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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Brown v. Detroit Public Schools
Employee withdraws appeal of drinking-water retaliation award
Katrina Brown alleged that Detroit Public Schools retaliated against her for reporting unsafe conditions and inadequate drinking water. After a hearing, an ALJ ruled for Brown and awarded damages, litigation costs, and fees. Brown petitioned the Board for review but later moved to withdraw her…
Administrator, Wage and Hour Div. v. MESA Mail Service, LLC
Administrator, Wage and Hour Division v. Mesa Mail Service, LLC (DOL ARB 2017-0071): $213,965 back-wage award and debarment affirmed
Mesa Mail Service used truck drivers to move mail under Postal Service contracts. Instead of recording actual work time, the company generally paid the hours allotted in each postal contract and relied on drivers to request additional pay. The Board held that this honor system violated the Service…
M.T. and U.S. Postal Service, Post Office, Starkville, MS
Knee expansion request returned for evidence review
M.T., a rural mail carrier, sought to add bilateral knee conditions to an accepted injury claim after a work related vehicle accident. OWCP denied reconsideration while describing only appointment lists as the evidence submitted. The Board found that the record also contained several medical…
A.T. and Department of the Air Force, Tinker Air Force Base, OK
Respiratory occupational disease claim remanded
A.T., an Air Force inventory management specialist, attributed throat, sinus, and respiratory symptoms to possible mold exposure at work. OWCP denied the claim, but the Board found that a physician had diagnosed chronic allergic sinusitis in connection with the accepted work factors. It set aside…
T.B. and Department of Homeland Security, Transportation Security Administration, Aurora, CO
Additional leg schedule award denied
T.B., a transportation security officer, sought a schedule award above the six percent left leg impairment previously awarded for an accepted ankle and foot injury. The Board found that OWCP’s medical adviser had correctly applied the impairment guide and that the record did not support a larger…
M.W. and Department of State, Foreign Service, Washington, DC
Orthopedic mattress request denial upheld
M.W., a former State Department special agent with accepted injuries, requested a replacement orthopedic mattress. The Board found that the evidence did not establish medical necessity for the requested equipment, so OWCP had not abused its discretion by refusing authorization. It also found no…
R.T. and Department of Justice, U.S. Marshals Service, New York, NY
Back disability claim returned for medical development
R.T., a former deputy marshal, sought benefits for continuing back disability after OWCP ended compensation for an accepted injury. A physician’s later reports offered evidence of continuing disability linked to the original injury. The Board found those reports insufficient to establish…
Rieber Contracting, Inc.
Late contest dismissed because mail neglect was not excusable
Rieber Contracting, a commercial construction contractor, received a serious citation under 29 C.F.R. § 1926.416(a)(1) with a proposed $9,282 penalty. The citation was delivered by certified mail to the company's address, but its mail practice was to leave documents in a mixed household and…
Healy Tibbitts Builders, Inc.
Suspended-load standard preempted general duty citation
Healy Tibbitts performed marine construction for the Navy in Pearl Harbor using a crane mounted on one barge and employees working from an adjacent barge. A 12,000-pound suspended buoy separated from its capture plate, the backup sling broke, and the buoy traveled down the riser chain, killing two…
United States Department of Agriculture, Office of the General Counsel
USDA Office of the General Counsel (FLRA 0-PS-46): Authority sets review rule for continued agreements
The USDA Office of the General Counsel asked when an agency head may review an expiring collective-bargaining agreement that remains in force while the parties negotiate a replacement. The Authority held that the first day after the original expiration date begins a new agreement term when an…
United States Department of Education and United States Department of Agriculture
Departments of Education and Agriculture (FLRA 0-PS-44): Authority adopts substantial-impact bargaining test
The Departments of Education and Agriculture asked the Authority to clarify when a management-initiated change triggers a duty to bargain over its impact and implementation. The Authority concluded that the existing “more than de minimis” standard had become unpredictable and imposed bargaining…
United States Office of Personnel Management
Office of Personnel Management (FLRA 0-PS-38): Authority makes zipper clauses mandatory bargaining subjects
The Office of Personnel Management asked whether “zipper clauses” that limit bargaining during a collective-bargaining agreement are mandatory subjects of bargaining. The Authority held that the governing statute neither independently requires nor prohibits midterm bargaining and leaves those…
