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
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

B.C. and Department of Homeland Security, Transportation Security Administration, Kalamazoo/Battle Creek International Airport

Board upholds late reconsideration denial (ECAB 22-0486)

A TSA employee sought reconsideration of an OWCP decision finding her original claim untimely. OWCP received her request more than a year after the merit decision. The Board found that her legal argument and psychologist's report did not show clear evidence that OWCP had erred in applying the claim…

June 14, 2022 ·ECAB
Affirmed
COMM

M.H., Jr. and Department of Homeland Security, Customs and Border Protection, Calexico, CA

Board upholds refusal to reopen skin condition claim (ECAB 22-0452)

A customs and border protection employee asked OWCP to reconsider a denial of his work related skin condition claim. The controlling issue was medical causation. The Board found that he offered no new relevant medical evidence or new legal ground that met the reopening requirements. It affirmed the…

June 14, 2022 ·ECAB
Affirmed
COMM

J.O. and Department of the Army, Fort Riley, KS

Board dismisses appeal from advisory OWCP letter (ECAB 22-0305)

An Army employee appealed a letter about his hearing request. OWCP had advised him that the underlying issue was not yet ready for a final decision. The Board found that the letter did not decide the claim and therefore could not be appealed. It dismissed the case without a merits ruling.

June 14, 2022 ·ECAB
Procedural
COMM

R.A. and Department of Homeland Security, U.S. Secret Service, Glynco, GA

Board upholds denial of Secret Service impairment award (ECAB 22-0282)

A Secret Service employee with an accepted left shoulder injury sought a permanent impairment award after surgery. Her physician gave ratings under state guidelines but did not establish maximum medical improvement or rate impairment under the federal guides. The Board found the evidence…

June 14, 2022 ·ECAB
Affirmed
COMM

W.C. and U.S. Postal Service, Hinckley Post Office, Cleveland, OH

Board affirms untimely reconsideration denial for right shoulder claim (ECAB 22-0246)

A mail handler appealed OWCP's denial of reconsideration concerning a right shoulder injury he said occurred while loading a heavy package at work. OWCP's July 13, 2020 merit decision denied the claim because he had not established a causal relationship between the employment incident and his…

June 14, 2022 ·ECAB
Affirmed
COMM

K.C. and U.S. Postal Service, Post Office, Bedford Park, IL

Board upholds denial of expanded left knee claim (ECAB 22-0212)

A postal carrier said she injured her left knee when she slipped and fell downstairs after being startled by dogs while delivering mail. OWCP accepted a left knee sprain but denied adding a knee effusion, medial and lateral meniscus tears, and a loose body because the medical evidence did not…

June 14, 2022 ·ECAB
Affirmed
COMM

C.W. and Department of the Interior, National Park Service, Washington, DC

Board dismisses withdrawn appeal (ECAB 22-0085)

The appellant appealed an October 14, 2021 OWCP merit decision. The appellant later asked to withdraw the appeal, and the Board granted that request. The Board dismissed the appeal without deciding the underlying compensation issue.

June 14, 2022 ·ECAB
Procedural
COMM

J.C. and Department of Homeland Security, U.S. Customs & Border Patrol, Artesia, NM

Board upholds denial of border patrol agent's COVID-19 claim (ECAB 22-0017)

A border patrol agent said he contracted COVID-19 after exposure to a coworker while on duty. The Board accepted that he was a covered employee and that the exposure occurred, but found that his submitted test screenshot did not identify the test type or confirm a COVID-19 diagnosis as required for…

June 14, 2022 ·ECAB
Affirmed
COMM

Independent Union of Pension Employees for Democracy and Justice and Pension Benefit Guaranty Corporation

PBGC and IUPEDJ (FLRA 0-AR-5792): Authority dismisses argument-free exceptions

The Independent Union of Pension Employees for Democracy and Justice submitted two electronic exception forms challenging an arbitration award involving the Pension Benefit Guaranty Corporation. It uploaded the award and exhibits but supplied no argument in either form and attached no exceptions…

June 14, 2022 ·FLRA
Procedural
COMM

National Association of Government Employees, Local R3-74, Service Employees International Union and United States Department of Veterans Affairs, Butler VA Medical Center, Butler, Pennsylvania

Butler VA Medical Center and NAGE Local R3-74 (FLRA 0-AR-5776): Authority remands reassignment grievance

