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.

63,539 decisions and counting · Latest decision October 28, 2026
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COMM

M.J. and U.S. Postal Service, Post Office, Berkeley Heights, NJ

Board upholds wage earning capacity determination (ECAB 20-1263)

M.J. sought to change a loss of wage earning capacity decision based on his actual earnings as a customer care representative. He had worked in that position for more than 60 days, and the evidence did not show the original determination was wrong. His medical submissions also did not establish a…

September 14, 2021 ·ECAB
Affirmed
COMM

D.C. and Department of Housing and Urban Development, Community Planning & Development State & Small Cities Division, Washington, DC

Board upholds seven percent leg impairment award (ECAB 20-0916)

D.C. sought more than the seven percent left leg impairment previously compensated. She did not submit a physician’s rating under the required impairment guide establishing a higher award. The Board also found her reconsideration requests did not meet the requirements for reopening the merits. It…

September 14, 2021 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Post Office, North Reading, MA

Board confirms overpayment but orders new amount calculation (ECAB 20-0494)

J.P. received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board upheld the finding that an overpayment existed. It could not confirm OWCP’s $27,527.54 calculation because the Social Security record did not give the exact…

September 14, 2021 ·ECAB
Mixed result
COMM

M.R. and Department of Veterans Affairs, Veterans Health Administration, Minneapolis, MN

Board orders further review of shoulder injury (ECAB 20-0101)

M.R. sought acceptance of a right shoulder condition after a patient pulled on her outstretched arm at work. Her physician explained how that motion could have torn the shoulder tendon. The Board found the opinion insufficient to prove causation outright but strong enough to require additional…

September 14, 2021 ·ECAB
Remanded
COMM

J.C. and Department of Homeland Security, Federal Emergency Management Agency, Bothell, WA

Board dismisses appeal without reviewable OWCP decision (ECAB 21-0511)

J.C. appealed three purported OWCP decisions and requested oral argument. The transmitted record contained no final adverse OWCP decision issued within the appeal period. The Board therefore lacked jurisdiction to hear the appeal and denied oral argument.

September 10, 2021 ·ECAB
Procedural
COMM

N.K. and U.S. Postal Service, Post Office, Jersey City, NJ

Board orders review of knee injury after forklift accident (ECAB 20-1634)

N.K. sought to add a right knee condition to her accepted injury claim after a forklift ran over her foot. Her doctor explained that she twisted the knee while pulling her leg away. The Board found the opinion insufficient to establish causation by itself but enough to require a specialist’s…

September 10, 2021 ·ECAB
Remanded
COMM

R.Q. and U.S. Postal Service, FDR Station Post Office, New York, NY

Board upholds denial of lumbar condition claim (ECAB 20-0585)

R.Q. attributed several lumbar diagnoses to lifting a mail tub at work. Her physicians stated that the incident caused the conditions but did not adequately explain the medical mechanism. The Board found the opinions insufficient to establish causation and affirmed the denial.

September 10, 2021 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Duluth, GA

Board seeks facts about withdrawal of modified work (ECAB 20-0021)

J.W. sought wage loss compensation after stopping modified postal work for an accepted shoulder injury. The record did not establish whether her limited duty assignment remained available or had been withdrawn. The Board directed OWCP to obtain clarification from the employer and decide whether she…

September 10, 2021 ·ECAB
Remanded
ALJ

Secretary of Labor obo Miguel Pugmire v. Nevada Gold Mines, LLC

Ventilation allegation added to complaint

Miguel Pugmire alleged that Nevada Gold Mines terminated him after he removed four headings from service because of low airflow readings. Discovery produced evidence that he had also raised ventilation concerns at an earlier meeting attended by the manager who later terminated him. The Secretary…

September 9, 2021 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Secretary of Labor v. Cactus Canyon Quarries, Inc.

