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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R.R. and U.S. Postal Service, Main Post Office, Lake Havasu City, AZ
Social Security offset overpayment affirmed
R.R. received FECA wage-loss payments and age-related Social Security benefits without the required offset. The Board upheld OWCP’s $49,051.53 overpayment finding and found she was without fault. She had not supplied the requested financial information for waiver or recovery review. The Board…
S.G. and Department of the Treasury, Internal Revenue Service, Memphis, TN
Continuation of pay denied for occupational disease
S.G. attributed aggravation of a back condition to repeatedly walking to a printer at work. The claimed exposure occurred over more than one work shift, so OWCP treated it as an occupational disease rather than a traumatic injury. Continuation of pay is available for qualifying traumatic injuries…
S.C. and U.S. Postal Service, Post Office, Eagan, MN
Injury condition claim denied for lack of causation proof
S.C. claimed several conditions after a fall at work. Her physicians identified knee, dental, and other conditions, but the Board found their reports did not adequately explain how the accepted incident caused them. Reasoning that the conditions appeared after the fall was insufficient on its own…
D.L. and U.S. Postal Service, Post Office, Spring Valley, CA
One percent foot impairment awards affirmed
D.L. applied for schedule awards for permanent impairment of both legs. Her physician rated each leg at one percent, and OWCP’s medical adviser agreed. OWCP granted a one percent award for each leg on April 6, 2020. On appeal, the Board found no evidence supporting a higher rating and affirmed that…
S.S. and U.S. Postal Service, Post Office, Los Angeles, CA
Social Security offset overpayment affirmed
S.S. received FECA benefits and age-related Social Security payments without the required offset. The Board upheld a $5,691.36 overpayment and found her without fault. It also upheld OWCP’s denial of waiver and its plan to deduct $50 every 28 days from continuing compensation. The offset and…
D.F. and Department of the Treasury, Internal Revenue Service, Buffalo, NY
Knee condition and reconsideration denials affirmed
D.F. sought acceptance of a knee condition after a work incident. The Board found that her physician did not adequately explain how the incident caused the diagnosed condition. On reconsideration she submitted a photograph and a previously reviewed report, neither of which supplied relevant new…
P.C. and U.S. Postal Service, Warren Post Office, Warren, PA
Ankle claim needs specialist opinion
P.C. rolled his right ankle after stepping in a pothole while carrying a heavy package at work. His physician explained how that movement could injure the ankle tendons and lead to the diagnosed conditions. The Board found that opinion insufficient for final acceptance but substantial enough to…
E.W. and Department of Veterans Affairs, Kansas City VA Medical Center, Kansas City, MO
Decision sent to old address must be reissued
E.W. told OWCP he had moved, but OWCP mailed its injury denial to his old address. The letter was returned undeliverable, and OWCP later rejected his reconsideration request as late. The Board found that the original decision had been improperly issued because it went to the wrong address. It set…
R.V. and Department of Veterans Affairs, American Lake VA Medical Center, Tacoma, WA
Disability denials affirmed; impairment issue remanded
R.V. sought compensation for intermittent disability after an accepted injury and challenged the termination of medical benefits. The Board found that she had not proved the claimed disability period and that OWCP had shown her accepted conditions no longer required benefits. It affirmed those…
M.C. and Peace Corps, Volunteer Services, Kingston, Jamaica
Skin condition established; emotional claim remanded
M.C. linked skin and emotional conditions to housing with insect infestation and water problems during Peace Corps service. The Board found the skin condition work related. Her physician also linked emotional symptoms to those conditions, but his report did not fully establish medical causation…
United States Department of the Treasury, Internal Revenue Service, Kansas City Campus and National Treasury Employees Union, Chapter 66
IRS Kansas City and NTEU Chapter 66 (FLRA 0-AR-5409): Authority sets aside release-and-overtime award
NTEU filed a grievance over the IRS's notice before releasing seasonal employees to non-work status and its distribution of overtime. An arbitrator treated the mass and institutional claims as procedurally arbitrable, found contract violations, and awarded lost earnings and other relief. The…
Irwin Pierce v. Electric Boat Corporation
Pierce v. Electric Boat (BRB 18-0609): current impairment guide governs retiree’s new rating
Irwin Pierce, a retired Electric Boat worker with an asbestos-related lung condition, sought increased Longshore Act benefits after his condition worsened. A judge raised his impairment rating from 57.5 percent to 65 percent using the sixth edition of the AMA impairment guide. Pierce argued that an…
Manoharan v. HCL America, Inc.
