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

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

Board upholds denial of postal worker's back and foot condition claim (ECAB 21-0932)

A postal sales and distribution associate claimed that standing, bending, and moving items at work caused back and foot pain. OWCP asked for a detailed account of the activities she believed caused the conditions, but she did not respond. Her supervisor described the job generally, and a doctor…

February 10, 2022 ·ECAB
Affirmed
COMM

L.D. and U.S. Postal Service, Processing & Distribution Center, Nashville, TN

Board upholds one-day wage claim and head injury expansion denials (ECAB 21-0765)

A mail processing clerk had accepted right knee and hip conditions after falling at work. She sought wage-loss compensation for one later workday and asked OWCP to add a head injury to the claim. The Board found no medical evidence establishing work-related disability on that day, and the head CT…

February 10, 2022 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 3707 and United States Department of the Air Force, Westover Air Reserve Base

Westover Air Reserve Base and AFGE Local 3707 (FLRA 0-AR-5726): Authority upholds late-grievance ruling

Two AFGE Local 3707 representatives requested official time for a labor and firefighter training program. Westover Air Reserve Base informed them on May 6, 2019, that it would approve only part of the requested hours, and they used annual leave for the balance. The Union filed a grievance on June…

February 10, 2022 ·FLRA
Upheld
COMM

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-5642): Authority bars duplicate proposed-removal grievance

An employee filed an EEO complaint alleging that a proposed removal contributed to a racially hostile work environment. Later that week, AFGE Local 2338 filed a grievance alleging that the same proposed removal was discriminatory bullying and harassment. An arbitrator found the grievance arbitrable…

February 10, 2022 ·FLRA
Set aside
COMM

R.K. and U.S. Postal Service, Post Office, Lake Helen, FL

Board finds improper discipline a work factor and remands emotional condition claim (ECAB 20-0623)

A postal carrier claimed an emotional condition arising from workplace discipline and alleged harassment. A grievance decision had rescinded a warning letter because the employer lacked just cause to issue it. The Board found that the improper warning established one compensable work factor. It…

February 9, 2022 ·ECAB
Remanded
COMM

L.L. and U.S. Postal Service, Post Office, Greensboro, NC

Board upholds denial of carrier's ankle and foot injury claim (ECAB 21-0991)

A rural carrier associate stepped into a hole while returning to her mail truck and reported a left ankle injury. OWCP accepted that the incident occurred but denied the claim for insufficient medical proof of causation, and the Board upheld an earlier denial. She later submitted another podiatrist…

February 9, 2022 ·ECAB
Affirmed
COMM

R.H. and Department of Homeland Security, Transportation Security Administration, Seattle, WA

Board reverses termination of security screener's wage-loss compensation (ECAB 20-1442)

A lead security screener received wage-loss compensation for accepted neck and back conditions, including an L4-5 herniated disc, after a 2005 work injury. OWCP terminated wage-loss payments in June 2018 after an impartial medical examiner attributed his remaining limitations to age-related…

February 9, 2022 ·ECAB
Vacated
COMM

R.S. and U.S. Postal Service, James A. Farley Post Office, New York, NY

Board upholds postal worker's overpayment and repayment deductions (ECAB 20-0624)

A postal letter carrier received wage-loss compensation for accepted hip conditions and later began receiving Social Security retirement benefits based in part on federal service. OWCP found that it had not reduced her compensation to account for the federal-service portion of those retirement…

February 9, 2022 ·ECAB
Affirmed
COMM

General Electric Company

In re General Electric Company (EAB RCRA Appeal No. 21-01): Hybrid PCB disposal approach upheld

EPA Region 1 issued General Electric Company a corrective-action permit for polychlorinated biphenyl contamination in the Housatonic River in Massachusetts and Connecticut. The permit used a hybrid disposal approach, sending the most highly contaminated waste off site and allowing less-contaminated…

February 8, 2022 ·EPA EAB
Affirmed
COMM

Bishop v. United Parcel Service, Inc.

