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

S.K. and U.S. Postal Service, Saint Louis Post Office, St. Louis, MO

Board denies postal worker's collision injury claim (ECAB 22-0636)

A postal carrier reported being rear ended while stopped in his work vehicle. His doctor described a head and leg injury and listed a motor vehicle accident but did not identify a firm medical diagnosis. The Board affirmed OWCP's denial of the claimed condition.

October 27, 2022 ·ECAB
Affirmed
COMM

R.G. and Department of Veterans Affairs, Sepulveda VA Medical Center, Sepulveda, CA

Board orders full rating of VA worker's foot impairment (ECAB 22-0625)

A VA worker sought a schedule award for permanent right leg impairment. OWCP's medical adviser rated complex regional pain syndrome but did not address the accepted right foot metatarsalgia condition. The Board set aside the denial and ordered a complete impairment evaluation.

October 27, 2022 ·ECAB
Remanded
COMM

V.Y. and Department of the Army, Walter Reed National Military Medical Center, Bethesda, MD

Board denies Army worker's injury claim without usable medical records (ECAB 22-0550)

An Army medical center employee claimed an injury from an accepted July 1, 2021 work incident. OWCP received unsigned and illegible medical records that could not be attributed to a physician. The Board found no qualified report diagnosing a condition linked to the incident and affirmed the denial.

October 27, 2022 ·ECAB
Affirmed
COMM

T.B. and Department of the Army, Army Medical Command, Fort Hood, TX

Board orders explanation of Army worker's wage loss denial (ECAB 22-0360)

An Army employee sought wage loss compensation and submitted claim forms and medical evidence. OWCP denied the requests without findings on the medical evidence or a clear explanation of defects in the forms. The Board set aside the denial and directed OWCP to issue a decision with findings and…

October 27, 2022 ·ECAB
Remanded
COMM

F.V. and U.S. Postal Service, Post Office, Hartford, CT

Board upholds denial of postal worker's cervical injury claim (ECAB 22-0138)

A postal motor vehicle operator reported neck and shoulder symptoms after pulling down a dock door at work. OWCP accepted that the incident occurred but denied his claim because the medical evidence did not establish that it caused a diagnosed cervical condition. The Board affirmed. His physician…

October 27, 2022 ·ECAB
Affirmed
COMM

L.H. and U.S. Postal Service, Processing & Distribution Center, Champaign, IL

Board reverses reduction of postal worker's wage loss benefits (ECAB 21-0244)

A postal mail handler received wage loss compensation for an accepted right shoulder injury. OWCP reduced her benefits based on the wages it said she could earn as a telemarketing solicitor. The Board reversed the reduction. OWCP knew she had a preexisting bipolar condition but did not evaluate…

October 27, 2022 ·ECAB
Vacated
COMM

Billy O. Cresong v. Eastern Associated Coal, LLC

Cresong v. Eastern Associated Coal (BRB 21-0543 BLA): Black lung benefits affirmed

Billy Cresong received black lung benefits after the judge found complicated pneumoconiosis arising from 33 years of coal mine employment. Eastern Associated Coal and its self-insurer, Peabody Energy, did not contest those benefit findings on appeal. They argued that Peabody's payment liability had…

October 26, 2022 ·BRB
Affirmed
COMM

James R. Clark v. Dominion Coal Corporation

Clark v. Dominion Coal (BRB 20-0264 BLA): Attorney fee awarded

James Clark's lawyers requested $950 for their work before the Board defending his black lung benefits award. Dominion Coal objected that the requested hourly rates were not based on the local market. The Board reviewed past fee awards, found the requested rates reasonable, and accepted the…

October 26, 2022 ·BRB
Procedural
COMM

Richardson v. BNSF Railway Co.

Appeal dismissed after two ignored briefing orders

Ralph Richardson appealed the dismissal of his Federal Railroad Safety Act complaint against BNSF Railway Company. The administrative law judge had found that his complaint was filed too late. Richardson then missed the Board's September 9 deadline for his opening brief. The Board gave him until…

October 26, 2022 ·DOL ARB
Procedural
COMM

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

Board dismisses postal worker's late appeal (ECAB 23-0016)

A postal worker appealed an OWCP decision issued January 19, 2022. She filed with the Board on October 6, 2022, after the 180-day appeal deadline. The Board found no supported compelling circumstances explaining the delay. It dismissed the appeal for lack of jurisdiction and did not decide the…

October 26, 2022 ·ECAB
Procedural
COMM

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

Board dismisses VA employee's late appeal (ECAB 22-1380)

