Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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R.B. and Department of Health & Human Services, Alaska Native Medical Center, Anchorage, AK
Retirement overpayment upheld; fault finding reversed
R.B. received FECA wage loss compensation and Social Security retirement benefits without an offset from February 2008 through March 2018. The Board upheld the $126,789.23 overpayment but reversed OWCP’s fault finding because the Social Security offset was too complex for her reasonably to…
H.H. and Department of the Interior, National Park Service, Gatlinburg, TN
Retirement offset overpayment upheld; fault finding reversed
H.H. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld OWCP’s $28,949.55 overpayment finding for October 2010 through March 2017. It reversed the finding that H.H. was at fault because the Social Security offset was too…
MPLX
In re MPLX (EAB CAA Appeal No. 20-01): Title V permit review denied
MPLX challenged EPA Region 8's renewed Clean Air Act Title V permit for its Wonsits Valley natural gas compressor station in Utah. The dispute concerned whether the station's backup combustor, Unit C-2, had to comply with the National Emissions Standards for Hazardous Air Pollutants for oil and…
McKinney v. Medpace Holdings, Inc.
Appeal dismissed for failure to prosecute
The Board ordered Bradley McKinney to explain why his Sarbanes-Oxley appeal should not be dismissed for failure to prosecute. McKinney did not respond by the August 17, 2020 deadline and did not file a brief under the Board's schedule. The Board dismissed the case.
Bondurant v. Southwest Airlines, Inc.
Airline whistleblower dismissal affirmed
Southwest Airlines terminated cargo manager Jeffrey Bondurant after concluding that he violated a last-chance agreement by misusing travel passes and giving incomplete explanations of his whereabouts. Bondurant alleged that the airline acted because he reported failures to notify the Federal…
A.J. and Department of the Treasury, Internal Revenue Service, Rolla, MO
Visible wrist injury recognized; sprain claim rejected
A.J. was struck on the left wrist by a recoiling security gate at work. The Board found that contemporaneous medical observations established bruising and swelling caused by the incident. It found insufficient medical evidence of an additional wrist sprain or other claimed condition. It affirmed…
T.M. and U.S. Postal Service, Post Office, Hollis, NY
Spine claim expansion returned for further medical development
T.M., a postal clerk and mail handler, asked OWCP to expand an accepted injury claim after a work-related motor vehicle accident. Her physician offered an affirmative explanation connecting additional disc conditions to the accident. The Board found the opinion insufficient to establish the claim…
S.P. and U.S. Postal Service, Post Office, Petersburg, MI
Refusal to reopen knee claim upheld
S.P., a rural letter carrier, sought reconsideration of a denied right knee injury claim. The Board found that her request presented no new legal argument or pertinent new medical evidence meeting the requirements for a merits review. It affirmed OWCP’s May 1, 2019 refusal to reopen the claim.
D.C. and U.S. Postal Service, Post Office, San Antonio, TX
Knee injury claim denial upheld
D.C. claimed a left knee injury after jumping away from a rattlesnake during postal work. His physician linked a meniscus tear to the incident but did not explain how the incident caused the tear rather than progression of a preexisting knee condition. The Board affirmed OWCP’s June 28, 2019 denial…
C.W. and U.S. Postal Service, Post Office, Houston, TX
Claim expansion for spine and shoulder conditions denied
C.W. asked OWCP to add cervical, lumbar, and shoulder conditions to an accepted 2012 injury claim. The Board found that the new medical reports lacked a reasoned explanation linking those conditions to the work injury. It affirmed OWCP’s July 10, 2019 refusal to expand the claim.
V.G. and U.S. Postal Service, Post Office, Philadelphia, PA
Carpal tunnel impairment award denial upheld
V.G. sought a schedule award for permanent impairment from accepted right carpal tunnel syndrome. An impartial examiner found normal testing and no ratable arm impairment. The Board gave that opinion special weight and affirmed OWCP’s March 6, 2019 denial.
