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.C. and U.S. Postal Service, Saint Peters Post Office, St. Peters, MO
Duplicate award overpayment upheld but fault reversed
T.C. received duplicate schedule award compensation from December 2018 through April 2019. The Board agreed the duplicate payments created an overpayment. It found OWCP had wrongly assigned fault to her and remanded for further proceedings on recovery.
K.W. and U.S. Postal Service, Trenton Processing Transportation Office, Trenton, NJ
Knee impairment rating needs accurate accepted facts
K.W. sought a schedule award above the one percent already awarded for his left leg. The impartial examiner said there was no traumatic knee pathology, contradicting OWCP’s acceptance of a knee ligament sprain and tear. The Board found the rating opinion inconsistent with accepted facts and ordered…
S.S. and U.S. Postal Service, Post Office, Sicklerville, NJ
Benefit termination reversed and treatment issue remanded
S.S. had accepted wrist, shoulder, and spinal sprains after a work injury. Her doctor and OWCP’s examiner disagreed about additional conditions and the need for shoulder surgery. OWCP ended benefits without first resolving the medical conflict. The Board reversed termination and ordered an…
MPS Products Corp.
Beam fall-protection item affirmed and lift-rail item vacated
OSHA inspected MPS Products during steel erection work in Massachusetts and cited two fall hazards. Two employees worked on steel beams 29 feet above the ground without tying off, while another employee briefly climbed a scissor lift's guardrails to reach the structure. The judge affirmed the…
T.M. and U.S. Postal Service, Warner Robins Post Office, Warner Robins, GA
Work injury facts established; causation remanded
T.M., a postal rural carrier, claimed that repeated package handling, walking, and stepping in and out of her vehicle injured her right lower leg. OWCP denied the occupational disease claim, finding that she had not established the work events or a diagnosis. The Board found her account of the…
W.F. and U.S. Postal Service, Post Office, Cochranton, PA
Schedule award denial upheld before maximum medical improvement
W.F., a rural mail carrier, had an accepted right shoulder condition and underwent surgery. He requested a schedule award for permanent impairment, but his physician did not find that his condition had reached maximum medical improvement and discussed further surgery. The Board held that a schedule…
A.D. and U.S. Postal Service, San Francisco Processing & Distribution Center Finance Post Office, San Francisco, CA
Ankle injury denial upheld for lack of medical diagnosis
A.D., a postal motor vehicle operator, reported twisting his left ankle while leaving his truck at work. OWCP accepted that the incident occurred but denied the claim. The Board found that a medical note diagnosing ankle pain described a symptom rather than a medical condition, and the other…
J.H. and U.S. Postal Service, Saint Joseph Post Office, St. Joseph, MO
Knee condition denial upheld for lack of causal opinion
J.H., a city letter carrier, claimed that repetitive work caused a left knee condition. Her physician diagnosed Hoffa’s syndrome, and she submitted a knee MRI. The Board found that the physician did not explain whether work caused or aggravated the condition, while the MRI alone could not establish…
V.H. and Department of Homeland Security, Transportation Security Administration, BWI Thurgood Marshall Airport, Linthicum, MD
Fall claim denial upheld for inadequate causation evidence
V.H., a transportation security supervisor, reported injuring several body parts when he fell over a cart at work. OWCP accepted the fall but denied the claim because the medical evidence did not adequately link the diagnosed conditions to that incident. The Board found that the reports lacked a…
B.C. and U.S. Postal Service, Post Office, Penn Yan, NY
Wrist claim remanded for specialist opinion
B.C., a rural mail carrier, claimed that repetitive mail handling injured her right hand, wrist, and arm. Her orthopedic specialist linked her duties to de Quervain’s tenosynovitis, carpal tunnel syndrome, and symptoms of thumb joint arthritis, but OWCP denied the claim. The Board found his reports…
D.S. and Department of Veterans Affairs, Veterans Health Administration, Atlanta Veterans Affairs Medical Center, Decatur GA
Reconsideration denial set aside over unaddressed evidence
D.S., a medical technician, claimed an emotional condition related to her federal employment. After OWCP denied the claim, she sought reconsideration and submitted additional documents, including a witness statement and material about an investigation. OWCP’s nonmerit denial discussed only her…
T.G. and U.S. Postal Service, Main Post Office, Minooka, IL
Recurrence denial upheld for insufficient medical proof
T.G., a postal clerk, had accepted bilateral carpal tunnel syndrome and de Quervain’s tendinitis and later stopped work again. She claimed a recurrence of disability beginning August 27, 2018. The Board found that the medical reports did not adequately explain how her accepted conditions had…
