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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S.R. and U.S. Postal Service, North Metro Processing & Distribution Center, Duluth, GA
Board returns postal worker's vehicle injury claim for causation review (ECAB 22-0453)
A postal city carrier assistant reported neck, lower back, and left shoulder symptoms after a vehicle accident at work. OWCP denied the claim for lack of a diagnosed condition. An attending physician diagnosed strains in those areas. The Board found the diagnoses sufficient to overturn that basis…
M.D., claiming as widow of M.D. and U.S. Postal Service, Denver-Capitol Hill Station, Denver, CO
Board upholds widow's survivor benefit overpayment and recovery (ECAB 22-0189)
The widow of a postal worker received FECA survivor benefits and Social Security benefits partly attributable to her husband's federal service. OWCP found that the required offset had not been applied, creating a $15,155.74 overpayment for which she was not at fault. The Board upheld that finding…
M.T. and U.S. Postal Service, Rancho Park Post Office, Los Angeles, CA
Board returns postal worker's disability claim for a focused medical opinion (ECAB 21-0819)
A postal worker sought compensation for disability between February 21 and August 17, 2018, related to an accepted knee injury. OWCP obtained a second opinion but did not ask the physician specifically about the claimed dates. His report did not give a reasoned answer on whether the accepted injury…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Settlement initially denied over missing withdrawal orders
The proposed settlement covered citations involving a CAT loader with nine defects and a CAT truck with nineteen defects, both under a standard requiring safety defects to be corrected before equipment use. Inspectors repeatedly extended abatement deadlines, and section 104(b) withdrawal orders…
Secretary of Labor v. Ironside Stone Works, Inc.
Mine-site delivery delay was excused
Ironside Stone Works said its assessment was delivered to the mine site rather than the company office. The company said the mine operator took the assessment home while on compassionate leave, delaying its arrival at the office. Ironside filed its contest in mid-March, about two weeks after the…
Secretary of Labor v. Global Pumice, LLC
Filing mistake led to reopened default
Global Pumice said it mailed its answer to MSHA instead of the Commission, believing the filing would be forwarded. The company also said it never received the show-cause order because that order went to the wrong address. It said it learned of the default through a delinquency notice. The…
Department of the Navy, Supervisor of Shipbuilding, Pascagoula, Mississippi and National Association of Government Employees, Local R5-135
Navy Supervisor of Shipbuilding Pascagoula and NAGE Local R5-135 (FLRA AT-CA-20-0136): Authority dismisses probationary-termination complaint
The Navy terminated a probationary quality-assurance specialist several months after he filed a grievance about a testing-certification assignment. The General Counsel alleged that the termination retaliated against protected union activity. An administrative law judge found that management had…
T.B. and U.S. Postal Service, Post Office, Albion, IN
Board dismisses postal worker's late appeal (ECAB 23-0399)
A postal worker appealed an OWCP decision issued June 23, 2022. The deadline for a Board appeal was December 20, 2022, but the appeal was filed in January 2023. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing OWCP's decision. A…
M.M. and Department of the Interior, Bureau of Land Management, Milwaukee, WI
Board upholds denial of federal worker's leg clot claim (ECAB 22-0719)
A Bureau of Land Management public affairs specialist claimed that long work-related vehicle trips caused or worsened deep vein thrombosis in her left leg. Her physicians discussed an earlier clot and later chronic condition, but the Board found that their reports did not explain how the specific…
W.M. and U.S. Postal Service, Post Office, Bellmawr, NJ
Board upholds denial of postal worker's oral hearing request (ECAB 22-0521)
A postal tractor trailer operator sought an oral hearing after OWCP denied continuation of pay for a COVID-19 claim. He had already requested reconsideration of the decision and received a reconsideration ruling. The Board held that he was no longer entitled to a hearing as of right. It also found…
