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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V.P. and U.S. Postal Service, Post Office, Rockford, IL
Shoulder occupational disease denial upheld
V.P., a rural mail carrier, attributed bilateral shoulder conditions to repeated casing and delivery duties. The Board accepted the reported work factors but found that the medical evidence did not adequately explain how those duties caused her diagnosed conditions. It affirmed OWCP’s October 30…
D.P. and Department of the Navy, U.S. Fleet Forces Command, Kings Bay, GA
Shoulder schedule award claim returned for analysis
D.P., a Navy machinist, sought a schedule award for left shoulder impairment after previously receiving an award for 10 percent left arm impairment from a separate wrist claim. OWCP denied an additional award because the current rating was below 10 percent. The Board held that the question was…
D.B. and Department of Veterans Affairs, James J. Peters VA Medical Center, Bronx, NY
Late reconsideration denial upheld
D.B., a VA program support assistant, sought compensation for a back injury she said resulted from being struck in a workplace cafeteria. OWCP had denied the underlying claim because the alleged incident was not established. The Board reviewed only her later request for reconsideration, which was…
American Federation of Government Employees, Local 446 and United States Department of Agriculture, Forest Service, Asheville, North Carolina
AFGE Local 446 and Forest Service (FLRA 0-AR-5573): Authority upholds denial of attorney fees
The Forest Service suspended an employee for ten days based on two charges. An arbitrator reversed the suspension and granted back pay because one charge lacked credible evidence and the conduct behind the other did not warrant formal discipline. The arbitrator later denied attorney fees after…
Secretary of Labor v. Marion County Coal Company
Misdirected contest reopened
Marion County Coal sought to reopen a penalty assessment after mailing an amended contest notice with its penalty payment to MSHA's St. Louis payment office. The operator promptly sent the notice to the Civil Penalty Compliance Office after learning that the St. Louis office had not accepted it…
Secretary of Labor v. Raw Coal Mining Co., Inc.
Late contests reopened
Raw Coal Mining sought to reopen two penalty assessments after its representative learned that contests mailed together by regular mail had not been recorded. The representative discovered the problem through a routine database search and filed the motions one week after the assessments became…
Secretary of Labor v. Victory Rock Texas, LLC
Confused contest reopened
Victory Rock Texas sought to reopen a penalty assessment after believing that it had successfully contested the citation. The operator said it later paid the penalty by mistake because it thought the amount belonged to another case. It supplied completed contest and remittance forms but no proof…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Misrouted contests reopened
Warrior Met Coal Mining sought to reopen two penalty assessments after sending its contest notices to MSHA's St. Louis office instead of the Civil Penalty Compliance Office. The operator moved to reopen less than a month after MSHA sent delinquency notices. The Secretary did not oppose the requests…
Secretary of Labor v. American Sand Co. LLC
Unserved order could not create default
American Sand appeared to default after it did not answer an ALJ show-cause order. The operator said the order went to the wrong address, and the record had no proof of delivery. The Commission noted that the address appeared to contain a typographical error. The Commission found that the unserved…
Secretary of Labor v. Peabody Southeast Mining, LLC
Three serious violations affirmed
Peabody operated the underground Shoal Creek Mine, where MSHA cited combustible accumulations in two belt areas and an alternate escapeway obstructed by holes, muck, and water. Judge Jacqueline Bulluck found that the belt conditions created fire and smoke hazards and that the escapeway could not…
S.M. and U.S. Postal Service, Coconut Grove Post Office, Miami, FL
Knee disease claim returned for medical development
S.M., a retired postal clerk, attributed left knee osteoarthritis to years of standing, walking, bending, and lifting at work. A physician described those duties and explained how repeated loading could aggravate knee arthritis. The Board found that his opinion required further medical development…
P.H. and Department of Homeland Security, Customs & Border Patrol, El Paso, TX
Hearing loss schedule award denial upheld
P.H., a border patrol agent, sought a schedule award for hearing loss after occupational noise exposure. OWCP accepted employment related hearing loss, but its medical adviser found the impairment was not severe enough to be ratable under the applicable guide. The Board agreed and found that a…
