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

K.D. and U.S. Postal Service, Thousand Oaks Post Office, Thousand Oaks, CA

Board orders reasons for denial of late reconsideration request (ECAB 20-1186)

K.D. sought reconsideration more than a year after OWCP’s last merit decision on his occupational disease claim. The Board agreed that the request was untimely. OWCP, however, did not explain why a newly submitted physician letter failed the clear-evidence-of-error standard. The Board sent that…

February 3, 2021 ·ECAB
Mixed result
COMM

G.P. and U.S. Postal Service, Post Office, Edison, NJ

Board upholds denial of postal worker’s stress claim (ECAB 20-1063)

G.P., a postal customer care employee, attributed stress-related conditions to handling of her retirement inquiries, denied leave for counseling, and what she described as a heavy workload and higher performance standards. The Board found that the record did not establish a compensable employment…

February 3, 2021 ·ECAB
Affirmed
COMM

L.G. and U.S. Postal Service, Post Office, Waltham, MA

Board orders impartial rating of postal worker’s arms (ECAB 20-0874)

L.G. sought schedule awards for impairment of both arms from accepted carpal tunnel syndrome. Her treating physician found impairment, while OWCP’s district medical adviser, Dr. Slutsky, and its second opinion examiner, Dr. Leslie, found none. The Board found a genuine medical conflict over…

February 3, 2021 ·ECAB
Remanded
COMM

K.B. and U.S. Postal Service, Logansport Post Office, Logansport, IN

Board grants postal worker’s request to dismiss appeal (ECAB 20-0720)

K.B. filed a timely appeal on February 12, 2020 from an OWCP decision issued January 13, 2020. Counsel requested dismissal in a letter dated and received September 11, 2020. The Board granted that request and closed the appeal without reviewing the underlying decision.

February 3, 2021 ·ECAB
Procedural
ALJ

L & C General Contractors, Inc.

Late contest dismissed for lack of excusable neglect

OSHA issued L & C General Contractors three serious citations after inspecting an Alabama worksite. The company received the citation but sent only a letter requesting an informal conference during the 15-working-day contest period. The judge found that the letter did not express a clear intent to…

February 3, 2021 ·Heather A. Joys ·OSHRC
Procedural
COMM

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

AFGE Local 2338 and John J. Pershing VA Medical Center (FLRA 0-AR-5503): Authority denies EDP reconsideration

VA pipefitters sought environmental-differential pay for workplace exposures. An arbitrator limited the dispute to microorganism exposure because the grievance did not specifically raise asbestos, then found that the evidence did not support additional pay. After the Authority upheld that award…

February 3, 2021 ·FLRA
Procedural
COMM

R.C. and U.S. Postal Service, Richmond Carrier Annex, Richmond, KY

Board upholds denial of postal carrier’s emotional condition claim (ECAB 20-1182)

R.C. attributed an emotional condition to a dispute with his postmaster about work procedures. Witnesses confirmed a meeting and reported raised voices, but the Board found no sufficient evidence of error or abuse in the supervisor’s administrative actions. Without an established compensable work…

February 2, 2021 ·ECAB
Affirmed
COMM

I.M. and U.S. Postal Service, Raleigh Processing & Distribution Center, Raleigh, NC

Board upholds denial of postal worker’s disability recurrence (ECAB 20-0980)

I.M., a postal employee with accepted wrist injuries, sought wage loss for July 24, 2018 through April 12, 2019. The Board found that the record did not establish a recurrence of disability caused by those injuries for that period. His reconsideration request repeated an argument about a…

February 2, 2021 ·ECAB
Affirmed
COMM

F.J. and Department of Agriculture, Food & Inspection Service, Minneapolis, MN

Board orders second opinion on shoulder injury claim (ECAB 20-0912)

F.J., a consumer safety inspector, reported shoulder problems after repetitive lifting at work. A physician described how lifting could have caused a rotator cuff injury or aggravated preexisting shoulder arthritis. The Board found that the report needed more reasoning but was sufficient to require…

February 2, 2021 ·ECAB
Remanded
COMM

A.F. and U.S. Postal Service, Carson City Post Office, Carson City, NV

Board upholds recovery of duplicate benefit payment (ECAB 20-0842)

A.F. received a duplicate compensation payment covering December 8, 2018 through January 11, 2019. The Board affirmed the $2,897.50 overpayment and found she was without fault. It upheld denial of waiver because recovery would neither defeat FECA’s purpose nor be against equity and good conscience…