Interlocutory review denied

Cactus Canyon Quarries sought immediate Commission review after an administrative law judge refused to certify earlier discovery and summary-judgment rulings. The Commission found that those rulings did not present a controlling question of law. It also found that immediate review would not…

September 9, 2021 ·FMSHRC
Procedural
COMM

Kinnett v. Sotera Defense Solutions

Jurisdictional dismissal affirmed

Robert Kinnett filed an OFCCP charge alleging that federal contractor Sotera Defense Solutions discriminated against him based on sexual orientation and religion. OFCCP closed the matter for insufficient evidence, and Kinnett pursued a Title VII case that was dismissed by a federal district court…

September 9, 2021 ·DOL ARB
Affirmed
COMM

Ellis v. Goodheart Specialty Meats

First reconsideration motion denied

Mary Ann Ellis alleged that Goodheart Specialty Meats terminated her because she complained about a chicken product. An ALJ granted summary decision to the company, and the Board affirmed because Ellis gave no basis to disturb that ruling. Ellis then sought reconsideration. The Board held that she…

September 9, 2021 ·DOL ARB
Procedural
COMM

M.M. and Department of the Navy, Fire & Emergency Services, San Diego, CA

Board upholds denial of right wrist claim (ECAB 21-0373)

M.M. sought compensation for a right wrist condition after an accepted workplace incident. His physicians documented treatment but did not provide a reasoned opinion tying the condition to that incident. Reports signed only by physician assistants and diagnostic images also did not establish causal…

September 9, 2021 ·ECAB
Affirmed
COMM

M.S. and Department of Commerce, U.S. Census Bureau, Bethesda, MD

Board upholds denial of ankle injury claim (ECAB 21-0126)

M.S. reported twisting her left ankle while working. A doctor diagnosed a distal fibula fracture but did not explain whether the accepted incident caused it. Other records were work excuses without a causal opinion. The Board found the medical evidence insufficient and affirmed the denial.

September 9, 2021 ·ECAB
Affirmed
COMM

M.H. and U.S. Postal Service, Cleveland-Shaker Heights Post Office, Cleveland, OH

Board rejects augmented award based on grandchild custody (ECAB 21-0115)

M.H. sought a higher dependency rate because she had legal custody of her minor grandchild. The Board held that the grandchild did not qualify as a dependent under the FECA provision governing augmented compensation on this record. It affirmed OWCP’s denial.

September 9, 2021 ·ECAB
Affirmed
COMM

H.H. and U.S. Postal Service, Waukesha Post Office, Waukesha, WI

Board requires medical review of shoulder schedule award (ECAB 21-0055)

H.H. sought a schedule award and submitted a physician’s report estimating permanent impairment. OWCP denied the claim without sending the report to a district medical adviser for review. The Board held that OWCP needed to develop the record under its procedures. It remanded for a guide based…

September 9, 2021 ·ECAB
Remanded
COMM

S.H. and Department of the Army, Watervliet Arsenal, Watervliet, NY

Board upholds denial of occupational hearing loss claim (ECAB 20-1633)

S.H. attributed binaural hearing loss to workplace noise. An OWCP referral physician explained why the hearing test pattern better matched age related loss. A contrary doctor’s statement that work noise was the likely cause was speculative and less persuasive. The Board found no supported causal…

September 9, 2021 ·ECAB
Affirmed
COMM

S.G. and U.S. Postal Service, Northern New Jersey Performance Cluster, Kearney, NJ

Board orders medical development of disability recurrence (ECAB 20-1308)

S.G. claimed a recurrence of disability after stopping work in March 2017. Her physicians linked worsening symptoms to previously accepted conditions, but their reports did not prove the claim outright. The Board found they raised an uncontradicted causal inference that required further review. It…

September 9, 2021 ·ECAB
Remanded
COMM

P.S. and Department of Agriculture, Food Safety & Inspection Service, Scranton, PA

Board upholds refusal to reopen shoulder claim (ECAB 20-1090)

P.S. sought reconsideration of a denied shoulder injury claim. His legal arguments had already been addressed, and a new doctor’s statement repeated an earlier opinion about rotator cuff aggravation. The Board found no new, pertinent evidence or argument meeting the reopening requirements. It…

September 9, 2021 ·ECAB
Affirmed
COMM

E.S. and Department of Veterans Affairs, Veterans Canteen Service, St. Louis, MO

Board upholds denial of wage loss after suitable work refusal (ECAB 20-0706)

OWCP had terminated E.S.’s wage loss and schedule award entitlement after she refused suitable work. She later accepted a light duty position and then claimed a new period of disability. The Board held that the earlier statutory penalty barred further monetary compensation for the same injury, even…

September 9, 2021 ·ECAB
Affirmed
COMM

E.B. and U.S. Postal Service, Post Office, Macon, GA

Board upholds denial of claimed disability period (ECAB 20-0447)

E.B. sought compensation for total disability from May 31 through June 22, 2016 after an accepted injury. The Board found her later submissions did not establish that the accepted condition caused total disability during that period. Physical therapy records could not supply a physician’s causal…

