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.
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Laverne Rehbein, on behalf of Carlyn D. Rehbein, v. Heritage Coal Company, LLC and Peabody Energy Corporation
Rehbein v. Heritage Coal (BRB 20-0011 BLA): miner benefits and employer liability affirmed
Laverne Rehbein pursued her late husband's black lung claim after he worked 27 years in underground mines. The judge found a totally disabling breathing impairment and awarded benefits under the fifteen-year presumption. Heritage Coal and Peabody Energy argued that liability had shifted to Patriot…
Hall v. CVS Health, CVS Health Corporation, Caremark, LLC, and CVS Pharmacy, Inc.
Hall v. CVS Health (DOL ARB 2022-0003): FSMA summary dismissal affirmed
Chloris Hall alleged that Caremark unlawfully ended her employment as a sterile-compounding pharmacy technician after protected activity under the Food Safety Modernization Act. The Board agreed that CVS Health, Caremark, and CVS Health Corporation were not covered employers because undisputed…
F.K. and U.S. Postal Service, Post Office, Albany, NY
F.K. and the Albany Post Office (ECAB 21-1372): Foot condition claim denial upheld
A postal carrier reported right heel pain after delivering mail for several weeks while wearing ice grippers. OWCP accepted the described work activity but denied his claim for plantar fasciitis. The Board found that his orthopedic surgeon said the condition was work related without explaining how…
N.S. and Department of Homeland Security, Transportation Security Administration, Denver, CO
N.S. and the Transportation Security Administration (ECAB 21-1357): Asthma claim reconsideration remanded
A TSA scheduling officer reported an asthma attack after working near wet ceiling tiles and an unusual odor. OWCP accepted the workplace incident but denied her injury claim and later denied reconsideration. The Board found that OWCP's reconsideration decision said she had supplied no medical…
D.V. and U.S. Postal Service, Sacramento Performance Cluster, West Sacramento, CA
D.V. and Sacramento Performance Cluster (ECAB 21-1259): Foot condition claim denial upheld
A postal carrier reported right heel pain after long days of walking and standing on her route. OWCP accepted the work activities but denied her claim for plantar fasciitis. Two physicians attributed the condition or its aggravation to the work, but the Board found that their reports did not…
J.H. and U.S. Postal Service, Springfield Post Office, Springfield, OH
J.H. and the Springfield Post Office (ECAB 21-1193): Appeal dismissed for lack of a cited OWCP decision
A postal worker's counsel sought review of a purported July 27, 2021 OWCP decision. The Board found no OWCP decision of that date in the record. July 27 was instead the date of the Board's order dismissing an earlier appeal at counsel's request. Although the record contained other OWCP decisions…
O.O., Jr. and U.S. Postal Service, Post Office, Hickory, NC
O.O., Jr. and the Hickory Post Office (ECAB 21-1149): Benefit termination reversed
A postal distribution clerk received benefits for accepted shoulder, arm, and finger conditions. OWCP ended his wage loss and medical benefits after its examining physician reported no remaining disability or treatment need related to work. His treating physician, however, said he remained totally…
I.S. and U.S. Postal Service, Post Office, Cranston, RI
I.S. and the Cranston Post Office (ECAB 21-0921): Injury claim remanded for overlooked medical records
A postal mail handler reported shoulder and back injuries while trying to avoid a dog attack at work. OWCP denied the claim and later denied modification on reconsideration, saying there was no valid diagnosis from a qualified physician. The Board found that OWCP had failed to address two August…
L.M. and U.S. Postal Service, Greene Post Office, Greene, NY
L.M. and the Greene Post Office (ECAB 21-0644): Right shoulder condition not added to accepted claim
A postal carrier had an accepted left shoulder injury and asked OWCP to add right shoulder conditions as a consequence of it. Her physician attributed right shoulder symptoms to compensating for the injured left shoulder and also referred to years of postal duties. The Board found that he had not…
M.R. and Department of Agriculture, Forest Service, Carson National Forest, Taos, NM
M.R. and Carson National Forest (ECAB 21-0548): Wage capacity request sent back for proper review
A Forest Service firefighter sought to change a 1996 determination of his ability to earn wages in a food assembler job. He submitted medical reports indicating that his work restrictions had changed and that he could not work. OWCP treated the filing as an untimely reconsideration request and…