February 2, 2021 ·ECAB
Affirmed
COMM

T.D. and Department of the Treasury, Internal Revenue Service, Kansas City, MO

Board upholds denial of IRS worker’s knee and hip claim (ECAB 20-0835)

T.D. sought compensation for left knee and hip conditions after an accepted work incident. The Board found that unsigned hospital records could not establish medical causation and that the remaining evidence did not provide a qualifying, reasoned physician opinion linking the conditions to the…

February 2, 2021 ·ECAB
Affirmed
COMM

L.P. and Department of Justice, Federal Bureau of Prisons, New York, NY

Board orders specialist review of correctional officer’s fall (ECAB 20-0434)

L.P., a correctional officer, fell when a chair tipped forward at work and claimed several resulting conditions. A physician explained how the fall could have caused or aggravated back, shoulder, and hip problems. The Board found that his reports were enough to require further medical development…

February 2, 2021 ·ECAB
Remanded
COMM

M.H. and Social Security Administration, San Patricio, PR

Board orders proper review of disability recurrence (ECAB 19-1552)

M.H., a Social Security service representative, returned to work after an accepted injury and stopped again within 90 days. She claimed a recurrence of disability. The Board found that OWCP had asked her for evidence under the more demanding standard used for recurrences after 90 days. It set aside…

February 2, 2021 ·ECAB
Remanded
COMM

J.O. and U.S. Postal Service, Fresno-Clinter Station, Fresno, CA

Board orders explanation of postal carrier’s shoulder rating (ECAB 19-1337)

J.O., a postal carrier, sought a larger right arm schedule award after an accepted shoulder injury. OWCP’s second opinion physician discounted consistent range of motion measurements without explaining why and chose a lower grade modifier despite a higher questionnaire score. The Board found the…

February 2, 2021 ·ECAB
Remanded
COMM

Shelly & Sands, Inc.

Remaining bridge fall-protection item vacated for lack of knowledge

Shelly & Sands employees worked on bridge false work with unprotected edges without tying off, even though horizontal lifelines were available. An administrative law judge affirmed one repeat fall-protection instance and assessed a $25,000 penalty. The Commission majority found that the Secretary…

February 1, 2021 ·OSHRC
Citations vacated
COMM

Richard L. Canas v. Olgoonik Development, LLC/KBR and Allied World National Assurance Company

Canas v. Olgoonik Development (BRB 21-0057): employer appeal withdrawn

Olgoonik Development and its insurance carrier appealed in Richard Canas's case. They then moved to withdraw the appeal. The Board granted the motion and dismissed the appeal with prejudice. This brief order does not describe the underlying claim or decide its merits.

January 29, 2021 ·BRB
Procedural
COMM

Monette Rana v. Internews Network, Incorporated and Allied World National Assurance Company

Rana v. Internews Network (BRB 20-0315 and 20-0315A): disability claim remanded

Monette Rana worked for Internews Network in South Sudan and filed a Defense Base Act claim for shoulder and psychological injuries after a 2016 attack on her housing compound. The administrative law judge found both injuries work related and awarded temporary partial disability compensation while…

January 29, 2021 ·BRB
Remanded
COMM

Monette Rana v. Internews Network, Incorporated and Allied World National Assurance Company

Rana v. Internews Network (BRB 20-0315 and 20-0315A): disability claim remanded

Monette Rana worked for Internews Network in South Sudan and filed a Defense Base Act claim for shoulder and psychological injuries after a 2016 attack on her housing compound. The administrative law judge found both injuries work related and awarded temporary partial disability compensation while…

January 29, 2021 ·BRB
Remanded
COMM

Jimmy Rae Greer v. Heritage Coal Company, LLC, and Peabody Energy Corporation

Greer v. Heritage Coal (BRB 20-0141): Black Lung benefits denial affirmed

Jimmy Greer appealed the denial of his later Black Lung benefits claim. The judge accepted 23 years of underground coal mining but found that Greer had not proved total respiratory disability, which was also missing from his earlier denied claim. The Board upheld the finding that three breathing…

January 29, 2021 ·BRB
Affirmed
COMM

Ralph W. Farris, Jr. v. Valley Camp Coal Company

Farris v. Valley Camp Coal (BRB 20-0135): benefits award remanded for medical review

