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

L.H. and Department of Veterans Affairs, Louis Stokes Cleveland VA Medical Center

Board upholds denial of VA clerk's continuation of pay claim (ECAB 22-1187)

L.H., a VA medical clerk, alleged that she contracted COVID-19 at work on May 12, 2022 and sought continuation of pay. She filed the required injury form on July 7, more than 30 days after the asserted exposure. The Board affirmed OWCP's denial because the form was late under the continuation of…

January 4, 2023 ·ECAB
Affirmed
COMM

R.F. and U.S. Postal Service, Post Office, Louisville, KY

Board upholds denial of postal carrier's shoulder injury claim (ECAB 22-1121)

R.F., a postal carrier, reported a pop in his left shoulder while delivering a package. OWCP accepted that the August 2020 work incident occurred but denied the injury claim. After an earlier Board decision, he submitted a doctor's letter attributing a diagnosed shoulder tear to the incident. The…

January 4, 2023 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Processing & Distribution Center, Harrisburg, PA

Board upholds denial of custodian's wage loss during offered light duty (ECAB 22-1115)

D.M., a postal laborer custodian, sought wage loss for a period after surgery for an accepted right elbow injury. The Postal Service offered her modified work that did not require use of her right arm. The Board found that the offered duties fit her treating doctor's restrictions and would have…

January 4, 2023 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Post Office, Vero Beach, FL

Board upholds denial of postal carrier's July 2021 wage claim (ECAB 22-0940)

B.C., a postal rural carrier associate, had an accepted shoulder sprain and later sought wage loss for two weeks in July 2021. The medical reports he submitted described treatment in early 2020, before the claimed disability period. The Board found that those reports did not address whether the…

January 4, 2023 ·ECAB
Affirmed
COMM

C.F. and U.S. Postal Service, Post Office, Sioux Falls, SD

Board upholds denial of postal carrier's back injury claim (ECAB 22-0860)

C.F., a postal rural carrier, claimed that his back stiffened during work in March 2021. OWCP accepted that the incident occurred but denied the injury claim. The Board found that physicians documented back diagnoses without explaining their connection to the work incident. It also found that the…

January 4, 2023 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Tucson Silverbell Post Office

Board upholds denial of postal carrier's bladder and back schedule award (ECAB 21-0792)

D.M., a postal city carrier, sought a schedule award for accepted bladder and lower back conditions. A medical adviser rated bladder impairment at 10 percent, but the Board found that FECA's schedule does not cover the bladder. It also found no ratable extremity impairment from the accepted back…

January 4, 2023 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, Post Office, Jackson, MS

Board upholds denial of postal clerk's back injury claim (ECAB 20-1649)

M.M., a postal clerk, claimed lower back pain after lifting sacks of mail. OWCP accepted that the lifting incident occurred but denied the injury claim. The Board found that physicians documented back diagnoses and treatment without explaining how the work incident caused the conditions. It also…

January 4, 2023 ·ECAB
Affirmed
COMM

I.W. and Department of Defense, Defense Commissary Agency, Cherry Point Commissary

Board upholds initial back claim denial but orders reconsideration (ECAB 22-1065)

I.W., a commissary store worker, reported back pain after encountering a pallet jack while moving a cart. OWCP accepted that the incident occurred but denied the claim because the earlier medical reports described pain without a diagnosed condition. The Board upheld that denial on the record then…

January 3, 2023 ·ECAB
Mixed result
COMM

S.T. and U.S. Postal Service, Southern Maine Carrier Unit Post Office

Board upholds denial of mail handler's thumb condition claim (ECAB 22-1025)

S.T., a postal mail handler, claimed that repetitive gripping and grabbing while sorting mail aggravated left thumb arthritis. Her orthopedic surgeon linked the symptoms to work but did not describe the work exposure in enough detail or explain why the increased symptoms were not simply the natural…

January 3, 2023 ·ECAB
Affirmed
COMM

C.C. and Department of Homeland Security, Immigration and Customs Enforcement

Board orders specialist review of agent's shoulder injury claim (ECAB 22-0247)

