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.
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T.H. and U.S. Postal Service, Riverhead Post Office, Riverhead, NY
Lumbar condition claim requires specialist review
T.H., a postal carrier, sought acceptance of lumbar conditions connected to his mail delivery work. His physician described the work incidents, examination findings, and a medical explanation linking the lumbar conditions to his duties. The Board found that opinion sufficient to require further…
A.F. and Department of the Air Force, Joint Base San Antonio-Randolph Air Force Base, Randolph, TX
Right shoulder injury denial affirmed
A.F. claimed that lifting at work on October 16, 2019 injured his right shoulder. His physician diagnosed several shoulder conditions but did not explain how the lifting incident caused or aggravated them. The Board found the other reports and diagnostic tests likewise insufficient to establish…
D.P. and Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Brooklyn, NY
Timely reconsideration request requires a new ruling
D.P. sought reconsideration of OWCP’s February 19, 2019 denial of his right-thumb injury claim. OWCP received his request on November 13, 2019, within the one-year period. It nevertheless rejected the request under the clear-evidence-of-error standard for late filings. The Board set that ruling…
N.L. and U.S. Postal Service, Loiza Street Post Office, San Juan, PR
Right ankle condition needs further medical review
N.L. asked OWCP to add right ankle conditions to her accepted workplace injury claim. Her physician’s opinion did not fully establish that the work injury caused or aggravated those conditions, but it warranted more investigation. The Board directed OWCP to combine related claim files, prepare…
T.T. and U.S. Postal Service, Post Office, Indianapolis, IN
Appeal dismissed because OWCP decision was void
T.T. appealed OWCP’s refusal to expand her accepted lumbar claim. While that appeal remained before the Board, OWCP terminated her wage-loss and medical benefits on the ground that the accepted conditions had resolved. The Board found the termination decision directly related to the pending appeal…
B.L. and Department of Justice, Federal Bureau of Investigation, Washington, DC
Leg swelling established; other conditions remanded
B.L., an FBI special agent, sought compensation for conditions diagnosed after he took part in SWAT team tryouts; OWCP accepted that the work incident occurred but had denied a causal link to those conditions. The Board found the visible bilateral leg and thigh swelling and edema sufficiently…
D.B. and U.S. Postal Service, Post Office, Fort Worth, TX
Late reconsideration denial affirmed
D.B. sought reconsideration of OWCP’s May 25, 2018 denial of disability compensation for a period in 2018. The request came more than a year after that merits decision. The Board found that the medical evidence did not show clear evidence of error in the denial. It also rejected the argument that a…
F.D. and Department of Agriculture, Agricultural Marketing Service, Bronx, NY
Appeal dismissed because OWCP decision was void
F.D. sought to add spine and nerve conditions to an accepted injury claim and appealed an OWCP decision about that issue in docket 19-0890. During that appeal, OWCP issued another decision denying expansion for additional conditions. The Board held the later OWCP decision void because the same…
Premier Flipping LLC
In re Premier Flipping LLC (EAB TSCA Appeal No. 20-(05)): Board declines review and initial decision becomes final
Premier Flipping LLC was the respondent in an EPA administrative proceeding. On November 5, 2020, the Presiding Officer issued and served an Initial Decision and Default Order. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R…
VSS International, Inc.