September 9, 2021 ·ECAB
Affirmed
COMM

National Treasury Employees Union and United States Department of the Treasury, Internal Revenue Service

IRS and NTEU (FLRA 0-NG-3525): Authority defers peer-coaching petition to grievance process

The IRS and NTEU bargained over a new peer-coaching initiative but disputed four proposals. NTEU filed a negotiability petition and later filed a grievance alleging that the IRS unlawfully implemented the initiative before bargaining was complete. The Authority held that the grievance and petition…

September 9, 2021 ·FLRA
Procedural
COMM

Secretary of Labor v. Champlain Stone, Ltd.

Misaddressed contest excused

Champlain Stone timely prepared a contest of proposed penalties but mailed it to MSHA's St. Louis payment office with payment for uncontested violations. The company discovered the mistake after receiving a delinquency notice and then sought reopening. The Secretary did not oppose relief but urged…

September 8, 2021 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Blue Mountain Minerals

Reopening motion dismissed as moot

Blue Mountain Minerals asked the Commission to reopen a penalty assessment that appeared to have become final because no contest was recorded. The Secretary later confirmed that the operator had timely requested a hearing and that MSHA's mail processing had delayed discovery of the contest. MSHA…

September 8, 2021 ·FMSHRC
Procedural
COMM

C.S. and U.S. Postal Service, Processing & Delivery Center, Macon, GA

Board orders impartial impairment rating (ECAB 20-1149)

C.S.’s treating physician and OWCP’s district medical adviser gave different ratings for permanent left arm impairment. Their dispute covered both range of motion and diagnosis based methods under the impairment guide. The Board found an unresolved medical conflict and ordered referral to an…

September 8, 2021 ·ECAB
Remanded
ALJ

North American Crane & Rigging LLC

Crane swing-radius citation vacated

North American Crane & Rigging used a lattice-boom crane and an assist crane while dismantling a crane at a Massachusetts construction site. OSHA alleged that the company failed to mark the boundaries of the cranes' swing-radius hazard areas. The judge found no swing-radius hazard at the…

September 8, 2021 ·Sharon D. Calhoun ·OSHRC
Citations vacated
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection and American Federation of Government Employees, Local 3307, National Border Patrol Council

Customs and Border Protection and AFGE Local 3307 (FLRA 0-AR-5688): Authority vacates attorney-fee award

An arbitrator rescinded a two-day suspension because Customs and Border Protection failed to propose discipline at the earliest practicable date, even though the employee admitted the misconduct and the agency proved the charges. The arbitrator then awarded attorney fees, reasoning that reduction…

September 8, 2021 ·FLRA
Set aside
COMM

Mazenko v. Pegasus Aircraft Management, LLC

Late appeal accepted

Stirling Mazenko filed an AIR21 retaliation appeal months after the ten-business-day deadline, explaining that his lawyer had not received the ALJ's decision. During the COVID-19 pandemic, the ALJ had changed from regular mail and a familiar email address to email-only service from a new automated…

September 7, 2021 ·DOL ARB
Procedural
COMM

E.M. and U.S. Postal Service, Post Office, Cleveland, OH

Board upholds refusal to add conditions to injury claim (ECAB 21-0512)

E.M. sought acceptance of additional conditions after a November 2020 work injury. The Board found the submitted medical evidence did not adequately link those conditions to the accepted event. It affirmed OWCP’s decision.

September 7, 2021 ·ECAB
Affirmed
COMM

R.L. and U.S. Postal Service, Wellesley Hills Post Office, Wellesley Hills, MA

Board upholds denial of hip and knee osteoarthritis claim (ECAB 21-0397)

R.L. attributed right hip and knee osteoarthritis to factors of his postal work. The Board found the medical evidence did not adequately explain how those duties caused or aggravated the conditions. It affirmed OWCP’s denial.

September 7, 2021 ·ECAB
Affirmed
COMM

K.C. and Securities & Exchange Commission, Benefits Branch, New York, NY

Board rejects impartial report that disputed accepted injuries (ECAB 21-0260)

K.C. claimed a recurrence of disability tied to accepted spinal conditions. The impartial examiner questioned whether several conditions OWCP had already accepted were work related and gave an inadequately reasoned disability opinion. The Board held that his report could not resolve the medical…

September 7, 2021 ·ECAB
Remanded
COMM

S.C. and U.S. Postal Service, Raytown Post Office, Kansas City, MO

Board orders related knee claims combined (ECAB 20-1082)

S.C. claimed a left knee condition under a new file. OWCP had already accepted a left knee strain and meniscus tear under an earlier file, but did not combine the records. The Board held that the related files had to be combined for a fair decision and remanded for a new determination.