United States Department of Veterans Affairs and American Federation of Government Employees, National Veterans Affairs Council
Department of Veterans Affairs and AFGE National VA Council (FLRA 0-AR-5450): Authority upholds prospective per diem remedy
The Department of Veterans Affairs reduced the meal and incidental per diem rate for employees attending required extended training. An arbitrator found that the reduction violated the agreement and the agency's notice and bargaining duties, and he ordered the agency to restore the full government…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Two hoist safeguards vacated
MSHA issued two mine-specific safeguards concerning wear on a slope-hoist rope and supplies or debris beside the slope track at Consol's Bailey Mine. Judge John Kent Lewis found the first safeguard invalid because existing wire-rope standards already addressed the alleged hazard, and he also found…
Robert M. Plavi v. Helen Mining Company and Valley Camp Coal Company
Plavi v. Helen Mining (BRB 20-0052 BLA): black lung denial sent back for rebuttal review
Robert Plavi sought black lung benefits after eighteen years of underground coal mine work. A judge found him totally disabled by a breathing impairment and applied the fifteen-year presumption, but denied benefits after finding the employer had rebutted it. The Board held that the judge had…
George D. Hall v. Harlan Cumberland Coal Company, LLC and Old Republic Insurance Company
Hall v. Harlan Cumberland Coal (BRB 19-0526 BLA): incomplete lung evaluation requires remand
George Hall appealed a black lung benefits denial without a lawyer. The Board upheld the judge's finding that Hall had fewer than fifteen years of qualifying coal mine work, so he could not use the fifteen-year presumption. The parties agreed that he had a totally disabling respiratory impairment…
Rober M. Parihuaman Carrasco v. Triple Canopy, Incorporated and Continental Insurance Company
Carrasco v. Triple Canopy (BRB 19-0485 and 19-0485A): sleep-related medical award remanded
Rober Carrasco worked as a security guard in Baghdad and later claimed psychological harm and sleep problems from his working conditions. A judge found his disability compensation claim too late but awarded medical benefits for a work-related sleep disorder. Carrasco appealed the filing deadline…
Rober M. Parihuaman Carrasco v. Triple Canopy, Incorporated and Continental Insurance Company
Carrasco v. Triple Canopy (BRB 19-0485 and 19-0485A): sleep-related medical award remanded
Rober Carrasco worked as a security guard in Baghdad and later claimed psychological harm and sleep problems from his working conditions. A judge found his disability compensation claim too late but awarded medical benefits for a work-related sleep disorder. Carrasco appealed the filing deadline…
Ronnie v. Office Depot, Inc.
Sales-data discrepancy not protected under Sarbanes-Oxley
Office Depot financial analyst Christian Ronnie reported a discrepancy between two sets of internal sales data. The company asked him to identify the cause, but he repeatedly recommended ignoring one data set and could not explain the discrepancy. After a final warning, Office Depot terminated him…
D.W. and U.S. Postal Service, Post Office, Boston, MA
Arthritis claim returned for clarification of medical opinion
D.W., a retired letter carrier, attributed arthritis in his hips and left knee to years of postal duties. OWCP obtained a second opinion, but the physician’s conclusions about work causation were internally inconsistent. The Board set aside OWCP’s January 9, 2020 denial and directed OWCP to seek…
J.M. and U.S. Postal Service, Staten Island Post Office, Staten Island, NY
Registry cage lifting injury claim denial upheld
J.M., a postal clerk, reported neck, shoulder, and arm symptoms after lifting a metal registry cage window at work. Although OWCP accepted the lifting incident, the Board found that the medical reports did not adequately explain how it caused the diagnosed conditions. It affirmed OWCP’s May 15…
O.O., Jr. and U.S. Postal Service, Post Office, Hickory, NC
Terminated benefit claim returned for full evidence review
O.O., Jr., a postal worker, challenged OWCP’s termination of wage loss and medical benefits for accepted shoulder and finger conditions. He submitted medical reports with his reconsideration request, but OWCP did not address them in its decision. The Board set aside the July 2, 2019 decision and…
C.T. and Department of Homeland Security, Customs & Border Protection, Los Angeles, CA
Training injury claim denial upheld
C.T., a Customs and Border Protection officer, reported shoulder, neck, jaw, tongue, and back injuries after he was thrown onto a mat during edged weapon defense training. The Board accepted that the training incident occurred but found the medical evidence insufficient to connect a diagnosed…
I.A. and U.S. Postal Service, Processing & Distribution Center/Facility, Carol Stream, IL