A VA employee appealed an OWCP decision issued September 22, 2021. She filed with the Board on September 20, 2022, well after the 180-day appeal deadline of March 21, 2022. The Board found no supported compelling circumstances explaining the delay. It dismissed the appeal for lack of jurisdiction…

October 26, 2022 ·ECAB
Procedural
COMM

C.S. and U.S. Postal Service, Lake Forest Post Office, Jacksonville, FL

Board returns postal worker's late reconsideration request for an explained decision (ECAB 22-1080)

A postal carrier sought reconsideration of an OWCP decision concerning a claimed recurrence of disability after an accepted vehicle injury. The Board agreed that her March 2022 request came more than one year after the last merits decision. OWCP had received additional medical evidence but did not…

October 26, 2022 ·ECAB
Mixed result
COMM

T.W. and Department of Transportation, Federal Aviation Administration, Philadelphia, PA

Board upholds denial of air traffic controller's continuation of pay (ECAB 22-0947)

An FAA air traffic controller reported COVID-19 exposure while training another controller and sought continuation of pay for time away from work. He identified December 15, 2021 as the exposure date but filed his injury form on January 26, 2022. The Board affirmed OWCP's denial because he filed…

October 26, 2022 ·ECAB
Affirmed
COMM

S.W. and U.S. Postal Service, Post Office, South Bend, IN

Board orders impartial examination for postal worker's impairment claim (ECAB 22-0917)

A postal mail carrier sought a schedule award for permanent impairment of her legs after an accepted lumbar sprain. Her physician found sensory and motor deficits and rated eight percent impairment in each leg. An OWCP referral physician found no ratable deficits. The Board found an unresolved…

October 26, 2022 ·ECAB
Remanded
COMM

D.S. and Department of Veterans Affairs, Wilmington VA Medical Center, Wilmington, DE

Board upholds continuation of pay denial for VA nurse (ECAB 22-0761)

A VA nurse reported contracting COVID-19 at work on December 27, 2021 and sought continuation of pay. She submitted an OSHA injury report in January but filed the required FECA injury form on February 17, 2022. The Board affirmed the denial because the FECA form came more than 30 days after the…

October 26, 2022 ·ECAB
Affirmed
COMM

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

Board orders further review of postal carrier's knee claim (ECAB 22-0730)

A postal carrier attributed arthritis in both knees to decades of walking, climbing stairs, and carrying mail. OWCP denied his occupational disease claim for insufficient proof of causation. His orthopedic surgeon described how the work duties may have worsened the condition. The Board found that…

October 26, 2022 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, Post Office, Gulf Shores, AL

Board upholds continuation of pay denial for postal custodian (ECAB 22-0666)

A postal custodian reported COVID-19 exposure at work on January 3, 2022 and sought continuation of pay. She filed the required injury form on March 8, 2022. The Board affirmed OWCP's denial because that filing came more than 30 days after the reported exposure date. The decision addresses…

October 26, 2022 ·ECAB
Affirmed
COMM

M.D. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Phoenix, Phoenix, AZ

Board returns prison employee's impairment claim for combined file review (ECAB 22-0559)

A federal prison cook foreman had two accepted back injury claims involving sciatica. OWCP awarded additional right leg impairment under one claim, relying in part on evidence from the older file. The Board found that OWCP had not combined the related files, as the hearing representative had…

October 26, 2022 ·ECAB
Remanded
COMM

J.D. and Department of Veterans Affairs, Michael E. DeBakey Veterans Affairs Medical Center, Houston, TX

Board upholds refusal to reopen VA employee's claim (ECAB 21-1083)

A VA employee sought reconsideration after OWCP denied her work related emotional condition claim for lack of a detailed account of the alleged employment factors. She submitted medical reports concerning physical work restrictions. The Board found those reports did not address whether the claimed…

October 26, 2022 ·ECAB
Affirmed
ALJ

Revolution Erecting, LLC

Precast-concrete collapse violations affirmed

Revolution Erecting installed precast hollow-core slabs at a residential construction project in Naples, Florida. After the company directed that sixty cement bags be placed on the slabs, part of the structure collapsed and seriously injured two Revolution employees. The judge found that Revolution…

October 26, 2022 ·Dennis L. Phillips ·OSHRC
Citations affirmed
COMM

Lawrence J. Bowling v. B & W Resources, Incorporated

Bowling v. B & W Resources (BRB 21-0465 BLA): Disability finding returned to judge

