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

Freddy E. Huahuasonco Ancalle v. Constellis Group/Triple Canopy Incorporated and Continental Casualty Company

Huahuasonco Ancalle v. Constellis Group (BRB 21-0103): attorney fee raised by agreement

Freddy Huahuasonco Ancalle appealed an administrative law judge's $9,434.38 attorney fee award. While the appeal was pending, the parties agreed that his counsel would accept $11,000 from the employer and carrier to resolve the fee dispute. The Board added $1,565.62 to the judge's award, making the…

January 27, 2021 ·BRB
Modified
COMM

Donna C. Thomas, on behalf of and widow of Jerry Thomas, v. Crager Fork Mining, Incorporated, and Employers Insurance of Wausau

Thomas v. Crager Fork Mining (BRB 20-0145 and 20-0146): benefit payer issue remanded again

Donna Thomas pursued her late husband's Black Lung claim and her own survivor claim. An earlier Board decision upheld both benefits awards but sent back the question of which employer must pay them. The judge again designated Crager Fork Mining as the responsible operator, finding that Dave's…

January 27, 2021 ·BRB
Remanded
COMM

Donna C. Thomas, on behalf of and widow of Jerry Thomas, v. Crager Fork Mining, Incorporated, and Employers Insurance of Wausau

Thomas v. Crager Fork Mining (BRB 20-0145 and 20-0146): benefit payer issue remanded again

Donna Thomas pursued her late husband's Black Lung claim and her own survivor claim. An earlier Board decision upheld both benefits awards but sent back the question of which employer must pay them. The judge again designated Crager Fork Mining as the responsible operator, finding that Dave's…

January 27, 2021 ·BRB
Remanded
COMM

Kenneth Short v. Stollings Trucking Company, Incorporated

Short v. Stollings Trucking (BRB 20-0093): Black Lung benefits award affirmed

Kenneth Short worked 34 years at surface coal mines and received a Black Lung benefits award. His employer appealed, challenging the statutory presumption, the finding that his surface work involved regular coal dust exposure, the medical disability finding, and the failure to rebut the…

January 27, 2021 ·BRB
Affirmed
COMM

William D. Adkins v. Ray Coal Company, Incorporated, and Old Republic Insurance Company

Adkins v. Ray Coal (BRB 20-0079): Black Lung benefits denial affirmed

William Adkins appealed the denial of his fourth Black Lung benefits claim without a lawyer. He had repaired mining equipment for several companies, sometimes at mine sites and sometimes in his own shop. The Board upheld the judge's decision to count 8.82 years as qualifying coal mine employment…

January 27, 2021 ·BRB
Affirmed
COMM

Larry Hamilton v. Consol of Kentucky, Incorporated

Hamilton v. Consol of Kentucky (BRB 20-0078): Black Lung benefits denial affirmed

Larry Hamilton appealed the denial of his Black Lung benefits claim without a lawyer. He had 34 years of underground coal mine work, but still needed evidence of complicated pneumoconiosis or a totally disabling breathing impairment to qualify under the presumptions considered. The Board upheld the…

January 27, 2021 ·BRB
Affirmed
COMM

Roger K. Barnett v. Tara K Coal Company, Incorporated, and Old Republic Insurance Company

Barnett v. Tara K Coal (BRB 20-0077): Black Lung benefits denial affirmed

Roger Barnett appealed the denial of his later Black Lung benefits claim without a lawyer. The judge credited him with 13.28 years of coal mine employment, short of the 15 years required for the statutory presumption of total disability due to pneumoconiosis. The Board upheld the judge's…

January 27, 2021 ·BRB
Affirmed
COMM

Audie Efren Childress v. Redhawk Mining LLC and New Hampshire Insurance/AIG

Childress v. Redhawk Mining (BRB 20-0058): Black Lung benefits award affirmed

Audie Childress, an underground coal miner, received a Black Lung benefits award after the judge found he had a totally disabling respiratory impairment. His employer and its insurer appealed, arguing that the judge's appointment was defective and that the medical evidence did not establish total…

January 27, 2021 ·BRB
Affirmed
COMM

Theresa C. Kirkpatrick, widow of William G. Kirkpatrick, v. Rushton Mining Company and Pennsylvania Power & Light

Kirkpatrick v. Rushton Mining (BRB 20-0046): survivor claim remanded for autopsy review

Theresa Kirkpatrick appealed the denial of survivor benefits after her husband, William, died. The Board upheld the judge's finding that she had not proved a totally disabling respiratory condition at the time of his death; qualifying blood gas tests from his final hospitalization lacked the…

