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

James W. Petry v. Double S Mining, Incorporated and West Virginia Coal Workers' Pneumoconiosis Fund

Petry v. Double S Mining (BRB 21-0367 BLA): benefits award affirmed

James W. Petry won black lung benefits after a labor judge found 15.34 years of qualifying coal mine work and total respiratory disability. Double S Mining challenged the work history calculation and argued that its medical evidence rebutted the fifteen-year presumption. The Board upheld the…

September 27, 2022 ·BRB
Affirmed
COMM

Paul B. Bursky v. Barnes & Tucker Company

Bursky v. Barnes & Tucker Company (BRB 21-0278 BLA): benefits denial remanded

Paul B. Bursky sought to modify a denial of black lung benefits after seventeen years of underground coal mine work. The judge found that the evidence did not establish total respiratory disability and denied modification. The Board held that she misclassified two breathing tests as nonqualifying…

September 27, 2022 ·BRB
Remanded
COMM

Burrell N. Culbertson v. Clinchfield Coal Company

Culbertson v. Clinchfield Coal Company (BRB 21-0168 BLA): benefits award affirmed

Burrell N. Culbertson sought black lung benefits after 26.39 years of underground coal mine work. The judge found that his breathing tests and medical opinions established total respiratory disability, allowing him to invoke the fifteen-year presumption. Clinchfield Coal Company disputed the…

September 27, 2022 ·BRB
Affirmed
COMM

Collin Washington v. Jim Walters Resources, Incorporated

Washington v. Jim Walters Resources (BRB 21-0115 BLA): benefits denial remanded

Collin Washington sought to reopen a black lung benefits denial after nearly 36 years of underground coal mine work. The judge found that the new evidence did not establish a totally disabling respiratory impairment and denied modification. The Board held that the judge had improperly evaluated the…

September 27, 2022 ·BRB
Remanded
COMM

Billy J. Ridings v. Powell Mountain Coal Company

Ridings v. Powell Mountain Coal (BRB 20-0524 BLA): black lung benefits award affirmed

Billy Ridings sought black lung benefits after more than 25 years of coal mine work, including at least 15 years underground. The judge found that reliable breathing tests and a medical opinion established respiratory disability that prevented his heavy work as a mine foreman. Powell Mountain Coal…

September 27, 2022 ·BRB
Affirmed
COMM

Bauche v. Masimo Corp.

Most claims dismissed, blacklisting allegation remanded

John Bauche alleged that Masimo retaliated against him in violation of the Sarbanes-Oxley Act through his termination and other conduct connected to criminal and civil proceedings. The Board agreed that claims based on his 2016 termination and other older alleged actions were filed years after the…

September 27, 2022 ·DOL ARB
Mixed result
COMM

J.D. and U.S. Postal Service, Selma Post Office, Selma, AL

Board upholds denial of postal carrier's shoulder injury claim (ECAB 22-0971)

A rural postal carrier reported right shoulder and arm pain after delivering two large parcels. OWCP accepted that the December 2021 work incident occurred and later recognized diagnoses of right shoulder sprain and cervical radiculitis. The Board found that the physician who checked a form box…

September 27, 2022 ·ECAB
Affirmed
COMM

G.C. and Department of the Army, U.S. Army Corps of Engineers, Nashville Operations Division, Nashville, TN

Board upholds denial of Army Corps mechanic's knee injury claim (ECAB 22-0959)

An Army Corps equipment mechanic felt a pop in his right knee while stepping down from a forklift at work. OWCP accepted that the incident occurred, but denied his claim for a knee condition. The Board found that a physician's checked form did not explain how the incident caused the diagnosed…

September 27, 2022 ·ECAB
Affirmed
COMM

E.D. and Department of Veterans Affairs, Seattle VA Medical Center, Seattle, WA

Board returns Seattle VA worker's COVID-19 pay claim for date review (ECAB 22-0770)