The Butler VA Medical Center reassigned a psychologist to a local recovery coordinator position without soliciting internal applicants. NAGE Local R3-74 alleged that the reassignment violated detailed contract procedures for department-initiated reassignments. An arbitrator denied the grievance…

June 14, 2022 ·FLRA
Remanded
COMM

American Federation of Government Employees, Local 2052, Council of Prison Locals 33 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Petersburg, Virginia

Federal Correctional Complex Petersburg and AFGE Local 2052 (FLRA 0-AR-5745): Authority upholds roster ruling despite procedural concerns

AFGE Local 2052 alleged that Federal Correctional Complex Petersburg failed to bargain before removing a thirty-minute unpaid lunch break from a quarterly staffing roster. An arbitrator granted summary judgment to the institution and found that the contract already covered roster changes. The Union…

June 14, 2022 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council 222 and United States Department of Housing and Urban Development

HUD and AFGE Council 222 (FLRA 0-AR-5580): Authority upholds eight-hour holiday-pay limit

HUD stopped paying more than eight hours of holiday pay to employees on maxiflex schedules unless they were using recognized compressed schedules. AFGE Council 222 argued that its contract treated maxiflex as a compressed schedule and required holiday pay for all scheduled hours. An arbitrator…

June 14, 2022 ·FLRA
Upheld
ALJ

JRA Construction Corporation

Five-month-late contest dismissed

OSHA issued JRA Construction one repeat-serious citation after inspecting a worksite in Aurora, Colorado. The company received the citation on June 19, 2021, making its written notice of contest due July 9, but it did not submit a contest until December 12. The late filing gave no reason for the…

June 13, 2022 ·Patrick B. Augustine ·OSHRC
Procedural
COMM

W.C. and U.S. Postal Service, Post Office, Olney, IL

Board affirms denial of reconsideration for hernia recurrence claim (ECAB 21-1012)

A retired postal carrier with an accepted umbilical hernia claim sought benefits for a later bowel obstruction that he attributed to mesh used in two hernia repairs. OWCP denied the claim and later denied his request for merit reconsideration. The Board found that his reconsideration request…

June 13, 2022 ·ECAB
Affirmed
COMM

B.S. and U.S. Postal Service, Post Office, Ozark, MO

Board orders new review of postal carrier's knee impairment award (ECAB 20-1490)

A postal worker with an accepted left kneecap fracture sought a schedule award greater than the six percent left leg impairment OWCP had awarded. OWCP's second opinion physician rated her impairment at 10 percent, while its district medical adviser calculated six percent. The Board found that OWCP…

June 13, 2022 ·ECAB
Remanded
ALJ

Frontera Construction, LLC

Electrical-proximity citation vacated

Frontera Construction was the general contractor at a medical-facility project in Laredo, Texas. Its superintendent directed a ductwork subcontractor's employees to work only in a hallway because adjoining rooms contained energized electrical equipment. After the superintendent left to assist…

June 13, 2022 ·Patrick B. Augustine ·OSHRC
Citations vacated
COMM

M.E. and U.S. Postal Service, International Service Center, John F. Kennedy International Airport, Jamaica, NY

Board upholds denial of leg impairment schedule award (ECAB 21-0281)

A postal mail handler with an accepted lumbar sprain sought a schedule award for permanent impairment of both legs. The Board gave special weight to an independent medical examiner's report that found no lumbar nerve condition causing motor or sensory loss in the legs. It found no other persuasive…

June 10, 2022 ·ECAB
Affirmed
COMM

Baldonick Fernandez v. SAP America, Inc.

Appeal dismissed for missing brief

The Board ordered Baldonick Fernandez to explain why his appeal should not be dismissed after he missed the opening-brief deadline. It gave him until May 27, 2022 to respond to the show-cause order. Fernandez filed neither the response nor the required brief. The Board dismissed the appeal without…

June 10, 2022 ·DOL ARB
Procedural
COMM

G.S. and U.S. Postal Service, Memphis Network Distribution Center

Board reverses suspension of postal worker's compensation (ECAB 22-0080)

OWCP suspended a postal worker's compensation after its second opinion physician reported poor cooperation during an examination of her accepted shoulder conditions. The Board found that she attended the examination and that the physician was able to evaluate her condition and recommend work…

June 10, 2022 ·ECAB
Vacated
COMM

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

Board orders postal worker's shoulder claim files combined (ECAB 22-0077)