S.S. and Department of the Army, U.S. Army Medical Department Activity, Leonard Wood Medical Home, Fort Leonard Wood, MO
Board returns Army nurse's continuation of pay claim for COVID-19 rule review (ECAB 22-0516)
An Army medical center practical nurse sought continuation of pay after reporting COVID-19 exposure at work. OWCP denied the request because it found her injury form was filed more than 30 days after the injury. The Board held that OWCP had failed to apply its COVID-19 guidance, which uses the last…
J.D. and U.S. Postal Service, Orinda Post Office, West Sacramento, CA
Board upholds denial of postal worker's occupational disease claim (ECAB 22-0479)
A postal distributor claimed a right ulnar nerve condition related to her work. Her claim form did not identify the specific duties she believed caused or aggravated it, and she did not answer OWCP's questionnaire asking for those facts. The Board held that the factual basis for an occupational…
L.S. and U.S. Postal Service, Post Office, Fort Worth, TX
Board upholds denial of postal worker's cervical condition claim (ECAB 22-0023)
A postal mail processing clerk attributed neck symptoms to repeated turning, reaching, and handling mail. Her physician diagnosed cervical disc disease and spondylosis and said the work caused them. The Board found that his reports did not explain how the specific duties physiologically produced…
O.M. and U.S. Postal Service, Camden Post Office, Camden, SC
Board returns postal worker's mattress replacement request for new medical review (ECAB 21-1383)
A postal worker requested two replacement mattresses for an existing adjustable bed related to an accepted back condition. OWCP denied authorization after its medical adviser attributed his spinal condition to aging and found the mattresses unnecessary. The Board found that the adviser had…
U.S. Forest Service, Collbran Job Corps Civilian Conservation Center, Collbran, Colorado and National Federation of Federal Employees, IAMAW, AFL-CIO
Forest Service Collbran Job Corps Center and NFFE (FLRA DE-RP-22-0035): Authority leaves election petition dismissed as untimely
NFFE sought an election to represent employees at the Forest Service's Collbran Job Corps Civilian Conservation Center. A regional director found that an annually renewed agreement already covered the employees through AFGE and dismissed NFFE's petition because it was filed outside the statutory…
Andres Rodriguez v. Dynamic Industries, Incorporated and Zurich American Insurance Company
Rodriguez v. Dynamic Industries (BRB 22-0043): offshore injury denial affirmed
Andres Rodriguez said he suffered a groin injury while building scaffolding on an offshore platform off Texas. The judge denied benefits after finding that the evidence did not establish an accident at work in November 2017. The Board majority held that any error in declining to apply the statutory…
A.I. and U.S. Postal Service, Vineland Carrier Annex, Vineland, NJ
Board upholds denial of added conditions in postal worker's leg injury claim (ECAB 22-1023)
A postal clerk injured the back of her left knee while moving equipment at work. OWCP accepted a left knee sprain but declined to add hamstring tendinitis, internal derangement, and deep vein thrombosis. The Board found that the medical opinions linking the additional conditions to the accepted…
M.B. and U.S. Postal Service, Post Office, Portland, OR
Board dismisses postal worker's appeal for lack of a timely OWCP decision (ECAB 22-0974)
A postal worker appealed a purported OWCP decision and requested oral argument. The Board's jurisdiction covers final adverse OWCP decisions issued within the applicable 180-day appeal period. The transmitted record contained no qualifying decision, so the Board dismissed the appeal without…
K.P. and Department of Veterans Affairs, San Diego VA Medical Center, San Diego, CA
Board dismisses VA worker's appeal and late reconsideration petition (ECAB 22-0966)
A VA worker sought Board review of purported OWCP decisions and an earlier Board order. The record contained no final adverse OWCP decision issued within 180 days before the new appeal, so the Board dismissed Docket No. 22-0966 for lack of jurisdiction. The worker also challenged the Board's March…
X.M. and U.S. Postal Service, Marina Post Office, San Francisco, CA
Board upholds denial of postal worker's continuation of pay and disability claim (ECAB 22-0271)