H-1B retaliation claim remanded for agency determination
H-1B worker Vimalraj Manoharan alleged that HCL America failed to pay required wages and terminated him for protected conduct. The Wage and Hour Division found wage violations but did not say whether it had investigated or decided the retaliation claim. The ALJ dismissed that claim because an…
L.S. and Department of Homeland Security, Customs & Border Patrol, Calexico, CA
Shoulder claim files must be combined
L.S. attributed a left shoulder condition to using that arm more after a right shoulder injury and surgery. The right shoulder injury was accepted in a separate OWCP file. The Board found that a fair review of the consequential injury claim required both files together. It directed OWCP to combine…
C.Y. and U.S. Postal Service, Post Office, Kissimmee, FL
Emotional condition claim needs related records
C.Y. sought to add depression and anxiety to an accepted injury claim, linking them to pain and residuals from several work injuries. OWCP relied on medical material from earlier claim files while those files were absent from the current record. The Board held that the underlying evidence had to be…
A.M. and Department of Homeland Security, U.S. Customs & Border Protection, Olmito, TX
Hearing loss schedule award denied
A.M. had work-related hearing loss and tinnitus, but testing produced no ratable permanent hearing impairment under the applicable A.M.A. Guides. One examiner added a rating for tinnitus, but OWCP’s medical adviser explained that tinnitus could not be added without ratable hearing loss. The Board…
L.F. and Department of Homeland Security, U.S. Marshals Service, New York, NY
Related wrist claim files must be combined
L.F. attributed left wrist carpal tunnel syndrome to repetitive prisoner handling. OWCP had previously accepted right wrist carpal tunnel syndrome in another file, which contained relevant medical reports. The Board found those records had not been incorporated into the left wrist claim. It…
K.N. and Department of Agriculture, National Resources Conservation Service, Phoenix, AZ
Social Security offset overpayment affirmed
K.N. received FECA wage-loss compensation and age-related Social Security benefits without the required offset. The Board found a $47,771.87 overpayment, although K.N. was without fault. It also upheld OWCP’s refusal to waive repayment and its $1,750 deduction every 28 days from continuing…
V.D. and U.S. Postal Service, Post Office, Trujillo Alto, PR
Merits reconsideration denial affirmed
V.D. sought reconsideration of a denied claim after an accepted workplace incident. The underlying issue was whether medical evidence established a diagnosed work-related condition. The new claim form and personal statement did not resolve that medical question, and two medical forms were…
R.M. and Department of the Army, Civilian Personnel Advisory Center, Fort Hood, TX
Offset overpayment reversed for incomplete record
OWCP found that R.M. had received a $62,548.61 overpayment because it had not offset Social Security retirement benefits against FECA payments. The Board found the case record lacked key documents showing whether R.M. was covered by the federal retirement system to which that offset applied…
T.G. and U.S. Postal Service, Normandy Post Office, Miami Beach, FL
Emotional condition claim denial affirmed
T.G. attributed an emotional condition to problems performing postal duties, workplace administration, and alleged harassment. The Board found the claimed obstacles and misconduct were not sufficiently established by the record as compensable work factors. Without a proven work factor, it did not…
Matter of Jesus A. MELGAR, Respondent
Matter of Jesus A. MELGAR (BIA ID 4002): ineffective-assistance claim did not justify reopening
The Board denied a Salvadoran respondent's timely motion to reopen based on alleged ineffective assistance by the attorney who continued to represent him. The Board held that counsel's acceptance of responsibility did not replace the requirement to notify appropriate disciplinary authorities under…
J.O., widower of A.O., and U.S. Department of State, Foreign Service, Washington, DC
Survivor overpayment requires reconstructed record
J.O. received FECA survivor benefits after his spouse died in the 1998 bombing of the U.S. embassy in Nairobi. OWCP later claimed a $464,629.10 overpayment based on an omitted Social Security survivor offset. The Board found major portions of the retirement, payment, and family-benefit records…
T.W. and U.S. Postal Service, Post Office, North Reading, MA
Forearm bruise established; shoulder claim denied
A heavy postal container struck T.W.’s right forearm at work. Her contemporaneous photo and statement showed a visible bruise, which the Board found sufficient to establish that condition. Her medical reports did not adequately explain how the incident caused the additional shoulder conditions. The…