A postal city carrier claimed right shoulder, elbow, and wrist conditions from repetitive work. OWCP denied the claim, citing insufficient medical proof that the right shoulder condition was work related, but had not combined the file with an earlier accepted right shoulder claim. The Board found…

June 10, 2022 ·ECAB
Remanded
COMM

P.S. and U.S. Postal Service, Post Office, Providence, RI

Board orders new evaluation of postal worker's left leg impairment (ECAB 21-0758)

A postal worker with an accepted left foot fracture sought a schedule award greater than one percent impairment of her left leg. The Board found that OWCP's medical adviser had not explained why nerve testing that showed no response from the left peroneal nerve still supported a finding of no nerve…

June 10, 2022 ·ECAB
Remanded
COMM

S.L. and Department of Justice, Williamsburg Federal Correctional Institution, Salters, SC

Board upholds denial of reconsideration for correctional employee's injury claim (ECAB 21-0201)

A budget analyst at a federal correctional institution sought compensation after she said she became lightheaded, tripped, and fell at work. OWCP denied the claim because the submitted record did not establish that the August 1, 2019 incident occurred as alleged. The Board found that her…

June 10, 2022 ·ECAB
Affirmed
COMM

R.G. and U.S. Postal Service, Post Office, Alliance, OH

Board reverses benefit termination but upholds other denials (ECAB 20-0695)

A postal letter carrier had an accepted pelvis sprain and sought continued benefits, acceptance of additional conditions, and compensation for intermittent time away from work. The Board found that OWCP had not met its burden to terminate his wage-loss and medical benefits. It also found that the…

June 10, 2022 ·ECAB
Mixed result
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Machine, electrical, and mapping citations affirmed

MSHA cited Consol's underground Bailey Mine for a missing keeper pin on a longwall shield, cracked light globes on a continuous miner, and failure to plot a drill hole that penetrated the coalbed. Judge Michael Young found that the missing pin created a projectile hazard and the cracked globes…

June 9, 2022 ·Michael G. Young ·FMSHRC
Modified
COMM

C.M. and Department of the Navy, Marine Corps Logistics Base Barstow

Board upholds denial of police officer's elbow injury claim (ECAB 22-0455)

A police officer at a Marine Corps logistics base said his elbow popped and became painful while he performed push-ups during a work fitness test. OWCP accepted that the February 23, 2021 incident occurred but received no medical evidence diagnosing a condition and connecting it to the incident…

June 9, 2022 ·ECAB
Affirmed
COMM

M.M. and Department of Homeland Security, Transportation Security Administration, Daytona Beach International Airport

Board orders review of evidence in TSA worker's reconsideration request (ECAB 22-0295)

A TSA screener sought reconsideration after OWCP terminated medical benefits for several accepted conditions arising from a fall at work. He submitted medical reports and an argument that he still had injury residuals. OWCP denied reconsideration without addressing that new material. The Board set…

June 9, 2022 ·ECAB
Remanded
COMM

K.G. and U.S. Postal Service, Oildale Carrier Annex, Bakersfield, CA

Board finds postal worker's reconsideration request timely (ECAB 21-1430)

A postal worker sought reconsideration of a denied injury claim on February 13, 2021, one year after OWCP's February 13, 2020 merit decision. OWCP called the request late and required clear evidence of error. The Board found it timely because the one-year deadline fell on a Saturday followed by a…

June 9, 2022 ·ECAB
Remanded
COMM

R.S. and Department of Agriculture, Plant Protection & Quarantine, Los Angeles, CA

Board upholds recovery of compensation overpayment (ECAB 21-1314)

A former Agriculture Department clerk received FECA wage-loss compensation while also receiving Social Security retirement benefits without the required offset. The Board agreed that this produced a $9,671.96 overpayment even though she was not at fault. It upheld OWCP's denial of waiver and its…

June 9, 2022 ·ECAB
Affirmed
COMM

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

Board orders three related injury files combined (ECAB 21-0121 and 21-1252)

A customs and border protection officer appealed denials of two hip and back injury claims. The Board found that OWCP had not combined those claim files with an earlier file involving similar body parts. It set aside the OWCP decisions and directed OWCP to combine all three files, develop the…

June 9, 2022 ·ECAB
Remanded
COMM

C.S. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX

Board orders decision on postal worker's knee arthritis before disability claim (ECAB 21-0347)