A postal clerk reported that a heavy container rolled over her right foot while she unloaded a truck. OWCP accepted the foot contusion but denied continuation of pay because she filed the injury form more than 30 days after the incident. The Board upheld that finding even though she said her…
C.H. and Department of Veterans Affairs, Syracuse VA Medical Center, Syracuse, NY
Board upholds denial of VA worker's neck and shoulder injury claim (ECAB 22-0219)
A VA hospital housekeeping manager reported neck, shoulder, and arm symptoms after lifting a table at work. OWCP accepted that the lifting incident occurred but denied compensation because the evidence did not establish a causal connection to a medical condition. The Board found that the…
UHS of Delaware, Inc. and Premier Behavioral Health Solutions of Florida, Inc. d/b/a Suncoast Behavioral Health Center
Workplace-violence citation affirmed as serious
Suncoast operated a Florida inpatient psychiatric hospital where employees experienced repeated patient assaults that caused serious injuries. OSHA cited Suncoast and its management company, UHS of Delaware, under the General Duty Clause for exposing employees to workplace violence. The Commission…
John R. Frame v. Eastern Associated Coal, LLC and Peabody Energy Corporation
Frame v. Eastern Associated Coal (BRB 22-0256): Peabody carrier liability affirmed
John Frame's later Black Lung claim arose from his work for Eastern Associated Coal in West Virginia. The judge credited 28.42 years of underground mine work and found complicated pneumoconiosis, triggering the irrebuttable presumption of disability due to pneumoconiosis. The employer did not…
Homer Dean Fields v. Premier Elkhorn Coal, LLC and Kentucky Employers' Mutual Insurance
Fields v. Premier Elkhorn Coal (BRB 22-0198): Black Lung award affirmed
Homer Fields had 26 years of qualifying surface coal mine employment and a disabling respiratory impairment, so the judge applied the statutory presumption that his disability was due to pneumoconiosis. Premier Elkhorn Coal contested only the finding that it failed to rebut the presumption. The…
Elizabeth Maynard, on behalf of and widow of Jennings Maynard v. Island Creek Coal Company
Maynard v. Island Creek Coal (BRB 22-0062, 22-0063): Black Lung awards affirmed
Elizabeth Maynard pursued her late husband's Black Lung claim and her own survivor's claim against Island Creek Coal. The judge found at least 15 years of underground work and a disabling respiratory impairment, triggering the statutory presumption that the miner's disability was due to…
Elizabeth Maynard, on behalf of and widow of Jennings Maynard v. Island Creek Coal Company
Maynard v. Island Creek Coal (BRB 22-0062, 22-0063): Black Lung awards affirmed
Elizabeth Maynard pursued her late husband's Black Lung claim and her own survivor's claim against Island Creek Coal. The judge found at least 15 years of underground work and a disabling respiratory impairment, triggering the statutory presumption that the miner's disability was due to…
Janelle L. Thomas v. SSA Terminals, LLC and Homeport Insurance Company
Thomas v. SSA Terminals (BRB 22-0052): wage calculation remanded
Janelle Thomas injured her shoulder while driving a tractor at the Port of Oakland for SSA Terminals. The judge awarded benefits using a coworker's wages to calculate her average weekly wage and also awarded nominal permanent partial disability compensation of one dollar per week. The Board held…
Kujtim Osmani v. Service Employees International, Incorporated and Insurance Company of the State of Pennsylvania
Osmani v. Service Employees International (BRB 21-0568): Defense Base Act denial affirmed
Kujtim Osmani claimed a psychological injury from his work in Afghanistan and Iraq for Service Employees International. The judge denied benefits after finding that the condition was not established as work related. The Board held that the judge should have applied the statutory presumption…
William H. Rose v. Heritage Coal Company, LLC and Peabody Energy Corporation
Rose v. Heritage Coal (BRB 21-0479): Black Lung award affirmed
William Rose's later Black Lung claim followed an earlier denial for lack of total disability. The judge credited 19 years of underground coal mine work and found a disabling respiratory impairment, triggering the statutory presumption that his disability was due to pneumoconiosis. Heritage Coal…
James C. Keen v. Jewell Smokeless Coal Corporation
Keen v. Jewell Smokeless Coal (BRB 21-0453): Black Lung award affirmed