M.H. and U.S. Postal Service, Post Office, Spring, TX
M.H. and U.S. Postal Service (ECAB 21-0342): Termination and overpayment affirmed
A postal worker with accepted neck and back injuries declined a modified clerk job. OWCP ended her wage loss compensation and schedule award entitlement because it found the job suitable. The Board agreed: an impartial physician said she could perform sedentary work, the job's physical demands fit…
C.S. and Department of Veterans Affairs, Edith Norse Rogers Memorial Veterans Hospital, Bedford, MA
C.S. and Department of Veterans Affairs (ECAB 19-0769): Fall injury claim denial affirmed
A hospital nurse fell at work in October 2015 and fractured her left fibula. OWCP denied her injury claim, and the Board affirmed. The Board found that medical evidence of prior mobility problems and repeated falls showed that her fall arose from personal medical conditions. It found the evidence…
International Brotherhood of Boilermakers, Local 290, Bremerton Metal Trades Council and United States Department of the Navy, Puget Sound Naval Shipyard, Intermediate Maintenance Facility, Bremerton, Washington
Puget Sound Naval Shipyard and Boilermakers Local 290 (FLRA 0-AR-5729): Authority upholds overtime ineligibility
A Puget Sound Naval Shipyard employee signed up for weekend overtime, then took unscheduled leave on the Thursday when the Shipyard selected employees for the assignment. The supervisor approved the leave the following Monday. An arbitrator found that the overtime agreement excluded employees…
United States Department of Homeland Security, U.S. Customs and Border Protection, San Diego, California (Agency) and National Treasury Employees Union, Chapter 123 (Union)
CBP San Diego and NTEU Chapter 123 (FLRA 0-AR-5698): Late grievance award set aside
CBP temporarily revoked an officer's firearm authorization during a fitness review and later restored it. The union grieved the agency's timing, and an arbitrator treated the restoration issue as timely under the labor agreement's forty-five-day filing rule. The Authority set aside the award…
E.S. (Widow of P.K.S.) and Department of the Navy, North Island Naval Base, Coronado, CA
E.S. and Department of the Navy (ECAB 21-1400): Appeal dismissed for lack of an OWCP decision
A widow appealed what she described as an OWCP decision concerning her late spouse's claim. The Board found no final adverse OWCP decision in the record issued within 180 days of her appeal, so it had no jurisdiction to review this filing. It dismissed the appeal without deciding whether the…
J.G. and U.S. Postal Service, Chicago Central Carrier Annex, Chicago, IL
J.G. and U.S. Postal Service (ECAB 21-1192): Hernia schedule award denial affirmed
A postal worker sought a schedule award after surgery for an accepted work related abdominal hernia. One physician rated five percent whole person impairment, while a medical adviser found no impairment from the hernia. The Board held that FECA does not provide schedule awards for whole person…
United States Department of the Treasury, Internal Revenue Service and National Treasury Employees Union
IRS and NTEU (FLRA 0-AR-5736): Authority upholds annual-leave bargaining award
The IRS and NTEU bargained for two years over changes to annual-leave procedures without reaching agreement. After the Union withdrew from bargaining and the parties carried the existing leave article into a new national agreement, the IRS unilaterally implemented a standardized solicitation…
United States Department of the Air Force, 11th Wing, Joint Base Andrews, Maryland and American Federation of Government Employees, Local 1092
Joint Base Andrews and AFGE Local 1092 (FLRA 0-AR-5724): Authority upholds uniform-expense backpay
Joint Base Andrews required dual-status Air Reserve Technicians to wear military uniforms during civilian duties and implemented the policy before completing bargaining. An arbitrator found a statutory and contractual bargaining violation and found that employees spent their own money on required…
Matter of M-M-A-
Frivolous-asylum issue requires findings
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of adjustment of status and a waiver of inadmissibility. DHS argued that the respondent's asylum application was frivolous and triggered the permanent bar in section 208(d)(6) of the Immigration and…
K.B. and U.S. Postal Service, Post Office, Detroit, MI
K.B. and U.S. Postal Service (ECAB 21-1248 and 22-0171): Shoulder claims sent back for combined review
