier's claim to include knee osteoarthritis (ECAB 22-1091)
A postal mail carrier had an accepted right leg strain and nerve lesion and sought to add aggravation of right knee osteoarthritis to the claim. The Board found a second opinion physician's explanation that the arthritis followed its natural progression more persuasive than the treating physician's…
A.P. and Department of Veterans Affairs, Corporal Michael J. Crescenz VA Medical Center, Philadelphia, PA
Board upholds denial of VA technician's injury claim after parking lot collision (ECAB 22-1084)
A VA medical technician reported head, neck, and back symptoms after her vehicle was rear ended near the workplace exit. OWCP accepted the incident as work related but denied the injury claim. The Board upheld the denial because imaging did not connect a diagnosed condition to the incident, and the…
N.O. and U.S. Postal Service, Post Office, Merrifield, VA
Board upholds denial of postal worker's later back disability claim (ECAB 22-0644)
A postal carrier technician had an accepted lower back injury after slipping at work. He later stopped working and sought wage loss compensation beginning May 17, 2021. The Board upheld OWCP's denial because his physician recommended leave without explaining why the accepted injury prevented work…
A.P. and Department of Homeland Security, Immigration & Customs Enforcement, New York, NY
Board returns ICE agent's off duty injury claim for review of agency policies (ECAB 22-0491)
An ICE special agent was injured while intervening in a late night confrontation near his home after a man threatened his daughter and her friend. OWCP denied the claim because the incident occurred off duty and away from work. The Board found the record incomplete: the agency said the agent had…
K.E. and U.S. Postal Service, Arcadia Post Office, Phoenix, AZ
Board recognizes postal worker's mail delivery incident and returns injury claim (ECAB 22-0110)
A postal carrier assistant reported sudden right upper arm pain while pulling mail from his bag to deliver it. OWCP denied the claim because it found the March 31, 2020 incident unproven. The Board found his account consistent with his supervisor's confirmation and medical records made near the…
S.S. and U.S. Postal Service, Post Office, Milwaukee, WI
Board returns postal carrier's knee claim for review with earlier injury file (ECAB 21-1407)
A postal city carrier claimed a left knee and lower back injury after slipping on a ramp. OWCP accepted that the incident occurred but denied the claim for insufficient proof of medical causation. The Board found that he also had an earlier accepted left knee sprain claim. It set aside the denial…
Betty Greathouse, on behalf of Gary Dale Greathouse v. Old Ben Coal Company and Travelers Insurance Company
Greathouse v. Old Ben Coal (BRB 21-0326): Black Lung award affirmed
Betty Greathouse pursued her late husband's Black Lung claim against Old Ben Coal and its surety. The judge credited 29.18 years of underground mine work and found a totally disabling respiratory impairment, invoking the statutory presumption that the disability was due to pneumoconiosis. The Board…
Susan C. Folden, on behalf of and widow of David A. Folden, Sr. v. Slab Fork Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund
Folden v. Slab Fork Coal (BRB 20-0528, 20-0529): benefit claims remanded
David Folden's widow pursued his Black Lung claim and her separate survivor's claim against Slab Fork Coal and its carrier. The Board found that the judge improperly treated x-ray findings as proof of both clinical and legal pneumoconiosis, failed to weigh certain treatment x-rays, and again…
Susan C. Folden, on behalf of and widow of David A. Folden, Sr. v. Slab Fork Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund
Folden v. Slab Fork Coal (BRB 20-0528, 20-0529): benefit claims remanded
David Folden's widow pursued his Black Lung claim and her separate survivor's claim against Slab Fork Coal and its carrier. The Board found that the judge improperly treated x-ray findings as proof of both clinical and legal pneumoconiosis, failed to weigh certain treatment x-rays, and again…
C.J. and Department of Veterans Affairs, Kansas City VA Medical Center, Kansas City, MO
Board returns VA cook's carpal tunnel claim for review with earlier wrist injury (ECAB 23-0109)