A postal worker with an accepted right knee injury sought wage-loss compensation for time away from work. Her physician said the work injury led to post-traumatic knee arthritis, but OWCP denied the disability claim without first deciding whether to add that condition to the accepted claim. The…

June 9, 2022 ·ECAB
Remanded
COMM

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

Board orders three related injury files combined (ECAB 21-0121 and 21-1252)

A customs and border protection officer appealed denials of two hip and back injury claims. This is the same consolidated order listed under ECAB 21-1252. The Board found that OWCP had not combined those claim files with an earlier file involving similar body parts. It set aside the OWCP decisions…

June 9, 2022 ·ECAB
Remanded
COMM

A.F. and Department of the Interior, National Park Service, Jefferson National Expansion Memorial, St. Louis, MO

Board orders agency response to park worker's stress claim (ECAB 20-1635)

A National Park Service maintenance mechanic sought compensation for a stroke and related condition that he attributed to workplace stress and alleged harassment. OWCP denied the claim without requesting a response from the employing agency about the alleged events. The Board found the record…

June 9, 2022 ·ECAB
Remanded
ALJ

The L.E. Myers Co.

Electrical-safety citations vacated

A journeyman lineman was electrocuted while working near energized 7.62-kilovolt distribution lines at a Florida worksite. His foreman had instructed him to raise a conductive mechanical jumper only high enough to check its length, but the lineman entered the 2-foot-2-inch minimum approach…

June 9, 2022 ·Sharon D. Calhoun ·OSHRC
Citations vacated
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Three citations affirmed in original ruling

MSHA cited Consol's underground Bailey Mine for a missing keeper pin on a longwall shield, cracked light globes on a continuous miner, and failure to plot a drill hole that penetrated the coalbed. Judge Michael Young found that the missing pin created a projectile hazard and the cracked globes…

June 8, 2022 ·Michael G. Young ·FMSHRC
Modified
COMM

D.S. and Department of the Army, Military Entrance Processing Command, Fort Sam Houston, TX

Board upholds denial of technician's needle stick claim (ECAB 22-0473)

An Army medical technician claimed that a needle stick at work exposed him to a bloodborne pathogen. OWCP asked him to describe the incident and provide supporting evidence, but received no response. The Board held that his claim form did not explain which finger was injured or how the needle stick…

June 8, 2022 ·ECAB
Affirmed
COMM

J.O. and U.S. Postal Service, TW House Post Office, Houston, TX

Board upholds denial of carrier's left knee injury claim (ECAB 22-0240)

A Houston postal carrier injured his left knee while stepping out of a work vehicle. OWCP accepted that the incident occurred but denied the claim because the medical evidence did not adequately link a diagnosed knee condition to it. The Board found that one doctor's checkmark opinion lacked an…

June 8, 2022 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Downtown San Diego Post Office, San Diego, CA

Board upholds four percent left arm impairment award (ECAB 22-0196)

A San Diego letter carrier sought a schedule award above the four percent permanent impairment already awarded for her left upper extremity after a workplace fall. Her surgeon used an outdated edition of the impairment guides, and another physician's higher rating did not rely on imaging required…

June 8, 2022 ·ECAB
Affirmed
COMM

P.B. and Department of Veterans Affairs, Perry Point Veterans Affairs Medical Center, Perry Point, MD

Board orders related foot injury claim files combined (ECAB 22-0133)

A Veterans Affairs worker appealed OWCP's denial of her claimed foot conditions. The Board found that a related earlier injury file was missing from the record, although the claims involved similar body parts and required cross-reference. It set aside the denial and ordered OWCP to combine the…

June 8, 2022 ·ECAB
Remanded
COMM

N.B. and U.S. Postal Service, Portland Performance Cluster, Portland, OR

Board orders postal worker's related back claims combined (ECAB 22-0092)

A Portland postal worker claimed that repetitive lifting and twisting caused back and shoulder conditions. OWCP denied the occupational disease claim, but the worker also had a prior claim involving a back injury on the same date. The Board set aside the denial because OWCP had not combined the…

June 8, 2022 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, Murray Hill Post Office, New York, NY

Board upholds termination of carrier's knee injury benefits (ECAB 22-0033)

A New York postal carrier received compensation for a 1997 right knee injury after a vehicle brake pedal failed. OWCP later ended his wage loss and medical benefits, finding that the accepted injury no longer caused disability or residuals. The Board found the medical evidence sufficient to support…