September 7, 2021 ·ECAB
Remanded
COMM

J.P. and U.S. Postal Service, Processing & Distribution Center, San Francisco, CA

Board upholds overpayment but reverses fault finding (ECAB 20-0481)

J.P. received FECA wage loss and Social Security retirement benefits without the required offset, causing an $18,432.73 overpayment. The Board upheld the amount but found that he was without fault, reversing OWCP’s contrary finding. It remanded for OWCP to address recovery under that corrected…

September 7, 2021 ·ECAB
Mixed result
COMM

R.D. and U.S. Postal Service, Post Office, Richmond, VA

Board recognizes reported incident and orders medical review (ECAB 21-0539)

R.D. reported stepping from a postal vehicle onto grass and injuring her right knee on October 3, 2020. The Board found her consistent account and her supervisor’s acknowledgment established an incident in the performance of duty. It remanded because OWCP had not evaluated the medical evidence. The…

September 3, 2021 ·ECAB
Mixed result
COMM

S.O. and U.S. Postal Service, Post Office, Washington, DC

Board upholds finding that hearing request was abandoned (ECAB 21-0526)

S.O. did not attend his scheduled telephonic hearing or ask to postpone it. He also did not request a new hearing within the ten days allowed afterward. The Board held that OWCP properly treated the oral hearing request as abandoned and affirmed.

September 3, 2021 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, San Juan, PR

Board orders further review of multiple injury conditions (ECAB 21-0504)

J.M. claimed several spinal and limb conditions after maneuvering to avoid a container at work. Her physician described how the motion could have strained muscles, ligaments, and nerves. The Board found the report insufficient to prove the claim outright but enough to require further medical…

September 3, 2021 ·ECAB
Remanded
COMM

T.S. and Department of Health & Human Services, Indian Health Service, Alaska Area Native Health Service, Sitka, AK

Board confirms overpayment but questions amount (ECAB 21-0028)

T.S. received FECA wage loss and Social Security retirement benefits without the required offset. Two Social Security calculation forms gave different rates without federal service, and OWCP did not resolve the discrepancy. The Board therefore upheld the existence of an overpayment but could not…

September 3, 2021 ·ECAB
Mixed result
COMM

L.G. and U.S. Postal Service, Huntington Beach Station, Huntington Beach, CA

Board divides fault period for $7,187.61 overpayment (ECAB 20-1342)

L.G. received a $7,187.61 overpayment between November 2019 and February 2020. The Board found him without fault through January 4, 2020, but at fault for the later portion. It remanded for OWCP to consider waiver of recovery for the period when he was without fault.

September 3, 2021 ·ECAB
Mixed result
COMM

S.D. and U.S. Postal Service, Post Office, Oceanside, CA

Board orders impartial review of lumbar recurrence claim (ECAB 20-0827)

S.D. claimed a recurrence of disability associated with an accepted lumbar injury. Her doctor attributed lumbar instability to the work condition, while a district medical adviser disputed the diagnosis and disability. The Board found a genuine medical conflict and directed OWCP to obtain an…

September 3, 2021 ·ECAB
Remanded
COMM

R.S. and Department of the Interior, National Park Service, Washington, DC

Board revises fault findings for two overpayments (ECAB 20-0177)

R.S. received $1,500.86 at an incorrect augmented compensation rate and $67,945.28 in attendant allowance payments. The Board upheld the existence and amounts of both overpayments. It found he was not at fault for the initial period of the augmented payment or the initial period of the attendant…

September 3, 2021 ·ECAB
Mixed result
COMM

E.B. and Department of Justice, Federal Bureau of Prisons, Morgantown, WV

Board orders proper review of late reconsideration request (ECAB 21-0348)

E.B. requested reconsideration years after the last merit decision. OWCP assessed the request under the rule for timely applications, though it was filed late. The Board held that OWCP had to use the clear evidence of error standard and issue a new decision.