Ralph Farris received a Black Lung benefits award after the judge credited him with 15.5 years of underground coal mining and found a totally disabling breathing impairment. The Board left those findings in place, which meant Farris qualified for the statutory presumption. Valley Camp Coal argued…

January 29, 2021 ·BRB
Remanded
COMM

James L. Shepherd v. Consol of Kentucky, Incorporated

Shepherd v. Consol of Kentucky (BRB 20-0092): Black Lung benefits award affirmed

James Shepherd received a Black Lung benefits award after the judge credited him with 33.78 years of underground coal mining and found total respiratory disability. His employer challenged the disability finding, especially the exercise blood gas tests and the doctor's opinions. The Board upheld…

January 29, 2021 ·BRB
Affirmed
COMM

Randall L. Koontz v. S & H Mining, Incorporated, and American Mining Insurance Company

Koontz v. S & H Mining (BRB 20-0080): Black Lung benefits award affirmed

Randall Koontz received a Black Lung benefits award after the judge found coal dust related obstructive lung disease and total respiratory disability. His employer appealed, challenging the judge's appointment, the exclusion of a late doctor deposition, and the disability finding. The Board found…

January 29, 2021 ·BRB
Affirmed
COMM

Wilma Parsons, on behalf of and widow of Fred Parsons, v. Stoney Gap Coal Company, Incorporated

Parsons v. Stoney Gap Coal (BRB 20-0067 and 20-0068): miner and survivor awards affirmed

Wilma Parsons pursued her late husband's Black Lung claim and her own survivor claim. The judge awarded benefits after finding that Fred Parsons qualified for the statutory presumption and that Stoney Gap Coal had not proved his disability was unrelated to pneumoconiosis. The employer appealed…

January 29, 2021 ·BRB
Affirmed
COMM

Wilma Parsons, on behalf of and widow of Fred Parsons, v. Stoney Gap Coal Company, Incorporated

Parsons v. Stoney Gap Coal (BRB 20-0067 and 20-0068): miner and survivor awards affirmed

Wilma Parsons pursued her late husband's Black Lung claim and her own survivor claim. The judge awarded benefits after finding that Fred Parsons qualified for the statutory presumption and that Stoney Gap Coal had not proved his disability was unrelated to pneumoconiosis. The employer appealed…

January 29, 2021 ·BRB
Affirmed
COMM

Raymond D. Rose v. Glamorgan Coal Corporation

Rose v. Glamorgan Coal (BRB 20-0041): Black Lung benefits award affirmed

Raymond Rose received a Black Lung benefits award after the judge credited him with 17.83 years of underground coal mine work and found a totally disabling breathing impairment. Glamorgan Coal appealed the work-history calculation and the finding that it had not rebutted the statutory presumption…

January 29, 2021 ·BRB
Affirmed
COMM

William W. Wolfgang v. Barren Coal Company, Incorporated, and American Business & Mercantile Insurance Mutual, Incorporated

Wolfgang v. Barren Coal (BRB 19-0413): complicated-pneumoconiosis finding remanded

William Wolfgang appealed the denial of his later Black Lung benefits claim. The judge found that his X-rays supported complicated pneumoconiosis, but concluded that older biopsy evidence and medical opinions explained the lung masses as another condition. The Board found that she had not explained…

January 29, 2021 ·BRB
Remanded
COMM

Johnson v. Norfleet Transportation

Driving after repairs defeats refusal claim

Truck driver Michael Johnson experienced a punctured steer tire and a flat trailer tire while hauling a load for Norfleet Transportation. He alleged that the company ordered him to continue despite his safety concerns, but the record showed that he drove another four to five hours after the tires…

January 29, 2021 ·DOL ARB
Affirmed
COMM

Bagri v. Erection & Welding Contractors, LLC

No hearing request and no equitable tolling

Sandeep Bagri filed an H-1B wage complaint against Erection & Welding Contractors. The Wage and Hour Division found that the company had failed to pay required wages, assessed $27,291.79 in back wages, and reported that the company paid the assessment in full. Bagri did not request an ALJ hearing…

January 29, 2021 ·DOL ARB
Procedural
COMM

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

Traumatic injury claim denied for lack of a medical diagnosis

C.S., a postal carrier, reported right shoulder pain after loading and unloading a delivery cart. OWCP accepted that the March 19, 2020 work incident occurred but denied the injury claim because the medical evidence did not establish a diagnosed condition linked to it. The Board agreed that reports…