C.C., an immigration enforcement special agent, claimed that required exercise worsened a preexisting right shoulder injury. OWCP denied the claim. His physician explained how the exercise could have worsened the rotator cuff tear and caused a biceps tendon tear. The Board found that explanation…

January 3, 2023 ·ECAB
Remanded
COMM

T.P. and U.S. Postal Service, Ampthill Post Office

Board upholds denial of postal carrier's later wage claim (ECAB 21-0735)

T.P., a postal city carrier, had accepted neck sprain and right foot contusion after a collision involving her work vehicle. She later sought wage loss for a period during which doctors treated back and neck conditions. The Board found that the submitted reports did not explain how the accepted…

January 3, 2023 ·ECAB
Affirmed
COMM

W.L. and U.S. Postal Service, Central City Post Office

Board upholds postal worker's overpayment and denial of waiver (ECAB 21-0486)

W.L., a postal carrier assistant, received wage loss compensation after returning to full-time work. OWCP found that she had been overpaid $1,686.85 from November 10 through December 5, 2020 and that she was without fault. She requested a waiver but submitted an incomplete financial form without…

January 3, 2023 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Processing & Distribution Center, Waco, TX

Board orders merit review of postal worker's late reconsideration request (ECAB 20-1466)

A.M., a postal carrier and clerk, sought reconsideration of a wage loss denial after the usual one-year period. OWCP refused to reopen the claim. The Board agreed the request was late but found clear evidence of error: OWCP had denied wage loss partly because it said foot arthritis was unaccepted…

January 3, 2023 ·ECAB
Remanded
COMM

E.B. and U.S. Postal Service, Denver Airport Mail Center

Board upholds denial of mail handler's impairment and disability claims (ECAB 20-0477)

E.B., a seasonal postal mail handler, had accepted head and neck injuries after striking a post at work in 1999. He later sought a schedule award for upper extremity impairment and wage loss spanning December 1999 through April 2019. The Board found that his impairment rating did not explain how…

January 3, 2023 ·ECAB
Affirmed
COMM

E.M. and Department of Veterans Affairs, Northern California Health Care System

Board upholds denial of VA pharmacist's continuation of pay (ECAB 22-1309)

E.M., a VA pharmacist, reported COVID-19 symptoms beginning May 26, 2022. She filed an injury form on August 18, more than 30 days after the accepted exposure date. The Board affirmed OWCP's denial because that form was too late for continuation of pay. The ruling did not decide whether she could…

December 30, 2022 ·ECAB
Affirmed
COMM

L.S. and Department of Justice, Federal Bureau of Prisons

Board orders specialist review of prison employee's shoulder claim (ECAB 22-1214)

L.S., a prison information technology specialist, claimed a right shoulder injury while lifting and placing a computer at work. OWCP denied the claim. Her orthopedic surgeon repeatedly linked the shoulder condition to the lifting incident, but his explanation was not complete enough to establish…

December 30, 2022 ·ECAB
Remanded
COMM

E.K. and Department of Homeland Security, Transportation Security Administration

Board upholds denial of TSA specialist's back injury claim (ECAB 22-1130)

E.K., a TSA financial specialist, claimed a back injury after bending and twisting to set up her workstation. OWCP accepted that the incident occurred but denied the injury claim. The Board found that medical opinions did not adequately explain how the incident caused or aggravated her back…

December 30, 2022 ·ECAB
Affirmed
COMM

L.J. and Department of Veterans Affairs, American Lake VA Medical Center

Board returns VA employee's COVID-19 pay claim for exposure-date review (ECAB 22-1041)

L.J., a VA health science employee, sought continuation of pay after a positive COVID-19 test. OWCP denied the claim because it found that she filed her injury form more than 30 days after the injury. The Board found that OWCP had not applied its guidance treating the last exposure before diagnosis…

December 30, 2022 ·ECAB
Remanded
COMM

R.W. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA

Board recognizes more right wrist impairment and remands other ratings (ECAB 22-1017)

