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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Jordan v. DynCorp International, LLC
Sanctions and attorney fees affirmed
Jack Jordan brought a Sarbanes-Oxley retaliation complaint based on attorneys seeking a protective order and administrative law judges declining to release two emails in other litigation. The ALJ dismissed the complaint, concluded that Jordan's litigation-related claims against the attorneys and…
Jordan v. DynCorp International, LLC
SOX complaint dismissed for inadequate allegations
Jack Jordan alleged that DynCorp International and several individuals retaliated against him in violation of Sarbanes-Oxley. The ALJ dismissed the complaint because Jordan did not provide definite information identifying the required elements of a claim. The Board explained that a whistleblower…
S.T. and Department of Commerce, National Oceanic & Atmospheric Administration, Silver Spring, MD
Work travel collision claim returned for factual development
S.T., a NOAA physical scientist, reported injuries from a taxi collision while returning home after travel to a work conference. OWCP denied the claim because the medical evidence did not establish a diagnosis linked to the collision, although the record lacked information its procedures require…
J.H. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex Victorville, Adelanto, CA
Abandoned hearing finding upheld
J.H., a federal correctional officer, challenged OWCP’s determination that he had abandoned an oral hearing request concerning an injury claim. The Board found that OWCP had properly treated the hearing request as abandoned. It affirmed the May 22, 2019 nonmerit decision without reviewing the…
Budri v. FirstFleet Inc.
Review denied in sixth STAA complaint
Adriano Budri filed a sixth Surface Transportation Assistance Act complaint against FirstFleet after several earlier complaints concerning his termination and employment-reporting information. The ALJ denied the latest complaint because it raised no issue that had not already been fully considered…
R.L. and U.S. Postal Service, Miami Processing & Distribution Center, Miami, FL
Retirement offset overpayment amount recalculation ordered
R.L., a postal worker, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service. The Board agreed that concurrent benefits created an overpayment but found OWCP’s $55,387.85 calculation included a period before wage loss payments began. It…
K.W. and U.S. Postal Service, Cleveland Processing & Distribution Center, Cleveland, OH
Truck driver back claim returned for specialist review
K.W., a postal truck driver, reported back pain while moving trailers in a switcher truck. A physician’s later report offered a reasoned link between the accepted incident and lumbar and thoracic conditions. The Board found that the report warranted further medical development. It set aside OWCP’s…
S.C. and U.S. Postal Service, Post Office, Lynbrook, NY
Late knee claim reconsideration refusal upheld
S.C., a postal city carrier, sought reconsideration of OWCP’s denial of a knee injury claim. Her request was filed after the one year period, and the Board found that the submitted material did not show clear evidence of error. It affirmed OWCP’s December 17, 2018 refusal to reopen the claim…
H.D. and Department of Veterans Affairs, Carl Vinson Veterans Administration Medical Center, Dublin, GA
Reconsideration request timely after misaddressed notice
H.D., a former VA nurse with accepted respiratory conditions, sought reconsideration of a claim expansion and schedule award denial. OWCP had mailed its earlier decision to her old address despite having her new one. The Board held that her request was timely, set aside OWCP’s January 17, 2019 late…
M.M. and U.S. Postal Service, Curseen-Morris Processing & Distribution Center, Washington, DC
Abandoned oral hearing finding upheld
M.M., a postal mail handler, challenged OWCP’s finding that an oral hearing request concerning a shoulder injury claim had been abandoned. The Board upheld the abandonment finding and affirmed OWCP’s December 3, 2018 nonmerit decision. It did not review the underlying injury claim.
Administrator, Wage and Hour Div. v. Ten West Cattle, Inc.
Interlocutory review denied
The Wage and Hour Division charged Ten West Cattle with seven H-2A program violations involving workers who held J-1 exchange visas. Before a merits hearing, the ALJ ruled that a J-1 visa holder could qualify as a worker in corresponding employment under H-2A regulations, while leaving the…
Magers v. Seneca Re-Ad Industries, Inc.
