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

P.U. and U.S. Postal Service, National Distribution Center, Jersey City, NJ

Board upholds seven percent right arm impairment award (ECAB 21-0382)

P.U., a postal tractor trailer operator, sought a larger schedule award for his right arm after an accepted rotator cuff tear. He submitted medical impairment ratings, and OWCP reviewed the extent of permanent impairment under the required guides. The Board found that the evidence did not establish…

July 13, 2021 ·ECAB
Affirmed
COMM

T.D. and U.S. Postal Service, Madison Square Garden Station, New York, NY

Board upholds termination of thumb injury benefits (ECAB 21-0321)

T.D., a postal mail handler, had an accepted left thumb injury and received compensation after stopping work. OWCP obtained a second medical opinion reporting no objective residuals of the accepted condition and no continuing work disability from it. The Board found that OWCP met its burden to…

July 13, 2021 ·ECAB
Affirmed
COMM

F.L. and Department of the Navy, Marine Corps Logistics Maintenance, Barstow, CA

Board orders merits review of arsenic exposure claim (ECAB 21-0304)

F.L., a retired sandblaster, claimed arsenic poisoning linked to his work. His reconsideration request arrived more than one year after OWCP's denial, but the Board found clear evidence of error in the original conclusion that his claim was filed too late. Records showed that arsenic poisoning was…

July 13, 2021 ·ECAB
Remanded
COMM

F.L. and Department of the Treasury, Internal Revenue Service, Farmers Branch, TX

Board upholds refusal to reopen hand disease claim (ECAB 20-1288)

F.L., an IRS financial specialist, attributed numbness in both hands to prolonged typing and hand position at work. After OWCP denied the claim, she requested reconsideration. The Board found that her request did not present a new qualifying legal argument or relevant new evidence requiring merit…

July 13, 2021 ·ECAB
Affirmed
COMM

S.K. and U.S. Postal Service, Oshkosh Post Office, Oshkosh, WI

Board upholds denial of postal worker ankle claim (ECAB 20-1246)

S.K., a postal worker, claimed a left ankle injury from a November 5, 2019 work incident. A physician diagnosed an ankle sprain but did not explain how the accepted incident caused it. The Board found that this did not establish medical causation. It also found that the reconsideration submission…

July 13, 2021 ·ECAB
Affirmed
COMM

T.C. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

Board reverses termination of shipyard worker benefits (ECAB 20-1163)

T.C., a naval shipyard worker, received benefits for accepted back conditions. OWCP terminated them based on a second opinion, but the facts sent to the physician listed only one of the accepted conditions. The Board found that the incomplete statement of accepted facts undermined the medical…

July 13, 2021 ·ECAB
Vacated
COMM

L.F. and U.S. Postal Service, Post Office, Indianapolis, IN

Board orders combined files for postal worker neck claim (ECAB 20-1047)

L.F., a postal mail processing clerk, attributed neck and shoulder conditions to duties in a modified position assigned after an accepted arm injury. OWCP decided the new occupational disease claim without combining it with the earlier accepted claim. The Board found that the related files needed…

July 13, 2021 ·ECAB
Remanded
COMM

Briggs & Stratton, LLC

In re Briggs & Stratton, LLC (EAB CAA Appeal 21-01C): mower certification settlement approved

Briggs & Stratton manufactures outdoor power equipment with nonroad engines. The Consent Agreement states that the company produced approximately 2,194 model year 2021 zero-turn mowers before the application date of the applicable certificate of conformity, and that the mowers were therefore not…

July 12, 2021 ·EPA EAB
Settled
COMM

A.K. and U.S. Postal Service, Bloomington Post Office, Bloomington, IL

Board upholds denial of carrier lumbar disease claim (ECAB 21-0278)

A.K., a city carrier, attributed a lumbar condition to repeated lifting, walking, bending, and other postal duties. Earlier Board review had found the medical evidence insufficient. New reports asserted a work connection but did not explain the medical mechanism linking her duties to the diagnosed…

July 12, 2021 ·ECAB
Affirmed
COMM

H.T. and Department of Veterans Affairs, Hunter Holmes McGuire Veterans Affairs Medical Center, Richmond, VA

Board declines to expand accepted claim to pain syndrome (ECAB 20-1238)

H.T., a VA laundry worker, sought to expand an accepted injury claim to include complex regional pain syndrome. A physician diagnosed that condition, but the submitted reports did not adequately explain how accepted work factors caused it. Some forms checked a causation box without a supporting…