Lawrence Bowling sought black lung benefits after at least 29 years of coal mine work. The judge denied the claim after finding he had not proved a totally disabling respiratory impairment. The Board held that the judge had not adequately compared a doctor's diagnosis of severe pulmonary impairment…

October 25, 2022 ·BRB
Remanded
COMM

Burlin Owens v. Island Creek Coal Company

Owens v. Island Creek Coal Company (BRB 21-0320 BLA): black lung benefits award affirmed

Burlin Owens sought black lung benefits after working as a coal miner in Virginia. The parties agreed that he had at least 15 years of qualifying mine work, and the judge found that medical opinions showed a respiratory impairment that prevented his usual medium to heavy work. Island Creek argued…

October 25, 2022 ·BRB
Affirmed
COMM

Burt Lee Melton v. Scotts Branch Coal Company

Melton v. Scotts Branch Coal Company (BRB 20-0523 BLA): reconsideration denied

Scotts Branch Coal Company asked the Benefits Review Board to reconsider its February 15, 2022 decision in Burt Lee Melton's black lung benefits case. The Board said the request was timely. No member of the Board panel voted to vacate or modify the earlier decision, so it denied reconsideration…

October 25, 2022 ·BRB
Procedural
COMM

Stevy C. Bailey v. Eastern Associated Coal Company

Bailey v. Eastern Associated Coal (BRB 20-0094 BLA): carrier liability affirmed

Stevy Bailey sought black lung benefits after 26 years of underground coal mine work. A judge found complicated pneumoconiosis arising from that work, applied the irrebuttable statutory presumption, and awarded benefits. Eastern Associated Coal and its carrier challenged the district director's…

October 25, 2022 ·BRB
Affirmed
COMM

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

Board dismisses Navy employee's late appeal (ECAB 22-1378)

A Navy employee appealed an OWCP decision issued October 26, 2020. She filed with the Board on September 22, 2022, after the 180-day deadline of April 24, 2021. The Board found no supported compelling circumstances explaining the delay. It dismissed the appeal for lack of jurisdiction and did not…

October 25, 2022 ·ECAB
Procedural
COMM

T.T. and U.S. Postal Service, Post Office, Old Hammond Station, Baton Rouge, LA

Board dismisses untimely postal appeal (ECAB 22-1361)

A postal employee appealed an OWCP merits decision two days after the Board's 180-day filing period had ended. The Board found no compelling circumstances that would excuse the late filing. It dismissed the appeal for lack of jurisdiction and did not review the underlying OWCP decision.

October 25, 2022 ·ECAB
Procedural
COMM

M.E. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Fort Worth, TX

Board grants withdrawal of prison employee's appeal (ECAB 22-1140)

A Bureau of Prisons employee appealed a July 2022 OWCP merits decision. The employee later asked to withdraw the appeal through counsel. The Board granted the request and dismissed the appeal. The order does not address the underlying compensation claim.

October 25, 2022 ·ECAB
Procedural
COMM

L.P. and Department of Veterans Affairs, Aleda E. Lutz VA Medical Center, Saginaw, MI

Board grants withdrawal of VA employee's appeal (ECAB 22-1120)

A VA employee appealed a June 2022 OWCP merits decision. The employee later asked to withdraw the appeal through counsel. The Board granted the request and dismissed the appeal. The order does not address the underlying compensation claim.

October 25, 2022 ·ECAB
Procedural
COMM

M.L. and U.S. Postal Service, Carmel Mountain Postal Store Post Office, San Diego, CA

Board remands postal worker's lumbar injury claim for further development (ECAB 22-0808)

A postal delivery specialist reported a back injury after twisting to enter a small delivery van. OWCP denied the claim, but the Board found that his physician gave a detailed explanation connecting the incident to lumbar sprain, disc displacement, and radiculopathy. The Board said that opinion did…

October 25, 2022 ·ECAB
Remanded
COMM

D.H. and U.S. Postal Service, Modesto Main Post Office, Modesto, CA

Board upholds denial of postal carrier's disability compensation claim (ECAB 22-0807)

A city carrier with accepted lumbar and left hip injuries sought wage loss compensation for a period in 2015. The Board found that his doctors did not provide a reasoned medical explanation connecting the claimed dates of disability to those accepted injuries. One doctor's report covered a…

October 25, 2022 ·ECAB
Affirmed
COMM

V.B. and Department of the Navy, Puget Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA

Board upholds denial of shipyard worker's hearing loss claim (ECAB 22-0799)

A retired Navy shipyard employee sought compensation for hearing loss he attributed to workplace noise. OWCP accepted his noise exposure but denied the claim because the medical evidence did not link it to his hearing loss. A physician who examined him found bilateral hearing loss and tinnitus but…

October 25, 2022 ·ECAB
Affirmed
COMM

B.M. and U.S. Postal Service, Four Mile Station Post Office, Racine, WI

Board grants withdrawal of postal employee's appeal (ECAB 22-0741)

A postal employee appealed a February 2022 OWCP decision. Before the Board decided the appeal, the employee asked to withdraw it. The Board granted the request and dismissed the appeal. The order does not address the merits of the OWCP decision.

