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

T.M. and U.S. Postal Service, Post Office, Avon Lake, OH

Board reverses termination of postal worker’s benefits (ECAB 19-1068)

T.M. received compensation for accepted work related conditions. OWCP later terminated her wage loss and medical benefits, concluding that the conditions no longer caused disability or residuals. The Board found that OWCP had not developed and decided whether to accept additional conditions…

March 30, 2021 ·ECAB
Vacated
COMM

Matter of Mouafak AL SABSABI

Counterfeit currency conspiracy is moral turpitude

The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a Syrian lawful permanent resident. The respondent had been convicted of conspiracy under 18 U.S.C. § 371, with the underlying offense involving the sale of counterfeit currency under 18 U.S.C. § 473…

March 29, 2021 ·BIA
Remanded
COMM

R.O. and Department of Agriculture, U.S. Forest Service, Shoshone National Forest

Board upholds denial of late reconsideration request (ECAB 20-1552)

R.O. sought reconsideration of OWCP’s denial of an injury claim more than one year after the merit decision. The Board found the request untimely under the applicable filing rule. R.O. offered no new argument or medical evidence showing clear error in OWCP’s earlier decision. The Board affirmed…

March 29, 2021 ·ECAB
Affirmed
COMM

C.K. and U.S. Postal Service, Post Office, Indianapolis, IN

Board orders investigation records in harassment injury claim (ECAB 20-1493)

C.K. alleged harassment and sexual harassment at work and sought compensation for an emotional condition. OWCP denied the claim, finding insufficient corroboration, while the postal employer did not respond to OWCP’s request for comment. The Board found indications that the employer had…

March 29, 2021 ·ECAB
Remanded
COMM

M.W. and Department of the Navy, Naval Facilities Engineering

Board upholds denial of left knee injury claim (ECAB 20-1489)

M.W. claimed he injured his left knee when he struck a pipe at work on April 28, 2020. He also reported a right ankle injury from using a cane on an unspecified date. His account of how the injury happened differed between his claim form and statements to treating physicians. The Board found that…

March 29, 2021 ·ECAB
Affirmed
COMM

M.B. and U.S. Postal Service, Post Office, Clearwater, FL

Board returns schedule award claim for combined file review (ECAB 20-1479)

M.B. requested a schedule award for impairment of his right arm and both legs. OWCP denied the claim after reviewing one injury file. The Board identified two other claim files involving relevant conditions, including carpal tunnel syndrome, that had not been combined with it. It found that a fair…

March 29, 2021 ·ECAB
Remanded
COMM

A.Y. and U.S. Postal Service, Lovers Lane Carrier Annex

Board directs OWCP to combine related injury files (ECAB 20-1334)

A.Y. sought review of an occupational disease claim involving her neck, shoulder, and elbows. OWCP had previously accepted a left cervical radiculopathy claim in another file, but that record was missing from the case before the Board. The Board found that deciding the newer claim required review…

March 29, 2021 ·ECAB
Remanded
COMM

R.B. and Department of Transportation, Federal Aviation Administration

Board confirms insurance premium overpayment but orders recalculation (ECAB 19-1561)

R.B. received FECA compensation with deductions for life insurance coverage. OWCP found that it had deducted too little for postretirement basic life insurance and asserted an overpayment. The Board agreed that an overpayment existed and that R.B. was without fault. It found the record insufficient…

March 29, 2021 ·ECAB
Mixed result
COMM

J.D., widow of J.D., and Department of Defense, Defense Commissary Agency

Board orders clarification of shoulder impairment rating (ECAB 19-1168)

J.D. pursued her late husband’s claim for an increased schedule award for his left shoulder. OWCP had already awarded 13 percent impairment but denied an increase based on its medical adviser’s rating. The Board found flaws in the competing ratings and noted that the adviser had not explained why…

March 29, 2021 ·ECAB
Remanded
COMM

Secretary of Labor v. Bailey Quarries, Inc. and Secretary of Labor v. Carroll County Stone, Inc.

Secretary of Labor v. Bailey Quarries, Inc. and Carroll County Stone, Inc. (FMSHRC CENT 2020-0043): Four assessments conditionally reopened

Bailey Quarries and Carroll County Stone mistakenly sent four penalty contests with other payments to MSHA's St. Louis address instead of the Civil Penalty Compliance Office. The Secretary did not oppose reopening. The Commission found mistake sufficient to grant relief but could not determine the…

March 26, 2021 ·FMSHRC
Procedural
COMM

Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C.