September 2, 2021 ·ECAB
Remanded
COMM

P.B. and U.S. Postal Service, Las Vegas Processing & Distribution Center, Las Vegas, NV

Board requires OWCP to review submitted medical reports (ECAB 21-0157)

P.B. submitted several medical reports before OWCP denied his occupational claim. The decision stated that no further evidence had arrived and did not discuss those reports. The Board held that OWCP had to consider the timely submitted evidence and remanded for a new decision.

September 2, 2021 ·ECAB
Remanded
COMM

J.B. and Department of Homeland Security, Federal Law Enforcement Training Center, Glynco, GA

Board requires reasons for reconsideration denial (ECAB 21-0074)

J.B. sought reconsideration and submitted argument and evidence. OWCP summarily denied the request without addressing those submissions or explaining why they did not warrant merit review. The Board held that OWCP had to state findings and reasons and remanded for a new decision.

September 2, 2021 ·ECAB
Remanded
COMM

C.S. and U.S. Postal Service, Canal Street Station Post Office, New York, NY

Board rejects additional conditions and disability claim (ECAB 21-0051)

C.S. sought acceptance of additional back and leg conditions after an accepted injury. The medical reports did not adequately connect the new diagnoses to that injury. They also did not prove work related disability starting October 24, 2017. The Board affirmed both denials.

September 2, 2021 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Hilo, HI

Board upholds $14,852.67 benefit overpayment (ECAB 20-0445)

P.M. received FECA wage loss and Social Security retirement benefits without the required offset, creating a $14,852.67 overpayment. The Board found he was without fault but had not shown grounds for waiver. It also upheld deductions of $332.56 every 28 days from continuing compensation.

September 2, 2021 ·ECAB
Affirmed
COMM

E.H. and U.S. Postal Service, Post Office, Nashville, TN

Board upholds denial of overpayment waiver (ECAB 20-0065)

E.H. sought waiver of recovery of an established overpayment. His income exceeded ordinary expenses by more than the waiver threshold, and he had not shown that he gave up a valuable right in reliance on the payments. The Board held that OWCP properly denied waiver.

September 2, 2021 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 3184 and Social Security Administration

Social Security Administration and AFGE Local 3184 (FLRA 0-AR-5705): Authority upholds procedural dismissal

The parties' agreement required them to meet within thirty days after receiving an arbitrator panel, attempt agreement, strike names if necessary, and have the invoking party notify the mediation service of the selection. An arbitrator dismissed the union's grievance for failure to comply with…

September 2, 2021 ·FLRA
Upheld
COMM

International Brotherhood of Electrical Workers, Local 113 v. Administrator, Wage and Hour Div., USDOL

IBEW Local 113 v. Wage and Hour Division (DOL ARB 2020-0039): seasonal-worker benefit ruling affirmed

IBEW Local 113 represented seasonal grounds workers employed by KIRA on an Army Corps of Engineers maintenance contract at Fort Carson. The union alleged that KIRA failed to pay fringe benefits required by the collective bargaining agreement and the Service Contract Act. The Board agreed with the…

September 1, 2021 ·DOL ARB
Affirmed
COMM

C.W. and Department of Commerce, U.S. Census Bureau, Bethesda, MD

Board upholds denial where medical reports were missing (ECAB 21-0336)

C.W. submitted medical bills and a pharmacy receipt after an accepted employment incident. The corresponding medical reports were absent from the record. Those payment records did not establish a diagnosis or causal relationship. The Board affirmed the denial.

September 1, 2021 ·ECAB
Affirmed
COMM

K.C. and Department of Commerce, National Oceanic & Atmospheric Administration, Silver Spring, MD

Board reverses carpal tunnel benefit termination (ECAB 20-1628)

OWCP relied on an impartial examiner to end benefits for accepted bilateral carpal tunnel and right cubital tunnel conditions. The examiner questioned whether those already accepted conditions were work related, contrary to the statement of accepted facts. His opinion therefore lacked the weight…

September 1, 2021 ·ECAB
Vacated
COMM

J.S. and U.S. Postal Service, Planetarium Post Office, New York, NY

Board upholds termination of injury benefits (ECAB 20-1409)

OWCP ended J.S.’s benefits after an impartial examiner found that accepted injury residuals and disability had resolved. The Board gave that reasoned opinion special weight and found the later medical submission did not establish continued work related disability. It affirmed the termination.