A postal rural carrier filed separate claims for left shoulder injuries in 2019 and 2020. OWCP denied both, finding insufficient evidence that the diagnosed condition was caused by either work incident. The Board found that a full review required the related claim files to be considered together…
R.M. and Department of Homeland Security, U.S. Customs & Border Protection, Porthill, ID
R.M. and Customs and Border Protection (ECAB 21-1336): Ankle schedule award denial affirmed
A customs officer sought a schedule award after OWCP accepted his work related Valley Fever and septic arthritis of the left ankle. OWCP denied the award, finding no permanent impairment of the left leg. The Board agreed with a referral physician and medical adviser who found that his ankle x-rays…
K.B. and U.S. Postal Service, Post Office, Detroit, MI
K.B. (ECAB 21-1248 and 22-0171): Related shoulder injury claims returned for combined review
A postal carrier filed separate claims for left shoulder symptoms after lifting packages in 2019 and 2020. OWCP denied both claims, citing insufficient medical evidence of a work connection. The Board found that the files concerned the same part of the body and that a hearing representative had…
C.M. and Department of Veteran Affairs, Veterans Health Administration, Cincinnati VA Medical Center, Cincinnati, OH
C.M. and Cincinnati VA Medical Center (ECAB 21-1245): Arm injury claim denial affirmed
A hospital nurse reported right arm pain after helping restrain a patient during a December 2018 incident. OWCP accepted that the incident occurred but denied her injury claim for lack of medical proof connecting a diagnosed condition to it. The Board found that one physician reported only pain…
C.W. and U.S. Postal Service, Vickery Station, Dallas, TX
C.W. and U.S. Postal Service (ECAB 21-1204): Wrist condition claim denial affirmed
A postal carrier claimed that years of work had caused or aggravated conditions in both wrists and his right elbow. OWCP denied the claim, and the Board agreed that his physician had not adequately explained how the listed mail handling tasks caused or worsened the diagnosed conditions. Imaging…
B.P. and U.S. Postal Service, Cleveland Processing & Distribution Center, Cleveland, OH
B.P. and U.S. Postal Service (ECAB 21-1116): Appeal of informational letter dismissed
A postal worker appealed an OWCP letter saying no further action would be taken on a claim because it duplicated another claim. The Board held that this was an informational letter, not a final adverse OWCP decision. Without a reviewable decision, it lacked jurisdiction and dismissed the appeal…
S.T. and Department of Veterans Affairs, VA Medical Center, Washington, DC
S.T. and Department of Veterans Affairs (ECAB 21-1060): Specific COVID-19 disability period not proved
A VA nurse contracted COVID-19 at work, and OWCP accepted her injury claim. She sought compensation for time away from work from November 13, 2020 through January 30, 2021. The Board found that a doctor's early estimate of a possible return date was speculative, while later medical reports…
B.C. and U.S. Postal Service, Harvest Post Office, Harvest, AL
B.C. and U.S. Postal Service (ECAB 21-0585): Back injury claim sent back to combine files
A postal rural carrier claimed a back injury from lifting a mail tray in May 2018. OWCP denied the claim after several rounds of reconsideration. The Board found that he had earlier claims involving his back, neck, and shoulders, including two accepted injury claims, but OWCP had not combined the…
T.B. and U.S. Postal Service, Kirkwood Post Office, St. Louis, MO
T.B. and U.S. Postal Service (ECAB 20-0255): Foot condition disability recurrence denied
A postal carrier with accepted bilateral foot conditions sought compensation for a later period when she said she could no longer work. The Board found no evidence that her limited duty job changed or was withdrawn. Her podiatrist reported symptoms and periods of total disability but did not…
Administrator, Wage and Hour Division v. Hearn's Enterprises, LLC
Administrator v. Hearn's Enterprises, LLC (DOL ARB 2020-0050): SCA liability and debarment affirmed with benefit correction
Hearn's Enterprises hauled U.S. mail under two federal contracts, and the Wage and Hour Division alleged that the company underpaid wages and health-and-welfare benefits. The Board affirmed findings that Hearn's Enterprises and Nick and Elena Hearn were responsible for the violations, but credited…
T.H. and U.S. Postal Service, Shaker Heights Post Office, Cleveland, OH
T.H. and U.S. Postal Service (ECAB 21-1141): Appeal of informational letter dismissed
A postal worker appealed what she identified as a July 20, 2021 OWCP decision. The Board found that the July 20 correspondence was informational and did not qualify as a final adverse decision it could review. Her appeal did not identify a separate June 7, 2021 OWCP decision affirming a forfeiture…