In re Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. (EAB CAA Appeal Nos. 20-02 and 20-03): petitions dismissed as moot after permit withdrawal

Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. were involved in petitions concerning a Plantwide Applicability Limit Permit for their refinery in St. Croix, U.S. Virgin Islands. The permit was identified as EPA-PAL-VI-0001/2019 in the order. EPA offices responsible for issuing the…

March 26, 2021 ·EPA EAB
Procedural
COMM

Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C.

In re Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. (EAB CAA Appeal Nos. 20-02 and 20-03): petitions dismissed as moot after permit withdrawal

Limetree Bay Terminals, L.L.C. and Limetree Bay Refining, L.L.C. were involved in petitions concerning a Plantwide Applicability Limit Permit for their refinery in St. Croix, U.S. Virgin Islands. The permit was identified as EPA-PAL-VI-0001/2019 in the order. EPA offices responsible for issuing the…

March 26, 2021 ·EPA EAB
Procedural
COMM

Anderson D. Evans, Jr. v. Eighty-Four Mining Company

Evans v. Eighty-Four Mining (BRB 20-0085): Black Lung benefits award affirmed

Anderson Evans received Black Lung benefits after a judge found more than fifteen years of underground coal mine work and total respiratory disability. Eighty-Four Mining challenged both findings and argued that it had rebutted the resulting presumption. The Board upheld the employment calculation…

March 26, 2021 ·BRB
Affirmed
COMM

Angelene Davis, widow of Paul G. Davis v. Director, Office of Workers' Compensation Programs

Davis v. Director, OWCP (BRB 20-0083): benefits start date moved to December 2010

Angelene Davis pursued her late husband's Black Lung claim and challenged the date his benefits began. The existing award paid benefits only for August 2012, the month he filed his last claim and died. She sought a December 2010 start date, after his earlier claim became final. The Director did not…

March 26, 2021 ·BRB
Modified
COMM

Henry D. Sellers v. Jim Walters Resources, Incorporated

Sellers v. Jim Walters Resources (BRB 19-0504): benefits award vacated for test review

Henry Sellers received Black Lung benefits after a judge found he had thirty-one years of underground coal mine work and was totally disabled by a respiratory impairment. The Board found that two pulmonary function studies qualified as evidence of total disability and two did not, contrary to the…

March 26, 2021 ·BRB
Remanded
COMM

Carl L. Griffith v. Drummond Company, Incorporated

Griffith v. Drummond (BRB 19-0452): benefits denial reversed

Carl Griffith worked underground in coal mines for twenty-two years and had a totally disabling respiratory impairment. A judge found he qualified for the fifteen-year presumption but denied benefits after accepting Drummond's medical opinions on the cause of his disability. The Board held that…

March 26, 2021 ·BRB
Vacated
COMM

United States Department of Agriculture, Agricultural Marketing Service and American Federation of Government Employees, Council 200

USDA Agricultural Marketing Service and AFGE Council 200 (FLRA 0-AR-5610): Authority denies reconsideration of dismissal

The Agricultural Marketing Service filed exceptions to an arbitration award concerning an employee's removal from federal service. The Authority sent a show-cause order asking why it had jurisdiction but dismissed the exceptions after the Agency did not respond. The Agency sought reconsideration…

March 26, 2021 ·FLRA
Procedural
COMM

William B. Kealoha v. Leeward Marine, Incorporated

Kealoha v. Leeward Marine (BRB 21-0259): reconsideration of premature appeal denied

Leeward Marine appealed a district director's default order while its second motion for reconsideration was still pending before the district director. The Board dismissed the appeal as premature. The employer asked the Board to reconsider, arguing that its district director filings only sought…

March 25, 2021 ·BRB
Procedural
COMM

William B. Kealoha v. Leeward Marine, Incorporated and Hawaii Employers' Mutual Insurance Company, Incorporated

Kealoha v. Leeward Marine (BRB 21-0259): appeal dismissed during reconsideration

Leeward Marine and its carrier appealed a district director's default compensation order in William Kealoha's case. Their notice of appeal said they had also filed a second reconsideration motion that had not been decided. The Board dismissed the appeal as premature under its rule for appeals filed…

March 25, 2021 ·BRB
Procedural
COMM

Eric Kabaale v. Reed International and Insurance Company of the State of Pennsylvania

Kabaale v. Reed International (BRB 21-0132): appeal dismissed for settlement review