James Keen filed a later Black Lung claim after an earlier claim was denied. Although the judge credited at least 33 years of coal mine work, he did not find enough qualifying underground or similar work to apply the statutory 15-year presumption. The judge instead awarded benefits on direct proof…
Clara Fuson, widow of Kenneth D. Fuson v. Billy Ray Carroll Construction and American Mining Insurance Company
Fuson v. Billy Ray Carroll Construction (BRB 21-0271): survivor's claim remanded
Clara Fuson sought survivor's benefits after the death of her husband, Kenneth Fuson, who had 24 years of qualifying coal mine work. The judge found that she had not established a totally disabling respiratory impairment and denied modification of her claim. The Board vacated that finding because…
D.E. and Department of Justice, Bureau of Prisons Southeast Region, Atlanta, GA
Board dismisses late Justice Department employee appeal (ECAB 23-0420)
A Bureau of Prisons employee appealed an August 3, 2022 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on January 30, 2023, but the appeal was not filed until February 1, 2023. The appellant did not provide supporting…
B.G. and U.S. Postal Service, Winterwood Post Office, Las Vegas, NV
Board dismisses late postal worker appeal (ECAB 23-0402)
A postal worker appealed an April 27, 2022 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on October 24, 2022, but the appeal was not filed until January 17, 2023. The appellant did not provide supporting documentation showing…
C.M. and U.S. Postal Service, Post Office, San Francisco, CA
Board dismisses late postal worker appeal (ECAB 23-0400)
A postal worker appealed a February 3, 2020 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on August 1, 2020, but the appeal was not filed until January 26, 2023. The appellant did not provide supporting documentation showing…
A.B. and U.S. Postal Service, Sacramento Processing & Distribution Center, Sacramento, CA
Board dismisses late postal worker appeal (ECAB 23-0397)
A postal worker appealed a July 27, 2020 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on January 23, 2021, but the appeal was not filed until January 17, 2023. The appellant did not provide supporting documentation showing…
D.A. and Department of the Army, McAlester Army Ammunition Plant, McAlester, OK
Board dismisses untimely Army employee appeal (ECAB 23-0389)
An Army ammunition plant employee appealed a June 22, 2022 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on December 19, 2022, but the appeal was not filed until January 5, 2023. The appellant did not provide supporting…
S.O. and U.S. Postal Service, Post Office, Greensboro, NC
Board dismisses untimely postal worker appeal (ECAB 23-0360)
A postal worker appealed a June 21, 2022 merit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on December 18, 2022, but the appeal was not filed until January 5, 2023. The appellant did not provide supporting documentation showing…
A.R. and U.S. Postal Service, Los Angeles Processing & Distribution Center, Los Angeles, CA
Board dismisses untimely appeal by postal worker (ECAB 23-0344)
A postal worker appealed a January 19, 2022 nonmerit decision of the Office of Workers' Compensation Programs. The Board found that the 180 day appeal period ended on July 18, 2022, but the appeal was not filed until January 10, 2023. The appellant did not provide supporting documentation showing…
Dianna J. Perdue, on behalf of and widow of Samuel R. Perdue v. Pine Ridge Coal Company and Peabody Energy Corporation
Perdue v. Pine Ridge Coal (BRB 22-0305, 22-0315): Black Lung awards affirmed
Dianna Perdue pursued her late husband's Black Lung claim and her survivor's claim against Pine Ridge Coal and Peabody Energy. The judge credited 29 years of underground mine work and found a disabling respiratory impairment, triggering the statutory presumption that Samuel Perdue's disability was…
Dianna J. Perdue, on behalf of and widow of Samuel R. Perdue v. Pine Ridge Coal Company and Peabody Energy Corporation
Perdue v. Pine Ridge Coal (BRB 22-0305, 22-0315): Black Lung awards affirmed
Dianna Perdue pursued her late husband's Black Lung claim and her survivor's claim against Pine Ridge Coal and Peabody Energy. The judge credited 29 years of underground mine work and found a disabling respiratory impairment, triggering the statutory presumption that Samuel Perdue's disability was…
Fousseini Tounkara v. Glacier Fish Company and Clarendon National Insurance Company
Tounkara v. Glacier Fish (BRB 22-0047): disability award ended, offset clarified