R.W., a postal bulk mail technician, sought increased schedule awards for accepted wrist and thumb conditions. The Board found that the impartial examiner correctly rated her right wrist at three percent, one point above the prior award. The examiner's left wrist and thumb ratings did not follow…

December 30, 2022 ·ECAB
Mixed result
COMM

J.R. and Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations

Board orders agency response to investigator's stress claim (ECAB 20-1382)

J.R., a Homeland Security Investigations supervisor, claimed work-related stress and dental damage linked to several events and workplace treatment. OWCP sought a response from his employing agency about the allegations, but received none. The Board found that it could not decide the claim on that…

December 30, 2022 ·ECAB
Remanded
COMM

Edwin Eason v. Virginia International Terminals, LLC and Signal Mutual Indemnity Association, Limited

Eason v. Virginia International Terminals (BRB 21-0636): denial of continuing benefits affirmed

Edwin Eason injured his neck when two trains collided at work, and his employer paid temporary disability benefits. He sought continuing disability and medical benefits, but the judge found he could return to his usual work after weighing medical opinions, functional tests, and his account of the…

December 29, 2022 ·BRB
Affirmed
COMM

Daniel Hill v. Northrop Grumman and Insurance Company of the State of Pennsylvania

Hill v. Northrop Grumman (BRB 21-0565): lung-disease benefits award affirmed

Daniel Hill worked in aircraft maintenance in Afghanistan and developed interstitial lung disease after exposure to workplace dust. An administrative law judge found that the dust aggravated his condition and awarded temporary total disability benefits through May 15, 2019, followed by permanent…

December 29, 2022 ·BRB
Affirmed
COMM

Scott E. Horton v. Specialty Finishes, LLC and Signal Mutual Indemnity Association, Limited

Horton v. Specialty Finishes (BRB 21-0492): attorney fee returned for further calculation

Scott Horton won Longshore Act benefits for a work-related back injury, and his attorney appealed a later fee order that awarded less than requested. The Board found that the judge needed to reconsider the evidence supporting counsel's hourly rate and account for the delay between the 2016 fee…

December 29, 2022 ·BRB
Remanded
COMM

Lenn C. Lengel v. Helvetia Coal Company and Rochester & Pittsburgh Coal Company

Lengel v. Helvetia Coal Company (BRB 21-0102 BLA): reconsideration of benefits award denied

Helvetia Coal Company and its carrier asked the Board to reconsider its January 24, 2022 decision affirming Lenn Lengel's black lung benefits award. The Board considered their arguments and its earlier disposition; no panel member voted to grant reconsideration. It denied the motion, so the…

December 29, 2022 ·BRB
Affirmed
COMM

Talisha K. Rose v. Vectrus Systems Corporation

Rose v. Vectrus (BRB 20-0279): work injury presumption applied on reconsideration

Talisha Rose sought benefits for a psychological condition she attributed to work in Afghanistan. A judge denied her claim after finding her account and supporting medical opinions unpersuasive at the initial stage for invoking the work injury presumption, and a Board panel affirmed. On…

December 29, 2022 ·BRB
Remanded
COMM

I.S. and U.S. Postal Service, New Jersey International & National Distribution Center

Board orders further review of postal clerk's shoulder claim (ECAB 22-1210)

I.S., a postal clerk, claimed a right shoulder injury from repetitive overhead handling of packages at work. OWCP denied the claim. Her physician explained how the work activity could have aggravated existing shoulder changes and caused tendon and labral tears. The Board found the opinion…

December 29, 2022 ·ECAB
Remanded
COMM

C.M. and U.S. Postal Service, Post Office

Board orders combined review of postal worker's injury claims (ECAB 22-1076)

C.M., a rural carrier associate, claimed injuries from a September 2021 fall at work. She had also filed a claim for a July 2021 knee injury. OWCP denied the September claim, finding that the reported fall had not been established. The Board found that review of the September claim required the…