Minimum-wage damages order adopted
Seneca Re-Ad Industries employed three workers with disabilities under a federal certificate authorizing special wage rates and paid them as little as $2.00 per hour. An earlier Board decision held that the workers were not impaired for the jobs they performed, so Seneca Re-Ad could not pay them…
D.D. and U.S. Postal Service, Post Office, Greensboro, NC
Carrier back injury claim denial upheld
D.D., a postal city carrier, reported twisting her back after stepping in a grass covered hole during a delivery. The Board found that the medical evidence did not establish a diagnosed lumbar condition causally related to the accepted July 27, 2019 incident. It affirmed OWCP’s January 22, 2020…
K.K. and U.S. Postal Service, Post Office, Everett, WA
Related neck and back claim files must be combined
K.K., a postal distribution clerk, filed a recurrence notice after she stopped work in February 2018. OWCP developed it as a new occupational disease claim and denied that claim for lack of medical causation. The Board found that a related accepted injury file was missing from the record and that…
R.S. and Department of Homeland Security, Transportation Security Administration, Miami International Airport, Miami, FL
Compensation suspension for missing disclosure upheld
R.S., a former transportation security screener, received benefits for accepted foot conditions. OWCP asked him to complete a CA-1032 form disclosing work and benefit information, but he did not return it within 30 days. The Board upheld suspension of wage loss compensation effective February 2…
A.F. and U.S. Postal Service, Processing & Distribution Center, St. Louis, MO
Emotional condition claim denial upheld
A.F., a postal clerk, attributed chest pain and other symptoms to alleged harassment by a supervisor at work. The Board found that she had not established a compensable employment factor supporting an emotional condition claim. It affirmed OWCP’s November 25, 2019 denial.
R.L. and Department of the Army, Medical Department Activity-Alaska, Fort Wainwright, AK
Retirement offset overpayment and abandoned hearing upheld
R.L., a former Army computer programmer analyst, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without an offset. The Board upheld OWCP’s $15,243.90 overpayment finding, denial of a waiver, and recovery through $425 deductions every 28…
Charles Lindy Belcher, Jr. v. Robin Resources, Incorporated
Belcher v. Robin Resources (BRB 19-0471): black lung benefits award affirmed
Charles Belcher sought black lung benefits after more than twenty-three years of underground coal mine employment. The judge found that a respiratory impairment prevented him from doing his usual heavy work as a shuttle car operator and awarded benefits under the statutory presumption. The employer…
S.W. and U.S. Postal Service, Post Office, Shreveport, LA
Postal clerk shoulder disease claim denial upheld
S.W., a postal mail processing clerk, attributed left shoulder conditions to her federal work duties. The Board found that the medical evidence did not adequately establish a causal relationship between accepted work factors and the diagnosed conditions. It affirmed OWCP’s November 22, 2019…
R.R. and U.S. Postal Service, Warwick Post Office, Warwick, RI
Tray injury denial and late hearing refusal upheld
R.R., a postal letter carrier, reported neck, back, and arm symptoms when a mail tray fell at work. The Board found insufficient medical evidence of a diagnosed condition caused by the accepted August 16, 2019 incident. It also upheld OWCP’s refusal of a late oral hearing request. The Board…
S.B. and U.S. Postal Service, Hastings Post Office, Hastings, MN
Carpal tunnel injury claim denial upheld
S.B., a postal city carrier, attributed left carpal tunnel syndrome to repetitive work performed on December 1, 2018. The Board found that the medical evidence did not adequately connect the condition to the accepted incident. It affirmed OWCP’s July 19, 2019 injury claim denial.
N.D. and Department of Transportation, Federal Aviation Administration, St. Petersburg, FL
Therapy authorization denial returned for explanation
N.D., a former FAA air traffic controller with accepted spine conditions, requested BioWave, aquatic, and massage therapy. OWCP denied further authorization in a letter that did not address the treating physician’s report or explain why its medical adviser’s view prevailed. The Board treated the…
M.D. and Social Security Administration, New York, NY
Back claim reconsideration refusal upheld
M.D., a Social Security Administration legal assistant, sought reconsideration of a denied back injury claim. The Board found that her request repeated medical reports and arguments OWCP had already considered and offered no relevant new evidence or legal point. It affirmed OWCP’s September 24…
O.B. and U.S. Postal Service, Network Distribution Center, Dallas, TX
Social Security offset overpayment upheld
O.B., a postal worker, received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board upheld OWCP’s $69,656.44 overpayment finding for September 2014 through May 2019. It also affirmed denial of a waiver and recovery through…
