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

Virginia D. Smith v. Heritage Coal Company and Peabody Energy Corporation

Smith v. Heritage Coal (BRB 20-0147 and 20-0148 BLA): employment calculation remanded

Virginia Smith pursued her late husband's black lung claim and her own survivor claim. The judge awarded both after finding at least fifteen years of qualifying coal mine work and applying a presumption that the miner's total disability was due to pneumoconiosis. A Board majority held that the…

June 29, 2022 ·BRB
Remanded
COMM

S.C. and U.S. Postal Service, Post Office, San Diego, CA

Board dismisses postal worker’s late appeal (ECAB 22-0933)

A postal worker appealed an OWCP decision dated October 22, 2021. The 180-day appeal period ended April 20, 2022, but the appeal was filed May 31. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal without reviewing the underlying claim.

June 29, 2022 ·ECAB
Procedural
COMM

C.G. and Department of Veterans Affairs, VA Medical Center, Birmingham, AL

Board dismisses VA worker’s late appeal (ECAB 22-0928)

A VA medical center employee appealed an OWCP decision dated October 21, 2021. The 180-day appeal period ended April 19, 2022, but the appeal was filed May 23. The Board found no documented compelling circumstances explaining the late filing. It dismissed the appeal without deciding the underlying…

June 29, 2022 ·ECAB
Procedural
COMM

E.F. and U.S. Postal Service, Clover Post Office, Clovis, CA

Board dismisses late appeal from postal worker (ECAB 22-0889)

A postal worker appealed an OWCP decision dated November 1, 2021. The 180-day appeal period ended May 2, 2022, but the appeal was filed May 23. The Board found no documented compelling circumstances explaining the delay. It dismissed the appeal without reaching the underlying claim.

June 29, 2022 ·ECAB
Procedural
COMM

K.M. and U.S. Postal Service, Government Mails Annex Post Office, Washington, DC

Board grants postal worker’s request to withdraw appeal (ECAB 22-0414)

A postal worker appealed a November 16, 2021 OWCP decision. Before the Board ruled, the worker sent a letter requesting withdrawal. The Board granted that request and dismissed the appeal. The order leaves the underlying OWCP decision unreviewed.

June 29, 2022 ·ECAB
Procedural
COMM

E.H. and Department of Veterans Affairs, Bloomfield Veterans Center, East Orange, NJ

Board remands VA worker’s back claim for medical development (ECAB 22-0401)

A VA technology specialist reported back problems after heavy lifting at work. A physician explained how bending under heavy loads could increase disc pressure and contribute to a lumbar disc condition. The Board found that the report did not yet establish causation but raised an uncontroverted…

June 29, 2022 ·ECAB
Remanded
COMM

S.H. and U.S. Postal Service, Post Office, Merrifield, VA

Board upholds denial of postal carrier’s plantar fasciitis claim (ECAB 22-0391)

A postal carrier technician attributed plantar fasciitis to prolonged standing and walking while delivering mail. One physician checked a box saying work caused or aggravated it without explaining how. Another diagnosed the condition but offered no causation opinion. The Board found the evidence…

June 29, 2022 ·ECAB
Affirmed
COMM

D.O. and Department of the Treasury, Internal Revenue Service, Brookhaven, NY

Board remands IRS worker’s right foot claim for explanation (ECAB 22-0315)

An IRS tax examiner injured her right ankle in a work fall and later sought to add further right foot conditions. OWCP summarily denied the expansion request. The Board found that the decision did not explain its review of the claimed consequential injury or the evidence. It sent the case back for…

June 29, 2022 ·ECAB
Remanded
COMM

D.B. and U.S. Railroad Retirement Board, Chicago, IL

Board grants railroad worker’s appeal withdrawal (ECAB 22-0304)

A Railroad Retirement Board employee appealed a November 29, 2021 OWCP decision. Before the Board ruled, she asked to withdraw so she could pursue reconsideration before OWCP. The Board granted the request and dismissed the appeal. It did not decide the underlying compensation claim.