American Federation of Government Employees, Local 547 and United States Department of Veterans Affairs, James A. Haley Hospital and Clinics, Tampa, Florida
AFGE Local 547 and James A. Haley Hospital (FLRA 0-AR-5494): Authority upholds nonselection grievance dismissal
A bargaining-unit employee at James A. Haley Hospital challenged her nonselection for an administrative officer position outside the bargaining unit. An arbitrator found that the negotiated grievance procedure covered promotions to bargaining-unit positions and that the parties had not agreed to…
Secretary of Labor v. Knight Hawk Coal, LLC
Stay of ventilation-plan ruling denied
The Secretary asked the Commission to stay its earlier ruling that vacated MSHA's revocation of Knight Hawk Coal's long-approved ventilation plan for perimeter mining. The majority found no supported scenario showing irreparable harm from continued use of the plan, which had operated for 12 years…
United States Department of the Navy, Marine Corps Air Station Cherry Point, North Carolina; International Association of Machinists and Aerospace Workers, Local Lodge 2296, AFL-CIO; and Melanie Copeland
Marine Corps Air Station Cherry Point representation case (FLRA AT-RP-18-0019): Authority denies reconsideration
An employee sought an election to determine whether Visiting Aircraft Line employees at Marine Corps Air Station Cherry Point would remain represented by IAMAW Local Lodge 2296. A regional director found that the employees fell within the wording of an existing consolidated-unit certification, and…
D.T. and U.S. Postal Service, Processing & Distribution Center, Indianapolis, IN
Refusal to reopen injury claim upheld
D.T. sought reconsideration of a claim denied because the record did not establish that the alleged injury events occurred. Her new medical work status reports did not address that factual issue. The Board found no other qualifying legal argument or new evidence and affirmed OWCP’s July 2, 2019…
M.P. and Social Security Administration, Staten Island, NY
Termination of wage loss and medical benefits reversed
M.P. challenged OWCP’s termination of compensation and medical benefits for accepted injuries. The Board found that OWCP’s second opinion physician had described her as still suffering from accepted conditions while also saying those conditions had resolved. That internally inconsistent and…
J.T. and Department of Homeland Security, Immigration & Customs Enforcement, Chaparral, NM
Compensation reduction reversed for faulty notice
J.T. faced a reduction of FECA compensation to zero for allegedly failing to cooperate with vocational rehabilitation. The rehabilitation counselor’s early letters went to his former address, even though he had requested an address change. The Board held that he had not failed to cooperate when…
Matter of R-C-R-
Missed deadlines and unproven video prejudice defeated the appeal
The Board reviewed a Guatemalan respondent's appeal after an Immigration Judge ordered his removal when he did not file applications for asylum, withholding of removal, or Convention Against Torture protection by a clearly stated deadline. The Board held that an Immigration Judge may deem those…
Daniel C. King v. Fleck Construction, Incorporated
King v. Fleck Construction (BRB 20-0444): carrier appeal dismissed as premature
Wesco Insurance Company appealed an administrative law judge's partial summary decision about its possible responsibility for Daniel King's Longshore Act benefits. The judge's order had not awarded or denied benefits. The Board dismissed the appeal because the order was interlocutory and could be…
Kenneth Burrows v. Electric Boat Corporation
Burrows v. Electric Boat (BRB 20-0410): appeal withdrawn and dismissed
Kenneth Burrows appealed in a Longshore Act case against Electric Boat Corporation. He then asked to withdraw his appeal. The Board granted his request and dismissed the appeal with prejudice. The order does not decide the merits of his benefit claim.
Mark R. Russell v. Oak Grove Resources, LLC
Russell v. Oak Grove Resources (BRB 19-0500 BLA): black lung benefit award affirmed
An administrative law judge awarded Mark Russell black lung benefits on a subsequent claim after finding 27 years of underground coal mine work and a totally disabling respiratory impairment. Those findings triggered the 15-year presumption that his disability was due to pneumoconiosis. Oak Grove…
William J. Griffin v. Pammlid Coal Company
Griffin v. Pammlid Coal (BRB 19-0470 BLA): black lung benefit award affirmed
An administrative law judge awarded William Griffin black lung benefits after finding 17 years of underground coal mine work and a totally disabling respiratory impairment. Pammlid Coal challenged the disability finding and the resulting 15-year presumption. The Board held that the judge reasonably…