In re VSS International, Inc. (EAB CWA Appeal No. 20-02): $230,958 penalty affirmed
VSS International operated an asphalt emulsion storage facility near the Sacramento River Deep Water Ship Channel in California. The Environmental Appeals Board reviewed an Administrative Law Judge's findings on violations of the Oil Pollution Prevention regulations, including deficiencies in VSS's…
Onysko v. State of Utah Dept. of Environmental Quality
Onysko v. Utah Department of Environmental Quality (DOL ARB 2019-0042): summary dismissal affirmed
Utah environmental engineer Steven Onysko alleged that the state Department of Environmental Quality retaliated against him for activity protected by the Safe Drinking Water Act. The ALJ found that all but six of 87 alleged adverse actions were untimely. For each timely action, Utah presented…
Warzala Construction
Citations vacated because roofer was not an employee
OSHA investigated after a worker fell nearly 30 feet through a deteriorated metal roof and died. It cited Warzala Construction for failing to provide fall protection and for failing to report an employee fatality to OSHA within eight hours. The worker had performed other hourly labor for Warzala…
Jamie Lynn Stein, successor in interest to Martha Mihalko, v. Thorpe Insulation Company and California Insurance Guarantee Association
Stein v. Thorpe Insulation (BRB 20-0061): death-benefit bar and insurer dismissal vacated
Martha Mihalko claimed Longshore Act death benefits after her husband James died following years of shipyard asbestos work. Her daughter, Jamie Lynn Stein, continued the claim and had settled separate lawsuits against asbestos-product companies. A judge held those settlements barred the…
Johnny G. Riggs v. Lodestar Energy, Incorporated and Kentucky Employers Mutual Insurance
Riggs v. Lodestar Energy (BRB 20-0024 BLA): denial after remand affirmed
Johnny Riggs had twenty-one years of coal mine work, including nineteen years underground, but still had to show total respiratory disability to invoke the fifteen-year presumption. After an earlier Board remand, the judge again denied benefits. The Board upheld the judge’s evaluation of the…
Charles R. Cumberlidge v. Valley Camp Coal Company
Cumberlidge v. Valley Camp Coal (BRB 19-0548 BLA): benefits award on remand affirmed
Charles Cumberlidge sought black lung benefits after twelve years of coal mine work. An earlier Board decision required the judge to reconsider conflicting breathing tests and whether pneumoconiosis caused his disability. The judge again awarded benefits. The Board held the judge adequately…
Dee Ann Noecker, on behalf of Tommy V. Noecker, v. Decker Coal Company
Noecker v. Decker Coal (BRB 19-0492 BLA): miner’s benefits award affirmed
Dee Ann Noecker continued Tommy Noecker’s black lung claim after he died while it was pending. The judge found clinical pneumoconiosis arising from his coal mine work and total respiratory disability caused by the disease. The employer challenged the judge’s authority and medical findings. The…
Bobby C. Knight v. Heritage Coal Company, LLC and Peabody Energy Corporation
Knight v. Heritage Coal (BRB 19-0435 BLA): black lung benefits affirmed
Bobby Knight sought black lung benefits after roughly ten to thirteen years of coal mine employment. The judge found his chronic obstructive pulmonary disease was significantly related to coal dust and totally disabled him. The employer disputed its liability and challenged the assessment of mine…
Julia A. Engblom v. Georgia-Pacific Corporation and ACE American Insurance Company
Engblom v. Georgia-Pacific (BRB 19-0427): total disability award affirmed
Julia Engblom, a forklift driver, could not return to her usual work after work-related injuries. An earlier Board decision sent the case back for a closer look at three jobs the employer said she could perform. The judge found the jobs unavailable or unsuitable given her experience and physical…
Ziegenhorn v. Ruan Logistics Corp.
Dismissal of truck driver's retaliation complaint affirmed
Truck driver Bernard Ziegenhorn alleged that Ruan Logistics fired him for filing an hours-of-service complaint with the Federal Motor Carrier Safety Administration. The ALJ found that Ziegenhorn engaged in protected activity but did not prove that it contributed to his termination. Ruan's…
A.V. and Social Security Administration, San Francisco Regional Public Affairs Office, Richmond, CA
Left shoulder claim denial affirmed
A.V., a claims authorizer, attributed a left shoulder condition to many years of work duties. Her physician discussed repetitive typing and shoulder symptoms, but the Board found the medical evidence did not adequately explain how the accepted work factors caused or aggravated the diagnosed…
D.G. and U.S. Postal Service, Post Office, McDonough, GA
Termination of wage loss and medical benefits reversed
OWCP ended D.G.’s wage-loss and medical benefits after its examiner concluded her accepted spinal sprains had resolved. The Board found that the examiner did not adequately explain whether her work injury had contributed to preexisting degenerative conditions. His conclusory opinion could not carry…
M.A. and U.S. Postal Service, Middlesex Essex Processing & Distribution Center, North Reading, MA
OWCP must consider timely received evidence
M.A. reported that she fell at work and injured her face. OWCP denied her claim, stating that she had not described the incident or supplied factual evidence. Its records, however, showed it received her questionnaire and a witness statement on the day of its decision. The Board held that OWCP had…
L.S. and U.S. Postal Service, Post Office, Ridgewood, NY
Continuing disability and additional condition denials affirmed