July 12, 2021 ·ECAB
Affirmed
COMM

J.S. and Department of the Army, Public Works Department, Naval Air Station, Marietta, GA

Board upholds termination of injury benefits (ECAB 20-0934)

J.S., a maintenance mechanic, received benefits for an accepted work injury. OWCP later obtained a medical opinion finding no continuing disability or residuals from the accepted injury. The Board found that OWCP met its burden to terminate wage-loss and medical benefits effective September 17…

July 12, 2021 ·ECAB
Affirmed
COMM

P.S. and Department of Homeland Security, Transportation Security Administration, Orlando, FL

Board upholds denial of shoulder surgery authorization (ECAB 20-0075)

P.S., a transportation security screener, had accepted shoulder conditions from moving baggage at work. He sought authorization for further right shoulder surgery. His physician attributed later arthritis and the proposed procedure to the work injury but did not adequately explain the medical…

July 12, 2021 ·ECAB
Affirmed
COMM

S.B. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service Houston Field Office, Houston, TX

Board upholds denial of air marshal knee claim (ECAB 20-0016)

S.B., a federal air marshal, attributed a right knee condition to work, including a mandatory fitness assessment. OWCP asked him to clarify the claimed work factors and complete a factual questionnaire, but he did not respond. The Board found that the record did not establish the circumstances of…

July 12, 2021 ·ECAB
Affirmed
COMM

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

NTEU and HHS (FLRA 0-AR-5506, 0-AR-5549, 0-AR-5560, 0-AR-5567): Authority vacates four bargaining awards

NTEU filed a 2017 unfair-labor-practice charge alleging that HHS bargained in bad faith by refusing to comply with an order that set ground rules for negotiations over a new collective-bargaining agreement. The Union later filed four grievances alleging additional bad-faith bargaining during the…

July 12, 2021 ·FLRA
Set aside
COMM

I.M. and U.S. Postal Service, Post Office, Honolulu, HI

Board upholds denial of postal clerk back injury claim (ECAB 21-0324)

I.M., a postal collection and delivery clerk, reported back pain after twisting to pull mail closer in a truck. OWCP accepted that the May 11, 2020 incident occurred. Medical reports diagnosed back symptoms and strain but largely repeated the account of the incident without explaining how it caused…

July 9, 2021 ·ECAB
Affirmed
COMM

H.T. and Department of Defense, Defense Logistics Agency, Red River Army Depot, TX

Board upholds hearing abandonment and wage loss denial (ECAB 21-0313)

H.T. requested a telephone hearing about continuation of pay, but did not attend the scheduled hearing after notice was mailed to his address of record. He also sought wage-loss compensation beginning September 15, 2020. The Board found that he abandoned the hearing and that reports signed only by…

July 9, 2021 ·ECAB
Affirmed
COMM

T.N. and Department of Homeland Security, Immigration & Customs Enforcement, San Diego, CA

Board orders findings on compensation reconsideration request (ECAB 21-0274)

T.N. sought reconsideration concerning wage-loss compensation for periods in 2012 and 2014. An earlier Board order had directed OWCP to apply the correct standard for an untimely request. On remand, OWCP did not make sufficient findings about the arguments and evidence T.N. submitted. The Board set…

July 9, 2021 ·ECAB
Remanded
COMM

S.B. and Department of the Army, Red River Army Depot, Texarkana, TX

Board upholds denial of disability after term job ended (ECAB 21-0182)

S.B., an Army depot worker with an accepted injury, worked within medical restrictions until a limited-duty term position ended in October 2016. He sought disability compensation beginning the next day. The Board found that the position's expiration did not itself prove injury-related disability…

July 9, 2021 ·ECAB
Affirmed
COMM

L.J. and U.S. Postal Service, Post Office, Vancouver, WA

Board upholds 12 percent right arm impairment award (ECAB 20-1044)

L.J., a rural mail carrier, filed an initial schedule award claim for her right arm after an accepted shoulder injury. Her physician combined two impairment methods to claim an 18 percent rating. The Board found that the rating did not justify an increase under the applicable guides and that the…

July 9, 2021 ·ECAB
Affirmed
COMM

G.H. and U.S. Postal Service, Post Office, Bristol, PA

Board upholds denial of continuing injury benefits and claim expansion (ECAB 20-0892)

G.H., a postal worker, sought continued benefits for an earlier accepted work injury and asked OWCP to add another condition to the claim. An earlier Board ruling had upheld termination of benefits. The medical evidence did not establish continuing disability or residuals after September 23, 2014…