A Seattle VA health aide and technician reported contracting COVID-19 while working around patients and their families. OWCP denied continuation of pay because he filed his injury form more than 30 days after the date he reported as the injury date. The Board found that OWCP had not applied its…

September 27, 2022 ·ECAB
Remanded
COMM

J.B. and Department of Veterans Affairs, Central Arkansas Veterans Healthcare System, North Little Rock, AR

Board returns Arkansas VA nurse's COVID-19 pay claim for date review (ECAB 22-0642)

A VA nurse in Arkansas reported COVID-19 after exposure to patients and coworkers. Her supervisor confirmed that the reported injury occurred during work, but OWCP denied continuation of pay because she filed her injury form more than 30 days after the reported injury date. The Board found that…

September 27, 2022 ·ECAB
Remanded
COMM

P.A. and Department of Homeland Security, U.S. Customs & Border Protection, Elizabeth, NJ

Board returns border protection agent's COVID-19 pay claim for date review (ECAB 22-0567)

A customs and border protection agent reported COVID-19 after exposure to coworkers and other people in his workplace. OWCP denied continuation of pay because he filed his injury form more than 30 days after the injury date he reported. The Board found that OWCP had not used its COVID-19 guidance…

September 27, 2022 ·ECAB
Remanded
COMM

B.D. and U.S. Postal Service, Post Office, Portland, OR

Board upholds denial of postal carrier's vehicle collision injury claim (ECAB 22-0503)

A Portland postal carrier reported neck symptoms and distress after another vehicle struck his mail truck. OWCP accepted that the collision occurred, but denied his injury claim. His physicians diagnosed neck and muscle strains and psychological conditions, including PTSD. The Board found that…

September 27, 2022 ·ECAB
Affirmed
COMM

H.M. and U.S. Postal Service, Whitehall Post Office, Whitehall, PA

Board sends postal clerk's emotional condition claim back for medical review (ECAB 22-0433)

A postal window clerk reported anxiety after a coworker confronted her during a dispute about helping customers at the service window. Statements from the coworker and supervisor corroborated the verbal confrontation. OWCP denied the claim without treating the incident as a compensable work factor…

September 27, 2022 ·ECAB
Remanded
COMM

F.F. and U.S. Postal Service, Post Office, Wilkes-Barre, PA

Board finds snowy mail route incident established and returns knee claim (ECAB 22-0266)

A postal letter carrier with a previously accepted left knee injury said his knee worsened while he walked through deep snow on a mail route. OWCP had denied the new claim because it found the March 2017 incident unproven. The Board found the carrier's account consistent with his later testimony…

September 27, 2022 ·ECAB
Remanded
COMM

G.C. and Department of Veterans Affairs, Audie L. Murphy Memorial Veterans' Hospital, San Antonio, TX

Board returns VA technician's COVID-19 pay claim for injury-date review (ECAB 21-1016)

A VA medical instrument technician contracted COVID-19 and was hospitalized. OWCP accepted his COVID-19 claim, but denied continuation of pay because his injury form was filed more than 30 days after the injury date it used. The Board found that OWCP had not applied its COVID-19 guidance for using…

September 27, 2022 ·ECAB
Remanded
ALJ

Secretary of Labor on behalf of George Rice v. Nally & Hamilton Enterprises

Truck-safety complaints supported temporary reinstatement

George Rice drove rock trucks at Nally & Hamilton's Meadow Branch Mine and repeatedly reported a broken air conditioner that made one truck dangerously hot. During the shift after an MSHA inspection, he also reported steering and brake problems in another truck and understood his foreman's…

September 26, 2022 ·Thomas P. McCarthy ·FMSHRC
Procedural
COMM

Herring v. South Central Florida Express

Appeal withdrawn after federal filing

Timothy Herring and Michael Lockmiller asked the Board to review an ALJ dismissal of their Federal Railroad Safety Act complaints. The Board issued a show-cause order questioning whether their petition for review was timely. The complainants then filed an original action in federal district court…

September 26, 2022 ·DOL ARB
Procedural
COMM

Petitt v. Delta Airlines, Inc.