Reed International and its carrier told the Board that they had reached an agreement to settle Eric Kabaale's claim. They asked the Board to send the matter to the district director for approval. The Board dismissed their appeal without prejudice and remanded the case for consideration of the…

March 25, 2021 ·BRB
Procedural
COMM

Wilmer Llatas Guevara v. SOC, LLC and Allied World National Assurance Company

Guevara v. SOC (BRB 21-0019): attorney fee reply work remanded

Wilmer Llatas Guevara's lawyer sought payment for time spent responding to the employer's objections to a fee petition in his Defense Base Act case. The administrative law judge denied all time for the reply, saying counsel had not obtained permission to file it. The Board held that the cited rule…

March 25, 2021 ·BRB
Remanded
COMM

Stephen J. DeFalco v. Electric Boat Corporation

DeFalco v. Electric Boat (BRB 20-0518): pulmonary claim remanded

Stephen DeFalco sought Longshore Act benefits for a pulmonary condition after decades of work at Electric Boat. The administrative law judge found the employer had rebutted the statutory presumption connecting his condition to workplace exposures and denied benefits. The Board reversed that finding…

March 25, 2021 ·BRB
Remanded
COMM

Annie Beamon v. Huntington Ingalls Industries, Incorporated

Beamon v. Huntington Ingalls (BRB 20-0502): left knee claim restored in part

Annie Beamon sought additional Longshore Act disability and medical benefits after separate injuries to her knees at work. The administrative law judge denied the additional claims after crediting the employer's medical opinion. The Board upheld the denial of right knee disability benefits for the…

March 25, 2021 ·BRB
Mixed result
COMM

Ricky Guidry v. Tampa Pipe & Welding, Incorporated and Signal Mutual Indemnity Association, Limited

Guidry v. Tampa Pipe & Welding (BRB 20-0469): spine injury benefits denial affirmed

Ricky Guidry sought benefits for neck and back conditions after falling when scaffolding tilted at work. The administrative law judge applied the statutory presumption that the conditions were work related but found it rebutted by medical evidence. After weighing the full record, the judge found…

March 25, 2021 ·BRB
Affirmed
COMM

Carlos Combs v. Cumberland River Coal Company

Combs v. Cumberland River Coal (BRB 20-0171): Black Lung benefits award affirmed

Carlos Combs received Black Lung benefits after a judge credited him with nearly 32 years of qualifying coal mine work and found a totally disabling respiratory impairment. Cumberland River Coal argued that blood gas tests undermined the qualifying pulmonary function studies and that it had…

March 25, 2021 ·BRB
Affirmed
COMM

Robert M. Prunty v. Canterbury Coal Company

Prunty v. Canterbury Coal (BRB 20-0129): benefits denial sent back for a complete evaluation

Robert Prunty's widow pursued his Black Lung claim after his death. A judge found that he had twelve years of underground coal mine work, legal pneumoconiosis, and a totally disabling respiratory impairment, but denied benefits because she found no proof that pneumoconiosis substantially…

March 25, 2021 ·BRB
Remanded
COMM

Verda Lee Cox, on behalf of and widow of Henry Cox v. W & C Coal Company, Incorporated

Cox v. W & C Coal (BRB 20-0096, 20-0097): miner and survivor benefits affirmed

Verda Lee Cox sought Black Lung benefits on behalf of her late husband, Henry Cox, and in her own survivor claim. A judge granted modification of earlier denials after finding that Henry had lung disease significantly related to coal mine dust and was totally disabled because of it. W & C Coal…

March 25, 2021 ·BRB
Affirmed
COMM

Verda Lee Cox, on behalf of and widow of Henry Cox v. W & C Coal Company, Incorporated

Cox v. W & C Coal (BRB 20-0096, 20-0097): miner and survivor benefits affirmed

Verda Lee Cox sought Black Lung benefits on behalf of her late husband, Henry Cox, and in her own survivor claim. A judge granted modification of earlier denials after finding that Henry had lung disease significantly related to coal mine dust and was totally disabled because of it. W & C Coal…

March 25, 2021 ·BRB
Affirmed
COMM

Melissa Gooslin, on behalf of Otis D. Gooslin v. Mate Creek Trucking, Incorporated

Gooslin v. Mate Creek Trucking (BRB 20-0062): benefits upheld, operator issue remanded

Melissa Gooslin pursued a Black Lung claim on behalf of her late husband, Otis Gooslin. The Board rejected Mate Creek Trucking's argument that destruction of the file from his 1992 claim denied it a fair chance to defend the new claim. It also rejected the company's challenge to the fifteen-year…