July 9, 2021 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Parlin Post Office, Parlin, NJ

Board orders further review of carrier knee disability recurrence (ECAB 20-0286)

J.B., a postal mail carrier, claimed a recurrence of disability after an accepted left knee injury. His physician described pain and swelling when he tried returning to full duties. The Board found that the reports did not establish the recurrence outright but gave enough support to require OWCP to…

July 9, 2021 ·ECAB
Remanded
COMM

American Federation of Government Employees, Local 918 and United States Department of Homeland Security, Federal Protective Service

AFGE Local 918 and Federal Protective Service (FLRA 0-NG-3526): Authority finds contract-extension proposal elective

AFGE Local 918 proposed keeping every term of its expired 2011 agreement with the Federal Protective Service in effect until a successor agreement took effect. The parties agreed that the proposal covered both mandatory and permissive subjects of bargaining. The agency argued that it could stop…

July 9, 2021 ·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

Pershing VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5622): Authority denies reconsideration of probationary-termination ruling

AFGE Local 2338 had grieved the termination of a probationary employee who alleged that racial harassment caused the absence cited as the reason for removal. An arbitrator ordered reinstatement, but the Authority previously set aside that award because the negotiated grievance procedure did not…

July 9, 2021 ·FLRA
Procedural
COMM

D.K. and U.S. Postal Service, Main Post Office, Dallas, TX

Board upholds denial of schedule award for postal worker (ECAB 21-0303)

D.K., a postal worker, sought a schedule award after an accepted claim involving nose contusion, tinnitus, and vertigo. A physician rated whole person impairment, including postconcussion symptoms. The Board found that the submitted evidence did not establish permanent impairment of a scheduled…

July 8, 2021 ·ECAB
Affirmed
COMM

K.R. and Department of the Interior, National Park Service, Virgin Islands National Park, St. John, VI

Board dismisses late park service appeal (ECAB 21-0218)

K.R. appealed an OWCP nonmerit decision dated May 28, 2020. The 180-day Board appeal deadline expired November 24, 2020, but the appeal was filed December 1. No supported explanation established compelling circumstances for the delay, and there was no later final adverse decision within the appeal…

July 8, 2021 ·ECAB
Procedural
COMM

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

Board upholds denial of carrier arm injury claim (ECAB 20-1659)

S.H., a postal carrier, reported right arm and wrist injuries after falling while backing away from a dog at work. OWCP accepted that the July 13, 2019 incident occurred. Medical reports diagnosed conditions but did not adequately explain how the fall caused them. The Board found the causation…

July 8, 2021 ·ECAB
Affirmed
COMM

I.S. and Government Printing Office, Washington, DC

Board dismisses late printing office appeal (ECAB 20-1641)

I.S. sought Board review of a March 11, 2020 OWCP decision. A federal holiday extended the 180-day appeal deadline to September 8, but the appeal was not filed until September 14. I.S. said she first mailed the appeal to OWCP instead of the Board, but OWCP had told her to resubmit it while time…

July 8, 2021 ·ECAB
Procedural
COMM

J.F. and Department of the Army, Army Benefits Center, Civilian Medical Command, Fort Carson, CO

Board finds nurse fall occurred at work and orders medical review (ECAB 20-1604)

J.F., an Army nurse, fell in a workplace hallway after her ankle gave out. OWCP treated the fall as outside the performance of duty. The Board found the incident was an unexplained fall while she was carrying out work and that the record supported performance of duty. It reversed OWCP's decision…

July 8, 2021 ·ECAB
Remanded
COMM

J.S. and Department of the Air Force, Bien Hoa Air Base, Vietnam

Board waives filing deadline for Agent Orange claim (ECAB 20-1449)

J.S., a former civilian employee who served in Vietnam, claimed conditions related to Agent Orange exposure. His claim came more than one year after he learned of the possible work link, but within the five-year period applicable to the older exposure. The Board found sufficient cause to waive the…

July 8, 2021 ·ECAB
Remanded
COMM

S.B., claiming as widow of S.B., and U.S. Postal Service, Post Office, Lubbock, TX

Board orders estate collection procedures in overpayment case (ECAB 20-1099)

OWCP sought to recover an alleged Social Security offset overpayment from the estate of a deceased postal worker. His widow appealed. The Board found that the record did not show OWCP had followed procedures for recovering an existing debt after a beneficiary dies, including available federal…