December 29, 2022 ·ECAB
Remanded
COMM

M.E. and Department of Justice, Federal Bureau of Prisons, El Reno, OK

Board dismisses prison employee's late appeal (ECAB 22-0996)

M.E. appealed OWCP's December 9, 2021 decision. The 180-day filing period ended June 7, 2022, but her appeal was postmarked June 8. She did not provide documentation establishing compelling circumstances for the delay. The Board dismissed the appeal for lack of jurisdiction and did not decide the…

December 29, 2022 ·ECAB
Procedural
COMM

R.B. and U.S. Postal Service, Englewood Post Office, Chicago, IL

Board upholds denial of postal worker's right knee schedule award (ECAB 22-0954)

R.B., a letter carrier, sought a schedule award for permanent impairment of her right leg after an accepted knee sprain. Her physician and OWCP's medical adviser disagreed, so OWCP obtained an impartial medical examination. The examiner found that the accepted sprain had resolved and attributed her…

December 29, 2022 ·ECAB
Affirmed
COMM

D.R. and U.S. Postal Service, Post Office, Harrisburg, PA

Board upholds denial of postal worker's fall injury claim (ECAB 22-0921)

D.R., a letter carrier, slipped on ice while delivering a parcel in February 2021 and reported leg, knee, shoulder, back, and neck symptoms. OWCP accepted that the fall occurred but denied compensation because it found no adequate medical link to a diagnosed condition. The Board found that the…

December 29, 2022 ·ECAB
Affirmed
COMM

J.S. and Department of the Treasury, Internal Revenue Service, Holtsville, NY

Board orders fresh review of IRS employee's medical-visit wage claim (ECAB 22-0911)

J.S., an IRS tax examining technician, claimed three hours of wage loss for each of two medical appointments related to an accepted neck injury. OWCP treated the request as a claim for recurrence of disability and denied it, then relied on a car accident described in a medical report belonging to a…

December 29, 2022 ·ECAB
Remanded
COMM

B.L. and Department of Justice, Drug Enforcement Administration, Knoxville, TN

Board reverses termination of DEA agent's wage-loss benefits (ECAB 22-0812)

B.L., a DEA special agent, received wage-loss compensation for accepted carpal tunnel syndrome in both hands. OWCP ended those benefits based on a second-opinion physician's view that he could work without restrictions. The Board found that the physician also documented continuing carpal tunnel…

December 29, 2022 ·ECAB
Vacated
COMM

U.S. Department of Energy and Triad National Security, L.L.C.

In re U.S. Department of Energy and Triad National Security, L.L.C. (EAB NPDES Appeal No. 22-01): Permit remanded for Outfall 051 data review

Concerned Citizens for Nuclear Safety, Honor Our Pueblo Existence, and Veterans for Peace challenged EPA Region 6's NPDES permit for Los Alamos National Laboratory. Their challenge focused on Outfall 051, which authorizes treated wastewater discharges from the Radioactive Liquid Waste Treatment…

December 28, 2022 ·EPA EAB
Remanded
COMM

Evelyn Elliott on behalf of Joseph L. Elliott v. Manalapan Mining Company, Incorporated and Connecticut Indemnity Company

Elliott v. Manalapan Mining (BRB 22-0042 BLA): miner's black lung award affirmed

Joseph Elliott worked underground in coal mines for twenty-one years and had a totally disabling respiratory impairment; his widow continued his claim after his death. The judge applied the fifteen-year presumption and awarded benefits. The employer attributed his impairment to lung cancer and…

December 28, 2022 ·BRB
Affirmed
COMM

Barry Maggard v. Kat Ran Enterprises, Incorporated and Commerce & Industry/Chartis

Maggard v. Kat Ran Enterprises (BRB 21-0641 BLA): complicated-pneumoconiosis award affirmed

Barry Maggard filed a new black lung claim after a prior denial. On remand, a judge found that biopsy evidence and medical opinions established complicated pneumoconiosis arising from his coal mine work, which triggered the irrebuttable disability presumption. The employer argued that removing the…