Immediate review of publication order denied

After the Board affirmed AIR21 liability but remanded damages issues, the ALJ directed Delta to comply with an earlier order requiring distribution and posting of the liability decision. Delta sought immediate review, arguing that the enforcement order was an injunction, a partial final judgment…

September 26, 2022 ·DOL ARB
Procedural
COMM

Carter v. BNSF Railway Co.

No link between injury report and later discharge

Clyde Carter reported a workplace injury in 2007 and was discharged by BNSF in 2012 after internal investigations found dishonesty in his employment application and time reporting. An earlier ALJ had found retaliation, but the Eighth Circuit rejected that decision's chain-of-events causation…

September 26, 2022 ·DOL ARB
Affirmed
COMM

Petitt v. Delta Airlines, Inc.

Clarification and interlocutory review denied

The Board had affirmed Delta's AIR21 liability and back-pay award to Karlene Petitt but remanded after vacating awards for front pay and compensatory damages. Delta then argued that the ALJ was reading the remand too broadly by allowing discovery that could reach new retaliation allegations. The…

September 26, 2022 ·DOL ARB
Procedural
COMM

R.I. and U.S. Postal Service, Oshkosh Carrier Annex, Madison, WI

Board upholds denial of postal carrier's hand condition claim (ECAB 22-0913)

A rural letter carrier attributed thumb and hand symptoms to decades of sorting mail and opening mailboxes. The Board had earlier accepted those job duties as work factors and returned the case for medical review. On this appeal, it found that one physician linked thumb arthritis to work without…

September 26, 2022 ·ECAB
Affirmed
COMM

D.R. and U.S. Postal Service, Peyton Post Office, Peyton, CO

Board orders further medical review before postal worker's shoulder impairment rating (ECAB 22-0620)

A postal worker sought a schedule award after OWCP accepted a left shoulder strain from lifting a heavy parcel. Her treating physician rated permanent impairment, but OWCP's second opinion examiner found that a possible cervical condition still needed investigation before he could provide a rating…

September 26, 2022 ·ECAB
Remanded
COMM

S.M. and U.S. Postal Service, Northwest Dallas Post Office, Dallas, TX

Board dismisses appeal and late reconsideration petition (ECAB 22-0468 and 21-0449)

A postal employee tried to appeal what he described as an October 25, 2021 OWCP decision. The record contained no OWCP decision from that date or other final adverse decision within the Board's review period, so the Board dismissed the new appeal. It also treated his filing as a possible request to…

September 26, 2022 ·ECAB
Procedural
COMM

D.S. and U.S. Postal Service, Post Office, Waukegan, IL

Board orders specialist review of postal carrier's back injury claim (ECAB 22-0430)

A postal carrier reported low back symptoms after another vehicle struck her mail truck from behind. OWCP accepted that the collision occurred but denied her claim for a lumbar condition. Her treating neurologist explained why the collision might have aggravated conditions documented after an…

September 26, 2022 ·ECAB
Remanded
COMM

Y.M. and U.S. Postal Service, Post Office, Philadelphia, PA

Board upholds denial of postal carrier's neck condition claim (ECAB 22-0385)

A Philadelphia mail carrier reported neck, shoulder, and arm symptoms after long workdays carrying mail. OWCP accepted her work duties as factors in the claim but denied compensation for a cervical condition. The Board found that her treating physician's narrative reports repeated her belief that…

September 26, 2022 ·ECAB
Affirmed
COMM

D.S. and Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, NY

Board upholds refusal to add conditions to correctional officer's injury claim (ECAB 22-0323)

A correctional officer reported injury when a malfunctioning security gate abruptly stopped and lifted his vehicle at work. OWCP accepted lumbar radiculopathy and a resolved cervical ligament sprain but declined to add other back and right shoulder conditions. The Board found that medical reports…