July 8, 2021 ·ECAB
Remanded
COMM

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

Board orders medical adviser review of new arm impairment rating (ECAB 20-0644)

C.D., a postal clerk, sought a schedule award beyond seven percent impairment of her left arm. She submitted a new physician rating using the diagnosis based impairment method. OWCP's hearing representative rejected it without sending the report to an OWCP medical adviser for verification under…

July 8, 2021 ·ECAB
Remanded
COMM

A.G. and U.S. Postal Service, Post Office, Windsor Locks, CT

Board upholds denial of claimed postal clerk wage loss (ECAB 21-0268)

A.G., a postal clerk, sought disability compensation from July 7 through September 20, 2019 after an accepted work injury. The accepted conditions included knee contusions. The Board found that the medical evidence did not adequately establish that those conditions kept him from working during the…

July 7, 2021 ·ECAB
Affirmed
COMM

R.C. and U.S. Postal Service, Vadnais Heights Annex Post Office, St. Paul, MN

Board upholds injury denial but reopens reconsideration review (ECAB 20-1321)

R.C., a postal worker, attributed a lower back condition to lifting a box at work. The Board found the medical evidence insufficient to link the condition to the accepted incident and affirmed the claim denial. OWCP had then denied reconsideration without considering a physician report received the…

July 7, 2021 ·ECAB
Mixed result
COMM

Silky Associates, LLC

In re Silky Associates, LLC (EAB RCRA (9006) Appeal 21-02): default order affirmed

The EPA Region 3 Regional Judicial Officer found Silky Associates in default after it failed to answer an administrative complaint alleging five Underground Storage Tank violations. The Default Order assessed a $186,095 penalty. Silky later asked the EAB to cancel the order and argued that its…

July 6, 2021 ·EPA EAB
Affirmed
COMM

L.H. and U.S. Postal Service, Post Office, Burlington, KY

Board finds package lifting incident occurred at work (ECAB 20-1391)

L.H., a postal worker, reported low back and leg symptoms after twisting to keep packages and mail trays from falling in a delivery vehicle. OWCP had rejected the account of the December 19, 2019 incident. The Board found that the work event occurred as described. It set aside OWCP's decisions and…

July 6, 2021 ·ECAB
Remanded
COMM

W.N. and U.S. Postal Service, Post Office, Pittsburgh, PA

Board upholds knee injection and hearing denials (ECAB 20-1315)

W.N., a postal worker with an accepted right knee injury, sought authorization for a third series of knee injections already administered in July 2019. The treating physician did not adequately explain why that series was needed for the accepted condition. The Board found no abuse of discretion in…

July 6, 2021 ·ECAB
Affirmed
COMM

M.W. and U.S. Postal Service, Merrifield Post Office, Merrifield, VA

Board orders combined wrist claim files for postal worker (ECAB 20-1221)

M.W., a postal mail handler, had an accepted left wrist and forearm injury and later claimed repeated work duties worsened the wrist condition. OWCP decided the occupational disease claim in a separate file. The Board found that both files involved the same wrist and needed to be combined for a…

July 6, 2021 ·ECAB
Remanded
COMM

E.K. and U.S. Postal Service, Post Office, Hartly, DE

Board reverses wage earning capacity determination (ECAB 20-1028)

E.K. accepted a modified postal position, but its duties changed less than 60 days later. OWCP had based a wage earning capacity determination on the accepted position. The Board found the position was temporary because its duties changed so quickly. It reversed OWCP’s refusal to modify the…

July 6, 2021 ·ECAB
Vacated
COMM

J.P. and U.S. Postal Service, Post Office, Wakefield, RI

Board upholds refusal to reopen impairment claim (ECAB 20-0913)

J.P. sought reconsideration of an impairment determination. His representative repeated arguments made in an earlier request and supplied no relevant new evidence. The Board found that the repeated arguments did not justify reopening the merits. It affirmed OWCP’s refusal to reconsider.