I.K. and U.S. Postal Service, Post Office, Forest Park, IL
Late reconsideration request returned for evidence review
I.K., a postal sorting machine operator, sought reconsideration of an emotional condition claim. The Board agreed that his request was late, but found that OWCP had failed to address a medical report received before its decision. It affirmed the timeliness finding, set aside OWCP’s April 11, 2019…
H.B. and U.S. Postal Service, Post Office, St. Louis, MO
Leg impairment rating returned for impartial examination
H.B., a postal custodian with an accepted foot injury, sought a larger leg impairment schedule award. The Board found an unresolved conflict among the medical opinions used to rate permanent impairment. It set aside OWCP’s March 11, 2019 decision and remanded for an impartial specialist…
J.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Vancouver, WA
Nursing assistant shoulder claim reopened
J.C., a VA nursing assistant, sought reconsideration of a denied shoulder injury claim after repositioning a patient. A later treating physician’s report gave a new, more detailed opinion linking the shoulder condition to the work incident. The Board held that this was relevant new evidence, set…
United States Department of Veterans Affairs, VA Greater Los Angeles Healthcare System, Los Angeles, California and American Federation of Government Employees, Local 1061
VA Greater Los Angeles and AFGE Local 1061 (FLRA 0-AR-5544): Authority upholds reversal of nurse's suspension
A VA nurse called in sick after a doctor directed her not to work on dates for which she had previously requested annual leave. The agency marked her absent without leave and imposed a one-day suspension for leave abuse. An arbitrator found no just cause and ordered the agency to remove the…
Joyce Faye Sluss (on behalf of and Widow of Lynn R. Sluss) v. Matt Mining Company, Incorporated
Sluss v. Matt Mining (BRB 19-0499 and 19-0530): miner and survivor awards affirmed
Joyce Sluss pursued her late husband's black lung claim and her own survivor claim. The judge found that Lynn Sluss had more than fifteen years of dusty surface coal mine work and a disabling respiratory condition, then awarded benefits under the statutory presumption. The Board upheld the work…
Donald R. Thornton v. Energy Plus, Incorporated
Thornton v. Energy Plus (BRB 19-0503): disability finding returned for review
Donald Thornton sought black lung benefits after more than fifteen years of qualifying coal mine employment. The judge found that he had pneumoconiosis but denied benefits because she found no totally disabling respiratory condition. On the Director's appeal, the Board found that the judge had not…
Joyce Faye Sluss (on behalf of and Widow of Lynn R. Sluss) v. Matt Mining Company, Incorporated
Sluss v. Matt Mining (BRB 19-0499 and 19-0530): miner and survivor awards affirmed
Joyce Sluss pursued her late husband's black lung claim and her own survivor claim. The judge found that Lynn Sluss had more than fifteen years of dusty surface coal mine work and a disabling respiratory condition, then awarded benefits under the statutory presumption. The Board upheld the work…
Ina Ratliff (Widow of Billy Ratliff) v. Shamrock Processing Company, Incorporated
Ratliff v. Shamrock Processing (BRB 19-0443): survivor benefits affirmed
Ina Ratliff sought survivor benefits after her husband Billy, a coal miner, died. The judge found that autopsy evidence established complicated pneumoconiosis and awarded benefits under the irrebuttable presumption that the disease caused his death. The employer challenged how the judge weighed…
David Short v. White Flame Energy, Incorporated
Short v. White Flame Energy (BRB 19-0410): black lung benefits denial affirmed
David Short sought black lung benefits after more than twenty-three years of surface coal mine employment. The judge found that the evidence did not establish complicated pneumoconiosis or a totally disabling respiratory condition and denied benefits. The Board upheld the decision to discount the…
Sylvia A. Bragg (Widow of Danford E. Bragg) v. Island Creek Coal Company
Bragg v. Island Creek Coal (BRB 19-0409): survivor benefits affirmed
Sylvia Bragg sought survivor benefits after her husband Danford, a coal miner, died. The judge found that he had twenty years of qualifying mine employment and was totally disabled by a respiratory condition at death, then awarded benefits under the presumption that pneumoconiosis caused his death…
Keith H. Stamper v. Washington United Terminals, Incorporated
Stamper v. Washington United Terminals (BRB 19-0364): original carrier remains liable
Keith Stamper injured his neck in an April 2016 work vehicle accident at a marine terminal. He returned to work briefly in January 2017, when a different carrier insured the employer. The carriers disputed whether that return to work caused a lasting aggravation that shifted responsibility for his…
D.O. and Department of the Navy, Naval Munitions Command Atlantic, Unit Charleston, Goose Creek, SC
Hearing loss claim returned for employment records