S.O. and Department of Homeland Security, U.S. Coast Guard, Washington, DC
S.O. and U.S. Coast Guard (ECAB 21-0975): Stress condition claim denial affirmed
A Coast Guard paralegal claimed that supervisory actions, harassment, and discrimination caused or aggravated several health conditions. The Board held that the record did not establish error or abuse in the personnel matters she identified, including leave, pay, accommodation, and work…
R.M. and Department of Veterans Affairs, Robley Rex VA Medical Center, Louisville, KY
R.M. and Robley Rex VA Medical Center (ECAB 21-0602): Fall injury claim denial affirmed
A VA health technician reported falling on a wet floor while walking to her clinic in January 2019. OWCP accepted that the incident occurred but denied her claim because the medical evidence did not sufficiently connect her diagnosed hip and back conditions to the fall. The Board found that her…
P.H. and U.S. Postal Service, Post Office, Oklahoma City, OK
P.H. and U.S. Postal Service (ECAB 19-1354): Denial of reconsideration affirmed
A postal worker sought to reopen a forfeiture matter arising from her failure to report involvement in a family business on a compensation reporting form. The Board had already upheld the related forfeiture and overpayment in an earlier decision. In this appeal, it reviewed only OWCP's refusal to…
S.N. and U.S. Postal Service, Downtown Post Office, Wichita, KS
S.N. and U.S. Postal Service (ECAB 21-0070): Additional foot surgery denial affirmed
A postal carrier sought authorization for further foot and ankle surgery after an accepted ankle sprain and tarsal tunnel condition. OWCP denied the request. The Board gave special weight to an impartial physician's opinion that repeating the nerve release would not be medically warranted and that…
United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
John J. Pershing VAMC and AFGE Local 2338 (FLRA 0-AR-5646): Authority rejects exception to arbitrator's letter
AFGE Local 2338 pursued a grievance concerning workplace conditions at the John J. Pershing VA Medical Center after withdrawing a related unfair-labor-practice charge. The Center asked the arbitrator to dismiss the grievance under statutory election-of-forum rules. The arbitrator acknowledged the…
M.S. and U.S. Postal Service, Post Office, Inglewood, CA
M.S. and U.S. Postal Service (ECAB 21-1251): Benefits termination affirmed; later disability remanded
A postal worker received benefits for accepted foot conditions. The Board upheld OWCP's January 2020 termination because a second opinion examination at that time found no continuing work related residuals or disability. For her claim of disability or residuals after termination, however, a later…
I.S. and Department of Veterans Affairs, Orlando VA Medical Center, Orlando, FL
I.S. and Orlando VA Medical Center (ECAB 21-1198): Reconsideration denial affirmed
A VA medical supply technician sought to reopen a claim involving a fall at work in February 2019. OWCP had earlier denied the claim for lack of proof that her diagnosed conditions were caused by that incident. The Board reviewed only OWCP's later refusal to reconsider the merits. It found that her…
P.F. and U.S. Postal Service, Main Post Office, Humble, TX
P.F. and U.S. Postal Service (ECAB 21-0166): Appeal dismissed as late
A postal worker appealed an OWCP decision issued May 8, 2020. The Board calculated November 4, 2020 as the last day of its 180 day filing period, but the appeal was filed November 12. It found no documented compelling circumstances to excuse the late filing. The Board dismissed the appeal for lack…
B.C. and Department of the Navy, United States Naval Ship Comet, FPO, San Francisco, CA
B.C. and Department of the Navy (ECAB 20-0566): Outdoor home modification denial affirmed
A former Navy seaman with accepted injuries from a 1968 accident requested changes to make his home more accessible. OWCP approved indoor changes but denied an outdoor wheelchair ramp and other exterior work. The Board found that his physician did not adequately explain how the present need for…
C.W. and Department of Veterans Affairs, National Cemetery Administration, St. Louis, MO
C.W. and National Cemetery Administration (ECAB 22-0009): Trigger finger claim denial affirmed
A VA program specialist sought compensation for trigger finger in her left middle finger, which she attributed to years of keyboard work. OWCP accepted that she performed the described work but denied the claim for lack of sufficient medical proof of causation. The Board found that physicians…