L.S. sought continued benefits and recognition of additional conditions after an accepted workplace injury. The Board found the medical evidence did not establish continuing disability or a need for treatment after August 14, 2018 from the accepted conditions. It also found insufficient proof…
S.B. and U.S. Postal Service, Post Office, Independence Annex, Charlotte, NC
Related emotional condition claims must be combined
S.B. had several claim files concerning emotional conditions, including a current occupational disease claim. OWCP denied the current claim without combining those related files. The Board found that a fair ruling required the agency to review the files together. It remanded for administrative…
M.G. and Department of Veterans Affairs, Loma Linda Health Care System, Loma Linda, CA
Injury claim denial affirmed for lack of diagnosis
M.G., a nurse, claimed an injury from an accepted workplace incident. Her physician’s work excuse notes did not identify a specific medical diagnosis or explain causation. Another note came from a physician assistant, whose opinion did not meet FECA’s physician requirement. The Board found no…
B.K. and U.S. Postal Service, Post Office, Brooklyn, NY
Elbow impairment rating needs a complete factual record
B.K. sought a schedule award for more than 11 percent permanent impairment of his left arm. OWCP’s statements of accepted facts omitted important accepted elbow conditions, surgery, and recurrence history. The Board found that the examining doctors’ ratings rested on an incomplete factual…
National Federation of Federal Employees, VA Council of Consolidated Locals and United States Department of Veterans Affairs
NFFE VA Council and Department of Veterans Affairs (FLRA 0-NG-3474): Authority dismisses religious-comp-time petition
The VA and NFFE agreed to a policy governing compensatory time for religious observances by certain Title 38 medical employees. The Secretary of Veterans Affairs disapproved the agreement after finding that it concerned employee compensation and professional conduct or competence under 38 U.S.C. §…
Secretary of Labor v. U.S. Silica
Unexplained reopening delay prompted show-cause order
U.S. Silica plausibly explained that it believed a departing safety manager had timely contested the assessment and later received confusing MSHA billing information. The company learned of the default from a December 2019 delinquency notice but did not move to reopen until nearly three months…
T.M. and U.S. Postal Service, Post Office, Boston, MA
Hip impairment conflict needs a new examiner
T.M. sought a schedule award for permanent right leg impairment due to an accepted aggravation of hip osteoarthritis. OWCP used an impartial examiner to resolve conflicting medical opinions. That examiner rejected the accepted work-related condition stated in OWCP’s factual record, so his opinion…
S.S. and U.S. Postal Service, Irvington Post Office, Irvington, NJ
Cervical condition claim needs specialist review
S.S. attributed worsening cervical spine conditions to sorting, lifting, carrying, and delivering mail. Her physician explained how those duties could aggravate her spine and compared 2014 and 2018 scans that showed worsening despite a 2014 car accident. The Board found his reasoned opinion…
O.C. and Department of Homeland Security, Customs & Border Patrol, Hebbronville, TX
New medical report requires merits reconsideration
O.C. sought reconsideration after OWCP terminated his wage-loss compensation and medical benefits. He submitted a new physician report addressing whether he remained disabled and needed treatment after the termination. The Board found the report relevant and new, meeting the standard for merits…
D.H. and Architect of the Capitol, Washington, DC
Social Security offset overpayment affirmed
D.H. received FECA wage-loss benefits while also receiving age-related Social Security benefits without the required offset. The Board upheld OWCP’s finding that this caused an $8,477.86 overpayment, although he was without fault. It also upheld denial of waiver because he had not supplied the…
P.K. and Department of Agriculture, U.S. Forest Service, Pinedale Ranger District, Pinedale, WY
Back condition claim denial affirmed
P.K. claimed that a workplace incident caused a back condition. His physician diagnosed a lumbar disc disorder but did not explain how the accepted incident caused or aggravated it. Other reports either omitted a causation opinion or came from providers who were not physicians under FECA. The Board…
K.M. and U.S. Postal Service, Mililani Station Post Office, Mililani, HI
Leg impairment rating needs a new second opinion
K.M. sought an award for more than three percent permanent impairment of his left leg. An OWCP examiner offered different ratings depending on whether lumbar radiculopathy was accepted. After OWCP clarified that it was accepted, the examiner repeated the lower rating without addressing the revised…
K.G. and U.S. Postal Service, Cragin Post Office, Chicago, IL
Carpal tunnel syndrome claim denial affirmed
K.G. attributed right carpal tunnel syndrome to her postal work. Her physician diagnosed the condition and indicated that work activities aggravated it, but did not give a sufficiently detailed medical explanation connecting the accepted duties to the diagnosis. Other reports did not resolve that…
V.B. and Department of the Army, Red River Army Depot, Texarkana, TX
Late reconsideration denial affirmed
V.B. asked OWCP to reconsider an earlier decision after the one-year filing period had ended. The Board found that her submission did not demonstrate clear evidence of error in that decision, the standard for an untimely request. It affirmed OWCP’s refusal to reopen the merits.