July 6, 2021 ·ECAB
Affirmed
COMM

V.R. and U.S. Postal Service, Post Office, Los Angeles, CA

Board upholds overpayment and repayment schedule (ECAB 20-0571)

V.R. received compensation at an incorrect rate from July 1 through October 12, 2019. The Board found a $1,493.14 overpayment, although V.R. was not at fault. It upheld OWCP’s denial of a waiver and recovery through $50 deductions from continuing benefits every 28 days. OWCP had considered his…

July 6, 2021 ·ECAB
Affirmed
COMM

D.M. and Social Security Administration, Office of Disability Adjudication & Review, Washington, DC

Board upholds denial of emotional condition claim and subpoenas (ECAB 20-0500)

D.M. claimed an emotional condition arising from his work at the Social Security Administration. The Board found he had not established a compensable employment factor that caused the condition. It also found that OWCP did not abuse its discretion in denying his subpoena requests because he did not…

July 6, 2021 ·ECAB
Affirmed
COMM

T.H. and U.S. Postal Service, Post Office, Parkville, MD

Board reverses termination of injury benefits (ECAB 20-0312)

T.H. received benefits for accepted cervical conditions after a postal work injury. OWCP ended her wage loss and medical benefits effective April 23, 2019. The Board found an unresolved conflict between the treating physician and a second opinion physician about continuing injury residuals. OWCP…

July 6, 2021 ·ECAB
Vacated
COMM

S.D. and U.S. Postal Service, Harker Heights Post Office, Harker Heights, TX

Board orders further review of consequential knee claim (ECAB 21-0297)

S.D. sought to add a left knee condition to an accepted right foot and ankle injury claim. Dr. Martens attributed a meniscus tear to an altered gait while she wore a walking boot beginning in January 2018, before her July 2019 ankle surgery. The Board found the medical record required further…

July 2, 2021 ·ECAB
Remanded
COMM

C.W. and U.S. Postal Service, Post Office, Houston, TX

Board declines to expand accepted injury claim (ECAB 21-0287)

C.W. sought acceptance of additional physical and emotional conditions after a postal vehicle accident. OWCP had accepted cervical, lumbar, and left shoulder strains. The Board found that his newer medical reports did not adequately establish that the additional conditions were caused by the…

July 2, 2021 ·ECAB
Affirmed
COMM

B.T. and Tennessee Valley Authority, Widows Creek Fossil Plant, Stevenson, AL

Board orders independent examination of lung disease claim (ECAB 20-1665)

B.T., a retired boilermaker, claimed work related pneumoconiosis and bronchitis. His treating physician and OWCP’s referral physician disagreed about whether his pneumoconiosis was caused by work exposure. The Board found their opinions equally probative and ordered an impartial medical examination…

July 2, 2021 ·ECAB
Remanded
COMM

S.A. and U.S. Postal Service, Post Office, San Marcus, TX

Board remands claim for review of overlooked medical evidence (ECAB 20-1435)

S.A. sought compensation after a postal work injury and a later withdrawal of limited duty. She requested reconsideration and submitted medical reports. The Board found that OWCP had not fully discussed relevant evidence submitted before its June 25, 2020 decision. It set that decision aside and…

July 2, 2021 ·ECAB
Remanded
COMM

M.E. and U.S. Postal Service, Post Office, Millbrae, CA

Board upholds denial of knee injury claim (ECAB 20-1336)

M.E. claimed that he injured his left knee while delivering mail in November 2014. He filed the claim nearly three years later. The Board found that his account did not explain the mechanism of injury in enough detail and that the record did not confirm a timely report to his supervisor. It upheld…

July 2, 2021 ·ECAB
Affirmed
COMM

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

Board upholds eight percent arm impairment award (ECAB 20-0930)

B.J. sought an increased schedule award for his right arm. He previously received compensation for eight percent permanent impairment. The Board found that his attending physician’s new rating did not establish a greater impairment under the applicable rating method. It affirmed OWCP’s March 2…

July 2, 2021 ·ECAB
Affirmed
COMM

Department of Defense, Domestic Dependent Elementary and Secondary Schools, Fort Buchanan, Puerto Rico and Antilles Consolidated Education Association

Fort Buchanan Schools and Antilles Consolidated Education Association (FLRA BN-CA-17-0170): Authority vacates its earlier negotiability finding

This unfair-labor-practice dispute arose from negotiations between Fort Buchanan's school system and the Antilles Consolidated Education Association over a successor agreement. The Authority had previously found a workday provision nonnegotiable because it interfered with management's right to…

July 1, 2021 ·FLRA
Modified
COMM

M.D. and U.S. Postal Service, San Francisco Air Mail Center, San Francisco, CA

Board upholds denial of finger condition claim (ECAB 21-0349)

M.D. claimed that repetitive postal duties caused a right middle trigger finger. Her physician described gripping, grasping, and other work activities, but did not explain how they caused or aggravated the diagnosis. The Board found the medical evidence insufficient to establish causal…