September 26, 2022 ·ECAB
Affirmed
COMM

A.S. and Department of Homeland Security, U.S. Customs & Border Protection, San Diego, CA

Board upholds retirement offset debt but reverses reconsideration ruling (ECAB 22-0281)

A former customs officer received FECA wage-loss compensation and Social Security retirement benefits attributable to federal service for the same period without the required offset. The Board upheld OWCP's $24,839.41 overpayment calculation and found the officer was without fault. It also upheld…

September 26, 2022 ·ECAB
Mixed result
COMM

A.V. and Department of Justice, Bureau of Prisons, Washington, DC

Board reverses federal retirement overpayment finding (ECAB 21-0645)

A Bureau of Prisons employee elected retirement benefits through the Office of Personnel Management while receiving FECA wage-loss compensation. OWCP said she had been paid both benefits for part of December 2020 and January 2021 and demanded repayment of $1,572.18. The Board found proof that she…

September 26, 2022 ·ECAB
Vacated
COMM

C.B. and Department of Homeland Security, Transportation Security Administration, Austin, TX

Board upholds denial of TSA officer's shoulder schedule award (ECAB 22-0903)

A TSA screening officer sought a schedule award after OWCP accepted shoulder injuries from lifting a golf bag onto a screening table. OWCP asked for a physician's permanent impairment evaluation, but none was submitted. An earlier treatment report described shoulder motion and strength but did not…

September 23, 2022 ·ECAB
Affirmed
COMM

S.B. and Environmental Protection Agency, Chicago, IL

Board finds EPA employee's reconsideration request timely (ECAB 22-0758)

An EPA employee sought reconsideration after OWCP denied a claim arising from a work vehicle collision. OWCP treated her September 12, 2021 request as late because it was more than a year after its September 11, 2020 decision. The Board explained that the one-year deadline fell on a Saturday, so it…

September 23, 2022 ·ECAB
Remanded
COMM

N.M. and U.S. Postal Service, Sam Houston Post Office, Houston, TX

Board upholds denial of postal carrier's wage-loss claim after vehicle crash (ECAB 22-0753)

A Houston postal carrier sought wage-loss compensation after a vehicle struck her mail truck and OWCP accepted several shoulder, neck, back, and pelvic injuries. Her physician's July report said she could perform medium work, while a form completed the same day said she was totally disabled. Later…

September 23, 2022 ·ECAB
Affirmed
COMM

R.O. and U.S. Postal Service, Post Office, Roosevelt, NY

Board upholds refusal to reopen postal worker's knee claim (ECAB 22-0718)

A postal carrier's claim for a left knee injury had been denied because the medical evidence did not establish a link to a work incident. He requested reconsideration after the Board upheld the denial, submitting a duplicate of an earlier physician's report. OWCP also received a supervisor's…

September 23, 2022 ·ECAB
Affirmed
COMM

A.W. and Department of Veterans Affairs, Sheridan VA Medical Center, Sheridan, WY

Board upholds denial of VA social worker's right wrist claim (ECAB 22-0265)

A VA social worker attributed right wrist symptoms and recurrent carpal tunnel syndrome to extensive typing at work. OWCP accepted her keyboarding duties as work factors but denied the claim. The Board found that two physicians diagnosed carpal tunnel syndrome without explaining its cause. Another…

September 23, 2022 ·ECAB
Affirmed
COMM

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

Board upholds refusal to reconsider an earlier reconsideration denial (ECAB 22-0216)

A former postal distribution clerk had repeatedly sought review of a denied back condition claim. OWCP denied a 2020 reconsideration request as untimely and lacking clear evidence of error. She then asked OWCP to reconsider that nonmerit denial, arguing an earlier mailing date. The Board held that…

September 23, 2022 ·ECAB
Affirmed
COMM

R.G. and U.S. Postal Service, Post Office, Kearny, NJ

Board orders combined review of postal carrier's arm impairment (ECAB 21-0006)