D.O., a Navy mechanic work leader, attributed hearing loss to long term workplace noise exposure. The Board found that OWCP lacked relevant hearing conservation records from his employer, which its medical adviser needed to assess causation. It set aside OWCP’s September 3, 2019 denial and remanded…
M.T. and Department of Transportation, Federal Aviation Administration William J. Hughes Technical Center, Atlantic City, NJ
Leg schedule award overpayment reversed
M.T., an FAA construction representative, received a later right leg schedule award based on a different accepted condition from an earlier right leg award. OWCP declared the later $86,254 payment an overpayment by comparing the two percentages without determining whether the ratings covered the…
F.H. and Department of the Navy, Naval Shipyard, Portsmouth, VA
Claim expansion request returned for evidence review
F.H., a Navy shipyard electrician with an accepted thigh injury, sought to add further conditions to his claim. OWCP’s decision did not address a medical report received before it ruled. The Board set aside OWCP’s August 2, 2019 decision and remanded for review of that report and a new claim…
R.E. and U.S. Postal Service, Post Office, Roanoke, VA
Carrier ankle incident accepted for medical review
R.E., a postal carrier assistant, reported rolling his right ankle on an unstable stone while delivering mail. The Board found that the work incident occurred as he described, contrary to OWCP’s fact of injury finding. It set aside OWCP’s June 5, 2019 denial and remanded for evaluation of whether…
M.A. and U.S. Postal Service, Post Office, Pahrump, NV
Shoulder impairment claim returned for new examination
M.A., a postal clerk with an accepted left rotator cuff tear, sought a schedule award above the seven percent arm impairment previously awarded. The Board found that the medical rating record was incomplete and needed another second opinion examination and district medical adviser review. It set…
M.H. and Department of the Air Force, Joint Base Lackland, San Antonio, TX
Retirement offset overpayment upheld
M.H., an Air Force security guard, received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board upheld OWCP’s $2,010.09 overpayment finding for August 2015 through March 2019. It also affirmed denial of a waiver and…
P.C. and U.S. Postal Service, Post Office, Texarkana, TX
Foot and ankle claims returned for proper impartial opinion
P.C., a postal mail handler with accepted foot and ankle conditions, sought claim expansion and benefits for renewed disability. OWCP’s impartial examiner disregarded conditions already accepted as work related, contradicting the agency’s statement of accepted facts. The Board found that his…
American Federation of Government Employees, Local 3854 and United States Department of the Air Force, March Air Reserve Base, California
AFGE Local 3854 and March Air Reserve Base (FLRA 0-AR-5542): Authority remands environmental-pay claim
Aircraft fuel-system mechanics at March Air Reserve Base repaired fuel tanks and systems in confined spaces. The agency approved environmental differential pay beginning in 2018, but an arbitrator denied back pay for earlier work even after finding that the prior denial was an unjustified personnel…
United States Department of Veterans Affairs, John J. Pershing Veterans Administration Medical Center and American Federation of Government Employees, Local 2338
John J. Pershing VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5541): Authority vacates late arbitration award
AFGE Local 2338 filed a grievance alleging that the VA medical center failed to provide job-posting referral lists and certificates. The agency granted the grievance in March 2017, but the union did not invoke arbitration over alleged noncompliance until October 2018. An arbitrator found that the…
A.K. and Department of Justice, Bureau of Prisons, Otisville, NY
Late reconsideration denial upheld
A.K., a federal corrections officer, sought reconsideration concerning wage loss benefits after electing retirement benefits. The Board held that his request came more than a year after OWCP’s February 19, 2016 merit decision. His submission also failed to show clear evidence of error because he…
J.B. and U.S. Postal Service, Post Office, Chelsea, MA
Refusal to reopen knee claim upheld
J.B., a postal letter carrier, sought reconsideration of a denied occupational left knee claim. The Board found that his attorney’s arguments did not raise a new legal issue and that a new physician letter was substantially similar to earlier speculative reports. It affirmed OWCP’s May 7, 2019…
K.D. and U.S. Postal Service, Lake Geneva Post Office, Lake Geneva, WI
Emotional condition claim denial upheld
K.D., a postal sales distribution clerk, attributed an emotional condition to disciplinary actions and alleged discrimination by his postmaster. The Board found that he had not supplied evidence corroborating error or abuse in the administrative actions or his discrimination allegations. It…
R.C. and Equal Employment Opportunity Commission, Office of Human Resources, Washington, DC
Arm impairment rating returned for range of motion measurements
R.C., an EEOC systems analyst with an accepted right carpal tunnel condition, sought a schedule award for upper extremity impairment. The Board found that the medical evidence did not show three independent range of motion measurements required by OWCP’s rating procedures. It set aside OWCP’s…