C.S. and U.S. Postal Service, Post Office, Highwood, IL
Related knee claim files must be combined
C.S. claimed arthritis in both knees and bone spurs from repeated walking at work. She also had a separate claim for a right knee incident. OWCP denied the occupational claim while the related traumatic claim file was absent from the record. The Board found that the files overlapped on the right…
S.U. and U.S. Postal Service, Linda Mar Station, Pacifica, CA
Appeal dismissed without a final OWCP decision
S.U. appealed letters asking for repayment of an overpayment. The Board found that the letters were informational and did not constitute a final adverse OWCP decision. No qualifying decision issued within the appeal period appeared in the record. The Board dismissed the appeal for lack of…
L.K. and Social Security Administration, Mineola, NY
Offset overpayment reversed because claimant was not in FERS
OWCP asserted that L.K.’s FECA payments should have been reduced by part of her Social Security retirement benefits, creating a $64,266.59 overpayment. The Board found the employment form listed FICA and CSRS retirement coverage, not FERS. OWCP had not established that her Social Security benefits…
D.D. and Department of Defense, Defense Logistics Agency, Tracy, CA
Valley Fever exposure established; causation remanded
D.D. attributed Valley Fever to construction dust entering a warehouse where he worked. A coworker described the dust, the employer confirmed the construction, and OSHA documented elevated cases at the facility. The Board found the workplace exposure established. OWCP must now examine the medical…
C.J., Jr. and Department of Justice, Federal Bureau of Prisons, Fort Dix, NJ
Emotional claim and injury file must be combined
C.J. claimed that an inmate assault at work aggravated his preexisting post-traumatic stress and anxiety conditions. OWCP had accepted a finger injury from the same assault in a separate file but had not included that file in its emotional condition review. The Board found the record incomplete. It…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Accounting and training claims did not prove discrimination
Pete Tartaglia alleged that Freeport-McMoRan Bagdad breached an earlier settlement, improperly recouped money from his pay, and disciplined him in retaliation for Mine Act activity. Judge David Simonton found that the company fulfilled the settlement and that the payroll deductions recovered a…
K.D. and Department of Justice, Federal Bureau of Investigation, Washington, DC
Leg impairment rating needs clarification
K.D. challenged a two percent schedule-award rating for left leg impairment related to a spinal condition. OWCP’s medical adviser did not explain required grading adjustments under the applicable impairment method. The Board found the rating insufficient to settle the extent of impairment. It…
L.A. and Department of Commerce, U.S. Census Bureau, Santa Fe, NM
Offset overpayment reversed for lack of FERS coverage
OWCP claimed L.A. had received FECA compensation and Social Security retirement benefits without a federal service offset. The employment records showed retirement coverage under FICA only, with no FERS enrollment. The Board found that OWCP had not established that a FERS-based offset applied or…
E.R. and U.S. Postal Service, Post Office, Chicago, IL
Cervical condition claim denial affirmed
E.R. sought compensation for cervical conditions after an accepted workplace incident. His physician described the incident and diagnosed a cervical strain but did not explain the causal relationship. Other reports came from a physician assistant or lacked a valid signature. The Board found no…
J.W. and U.S. Postal Service, Kansas City Martin Post Office, Kansas City, MO
Unexplained work fall needs medical review
J.W. fell while casing mail at work. OWCP treated the fall as personal to him, but the medical record did not establish that a preexisting condition caused it. The Board treated the fall as unexplained and found the record needed further development. OWCP must decide whether the incident caused a…
S.P. and U.S. Postal Service, Dr. Caesar A.W. Clark, Sr., Post Office, Dallas, TX
Delayed reconsideration requires merits review
S.P. sought reconsideration of a 13 percent right leg schedule award after her accepted knee conditions expanded. OWCP waited more than a year to rule and then denied review without reaching the merits. The Board found that the delay could impair her opportunity for another timely request. It set…
S.K. and Federal Judiciary, U.S. Supreme Court, Washington, DC
Left leg cost adjustments denied; right leg issue remanded