Reconsideration request was timely
I.A., a postal mail processing clerk, asked OWCP to reconsider its denial of an occupational disease claim. OWCP treated her March 29, 2019 request as late. The Board held that the one year filing period ran from OWCP’s June 11, 2018 merits decision, making the request timely. It set aside the July…
W.R. and Department of Veterans Affairs, North Florida/South Georgia Veterans Health System, Gainesville, FL
Related injury files must be combined
W.R., a VA nurse, claimed that work duties and earlier left shoulder injuries caused complex regional pain syndrome in her left arm. The Board found that OWCP needed the records of her related injury claims for a fair decision. It set aside the contested OWCP decisions and directed OWCP to combine…
J.R. and U.S. Postal Service, Akeley Post Office, Akeley, MN
Carpal tunnel disease claim denial upheld
J.R., a rural mail carrier, attributed right carpal tunnel syndrome to repetitive mail sorting and delivery. The Board found that the medical reports did not adequately explain how the accepted work duties caused or aggravated the condition. It affirmed OWCP’s February 26, 2019 denial of the…
Kenneth H. Neal v. Ports America Outer Harbor Terminal and SSA Terminals, LLC
Neal v. Ports America (BRB 20-0277): denial of claim modification affirmed
Kenneth Neal injured a finger while working as a longshoreman for Ports America. An earlier decision found that the physical injury resolved in June 2013 and denied additional compensation and medical benefits. Neal sought to change that decision, arguing that medical and vocational evidence showed…
John Evanchesky v. Consol Pennsylvania Coal Company and Consol Energy, Incorporated
Evanchesky v. Consol Pennsylvania Coal (BRB 19-0540 BLA): black lung award affirmed
John Evanchesky sought black lung benefits after thirty-two years of underground coal mine work. A judge found him totally disabled by a respiratory impairment and applied the fifteen-year presumption that it was due to pneumoconiosis. Consol challenged the finding that it had failed to rebut the…
Regina K. Buckley v. Shrewsbury Coal Company and Valley Camp Coal Company
Buckley v. Shrewsbury Coal (BRB 19-0532 BLA): survivor benefits denial affirmed
Regina Buckley sought survivor benefits after her husband, a coal miner, died. Earlier Board rulings established that she could invoke the fifteen-year presumption that his death was due to pneumoconiosis, but sent the case back for a new rebuttal assessment. On the third remand, the judge found…
Merle H. Payne v. Terry Eagle Limited Partnership and Amvest Corporation
Payne v. Terry Eagle (BRB 19-0507 BLA): black lung award on modification affirmed
Merle Payne sought to change an earlier denial of his black lung claim. On modification, a judge found that his respiratory impairment was totally disabling and that this corrected an earlier factual finding. With nineteen years of underground mine work, Payne invoked the fifteen-year presumption…
Billy R. Salyer v. Concept Mining, Incorporated and New Hampshire Insurance/AIG
Salyer v. Concept Mining (BRB 19-0454 BLA): black lung benefits award affirmed
Billy Salyer sought black lung benefits after more than forty-one years of qualifying coal mine work. The parties agreed that he had a totally disabling respiratory impairment, so the judge applied the fifteen-year presumption that it was due to pneumoconiosis. Concept Mining challenged the judge's…
Kenneth Parsley v. Excel Mining, LLC
Parsley v. Excel Mining (BRB 19-0392 BLA): dependent-child benefit increase affirmed
Excel Mining accepted Kenneth Parsley's entitlement to black lung benefits but disputed an increase for his adult daughter as a dependent. The employer argued that Parsley raised the issue too late and that the judge should have ordered an independent examination instead of relying on a Social…
Elbert Sizemore, Jr. v. Christine Trucking and Kentucky Employers Mutual Insurance
Sizemore v. Christine Trucking (BRB 19-0370 BLA): disability evidence remanded
Elbert Sizemore, representing himself, appealed a denial of black lung benefits in a subsequent claim. The judge accepted twenty-four years of surface coal mine work but found that new evidence did not establish a totally disabling respiratory impairment. The Board held that the judge had failed to…
Kreb v. Jackson Jet Center
Pilot's flight-risk concerns not protected under AIR21
Medical transport pilot Robert Kreb raised fatigue, duty-time, unfamiliar-airport, and nighttime terrain concerns about a repositioning assignment. The flight was canceled before departure, and Jackson Jet Center terminated him the next afternoon. The ALJ found that the reported risks were not…
T.C. and Department of Justice, Federal Bureau of Investigation, Richmond, VA
Ankle schedule award claim returned for evidence review
T.C., an FBI special agent with an accepted right ankle sprain, sought a schedule award for permanent impairment. OWCP denied the award after relying on an opinion assigning zero percent impairment, but it failed to address a physician’s report supporting a seven percent rating. The Board set aside…