Sarah Powell, Executrix of the Estate of Roger Richardson v. Garrett Mining, Incorporated
Powell v. Garrett Mining (BRB 19-0456 BLA): July 2011 benefit start date affirmed
After an earlier benefit denial, Roger Richardson sought modification in July 2011. He died while that request was pending, and his daughter Sarah Powell pursued it for his estate. An administrative law judge found Richardson had complicated pneumoconiosis from coal mine work and awarded benefits…
Earl Nelson v. Heritage Coal Company, Incorporated
Nelson v. Heritage Coal (BRB 19-0434 BLA): black lung benefit award affirmed
An administrative law judge awarded Earl Nelson black lung benefits after finding 20 years of underground coal mine work and a totally disabling respiratory impairment. Heritage Coal and its insurer challenged the exclusion of evidence about their liability for payment and disputed the finding that…
Anthony L. St. Clair v. Brem Coal Company, LLC
St. Clair v. Brem Coal (BRB 19-0428 BLA): no state settlement offset
Anthony St. Clair settled a Kentucky occupational disease claim before filing for federal black lung benefits. The state settlement paid $18,000, including $14,400 allocated to occupational lung disease. Brem Coal sought to reduce his federal benefits by that amount. The Board upheld the…
Benjamin R. Beverly v. Redhawk Coal Corporation
Beverly v. Redhawk Coal (BRB 19-0396 BLA): benefits and attorney fee affirmed
An administrative law judge awarded Benjamin Beverly black lung benefits after finding nearly 20 years of underground coal mine work and a totally disabling respiratory impairment. Redhawk Coal and its insurer challenged their designation as responsible for payment, the benefit award, and an…
Shelby Wolford on behalf of Ronnie E. Wolford v. Dunn Coal & Dock Company
Wolford v. Dunn Coal & Dock (BRB 19-0382 BLA): benefit award on modification affirmed
Ronnie Wolford's earlier black lung claim was denied after a judge found the employer had rebutted the 15-year presumption. On modification, a different judge found nearly 32 years of coal mine work, total respiratory disability, and a mistake in the earlier factual determination. Dunn Coal and its…
Harold Teaster v. Jim Walter Resources, Incorporated
Teaster v. Jim Walter Resources (BRB 19-0320 BLA): benefit denial returned for medical review
Harold Teaster sought to modify a denial of black lung benefits. The judge found his lung function studies supported total respiratory disability but gave greater weight to a doctor's contrary opinion and denied benefits. The Board majority found errors in how the judge assessed the medical…
Edward D. Davalos v. Ports America Texas, Incorporated
Davalos v. Ports America Texas (BRB 19-0281): medical liability and modification denial affirmed
Edward Davalos injured his back, shoulder, knees, and wrist in a fall while working for Ports America Texas. An administrative law judge found his continuing neck and back conditions related to that fall and held Ports America responsible for medical care, while dismissing several later maritime…
Michael D. Keene v. K & R Contractors, LLC
Keene v. K & R Contractors (BRB 19-0242 BLA): employer reconsideration denied
K & R Contractors asked the Board to reconsider its April 23, 2020 decision in Michael Keene's black lung case. The motion was timely, and no party filed a response. No member of the Board panel voted to vacate or modify the earlier decision. The Board therefore denied reconsideration. This short…
R.R. and U.S. Postal Service, Burnsville Post Office, Burnsville, MN
Foot injury claim denial upheld
R.R. sought compensation for a right foot condition after an accepted July 3, 2019 work incident. The only medical report about a foot sprain was signed by a physician assistant, who does not qualify as a physician under FECA. The Board found the medical evidence insufficient and affirmed OWCP’s…
American Federation of Government Employees, Local 2206 and Social Security Administration, Southeast Program Service Center
AFGE Local 2206 and Social Security Administration (FLRA 0-AR-5629): Authority dismisses removal exceptions
An arbitrator sustained disciplinary charges against a Social Security Administration employee and upheld the employee's removal. The grievant filed exceptions with authorization from AFGE Local 2206, which gave the grievant standing. The Authority nevertheless found that the award resolved a…
Secretary of Labor v. Hopedale Mining, LLC
Four-citation ventilation settlement approved
MSHA cited four significant-and-substantial failures to follow Hopedale Mining's ventilation plan, including inadequate airflow, a misplaced curtain, plugged water sprays, and insufficient roof-bolter vacuum. The parties proposed reducing the total penalties from $18,093 to $3,339 after lowering…
Secretary of Labor v. American Aggregates of Michigan, Inc.