June 29, 2022 ·ECAB
Procedural
COMM

J.M. and Department of Veterans Affairs, Richmond VA Medical Center, Richmond, VA

Board upholds denial of VA worker’s disability recurrence claim (ECAB 22-0280)

A VA medical technologist fell at work in 2010 and later sought compensation for a claimed recurrence of disability beginning in March 2020. Her submitted physician report listed multiple diagnoses, including conditions OWCP had not accepted, but did not explain how the accepted injury caused the…

June 29, 2022 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Berkeley Detached Delivery Unit Post Office, Berkeley, CA

Board remands postal clerk’s knee claim for medical development (ECAB 22-0036)

A postal sales and distribution associate attributed knee problems to many years of standing on hard surfaces at work. Her physician discussed her duties, objective findings, and a possible link to cartilage breakdown. The Board found the reports insufficient to prove causation on their own, but…

June 29, 2022 ·ECAB
Remanded
COMM

F.C. and Department of the Air Force, Tinker Air Force Base, OK

Board upholds denial of Air Force worker’s lumbar claim (ECAB 21-1420)

An Air Force aircraft engine inspector reported back pain while lifting a ladder with a coworker. The Board had previously reviewed earlier evidence on the claim. In this appeal it found that later medical material still did not adequately explain how the accepted incident caused the diagnosed…

June 29, 2022 ·ECAB
Affirmed
COMM

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

Board upholds denial of added right knee condition (ECAB 21-1140)

A postal carrier had an accepted left knee condition and later sought to add right knee arthritis. His physician attributed the right knee problem to years of placing more weight on that leg. The Board found that the report did not adequately explain the medical mechanism connecting compensation…

June 29, 2022 ·ECAB
Affirmed
COMM

Keith T. Mielke v. Shamokin Filler Company, Incorporated

Mielke v. Shamokin Filler (BRB 21-0398 BLA): black lung benefits award affirmed

Keith Mielke worked for more than fifteen years in qualifying coal mine employment and claimed black lung benefits. The judge found a totally disabling respiratory impairment, which triggered a presumption that his disability was due to pneumoconiosis. The Board upheld the judge's choice to credit…

June 28, 2022 ·BRB
Affirmed
COMM

Kevin Brady v. Texas Terminal, LP

Brady v. Texas Terminal (BRB 21-0397): lost overtime may support partial disability benefits

Kevin Brady injured his back while working for Texas Terminal and later took a modified escort job at his earlier hourly rate. The judge denied disability benefits, finding no loss of earning capacity, but awarded $383.27 for authorized medical treatment. On Brady's appeal, the Board upheld the…

June 28, 2022 ·BRB
Remanded
COMM

Shirley Endicott, survivor of and on behalf of Delford Endicott v. Rainbow Mining Corporation

Endicott v. Rainbow Mining (BRB 21-0288 and 21-0289 BLA-A): survivor benefit start date corrected

Shirley Endicott pursued her late husband's black lung claim and a survivor claim against Rainbow Mining Corporation and its insurer. The judge awarded both claims after finding that the miner qualified for the fifteen-year presumption of disability due to pneumoconiosis and that the employer…

June 28, 2022 ·BRB
Modified
COMM

Shirley Endicott, survivor of and on behalf of Delford Endicott v. Rainbow Mining Corporation

Endicott v. Rainbow Mining (BRB 21-0288 and 21-0289 BLA-A): survivor benefit start date corrected

Shirley Endicott pursued her late husband's black lung claim and a survivor claim against Rainbow Mining Corporation and its insurer. The judge awarded both claims after finding that the miner qualified for the fifteen-year presumption of disability due to pneumoconiosis and that the employer…