United States Department of Education, Office of Federal Student Aid and American Federation of Government Employees, Council 252
Federal Student Aid and AFGE Council 252 (FLRA 0-AR-5445): Authority upholds telework bargaining award
Federal Student Aid limited employees to two telework days per week and ended existing schedules before their annual review. An arbitrator found that the agency violated the agreement by denying the Union pre-decisional involvement and violated federal labor law by implementing the change without…
D.M. and Department of Homeland Security, National Protection & Programs Directorate, Casa Grande, AZ
Kidney disease claim returned for impartial medical review
D.M., a chemical security inspector, claimed that workplace chemical exposure caused or aggravated his kidney disease. His physician and OWCP’s physician reached conflicting conclusions on causation. The Board set aside OWCP’s March 18, 2020 denial and directed it to obtain an impartial medical…
P.C. and Department of Homeland Security, Customs & Border Patrol, El Paso, TX
Injury claim denied for insufficient causal medical proof
P.C., a border patrol officer, reported neck, chest, and arm symptoms after a March 1, 2019 incident involving a suspect. OWCP accepted that the incident occurred but denied the claimed medical conditions. The Board found that the medical reports, including one addressing a cervical spine tumor…
L.L. and Environmental Protection Agency, Region II, Edison, NJ
Appeal dismissed because overpayment action was not adverse
L.L. appealed a September 20, 2019 OWCP action concerning a preliminary overpayment determination. That action vacated the preliminary determination and therefore was not adverse to L.L. The Board found no final adverse OWCP decision within the 180-day appeal window and dismissed the appeal for…
L.R. and Department of State, U.S. Embassy, Managua, Nicaragua
Hand condition claim returned for review of overlooked medical reports
L.R., a human resources assistant, claimed hand and shoulder symptoms related to her work, including typing. OWCP denied the claim on January 9, 2020 after stating that she had supplied no medical evidence. The Board found that medical reports had reached OWCP before the denial, including records…
R.N. and Department of Veterans Affairs, VA Medical Center, Cheyenne, WY
Appeal dismissed because no timely reviewable decision was in the record
R.N. appealed a purported January 22, 2020 OWCP decision. The Board found no decision of that date in the record. The latest recorded decision was dated September 5, 2018, more than 180 days before the appeal was docketed. It dismissed the appeal because it lacked a timely final adverse decision to…
A.J. and U.S. Postal Service, Wesley Chapel Post Office, Decatur, GA
Reconsideration denial returned for a reasoned decision
A.J., a postal carrier, had an accepted stress and post-traumatic stress disorder claim after a robbery while working. She requested reconsideration, but OWCP denied review on November 4, 2019. The Board found that OWCP had not addressed her arguments and new evidence. It set aside the nonmerit…
D.S. and Department of Homeland Security, Customs & Border Patrol, Tucson, AZ
Shoulder injury claim denied for insufficient causal medical proof
D.S., a border patrol agent, reported a right shoulder injury during apprehension technique training on March 13, 2019. OWCP accepted the training incident but denied the claimed medical conditions. The Board found that the medical opinions did not adequately explain how that incident caused or…
I.G. and Department of Justice, Federal Bureau of Investigation, Quantico, VA
Wrist injury claim returned for causation review
I.G., an FBI investigator, reported wrist and hand symptoms after prolonged use of a snowmobile throttle during work. Medical reports diagnosed nerve palsies, but OWCP treated the record as lacking a diagnosed condition. The Board set aside OWCP’s October 29, 2018 and February 28, 2019 decisions…
American Federation of Government Employees, Local 1367 and United States Department of the Air Force, 502D Force Support Squadron, Joint Base San Antonio, Lackland, Texas
AFGE Local 1367 and Joint Base San Antonio (FLRA 0-AR-5625): Authority upholds graphic designer reprimand
The Air Force reprimanded a graphic designer who submitted two products to customers without the required supervisory review, and both products contained errors. An arbitrator found just cause for the reprimand. The Union argued that the award rested on a nonfact because the evidence contradicted…
Department of Homeland Security, U.S. Customs and Border Protection, Laredo, Texas (Respondent/Agency) and National Border Patrol Council, American Federation of Government Employees, Local 2455, AFL-CIO (Charging Party/Union)
Customs and Border Protection, Laredo (FLRA DA-CA-17-0068): Retaliation finding upheld
A Border Patrol agent reported that his supervisor had not sent backup during a field assignment. The supervisor then accused the agent of dishonesty, leading to an internal investigation. An administrative law judge found that the referral retaliated against the agent for protected union activity…
Johnson v. BNSF Railway Co.