R.H. and Department of Veterans Affairs, Sheridan Veterans Affairs Medical Center, Sheridan, WY
R.H. and Sheridan VA Medical Center (ECAB 21-1382): Injury claim and reconsideration denials affirmed
A VA police officer reported a back injury and blood exposure while controlling a patient at work. OWCP accepted that the incident happened but denied the claim because the submitted records did not establish a diagnosed condition tied to it. The Board agreed that the nurse practitioner and…
T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
T.M. and Marine Corps Logistics Base (ECAB 21-1310): Disability recurrence and reconsideration denied
A former Navy mechanic sought compensation for a recurrence of disability connected to an accepted 2000 injury. OWCP denied the claim. The Board found that his physician described several conditions and said he was disabled, but did not explain how the accepted injury caused disability beginning in…
M.M. and Department of Veterans Affairs, Veterans Health Administration, Minneapolis VA Medical Center, Minneapolis, MN
M.M. and Minneapolis VA Medical Center (ECAB 21-1159): Elbow injury claim denial affirmed
A VA supply technician reported elbow pain while pushing a difficult cart at work in March 2020. OWCP accepted that the incident occurred but denied the injury claim. The Board found that one physician documented pain without a firm diagnosis or causation opinion, while another diagnosed elbow…
D.B. and U.S. Postal Service, Post Office, Omaha, NE
D.B. and U.S. Postal Service (ECAB 21-0550): Knee condition claim denial affirmed
A postal carrier claimed that years of walking his delivery routes caused or aggravated a left knee meniscus condition. One treating physician linked the condition to his work but did not explain how the walking caused it. Other treatment notes and scans did not supply that causal explanation. The…
A.C. and Department of the Interior, Bureau of Safety & Environmental Enforcement, Washington, DC
A.C. and Bureau of Safety and Environmental Enforcement (ECAB 21-1285): Reconsideration denial affirmed
A federal worker challenged the end of wage loss benefits for an accepted left foot injury. Her appeal identified only OWCP's refusal to reconsider the matter, so the Board did not review the earlier decisions on the merits. It found that her argument about conflicting medical evidence had already…
B.M. and U.S. Postal Service, Post Office, Houston, TX
B.M. and U.S. Postal Service (ECAB 21-1185): Robbery injury claim denial affirmed
A postal carrier reported being robbed at gunpoint while working in February 2021. A police report confirmed the robbery. OWCP asked her to explain what injury she claimed resulted from it and to provide medical evidence, but the record contained no response. The Board found that the claim did not…
D.M. and U.S. Postal Service, Mitchell Post Office, Mitchell, SD
D.M. and U.S. Postal Service (ECAB 21-0908): Hip condition claim sent back for medical review
A postal carrier claimed that years of walking, lifting, and other route duties caused or worsened right hip osteoarthritis. OWCP denied the claim for insufficient medical proof. The Board found that his physician's reports explained enough about those duties and his condition to raise an…
M.B. and Department of the Army, U.S. Army Medical Command, Madigan Army Medical Center, Joint Base Lewis-McChord, WA
M.B. and Madigan Army Medical Center (ECAB 21-0555): Request to add conditions denied
An Army medical center employee had an accepted right shoulder injury and sought to add depression, anxiety, and a cognitive disorder to her FECA claim. Her treating physician and an OWCP physician disagreed about whether the injury caused or aggravated those conditions. OWCP obtained an impartial…
R.H. and Department of Homeland Security, Transportation Security Administration, Seattle, WA
R.H. and Transportation Security Administration (ECAB 21-0493): Claim expansion sent back for impartial review
A former TSA lead screener sought to add cervical conditions to a claim already accepted for spine injuries. His treating physician attributed the additional conditions to luggage handling duties, while OWCP's medical adviser considered them unrelated preexisting conditions. The Board found a…
A.W. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX
A.W. and U.S. Postal Service (ECAB 20-0448): Overpayment upheld; fault finding sent back
A postal clerk received wage loss payments after returning to full time work in October 2018. The Board agreed that those payments created a $6,905.83 overpayment through January 5, 2019. It could not uphold OWCP's separate finding that she was at fault because copies of the payment checks were…