January 27, 2021 ·BRB
Remanded
COMM

Hershell Perrigan v. Clinchfield Coal Company and Pittston Company

Perrigan v. Clinchfield Coal (BRB 20-0042): Black Lung benefits award affirmed

Hershell Perrigan sought Black Lung benefits through a later claim after prior denials. The judge credited twenty-four years of underground coal mine work and found total respiratory disability based on qualifying pulmonary function studies and medical opinions. The Board upheld those findings…

January 27, 2021 ·BRB
Affirmed
COMM

Helen Sizemore, on behalf of and widow of John H. Sizemore, v. Shamrock Coal Company and American Resources Insurance Company

Sizemore v. Shamrock Coal (BRB 19-0546 and 19-0547): reconsideration denied

Shamrock Coal Company and its insurer asked the Board to reconsider its September 2020 decision in two cases involving Helen Sizemore, on behalf of and as widow of John Sizemore. No member of the Board panel voted to vacate or modify that decision. The Board denied reconsideration, leaving the…

January 27, 2021 ·BRB
Procedural
COMM

Helen Sizemore, on behalf of and widow of John H. Sizemore, v. Shamrock Coal Company and American Resources Insurance Company

Sizemore v. Shamrock Coal (BRB 19-0546 and 19-0547): reconsideration denied

Shamrock Coal Company and its insurer asked the Board to reconsider its September 2020 decision in two cases involving Helen Sizemore, on behalf of and as widow of John Sizemore. No member of the Board panel voted to vacate or modify that decision. The Board denied reconsideration, leaving the…

January 27, 2021 ·BRB
Procedural
COMM

Harry D. Stover v. Eastern Associated Coal Company and Peabody Energy Corporation

Stover v. Eastern Associated Coal (BRB 19-0539): benefits award and carrier liability affirmed

Harry Stover sought Black Lung benefits after thirty years of underground coal mine work. The judge found total respiratory disability, applied the fifteen-year presumption, and awarded benefits. The Board upheld the award because the employer's doctors did not adequately explain why coal dust…

January 27, 2021 ·BRB
Affirmed
COMM

Billy J. Farruggia v. Itmann/Consolidation Coal Company

Farruggia v. Itmann/Consolidation Coal (BRB 19-0501): Black Lung benefits award affirmed

Billy Farruggia sought Black Lung benefits through a later claim after a prior denial. The parties agreed he had at least twenty-two years of qualifying mine work. The Board upheld the judge's finding of total respiratory disability based on exercise blood gas studies and medical opinions, allowing…

January 27, 2021 ·BRB
Affirmed
COMM

Billie B. Barr v. Fairfield Southern Company

Barr v. Fairfield Southern (BRB 18-0567): miner's Black Lung claim remanded for rebuttal review

Billie Barr pursued her late husband's Black Lung claim after benefits were denied on modification. He worked as a rail transport worker, loading and positioning coal cars at a preparation plant for U.S. Steel and later Fairfield Southern. The Board held that this daily work counted as coal mine…

January 27, 2021 ·BRB
Remanded
COMM

Brousil v. BNSF Railway Co.

Operating-rule violations establish same-action defense

BNSF locomotive engineer Michael Brousil raised safety concerns about diesel-exhaust exposure when trains were connected to shore power. The railway later disciplined him for separate incidents involving a train moving with an open door, refusal to use an alternate method to confirm door closure…

January 27, 2021 ·DOL ARB
Affirmed
COMM

Ho v. State of Hawaii Dept. of Acct. & Gen. Serv.

Ho v. Hawaii Department of Accounting and General Services (DOL ARB 2019-0051): asbestos reports did not motivate discharge

Hawaii building-maintenance worker Anthony Ho Jr. reported possible asbestos exposure and asbestos-removal concerns at two schools. His employer later terminated him after finding that he sent disruptive and confrontational faxes about a separate, previously investigated allegation to 37 schools…

January 27, 2021 ·DOL ARB
Affirmed
COMM

N.C. and U.S. Postal Service, Elmwood Village Post Office, West Hartford, CT

Appeal dismissed as filed after 180 days

N.C. appealed an OWCP decision issued January 3, 2020. The Board found that the 180-day filing period ended July 1, 2020, but the appeal was filed January 4, 2021. It found no supported explanation establishing compelling circumstances for the delay. The Board dismissed the appeal without deciding…