S.L. and Department of Homeland Security, Federal Air Marshal Service, Chantilly, VA
Air marshal cervical spine claim denial upheld
S.L., a federal air marshal, attributed cervical spine conditions to physical training and other job duties. The Board found that the medical opinions did not adequately explain how the accepted work factors caused or aggravated the diagnosed conditions. It affirmed OWCP’s January 9, 2020…
H.W. and Department of Defense, Defense Logistics Agency, Tracy Depot, Tracy, CA
Valley Fever occupational disease denial upheld
H.W., a Defense Logistics Agency worker, attributed Valley Fever to dust and soil from construction near his workplace. The Board found that the medical reports did not establish that his federal duties caused or aggravated the condition. It affirmed OWCP’s November 13, 2019 denial of the…
J.G. and Department of Justice, Federal Bureau of Prisons, United States Penitentiary McCreary, Pine Knot, KY
Correctional officer knee claim denial upheld
J.G., a correctional officer, reported a right knee injury while carrying food trays up stairs at work. The Board found that the medical evidence did not adequately explain how the accepted incident caused or aggravated a diagnosed knee condition. It affirmed OWCP’s August 19, 2019 denial of the…
M.S. and Department of the Air Force, Robins Air Force Base, GA
Social Security offset recalculation ordered
M.S., a former Air Force office assistant, received both FECA wage loss compensation and Social Security retirement benefits attributable to federal service. The Board agreed that this created an overpayment, but found that OWCP used incorrect Social Security amounts for two periods. It affirmed…
Toyota Motor North America, Inc.
In re Toyota Motor North America, Inc. (EAB TSCA Appeal No. 20-04C): $273,888 penalty imposed for unlisted chemical use
Toyota Motor North America, Inc. used a chemical pigment for commercial purposes on nine days even though it had reason to know the chemical was not on the confidential TSCA Inventory and was not subject to an exemption. The use violated TSCA section 15(2), which prohibits commercial use of a…
Secretary of Labor v. Nugent Sand Company
Mine operator liable for utility equipment
Nugent Sand operated a Kentucky sand and gravel plant where one lightning arrestor protecting mine powerlines was inoperable. The arrestor and related high-voltage equipment belonged to Owen Electric Cooperative, which did not allow Nugent Sand to inspect or repair them. Judge Thomas McCarthy held…
Matter of J-G-T-
Expert testimony must be evaluated for relevance, reliability, and weight
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of asylum to a Mexican respondent who feared persecution connected to his activities in Iran. The Board held that an Immigration Judge assessing expert testimony should consider whether it is relevant…
J.G. and U.S. Postal Service, East Hampton Post Office, East Hampton, NY
Carrier hip injury claim denial upheld
J.G., a postal carrier, reported left groin and hamstring pain after placing a bucket of mail on the ground. The Board found that the medical evidence did not establish a left hip condition caused by the accepted May 21, 2018 incident. It affirmed OWCP’s October 22, 2019 injury claim denial.
M.F. and Department of the Air Force, 88th Civil Engineer Squadron, Wright-Patterson AFB, OH
Plumber back injury claim denial upheld
M.F., an Air Force plumber, reported back pain after turning a water key during work. The Board found that the medical reports did not adequately explain how the accepted September 11, 2018 incident caused or aggravated his lumbar condition. It affirmed OWCP’s January 2, 2020 injury claim denial.
C.S. and U.S. Postal Service, Lake Post Office, Lake, MI
Shoulder recurrence reconsideration refusal upheld
C.S., a rural carrier with an accepted shoulder strain, sought review of OWCP’s denial of a later claimed disability recurrence. The Board found that her reconsideration request offered no new relevant evidence or qualifying legal argument. It affirmed OWCP’s October 3, 2019 refusal to reopen the…
C.S. and U.S. Postal Service, Post Office, Reisterstown, MD
Carrier knee injury claim denial upheld
C.S., a postal city carrier, reported that her right knee locked while she was delivering mail. The Board accepted the January 23, 2019 workplace incident but found that the medical evidence did not establish a resulting knee injury. It affirmed OWCP’s July 9, 2019 denial of the claim.
A.F. and Department of Veterans Affairs, Captain James F. Lovell Federal Health Care Center, North Chicago, IL
Physician back condition claim denial upheld
A.F., a VA physician, attributed low back and leg pain to prolonged sitting at his work desk. The Board found that his medical evidence did not adequately connect the diagnosed back condition to the accepted work factors. It affirmed OWCP’s November 22, 2019 occupational disease claim denial.