Railroad's appeal withdrawn
Robert Johnson alleged that BNSF Railway retaliated against him for reporting an injury. After OSHA issued findings, Johnson requested an ALJ hearing and the ALJ issued a decision on September 29, 2020. BNSF petitioned the Board for review, but the parties later jointly asked to withdraw that…
Colley v. Union Pacific Railroad Co.
Injury-report retaliation ruling reversed and remanded
Union Pacific dismissed Clovis Colley for allegedly falsifying a personal injury report. An ALJ found that Colley made a protected report and ruled for him, reasoning that the report and discipline were inextricably intertwined. The Board affirmed the protected-activity finding but held that the…
D.A. and U.S. Postal Service, Northern New Jersey Metro Processing & Distribution Center, Teterboro, NJ
Hernia claim denied for insufficient medical explanation
D.A., a mail handler, felt groin pain while freeing a stuck pallet jack at work on August 5, 2019. A physician diagnosed a right inguinal hernia and later performed surgery, but did not adequately explain how the work incident caused or aggravated the condition. The Board affirmed OWCP’s December…
H.T. and U.S. Postal Service, Post Office, Oakland, CA
Reconsideration denial upheld in shoulder claim
H.T., a postal tractor trailer operator, attributed shoulder problems to repeated pushing, pulling, and loading at work. After OWCP denied his claim, he requested reconsideration. The Board found that his request raised no new relevant legal argument and supplied no pertinent new medical evidence…
D.S. and U.S. Postal Service, Aberdeen Post Office, Aberdeen, SD
Leg infection claim denied for insufficient causal proof
D.S., a city carrier, claimed that walking through water and mud at work on June 16, 2018 caused a right leg infection. A physician diagnosed cellulitis but described a work connection as only possible and did not explain how the exposure caused or worsened the condition. The Board affirmed OWCP’s…
K.G. and U.S. Postal Service, Dover Post Office, Dover, NH
Shoulder condition claim denied for insufficient medical proof
K.G., a letter carrier, attributed left shoulder pain to the repeated movements and parcel deliveries required by his route. OWCP denied his occupational disease claim. The Board found that the medical reports did not provide a reasoned opinion linking a diagnosed shoulder condition to his work…
K.J. and Department of Homeland Security, U.S. Secret Service, Laurel, MD
Hip condition claim returned for further medical development
K.J., a Secret Service agent, claimed that tactics and physical training caused a right hip labral tear. Two physicians explained how the required movements could have caused the tear. The Board found that their reports raised an uncontroverted inference of causation requiring OWCP to develop the…
N.X. and U.S. Postal Service, Post Office, Rockaway Park, NY
Spine condition claim denied for insufficient causal proof
N.X., a letter carrier, claimed cervical and lumbar conditions following an August 7, 2018 work incident. The Board found that a physician’s checked box and the other medical records did not provide a reasoned explanation connecting those conditions to the accepted incident. It affirmed OWCP’s July…
Y.C. and U.S. Postal Service, Van Brunt Station Post Office, Brooklyn, NY
Claim expansion returned for review of all alleged conditions
Y.C., a letter carrier, had an accepted neck and shoulder injury after a September 27, 2016 fall while delivering mail. He sought to add further conditions to the accepted claim. OWCP addressed a right ankle injury but did not evaluate medical reports concerning other alleged spine, shoulder, and…
D.N. and Department of Defense, Office of the Inspector General, Alexandria, VA
Treatment time granted; remaining disability claim remanded
D.N., a Defense Department investigator, sought wage loss after accepted injuries from a workplace fall. The Board held that he was entitled to up to four hours of wage loss for each listed medical appointment in 2018. His treating physician and OWCP’s physician disagreed about his ability to work…
Matter of Daniel Girmai NEGUSIE
Matter of Negusie (BIA ID 3999): no duress exception to the persecutor bar