March 25, 2021 ·BRB
Mixed result
COMM

Ricky Lin Mullins, Sr. v. CAM Mining, LLC

Mullins v. CAM Mining (BRB 19-0549): Black Lung benefits award affirmed

Ricky Lin Mullins, Sr. worked in underground coal mining for nineteen years and received a Black Lung benefits award. CAM Mining challenged the finding that he was totally disabled and argued that it had rebutted the presumption linking his disability to pneumoconiosis. The Board upheld the judge's…

March 25, 2021 ·BRB
Affirmed
COMM

American Security Programs, Inc. v. USDOL, Wage and Hour Div.

American Security Programs, Inc. v. USDOL (DOL ARB 2019-0084): bridge contract preserves SCA successorship

The National Archives used a one-year sole-source contract with American Security Programs to prevent an interruption in guard services while it conducted a competitive procurement for a full-term contract. American Security won the later competition and asked to use its own collective bargaining…

March 25, 2021 ·DOL ARB
Affirmed
COMM

M.B. and Department of Homeland Security, U.S. Customs & Border Protection, John F. Kennedy International Airport

Board upholds overpayment and repayment deduction (ECAB 20-1578)

M.B. received FECA wage loss and Social Security retirement benefits without a required offset, causing a $9,330.69 overpayment. The Board agreed that she was without fault but found that her income and resources exceeded the thresholds for a waiver. It upheld OWCP’s denial of waiver and its plan…

March 25, 2021 ·ECAB
Affirmed
COMM

J.Q. and Department of Homeland Security, Customs & Border Protection

Board upholds denial of emphysema occupational disease claim (ECAB 20-1477)

J.Q. alleged that a work exposure caused emphysema. OWCP asked him to describe the exposure, duties, and circumstances, but he did not provide a detailed response. Medical reports suggested a work connection without identifying the specific workplace contact or condition involved. The Board found…

March 25, 2021 ·ECAB
Affirmed
COMM

A.B. and Department of Homeland Security, U.S. Coast Guard

Board returns impairment award for review of omitted medical report (ECAB 20-1376)

A.B. received a schedule award for permanent impairment of the left arm and leg. Another physician submitted a report with higher impairment ratings before OWCP issued its decision, but OWCP did not discuss it. The Board found that the agency must address relevant medical evidence already in the…

March 25, 2021 ·ECAB
Remanded
COMM

S.S. and Department of the Navy, Norfolk Naval Base

Board revises overpayment and orders new recovery calculation (ECAB 19-1945)

S.S. received FECA wage loss compensation alongside Social Security retirement benefits without the required offset. The Board found an overpayment and set its amount at $28,764.77. It upheld OWCP’s refusal to waive repayment. The Board found that OWCP had not explained how it chose the amount to…

March 25, 2021 ·ECAB
Mixed result
COMM

M.H. and Department of Veterans Affairs, James A. Haley VA Medical Center

Board orders specialist review of VA worker’s injury claim (ECAB 19-1903)

M.H. reported shoulder, neck, and head conditions after pulling a stuck tray of biscuits from a rack at work. OWCP denied the claim. The Board found that her physician explained a plausible mechanism linking the sudden movement to the diagnosed conditions, enough to require further medical…

March 25, 2021 ·ECAB
Remanded
COMM

J.V. and Department of the Navy, Marine Corps Base Fire Department

Board upholds Social Security offset overpayment recovery (ECAB 19-1223)

J.V. received FECA compensation and Social Security retirement benefits without a required offset. The Board upheld OWCP’s finding of a $27,889.50 overpayment and agreed that he was without fault. It nevertheless upheld denial of a waiver after reviewing the financial information. The Board also…

March 25, 2021 ·ECAB
Affirmed
COMM

J.C. and Department of Defense, Dover Air Force Base Commissary

Board upholds overpayment but reverses fault finding (ECAB 19-0911)

J.C. received FECA compensation and Social Security retirement benefits without the required offset, creating a $9,427.70 overpayment. The Board agreed with OWCP’s calculation. It disagreed that J.C. was at fault, finding that the complexity of the benefits and the circumstances did not support…

March 25, 2021 ·ECAB
Mixed result
COMM

M.H. and U.S. Postal Service, Processing & Distribution Center, Baltimore, MD

Board reverses late overpayment determination (ECAB 18-1452)

M.H. returned to work while still receiving wage loss compensation. OWCP later declared a $2,722.20 overpayment for the overlapping period. The Board found that OWCP learned of the return to work in December 2017 but waited until May 2018 to issue its preliminary overpayment determination. That…

March 25, 2021 ·ECAB
Vacated
COMM

Secretary of Labor v. Copenhaver Construction, Inc.