A VA cook claimed carpal tunnel syndrome from years of lifting, pushing food carts, washing dishes, and cooking. He also had an earlier accepted right wrist and ring finger injury. OWCP denied the carpal tunnel claim and later refused reconsideration. The Board set aside those decisions because…
J.H. and U.S. Postal Service, North Metro Processing & Distribution Center, Duluth, GA
Board recognizes postal clerk's stairway fall and returns injury claim (ECAB 22-1113)
A postal distribution clerk said she lost her balance and fell on a workplace stairway, bruising her right forearm and knee. OWCP denied the claim because it found the incident unproven. The Board found that her account was consistent with her report to a supervisor and the history she gave medical…
D.P. and U.S. Postal Service, Warren Post Office, Warren, MI
Board upholds refusal to reopen postal worker's ankle benefit case (ECAB 22-0840)
A postal city carrier assistant had an accepted right ankle injury, but OWCP later terminated wage loss and medical benefits. He sought reconsideration after the termination was upheld. The Board found that the submitted physician forms repeated evidence already in the record and offered no new…
S.E. and U.S. Postal Service, Pleasant Ridge Annex, Greensboro, NC
Board upholds denial of postal carrier's claimed tire change injury (ECAB 22-0537)
A postal rural carrier claimed a back injury while changing a flat tire on his route. The Board upheld OWCP's denial because his account did not sufficiently describe how and when the incident occurred, and he did not provide the detailed response OWCP requested. Medical histories also referred to…
D.N. and Department of the Navy, Waterfront Services Division, Kings Bay, GA
Board returns Navy painter's shoulder claim for clarification of injury type (ECAB 22-0377)
A Navy painter reported shoulder and arm problems from pressure washing and other demanding painting duties. OWCP denied the claim after changing its reason for denial to uncertainty about whether the injury arose in one shift or over time. The Board found that OWCP had not asked the worker to…
A.J. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX
Board upholds late filing finding but returns postal worker's reconsideration request (ECAB 22-0186)
A postal rural carrier asked OWCP to reconsider a wage loss denial more than one year after its last merits decision. The Board agreed that the request was untimely, so it required a showing of clear evidence of error. But OWCP's denial gave no real explanation and did not address medical reports…
K.N. and U.S. Postal Service, Post Office, Vancouver, WA
Board orders merit review of postal carrier's knee arthritis claim (ECAB 22-0104)
A postal letter carrier sought compensation for knee osteoarthritis allegedly worsened by years of mail delivery duties. OWCP refused to reopen her claim for merit review. The Board found that a physician's new addendum explained how repetitive work demands might have worsened preexisting arthritis…
T.F. and Department of the Navy, Bureau of Medicine and Surgery Stations, Patuxent, MD
Board returns Navy worker's impairment awards for clarification by original examiner (ECAB 21-1418)
A Navy financial technician disputed the permanent impairment ratings for her left arm and leg after a workplace fall. The first impartial examiner used the wrong edition of the impairment guide, but OWCP sent her to a second examiner without first seeking clarification from him. The Board excluded…
L.R. and U.S. Postal Service, Post Office, Chicago, IL
Board returns postal worker's arm impairment awards for medical clarification (ECAB 21-1312)
A postal letter carrier sought greater permanent impairment awards for both arms. An impartial examiner rated the left shoulder using measurements that differed between his chart and written report. He also rated the accepted cervical condition as a whole person impairment without assessing whether…
J.R. and U.S. Postal Service, Fresno Processing & Distribution Center, Fresno, CA
Board reverses postal worker's life insurance premium overpayment (ECAB 21-1290)
A retired postal mail handler disputed an overpayment for federal life insurance premiums deducted from his workers' compensation benefits. OWCP found that it had failed to deduct $24,738.14 and sought repayment. The worker's signed insurance election form did not state when the coverage took…
V.A. and U.S. Postal Service, Post Office, Fredericksburg, VA