American Federation of Government Employees, Local 779 and United States Department of the Air Force, Sheppard Air Force Base
AFGE Local 779 and Sheppard Air Force Base (FLRA 0-NG-3448): Authority dismisses late dress-code petition
AFGE Local 779 and Sheppard Air Force Base disputed whether a revised dress code could prohibit shorts. During impasse proceedings, the agency asserted that the proposal affected management's right to determine the methods and means of work. The Authority treated that assertion as an unsolicited…
Secretary of Labor v. Panther Creek Mining, LLC
Unopposed reopening motion granted
Panther Creek Mining asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. Marfork Coal Company, LLC
Medical leave mistake supported reopening
Marfork Coal paid the uncontested penalties and marked the remaining penalties for contest. An executive assistant at the parent company recorded the filing deadline but left the office for surgery without submitting the contest. The company discovered the failure and promptly sought reopening, and…
Secretary of Labor v. Oak Grove Resources, LLC
Conference-process mistake supported reopening
Oak Grove Resources told the inspector that it intended to conference a section 104(b) order. The operator believed it did not need to file a contest until the conference process ended and said it tried to obtain the conference result from MSHA. After MSHA told the operator that the order was…
Secretary of Labor v. William Tackitt
Individual assessment reopened after filing mistake
William Tackitt received an individual penalty assessment under section 110(c) while the mine that employed him was closed. The mine had a reliable contest procedure but was unfamiliar with individual assessments and had already contested the related assessments issued against the operator. Counsel…
G.K. and U.S. Postal Service, Madison Wisconsin Processing & Distribution Center, Madison, WI
Injury denial affirmed; reconsideration refusal reversed
G.K. claimed an injury after a forklift incident at work, but had not given OWCP a sufficiently detailed incident description before its original decision. The Board therefore affirmed that denial on the original record. A new emergency department report later described the incident in detail…
T.T. and U.S. Postal Service, Post Office, Indianapolis, IN
Additional lumbar condition denial affirmed
T.T. asked OWCP to expand an accepted lumbar injury claim to include a small annular tear at L5-S1. The medical reports identified the condition but did not explain how her accepted work injury caused or aggravated it. The Board found the causation evidence insufficient and affirmed OWCP’s denial…
S.W. and Department of Veterans Affairs, Veterans Benefits Administration, Cleveland, OH
Public bus commute injury denial affirmed
S.W. was injured when a public bus stopped suddenly while he was traveling to his fixed workplace before his scheduled shift. The Board found that the bus was ordinary public transportation, not a work site or a special access route for employees. His injury arose from a hazard shared by other…
A.H. and Department of Veterans Affairs, VA Puget Sound Health Care System, Tacoma, WA
Injury, continuation of pay, and reconsideration denials affirmed
A.H. claimed an injury during a September 2019 workplace incident, but the Board found that he had not established that the incident occurred as alleged. Without an established work injury, he also was not entitled to continuation of pay. His reconsideration request identified no qualifying new…
G.K. and Department of Homeland Security, Customs & Border Protection, Port of Washington-Dulles, Sterling, VA
Emotional condition claim needs employer response
G.K. attributed an emotional condition to events involving subordinates and workplace management. OWCP asked the employer to respond to his allegations, but received no answer before denying the claim. The Board found it could not decide whether the alleged events were compensable without the…
C.R. and U.S. Postal Service, Springfield Network Distribution Center, Springfield, MA
Left knee claim needs specialist review
C.R. linked a left knee condition to a workplace incident involving a door. Her physician described how the incident could aggravate preexisting knee arthritis and cause a possible meniscus tear. The Board found that his reports did not finally establish causation but were substantial enough to…
United States Department of Veterans Affairs
Department of Veterans Affairs (FLRA 0-PS-48): Authority declines broad management-official guidance
The Department of Veterans Affairs asked the Authority to broaden and clarify which employees qualify as management officials excluded from bargaining units. It proposed treating employees who spent more than one-quarter of their time formulating, determining, or influencing agency policy as…
American Federation of Government Employees, National Council of Field Labor Locals and United States Department of Labor
AFGE Field Labor Locals and Department of Labor (FLRA 0-AR-5616): Authority upholds performance-standards award