Change of mind did not justify reopening

Copenhaver Construction asked the Commission to reopen penalty assessments covering 15 citations after it had paid $8,062. The company later contested a specially assessed penalty from the same inspection and then decided it wanted to contest every citation from that inspection. The Commission…

March 24, 2021 ·FMSHRC
Procedural
COMM

Secretary of Labor v. River View Coal, LLC

Emailed contest supported reopening

River View Coal asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had attempted to email its notice of contest before the deadline, and the Secretary did not oppose reopening. The Commission found good cause to relieve River…

March 24, 2021 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Cargill Deicing Technology

Misdirected contest forms reopened

Cargill Deicing Technology sought to reopen two penalty assessments that had become final orders. The company said it inadvertently mailed the contest forms with payment for other citations to MSHA's St. Louis address. The Secretary did not oppose reopening but urged Cargill to send future contests…

March 24, 2021 ·FMSHRC
Remanded
COMM

R.V. and Department of Veterans Affairs, East Orange VA New Jersey Health Care System

Board upholds overpayment and $478.12 recovery deduction (ECAB 20-1331)

R.V. received FECA wage loss compensation and Social Security retirement benefits without the required offset, causing a $68,041.59 overpayment. The Board agreed that she was without fault. She did not provide requested financial information, so the Board upheld denial of a waiver. It also upheld…

March 24, 2021 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, Springfield, IL

Board upholds overpayment after missing waiver records (ECAB 20-1120)

C.S. received FECA wage loss compensation and Social Security retirement benefits without the required offset, creating a $12,762.07 overpayment. OWCP found her without fault. The Board upheld the overpayment and found that she had not supplied the financial information needed to evaluate a waiver…

March 24, 2021 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Buffalo, NY

Board upholds $50,366.97 benefit overpayment (ECAB 20-0857)

J.W. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld OWCP’s finding that the overlap produced a $50,366.97 overpayment, although J.W. was without fault. It also upheld denial of a waiver after considering the available…

March 24, 2021 ·ECAB
Affirmed
COMM

A.G. and U.S. Postal Service, Post Office, Butler, NJ

Board upholds Social Security offset overpayment and recovery (ECAB 19-1807)

A.G. received FECA compensation and Social Security retirement benefits without the required offset, creating a $13,039.41 overpayment. The Board accepted that she was without fault but upheld OWCP’s refusal to waive repayment. It also upheld deductions of $492.06 from continuing compensation every…

March 24, 2021 ·ECAB
Affirmed
COMM

A.B. and Social Security Administration, Office of Customer Service

Board reverses overpayment decision issued after notice deadline (ECAB 18-1206)

OWCP alleged that A.B. received an $11,383.39 overpayment of compensation. The Board found that OWCP did not issue its preliminary determination and recovery form within 30 days of identifying the payment. That failure violated OWCP’s overpayment procedures. The Board reversed the final…

March 24, 2021 ·ECAB
Vacated
ALJ

Patterson-UTI Drilling Company, LLC

Well-control general duty item vacated and settlement terms approved

A blowout and explosion at Patterson-UTI's Oklahoma natural-gas drilling rig killed five people, including three Patterson-UTI employees. OSHA alleged under the general duty clause that Patterson-UTI failed to maintain well control and exposed employees to recognized fire and explosion hazards. The…

March 24, 2021 ·Patrick B. Augustine ·OSHRC
Mixed result
COMM

W.L. and Small Business Administration, Regional Office, Philadelphia, PA

Board upholds benefit suspension but reverses overpayment decision (ECAB 18-1051)

W.L. did not return a required employment and earnings report, and OWCP suspended his compensation. The Board upheld that suspension. OWCP also found a $13,926.71 overpayment, but it issued the preliminary determination after its procedural deadline. The Board reversed the overpayment decision…

March 24, 2021 ·ECAB
Mixed result
COMM

L.H. and U.S. Postal Service, Post Office, San Antonio, TX

Board upholds benefit suspension and orders overpayment recalculation (ECAB 20-1455)