July 1, 2021 ·ECAB
Affirmed
COMM

A.R. and Department of Homeland Security, Customs & Border Protection, Imperial, CA

Board upholds 15 percent leg impairment rating (ECAB 21-0346)

A.R., a border patrol agent, sought more than the 15 percent permanent impairment rating previously awarded for his left leg. His physician calculated a higher rating using reduced range of motion. The Board found that the applicable table did not permit that method for his condition and that the…

July 1, 2021 ·ECAB
Affirmed
COMM

D.P. and U.S. Postal Service, Atlanta-Northside Carrier Annex, Atlanta, GA

Board upholds overpayment and recovery from schedule award (ECAB 21-0327)

D.P. received wage loss and schedule award compensation at an incorrect pay rate. The Board found an overpayment of $3,759.87 from September 6, 2018 through July 18, 2020, though she was not at fault. It upheld OWCP’s denial of waiver and recovery by deductions of $588 every 28 days from continuing…

July 1, 2021 ·ECAB
Affirmed
COMM

J.C. and Small Business Administration, Office of Disaster Assistance, Herndon, VA

Board upholds one percent leg impairment award (ECAB 21-0288)

J.C. requested an increased schedule award for her left leg. OWCP had awarded compensation for one percent permanent impairment. The Board reviewed the medical rating evidence and found it did not establish greater left leg impairment under the applicable guides. It affirmed OWCP’s November 30…

July 1, 2021 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, Post Office, Jacksonville, FL

Board declines to increase knee impairment award (ECAB 20-1413)

T.B. sought a larger schedule award for his right leg, for which he had previously received compensation for 25 percent permanent impairment. The Board found that the newer treatment records did not establish a higher impairment rating. It affirmed OWCP’s refusal to increase the award. The Board…

July 1, 2021 ·ECAB
Affirmed
ALJ

Far From Broken Auto Sales, Inc. d/b/a/ Smart Choice Auto Sales, Inc.

Roof and ladder violations affirmed

Far From Broken Auto Sales bought, repaired, and sold used vehicles at a Florida property. Its employee replaced damaged plywood on a low-slope shed roof more than eight feet above the ground without fall protection and used an unsecured ladder placed in front of a doorway and open to vehicle…

July 1, 2021 ·John B. Gatto ·OSHRC
Citations affirmed
COMM

I.T. and U.S. Postal Service, Bergen South Station, Jersey City, NJ

Board splits ruling on knee injury benefits and claim expansion (ECAB 20-0001)

I.T. sought wage loss compensation, authorization for left knee surgery, and acceptance of additional knee conditions after an accepted work injury. The Board upheld the denial of disability from February 7 through August 7, 2015 and found no abuse of discretion in denying surgery. It found the…

July 1, 2021 ·ECAB
Mixed result
COMM

Matter of S-L-H- & L-B-L-

Late arrival justified reopening

The Board reviewed a mother and son's motion to reopen after the mother arrived 40 minutes late to a removal hearing and an in absentia order was entered. It held that severe, unforeseeable snow and traffic conditions, supported by affidavits and weather and traffic reports, may qualify as…

June 30, 2021 ·BIA
Remanded
COMM

Terry D. Reese, Sr. v. Virginia International Terminals, LLC and CP & O, LLC

Reese v. Virginia International Terminals (BRB 21-0100): reconsideration of settlement ruling denied

Terry Reese asked the Board to reconsider its earlier decision that left an approved Longshore Act settlement in place. No panel member voted to change that decision, so the Board denied reconsideration. Reese also submitted additional evidence with his motion, but the Board said it could not…

June 30, 2021 ·BRB
Procedural
COMM

Earl D. McKnight v. Yale Mining Company, Incorporated

McKnight v. Yale Mining (BRB 20-0369 BLA): claim returned for complete pulmonary evaluation

Earl McKnight sought black lung benefits after 8.86 years of coal mine work. An administrative law judge found total respiratory disability but denied benefits because the record did not establish pneumoconiosis or its connection to the disability. The Board upheld the finding that McKnight lacked…

June 30, 2021 ·BRB
Remanded
COMM

Christopher J. Lane v. Dominion Coal Corporation

Lane v. Dominion Coal (BRB 20-0303 BLA): complicated pneumoconiosis finding remanded

Christopher Lane received black lung benefits after an administrative law judge found that he had complicated pneumoconiosis. Dominion Coal challenged the judge's appointment and her reading of the medical evidence. The Board rejected the challenge to her appointment, but found that her analysis…

June 30, 2021 ·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.