STAA claim denial affirmed after driving accident

UPS feeder driver Timothy Bishop had previously won a STAA case and returned to work in 2013. In 2019, UPS discharged him after he fell asleep while driving a tractor-trailer, entered the road median, and received a traffic citation. Bishop argued that the earlier protected activity contributed to…

February 8, 2022 ·DOL ARB
Affirmed
COMM

R.L. and U.S. Postal Service, McDonough Post Office, McDonough, GA

Board upholds denial of postal worker's claimed April to May disability (ECAB 21-1256)

A postal rural carrier had an accepted back injury from carrying a heavy parcel and later returned to modified work. She claimed wage-loss compensation for April 23 through May 10, 2021. Her physician advised time off and listed back pain among several conditions, but did not explain how the…

February 8, 2022 ·ECAB
Affirmed
COMM

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

Board dismisses postal worker's appeal of an informational letter (ECAB 21-1199)

A postal worker appealed a February 4, 2021 letter about an earlier Board dismissal. The Board found that the letter merely gave information and was not a final adverse decision by OWCP. The record contained no other OWCP decision within the period the Board could review. It dismissed the appeal…

February 8, 2022 ·ECAB
Procedural
COMM

D.J. and U.S. Postal Service, Post Office, Evergreen Park, IL

Board sends postal worker's disability claim back for review of medical evidence (ECAB 21-0826)

A postal carrier had an accepted back strain and head contusion from a work vehicle accident. She sought compensation for a later period of disability, including time beginning January 2, 2021. OWCP denied that claim, but its decision did not discuss a March 30, 2021 medical report or several…

February 8, 2022 ·ECAB
Remanded
COMM

N.M. and U.S. Postal Service, Cedar Rapids Processing and Distribution Center, Cedar Rapids, IA

Board orders new impairment review after postal worker's shoulder award (ECAB 20-1046)

A postal processing clerk sought a schedule award after an accepted left shoulder injury and rotator cuff repair. OWCP awarded six percent additional left arm impairment after accounting for a prior one percent award, then denied his request to change the award. The Board found that a full review…

February 8, 2022 ·ECAB
Remanded
COMM

M.E. and U.S. Postal Service, Post Office, Crossville, TN

Board upholds postal worker's retirement offset overpayment (ECAB 20-0771)

A postal rural letter carrier received wage-loss compensation for accepted right shoulder conditions and also received Social Security retirement benefits tied in part to federal service. OWCP found that it had failed to offset the retirement benefits between October 2016 and September 2019…

February 8, 2022 ·ECAB
Affirmed
COMM

United States Department of Veterans Affairs, John J. Pershing VA Medical Center and American Federation of Government Employees, Local 2338

John J. Pershing VAMC and AFGE Local 2338 (FLRA 0-AR-5617): Authority removes whistleblower finding

The John J. Pershing VA Medical Center suspended a union president for five days based on unauthorized disclosure of health information and disparaging comments. An arbitrator rejected the disclosure charge, reduced the discipline to a letter of reprimand, and separately found whistleblower…

February 8, 2022 ·FLRA
Modified
ALJ

Secretary of Labor v. P.W. Gillibrand of Texas, Inc.

Missing fire-warning sign violation affirmed

P.W. Gillibrand of Texas operates the Voca West sand plant in Texas. MSHA cited the mine because its grease station lacked a visible sign prohibiting smoking and open flames. Judge David P. Simonton found a fire hazard because an open drip barrel contained combustible paper and rags beside grease…

February 7, 2022 ·David P. Simonton ·FMSHRC
Modified
COMM

3M Company

In re 3M Company (EAB CAA 22-01C): self-disclosed air-pollution violations settled

3M Company conducted a corporate audit of environmental compliance at its manufacturing facilities and voluntarily disclosed violations involving notification, reporting, recordkeeping, inspection, performance testing, monitoring, work practices, and emission standards. The agreement says the…