June 8, 2022 ·ECAB
Affirmed
COMM

G.A. and Department of the Air Force, Eielson Air Force Base, Clear, AK

Board orders review of omitted evidence in stress claim (ECAB 21-0862)

An Air Force worker sought compensation for depression and anxiety that he linked to an EEO complaint involving him. During reconsideration, he submitted additional documents, a witness statement, and medical evidence. The Board found that OWCP had not addressed this evidence before denying the…

June 8, 2022 ·ECAB
Remanded
COMM

K.S. and U.S. Postal Service, Atlanta Network Distribution Center, Atlanta, GA

Board reverses termination of mail handler's injury benefits (ECAB 21-0851)

An Atlanta mail handler received benefits for accepted bilateral cubital tunnel syndrome and ulnar nerve lesions. OWCP terminated her wage loss and medical benefits based on physicians' reports that it treated as resolving a medical conflict. The Board found that the referral physician's opinions…

June 8, 2022 ·ECAB
Vacated
COMM

J.S. and U.S. Postal Service, Processing & Distrubtion Center, Columbia, SC

Board upholds recovery of postal worker's benefit overpayment (ECAB 22-0369)

A South Carolina postal worker received FECA wage loss compensation and Social Security retirement benefits attributable to federal service during the same period. OWCP calculated a $17,185.52 overpayment and set recovery at $500 from each 28-day compensation payment. The Board affirmed the amount…

June 7, 2022 ·ECAB
Affirmed
COMM

S.K. and U.S. Postal Service, Post Office, Buffalo, NY

Board recognizes carrier's fall and orders injury review (ECAB 22-0235)

A Buffalo letter carrier said he hurt his left knee after slipping on an icy driveway while delivering mail. OWCP denied his traumatic injury claim, but the Board found that his account, supervisor's acknowledgment, and treatment records established that the work incident occurred. It set aside the…

June 7, 2022 ·ECAB
Remanded
COMM

D.P. and Department of the Army, U.S. Army Corps of Engineers, Fort Knox, KY

Board denies disability pay for specified PTSD period (ECAB 22-0184)

An Army Corps of Engineers construction representative had an accepted PTSD claim and sought wage loss compensation for December 6, 2019 through January 24, 2020. The Board found that his medical evidence did not adequately address disability during those specific dates. It affirmed OWCP's denial…

June 7, 2022 ·ECAB
Affirmed
COMM

L.T. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

Board denies painter's claim for conditions after fall (ECAB 22-0124)

An Air Force aircraft painter fell after stepping on her protective suit and claimed neck, knee, and back injuries. OWCP accepted that the workplace fall occurred but denied the claim for lack of medical evidence linking a diagnosed condition to it. The Board found that physician reports did not…

June 7, 2022 ·ECAB
Affirmed
COMM

M.S. and Department of Transportation, Federal Aviation Administration, Washington, DC

Board upholds denial of proposed knee surgery (ECAB 22-0113)

A Federal Aviation Administration technician sought authorization for right knee arthroscopy after an accepted workplace vehicle accident. The doctors recommending surgery did not explain why it was needed to treat her accepted conditions, and a right knee meniscal tear had not been accepted in the…

June 7, 2022 ·ECAB
Affirmed
COMM

G.K. and Department of Homeland Security, Transportation Security Administration, Palm Springs International Airport, Palm Springs, CA

Board sends benefit overpayment amount back for recalculation (ECAB 22-0024)

A transportation security officer received FECA wage loss compensation and Social Security retirement benefits attributable to federal service during overlapping periods. The Board agreed that this created an overpayment. But OWCP's stated overpayment period began before she started receiving FECA…

June 7, 2022 ·ECAB
Mixed result
COMM

K.S. and Department of the Treasury, Internal Revenue Service, Austin, TX

Board upholds one percent leg impairment award (ECAB 21-0238)

An IRS worker sought additional schedule compensation after a workplace fall injured her right ankle, knee, and left elbow. OWCP had awarded one percent permanent impairment of her right lower extremity. The Board found no support for a higher right leg rating or a compensable upper extremity…

June 7, 2022 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL

Board rejects late reconsideration request (ECAB 22-0379)

A Chicago postal worker asked OWCP to reconsider an earlier schedule award decision. OWCP denied the request because it arrived more than one year after the last merit decision and did not show clear evidence of error. The Board agreed that the request was late and that the new statements and…