S.K. sought consumer price adjustments dating back to 1999 for leg schedule awards. The Board found he had no earlier disability period to support that start date for his left leg award. For the right leg, OWCP’s medical adviser chose an earlier maximum medical improvement date without explaining…
J.G. and Department of Justice, Federal Bureau of Prisons, Pollock, LA
Toe impairment rating needs a new examination
J.G. sought an award above one percent permanent impairment of his right leg. Imaging showed a fragmented foot sesamoid bone, but the physicians used a different diagnostic category with a lower default rating. Neither explained that choice. The Board directed OWCP to update the accepted facts…
R.L. and U.S. Postal Service, Palmdale Post Office, Palmdale, CA
New records require recurrence merits review
R.L. claimed a recurrence of disability after modified work was withdrawn. With her reconsideration request, she submitted a supervisor-signed absence form and a settlement describing later temporary work. The Board found these documents relevant to whether suitable work had been available. It…
M.D. and U.S. Postal Service, Boulder Post Office, Boulder, CO
Injury during mail route was in performance of duty
M.D. was delivering mail when police confronted and tackled him after information supplied by postal management. The Board found that management had provided inaccurate information and that M.D. was carrying out his regular duties. It rejected the employer’s willful misconduct defense and held the…
City and County of San Francisco
In re City and County of San Francisco (EAB NPDES Appeal No. 20-01): Permit conditions upheld
The City and County of San Francisco challenged EPA Region 9's authorization for discharges from its combined sewer system and wastewater treatment facility into the Pacific Ocean. The challenge covered a narrative prohibition against violating water-quality standards, reporting of isolated sewer…
J.R. and U.S. Postal Service, Post Office, Morehead, KY
Social Security offset overpayment affirmed
J.R. received FECA wage-loss compensation and age-related Social Security benefits without the required offset. The Board upheld the $37,435.32 overpayment and found he was without fault. It also agreed that the record did not justify waiver and that $200 could be deducted every 28 days from…
M.P. and U.S. Postal Service, Daniel J. Doffyn Post Office, Chicago, IL
Return-to-work overpayment affirmed; early waiver remanded
M.P. continued receiving disability compensation after returning to work, creating a $6,557.28 overpayment. The Board found she was without fault for the first payment period, November 6 through 9, 2019, but at fault for accepting later deposits after she should have recognized the error. It…
K.C. and U.S. Postal Service, Watertown Post Office, Watertown, CT
Carpal tunnel syndrome claim denial affirmed
K.C. attributed bilateral carpal tunnel syndrome to repetitive postal work. Her physicians diagnosed the condition, and one linked it generally to her years of mail handling. The Board found that the reports did not explain how her specific work movements caused or aggravated it. It affirmed OWCP’s…
F.R. and U.S. Postal Service, Post Office, Connellsville, PA
Wage loss termination reversed
OWCP ended F.R.’s wage-loss compensation after finding she could perform offered modified work. Her treating physicians and OWCP’s referral physician disagreed about whether she could perform that job on the termination date. The Board found OWCP had not resolved the medical conflict through an…
C.H. and U.S. Postal Service, Post Office, Waialua, HI
Late written-record review request denied
C.H., a postal carrier, asked an OWCP hearing representative to review the written record more than 30 days after OWCP denied her occupational disease claim for a left knee condition. The Board found the request untimely as a matter of right. It also found that OWCP reasonably exercised its…
Secretary of Labor v. Industrial Process Equipment Constructors
Family illness supported reopening two defaults
Industrial Process Equipment Constructors said the employee responsible for two show-cause orders mistakenly believed she had 30 days to respond. She was caring for several ill family members, and her mother died during that period. The company also said it had lost the secretary who normally…
Secretary of Labor v. Iron Mountain Quarry, LLC
Unserved show-cause order prevented default
Iron Mountain Quarry did not answer a penalty petition, and an ALJ show-cause order appeared to convert into a default. The operator and its counsel had no record of receiving the petition or later documents, and the Secretary could not provide proof of delivery. The Commission found that the…
Secretary of Labor v. Holcim (US) Inc.