New-miner training settlement approved
MSHA issued a withdrawal order after a driller's helper had not completed every topic required during the first four hours of new-miner training. The parties agreed to keep the violation but remove the significant-and-substantial designation, reduce negligence and gravity, and lower the proposed…
D.M. and U.S. Postal Service, Post Office, Bridgeville, PA
Wrist fracture claim denial upheld
D.M. sought compensation for a left wrist fracture after an accepted August 7, 2018 work incident. Medical records documented the fracture and treatment but did not explain how the work incident caused or aggravated it. The Board affirmed OWCP’s February 25, 2019 denial for lack of reasoned medical…
S.M. and Department of Homeland Security, Immigration & Customs Enforcement, Homeland Security Investigations, Harlingen, TX
Suitable work refusal finding reversed
OWCP ended S.M.’s wage loss compensation and schedule award entitlement after she declined a proposed sedentary job. The Board found that OWCP’s medical review omitted accepted and other diagnosed conditions relevant to whether the job was suitable. It reversed OWCP’s April 2, 2019 termination…
L.D. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH
Schedule award overpayment finding reversed
OWCP found that L.D. had been overpaid $20,933.64 in schedule award compensation for her right arm. The Board held that OWCP had not first made a new impairment determination with appeal rights, as required before deciding whether an overpayment existed. It reversed OWCP’s December 19, 2018…
S.D. and U.S. Postal Service, Post Office, Bellmawr, NJ
Back injury claims returned for combined review
S.D. had separate OWCP claims involving back injuries from two work incidents. The Board held that the files needed to be combined because correct adjudication of the present claim depended on evidence in both. It set aside OWCP’s October 29, 2018 decision and remanded for combined review and a new…
Sadie Marie Jude v. Shell Coal & Terminal Company
Jude v. Shell Coal & Terminal (BRB 19-0519 BLA): survivor benefit award affirmed
Sadie Marie Jude sought survivor benefits after her husband, coal miner Cliston Jude, died while his benefit claim was pending. Judge Larry A. Temin awarded his miner benefits, and Judge Lauren C. Boucher later awarded her survivor benefits under the provision for an eligible survivor of a miner…
Ralph E. Cannady v. Pinnacle Mining Company, LLC
Cannady v. Pinnacle Mining (BRB 19-0467 BLA): black lung benefit award affirmed
An administrative law judge awarded Ralph Cannady black lung benefits on a subsequent claim after finding 30 years of qualifying coal mine work and a totally disabling respiratory impairment. Pinnacle Mining challenged the disability finding and the resulting 15-year presumption. The Board upheld…
Jackie F. Collins v. A & G Coal Corporation
Collins v. A & G Coal (BRB 19-0430 BLA): benefit award returned for disability review
An administrative law judge awarded Jackie Collins black lung benefits after finding more than 34 years of qualifying surface coal mine work and total respiratory disability. A & G Coal and its insurer challenged the judge's assessment of the lung function studies and medical opinions. The Board…
Ronnie Johnson v. Nats Creek Mining Company
Johnson v. Nats Creek Mining (BRB 19-0423 BLA): black lung benefit award affirmed
An administrative law judge awarded Ronnie Johnson black lung benefits after finding 15.34 years of underground coal mine work and a totally disabling respiratory impairment. Nats Creek Mining and its insurer challenged the judge's appointment and the findings supporting the 15-year presumption…
David Banks v. Lone Mountain Processing, Incorporated
Banks v. Lone Mountain Processing (BRB 19-0415 BLA): black lung benefit award affirmed
An administrative law judge awarded David Banks black lung benefits on a subsequent claim after finding at least 29 years of underground coal mine work and a totally disabling respiratory impairment. Lone Mountain Processing challenged the judge's appointment, the 15-year presumption, and the…
Arthur Clifton v. Island Creek Coal Company
Clifton v. Island Creek Coal (BRB 19-0411 BLA): black lung benefit award affirmed
An administrative law judge awarded Arthur Clifton black lung benefits after finding more than 27 years of underground coal mine work and a totally disabling respiratory impairment. Island Creek Coal challenged the constitutionality of the 15-year presumption and argued that it had rebutted it. The…
Oscar Burlin Damron v. South Akers Mining Company LLC
Damron v. South Akers Mining (BRB 19-0408 BLA): complicated pneumoconiosis award affirmed
An administrative law judge awarded Oscar Burlin Damron black lung benefits on a subsequent claim after finding complicated pneumoconiosis. That disease finding triggered an irrebuttable presumption of total disability due to pneumoconiosis. South Akers Mining and its insurer challenged the judge's…
Zeda Martin on behalf of Marvin Ray Martin v. Dayco Coal Company
Martin v. Dayco Coal (BRB 19-0404 BLA): miner and survivor awards affirmed
An administrative law judge awarded benefits in Marvin Ray Martin's miner claim after finding 26 years of underground coal mine work and a totally disabling respiratory impairment. Dayco Coal and its insurer challenged the disability finding. The Board upheld the judge's weighing of the medical…
James L. May v. Elmo Greer & Sons, LLC
May v. Elmo Greer & Sons (BRB 19-0376 BLA): benefits and attorney fee affirmed
An administrative law judge awarded James May black lung benefits after finding complicated pneumoconiosis from coal mine work. Elmo Greer & Sons challenged whether May's drilling work on road construction projects counted as coal mine work and whether the company was responsible for payment. The…
Wanda J. Woodard on behalf of Edward C. Woodard v. Stone Mountain Trucking Company
Woodard v. Stone Mountain Trucking (BRB 19-0284 BLA): miner and survivor awards returned
An administrative law judge awarded Edward Woodard black lung benefits and awarded his widow Wanda derivative survivor benefits. Stone Mountain Trucking and its insurer challenged the responsible operator, length of coal mine employment, and total disability findings. The Board found the judge had…
Administrator, Wage and Hour Div. v. Volt Management Corp.