S.P. and U.S. Postal Service, Post Office, Needham, MA
Hip disease claim returned for medical development
S.P., a retired letter carrier, attributed bilateral hip osteoarthritis to years of deliveries, stair climbing, and lifting. A physician explained how repeated load bearing during postal work could damage hip cartilage. The Board found the opinion sufficient to require more medical development. It…
D.T., daughter of L.S., and U.S. Postal Service, Nashville Processing & Distribution Center, Nashville, TN
Schedule award reconsideration returned for merits review
D.T., daughter of the postal employee L.S., challenged OWCP’s refusal to reconsider additional schedule awards for the employee’s injuries. She raised new arguments about evaluation of arm impairment under a FECA bulletin and about the statement of accepted facts. The Board found those arguments…
T.H. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
Late reconsideration denial upheld
T.H., a postal mail handler, had claimed a neck injury after handling mail bags at work. OWCP denied that injury claim for insufficient medical causation proof. Her later request for reconsideration came more than one year after the last merit decision, and she submitted no evidence or argument…
P.E. and U.S. Postal Service, Office of Learning, Development & Diversity, Miami, FL
Termination of wage loss and medical benefits reversed
P.E., a postal human resources specialist, had accepted injuries after falling over a stuck cart at work. OWCP ended her wage loss compensation and medical benefits effective September 20, 2018. The Board found that one referral physician rejected the conditions OWCP had accepted, while another did…
R.K. and U.S. Postal Service, Oak Park Station, Sacramento, CA
Overpayment fact upheld; amount returned for review
R.K., a former postal window clerk, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service. The Board upheld OWCP’s finding that an overpayment occurred, but found conflicting evidence about when she began receiving the retirement benefits. It…
E.H. and Department of Homeland Security, Citizenship & Immigration Services, Los Angeles, CA
Overpayment review denial upheld on different ground
E.H., a federal immigration information officer, had received an overpayment determination after collecting FECA wage loss and federal retirement benefits at the same time. She sought OWCP reconsideration of that determination. The Board held that a final overpayment determination can be reviewed…
Secretary of Labor v. Marfork Coal Company, LLC
Medical absence excused
Marfork Coal sought to reopen three penalty assessments after the employee responsible for contest notices unexpectedly missed work because of a medical issue. She discovered the missed deadlines when she returned and contacted counsel. The company filed its reopening motions within 30 days, and…
Secretary of Labor v. Meadows Stone & Paving, Inc.
Misaddressed contest excused
Meadows Stone asked the Commission to reopen a penalty assessment that became final after MSHA did not receive its contest. The company said it mailed the contest on time, but the Secretary's records showed it went with the penalty check to MSHA's St. Louis payment address instead of the Civil…
Secretary of Labor v. Mettiki Coal WV, LLC
Internal routing mistake excused
Mettiki Coal sought to reopen a penalty assessment after its new safety director sent the contest notice to the parent company instead of filing it with MSHA. The director assumed the parent company would forward the notice and did not know that it needed authorization to act for Mettiki. He…
Secretary of Labor v. Mountain Coal Company, LLC
Reopening motion withdrawn
Mountain Coal filed a motion asking the Commission to reopen this case. The company later asked to withdraw that motion. The Commission granted the withdrawal request and dismissed the case. The short official release does not identify the underlying assessment, any cited safety standard, or the…
Secretary of Labor v. Milestone Materials Division of Mathy Construction
Late answer excused
Milestone Materials asked the Commission to reopen a penalty case after a show-cause order became a default order. Its attorney filed the answer one day late after returning from two weeks away from the office, and the Secretary did not oppose reopening. The Commission treated the internal delay as…
Secretary of Labor v. Mid-Illinois Quarry, LLC
Apparently mailed contest reopened
Mid-Illinois Quarry sought to reopen a penalty assessment after MSHA did not receive a contest notice that the operator said it had mailed on time. MSHA processed the uncontested payment sent from the same assessment a few days later, although the operator had no proof of mailing for the contest…
I.J. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN
Late hearing loss reconsideration denial upheld