October 25, 2022 ·ECAB
Procedural
COMM

C.C. and U.S. Postal Service, Deltona Pines Post Office, Deltona, FL

Board upholds denial of postal carrier's back injury claim (ECAB 22-0609)

A postal letter carrier reported lower back pain after turning while holding a parcel at work. OWCP accepted the May 2018 incident but denied his injury claim because the medical evidence did not establish that it caused a diagnosed condition. Several physicians diagnosed lumbar conditions or…

October 25, 2022 ·ECAB
Affirmed
COMM

D.R. and Department of Homeland Security, Immigration & Customs Enforcement, Laredo, TX

Board upholds denial of investigator's late reconsideration request (ECAB 22-0556)

A federal criminal investigator reported exposure to blood while helping people injured at a crime scene. OWCP denied his compensation claim in December 2020 because the submitted medical evidence did not identify a diagnosed condition related to the exposure. He sought reconsideration in January…

October 25, 2022 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Post Office, Las Vegas, NV

Board upholds denial of postal custodian's shoulder and wrist injury claim (ECAB 22-0143)

A postal custodian reported shoulder and wrist pain after cleaning mirrors and wringing out mops at work. OWCP accepted the January 2021 work incident but denied her injury claim for lack of medical proof linking it to an upper extremity condition. The Board found that one physician repeated her…

October 25, 2022 ·ECAB
Affirmed
COMM

United States Department of Defense, Defense Logistics Agency (Agency) and American Federation of Government Employees, Council 169 (Union)

Defense Logistics Agency and AFGE Council 169 (FLRA 0-AR-5633): Arbitration award vacated as moot

The Defense Logistics Agency and the union disputed whether the agency had to bargain before implementing three executive orders on federal workforce matters. An arbitrator found that two of the orders required bargaining over procedures and appropriate arrangements. While the agency's exceptions…

October 25, 2022 ·FLRA
Set aside
COMM

Ramos v. Globant S.A.

Withdrawal granted after time allowed for a federal court filing

Camilo José Sánchez Ramos appealed dismissal of his Sarbanes-Oxley whistleblower claim against Globant. He then asked to withdraw the appeal because he wanted to pursue a federal district court action, but he had not filed that action. The Board explained that a qualifying court filing required no…

October 24, 2022 ·DOL ARB
Procedural
COMM

M.L. and U.S. Postal Service, Post Office, Rocky Mount, NC

Board upholds refusal to reopen postal worker's spine claim (ECAB 22-0987)

A mail handler sought compensation for cervical and lumbar spine conditions she attributed to years of lifting, pushing, and pulling mail. OWCP denied the claim and later refused to reopen it after she submitted another letter from her physician. The Board found that the new letter was…

October 24, 2022 ·ECAB
Affirmed
COMM

B.G. and Department of Homeland Security, Immigration & Customs Enforcement, Washington, DC

Board dismisses appeal from decision OWCP issued during an earlier appeal (ECAB 22-0825)

A deportation officer appealed OWCP's denial of his emotional condition claim. While his earlier appeal was pending before the Board, OWCP issued another decision denying the same claim, and he appealed that decision too. The Board held that OWCP had no jurisdiction to decide the issue during the…

October 24, 2022 ·ECAB
Procedural
COMM

R.C. and U.S. Postal Service, Norfolk Processing & Distribution Center, Norfolk, VA

Board upholds refusal to reopen postal worker's recurrence claim (ECAB 22-0612)

A postal mail processing clerk with an accepted 2011 back sprain sought compensation for a later recurrence of disability. OWCP denied the recurrence claim, and the clerk asked it to reconsider. He submitted a new lumbar MRI scan, but the Board found that the scan did not address whether his…

October 24, 2022 ·ECAB
Affirmed
COMM

D.O. and Department of Homeland Security, U.S. Customs & Border Protection, U.S. Border Patrol, Olmito, TX