December 28, 2022 ·BRB
Affirmed
COMM

Delford W. Hubbard v. I C G Hazard, LLC and Arch Coal, Incorporated

Hubbard v. I C G Hazard (BRB 21-0503 BLA): disability evidence returned for review

Delford Hubbard, a former surface coal mine dozer operator, appealed without counsel after a judge denied his black lung claim. The judge credited a more recent breathing test over older tests solely because it was newer, even though the newer result suggested improvement. The Board held that…

December 28, 2022 ·BRB
Remanded
COMM

Barry F. Hunter v. Peabody Coal Company LLC and Peabody Energy

Hunter v. Peabody Coal (BRB 21-0429 BLA): subsequent black lung claim awarded

Barry Hunter filed a second black lung claim after an earlier claim had been denied. The judge found thirty-four years of qualifying coal mine work and a totally disabling respiratory impairment, a change that permitted review of the new claim. The judge applied the fifteen-year presumption and…

December 28, 2022 ·BRB
Affirmed
COMM

Inez Stump on behalf of Loren H. Stump v. Eastern Associated Coal and Peabody Energy Corporation

Stump v. Eastern Associated Coal (BRB 20-0455 BLA): benefits award and carrier liability affirmed

Loren Stump worked underground in coal mines for nineteen years and had a totally disabling respiratory impairment. After his death, his widow continued his benefits claim. The judge applied the fifteen-year presumption and awarded benefits, finding that the employer's medical opinions did not rule…

December 28, 2022 ·BRB
Affirmed
COMM

Lorraine Tritschler v. Heritage Coal Company, formerly Peabody Coal Company, and Peabody Energy Corporation

Tritschler v. Heritage Coal (BRB 20-0436 BLA): black lung award and Peabody liability affirmed

Lorraine Tritschler sought black lung benefits based on respiratory disease from coal mine work. The judge found fewer than fifteen years of mine work, so she did not receive the fifteen-year presumption, but credited medical opinions linking her disabling lung condition to coal dust. The Board…

December 28, 2022 ·BRB
Affirmed
COMM

K.P. and U.S. Postal Service, Northern New Jersey Processing & Distribution Center, Edison, NJ

Board upholds denial of postal worker's continuation of pay (ECAB 22-1184)

K.P., a postal flat sorter operator, reported contracting COVID-19 after close contact at work on May 2, 2022. She filed her traumatic injury form on June 21. OWCP denied continuation of pay because the form was filed more than 30 days after the claimed date of injury. The Board agreed that the…

December 28, 2022 ·ECAB
Affirmed
COMM

R.C. and Department of Homeland Security, U.S. Customs and Border Protection, Imperial Beach, CA

Board returns border agent's groin injury claim for causation review (ECAB 22-1099)

R.C., a border patrol agent, reported pulling his left groin while leaving a service vehicle to pursue someone on foot. OWCP accepted the work incident but denied the claim because it found no diagnosis from a qualified physician. The Board found that a physician had signed a treatment form…

December 28, 2022 ·ECAB
Remanded
COMM

P.G. and U.S. Postal Service, Fort Dearborn Post Office, Chicago, IL

Board upholds postal carrier's $52,262.78 benefit overpayment (ECAB 22-1073)

P.G., a postal carrier, received FECA wage-loss compensation and Social Security retirement benefits attributable to federal service during the same period. OWCP calculated a $52,262.78 overpayment and found her without fault. The Board verified the calculation and found that the concurrent federal…

December 28, 2022 ·ECAB
Affirmed
COMM

T.G. and Department of Defense, Defense Information Systems Agency, Scott Air Force Base, IL

Board upholds denial of late reconsideration request in stress claim (ECAB 22-0828)

T.G., a Defense Information Systems Agency financial management technician, sought compensation for conditions she attributed to workplace stress. OWCP had denied the claim and later denied her March 2022 request to reconsider it. The Board found the request more than one year after the last merits…

December 28, 2022 ·ECAB
Affirmed
COMM

B.T. and U.S. Postal Service, Post Office, Chicago, IL

Board upholds refusal to reopen postal carrier's claim (ECAB 22-0006)