I.J., a former Army Corps crane operator, attributed hearing loss to workplace noise. OWCP had denied his occupational disease claim, and his later reconsideration request was untimely. The Board found that the materials he submitted did not show clear evidence of error in the earlier denial…
J.R. and Department of the Air Force, Wilford Hall Medical Center, Lackland Air Force Base, TX
Retirement offset overpayment and recovery upheld
J.R., an Air Force medical center food service worker, received FECA wage loss payments while also receiving Social Security retirement benefits attributable to federal service. The Board upheld OWCP’s $26,070.62 overpayment calculation for February 2017 through August 2019. Although she was not at…
T.G. and Department of Defense, Defense Information Systems Agency, Scott Air Force Base, IL
Occupational disease reconsideration denial upheld
T.G., a federal financial management technician, attributed stress related conditions and other symptoms to her work environment. Her underlying claim was denied because she had not established a compensable employment factor. In a later reconsideration request, she repeated earlier allegations and…
C.F. and U.S. Postal Service, Curseen-Morris Processing & Distribution Center, Washington, DC
Late oral hearing denial upheld
C.F., a postal clerk with an accepted workplace injury, requested an oral hearing about an OWCP decision concerning failure to attend a medical examination. Her request was postmarked almost a year after the June 19, 2018 decision, beyond the 30-day period for a hearing as of right. The Board found…
P.C. and U.S. Postal Service, Post Office, Jackson, MS
Suitable work benefits termination reversed
P.C., a postal mail handler with accepted bilateral carpal tunnel syndrome, was offered modified work. OWCP ended her wage loss compensation and schedule award entitlement after she declined the offer. The Board found that the medical suitability review had not considered her diagnosed left…
M.B. and U.S. Postal Service, Tampa Carrier Annex, Tampa, FL
Overpayment and waiver denial upheld
M.B., a postal letter carrier, received wage loss compensation for days beyond the two days he missed after an accepted injury. The Board upheld OWCP’s $1,503.90 overpayment finding for February 3 through 16, 2018. Although M.B. was without fault, he did not supply the financial information needed…
K.H. and Department of Veterans Affairs, Veterans Health Administration, Minneapolis VA Medical Center, Minneapolis, MN
Shoulder injury claim returned for causation review
K.H., a VA painter, reported a right shoulder condition after painting door frames at work. OWCP denied the claim for lack of a diagnosed condition. The Board found that a physician had diagnosed rotator cuff and biceps tendon tears, but OWCP had not evaluated whether they were caused by the…
O.E. and Department of Defense, Defense Logistics Agency, New Cumberland, PA
Shoulder occupational disease denial upheld
O.E., a Defense Logistics Agency packer, attributed a right shoulder rotator cuff tear to repeated lifting at work. The Board found that his medical reports did not provide a reasoned opinion connecting the condition to those duties. Some reports described a separate onset of shoulder pain during…
J.L. and Department of Agriculture, Forest Service, Heber Ranger District, Overgaard, AZ
Retirement overpayment decision reversed
J.L., a former Forest Service technician, received FECA wage loss compensation and Social Security benefits. OWCP treated $11,956.17 as an overpayment from concurrent retirement benefits attributable to federal service. The Board found that the record did not establish that the Social Security…
A.B. and Department of Homeland Security, U.S. Customs & Border Patrol, Santee, CA
Wage loss claim returned for review of medical evidence
A.B., a border patrol agent, claimed wage loss after an accepted workplace fall. OWCP denied compensation for the claimed period without addressing correspondence between its selected physician and A.B.’s treating physician about his ability to work. The Board held that OWCP had to consider the…
K.P. and U.S. Postal Service, Westmont Post Office, Westmont, IL
Patellar tendinitis claim denial upheld
K.P., a postal mail carrier, attributed left patellar tendinitis to his work duties, including extensive walking. The Board found that his medical evidence did not adequately explain how the accepted work factors caused the diagnosed knee condition. It affirmed OWCP’s September 23, 2019 denial of…
J.C. and U.S. Postal Service, Largo Post Office, Largo, FL
Retirement overpayment and recovery upheld
J.C., a postal worker, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld a $54,910.24 overpayment for June 2008 through June 2019. Although he was not at fault, it upheld OWCP’s denial of waiver…
K.J. and Department of Health & Human Services, Administration on Aging, Atlanta, GA