January 27, 2021 ·ECAB
Procedural
COMM

T.A. and U.S. Postal Service, Post Office, Auburndale, MA

Mail satchel incident accepted and injury claim sent back

T.A., a postal carrier, said carrying a mail satchel caused back pain during her route. OWCP denied the claim after finding that she had not established the incident itself. The Board found her account consistent and supported by medical histories, while the employer had not supplied strong…

January 27, 2021 ·ECAB
Remanded
COMM

C.G. and Department of Veterans Affairs, Cheyenne VA Medical Center, Cheyenne, WY

Back claim expansion sent back for review of omitted reports

C.G. had an accepted low back strain and asked OWCP to add a lumbar spine bulge to the claim. OWCP denied expansion after discussing some medical records. The Board found that OWCP had received additional relevant physician and treatment reports before or on the date of its decision but had not…

January 27, 2021 ·ECAB
Remanded
COMM

S.H. and Department of the Air Force, U.S. Air Force Academy, Colorado Springs, CO

Social Security offset overpayment finding reversed

OWCP said S.H. had received $9,264.26 too much in FECA compensation because Social Security retirement benefits attributable to federal service had not been offset. The Social Security agency had provided conflicting information about when retirement benefits began; earlier forms said she received…

January 27, 2021 ·ECAB
Vacated
COMM

D.S. and U.S. Postal Service, Gulf Atlantic District Performance Center, Jacksonville, FL

Reconsideration denial returned for review of medical reports

D.S. sought reconsideration after OWCP ended her wage-loss compensation. She submitted many medical reports, including records of an OWCP-authorized shoulder surgery. OWCP denied reconsideration without discussing those reports. The Board found that the denial lacked adequate findings and reasons…

January 27, 2021 ·ECAB
Remanded
COMM

K.U. and U.S. Postal Service, Michigan Metroplex Processing & Distribution Center, Pontiac, MI

Appeal dismissed at counsel’s request

K.U. filed a timely appeal from a January 28, 2020 OWCP decision. Counsel later asked the Board to dismiss the appeal. The Board granted that request and ended the appeal without deciding the underlying claim.

January 27, 2021 ·ECAB
Procedural
COMM

C.G. and U.S. Postal Service, Kensington Post Office, Detroit, MI

Leg and foot claim denial and late hearing refusal upheld

C.G., a postal carrier, claimed that walking mail routes caused right knee, right hip, and left foot conditions. The Board found that his medical reports diagnosed conditions but did not give a physician’s reasoned opinion linking them to work. It also found that his request for review of the…

January 27, 2021 ·ECAB
Affirmed
COMM

A.C. and U.S. Postal Service, Post Office, Beaver Falls, PA

Hand condition claim returned for review of omitted reports

A.C., a postal carrier, claimed that repeated mail handling caused conditions in both hands. OWCP denied the claim, stating that no medical evidence with a diagnosis had been submitted. The Board found that OWCP had overlooked two orthopedic surgeon reports diagnosing carpal tunnel syndrome and…

January 27, 2021 ·ECAB
Remanded
COMM

S.A. and Department of Homeland Security, Customs & Border Protection, El Paso, TX

Left leg impairment rating upheld

S.A. sought a larger schedule award after an accepted left knee injury and surgery. His treating physician and an OWCP medical adviser disagreed about how to rate the impairment, so OWCP obtained an impartial examiner’s opinion. The Board found that the examiner used the appropriate impairment…

January 27, 2021 ·ECAB
Affirmed
COMM

M.V. and Department of Justice, Bureau of Prisons, Federal Correctional Complex, Beaumont, TX

Disability recurrence denial upheld

M.V. sought compensation for a recurrence of disability from February 25 through March 7, 2019 after an accepted ankle injury. The Board found that his physician’s earlier report released him to full duty and did not address the claimed period. The remaining medical evidence also failed to explain…

January 27, 2021 ·ECAB
Affirmed
COMM

E.M. and Department of the Air Force, Scott Air Force Base, IL

Pay, fracture claim, and hearing abandonment rulings upheld

E.M. reported a fall at work and sought continuation of pay and compensation for a right humerus fracture. The Board found that his injury notice arrived after the 30-day period for continuation of pay and that the physician’s note did not explain whether work caused the fracture. It also found…

January 27, 2021 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Parkville Station Post Office, Brooklyn, NY

Left knee claim found timely and sent back for merits review

L.S., a former postal worker, filed a left knee claim after a physician linked the condition to his work activities. OWCP rejected the claim as filed too late, measuring from his last exposure at work. The Board found that earlier records did not show he knew or should have known of a work…