L.H. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board agreed that an overpayment existed but found that OWCP calculated it from March 2007 even though Social Security benefits were suspended during part of that year. It ordered OWCP…

March 23, 2021 ·ECAB
Mixed result
COMM

W.W. and U.S. Postal Service, Post Office, Oakland, CA

Board orders recalculation of retirement offset overpayment (ECAB 20-0860)

W.W. received FECA wage loss compensation and Social Security retirement benefits during overlapping periods, establishing an overpayment. OWCP’s calculation also included a period when she received a FECA schedule award instead of wage loss. The Board found that Social Security retirement benefits…

March 23, 2021 ·ECAB
Remanded
COMM

D.H. and Department of the Army, Fort Lewis, WA

Board upholds overpayment but reverses fault finding (ECAB 19-1871)

D.H. received FECA wage loss compensation and Social Security retirement benefits without the required offset, resulting in a $73,266.30 overpayment. The Board agreed with the amount but found that she was without fault in creating it. OWCP had denied waiver based on its contrary fault finding. The…

March 23, 2021 ·ECAB
Mixed result
COMM

R.M. and Department of the Interior, Fish & Wildlife Service

Board upholds retirement offset overpayment and recovery (ECAB 19-1856)

R.M. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld an overpayment of $63,944.85 and agreed that he was without fault. It also upheld OWCP’s denial of waiver and its recovery plan to deduct $437 from continuing compensation…

March 23, 2021 ·ECAB
Affirmed
COMM

C.W. and U.S. Postal Service, Post Office, Washington, DC

Board reverses $47,664.83 overpayment decision (ECAB 19-1743)

OWCP concluded that C.W. had received compensation based on an outdated wage earning capacity determination after returning to work. It assessed a $47,664.83 overpayment. The Board found that OWCP did not issue its preliminary notice within the required 30 days after identifying the alleged payment…

March 23, 2021 ·ECAB
Vacated
COMM

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

Board separates fault findings for first and later direct deposits (ECAB 19-1653)

C.W. continued receiving partial wage loss compensation after returning to work. The Board upheld the resulting $13,426.87 overpayment. It found that she lacked notice when the first incorrect direct deposit arrived, so she was without fault for that payment. By the next deposit she should have…

March 23, 2021 ·ECAB
Mixed result
COMM

J.H. and Department of the Air Force, Nellis Air Force Base

Board orders clarification of carpenter’s disability claim (ECAB 19-1476)

J.H. claimed a recurrence of disability related to accepted bilateral carpal tunnel syndrome while working modified carpenter duties. OWCP relied on a physician’s opinions to deny the claim. The Board found that the opinions did not clearly answer whether J.H. could perform those duties from June…

March 23, 2021 ·ECAB
Remanded
COMM

J.V. and Department of the Air Force, Air Education & Training Command, Lackland Air Force Base

Board reverses insurance premium overpayment decision (ECAB 18-1460)

OWCP said it had deducted too little in postretirement life insurance premiums from J.V.’s compensation and assessed a $7,094.17 overpayment. The Board found that OWCP failed to issue a preliminary determination within its required period after identifying the payment problem. It reversed the final…

March 23, 2021 ·ECAB
Vacated
COMM

E.H. and U.S. Postal Service, Processing & Distribution Center, Palatine, IL

Board reverses late Social Security offset overpayment notice (ECAB 18-1328)

OWCP alleged that E.H. had received FECA benefits and Social Security retirement benefits without the required offset. It calculated a $17,071.05 overpayment. The Board found that OWCP learned of the overlap in July 2017 but waited more than 30 days to send its preliminary overpayment notice…

March 23, 2021 ·ECAB
Vacated
COMM

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

NTEU and Department of Health and Human Services (FLRA 0-AR-5565): Authority orders execution of Bridge Program agreement

NTEU and Health and Human Services negotiated a Bridge Program to let employees move between programs after an agency realignment. An arbitrator found that the parties had reached a complete meeting of the minds and that the Agency later reneged, but he declined to enforce the memorandum because it…

March 23, 2021 ·FLRA
Modified
COMM

C.M. and U.S. Postal Service, Post Office, San Diego, CA

Board finds vehicle exit incident occurred and orders medical review (ECAB 20-1519)

C.M. reported a pop in his lower back while getting out of a postal vehicle at work. His claim form listed January 14, 2020, but the supervisor’s account and medical reports consistently placed the event on January 13. The Board found the work incident established by the record. It returned the…

March 22, 2021 ·ECAB
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.