Fousseini Tounkara previously received temporary total disability benefits for eye conditions attributed to his work as a fire watcher for Glacier Fish. Both sides sought to modify the award after his condition improved. The judge found that his eye condition had reached maximum medical improvement…
Judy Rose, widow of Dana E. Rose v. Enterprise Mining Company, LLC and Brickstreet Mutual Insurance
Rose v. Enterprise Mining (BRB 21-0509): survivor benefits without state offset affirmed
Judy Rose qualified for federal Black Lung survivor's benefits because her husband, Dana Rose, was entitled to benefits when he died. Enterprise Mining argued that a Kentucky workers' compensation settlement made for the miner should reduce her federal payments. The judge found no evidence that…
Kathy White, on behalf of and widow of Wilford White v. Pine Ridge Coal Company and Peabody Energy Corporation
White v. Pine Ridge Coal (BRB 21-0416, 21-0432): Black Lung awards affirmed
Kathy White pursued her late husband's Black Lung claim and her survivor's claim against Pine Ridge Coal and Peabody Energy. The judge found 26 years of underground coal mine work and a disabling respiratory impairment, triggering the statutory presumption that Wilford White's disability was due to…
Kathy White, on behalf of and widow of Wilford White v. Pine Ridge Coal Company and Peabody Energy Corporation
White v. Pine Ridge Coal (BRB 21-0416, 21-0432): Black Lung awards affirmed
Kathy White pursued her late husband's Black Lung claim and her survivor's claim against Pine Ridge Coal and Peabody Energy. The judge found 26 years of underground coal mine work and a disabling respiratory impairment, triggering the statutory presumption that Wilford White's disability was due to…
Richard S. Burke v. Consol of Kentucky and Murray Energy Corporation
Burke v. Consol of Kentucky (BRB 21-0321): Black Lung award affirmed
Richard Burke had 18.24 years of qualifying coal mine work and a totally disabling respiratory impairment, so the judge applied the statutory presumption that his disability was due to pneumoconiosis. Consol of Kentucky and Murray Energy challenged the pulmonary function study supporting disability…
Mose Mims v. Drummond Company, Incorporated
Mims v. Drummond Company (BRB 21-0314): operator liability remanded
Mose Mims was awarded Black Lung benefits after the judge dismissed Drummond Company as the responsible operator and assigned payment to the Black Lung Disability Trust Fund. The Director appealed only the liability ruling. The Board held that the judge used the wrong approach to decide whether a…
C.P. and Tennessee Valley Authority, Coal & Gas Operations, Paradise Fossil Plant, Drakesboro, KY
Board upholds refusal to reopen boilermaker's lung disease claim (ECAB 22-1104)
A Tennessee Valley Authority boilermaker sought reconsideration of an OWCP denial of his occupational lung disease claim. He submitted a new radiograph classification reporting lung opacities. The Board found that the report did not diagnose a medical condition tied to the accepted work exposures…
K.G. and U.S. Postal Service, West Station, Nashville, TN
Board upholds denial of postal carrier's hip disability recurrence claim (ECAB 22-0970)
A city carrier had an accepted right hip strain from work in 2019 and later claimed a recurrence of disability in March 2022. He reported renewed hip pain and sought time off and medical treatment. The Board found that the physicians documented a hip strain and work restrictions but did not explain…
M.D. and Department of Transportation, Federal Aviation Administration, White Plains, NY
Board upholds denial of continuation of pay for air traffic controller (ECAB 22-0771)
An air traffic controller reported contracting COVID-19 on January 7, 2022 and stopped work. She filed the required traumatic injury claim form on February 8, 2022. The Board held that she missed the 30 day filing deadline for continuation of pay and affirmed OWCP's denial of that benefit. The…
A.T. and U.S. Postal Service, Queens Vehicle Plant Facility, Jamaica, NY
Board upholds denial of continued benefits after postal worker's knee injury (ECAB 22-0716)
A postal auto technician sought continuing benefits after OWCP ended compensation for an accepted left knee abrasion and contusion. The Board had previously upheld that termination. On a later reconsideration request, the worker submitted an orthopedic report describing several knee and other…
J.S. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, San Ysidro, CA