H-1B wage investigation remanded
An H-1B employee complained that staffing agency Volt Management failed to pay him during a period without assigned work. The Wage and Hour Division expanded its investigation and sought $298,413.78 in back wages for alleged nonproductive-time violations affecting 74 employees. The ALJ ruled that…
B.C. and U.S. Postal Service, Post Office, Sturgis, MI
Back contusion accepted; disc conditions returned for review
B.C. reported that a heavy work vehicle door struck his back. The Board found that contemporaneous medical observations established a lumbar contusion caused by the incident. It also found that the physician’s explanation of additional disc conditions warranted further medical development. The…
J.N. and Department of the Air Force, U.S. Air Force Academy, Colorado Springs, CO
Office clerk wage capacity reduction reversed
OWCP reduced J.N.’s wage loss compensation based on a constructed office clerk position. His physician and OWCP’s second opinion examiner disagreed about the restrictions that would govern his ability to do that work. The Board held that OWCP had to resolve the medical conflict before reducing…
E.M. and U.S. Postal Service, Post Office, South Burlington, VT
Additional leg impairment award denied
E.M. sought a schedule award for permanent impairment of both legs. An impartial examiner rated each leg at zero percent under the applicable spinal nerve impairment method. The Board found that the examiner’s reasoned opinion resolved the medical dispute and affirmed OWCP’s May 14, 2019 decision.
S.C. and Department of Commerce, Census Bureau, Hyattsville, MD
Additional leg impairment schedule award denied
S.C. sought a schedule award for left leg impairment and more than the six percent already awarded for his right leg. The Board accepted the medical assessment that his left knee sprain had resolved without permanent impairment and that the right leg impairment remained six percent. It affirmed…
C.W. and U.S. Postal Service, Post Office, Memphis, NY
Consolidated emotional condition claims returned for reasons
C.W. pursued two related emotional condition claims involving previously accepted post-traumatic stress disorder and later workplace events. The Board found that OWCP had not adequately explained why the later events could not support a consequential injury or a new claim. It set aside OWCP’s April…
D.B. and Department of Homeland Security, Customs & Border Protection, Calgary International Airport, Calgary, AB, Canada
Emotional condition benefit termination reversed
D.B. challenged OWCP’s termination of wage loss and medical benefits for accepted depression and anxiety. The impartial examiner whose opinion supported termination rejected the work-related nature of those already accepted conditions. The Board held that an opinion contrary to the accepted…
C.W. and U.S. Postal Service, Post Office, Memphis, NY
Related emotional condition claims returned for reasons
C.W. pursued two related emotional condition claims involving previously accepted post-traumatic stress disorder and later workplace events. The Board found that OWCP had not adequately explained why the later events could not support a consequential injury or a new claim. It set aside OWCP’s April…
United States Department of Transportation, Federal Aviation Administration and American Federation of Government Employees, Local 2282
Federal Aviation Administration and AFGE Local 2282 (FLRA 0-AR-5523): Authority remands contracting-out dispute
Federal Aviation Administration employees were moved from accounts-receivable work to accounts-payable work and directed to train contractors taking over their former tasks. An arbitrator found that the agency failed to give the union notice and an opportunity to bargain, and he ordered…
Petitt v. Delta Air Lines, Inc.
Protective-order appeal denied
Delta Air Lines asked the Board to immediately review an ALJ's refusal to prohibit online publication of video depositions given by two company executives. The written transcripts had been admitted into evidence after Delta requested deposition testimony in place of live testimony, and the ALJ…
A.O. and U.S. Postal Service, Processing & Distribution Center, Pensacola, FL
Shoulder injury claim denial upheld
A.O. sought compensation after being struck in the right shoulder at work on July 19, 2019. The Board accepted that the incident occurred but found that the medical records did not explain how it caused a shoulder condition. It affirmed OWCP’s August 29, 2019 denial.
L.S. and Social Security Administration, Personnel Operations, Jamaica, NY
Leg impairment rating returned for full medical review
L.S. sought a schedule award for permanent leg impairment. The impartial examiner rated both legs at zero percent but did not adequately explain why he used only an older electrodiagnostic study; OWCP also failed to send him newer test results received before its decision. The Board set aside…
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.