June 28, 2022 ·BRB
Modified
COMM

Luke Lapotsky v. Pagnotti Enterprises, Incorporated

Lapotsky v. Pagnotti Enterprises (BRB 19-0367 BLA): reconsideration denied

Luke Lapotsky asked the Board to reconsider its July 2020 decision affirming the denial of his black lung benefits claim against Pagnotti Enterprises. The Board said the request was timely. No member of the panel voted to grant reconsideration, so the Board denied the request. This order leaves the…

June 28, 2022 ·BRB
Procedural
COMM

Temmy Wolford, on behalf of and widow of Mark A. Wolford, v. KWV Operations, LLC and Brickstreet Mutual Insurance Company, Incorporated

Wolford v. KWV Operations (BRB 18-0377R): Trust Fund accepts payment liability

Temmy Wolford pursued black lung benefits on behalf of and as widow of Mark Wolford. KWV Operations and its insurer asked the Board to reconsider an earlier decision assigning them responsibility for payment. The Director of OWCP then stated that the Black Lung Disability Trust Fund accepted…

June 28, 2022 ·BRB
Remanded
COMM

Temmy Wolford, on behalf of and widow of Mark A. Wolford v. KWV Operations, LLC

Wolford v. KWV Operations (BRB 18-0151 and 18-0377 BLA): claim sent for Trust Fund payment

KWV Operations and its insurer asked the Board to reconsider an earlier decision that held the employer responsible for paying Mark Wolford's black lung benefits. The Director of Workers' Compensation Programs then advised that the Black Lung Disability Trust Fund accepted liability and did not…

June 28, 2022 ·BRB
Remanded
COMM

Daniel Preston v. United Airlines, Inc.

Appeal dismissed after withdrawal

An ALJ denied Daniel Preston relief on his AIR21 whistleblower claim against United Airlines. Preston petitioned the Board for review, then asked to withdraw that petition before the Board decided it. The governing regulation permits a party to withdraw objections while a case is before the Board…

June 28, 2022 ·DOL ARB
Procedural
COMM

R.G. and U.S. Postal Service, Vehicle Maintenance Facility, Brooklyn, NY

Board dismisses appeal from informational OWCP letter (ECAB 22-0435)

A postal employee appealed what he described as an August 31, 2021 OWCP decision. The Board reviewed the record and found only an informational letter of that date. Because it can review final adverse OWCP decisions, it dismissed the appeal without deciding the underlying claim.

June 28, 2022 ·ECAB
Procedural
COMM

H.M. and U.S. Postal Service, Post Office, St. Louis, MO

Board upholds denial of postal worker’s shoulder claim (ECAB 22-0343)

A rural delivery specialist reported left shoulder pain after reaching for a parcel in a vehicle. OWCP accepted that the incident occurred but denied her injury claim. The Board found that her doctor's reports did not explain the medical process by which the incident caused a shoulder sprain or…

June 28, 2022 ·ECAB
Affirmed
COMM

J.H. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service, Chicago, IL

Board returns air marshal’s back claim for combined file review (ECAB 22-0262)

A federal air marshal sought benefits for a lower back injury after rising from his seat during a flight. He had an earlier accepted lower back injury in a separate OWCP file. The Board found that a fair decision required OWCP to combine the related files and consider their evidence together. It…

June 28, 2022 ·ECAB
Remanded
COMM

M.N. and Department of Defense, Global Strike Command, Minot Air Force Base, ND

Board requires merits review of Air Force worker’s claim (ECAB 22-0243)

An engineer reported hip and neck soreness after slipping on ice at work. After OWCP denied his claim, he sought reconsideration and submitted an emergency department report bearing a later physician signature. The Board found that the signed report was new evidence relevant to the disputed medical…

June 28, 2022 ·ECAB
Remanded
COMM

A.B. and U.S. Postal Service, Post Office, Keyser, WV

Board returns postal carrier's wage-loss claim for evidence review (ECAB 22-0179)

A rural postal carrier reported a back injury while lifting a heavy parcel. OWCP accepted a lumbar sprain in September 2021. After returning to full duty, he reported renewed pain and submitted an August 22 physician report and duty status form. OWCP denied wage-loss compensation beginning August…