M.W. and Department of the Air Force, Special Operations Command, Hurlburt Field, FL
Hearing award returned for tinnitus assessment
M.W., an Air Force boiler plant mechanic, sought a larger schedule award after receiving compensation for eight percent hearing loss in his right ear. The Board accepted the hearing loss calculation but found that OWCP had not gathered evidence needed to assess his accepted bilateral tinnitus. It…
R.D. and U.S. Postal Service, Charlotte Motor Vehicle Service Facility, Charlotte, NC
Emotional condition claim denial upheld
R.D., a postal tractor trailer operator, attributed stress, depression, and worsened post-traumatic stress disorder to management actions. The Board found that his evidence did not establish a compensable employment factor. Settlement documents did not show management error in disciplinary matters…
Terrebonne Parish Juvenile Justice Center Complex
Mechanical-insulator wage rate affirmed
Insulation Sales & Service asked to add mechanical insulators to the wage determination for a federally assisted juvenile justice construction project at $12.58 per hour with no fringe benefits. The Wage and Hour Administrator classified the work as skilled and instead approved $22.96 per hour plus…
E.C. and Department of Homeland Security, Customs & Border Patrol, Eagle Pass, TX
Late hearing loss reconsideration denial upheld
E.C., a Customs and Border Patrol employee, sought reconsideration of a hearing loss claim denial more than a year after the merit decision. The Board found that the request was untimely and that his new audiology evidence did not clearly explain a work-related cause or show clear error in the…
L.H. and U.S. Postal Service, Post Office, Washington, DC
Overpayment finding upheld but amount recalculation ordered
L.H., a postal letter carrier, continued to receive total disability payments after returning to work in January 2019. The Board upheld OWCP’s finding that an overpayment occurred. It found that OWCP had treated her first day back, when she worked only three and a half hours, as a full workday in…
J.C. and U.S. Postal Service, Post Office, Deptford, NJ
Hip condition claim returned for complete medical review
J.C. claimed that postal work aggravated a preexisting right hip condition. OWCP referred the conflicting medical opinions to an impartial examiner, but did not give him the full prior medical record and diagnostic studies. The Board held that OWCP had to obtain a supplemental opinion based on the…
I.B. and U.S. Postal Service, Post Office, Highland Park, IL
Injury claim denial upheld for insufficient medical evidence
I.B. sought compensation for a condition following an accepted July 10, 2019 work incident. The only medical report had an illegible physician signature, so the Board found that it did not establish a medical diagnosis related to the incident. It affirmed OWCP’s September 4, 2019 denial.
D.H. and Department of Veterans Affairs, Veterans Health Administration, Saint Louis, MO
Claim denial upheld after workplace fall
D.H. reported falling from a rolling chair at work on April 23, 2018 and later submitted medical reports about arm and hand symptoms. The Board found that the reports largely repeated her account or lacked a reasoned medical explanation connecting diagnosed conditions to the accepted fall. It…
G.H. and U.S. Postal Service, Post Office, Leonard, MI
Leg impairment award returned to resolve medical dispute
G.H. sought a schedule award for leg impairment associated with an accepted lumbar injury. Her physician rated bilateral leg impairment, while OWCP’s second opinion found no permanent leg impairment. The Board found that earlier medical reports about ongoing injury residuals did not resolve this…
R.B. and Department of Justice, Bureau of Prisons, Victorville, CA
Emotional condition claim returned for investigation records
R.B. sought compensation for an emotional condition connected to alleged workplace sexual harassment. OWCP had obtained a summary of an employer investigation but had not obtained the underlying investigative report and affidavits. The Board held that those records were needed to assess whether the…
S.M. and U.S. Postal Service, Post Office, East Saint Louis, IL
Arm impairment schedule award denial upheld
S.M. sought a schedule award for arm impairment associated with accepted cervical spine conditions. The Board agreed with OWCP’s medical adviser that the record showed no ratable impairment at the accepted cervical levels. Findings at a different level did not establish impairment from an accepted…
M.G. and Department of Labor, Office of Workers’ Compensation Programs, Seattle, WA
Respiratory claim denial upheld after workplace exposure
M.G. attributed a cough and respiratory condition to an accepted April 4, 2018 workplace exposure. The Board found that his physicians did not provide a reasoned medical explanation connecting a diagnosed condition to the exposure. One opinion relied on the absence of symptoms before the exposure…
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.