Board upholds denial of border patrol agent's hearing loss claim (ECAB 22-0557)

A border patrol agent claimed hearing loss from noise during quarterly firearms qualifications. OWCP asked for more information about his exposure, but he did not answer its questionnaire or provide further details. The Board found that the record did not adequately describe the duration and…

October 24, 2022 ·ECAB
Affirmed
COMM

J.P., claiming as widower of T.P., and Department of Veterans Affairs, Dwight D. Eisenhower VA Medical Center, Leavenworth, KS

Board orders a clearer medical opinion on VA employee's survivor claim (ECAB 22-0512)

A former VA housekeeping aide died after COVID-19 pneumonia and respiratory failure. Her widower sought survivor benefits based on her accepted work-related aggravation of asthma. OWCP denied the claim after a second opinion physician said the accepted condition was not at least as likely as not a…

October 24, 2022 ·ECAB
Remanded
COMM

S.C. and Department of the Air Force, Air Force Reserve Officer Training Corps, Terre Haute, IN

Board sends ROTC cadet's collapse claim back for medical review (ECAB 22-0294)

An Air Force ROTC cadet collapsed after a required fitness run and filed a traumatic injury claim. OWCP denied the claim after finding that he had not established how the incident happened. The Board found that his account and his supervisor's statement established that the incident occurred during…

October 24, 2022 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, U.S. Postal Inspection Service, Potomac, MD

Board reverses rescission of postal employee's depression claim (ECAB 21-0124)

A Postal Inspection Service program specialist had an accepted claim for major depressive disorder related to work factors. OWCP later rescinded that acceptance, saying it had accepted the claim in error. The Board held that OWCP had not explained or supported the rescission and had improperly…

October 24, 2022 ·ECAB
Vacated
COMM

B.G. and Department of Homeland Security, Immigration & Customs Enforcement, Washington, DC

Board sends deportation officer's emotional condition claim back for investigation (ECAB 20-1613)

A deportation officer claimed a sleep disorder caused by psychological distress at work. OWCP denied the claim after finding that the substantiated events were not compensable factors of employment. On appeal, OWCP's Director asked for a remand because OWCP had not sought information from the…

October 24, 2022 ·ECAB
Remanded
COMM

L.R. and Department of Homeland Security, Transportation Security Administration, Southwest Florida International Airport, Fort Myers, FL

Board upholds denial of canine handler's overtime wage loss claim (ECAB 20-1488)

A transportation security specialist with an accepted left shoulder strain sought compensation for the loss of one hour of daily pay connected to caring for her assigned detection dog. The Board found that the pay was regularly scheduled overtime rather than administratively uncontrollable…

October 24, 2022 ·ECAB
Affirmed
COMM

N.D. and Department of the Treasury, Internal Revenue Service, Richmond, VA

Board confirms IRS employee's overpayment but returns waiver question (ECAB 22-0759)

An IRS employee received FECA wage-loss compensation and Social Security retirement benefits based partly on federal service during the same period. The Board agreed that the resulting overpayment was $10,914.04 and that she was without fault. OWCP had denied waiver of recovery after saying she had…

October 21, 2022 ·ECAB
Mixed result
COMM

S.R. and Department of the Army, Installation Management Command, Fort Campbell, KY

Board returns firefighter's COVID-19 continuation-of-pay claim for review (ECAB 22-0656)

An Army firefighter filed a claim after testing positive for COVID-19 and using leave while away from work. OWCP denied continuation of pay because it found that his injury report came more than 30 days after the injury. The Board found that OWCP had not applied its COVID-19 guidance, which treats…

October 21, 2022 ·ECAB
Remanded
COMM

L.M. and Department of Veterans Affairs, San Francisco VA Medical Center, San Francisco, CA

Board upholds denial of VA employee's wage-loss claim for hand condition (ECAB 22-0655)

A VA medical center employee had an accepted right thumb trigger finger claim and sought compensation for periods when she could not work or worked reduced hours. The Board found that the submitted medical records did not adequately explain how the accepted condition caused disability on the…

October 21, 2022 ·ECAB
Affirmed
COMM

S.H. and Department of Commerce, National Oceanic & Atmospheric Administration, National Marine Fisheries Services, Southwest Fisheries Science Center, Arcata, CA

Board finds fisheries biologist's workplace stress claim timely (ECAB 22-0610)

A federal fisheries biologist filed an occupational disease claim for a stress-related condition he attributed to workplace events. OWCP denied it as late because he knew of the claimed work connection years before he filed. The Board found that he alleged continuing exposure to the identified work…