January 29, 2021 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Detroit, MI

Right knee claim denied for lack of medical causation

D.M., a postal carrier assistant, claimed that his work caused a right knee fracture. OWCP accepted the identified work factors but denied the claim because the medical record did not connect them to the knee condition. The Board found that an x-ray report identified a fracture without explaining…

January 29, 2021 ·ECAB
Affirmed
COMM

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

Shoulder claim sent back for review with earlier case files

M.B., a postal sorter, sought compensation for bilateral shoulder conditions that she attributed to repetitive work. OWCP had accepted shoulder conditions in two earlier claims but denied the current one without combining those files. The Board found that the earlier records were needed to assess…

January 29, 2021 ·ECAB
Remanded
COMM

G.T. and U.S. Postal Service, Baltimore Processing & Distribution Center, Baltimore, MD

Hand and shoulder claim returned for review with earlier files

G.T., a postal processing clerk, claimed that her mail duties caused hand, wrist, and shoulder conditions. OWCP had accepted related conditions in two earlier files but denied this claim after finding insufficient evidence of work causation. The Board held that the earlier accepted claims needed to…

January 29, 2021 ·ECAB
Remanded
COMM

R.P. and U.S. Postal Service, Post Office, Miami, FL

Denial of reconsideration upheld

R.P. asked OWCP to reconsider an earlier denial of his injury claim. OWCP refused to reopen the merits, and the Board reviewed that refusal rather than the underlying injury claim. The Board found that his request raised no new legal point and that a new medical report did not identify the work…

January 29, 2021 ·ECAB
Affirmed
COMM

T.C. and U.S. Postal Service, Mineral Post Office, Mineral, VA

Impairment rating returned for medical clarification

T.C. sought a larger schedule award for impairment of both lower extremities and challenged OWCP’s refusal to subpoena three physicians. The Board found that the impartial examiner’s rating needed clarification because it used examination findings twice and misapplied the adjustment formula. It…

January 29, 2021 ·ECAB
Remanded
COMM

T.D. and U.S. Postal Service, Omaha Postal Distribution Center, Omaha, NE

Back injury claim returned for review with prior file

T.D., a postal processing clerk, claimed a new back injury after an earlier lumbar injury and surgery that OWCP had accepted. OWCP denied the later claim because the medical evidence did not separate the effects of the two injuries. The Board found that OWCP had not combined the related case files…

January 29, 2021 ·ECAB
Remanded
COMM

D.R. and U.S. Postal Service, Post Office, Homewood, IL

Shoulder claim returned for a specialist opinion

D.R., a postal carrier, reported shoulder pain after lifting a case of paper at work. OWCP denied his claim for lack of a sufficient medical link to that incident. A physician who reviewed the records and spoke with D.R. gave an opinion that the incident caused a shoulder strain. The Board majority…

January 29, 2021 ·ECAB
Remanded
COMM

K.R. and U.S. Postal Service, Bethlehem Airport Post Office, Allentown, PA

Vehicle collision claim denied for lack of a medical diagnosis

K.R., a postal carrier, was in a parked postal vehicle when another vehicle struck it. OWCP accepted that the collision occurred but denied her injury claim because the medical record did not identify a diagnosed condition linked to it. The emergency record described a motor vehicle collision and…

January 29, 2021 ·ECAB
Affirmed
COMM

B.S. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

Dermatitis claim and reconsideration denial upheld

B.S., a naval shipyard worker, claimed that work exposures caused dermatitis. The Board found that the medical record did not establish a reasoned connection between the skin condition and accepted work factors. It also found that his later request for reconsideration offered no new legal point or…

January 29, 2021 ·ECAB
Affirmed
COMM

G.R. and U.S. Postal Service, Scranton Post Office, Scranton, PA

Compensation suspension upheld after missed examination

OWCP had accepted G.R.’s work injury and scheduled a medical examination to assess his condition and work capacity. He missed the appointment and did not respond when OWCP gave him 14 days to explain. The Board found that he had not shown good cause for failing to attend and upheld the suspension…

January 29, 2021 ·ECAB
Affirmed
COMM

P.R. and Department of the Army, Installation Management Command, Fort Buchanan, PR

Retirement offset overpayment finding reversed

OWCP said P.R. had received $21,587.70 too much in FECA benefits because it had not offset Social Security retirement payments attributable to federal service. It also denied waiver and ordered recovery from continuing benefits. The Board found no proof that P.R. was enrolled in the federal…