Board upholds denial of postal worker's ulnar nerve claim and surgery (ECAB 21-1023)
A postal letter carrier asked OWCP to recognize a right ulnar nerve condition as related to her accepted hand and wrist injury and to cover surgery at the elbow and wrist. Her surgeon said a connection was possible but could not attribute the condition to the work injury. An OWCP medical adviser…
H.J. and Department of Veterans Affairs, Western New York Healthcare System, Buffalo, NY
Board grants part of nursing assistant's COVID-19 disability claim (ECAB 21-0665)
A Veterans Affairs nursing assistant sought wage loss compensation after OWCP accepted her work-related COVID-19 claim. Medical records showed that she was hospitalized for the illness from November 12 through 20, 2020. The Board found those records sufficient to establish disability during the…
B.W. and U.S. Postal Service, Half Moon Bay Post Office, Half Moon Bay, CA
Board upholds denial of postal worker's added conditions and wage loss claim (ECAB 21-0536)
A postal city carrier assistant sought acceptance of additional conditions after a 2018 fall at work and claimed wage loss for part of 2019. His medical reports described diagnoses but did not explain how the additional conditions resulted from the accepted injury. The reports also did not address…
C.F., widow of S.F. and Department of Homeland Security, Customs and Border Protection, Los Angeles, CA
Board returns inspector's left leg impairment claim for corrected medical review (ECAB 20-0430)
The widow of a Customs and Border Protection inspector challenged OWCP's denial of a schedule award for his left leg. OWCP had accepted a left knee meniscus tear after a work fall. Its statement of accepted facts for the medical adviser instead described temporary aggravation of other knee…
American Federation of Government Employees, Local 32 and United States Office of Personnel Management
AFGE Local 32 and Office of Personnel Management (FLRA 0-NG-3611): Authority requires bargaining over interim maximum telework
AFGE Local 32 proposed keeping about 700 Office of Personnel Management employees on maximum telework until the parties completed bargaining over returning to physical worksites. OPM broadly alleged that the proposal was nonnegotiable but filed its detailed statement after the statutory deadline…
Moses Katenture v. Constellis Group/Triple Canopy, Incorporated and Continental Insurance Company
Katenture v. Triple Canopy (BRB 22-0070): Defense Base Act denial affirmed
Moses Katenture worked as an armed security guard in Iraq and later claimed work-related hearing loss and psychological injury. The judge initially applied the statutory presumption connecting the claimed conditions to his work, then found that the employer's medical evidence rebutted it. The Board…
Harold J. Wilkes v. Warrior Met Coal, LLC, formerly Jim Walter Resources
Wilkes v. Warrior Met Coal (BRB 22-0034): Black Lung award affirmed
Harold Wilkes worked underground in Alabama coal mines for 24 years. The judge found that a qualifying exercise blood gas study established a totally disabling respiratory impairment, triggering the statutory presumption that his disability was due to pneumoconiosis. Warrior Met Coal argued that…
Justine Bailey v. Ronnie Ison Trucking and Kentucky Employers' Mutual Insurance
Bailey v. Ronnie Ison Trucking (BRB 21-0308): survivor's augmented benefits affirmed
Justine Bailey received Black Lung survivor's benefits after her husband, James Bailey, died while his miner's claim was pending. The dispute was whether those benefits could be increased for her disabled adult stepson, Anthony Bailey. The Board rejected the employer's claim that an earlier…
J.M. and Department of Homeland Security, U.S. Customs and Border Protection, Miami, FL
Board upholds denial of continuation of pay for late COVID-19 notice (ECAB 23-0018)
A Customs and Border Protection biological science technician reported contracting COVID-19 at work. The Board treated July 7, 2022, his last day of exposure before stopping work, as the injury date under OWCP's COVID-19 guidance. He filed his injury form on August 18, more than 30 days later. The…
E.G. and Department of Commerce, Bureau of the Census, Milwaukee, WI
Board upholds abandoned hearing finding in census worker's claim (ECAB 22-1146)