February 7, 2022 ·EPA EAB
Settled
COMM

G.B. and U.S. Postal Service, Post Office, Chesapeake, VA

Board upholds denial of postal carrier's cervical radiculopathy claim (ECAB 21-1126)

A city carrier claimed that years of sorting and delivering mail caused cervical radiculopathy and pain in her arms and hands. Her physician diagnosed radiculopathy and checked boxes indicating that work caused or aggravated it. The Board found that those check marks gave no medical explanation…

February 7, 2022 ·ECAB
Affirmed
COMM

N.S. and Department of Homeland Security, Customs & Border Patrol, College Park, GA

Board returns shoulder condition claim for review of overlooked reports (ECAB 21-1102)

A mission support specialist had accepted neck and right shoulder conditions after repetitive copying and filing at work. She asked OWCP to recognize additional shoulder conditions, including a rotator cuff tear, but OWCP denied expansion of the claim. The Board found that OWCP's reconsideration…

February 7, 2022 ·ECAB
Remanded
COMM

S.M. and Department of the Air Force, Altus Air Force Base, Altus, OK

Board upholds refusal to reopen Air Force employee's ankle claim (ECAB 21-1028)

An Air Force fire protection specialist reported an ankle sprain after stepping down from a bunkroom bed at work. OWCP accepted that the incident happened but denied the injury claim because the medical evidence did not connect her diagnosed conditions to it. She asked OWCP to reconsider, and OWCP…

February 7, 2022 ·ECAB
Affirmed
COMM

Q.N. and U.S. Postal Service, North Texas Processing and Distribution Center, Coppell, TX

Board dismisses postal worker's appeal filed after deadline (ECAB 21-1015)

A postal worker appealed an OWCP decision dated December 10, 2020. The 180-day filing period ended June 8, 2021, but the appeal was filed June 15. The Board found no documented compelling circumstance explaining the delay. It dismissed the appeal for lack of jurisdiction without reviewing the…

February 7, 2022 ·ECAB
Procedural
COMM

N.C. and Department of Veterans Affairs, Seattle VA Medical Center, Seattle, WA

Board upholds denial of added headache condition for VA worker (ECAB 21-0934)

A VA pharmacy technician had an accepted neck and shoulder injury after lifting fluid bags at work. He sought to add headaches to the claim, saying they followed cervical traction used in treatment. Several physicians attributed the headaches to traction, but the Board found that their reports did…

February 7, 2022 ·ECAB
Affirmed
COMM

M.G. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Pittsburgh, PA

Board upholds VA worker's $75,644 retirement offset overpayment (ECAB 21-0818)

A VA medical center worker received wage-loss compensation for an accepted neck injury and later received Social Security retirement benefits tied in part to federal service. OWCP found that compensation had not been reduced by the required offset from June 2012 through December 2020, creating a…

February 7, 2022 ·ECAB
Affirmed
COMM

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

Board orders reasoned decision on postal worker's late reconsideration request (ECAB 21-0597)

A postal processing clerk's claim for respiratory conditions after workplace exposures was denied years earlier. She asked OWCP to reconsider, but the request came more than one year after the last merits decision. OWCP denied it without explaining whether her arguments and evidence showed the…

February 7, 2022 ·ECAB
Remanded
COMM

Y.J. and U.S. Postal Service, Cardiss Collins Processing and Distribution Center, Chicago, IL

Board reverses termination of postal worker's medical benefits (ECAB 20-1337)

A postal mail handler received medical benefits for accepted conditions in both shoulders and hands after repetitive work on mail sorting machines. OWCP stopped those benefits in July 2019, relying on a physician it had designated as an impartial examiner. The Board found that the earlier second…

February 7, 2022 ·ECAB
Vacated
COMM

M.C. and U.S. Postal Service, Post Office, Boston, MA

Board orders clarification of postal worker's back and neck claim (ECAB 21-1254)