January 29, 2021 ·ECAB
Vacated
COMM

C.H. and Department of the Navy, Puget Sound Naval Shipyard, Bangor, WA

Hearing loss claim denied for lack of work causation

C.H., a naval shipyard worker, claimed that workplace noise caused hearing loss in both ears. OWCP denied the claim after a specialist attributed the loss to aging rather than the accepted noise exposure. The Board found that the specialist considered the timing of the loss, hearing tests, and a…

January 29, 2021 ·ECAB
Affirmed
COMM

B.S. and Department of Veterans Affairs, VA Pittsburgh Center-University Drive, Pittsburgh, PA

Refusal to reopen injury claim upheld

B.S. asked OWCP to reconsider an earlier injury claim denial. The Board reviewed only OWCP’s refusal to reopen the claim, because the underlying merits decision was outside its appeal window. It found that her timely request offered neither a new legal argument nor new evidence on the medical…

January 29, 2021 ·ECAB
Affirmed
COMM

M.P. and Department of the Navy, Puget Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA

Hearing award claim sent back for combined file review

M.P., a naval shipyard worker, sought a schedule award for further hearing loss after OWCP had accepted a previous noise exposure claim and paid an earlier award. OWCP denied the new award, questioning whether the later exposure caused additional impairment. The Board found that the earlier…

January 29, 2021 ·ECAB
Remanded
COMM

P.A. and U.S. Postal Service, Priority Mail Postal Processing Center, Phoenix, AZ

Conflicting wage loss decisions require reconsideration

P.A. asked OWCP to revisit two decisions issued on the same day about wage-loss compensation and a night shift differential. Her reconsideration request arrived after the ordinary one-year period, but the Board found clear evidence of error in OWCP’s contradictory rulings about the same periods of…

January 29, 2021 ·ECAB
Remanded
COMM

G.J. and Department of Health & Human Services, Indian Health Services, Chinle, AZ

Refusal to reconsider injury claim upheld

G.J. sought reconsideration of an earlier injury claim decision. The Board reviewed only whether OWCP should have reopened the claim, because the underlying merits decision was outside the Board’s appeal window. It found that the request offered no new legal point and resubmitted reports OWCP had…

January 29, 2021 ·ECAB
Affirmed
COMM

C.I. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX

C.I. and U.S. Postal Service (ECAB 19-1614): Overpayment amount sent back for calculation

C.I., a postal worker receiving disability compensation for a work injury, returned to a job with a private employer while OWCP continued paying total disability benefits. OWCP found a $12,329.15 overpayment, determined that she was without fault, denied waiver, and ordered repayment of $250 a…

January 29, 2021 ·ECAB
Remanded
COMM

American Federation of Government Employees, Local 1770 and United States Department of the Army, Headquarters XVIII Airborne Corps and Fort Bragg Civilian Personnel Advisory Center, Fort Bragg, North Carolina

AFGE Local 1770 and Fort Bragg (FLRA 0-AR-5655): Authority returns bargaining grievance to arbitration

AFGE Local 1770 filed a grievance after the Army closed impact-and-implementation negotiations, then filed an unfair-labor-practice charge concerning the Agency's response to a related information request. An arbitrator treated the later unfair-labor-practice charge as an election of forum that…

January 29, 2021 ·FLRA
Remanded
COMM

Matter of H-L-S-A-

Public cooperation with law enforcement can define a social group

The Board reviewed a Salvadoran applicant's appeal after an Immigration Judge denied withholding of removal and protection under the Convention Against Torture. The Board held that people who cooperate with law enforcement may form a valid particular social group when the cooperation is public…

January 28, 2021 ·BIA
Affirmed
COMM

G.B. and U.S. Postal Service, Post Office, Brooklyn, NY

Appeal dismissed because no final OWCP decision was before the Board

G.B. appealed what was described as a March 2017 OWCP overpayment decision. The Board found that the March 7 document was a preliminary determination, not a final adverse decision. The transmitted record contained no final adverse OWCP decision issued within the 180-day appeal window. The Board…

January 28, 2021 ·ECAB
Procedural
COMM

D.P. and Department of Veterans Affairs, VA Connecticut Healthcare System, West Haven, CT

Appeal dismissed as filed after the 180-day deadline

D.P. appealed an OWCP decision dated April 28, 2020, but filed with the Board on December 14, 2020. The Board found that the 180-day period ended on October 25, 2020. It found his difficulty securing a physician during the COVID-19 pandemic insufficient to establish compelling circumstances for the…

January 28, 2021 ·ECAB
Procedural
COMM

S.B. and Department of Labor, Wage & Hour Division, Phoenix, AR

Appeal dismissed at appellant’s request

S.B. filed a timely appeal from an August 25, 2020 OWCP decision. The Board later received a letter asking it to dismiss the appeal. It granted that request and dismissed the case without deciding the underlying claim.