September 1, 2021 ·ECAB
Affirmed
COMM

Fraternal Order of Police, Local Lodge 168 and United States Department of the Air Force, 87th Air Base Wing, Joint Base McGuire-Dix-Lakehurst, New Jersey

Joint Base McGuire-Dix-Lakehurst and FOP Lodge 168 (FLRA 0-AR-5716): Authority upholds hazard-pay grievance dismissal

The Fraternal Order of Police sought hazard pay based on COVID-19 exposure and an alleged lack of protective equipment. The parties' agreement required a grievance within fifteen days of the incident or knowledge of it. An arbitrator found the grievance untimely because the union knew of the…

September 1, 2021 ·FLRA
Upheld
COMM

Robert W. Fields v. Clinchfield Coal Company/Pittston Company

Fields v. Clinchfield Coal (BRB 20-0449 BLA): black lung award affirmed

Robert Fields worked in coal mining for 12.05 years and received an award of black lung benefits. In an earlier appeal, the Board upheld findings that he had coal workers' pneumoconiosis and a total respiratory disability, but directed the judge to reconsider a doctor's contrary opinion on what…

August 31, 2021 ·BRB
Affirmed
COMM

Kenneth E. Collins v. Glen Alum Operations, LLC and The Insurance Company of Pennsylvania

Collins v. Glen Alum Operations (BRB 20-0434 BLA): benefits denial remanded

Kenneth Collins worked in coal mining for 7.72 years and underwent a double lung transplant. An administrative law judge found that he had pneumoconiosis and a total respiratory disability but denied benefits after deciding that pneumoconiosis did not substantially contribute to that disability…

August 31, 2021 ·BRB
Remanded
COMM

Carol Eppley, on behalf of and widow of Virgil E. Eppley, v. Central Ohio Coal Company

Eppley v. Central Ohio Coal (BRB 20-0415 and 20-0416 BLA): miner and survivor awards affirmed

Carol Eppley pursued her late husband's black lung claim and her own survivor claim. A judge found that Virgil Eppley had more than 36 years of surface coal mine work with regular dust exposure and a totally disabling respiratory condition, invoking the fifteen-year presumption. The Board upheld…

August 31, 2021 ·BRB
Affirmed
COMM

Carol Eppley, on behalf of and widow of Virgil E. Eppley, v. Central Ohio Coal Company

Eppley v. Central Ohio Coal (BRB 20-0415 and 20-0416 BLA): miner and survivor awards affirmed

Carol Eppley pursued her late husband's black lung claim and her own survivor claim. A judge found that Virgil Eppley had more than 36 years of surface coal mine work with regular dust exposure and a totally disabling respiratory condition, invoking the fifteen-year presumption. The Board upheld…

August 31, 2021 ·BRB
Affirmed
COMM

Barry M. Lilley v. Consolidation Coal Company

Lilley v. Consolidation Coal (BRB 20-0400 BLA): modified black lung award affirmed

Barry Lilley's black lung claim was denied twice before he sought a second modification. A judge then found him totally disabled after 21.9 years of qualifying coal mine work, applied the fifteen-year presumption, and awarded benefits. The employer challenged the disability finding but gave no…

August 31, 2021 ·BRB
Affirmed
COMM

Harold K. Phillips v. Clinchfield Coal Company

Phillips v. Clinchfield Coal (BRB 20-0381 BLA): black lung award on modification affirmed

Harold Phillips worked underground in coal mines for 23 years and had a totally disabling respiratory condition. An earlier judge denied benefits after finding that the employer had rebutted the fifteen-year presumption, but a judge reviewing Phillips's modification request found that determination…

August 31, 2021 ·BRB
Affirmed
COMM

Donnie E. Holcomb, widow of James E. Holcomb, v. Carter Roag Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund

Holcomb v. Carter Roag Coal (BRB 20-0364 BLA): survivor benefits affirmed

Donnie Holcomb sought survivor benefits after her husband James, who had worked underground in coal mines for 23 years, died. A judge found that he had a totally disabling respiratory condition and applied the presumption that his death was due to pneumoconiosis. The employer argued that his lung…

August 31, 2021 ·BRB
Affirmed
COMM

Carl McIntosh v. Metec, Incorporated and Old Republic Insurance Company

McIntosh v. Metec (BRB 20-0361 BLA): black lung award affirmed without presumption

Carl McIntosh's subsequent black lung claim was awarded after a judge found that coal dust contributed to his chronic bronchitis and totally disabling lung impairment. His 14.336 years of coal mine work fell short of the fifteen years needed for the statutory presumption, so the judge evaluated his…

August 31, 2021 ·BRB
Affirmed

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.