A postal city carrier filed a traumatic injury claim for neck and back pain after getting in and out of his truck to load mail. He later explained that the pain had developed over weeks of work. The Board found that this account and the medical evidence called for OWCP to determine whether he was…

February 4, 2022 ·ECAB
Remanded
COMM

N.C. and U.S. Postal Service, Brooklyn Processing & Distribution Center, Brooklyn, NY

Board reverses postal worker's overpayment finding (ECAB 21-1020)

A postal mail handler received workers' compensation and Social Security retirement benefits. OWCP found that she had received a $71,832.29 overpayment because it had not offset the part of her Social Security benefits attributed to federal service, and it denied waiver of recovery. The Board found…

February 4, 2022 ·ECAB
Vacated
COMM

S.B. and Department of Defense, Defense Finance & Accounting Service, Indianapolis, IN

Board orders medical review of workplace water exposure claim (ECAB 21-0856)

A Defense Finance and Accounting Service technician claimed she developed legionella pneumonia after using restroom tap water at work. OWCP accepted the workplace exposure but denied the claim for lack of medical proof connecting it to her conditions. The Board found that her doctor's report did…

February 4, 2022 ·ECAB
Remanded
COMM

D.W. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH

Board upholds denial of mail handler's intermittent wage loss claims (ECAB 21-0778)

A postal mail handler injured her knees, forearms, and hip when she fell while trying to help a coworker. She later claimed wage loss for intermittent absences in 2020. OWCP denied the claims because the medical record did not establish disability on the claimed dates. The Board agreed: the medical…

February 4, 2022 ·ECAB
Affirmed
COMM

R.P. and Department of Veterans Affairs, Dublin VA Medical Center, Dublin, GA

Board remands nurse's reconsideration request for review of omitted report (ECAB 21-0720)

A VA practical nurse sought compensation for a recurrence of disability related to an accepted lower back strain. After OWCP denied the recurrence claim, she requested reconsideration. The Board agreed that her request came after the filing deadline, which required her to show clear evidence of…

February 4, 2022 ·ECAB
Remanded
COMM

F.R. and U.S. Postal Service, Post Office, Chicago, IL

Board orders combined knee injury record and new medical review (ECAB 21-0065)

A postal carrier technician sought to add a right knee condition to his accepted left knee injury claim. OWCP denied the request after relying on an impartial examiner's opinion. The Board found that the record did not include other accepted claims concerning the carrier's knees, so the examiner…

February 4, 2022 ·ECAB
Remanded
COMM

L.B. and Department of Agriculture, Forest Service, San Bernardino, CA

Board orders new pay rate review for injured Forest Service volunteer (ECAB 20-1361)

A Forest Service volunteer contracted Lyme disease after a tick bite during volunteer work and later received a schedule award. OWCP calculated the award using the pay rate for a GS-3 Forestry Aid. A retired ranger who had worked with her described the volunteer position as equivalent to a GS-5…

February 4, 2022 ·ECAB
Remanded
COMM

Matter of F-R-A-

Forfeiture established fraud loss over $10,000

The Board reviewed a Ghanaian lawful permanent resident's removability after his conviction for conspiring to commit wire fraud. It held that a criminal forfeiture amount may establish more than $10,000 in victim loss for the aggravated-felony fraud provision when the amount is traceable and…

February 3, 2022 ·BIA
Affirmed
COMM

D.Elores Bellows and U.S. Postal Service, Post Office, Coppell, TX

D.Elores Bellows (ECAB 20-1393 and 22-0390): Disability and overpayment claims returned for combined review

A postal worker had accepted claims for injuries from separate 2018 and 2019 falls. OWCP denied wage loss compensation under one file because it had paid compensation for the same period under the other, and it also found an $8,704.82 overpayment after the worker returned to part-time work. The…