Board upholds denial of Border Patrol agent's finger injury claim (ECAB 21-1035)
A Border Patrol agent reported pain in his left ring finger after overextending it while inspecting a vehicle at work. OWCP accepted that the incident occurred but denied the injury claim. The Board found that the physician diagnosed trigger finger and checked forms linking it to the incident…
A.R. and U.S. Postal Service, Processing & Distribution Center, Tampa, FL
Board upholds denial of continued physical therapy for postal worker (ECAB 21-0907)
A postal processing clerk with accepted carpal tunnel syndrome and tenosynovitis sought continued physical therapy. Her treating physician said therapy helped her pain and daily activities, while an OWCP medical adviser questioned its medical necessity. OWCP obtained an impartial orthopedic opinion…
S.C. and U.S. Postal Service, Post Office, Genoa, IL
Board upholds denial of postal carrier's intermittent wage loss claim (ECAB 21-0580)
A city letter carrier with an accepted left hip labral tear sought compensation for intermittent time away from work between October 2018 and October 2019. OWCP allowed compensation for a later period but denied the earlier claimed period. The Board found that the physicians' reports did not…
George A. Davis v. Consol of Kentucky, Incorporated and Consol Energy, Incorporated
Davis v. Consol of Kentucky (BRB 21-0530): Black Lung award affirmed
George Davis's later Black Lung claim followed years of underground coal mine work. The judge found at least 15 qualifying years and a disabling respiratory impairment, triggering the statutory presumption that Davis's disability was due to pneumoconiosis. Consol argued that the long procedural…
Lawrence A. Coleman v. Apogee Coal Company, LLC and Arch Coal Company
Coleman v. Apogee Coal (BRB 21-0452): Black Lung denial remanded
Lawrence Coleman sought Black Lung benefits after more than 15 years of qualifying coal mine work. The judge found clinical and legal pneumoconiosis but denied benefits because he found no totally disabling respiratory impairment. The Board held that the judge had not adequately explained why later…
Gregory Brashears v. Lone Mountain Processing, Incorporated and Arch Coal, Incorporated
Brashears v. Lone Mountain Processing (BRB 21-0327): Black Lung award affirmed
Gregory Brashears had at least 30 years of underground coal mine work, including heavy and very heavy duties as a general laborer. The judge found medical opinions established a disabling respiratory impairment, invoking the statutory presumption that his disability was due to pneumoconiosis. Lone…
P.M. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Phoenix, AZ
Board upholds denial of correctional officer's knee injury claim (ECAB 22-0943)
A federal correctional officer struck his left knee on a concrete floor while restraining an inmate. OWCP accepted that the incident occurred but denied his injury claim. His physician reported knee pain and later resolved pain, while an assessment by a provider whose credentials were not…
K.W. and U.S. Postal Service, Post Office, Philadelphia, PA
Board returns postal worker's continuation of pay claim for correct injury date (ECAB 22-0769)
A postal city carrier reported contracting COVID-19 after contact with coworkers who had tested positive and sought continuation of pay. OWCP denied the pay claim because the injury form was filed more than 30 days after the date it used for the incident. The Board found that OWCP had not applied…
A.M. and Department of Veterans Affairs, Birmingham VA Medical Center, Birmingham, AL
Board upholds denial of continuation of pay for VA nurse (ECAB 22-0523)
A VA practical nurse reported contracting COVID-19 on January 4, 2022 and stopped work. She filed the required traumatic injury claim form on February 7, 2022. The Board held that the filing was more than 30 days after the reported injury date, so she did not qualify for continuation of pay. It…
W.W. and U.S. Postal Service, Post Office, Los Angeles, CA
Board returns postal carrier's shoulder claim for correct classification and evidence review (ECAB 21-1432)
A city carrier assistant reported falling while delivering mail and injuring his right shoulder. He filed an occupational disease form, but the account and medical reports described a single fall. The Board found that OWCP should have converted the filing to a traumatic injury claim and notified…
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.