A postal carrier had accepted conditions involving her wrists, cervical spine, and right arm in separate claim files. OWCP awarded two percent permanent impairment of the right upper extremity and zero percent of the left. The Board found that a later right arm injury file should be reviewed with…

September 23, 2022 ·ECAB
Remanded
COMM

D.T. and Department of Homeland Security, Transportation Security Administration, Massachusetts Port Authority, East Boston, MA

Board upholds overpayment but lowers collection rate (ECAB 20-1482)

D.T. worked as a transportation security officer and received wage-loss compensation for an accepted back condition. OWCP reduced her compensation after finding that she could earn wages in a customer service position, but it continued to pay her at the former rate for two payment periods. The…

September 23, 2022 ·ECAB
Mixed result
COMM

L.P. and U.S. Postal Service, Post Office, Plainview, NY

Board orders combined review of postal clerk's shoulder claims (ECAB 20-1158)

A postal clerk filed an occupational disease claim for right shoulder conditions after an earlier work injury to the same shoulder. OWCP denied the new claim, finding insufficient medical evidence linking the conditions to her work. The Board found that the two claim files had to be combined…

September 23, 2022 ·ECAB
Remanded
COMM

P.T. and Department of Veterans Affairs, Salem VA Medical Center, Salem, VA

Board upholds denial of nurse's emotional condition claim (ECAB 20-0825)

A VA licensed practical nurse sought compensation for an emotional condition that he attributed to workplace treatment by supervisors and a coworker. He alleged harassment, discrimination, and errors in personnel decisions. The Board found that he had not shown error or abuse in the administrative…

September 23, 2022 ·ECAB
Affirmed
COMM

ISP Freetown Fine Chemicals, Inc.

In re ISP Freetown Fine Chemicals, Inc. (EAB RCRA 3008 Appeal No. 22-(01)): EAB declined sua sponte review

On August 15, 2022, Administrative Law Judge Christine Donelian Coughlin issued an Initial Decision in the proceeding involving ISP Freetown Fine Chemicals, Inc. The order says the ALJ granted the respondent's motion for accelerated decision and denied EPA's motion for accelerated decision. Neither…

September 22, 2022 ·EPA EAB
Procedural
COMM

Jamek Engineering Services, Inc.

Back wages and three-year debarment affirmed

Jamek Engineering painted apartments under a federally funded construction subcontract governed by Davis-Bacon Related Act labor standards. After an earlier Board remand, the ALJ used Jamek's internal payroll journal to find $2,108.88 still owed to apprentices, found that Jamek had not intended to…

September 22, 2022 ·DOL ARB
Affirmed
COMM

S.B. and U.S. Postal Service, Post Office, Santa Clarita, CA

Board upholds denial of letter carrier's injury claim and reconsideration request (ECAB 22-0965)

A city letter carrier reported that her left ankle rolled during work, causing her to fall and injure her left knee and right wrist. OWCP accepted that the incident occurred but denied the claim because the medical reports did not explain how it caused the diagnosed conditions. The Board agreed…

September 22, 2022 ·ECAB
Affirmed
COMM

M.A. and U.S. Postal Service, Post Office, Poolesville, MD

Board upholds denial of rural carrier's wage-loss claim (ECAB 22-0768)

A rural carrier assistant injured his back at work, and OWCP accepted a lumbar strain and temporary aggravation of disc disease. He sought compensation for time away from work between June 2020 and May 2021. His treating doctors said he could not work, but the Board found that their reports did not…

September 22, 2022 ·ECAB
Affirmed
COMM

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

Board orders impartial examination of dentist's leg impairment (ECAB 22-0649)

A VA dentist sought a schedule award for permanent impairment of both legs from accepted spinal conditions. Her doctor rated each leg at nine percent impairment, while an OWCP examiner and medical adviser found no ratable impairment. The Board found a conflict in the medical opinions about sensory…

September 22, 2022 ·ECAB
Remanded
ALJ

Secretary of Labor v. Geneva Rock Products, Inc.