February 3, 2022 ·ECAB
Remanded
COMM

E.K. and U.S. Postal Service, Main Post Office, Orland Park, IL

Board upholds denial of late reconsideration of suitable work ruling (ECAB 21-1144)

A postal carrier with accepted ankle and wrist injuries lost wage loss and schedule award benefits after OWCP found that she refused a suitable modified job. She later asked OWCP to reconsider, saying she had accepted the offer and reported to work. The Board found that the request was late. OWCP…

February 3, 2022 ·ECAB
Affirmed
COMM

J.R. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Big Springs, TX

Board upholds denial of prison officer's knee disability recurrence claim (ECAB 21-0830)

A correctional officer had an accepted right knee meniscus injury sustained while helping subdue an inmate. He later claimed a recurrence of work disability beginning in October 2020. The Board found that the operative report he submitted described surgery in 2009 but gave no opinion about his…

February 3, 2022 ·ECAB
Affirmed
COMM

Y.A. and Department of Veterans Affairs, East Orange VA Medical Center, East Orange, NJ

Board upholds termination of VA nurse's injury medical benefits (ECAB 21-0698)

A VA nurse had accepted shoulder and back strains after intervening in a struggle with a patient. OWCP terminated medical benefits after an impartial orthopedic examiner found no remaining injury-related condition. The Board held that the examiner had reviewed the history and diagnostic studies…

February 3, 2022 ·ECAB
Affirmed
COMM

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

Board upholds shoulder claim denial and hearing abandonment finding (ECAB 21-0593)

A postal mail processing clerk reported shoulder pain after lifting a mail tray. OWCP accepted that the incident occurred but denied her injury claim because the medical evidence did not adequately link her diagnosed rotator cuff condition to that incident. The Board agreed that the physicians'…

February 3, 2022 ·ECAB
Affirmed
COMM

E.G. and Department of the Army, Brooke Army Medical Center, Fort Sam Houston, TX

Board orders reconstruction of record for Army employee's impairment claim (ECAB 20-1398)

An Army facilities officer with accepted bilateral carpal tunnel and ulnar nerve conditions sought a larger schedule award for arm impairment. OWCP granted one additional percent for her left arm and denied an additional right arm award. The Board could not review those findings because two earlier…

February 3, 2022 ·ECAB
Remanded
COMM

Delores Bellows and U.S. Postal Service, Post Office, Coppell, TX

Board orders combined review of postal worker's disability and overpayment claims (ECAB 20-1393 and 22-0390)

A postal mail handler had accepted injuries involving her back, hips, and knees under separate OWCP files. OWCP found an $8,704.82 overpayment in one file after concluding that she had received wages and wage loss benefits for the same period. It also denied disability compensation in the other…

February 3, 2022 ·ECAB
Remanded
COMM

L.E. and Department of Veterans Affairs, VA Medical Center, New Orleans, LA

Board orders explanation of late reconsideration request denial (ECAB 20-1269)

A VA health technician sought approval for left knee replacement surgery after an accepted right knee injury. OWCP denied the surgery request, and she later asked it to reconsider. The Board agreed that her reconsideration request was filed too late for ordinary review. OWCP had also denied the…

February 3, 2022 ·ECAB
Remanded
COMM

M.B. and Department of Justice, Federal Bureau of Investigation Academy, Quantico, VA

Board recognizes trainee's rib contusion and remands other injury issues (ECAB 21-1236)

An FBI Academy trainee reported injuring his left ribcage during a grappling exercise. OWCP denied the claim because it found no proven diagnosis caused by the incident. The Board found that contemporaneous medical observations established a visible bulge and contusion, a minor injury that did not…

February 2, 2022 ·ECAB
Remanded
COMM

L.P. and Department of Homeland Security, Transportation Security Administration, Long Island Islip-MacArthur Airport, East Elmhurst, NY

Board remands airport sidewalk fall claim for parking and shift facts (ECAB 21-1079)