June 28, 2022 ·ECAB
Remanded
COMM

K.R. and Department of Agriculture, Food Safety and Inspection Service, Seguin, TX

Board upholds denial of veterinarian’s injury claim (ECAB 21-0822)

A supervisory public health veterinarian described a leg incident and falls at work, followed by shoulder and other symptoms. OWCP accepted the relevant work factors but denied compensation for lack of medical causation. The Board found that the medical reports did not adequately explain how those…

June 28, 2022 ·ECAB
Affirmed
COMM

A.N. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center, Houston, TX

Board grants remand of VA worker’s COVID-19 claim (ECAB 21-0657)

A VA medical center employee sought benefits after alleged work exposure to COVID-19 in March 2020. OWCP denied her claim before the American Rescue Plan Act became law. The Director requested a remand so OWCP could determine whether she qualified as a covered employee under the new law. The Board…

June 28, 2022 ·ECAB
Remanded
COMM

S.R. and U.S. Postal Service, Downtown Station, Colorado Springs, CO

Board upholds postal retiree’s compensation overpayment (ECAB 20-0818)

A retired postal employee received FECA wage loss compensation and Social Security retirement benefits attributable to federal service during the same period. OWCP calculated a $12,976.41 overpayment and found him without fault. The Board agreed with the calculation but found his financial…

June 28, 2022 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 572 and United States Department of the Navy, Commander, Navy Region Southeast, Millington, Tennessee

Navy Region Southeast and AFGE Local 572 (FLRA 0-AR-5714): Authority dismisses NAF employee removal exception

Navy Region Southeast removed a non-appropriated-fund child and youth program employee after an outside review committee found that the employee's conduct met child-abuse criteria. An arbitrator found the grievance excluded from the negotiated procedure because the outside committee had its own…

June 28, 2022 ·FLRA
Procedural
COMM

D.R. and U.S. Postal Service, Post Office, Grand Rapids, MI

Board returns postal worker’s knee and back claim for medical review (ECAB 22-0471)

A rural delivery specialist reported knee and back symptoms after tripping over mail at work. Her physician linked the diagnosed conditions to the incident and described a possible injury mechanism. The Board found that the opinion did not yet prove her claim, but raised an uncontroverted inference…

June 27, 2022 ·ECAB
Remanded
COMM

S.K. and Department of Veterans Affairs, Veterans Affairs Medical Center, Decatur, GA

Board upholds denial of VA technician’s wrist claim (ECAB 22-0432)

A diagnostic radiology technician reported wrist pain after moving a heavy patient at work. OWCP accepted the incident but denied her injury claim. The Board found that a physician diagnosed a wrist sprain or possible tear without giving a reasoned causation opinion, while the other evidence also…

June 27, 2022 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Carol Stream Post Office, Carol Stream, IL

Board returns postal clerk’s disability claim for wage capacity review (ECAB 22-0314)

A postal distribution clerk with accepted shoulder and carpal tunnel conditions claimed that worsening symptoms kept her from working. OWCP treated her request as a recurrence claim. The Board found that OWCP had previously made a formal loss of wage earning capacity determination and should have…

June 27, 2022 ·ECAB
Remanded
COMM

S.K. and U.S. Postal Service, Allen Post Office, Allen, TX

Board upholds refusal to reopen postal carrier’s claim (ECAB 22-0248)

A rural carrier sought reconsideration of OWCP's reduction of her wage-loss compensation to zero for failure to cooperate with vocational rehabilitation. Her submission repeated an earlier statement and did not present a new legal argument or pertinent new evidence on that issue. The Board found…

June 27, 2022 ·ECAB
Affirmed
COMM

D.M. and Department of Veterans Affairs, Edward P. Boland VA Medical Center, Leeds, MA

Board upholds denial of VA electrician’s knee claim (ECAB 22-0107)