S.W. and Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, MO
S.W. and John J. Pershing VA Medical Center (ECAB 20-0008): Related mold exposure claims must be combined
A medical technologist claimed breathing problems and swelling after mold exposure at work. OWCP denied his traumatic injury claim, finding that the alleged January 2019 exposure was not established. The worker had also filed an occupational disease claim involving mold exposure and the same…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Ashland, Kentucky and American Federation of Government Employees, Local 1286, Council of Prison Locals 33
FCI Ashland and AFGE Local 1286 (FLRA 0-AR-5719): Authority remands attorney-fee amount
An arbitrator found FCI Ashland liable under the Fair Labor Standards Act and retained jurisdiction over implementation and attorney fees. The Union filed its fee petition one day after the arbitrator's deadline while the parties had been discussing settlement. The arbitrator excused the delay and…
H.R. and U.S. Postal Service, Post Office, Jerome, ID
H.R. and U.S. Postal Service (ECAB 22-0003): Overpayment and denial of waiver upheld
A postal worker continued receiving wage loss compensation after returning to full time work in July 2021. The Board found that this created a $3,223.12 overpayment through August 14, 2021, although she was without fault. It upheld OWCP's denial of a waiver because she did not fully document her…
B.H. and Department of Homeland Security, Immigration & Customs Enforcement, Laredo, TX
B.H. and Immigration & Customs Enforcement (ECAB 21-1110): Right arm impairment award ordered
A criminal investigator injured his right wrist during survival training, and OWCP accepted the injury. OWCP later denied his claim for a permanent impairment schedule award. A treating surgeon reviewed an impairment rating, and an OWCP medical adviser independently agreed that the wrist injury…
D.P. and U.S. Postal Service, Rochester Processing & Distribution Center
D.P. (ECAB 21-0970 and 21-0972): Schedule award claims returned for combined review
A postal mail processor sought schedule awards under two accepted claims involving her upper extremities. OWCP awarded seven percent right arm and nine percent left arm impairment under one file but denied an award under the other. The Board found that both files concerned the left upper extremity…
D.P. and U.S. Postal Service, Rochester Processing & Distribution Center, Rochester, NY
D.P. and U.S. Postal Service (ECAB 21-0970 and 21-0972): Related arm injury claims must be combined
A postal worker sought schedule awards under two accepted injury claims involving her left upper extremity. OWCP granted an award under one claim for impairment of both upper extremities and denied an award under the other. The Board found that OWCP needed to combine the claim files to evaluate the…
L.C. and Department of the Treasury, Internal Revenue Service, Fresno, CA
L.C. and Internal Revenue Service (ECAB 21-0701): Federal retirement offset overpayment upheld
An IRS employee received FECA wage loss benefits while also receiving Social Security retirement benefits attributable to her federal service. The Board found that OWCP had properly calculated a $16,873.21 overpayment because the required offset had not been applied during the periods at issue…
P.B. and Department of the Treasury, Internal Revenue Service, Syracuse, NY
P.B. and Internal Revenue Service (ECAB 21-0667): Injury while kicking a cat toy was outside work duties
An IRS employee working from home fell and fractured her left upper arm while trying to kick a toy toward her cat. She said the toy was in her path as she walked to her home office, and the fall occurred during scheduled work hours. OWCP denied her injury claim as outside the performance of duty…
J.C. and Department of Justice, Federal Bureau of Prisons, FCI Memphis, Memphis, TN
J.C. and FCI Memphis (ECAB 21-0301): Knee claim expansion and treatment denied
A corrections officer injured both knees when part of a floor gave way at work, and OWCP accepted bilateral knee contusions. He asked OWCP to add left knee osteoarthritis and a right meniscus tear to the claim and to authorize a left knee injection and right knee surgery. The Board found that his…
UHS of Westwood Pembroke, Inc. and UHS of Delaware, Inc.
Repeat workplace-violence citation affirmed
Employees at Pembroke Hospital, an inpatient psychiatric facility, were exposed to physical assaults by patients while providing care and responding to crises. The Commission found that the hospital owner and its management company operated as a single employer because they shared the worksite…
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.