Seven-month stay lifted despite possible criminal investigation

MSHA issued four violations after investigating a fatal accident at Geneva Rock's Hansen Pit, and the civil penalty case was stayed while possible individual and criminal investigations remained unresolved. After seven months, the Secretary moved to lift the stay because MSHA would not pursue…

September 21, 2022 ·David P. Simonton ·FMSHRC
Procedural
COMM

Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Southeast Fisheries Science Center; American Federation of Government Employees, Local 2875; and National Association of Independent Labor

Southeast Fisheries Science Center representation cases (FLRA AT-RP-21-0010): Authority upholds reorganized AFGE unit

NOAA reorganized the Southeast Fisheries Science Center by eliminating geographic laboratories as suborganizations and realigning employees into functional divisions. A regional director found that NAIL's former Panama City and Beaufort laboratory units no longer shared the organizational structure…

September 21, 2022 ·FLRA
Upheld
COMM

Petitt v. Delta Airlines, Inc.

Attorney-fee petition dismissed as premature

Karlene Petitt requested $35,490.79 in fees and expenses for work before the Board, plus statutory interest, after the Board affirmed AIR21 liability and back pay but remanded other damages. Delta argued that the fees should be reduced because Petitt had obtained only part of the relief she sought…

September 21, 2022 ·DOL ARB
Procedural
COMM

L.S. and U.S. Postal Service, Processing & Distribution Center, Hazelwood, MO

Board orders further medical review of mail clerk's schedule award (ECAB 22-0311)

A mail processing clerk sought a schedule award after OWCP accepted cervical radiculopathy. Later medical opinions left open which other conditions were work related, whether they caused permanent impairment, and when she reached maximum medical improvement. OWCP's medical adviser recommended…

September 21, 2022 ·ECAB
Remanded
COMM

L.D. and U.S. Postal Service, Waterford Post Office, Waterford, WI

Board upholds initial denial but orders review of new wrist evidence (ECAB 22-0214)

A city carrier sought compensation for wrist and elbow conditions that she attributed to repetitive mail duties. The Board agreed that the evidence before OWCP's initial denial did not establish a medical link to the accepted work factors. On reconsideration, however, her hand surgeon submitted a…

September 21, 2022 ·ECAB
Mixed result
COMM

A.S. and U.S. Postal Service, City Colleges of Chicago Post Office, Chicago, IL

Board upholds postal clerk's existing arm impairment awards (ECAB 20-1068)

A retired postal distribution clerk sought larger schedule awards for impairment involving both arms. Her accepted conditions included carpal tunnel syndrome, a right ulnar lesion, and temporary shoulder impingement. The Board credited a specialist's range of motion measurements and OWCP's medical…

September 21, 2022 ·ECAB
Affirmed
COMM

Bremerton Metal Trades Council and United States Department of the Navy, Trident Submarine Refit Facility, Bangor, Washington

Bremerton Metal Trades Council and Trident Refit Facility (FLRA 0-AR-5767): Authority dismisses defective exceptions

The Bremerton Metal Trades Council filed exceptions to an arbitration award but did not serve a complete copy on the Navy's designated representative. The Union then mislabeled a response, omitted the electronic filing form, and failed to include required service statements in later responses…

September 21, 2022 ·FLRA
Procedural
COMM

Gloss v. Tata Chemicals North America

Partial summary ruling not immediately reviewable

Rodney Gloss alleged retaliation under the Clean Air Act and Sarbanes-Oxley Act. The ALJ granted summary decision on the SOX claim and several CAA theories but left CAA claims involving termination and severance for a hearing. Gloss appealed before the ALJ had resolved the entire case and did not…

September 20, 2022 ·DOL ARB
Procedural
COMM

K.S. and U.S. Postal Service, Post Office, Bellmawr, NJ

Board orders combined review of carrier's knee injury claims (ECAB 22-0960)