The Attorney General reviewed a Board decision involving an Eritrean and Ethiopian national who served as a prison guard in Eritrea and later sought asylum, withholding of removal, and protection under the Convention Against Torture. The decision held that the persecutor bar does not contain an…
Danaher Corporation, New Owner of Pall Corporation
In re Danaher Corporation, New Owner of Pall Corporation (EAB FIFRA Appeal No. 20-02C): $48,215 penalty imposed under settlement
Danaher Corporation acquired Pall Corporation and later disclosed potential FIFRA violations involving pesticide devices manufactured, imported, or sold by Pall facilities. The disclosed violations concerned misbranding, establishment registration, production reporting, recordkeeping, and Notices…
Kevin Miller v. Global Linguist Solutions, LLC and Zurich American Insurance Company
Miller v. Global Linguist Solutions (BRB 20-0180): disability rate clarified
Kevin Miller worked as a linguist in Iraq and received compensation for work-related knee and psychological conditions. The employer challenged the classification of a period of total disability and the maximum rate for later partial disability payments. The Board upheld the judge’s finding that…
Roger L. Lester v. VACO Resources Incorporated and West Virginia Coal Workers’ Pneumoconiosis Fund
Lester v. VACO Resources (BRB 19-0556 BLA): pneumoconiosis findings remanded
Roger Lester appealed a later black lung claim denial without a lawyer, and the employer cross-appealed a medical-evidence ruling. The judge found Lester had not proved pneumoconiosis. The Board identified findings requiring reconsideration, including the evaluation of x-rays and doctors’ opinions…
Brucker v. BNSF Railway Co.
Dismissal of injury-report retaliation claim affirmed
Robert Brucker alleged that BNSF Railway fired him because he had reported a work injury and filed a related lawsuit. BNSF discovered during that lawsuit that Brucker had not disclosed a misdemeanor conviction on his employment application, and Brucker admitted during the company's investigation…
J.F. and Department of Veterans Affairs, Veterans Health Administration, Seattle, WA
Additional shoulder surgery and reconsideration denials upheld
J.F., a VA motor vehicle operator, had an accepted left shoulder injury and previously received authorized surgery. He sought authorization for another shoulder operation and asked OWCP to reconsider its decision. The Board found no abuse of discretion in OWCP’s denial of additional surgery and…
A.O. and Department of Transportation, U.S. Merchant Marine Academy, Kings Point, NY
Reconsideration denial upheld in occupational disease claim
A.O., a security officer, claimed that work exposure at the World Trade Center site caused an eye cancer. After OWCP denied the claim, he requested reconsideration and supplied statements and records about his presence at the site. The Board found that his new submissions did not address the…
B.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Loma Linda, CA
Leg injury claim returned for fuller medical development
B.S., a VA vocational nurse, claimed a left leg injury after slipping on a wet floor on June 22, 2015. He also had two earlier accepted left knee injuries. His physician’s report linked the injuries to worsening knee disease and was reasoned enough to require further review, although it did not…
J.R. and U.S. Postal Service, Post Office, Cleveland, OH
Continuing disability and claim expansion denials upheld
J.R., a postal worker, had an accepted 1989 injury involving her back, neck, and shoulder. She sought continuing disability and residual benefits from May 13, 2016 and asked OWCP to accept additional conditions. The Board found that the medical evidence did not establish continuing work-related…
V.H. and U.S. Postal Service, Post Office, Baltimore, MD
Schedule award denial upheld for lack of ratable impairment
V.H., a city carrier, had accepted left ankle and foot sprains after slipping on ice at work. She sought a schedule award for permanent impairment. The Board relied on the medical impairment assessment finding no ratable permanent impairment of the left lower extremity from the accepted conditions…
J.B. and Department of Defense, Hunter Army Airfield Commissary, Hunter Army Airfield, GA
Retirement benefit overpayment recovery upheld