Life insurance premium overpayment reversed
K.J., a former federal program assistant, faced a $75,741.38 overpayment determination for life insurance premiums OWCP said it had failed to deduct. The Board found that the record did not clearly show whether basic life insurance premiums had been deducted or establish her optional coverage…
B.C. and U.S. Postal Service, Post Office, Jackson, MS
Back injury claim returned for causation review
B.C., a postmaster, reported a back injury after another vehicle struck her car while she was stopped at a red light for work. OWCP denied the claim for lack of a diagnosed injury. The Board found that her physician had diagnosed lumbar spondylosis with disc bulges and that OWCP still needed to…
S.M. and U.S. Postal Service, Birmingham Post Office Annex, Birmingham, AL
Late shoulder recurrence review denied
S.M., a former postal mail processing clerk, sought further treatment for shoulder conditions years after an accepted workplace injury. OWCP denied her recurrence claim and later rejected her request for reconsideration as late. The Board found that the request did not demonstrate clear evidence of…
E.L. and U.S. Postal Service, Processing & Distribution Center, San Francisco, CA
Retirement overpayment and recovery upheld
E.L., a postal clerk, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld a $10,044.07 overpayment for April 2018 through June 2019. Although she was without fault, it upheld the denial of waiver…
J.L. and Department of Veterans Affairs, Tennessee Valley Health Care System, Alvin C. York Campus, Murfreesboro, TN
Head injury claim denial upheld
J.L., a VA nurse, reported hitting her head when she became dizzy and fell at work. OWCP accepted the fall as a workplace incident. The Board found that the medical evidence did not establish a diagnosed head condition causally related to that incident. It affirmed OWCP’s August 21, 2019 denial of…
L.P. and U.S. Postal Service, Post Office, Kinderhook, NY
Elbow occupational disease denial upheld
L.P., a postal clerk, attributed left elbow lateral epicondylitis to repetitive mail handling and lifting. The Board found that her medical evidence did not adequately explain how the accepted work factors caused or aggravated the diagnosed condition. It affirmed OWCP’s December 9, 2019 denial of…
S.C. and U.S. Postal Service, Hillsdale Post Office, Tampa, FL
Undelivered overpayment notice required new process
S.C., a postal worker, faced a $111,791.15 overpayment determination based on concurrent FECA and Social Security retirement benefits. OWCP sent a preliminary notice but received it back as undeliverable before issuing its final decision. The Board held that S.C. had not received the chance to…
R.F. and U.S. Postal Service, Peoria Post Office Mobile Vehicle Repair Facility, Peoria, AZ
Retirement overpayment and recovery upheld
R.F., a postal worker, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld OWCP’s $36,697.55 overpayment finding for August 2016 through March 2019. Although he was without fault, the Board upheld…
M.E. and U.S. Postal Service, Post Office, Millbrae, CA
Shoulder claim reopened for merits review
M.E., a postal city carrier, sought compensation for a left shoulder condition attributed to work duties. OWCP denied the claim and twice declined to reopen it on reconsideration. The Board found that a physician’s supplemental report addressed the deficiencies OWCP had identified and supplied…
L.S. and Department of the Air Force, McGuire Air Force Base, NJ
Injury claim files ordered combined
L.S., an Air Force child development educational technician, sought to add several conditions to an accepted injury claim after lifting and carrying a child at work. The Board found that her current claim and an earlier accepted claim both involved injuries to her back or shoulder. It directed OWCP…
New River Electrical Corporation
Electrical deenergizing and grounding items affirmed
New River Electrical used multiple crews to replace underground distribution cable during a planned outage at a residential subdivision. After part of the system was reenergized, a crew moved cable at a transformer without proper testing, tagging, and grounding, which energized new cable being…
United States Marine Corps, Marine Corps Air Station Miramar and American Federation of Government Employees, Local 1881
Marine Corps Air Station Miramar and AFGE Local 1881 (FLRA 0-AR-5526): Authority vacates back-pay award
The Marine Corps suspended a lead police officer for three days after a traffic-stop incident in which junior officers yelled at and threatened two underage Marines while the grievant failed to correct them. An arbitrator found the misconduct undisputed and the suspension appropriate, but he…
Secretary of Labor v. American Rock Salt Company
Unopposed reopening granted
American Rock Salt asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Barrick Cortez, Inc.