A VA electrician reported knee pain and swelling after pushing himself up from the floor during repair work. OWCP accepted the workplace incident but denied his injury claim. The Board found that the medical reports did not explain how the incident caused or aggravated a diagnosed knee condition…

June 27, 2022 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Post Office, Takoma Park, MD

Board upholds denial of postal carrier’s consequential knee claim (ECAB 21-1339)

A city letter carrier with an accepted left knee injury sought recognition of a later right knee condition. OWCP referred a conflict in medical opinions to an impartial examiner. The Board found the examiner's report sufficiently reasoned and concluded that the evidence did not establish the…

June 27, 2022 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, Tampa, FL

Board recognizes postal worker’s knee contusion only (ECAB 21-0077)

A postal worker fell while delivering mail and sought benefits for right leg symptoms. The Board found that the visible knee contusion was established by the accepted fall, even without a physician's causation report for that minor injury. The remaining reports identified pain but no further…

June 27, 2022 ·ECAB
Mixed result
COMM

D.J. and U.S. Postal Service, Post Office, King George, VA

Board returns wage loss issue but upholds surgery denial (ECAB 19-1159)

A rural postal carrier had an accepted left index finger fracture and laceration. She sought intermittent wage loss and approval for carpal tunnel surgery. The Board found a conflict between medical opinions on her work capacity and ordered an impartial examination on the wage loss issue. It upheld…

June 27, 2022 ·ECAB
Mixed result
COMM

Matter of Augustine NCHIFOR

Late notice-to-appear objection forfeited, voluntary-departure issue remanded

The Board reviewed a Cameroonian respondent's motion to reopen removal proceedings after he challenged a notice to appear that omitted the time and place of his first hearing. The Board treated the regulatory notice requirement as a claim-processing rule and held that the respondent forfeited his…

June 24, 2022 ·BIA
Remanded
COMM

R.L. and Government Publishing Office, Washington, DC

Board upholds two percent leg impairment award (ECAB 21-1329)

A Government Publishing Office electrician injured his right knee on loose flooring and received a schedule award. He sought a higher impairment rating. The Board gave weight to an impartial examiner who found no knee instability and applied the impairment guides to rate his leg at two percent. It…

June 24, 2022 ·ECAB
Affirmed
ALJ

Darling Ingredients, Inc.

Repeat hydrolizer lockout violations affirmed

Darling Ingredients operated a chicken-rendering facility where a pressurized hydrolizer became clogged. After normal pressure-relief methods failed, maintenance employees loosened bolts on a flange, which blew off and released steam and hot material; two employees died. The judge found that…

June 24, 2022 ·John B. Gatto ·OSHRC
Citations affirmed
COMM

M.T. and U.S. Postal Service, Morgan Processing and Distribution Center, New York, NY

Board upholds denial of postal worker’s arm claim (ECAB 20-0184)

A postal expeditor attributed right hand and wrist conditions to repetitive duties. OWCP accepted the work factors but denied her claim. The Board found that medical reports either gave no causation opinion or failed to explain how the duties caused or aggravated the diagnosed conditions. It…

June 24, 2022 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Butler, KY

Board returns postal worker’s arm impairment claim for new evaluation (ECAB 19-1067)

A postal worker with accepted conditions in both arms sought greater impairment awards. OWCP obtained a second opinion, but the physician did not address all accepted upper extremity conditions or explain the rating under the impairment guides. The Board found that this left the record incomplete…

June 24, 2022 ·ECAB
Remanded
COMM

United States Department of Health and Human Services and National Treasury Employees Union

HHS and NTEU (FLRA 0-AR-5613): Authority upholds reorganization grievance

The Department of Health and Human Services reassigned and relocated bargaining-unit employees to Washington, D.C., during a reorganization. NTEU alleged that HHS failed to notify the Union, bargain over implementation, and follow contract protections for involuntary reassignments. An arbitrator…