J.B. received FECA wage loss benefits while also receiving Social Security age-related retirement benefits without the required offset. The Board upheld OWCP’s finding of a $32,975.18 overpayment for December 1, 2015 through October 13, 2018, although J.B. was without fault. It also upheld denial…
L.B. and Department of Homeland Security, U.S. Secret Service, Laurel, MD
Shoulder disability recurrence returned for medical development
L.B., a Secret Service investigator, had an accepted shoulder injury from a medicine ball during work training. He later claimed a recurrence of disability beginning September 11, 2017. His physician linked the later disability and surgery to the accepted injury, but the report did not fully…
M.H. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service, Renton, WA
Reduced wage loss upheld based on earning capacity
M.H., a federal air marshal with an accepted neck injury, could no longer perform physical restraint duties. Medical restrictions nonetheless allowed other full-time work, and OWCP selected an internal security manager position to measure his earning capacity. The Board found that OWCP met its…
Secretary of Labor v. Genesis Alkali, LLC
Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
Secretary of Labor v. Buchanan Minerals, LLC
Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Final assessment reopened after filing mistake
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
A.P. and U.S. Postal Service, Post Office, Chelsea, MA
Hip arthritis claim returned for medical development
A.P., a letter carrier, attributed right hip osteoarthritis to years of walking, climbing, and carrying mail. His orthopedic physician explained how those duties could have aggravated and accelerated the condition. The Board found the report sufficient to require further medical development. It set…
A.F. and U.S. Postal Service, St. Louis Processing & Distribution Center, St. Louis, MO
Intermittent disability claim denied for insufficient medical proof
A.F., a postal processing clerk, had accepted conditions from a March 2016 fall at work. She sought compensation for intermittent absences from August 9 through October 4, 2019. Her physician listed absence dates but did not identify the condition that prevented her from performing modified work on…
J.C. and U.S. Postal Service, Sayreville Post Office, Sayreville, NJ
Neck condition claim returned for specialist review
J.C., a postal carrier, claimed a cervical condition after stacked tubs fell onto his head and neck at work on July 18, 2013. His orthopedic physician supplied an uncontradicted explanation connecting the incident to his cervical conditions. The Board found the reports insufficient to prove the…
R.A. and U.S. Postal Service, North Oakland Post Office, Oakland, CA
Additional upper extremity schedule award denied
R.A., a postal worker, had already received schedule awards for six percent permanent impairment of each upper extremity. She sought a higher award. The Board found that the medical evidence did not establish impairment beyond those amounts under the applicable rating method. It affirmed OWCP’s May…
T.D. and Department of Agriculture, Forest Service, Tonasket, WA
Tailbone claim denial upheld; jaw claim returned for review
T.D., a Forest Service technician, sought to add tailbone pain and a temporomandibular joint disorder to her accepted injury claim after a trap door struck her at work. The Board found no adequate medical link between the incident and coccydynia, and affirmed that part of OWCP’s denial. Medical…
J.S. and U.S. Postal Service, Broadview Heights Post Office, Cleveland, OH
Recurrence of disability denied for insufficient medical proof
J.S., a letter carrier, had an accepted lower back condition and later sought compensation for renewed disability beginning December 24, 2016. The Board found that the medical reports did not adequately explain how the accepted condition prevented her from working during the claimed period. It…
J.S. and U.S. Postal Service, Main Post Office, Dallas, TX
Disability claim returned for combined file and medical review
J.S., a postal tractor trailer operator, sought total disability compensation from July 26, 2014 through August 7, 2017. The Board found that medical reports suggested disability from an accepted condition, but OWCP had not combined all related claim files needed for review. It set aside OWCP’s…
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.