October 21, 2022 ·ECAB
Remanded
COMM

B.P. and U.S. Postal Service, Post Office, Green River, WY

Board upholds refusal to revisit postal carrier's leg impairment award (ECAB 22-0553)

A postal carrier with accepted right foot and ankle conditions had received a schedule award for 20 percent permanent impairment of her right leg. She sought reconsideration and described continuing pain and limits on daily activities. The Board found that her arguments repeated material already in…

October 21, 2022 ·ECAB
Affirmed
COMM

P.B. and U.S. Postal Service, Post Office, Sturbridge, MA

Board upholds reduction of postal carrier's wage-loss benefits (ECAB 21-0768)

A rural postal carrier received wage-loss compensation after a work-related wrist injury. OWCP reduced her benefits after finding that she could earn $406.40 a week in a receptionist position. The Board found that the position fit her medical restrictions, that the vocational evidence showed it was…

October 21, 2022 ·ECAB
Affirmed
COMM

Administrator, Wage and Hour Div., USDOL v. Wyrick & Sons Pine Straw

Appeal dismissed after Administrator declines review

An administrative law judge ruled on remand that Wyrick & Sons Pine Straw was not subject to the Migrant and Seasonal Agricultural Worker Protection Act. The Wage and Hour Division's Administrator requested thirty more days to consider whether to seek Board review. The Board extended the filing…

October 20, 2022 ·DOL ARB
Procedural
COMM

McDowell v. Eagle Intermodal, Inc.

Appeal dismissed for missed briefing, later reopened

Kenneth McDowell appealed an administrative law judge's dismissal of his Surface Transportation Assistance Act complaint against Eagle Intermodal. The judge had found that he did not engage in protected activity. McDowell missed the Board's July 13 deadline for an opening brief. The Board then…

October 20, 2022 ·DOL ARB
Procedural
COMM

V.G. and U.S. Postal Service, Chicago International Service Center, Chicago, IL

Board upholds denial of second hearing on postal clerk's claim expansion (ECAB 22-0805)

A postal clerk with an accepted right shoulder injury sought to add left shoulder and thumb conditions to her claim. After a hearing representative upheld OWCP's denial of that expansion, she requested another hearing on the same issue. The Board held that she had no right to a second hearing and…

October 20, 2022 ·ECAB
Affirmed
COMM

L.R. and Department of Homeland Security, U.S. Customs and Border Protection, Calexico, CA

Board upholds denial of retired border agent's hearing claim (ECAB 22-0690)

A retired border patrol agent claimed tinnitus and hearing loss from years of firearms qualifications. OWCP asked for details about the alleged workplace noise, but he did not respond to its questionnaire. The Board found that the general reference to quarterly weapons qualifications did not…

October 20, 2022 ·ECAB
Affirmed
COMM

C.M. and Department of the Air Force, Travis Air Force Base, CA

Board sends Air Force firefighter's injury claim back for medical review (ECAB 22-0590)

An Air Force fire protection specialist reported abdominal and testicular pain after putting on protective gear and responding to emergencies at work. OWCP denied his claim without evaluating whether the medical evidence linked an injury to the incident. The Board found that his account, the…

October 20, 2022 ·ECAB
Remanded
COMM

B.F. and Department of Commerce, Bureau of the Census, Charlotte, NC

Board upholds suspension of Census employee's wage-loss benefits (ECAB 22-0585)

A Census Bureau field representative was receiving wage-loss benefits for accepted injuries. OWCP mailed her an EN-1032 form seeking information about employment and earnings during the previous 15 months and warned that benefits would be suspended if she did not return it within 30 days. The Board…

October 20, 2022 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Post Office, Louisville, KY

Board finds postal carrier's ankle incident established and orders medical review (ECAB 22-0450)

A postal carrier said she twisted her left ankle after her foot caught in a cracked driveway while delivering mail. OWCP denied her injury claim after finding the incident had not been established. The Board found her account consistent with the employer's acknowledgment and medical reports…

October 20, 2022 ·ECAB
Remanded
ALJ

Amazing Vitamins, LLC

Reconsideration denied and late contests dismissed

OSHA issued Amazing Vitamins numerous citations arising from inspections of its nutritional-supplement manufacturing facility, including later failure-to-abate and repeat items. The company filed notices of contest long after the 15-working-day deadlines and argued that settlement discussions, mail…

October 20, 2022 ·Dennis L. Phillips ·OSHRC
Procedural

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.