An airport security employee reported falling on a sidewalk while walking from the terminal toward employee parking after leaving work. OWCP denied the claim after finding that the parking lot was outside the employer's premises and was not owned, controlled, or managed by it. The Board found that…

February 2, 2022 ·ECAB
Remanded
COMM

M.B. and U.S. Postal Service, Aurora Post Office, Aurora, IL

Board upholds denial of mail carrier's shoulder injury claim (ECAB 21-0922)

A mail carrier reported neck, shoulder, and arm pain after reaching for a package in his delivery vehicle. OWCP accepted that the incident occurred but denied compensation for lack of proof that it caused a diagnosed condition. His orthopedic surgeon attributed his symptoms to the incident, but the…

February 2, 2022 ·ECAB
Affirmed
COMM

M.T. and Department of Veterans Affairs, Alexandria Medical Center, Pineville, LA

Board accepts nurse's patient-repositioning incident and remands injury claim (ECAB 21-0583)

A VA nurse reported shoulder pain after repeatedly repositioning a patient and pulling a draw sheet. He initially listed May 7, 2020 as the incident date, then said the work occurred on May 6. OWCP denied the claim because it considered his accounts inconsistent. The Board found that the described…

February 2, 2022 ·ECAB
Remanded
COMM

M.S. and Department of Homeland Security, Immigration & Customs Enforcement, Newark, NJ

Board upholds denial of immigration agent's recurrence claim (ECAB 20-1543)

An immigration enforcement agent had accepted cervical injuries and later lost her job because her employer considered her prescribed medications incompatible with law enforcement duties. She claimed a recurrence of total disability beginning with her removal. The Board found that her physicians…

February 2, 2022 ·ECAB
Affirmed
COMM

C.K. and U.S. Postal Service, Seminole Processing & Distribution Center, Orlando, FL

Board upholds refusal to reopen postal manager's emotional condition claim (ECAB 20-1443)

A postal maintenance manager claimed that workplace harassment and disputed leave decisions caused an emotional condition. OWCP denied the claim because it found no proven compensable work factor. On this appeal, the Board reviewed only OWCP's later refusal to reopen the claim. It found that the…

February 2, 2022 ·ECAB
Affirmed
COMM

S.H. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center, Houston, TX

Board remands hospital worker's fall claim for specialist review (ECAB 20-1345)

A VA hospital housekeeping aide reported head, neck, back, and abdominal symptoms after falling from a rolling stool while collecting trash. OWCP accepted that the fall occurred but denied the claim for lack of a medical link to his conditions. A treating physician attributed the diagnosed sprains…

February 2, 2022 ·ECAB
Remanded
COMM

J.V. and Department of Energy, Southeastern Courier Section, Oak Ridge, TN

Board remands benefit overpayment calculation after conflicting notices (ECAB 20-0952)

A former Energy Department courier received both FECA wage-loss benefits and Social Security retirement benefits attributable to federal service. OWCP first notified him of a $10,831.76 overpayment, which he paid, but its later decision claimed the overpayment was $107,831.76 and did not credit the…

February 2, 2022 ·ECAB
Remanded
COMM

R.H. and U.S. Postal Service, Belmont Post Office, Belmont, MA

Board upholds hip impairment award and denial of physician subpoenas (ECAB 19-1503)

A postal carrier sought a larger schedule award for work-related aggravation of arthritis in both hips. OWCP had awarded impairment ratings of 23 percent for the right lower extremity and 18 percent for the left, based on an impartial examiner's assessment. The Board found that examiner's report…

February 2, 2022 ·ECAB
Affirmed
COMM

S.B. and Department of Homeland Security, Transportation Security Administration, Portland International Airport, Portland, OR

Board reverses reduction of airport screener's wage-loss benefits (ECAB 19-0781)

A former airport security screener received compensation for an accepted back injury. OWCP reduced her benefits after she declined computer training for an order clerk job it had selected through vocational rehabilitation. The Board found that the job required frequent reaching, while her treating…