Arch-Tech Construction
Default dismissal remanded for reconsideration during the pandemic
OSHA issued Arch-Tech Construction a two-item serious citation with proposed penalties totaling $7,956. An administrative law judge declared the company in default after it repeatedly missed telephone conferences, failed to answer the complaint, and did not respond to a show-cause order. In its…
V.S. and Department of the Air Force, Joint Base Charleston, Charleston, SC
Social Security offset overpayment upheld
V.S., an Air Force medical support assistant, received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board affirmed OWCP’s finding of a $26,210.07 overpayment for December 2015 through August 2018. It also upheld denial of…
T.W., Administratrix of the Estate of L.W., and Department of the Navy, Base Motor Transport, Camp Lejeune, NC
Life insurance premium overpayment reversed
OWCP claimed that L.W.’s estate owed $29,130.86 because life insurance premiums had not been deducted from his FECA compensation. The Board found that the record lacked a signed election showing that he had chosen the disputed coverage. It therefore held that OWCP had not established an overpayment…
V.T. and U.S. Postal Service, Manager Pacific Facilities, San Francisco, CA
Ankle injury claim denial upheld
V.T., a postal facilities engineer, claimed a left ankle condition after walking around a flower bed at work. The Board found that the medical evidence did not adequately link the ankle condition to the accepted September 18, 2018 incident. It affirmed OWCP’s February 13, 2019 claim denial.
L.B. and Department of Veterans Affairs, West Los Angeles VA Medical Center, Los Angeles, CA
Late reconsideration refusal upheld
L.B., a VA administrative officer with an accepted injury from a workplace fall, asked OWCP to reconsider its denial of wage loss compensation. Her request arrived more than one year after the last merits decision. The Board found that the new material did not show clear evidence of error, so it…
Dover High Performance Plastics, Inc.
Machine-guarding citation narrowed to lathes and reduced to serious
Dover fabricated plastic parts on five computer-controlled lathes and two mills with their access doors open or removed. OSHA cited the company willfully under 29 C.F.R. § 1910.212(a)(1) and proposed a total $49,000 penalty for inadequate machine guarding. The Commission found exposure established…
Secretary of Labor v. Nevada Gold Mines, LLC
Reopening motions withdrawn
Nevada Gold Mines had filed motions asking the Commission to reopen two final penalty assessments. The company later told the Commission that it no longer wished to pursue those requests. The Commission granted both withdrawal motions and dismissed the consolidated matter. The short release does…
Matter of A-C-A-A-
The Board must meaningfully review every asylum element
The Attorney General reviewed the Board's brief affirmance of an Immigration Judge's grant of asylum to a Salvadoran respondent who reported past abuse by her parents and feared future harm. The Attorney General held that the Board must review de novo whether the facts satisfy every statutory…
Simpson v. Equity Transportation Co., Inc.
$6,612.90 in attorney's fees awarded
James Simpson prevailed on his claim that Equity Transportation fired him for refusing to drive a vehicle with defective brakes. After the Board affirmed the ALJ's liability decision, Simpson's attorney requested fees and costs. The Board found the documented hours reasonable and the requested…
Perez v. BNSF Railway Co.
Rail investigation ruling and damages vacated for reconsideration
BNSF machinist Johnny Perez reported a leg injury in 2010 and later attributed a back condition to the same incident when seeking leave for surgery in 2012. BNSF investigated whether he reported the back injury late and was dishonest about a conversation with a claims manager, but ultimately…
J.O. and Department of Commerce, Census Bureau, Philadelphia, PA
Forfeiture reconsideration reopened for new evidence
J.O., a Census Bureau regional technician, asked OWCP to reconsider a forfeiture ruling concerning outside employment. The Board found that he submitted new evidence relevant to the underlying forfeiture issue that OWCP had not previously considered. It set aside OWCP’s March 8, 2019 refusal to…
J.C. and Department of the Army, U.S. Army Corps of Engineers, Middle East District, Afghanistan
FECA benefit forfeiture upheld after guilty plea
J.C., an Army Corps employee who received FECA benefits for accepted psychological conditions, pleaded guilty to theft of government property involving unreported employment. The Board held that the conviction triggered FECA’s fraud forfeiture provision. It affirmed OWCP’s termination of…
M.M. and Department of the Navy, Naval Expeditionary Medical Support Command, Williamsburg, VA
Late reconsideration ruling returned for fuller explanation
M.M., a Navy inventory specialist with an accepted ankle injury, requested reconsideration of a benefits issue. The Board agreed that his request was filed late, but found that OWCP addressed only one of several submitted medical reports when deciding whether he had shown clear evidence of error…
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.