June 6, 2022 ·ECAB
Affirmed
COMM

W.H. and U.S. Postal Service, Post Office, Richmond, VA

Board recognizes hip injury and returns disability issue (ECAB 22-0117)

A Richmond postal employee sought to add more conditions after a work vehicle accident. The Board found that her right hip contusion and hematoma were supported by the accident and medical findings, but that the evidence did not establish her other proposed conditions. It reversed OWCP in part and…

June 6, 2022 ·ECAB
Mixed result
COMM

P.M. and Department of Veterans Affairs, Veterans Health Administration, Columbia, SC

Board denies analyst's computer work carpal tunnel claim (ECAB 22-0050)

A Veterans Affairs analyst claimed that computer work caused right carpal tunnel syndrome. One doctor documented the condition but gave no opinion about its cause. Another said typing and mouse use can cause the condition generally, without explaining how this worker's duties caused or aggravated…

June 6, 2022 ·ECAB
Affirmed
COMM

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

Board upholds denial of former clerk's arm condition claim (ECAB 22-0038)

A former Tampa postal clerk claimed that years of mail processing work caused conditions in both upper extremities. OWCP denied the claim, and the Board had previously upheld an earlier denial. Reviewing the newer evidence, the Board again found no sufficient medical explanation linking the claimed…

June 6, 2022 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL

Board denies additional award for wrist impairment (ECAB 21-1403)

A Chicago postal worker with accepted wrist and carpal tunnel conditions sought a schedule award for permanent impairment of both upper extremities. OWCP asked for an evaluation using the current sixth edition of the impairment guides. Her physician's earlier evaluation used the fifth edition, and…

June 6, 2022 ·ECAB
Affirmed
COMM

L.G. and U.S. Postal Service, Twin Lakes Post Office, Twin Lakes, WI

Board returns dog attack benefit overpayment for recalculation (ECAB 21-0950)

A Wisconsin postal worker received a third party recovery after a work related dog attack. OWCP later paid wage loss compensation while a credit from that recovery remained, creating an overpayment. The Board affirmed that an overpayment occurred, but found the amount was not ready for decision and…

June 6, 2022 ·ECAB
Mixed result
COMM

L.J. and Department of Homeland Security, Transportation Security Administration, Jamaica, NY

Board reverses zeroing of security officer's compensation (ECAB 21-0823)

A transportation security officer receiving compensation for an accepted upper body injury underwent a functional capacity evaluation. OWCP reduced her wage loss benefits to zero, saying she had failed to cooperate with vocational rehabilitation. The Board found the record did not support that…

June 6, 2022 ·ECAB
Vacated
ALJ

Secretary of Labor v. IMI Aggregates, LLC

Berm and guarding citations affirmed

MSHA cited IMI Aggregates at its Indiana sand and gravel mine for a 125-foot section of roadway without an adequate berm and for an unguarded conveyor tail pulley and drive chain. Judge John Sullivan found that frequent two-way traffic near the roadway edge made overtravel and a rollover reasonably…

June 3, 2022 ·John T. Sullivan ·FMSHRC
Citations affirmed
COMM

B.L. and U.S. Postal Service, Detroit Network Distribution Center, Detroit, MI

Board dismisses Detroit worker's late appeal (ECAB 22-0878)

A Detroit postal worker appealed a December 2020 OWCP decision in May 2022. The Board found that the appeal was filed more than 180 days after OWCP's decision and that the worker had not shown compelling circumstances for the delay. It dismissed the appeal without reviewing the compensation merits.

June 3, 2022 ·ECAB
Procedural
COMM

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

Board dismisses Houston worker's late appeal (ECAB 22-0858)

A Houston postal worker appealed an October 2021 OWCP decision in May 2022. The Board found that the appeal arrived after the 180-day filing period and that the worker had not documented compelling circumstances for the delay. It dismissed the appeal without deciding the compensation merits.

June 3, 2022 ·ECAB
Procedural
COMM

T.S. and U.S. Postal Service, Chanute Post Office, Chaunte, KS

Board grants withdrawal of Kansas postal appeal (ECAB 22-0660)

A Kansas postal worker appealed a March 2022 OWCP merits decision. He then sent a letter asking to withdraw the appeal. The Board granted that request and dismissed the appeal without reaching the compensation merits.

June 3, 2022 ·ECAB
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.