AFGE challenged new performance standards and ratings for Department of Labor wage and hour investigators. The arbitrator interpreted the parties' agreement as allowing a grievance over standards as applied in ratings of record, but not over the standards as written. He found that the agency's…
American Federation of Government Employees, Local 2338 and United States Department of Veterans Affairs Medical Center, Poplar Bluff, Missouri
AFGE Local 2338 and Poplar Bluff VA Medical Center (FLRA 0-AR-5528): Authority upholds harassment-grievance award
AFGE Local 2338 alleged that the Poplar Bluff VA Medical Center failed to investigate harassment and bullying of employees. An arbitrator limited the relevant period, found that the Union had not proved the underlying conduct, and denied the grievance. The Authority dismissed exceptions tied to…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Dublin, California and American Federation of Government Employees, Local 3584, Council of Prison Locals #33
FCI Dublin and AFGE Local 3584 (FLRA 0-AR-5492): Authority narrows overtime remedy
An arbitrator found that FCI Dublin failed to distribute and document overtime equitably under its agreement with AFGE Local 3584. A later remedial award resolved backpay claims and set rules for use of an overtime sign-up list. The Authority dismissed challenges to the earlier merits award as…
P.G., claiming as widow of J.G., and Department of the Navy, Naval Air Weapons Stations, China Lake, CA
Survivor benefits and reconsideration denials affirmed
P.G. sought survivor benefits after her husband’s death, arguing that his accepted work injury contributed to it. The Board found no reasoned medical opinion connecting the accepted conditions to his death. Her reconsideration request repeated evidence already reviewed and did not warrant a new…
K.B. and U.S. Postal Service, Seattle Performance Cluster, Seattle, WA
Wage earning capacity modification denied
K.B. sought to change an earlier wage-earning capacity determination based on a modified clerk position. The Board found that she had not shown the position was unsuitable or that the original determination was erroneous. An impartial medical examiner acknowledged continuing injury residuals but…
W.B. and U.S. Postal Service, Post Office, Rochester Hills, MI
Ankle impairment claim needs further development
W.B. sought a schedule award for left leg impairment. Both her physician and OWCP’s medical adviser linked impairment to a peroneal tendon injury, although OWCP had not accepted that condition. The Board found that OWCP should have resolved whether the condition belonged in the accepted claim…
United States Department of Education, Federal Student Aid and American Federation of Government Employees, Local 3899
Federal Student Aid and AFGE Local 3899 (FLRA 0-AR-5515): Authority restores telework but vacates expense reimbursement
Federal Student Aid changed its telework policy and revoked an employee's existing schedule despite her satisfactory remote performance. An arbitrator found that the agency violated the agreement and federal telework law, ordered restoration of the prior schedule, and awarded reimbursement for…
OFCCP v. Oracle America, Inc.
Office of Federal Contract Compliance Programs v. Oracle America, Inc. (DOL ARB 2020-0072): case closed after agency declined exceptions
The Office of Federal Contract Compliance Programs brought this case against Oracle America under Executive Order 11246. An ALJ issued a recommended decision and order on September 22, 2020. OFCCP later notified the Board that it would not file exceptions and asked that the matter be closed. The…
Mawhinney v. Transport Workers Union, Local 591
Union dismissed from aviation retaliation case
Robert Steven Mawhinney alleged that Transport Workers Union Local 591 colluded with American Airlines and others to discharge him in violation of AIR21's aviation whistleblower protections. The union sought dismissal through motions for summary decision and dispositive action. The Board reviewed…
Administrator, Wage and Hour Div., USDOL v. Doctor's Help, Inc.
Administrator, Wage and Hour Division v. Doctor's Help, Inc. (DOL ARB 2018-0038): H-1B back-wage award affirmed
Doctor's Help, a medical training and staffing business, sponsored Kelly Silva for an H-1B visa but lost the contract under which she was expected to work. Silva entered the United States, performed some work, and remained available for work, but the company did not pay her wages or reimburse her…
M.M. and U.S. Postal Service, Pacific Beach Post Office, San Diego, CA
Late reconsideration denial affirmed
M.M. sought reconsideration of a denied occupational left arm condition claim more than one year after the merits ruling. His statement repeated earlier arguments, and the medical report had already been considered. The Board found no clear evidence of error to justify reopening the late request…
E.B. and U.S. Postal Service, Lawrenceville Post Office, Lawrenceville, VA
Shoulder condition claim needs second opinion
E.B. claimed left shoulder injuries after reaching to ring a doorbell while carrying packages. His surgeon described the incident, surgery, and diagnostic findings, and explained how it could cause a biceps tendon rupture and aggravate a rotator cuff tear. The Board found the reports sufficient to…
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.