A census worker requested an oral hearing after OWCP denied her injury claim arising from a vehicle collision. OWCP mailed notice of a scheduled telephone hearing to her last known address. She did not attend and did not request a postponement or explain her absence within 10 days. The Board upheld…
D.K. and Department of Homeland Security, Cybersecurity and Infrastructure Security Agency, Philadelphia, PA
Board returns federal worker's eye injury claim for medical development (ECAB 22-0994)
A federal regulatory compliance employee reported loss of vision in his left eye after lifting a heavy suitcase into a work vehicle. His physician explained that the lifting and stress could have raised pressure in the eye's blood vessels and contributed to a hemorrhage. The Board found that…
A.P. and Department of Veterans Affairs, Erie VA Medical Center, Erie, PA
Board upholds denial of VA worker's continuation of pay and reconsideration (ECAB 22-0746)
A VA dental assistant sought continuation of pay after reporting work-related COVID-19. Her last workplace exposure was December 14, 2021, and she filed the injury form on January 14, 2022, more than 30 days later. The Board upheld OWCP's denial under the notice deadline. It also upheld the refusal…
C.R. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Fresno Yosemite International Airport, Fresno, CA
Board upholds denial of border agent's elbow injury claim (ECAB 22-0734)
A Customs and Border Protection agent reported right elbow pain after lifting baggage for inspection. OWCP accepted that the lifting incident occurred, and a physician diagnosed medial epicondylitis. The physician's reports did not give an opinion connecting the diagnosis to that incident. The…
F.F. and Department of Veterans Affairs, Jennifer Moreno VA Medical Center, San Diego, CA
Board upholds denial of VA pharmacy technician's disability claim (ECAB 22-0156)
A VA pharmacy technician sought wage loss compensation for a period after an accepted upper extremity injury. Her physician diagnosed bilateral carpal tunnel syndrome and wrote that she could not work during the claimed period. The report did not explain how the accepted conditions kept her from…
L.B. and Department of Veterans Affairs, Jesse Brown VA Medical Center, Chicago, IL
Board returns VA worker's injury claim for combined file review (ECAB 21-0669)
A VA medical clerk reported back and shoulder injuries after taking cover during a workplace security incident. OWCP denied the claim on medical causation grounds. The worker had an earlier accepted claim involving some of the same body areas, but OWCP had kept the files separate. The Board ordered…
J.H. and Department of Transportation, Federal Aviation Administration, Leesburg, VA
Board upholds abandoned hearing finding in air traffic controller's claim (ECAB 22-0934)
An air traffic controller requested an oral hearing after OWCP denied her injury claim. OWCP mailed notice of a scheduled telephone hearing to her address of record. She did not call in, request a postponement, or explain her absence within 10 days. The Board applied the presumption that properly…
B.O. and U.S. Postal Service, Post Office, Indianapolis, IN
Board returns postal worker's disability claim for review of overlooked report (ECAB 22-0870)
A postal mail processing clerk sought wage loss compensation for part of 2012 through 2016 after an accepted cervical injury. OWCP denied the claim and later refused to change its decision. The Board found that OWCP had not considered and addressed a neurosurgeon's report already in the record. It…
G.C. and U.S. Postal Service, Post Office, Seattle, WA
Board upholds abandoned hearing finding in postal carrier's claim (ECAB 22-0693)
A postal rural carrier requested an oral hearing after OWCP denied his left wrist injury claim. OWCP mailed notice of a scheduled telephone hearing to his address of record, but he did not attend or explain his absence within 10 days. He said on appeal that he had not received the notice. The Board…
E.C. and U.S. Postal Service, Memphis Processing & Distribution Center/Facility, Memphis, TN
Board returns postal worker's reconsideration request under the timely standard (ECAB 22-0483)
A postal tractor trailer operator sought reconsideration of a denied right shoulder injury claim. OWCP treated the request as late and applied the stricter clear evidence of error test. The one-year deadline fell on a Saturday, so the worker's request received the following Monday was timely. The…
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.