January 28, 2021 ·ECAB
Procedural
COMM

J.A. and U.S. Postal Service, Post Office, Honolulu, HI

Appeal dismissed at appellant’s request

J.A. filed a timely appeal from an August 19, 2020 OWCP decision. The Board later received a letter asking it to dismiss the appeal. It granted that request and dismissed the case without deciding the underlying claim.

January 28, 2021 ·ECAB
Procedural
COMM

A.V. and U.S. Postal Service, JFK International Service Center, Jamaica, NY

Recurrence claim returned for review of surgery evidence

A.V., a postal worker, claimed renewed disability related to an accepted 2011 injury and later cervical surgery. OWCP denied the recurrence claim in part because the surgery had not been authorized. The Board found that OWCP had obtained a physician’s opinion linking additional conditions and the…

January 28, 2021 ·ECAB
Remanded
COMM

B.C. and Department of Justice, Bureau of Prisons, Federal Correctional Complex, Yazoo City, MS

Appeal dismissed because OWCP letter was informational

B.C. appealed an April 2020 OWCP letter about an earlier schedule award denial. OWCP’s Director moved to dismiss, explaining that the letter gave information about an earlier decision and did not itself decide the claim. The Board accepted that reason and dismissed the appeal for lack of a…

January 28, 2021 ·ECAB
Procedural
COMM

T.L. and U.S. Postal Service, Post Office, Madison, AL

Stroke claim sent back for an impartial medical opinion

T.L. claimed that overwork and a December 2015 work incident contributed to a stroke. OWCP’s referral physician and T.L.’s physician disagreed about whether the accepted work factor was a cause. The Board found a genuine conflict in their medical opinions. It set aside OWCP’s denial and directed…

January 28, 2021 ·ECAB
Remanded
COMM

T.D. and U.S. Postal Service, Post Office, Jenkintown, PA

Shoulder award and overpayment recovery upheld

T.D., a postal worker with an accepted shoulder injury, challenged the amount of her schedule award and an overpayment recovery order. The Board found that the medical evidence supported three percent permanent impairment of her left upper extremity rather than the seven percent previously paid. It…

January 28, 2021 ·ECAB
Affirmed
COMM

V.C. and Department of the Army, U.S. Army Corps of Engineers, Mobile, AL

Retirement election overpayment finding reversed

V.C. elected federal retirement benefits while OWCP continued paying FECA wage-loss compensation for part of 2019. OWCP treated the overlap as a $966.54 overpayment. The Board found no evidence that she actually received retirement annuity payments during the same period. An election date alone did…

January 28, 2021 ·ECAB
Vacated
COMM

O.R. and U.S. Postal Service, Pasadena Main Post Office, Pasadena, CA

Emotional condition denial and hearing refusal upheld

O.R., a postal worker, claimed an emotional condition after an accepted work incident. The Board found no qualifying physician’s evidence diagnosing a related condition; the submitted counselor and nurse records did not meet FECA’s physician requirement on this record. It also found that her oral…

January 28, 2021 ·ECAB
Affirmed
COMM

C.J. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

Refusal to reopen knee claim upheld

C.J. sought reconsideration of a claim that a workplace elevator door had aggravated her right knee condition. The Board reviewed OWCP’s refusal to reopen, rather than the underlying injury claim. It found that her request did not offer a qualifying new legal argument or medical evidence connecting…

January 28, 2021 ·ECAB
Affirmed
COMM

S.M. and U.S. Postal Service, Bulk Mail Center, Forest Park, IL

Two late reconsideration denials upheld

S.M. sought reconsideration of long-standing decisions about disability from a modified postal job. OWCP refused two requests as untimely and lacking clear evidence of error. The Board agreed that the requests missed the one-year filing period. It found that repeated arguments and a new medical…

January 28, 2021 ·ECAB
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.