June 24, 2022 ·FLRA
Upheld
COMM

William C. Ostrander v. Virginia International Terminals, LLC

Ostrander v. Virginia International Terminals (BRB 21-0527): psychological injury claim denied

William Ostrander was injured while maintaining equipment for Virginia International Terminals and later sought disability and medical benefits for a claimed psychological injury. The judge applied the Longshore Act's presumption that a claimed injury is work-related but found that the employer…

June 23, 2022 ·BRB
Affirmed
COMM

Barbara Saylor, on behalf of Jay B. Saylor v. Harry H. Philpot Trucking, Incorporated

Saylor v. Harry H. Philpot Trucking (BRB 21-0414 BLA): black lung benefits denial affirmed

Barbara Saylor pursued her late husband's black lung claim after the judge denied benefits. The parties stipulated to 10.58 years of coal mine employment, short of the fifteen years needed for the statutory presumption that total disability was due to pneumoconiosis. The judge found the x-ray…

June 23, 2022 ·BRB
Affirmed
COMM

John H. Fuller v. Dominion Coal Corporation

Fuller v. Dominion Coal (BRB 21-0382 BLA): benefits denial reversed

John Fuller had at least eighteen years of underground coal mine work and a totally disabling respiratory impairment. Those findings triggered a presumption that his disability was due to pneumoconiosis, but the judge denied benefits after finding Dominion Coal had rebutted it. The Board held that…

June 23, 2022 ·BRB
Vacated
COMM

Billy Wilson v. Lone Mountain Processing Incorporated

Wilson v. Lone Mountain Processing (BRB 21-0376 BLA): disability evidence returned for review

Billy Wilson had at least twenty-five years of qualifying coal mine employment, but the judge denied benefits after finding no totally disabling respiratory impairment. The Board found that the judge relied on the most recent blood gas study without adequately explaining how he weighed conflicting…

June 23, 2022 ·BRB
Remanded
COMM

Xavier Hernandez v. National Steel and Shipbuilding Company

Hernandez v. National Steel and Shipbuilding (BRB 21-0350): attorney fee returned for review

Xavier Hernandez received medical benefits and a higher average weekly wage after pursuing Longshore Act claims, but did not obtain all the disability benefits he sought. The district director awarded his lawyer $12,453.75 for work before that office. National Steel and Shipbuilding argued that the…

June 23, 2022 ·BRB
Remanded
COMM

Rodney D. Lovern v. Scotts Branch Company

Lovern v. Scotts Branch (BRB 21-0342 BLA): black lung benefits award affirmed

Rodney Lovern claimed black lung benefits after 10.6 years of coal mine employment. Because he had fewer than fifteen qualifying years, the judge decided his claim without the fifteen-year statutory presumption and found that medical opinions established legal pneumoconiosis and disability due to…

June 23, 2022 ·BRB
Affirmed
COMM

Tommie G. Dearien v. Southern Appalachian Coal Company

Dearien v. Southern Appalachian Coal (BRB 21-0341 BLA): miner's benefits award affirmed

Tommie Dearien worked in coal mines for thirteen years and filed a black lung claim before his death. His daughter continued the claim for his estate. Because he had fewer than fifteen qualifying years, the judge decided the claim without the statutory fifteen-year presumption. The judge found that…

June 23, 2022 ·BRB
Affirmed
COMM

Roy Lee Breedlove v. Canada Coal Corporation

Breedlove v. Canada Coal (BRB 21-0335 BLA): disability question returned for review

Roy Lee Breedlove had twenty-one years of qualifying coal mine employment, but the judge denied his later black lung claim after finding that he had not shown a totally disabling respiratory impairment. The Board found that the judge had not determined the physical demands of his usual mine work…

June 23, 2022 ·BRB
Remanded
COMM

Lula Ann Bolling, on behalf of and widow of Donald Bolling v. Sapphire Coal Company