February 2, 2022 ·ECAB
Vacated
COMM

S.H. and Department of the Air Force, Tinker Air Force Base, OK

Board upholds refusal to reopen Air Force worker's skin condition claim (ECAB 21-1267)

An Air Force human resources specialist claimed that workplace exposure caused scabies and another diagnosed condition. OWCP had denied the claim on the merits because it found the medical evidence did not sufficiently connect the conditions to the accepted exposure. This appeal addressed only…

February 1, 2022 ·ECAB
Affirmed
COMM

C.Y. and U.S. Postal Service, Post Office, Dallas, TX

Board upholds refusal to reopen postal carrier's schedule award claim (ECAB 21-1049)

A postal carrier had an accepted psychological injury after an assault at work and repeatedly sought a schedule award. OWCP's prior merits decisions denied the award because FECA does not provide one for the accepted psychiatric conditions without impairment of a scheduled body member or function…

February 1, 2022 ·ECAB
Affirmed
COMM

G.J. and U.S. Postal Service, Athens Main Post Office, Athens, GA

Board upholds postal supervisor's injury denial and hearing abandonment ruling (ECAB 21-0528)

A postal customer service supervisor reported that a customer threw parcels at her arm and caused shoulder and back pain. OWCP accepted that the incident happened but denied the injury claim because the medical record listed pain without a diagnosed condition or causal opinion. The Board upheld…

February 1, 2022 ·ECAB
Affirmed
COMM

Kenneth M. Spears v. Consolidation Coal Company

Spears v. Consolidation Coal Company (BRB 21-0280 BLA): benefits award affirmed

Kenneth M. Spears received black lung benefits after the judge found 16.19 years of underground coal mine work and a totally disabling respiratory impairment. Those findings allowed Spears to invoke the fifteen-year presumption, which the employer did not rebut. On appeal, the employer challenged…

January 31, 2022 ·BRB
Affirmed
COMM

James B. Duty v. Cow Creek Coal Company

Duty v. Cow Creek Coal Company (BRB 21-0213 BLA): benefits denial sent back for disability review

James B. Duty sought black lung benefits in a subsequent claim after 19 years of underground coal mine work. The judge found legal pneumoconiosis but denied benefits because he found no totally disabling respiratory impairment. The Board held that conflicting height measurements mattered to the…

January 31, 2022 ·BRB
Remanded
COMM

Joseph Paluch, Jr. v. Keystone Coal Mining Corporation and CONSOL Energy, Incorporated

Paluch v. Keystone Coal Mining (BRB 21-0122 BLA): benefits award affirmed

Joseph Paluch, Jr. received black lung benefits after the judge found 22.5 years of underground mine work and accepted the employer's concession of total respiratory disability. The employer argued that its medical evidence rebutted the fifteen-year presumption. The Board upheld the judge's…

January 31, 2022 ·BRB
Affirmed
COMM

Flava O'Neil Young v. Eastern Coal Corporation and Pittston Company

Young v. Eastern Coal Corporation (BRB 21-0083 BLA): benefits award affirmed

Flava O'Neil Young sought benefits in a subsequent black lung claim after at least 15.70 years of qualifying mine work and a totally disabling respiratory impairment. The employer challenged the presumption's constitutionality and argued that its doctors had ruled out coal dust as a cause of…

January 31, 2022 ·BRB
Affirmed
COMM

Kellis C. Barton v. Clinchfield Coal Company

Barton v. Clinchfield Coal Company (BRB 20-0566 BLA): benefits denial sent back for medical opinion review

Kellis C. Barton sought black lung benefits after 19.59 years of qualifying coal mine work. The judge denied his claim because objective tests did not establish total respiratory disability and she favored a doctor's opinion that Barton could still work. The Board held that a reasoned medical…

January 31, 2022 ·BRB
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.