January 27, 2021 ·ECAB
Remanded
COMM

S.B. and U.S. Postal Service, Post Office, Independence Annex, Charlotte, NC

Request to expand injury claim denied for lack of causation evidence

S.B. sought to add hearing loss, tinnitus, migraines, and vertigo to an accepted work injury claim. The Board found that some medical reports gave no opinion about causation. Another physician linked her symptoms to a head strike, but the accepted account of the work incident did not establish that…

January 27, 2021 ·ECAB
Affirmed
COMM

M.L., Executor of the Estate of E.L., and U.S. Postal Service, Moss Point Branch Post Office, Moss Point, MS

Survivor claim reopened for seizure argument

M.L., executor of E.L.’s estate, sought reconsideration after OWCP denied survivor benefits. He argued that opioid treatment for accepted injuries caused her death and, alternatively, that a seizure could still have a work-related link because OWCP had paid for anti-seizure medication. The Board…

January 27, 2021 ·ECAB
Remanded
COMM

L.F. and Department of Health & Human Services, Administration for Children & Families, Dallas, TX

Shoulder claim expansion returned for a complete medical history

L.F. asked OWCP to add left shoulder conditions to an accepted injury claim. An impartial medical examiner rejected the connection, but the Board found that the accepted-facts statement given to him omitted conditions OWCP had accepted in related files. That incomplete history weakened the…

January 27, 2021 ·ECAB
Remanded
COMM

C.M. and Department of Veterans Affairs, Clement J. Zablocki Veterans Affairs Medical Center, Milwaukee, WI

Termination of compensation for refusing work reversed

OWCP ended C.M.’s wage-loss compensation and schedule award entitlement after she declined a modified health technician position. The Board found that OWCP had not proved the position suitable for her medical condition. The physician’s reports were inconsistent about her ability to work, and OWCP…

January 27, 2021 ·ECAB
Vacated
COMM

Matter of Cecilia Mabel VIERA-GARCIA and Matter of Odin Isaac ORDONEZ-VIERA

Matter of Viera-Garcia and Ordonez-Viera (BIA ID 4008): a later hearing notice can perfect a deficient notice to appear

The Board reviewed a mother and son’s appeal after an Immigration Judge denied their request for voluntary departure at the end of removal proceedings. The Board held that a notice to appear missing the time or place of the initial hearing does not by itself end the period used to determine…

January 26, 2021 ·BIA
Remanded
COMM

J.D. and U.S. Postal Service, Post Office, Conyers, GA

Termination of mental health benefits reversed

OWCP ended J.D.’s benefits after a physician concluded that her accepted emotional conditions had resolved. The Board found that his report still diagnosed depression and anxiety but did not explain why those symptoms were unrelated to the accepted conditions. It also found that he did not…

January 26, 2021 ·ECAB
Vacated
COMM

C.H. and Department of Veterans Affairs, Wilmington VA Medical Center, Wilmington, DE

Back condition claim returned for a second medical opinion

C.H. claimed that a June 2018 work incident caused or aggravated conditions in her neck and lower back. OWCP denied the claim. Her physician described a possible physical mechanism linking the incident to those conditions. The Board found that his report was not enough to prove causation but raised…

January 26, 2021 ·ECAB
Remanded
COMM

W.R. and Department of the Air Force, Seymour Johnson Air Force Base, NC

Shoulder contusion accepted but other conditions denied

W.R. claimed a shoulder injury after being struck by an object while loading an aircraft at work. The Board found that the incident caused a visible left shoulder contusion. It found that the medical reports did not adequately explain how the incident caused the other claimed shoulder conditions…

January 26, 2021 ·ECAB
Mixed result
COMM

C.R. and U.S. Postal Service, Post Office, Oscoda, MI

Benefit suspension upheld after missed examination

OWCP scheduled C.R. for a medical examination to assess continued disability and work capacity. She did not attend, and her later response said she had recently undergone surgery and tried to reschedule. The Board found that the response came after OWCP’s 14-day explanation period and lacked…

January 26, 2021 ·ECAB
Affirmed
COMM

G.E. and Social Security Administration, Wisconsin Rapids, WI

Injury incident established despite date error

G.E. reported that she fell at work but entered 2018 instead of 2019 as the injury year on her initial claim form. She later corrected the date to March 23, 2019. A coworker’s statement, medical records, and the employer’s treatment authorization supported that date. The Board found that the…