Bolling v. Sapphire Coal (BRB 21-0298 and 21-0299 BLA): miner and survivor awards affirmed

Lula Ann Bolling pursued her late husband's black lung claim and her own survivor claim against Sapphire Coal and its insurer. The judge found that Donald Bolling had at least fifteen years of qualifying surface coal mine work and a totally disabling respiratory impairment, which triggered the…

June 23, 2022 ·BRB
Affirmed
COMM

Lula Ann Bolling, on behalf of and widow of Donald Bolling v. Sapphire Coal Company

Bolling v. Sapphire Coal (BRB 21-0298 and 21-0299 BLA): miner and survivor awards affirmed

Lula Ann Bolling pursued her late husband's black lung claim and her own survivor claim against Sapphire Coal and its insurer. The judge found that Donald Bolling had at least fifteen years of qualifying surface coal mine work and a totally disabling respiratory impairment, which triggered the…

June 23, 2022 ·BRB
Affirmed
COMM

Martha Evans, on behalf of and widow of Earl Evans v. Dixie Pine Coal Company

Evans v. Dixie Pine Coal (BRB 21-0290 and 21-0291 BLA): miner and survivor awards affirmed

Martha Evans pursued her late husband's black lung claim and her own survivor claim against Dixie Pine Coal and its insurer. The judge awarded the miner's claim after finding that Earl Evans qualified for the fifteen-year presumption of disability due to pneumoconiosis and that the employer had not…

June 23, 2022 ·BRB
Affirmed
COMM

Martha Evans, on behalf of and widow of Earl Evans v. Dixie Pine Coal Company

Evans v. Dixie Pine Coal (BRB 21-0290 and 21-0291 BLA): miner and survivor awards affirmed

Martha Evans pursued her late husband's black lung claim and her own survivor claim against Dixie Pine Coal and its insurer. The judge awarded the miner's claim after finding that Earl Evans qualified for the fifteen-year presumption of disability due to pneumoconiosis and that the employer had not…

June 23, 2022 ·BRB
Affirmed
COMM

Louella E. Swiney, widow of Donald Swiney v. Donald Swiney Mining

Swiney v. Donald Swiney Mining (BRB 21-0287 BLA): survivor benefits on modification affirmed

Louella Swiney sought survivor benefits after the death of her husband, Donald, who had worked in coal mines for thirty-three years. A judge awarded benefits on modification after finding that Donald had a totally disabling respiratory impairment and that the employer did not rebut the presumption…

June 23, 2022 ·BRB
Affirmed
COMM

James F. Graham v. Eastern Associated Coal Company and Peabody Energy Corporation

Graham v. Eastern Associated Coal (BRB 20-0221): Peabody remains liable for black lung benefits

James Graham worked for Eastern Associated Coal until August 2007 and later received an award of black lung benefits. Eastern and Peabody challenged Peabody’s responsibility for payment, arguing that Patriot Coal later insured Eastern’s liabilities and that Patriot’s bankruptcy shifted payment to…

June 23, 2022 ·BRB
Affirmed
COMM

S.A. and U.S. Postal Service, Rio Grande Performance Cluster, San Antonio, TX

Board upholds refusal to reopen postal clerk’s wrist claim (ECAB 22-0289)

A postal window clerk reported a wrist injury while lifting a parcel. OWCP denied her claim because the factual account of the incident was insufficient. Her reconsideration request described continuing symptoms and repeated medical reports but did not add relevant evidence about how the incident…

June 23, 2022 ·ECAB
Affirmed
COMM

C.H. and U.S. Postal Service, Post Office, Harrisburg, PA

Board grants remand of postal carrier’s shoulder claim (ECAB 21-1333)

A rural carrier attributed a right shoulder condition to repetitive postal duties. OWCP denied the claim, then its Director told the Board that the evidence raised an uncontroverted inference of medical causation. The Board granted the Director's motion and returned the case for further medical…

June 23, 2022 ·ECAB
Remanded

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.