A city carrier reported right knee pain after stepping out of a postal van. OWCP accepted that the incident occurred but denied her claim for lack of medical evidence connecting it to the diagnosed conditions. She had two earlier knee injury files, one involving accepted bilateral conditions. The…

September 20, 2022 ·ECAB
Remanded
COMM

D.F. and U.S. Postal Service, Jamaica Main Post Office, Jamaica, NY

Board orders medical review of carrier's shoulder claim (ECAB 22-0845)

A mail carrier sought compensation for a left shoulder condition she linked to driving and other work activities, with earlier shoulder claims also in her record. OWCP denied the claim after accepting that the February 8, 2019 incident occurred. Her surgeon later said that driving and repetitive…

September 20, 2022 ·ECAB
Remanded
COMM

D.T., claiming as widow of W.T., and Department of Transportation, Federal Aviation Administration, Philadelphia International Airport, PA

Board orders further development of air traffic controller survivor claim (ECAB 22-0671)

D.T. sought survivor benefits after her husband, a former air traffic controller, died in February 2021. OWCP had accepted several conditions arising from his employment, and she submitted medical opinions concerning a possible connection to his death. The Board did not decide whether the evidence…

September 20, 2022 ·ECAB
Remanded
COMM

J.F. and U.S. Postal Service, Post Office, Houston, TX

Board upholds denial of late reconsideration request (ECAB 22-0572)

A postal mail processor sought to reopen a claim for a right shoulder injury reported in 2000. His latest reconsideration request came more than a year after OWCP's last merits decision in 2002. The Board found that an unsigned medical note and later MRI reports did not show clear evidence that…

September 20, 2022 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Lockport Carrier Annex, Lockport, IL

Board orders further medical review of carrier's knee injury (ECAB 22-0566)

A city carrier slipped while delivering mail and reported a left knee injury. OWCP accepted the incident but denied his claim because it found the medical evidence insufficient to establish causation. An orthopedic surgeon described how the twisting and impact could have caused the diagnosed…

September 20, 2022 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, Granbury Post Office, Granbury, TX

Board reverses termination of carrier's wage-loss and medical benefits (ECAB 22-0376)

A city carrier received wage-loss and medical benefits for accepted shoulder and knee injuries. OWCP ended those benefits after a second opinion examiner said the conditions had resolved and she could return to work. The Board found that the examiner gave only brief conclusions without explaining…

September 20, 2022 ·ECAB
Vacated
COMM

J.C. and Department of Veterans Affairs, Veterans Benefits Administration, Lakewood, CO

Board orders inquiry into icy steps at leased VA workplace (ECAB 21-0941)

A VA realty specialist said he slipped on icy steps while walking from a parking lot to his duty station at the start of his shift. OWCP denied his injury claim because a private company owned and maintained the area. The Board explained that ownership alone does not decide whether a place is part…

September 20, 2022 ·ECAB
Remanded
COMM

Chester K. Cline v. Mingo Logan Coal Company

Cline v. Mingo Logan Coal (BRB 21-0468, 21-0578, and 22-0003): benefits affirmed, expense award corrected

Chester K. Cline received black lung benefits after a judge found that he had complicated pneumoconiosis from 26 years of underground coal mine work. Mingo Logan Coal appealed the benefits ruling and two attorney fee orders. The Board rejected the employer's challenges to the judge's appointment…

September 19, 2022 ·BRB
Modified
COMM

Diana K. Faulkner, widow of Dwight D. Smith, v. Banner Coal & Land Company and West Virginia Coal Workers' Pneumoconiosis Fund

Faulkner v. Banner Coal (BRB 21-0584 BLA): survivor benefit denial reversed

Diana K. Faulkner sought black lung survivor benefits after the death of Dwight D. Smith, from whom she was divorced. The judge found that Faulkner was a surviving divorced spouse but denied benefits because she did not meet the dependency requirement. The Board held that court orders requiring…

September 19, 2022 ·BRB
Vacated

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.