January 26, 2021 ·ECAB
Remanded
COMM

M.P. and Department of the Interior, National Park Service, Grand Canyon, AZ

Burn claim denied for lack of medical causation evidence

M.P. claimed that a January 5, 2020 workplace incident caused a burn. OWCP accepted that the incident occurred but denied the injury claim. The Board found that the physician’s report lacked a detailed account of the incident and a reasoned causal explanation. Reports signed by a physician…

January 26, 2021 ·ECAB
Affirmed
COMM

V.B. and U.S. Postal Service, Post Office, Sunrise, FL

Overpayment amount requires new calculation

V.B. received federal wage-loss compensation while also receiving Social Security retirement benefits attributable in part to federal service. OWCP had not offset the overlapping benefits from February 4, 2018 through June 22, 2019. The Board agreed that an overpayment occurred and that V.B. was…

January 26, 2021 ·ECAB
Remanded
COMM

V.B. and U.S. Postal Service, Post Office, Sunrise, FL

Waiver denial requires a fuller expense review

V.B. sought waiver of recovery of a $48,649.60 overpayment of wage-loss compensation. OWCP found her without fault but concluded that her income exceeded allowable living expenses. The Board found that OWCP had not explained which expenses it excluded or adequately addressed her credit and…

January 26, 2021 ·ECAB
Remanded
COMM

A.B. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH

Elbow and hand injury claim lacks medical causation evidence

A.B., a postal mail processing clerk, attributed right elbow, wrist, and hand conditions to a May 15, 2019 incident while handling mail. OWCP accepted the incident but denied the claim. One doctor attributed sprains to the incident without explaining the medical basis for that conclusion; another…

January 26, 2021 ·ECAB
Affirmed
COMM

A.J. and Department of Veterans Affairs, Hunter Holmes McGuire VA Medical Center, Richmond, VA

Reconsideration required for workplace assault claim

A.J., a VA laundry worker, reported injuries from an assault by a coworker at work. OWCP denied the claim on the question whether the assault arose from his employment. In seeking reconsideration, A.J. argued that OWCP had overlooked evidence of the coworker’s earlier serious misconduct at work…

January 26, 2021 ·ECAB
Remanded
COMM

H.W. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX

Hearing loss award returned for tinnitus calculation

H.W., a customs and border protection officer, sought a larger award for work-related hearing loss. OWCP awarded compensation based on eight percent hearing loss in his left ear. Its medical evaluations also found impairment from accepted tinnitus, but OWCP omitted the tinnitus rating when…

January 26, 2021 ·ECAB
Remanded
COMM

L.D. and Department of Homeland Security, Federal Protective Service, Rochester, NY

Claim expansion and disability recurrence denied

L.D., a federal security inspector, had an accepted right wrist injury from November 2014. He sought to add carpal tunnel syndrome or another right hand condition as a consequence of that injury and claimed a later period of disability. The Board found that his doctor did not give a clear diagnosis…

January 26, 2021 ·ECAB
Affirmed
COMM

M.O. and U.S. Postal Service, Ravenswoods Station Post Office, Chicago, IL

Board orders three claim files combined

M.O., a postal city carrier, claimed tendinitis from stocking, obtaining supplies, and moving equipment at work. The Board found that OWCP had separately maintained her current file and two earlier files involving tendinitis and a left shoulder injury. It concluded that the files had to be combined…

January 26, 2021 ·ECAB
Remanded
COMM

M.P. and U.S. Postal Service, Post Office, Cody, WY

Left thumb impairment award and reconsideration denial upheld

M.P. sought more than a 20 percent permanent impairment rating for his left thumb. His doctor rated impairment at 40 percent, while OWCP’s medical adviser used the A.M.A. Guides figure specific to his thumb amputation and rated it at 20 percent. The Board accepted the adviser’s rating. It also…

January 26, 2021 ·ECAB
Affirmed
COMM

N.B. and U.S. Postal Service, Mid Hudson Processing & Distribution Center, Newburgh, NY

Retirement benefit overpayment and recovery upheld

N.B. received federal wage-loss compensation while also receiving Social Security retirement benefits attributable to federal service without the required offset. The Board upheld an overpayment of $33,695.97 and found that N.B. was without fault. It upheld the denial of waiver because her assets…

January 26, 2021 ·ECAB
Affirmed
COMM

A.H. and U.S. Postal Service, Post Office, Gastonia, NC

Overpayment corrected by three cents

A.H. returned to full duty but continued to receive wage-loss compensation for March 16 through April 27, 2019. The Board agreed that he was overpaid and was at fault because he should have known the payments were incorrect after his return to work. It found a typographic error in OWCP’s final…