B.T., a Chicago letter carrier, reported that someone shot her with paintballs while she delivered mail. OWCP accepted the incident but denied her injury claim for lack of medical causation. She later asked OWCP to reconsider, submitting a police report already in the record. The Board held that…

December 28, 2022 ·ECAB
Affirmed
COMM

R.N. and Department of Homeland Security, U.S. Customs and Border Protection, Miami, FL

Board dismisses CBP appellant's appeal and reconsideration request (ECAB 23-0015)

R.N. attempted to appeal an April 2022 Board decision concerning an OWCP claim. The Board found that his October 2022 submission identified no adverse OWCP decision within the preceding 180 days, so it lacked jurisdiction over the new appeal. Treating the submission as a request to reconsider the…

December 27, 2022 ·ECAB
Procedural
COMM

T.H. and U.S. Postal Service, Post Office, Greensboro, NC

Board reverses termination of postal carrier's wage-loss benefits (ECAB 22-0524)

T.H., a rural carrier, received wage-loss compensation for an accepted left shoulder injury. OWCP terminated it after she declined a temporary modified carrier assignment. The physician OWCP consulted and her treating surgeon disagreed about whether she could perform the offered duties. The Board…

December 27, 2022 ·ECAB
Vacated
COMM

M.M. and Department of Veterans Affairs, West Los Angeles VA Medical Center, Los Angeles, CA

Board upholds denial of VA employee's fall injury claim (ECAB 20-1538)

M.M., a VA program support assistant, fell in his office while reaching for dropped keys. He later reported neck, back, and other symptoms and argued that the fall aggravated his spinal conditions. OWCP accepted the fall but denied the injury claim. The Board found that the physicians had not…

December 27, 2022 ·ECAB
Affirmed
COMM

Gloria S. Hale on behalf of the Estate of James L. Sheppard v. Beatrice Pocahontas Company

Hale for Sheppard v. Beatrice Pocahontas (BRB 21-0574 BLA): miner's award affirmed

James Sheppard's daughter continued his black lung claim for his estate after his death. The judge credited at least fifteen years of qualifying coal mine work and the employer's concession that Sheppard had a totally disabling respiratory impairment, then applied the fifteen-year presumption. The…

December 23, 2022 ·BRB
Affirmed
COMM

Eugene Reynolds v. Sea B Mining Company

Reynolds v. Sea B Mining (BRB 21-0524 BLA): disability opinion returned for review

Eugene Reynolds worked in coal mining for at least twenty-eight years and appealed a denial of benefits without a lawyer. The judge found that breathing and blood-gas tests did not establish total disability and discounted a doctor's contrary opinion. The Board upheld the findings about the tests…

December 23, 2022 ·BRB
Remanded
COMM

Office of Federal Contract Compliance Programs, USDOL v. WMS Solutions, LLC

Secretary remands discrimination remedies for fuller relief

WMS Solutions supplied demolition, lead, and asbestos-mitigation workers on a federal construction project. The company had been found liable for discriminatory hiring, hours, and compensation, and for failing to maintain a workplace free of harassment and coercion. The Secretary of Labor reviewed…

December 23, 2022 ·DOL ARB
Remanded
COMM

D.N. and U.S. Postal Service, Grapevine Post Office, Coppell, TX

Board upholds denial of postal carrier's wrist and back claim (ECAB 22-1223)

D.N., a rural letter carrier, fell on a walkway while working and reported worse wrist and back symptoms. OWCP accepted the fall and recorded diagnoses but denied the claim for lack of medical causation. The Board found that the physician notes named wrist and back conditions without explaining…

December 23, 2022 ·ECAB
Affirmed
COMM

C.D. and Department of Agriculture, Forest Service, Albuquerque, NM

Board orders medical review of Forest Service worker's knee claim (ECAB 22-1191)

C.D., a Forest Service engineering technician, reported twisting his left knee while climbing a wet slope at work. OWCP accepted the incident but denied his injury claim for lack of medical causation. His orthopedic surgeon explained how the twisting force could tear the meniscus and affect…