One order was vacated and the other was timely contested
Holcim sought to reopen contests of two section 104(b) withdrawal orders. The first order had already been contested with its underlying citation and was vacated by the Secretary in an approved settlement, making reopening moot. For the second order, Holcim's reopening motion was filed three days…
Secretary of Labor v. Image Materials
Allegedly lost answer sent back for good-cause finding
Image Materials defaulted after it appeared not to answer the Secretary's penalty petition or the ALJ's show-cause order. The operator said it timely sent its contest to MSHA's Dallas office and later sent it again to the Arlington office, and claimed the filing was lost after receipt. The…
Harvey J. Osborne v. Day Branch Coal Company, Incorporated
Osborne v. Day Branch Coal (BRB 20-0121 BLA): black lung award affirmed
Harvey Osborne had thirty years of qualifying coal mine work and a totally disabling respiratory impairment. The judge applied the fifteen-year presumption and awarded black lung benefits. The Board rejected the employer’s challenges to the disability finding and its attempts to rebut the…
Bucky Scott v. Eastern Coal Corporation and The Pittston Company
Scott v. Eastern Coal (BRB 20-0071 BLA): black lung award affirmed
Bucky Scott sought black lung benefits after 13.44 years of underground coal mine work, too little for the fifteen-year presumption. The judge instead found clinical and legal pneumoconiosis and total disability caused by the disease. The employer challenged the disease and causation findings. The…
Lee C. Morris v. Warrior Met Coal, LLC
Morris v. Warrior Met Coal (BRB 20-0034 BLA): denial of modification affirmed
Lee Morris had 35.5 years of underground coal mine work but had to establish total respiratory disability to obtain black lung benefits. A judge denied his request to modify a prior denial because the evidence did not establish that disability. The Board upheld the judge’s weighing of doctors’…
J. Shelton Bolling v. Highland Enterprises, Incorporated and Old Republic Insurance Company
Bolling v. Highland Enterprises (BRB 20-0006 BLA): black lung award affirmed
J. Shelton Bolling sought black lung benefits from Highland Enterprises. The judge applied the fifteen-year presumption and awarded benefits after finding the employer had not rebutted it. The Board upheld the judge’s decision to discount medical opinions that did not adequately rule out a…
Ralph Boyd v. Six B Coal Company and Rockwood Insurance Company
Boyd v. Six B Coal (BRB 19-0545 BLA): complicated pneumoconiosis award affirmed
Ralph Boyd filed a later black lung claim after twelve years of coal mine employment. The judge found complicated pneumoconiosis arising from his mine work and awarded benefits under the irrebuttable presumption. The employer challenged the medical findings. The Board upheld the judge’s evaluation…
Henry N. Madden v. ICG Hazard, LLC and Arch Coal, Incorporated
Madden v. ICG Hazard (BRB 19-0525 BLA): black lung denial affirmed
Henry Madden appealed a black lung benefits denial without counsel. The judge found 12.98 years of underground mine work, legal pneumoconiosis, and total respiratory disability, but found Madden had not proved the disability was caused by the disease. The Board upheld that causation finding after…
Lloyd Huff v. D M & M Coal Company, Incorporated and Old Republic Insurance Company
Huff v. D M & M Coal (BRB 19-0502 BLA): benefits affirmed, payer question remanded
Lloyd Huff worked 16.95 years underground and established total respiratory disability. The judge applied the fifteen-year presumption and awarded black lung benefits against D M & M Coal. The Board upheld the benefits award but found the judge had used the wrong analysis for deciding which…
Patricia Perry, on behalf of Charles C. Perry, v. Dominion Coal Corporation
Perry v. Dominion Coal (BRB 17-0515 BLA): miner benefits award affirmed
Patricia Perry continued Charles Perry’s black lung claim after his death. The judge credited at least seventeen years of underground coal mine work, found total respiratory disability, and applied the fifteen-year presumption. The employer challenged the finding that it had not rebutted the…
Katz v. Underwriter's Laboratories
Katz v. Underwriters Laboratories (DOL ARB 2021-0006): untimely Sarbanes-Oxley appeal dismissed
Gene Katz alleged that Underwriters Laboratories fired him for reporting unlawful conduct in violation of the Sarbanes-Oxley Act. An ALJ dismissed the complaint on September 30, 2020, and Katz petitioned for review 22 days later, beyond the 14-day deadline. The Board found no basis for equitable…
Rothschild v. BNSF Railway Co.
Rail retaliation ruling reversed and remanded under causation standard
BNSF Railway disciplined Herbert Rothschild for failing to contact an appropriate supervisor before seeking medical treatment after an injury. An ALJ ruled for Rothschild, reasoning that his protected injury report and the disciplinary decision were inextricably intertwined. The Board held that…
B.H. and U.S. Postal Service, Post Office, Houston, TX
Appeal dismissed at claimant request
B.H. appealed a May 2020 OWCP decision. She later asked the Board to dismiss the appeal so she could seek reconsideration at OWCP instead. The Board granted her request and dismissed the appeal. It did not decide the underlying claim.
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.