January 26, 2021 ·ECAB
Modified
COMM

P.C. and Department of Justice, Federal Bureau of Investigation, New York, NY

Termination of long-standing benefits reversed

P.C. had accepted employment injuries from 1987 and 1991 and continued to receive compensation. OWCP relied on a later medical examination to find that the accepted conditions had resolved and to terminate benefits. The Board found that the examiner had not adequately discussed the earlier…

January 26, 2021 ·ECAB
Vacated
COMM

K.B. and Department of Defense, Defense Logistics Agency, Corpus Christi, TX

Increased leg impairment award denied

K.B. previously received schedule awards for two percent permanent impairment of each lower extremity. He sought a larger award. The Board gave weight to an impartial examiner’s corrected assessment, which found no additional ratable impairment under the applicable guidance. It found no persuasive…

January 26, 2021 ·ECAB
Affirmed
COMM

F.H. and U.S. Postal Service, Summerlin Post Office, Las Vegas, NV

Reconsideration of disability claim denied

F.H., a rural carrier, had an accepted cervical condition and sought review of a later disability dispute. In seeking reconsideration, she argued that OWCP had misunderstood the medical record and submitted additional reports. The Board found that her arguments repeated earlier ones and that the…

January 26, 2021 ·ECAB
Affirmed
COMM

S.W. and U.S. Postal Service, Bartlett Post Office, Memphis, TN

Benefit termination reversed because job offer was temporary

S.W., a postal letter carrier, had an accepted right wrist condition. OWCP terminated his benefits after he declined a modified city carrier assignment it treated as suitable work. The Board found that the offered assignment was temporary because the employer had no permanent position available…

January 26, 2021 ·ECAB
Vacated
COMM

D.S. and U.S. Postal Service, Post Office, Joplin, MO

Wage-loss claim returned for review of existing evidence

D.S., a postal rural carrier associate, sought wage-loss compensation after an accepted work-related motor vehicle accident. OWCP denied the claim, saying there was no supporting evidence. The Board found that OWCP had received a modified job offer and employer information before its decision but…

January 26, 2021 ·ECAB
Remanded
COMM

N.L. and Department of the Navy, Navy Facilities Engineering Command, Colts Neck, NJ

Knee impairment award returned for impartial assessment

N.L. sought a larger schedule award for permanent impairment of his right leg. His doctors disagreed about the extent of cartilage damage in his right knee, a finding that controls the impairment rating. The Board found that the earlier impartial examiner’s opinion could not resolve that…

January 26, 2021 ·ECAB
Remanded
COMM

M.A. and U.S. Postal Service, Covington Station Post Office, Covington, WA

Shoulder disability claim needs further medical review

M.A., a postal carrier, claimed wage-loss compensation related to an accepted right shoulder injury. Her doctor described severe shoulder findings and gave an opinion linking her inability to work to the condition. The Board found that the reports did not fully prove the claim but raised enough of…

January 26, 2021 ·ECAB
Remanded
COMM

M.F. and Department of Veterans Affairs, Birmingham Veterans Affairs Center, Birmingham, AL

Workplace incident established; injury causation remanded

M.F. alleged an October 27 injury while helping detain a patient at a VA facility; the Board found that the incident occurred on October 20, 2017. Witness accounts, employer information, and medical records supported that the incident occurred during his duties. The Board found the workplace event…

January 26, 2021 ·ECAB
Remanded
COMM

National Treasury Employees Union, Chapter 66 and United States Department of the Treasury, Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri

NTEU Chapter 66 and IRS Kansas City Service Center (FLRA 0-AR-5599): Authority upholds detail-pay ruling

IRS tax examining technicians accepted details to higher-graded positions that began with two weeks of classroom training before GS-8 pay started. The Union claimed that the national agreement required the higher rate from the first day of the detail. An arbitrator found that Union and Agency…

January 26, 2021 ·FLRA
Upheld
COMM

Secretary of Labor v. Decker Coal Co.

Unexplained eight-month delay barred reopening

Decker Coal asked the Commission to reopen a penalty assessment after admitting that the matter fell through the cracks and was forgotten. The company also waited nearly eight months after MSHA mailed a delinquency notice before seeking reopening. Although the Secretary did not oppose the motion…

January 25, 2021 ·FMSHRC
Procedural

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.