December 23, 2022 ·ECAB
Remanded
COMM

K.C. and Department of Veterans Affairs, Edward Hines, Jr. VA Medical Center, Hines, IL

Board orders fresh review of VA technician's COVID-19 pay claim (ECAB 22-1066)

K.C., a VA pathology technician, claimed continuation of pay after testing positive for COVID-19. OWCP denied the request because it found she filed her injury form more than 30 days after the reported work exposure. The Board found that OWCP had not applied its COVID-19 guidance, which treats the…

December 23, 2022 ·ECAB
Remanded
COMM

Nathan Fraker v. Triple Canopy

Fraker v. Triple Canopy (BRB 21-0511): ongoing disability dispute returned to judge

Nathan Fraker sought benefits after injuries he reported from two falls while working for Triple Canopy in Afghanistan. The employer paid temporary total disability benefits and agreed to authorize shoulder surgery, but Fraker also asked for an order on his continuing disability benefits. A judge…

December 22, 2022 ·BRB
Remanded
COMM

Carolyn V. Wiles v. Mettiki Coal Corporation and MAPCO, Incorporated

Wiles v. Mettiki Coal (BRB 21-0215 BLA): survivor benefits affirmed from May 2004

Carolyn Wiles pursued survivor benefits after the death of her husband Charles, a coal miner, and sought modification of an earlier denial. The judge found fifteen years of coal mine work and a totally disabling respiratory impairment at death, then applied the statutory presumption that…

December 22, 2022 ·BRB
Affirmed
COMM

Thomas D. Gaston v. Heritage Coal Company, LLC and Peabody Energy Corporation

Gaston v. Heritage Coal (BRB 20-0375 BLA): benefits and Peabody liability affirmed

Thomas Gaston had twenty-one years of qualifying coal mine work and a totally disabling respiratory impairment. The judge applied the fifteen-year presumption and awarded benefits. The Board upheld the judge's rejection of employer medical opinions that blamed smoking without adequately explaining…

December 22, 2022 ·BRB
Affirmed
COMM

Administrator, Wage and Hour Div., USDOL v. Graham and Rollins, Inc.

Employer denied attorney fees despite defeating H-2B enforcement

Graham and Rollins defeated an H-2B enforcement action seeking $16,560 in outbound transportation costs because the action was filed outside a five-year limitations period. An administrative law judge then awarded the employer $22,100 in attorney fees under the Equal Access to Justice Act. A Board…

December 22, 2022 ·DOL ARB
Procedural
COMM

D.W. and Department of Veterans Affairs, North Florida/South Georgia Health Care, Gainesville, FL

Board upholds refusal to reopen VA technician's shoulder claim (ECAB 22-1286)

D.W., a VA pharmacy technician, claimed a right shoulder injury from pulling down a canister at work. After OWCP denied the injury claim, she requested reconsideration and submitted more medical reports. The Board found that the reports did not specifically connect a diagnosed condition to the…

December 22, 2022 ·ECAB
Affirmed
COMM

C.H. and U.S. Postal Service, Post Office, Detroit, MI

Board upholds denial of postal worker's right shoulder claim (ECAB 22-1186)

C.H., a rural delivery specialist, felt right shoulder pain while delivering a package in March 2022. OWCP accepted the incident but denied the injury claim. The Board found that the orthopedic surgeon diagnosed shoulder conditions without explaining how this incident caused or aggravated them…

December 22, 2022 ·ECAB
Affirmed
COMM

S.F. and U.S. Postal Service, Post Office, Edison, NJ

Board upholds denial of postal handler's COVID-19 continuation of pay (ECAB 22-0929)

S.F., a postal mail handler, reported work exposure to COVID-19 on January 4, 2022. She filed her injury form on March 12. The Board treated January 4 as her last exposure date under OWCP's COVID-19 guidance and found that the form was filed more than 30 days later. It upheld the denial of…

December 22, 2022 ·ECAB
Affirmed

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.