Unopposed reopening granted
Barrick Cortez asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Ames Construction, Inc.
Prompt reopening request granted
Ames Construction asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. Ames said it never received the show-cause order and filed its reopening request six days after the answer deadline. The Secretary did not oppose reopening but asked the company to…
Secretary of Labor v. A-Positive Electric Co., Inc.
Returned response excused
A-Positive Electric asked the Commission to reopen a penalty proceeding after a show-cause order became a default order. The company said it responded to the show-cause order, but the response was returned because it was sent to an incorrect address. The Secretary did not oppose reopening but asked…
Secretary of Labor v. Arcelormittal Minorca Mine, Inc.
Unopposed reopening granted
Arcelormittal Minorca Mine asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the…
Secretary of Labor v. Bedrock Quarry, LLC
Unopposed reopening granted
Bedrock Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
K.F. and U.S. Postal Service, Processing & Distribution Center, Lehigh Valley, PA
Wrist injury claim denial upheld
K.F., a postal mail handler, reported a left wrist injury after lifting a tray of mail. OWCP accepted that the November 2, 2018 incident occurred. The Board found that the medical evidence did not adequately connect her diagnosed wrist condition to that incident. It affirmed OWCP’s June 27, 2019…
C.D. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Late occupational disease reconsideration denied
C.D., a former Navy supply clerk, attributed neck, shoulder, and arm pain to computer and typewriter work. Her occupational disease claim had been denied years earlier. The Board found that her later request for reconsideration was untimely and did not show clear evidence of error in the earlier…
PetSmart, Inc.
Hearing ordered on whether citation service was proper
OSHA cited a PetSmart store for an allegedly ineffective rodent-extermination program and proposed a $5,432 penalty. The citation was sent by certified mail to the inspected Florida store, where an unidentified person signed for it, even though PetSmart's safety manager had earlier asked OSHA to…
D.R.T.G. Builders, LLC
Late contest dismissed for lack of excusable neglect
OSHA issued D.R.T.G. Builders a two-item serious citation with a proposed $10,608 penalty after inspecting a Houston worksite. Certified mail was unclaimed, so OSHA sent the citation by UPS to the same supplied business address, where it was delivered to the front door. D.R.T.G. later learned of…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida and American Federation of Government Employees, Local 506, Council of Prison Locals
Federal Correctional Complex Coleman and AFGE Local 506 (FLRA 0-AR-5479): Authority sets aside schedule award
AFGE Local 506 challenged the Federal Bureau of Prisons' termination of a compressed work schedule for four nurses. The union filed its grievance on March 2, 2017, but the arbitrator found that the agency took no action until a March 10 memorandum and that the grievance responded to that later…
S.W. and Social Security Administration, New York Region, New York, NY
Elevator injury claim denial upheld
S.W., a Social Security Administration analyst, reported neck, shoulder, and back conditions after an elevator suddenly dropped several floors at work. The Board accepted the February 25, 2019 incident but found that her medical reports did not adequately explain how it caused or aggravated the…
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.