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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Crean v. 125 W. 76th Realty Corp.
Asbestos report did not motivate discharge
Thomas Crean alleged that a New York property company fired him after he reported asbestos in its boiler room to the city environmental agency. The ALJ found that the company instead acted because Crean would not perform his duties and had behaved aggressively. Evidence also showed that management…
L.L. and U.S. Postal Service, Post Office, New Haven, CT
Reconsideration request returned for merit review
L.L. sought reconsideration of a denial of her injury claim and submitted a different copy of a physician’s report. The Board found this report was relevant new evidence that OWCP had not previously considered. OWCP therefore should have reopened the claim for merit review. The Board set aside the…
A.C. and Department of Transportation, Federal Aviation Administration, Lincoln, NE
Parking lot injury claim denied for lack of medical causation
A.C. sought compensation for medical conditions following a February 26, 2019 work incident. OWCP accepted that the incident occurred. The Board found that the medical submissions lacked a reasoned explanation connecting her diagnosed conditions to that incident. It affirmed denial of the claim.
E.N. and Peace Corps, Volunteer Services, Washington, DC
Overpayment upheld but initial fault finding set aside
E.N. received $16,679.93 in wage-loss compensation after her entitlement ended. The Board upheld OWCP’s overpayment amount and its refusal to reopen the earlier termination decision. It found she was not at fault for the initial payment covering June 24 through July 21, 2018, but was at fault for…
S.C. and U.S. Postal Service, Palatine Processing & Distribution Center, Palatine, IL
Order clerk wage-earning capacity reduction upheld
S.C. challenged a reduction in compensation based on the wages she could earn as an order clerk. The Board found that this sedentary position fit her medical restrictions. A vocational counselor identified transferable skills and surveyed job availability. OWCP properly reduced her benefits…
R.E. and U.S. Postal Service, Sandpoint Annex, Sandpoint, ID
Retirement offset overpayment returned for clarified figures
R.E. appealed an OWCP finding of a $20,741.54 overpayment arising from a Social Security retirement offset. The Social Security form contained inconsistent figures, and OWCP’s request for clarification went unanswered. The Board found that OWCP had not adequately explained the period or amount of…
E.V. and U.S. Postal Service, Post Office, Lexington Park, MD
Overpayment order returned for requested hearing
E.V. challenged an OWCP determination that she received $9,386.40 in excess wage-loss compensation and was at fault. Her timely response to the preliminary determination requested a hearing. OWCP issued its final decision without holding one, depriving her of a chance to testify about the…
D.C. and U.S. Postal Service, La Center Post Office, La Center, WA
Left shoulder claim and reconsideration denial upheld
D.C., a postal employee, claimed that work activities caused a left shoulder condition. The Board found that her medical evidence did not adequately explain a causal link to accepted work factors. It also held that her reconsideration request supplied no qualifying new evidence or legal argument; a…
United States Department of Defense, Education Activity, Alexandria, Virginia and Federal Education Association
Department of Defense Education Activity and FEA (FLRA 0-AR-5509): Authority vacates premature appraisal grievance
The Department of Defense Education Activity told the Federal Education Association that it would replace a negotiated employee appraisal system with a new congressionally required program one year later. The union immediately grieved the planned change, and an arbitrator found violations of the…
Starkist Samoa Co.
In re Starkist Samoa Co. (EAB NPDES Appeal No. 20-04): petition dismissed as moot
EPA Region 9 issued Starkist Samoa Co. a new NPDES permit for wastewater discharges from its tuna cannery facility to Pago Pago Harbor in American Samoa. Starkist sought review of three permit conditions concerning dissolved oxygen, coral reef monitoring, and an annual priority pollutant scan…
Jinna v. MPRSoft, Inc.
H-1B wage reconsideration denied
The Board had modified an H-1B wage award to $6,651.03 in net back wages and $52,904.94 in gross back wages, plus interest. Dheeraj Reddy Jinna asked it to reconsider because he did not understand that he needed a cross-appeal, had received procedural information by telephone, and wanted broader…
H.C. and Department of Justice, Federal Bureau of Prisons, Oakdale, LA
Retirement offset overpayment returned to rebuild record
H.C. appealed an $11,199.31 overpayment attributed to a Social Security retirement offset. OWCP found him without fault but denied waiver of recovery. The record sent to the Board omitted the original claim form, formal acceptance, and apparently other older documents. Because it could not review…
S.H. and Department of Homeland Security, FLETC/ICE Academy, Glynco, GA
Overpayment decision returned to consider timely financial evidence
S.H. received a preliminary $1,202.00 overpayment notice after returning to full-time work. Before OWCP issued its final decision, it received her completed questionnaire and financial information. OWCP stated that she had not responded and did not discuss those materials. The Board set aside the…
M.M. and Tennessee Valley Authority, Boone Dam Reservation, Kingsport, TN
Benefit suspension returned to reconstruct examination notices
M.M. appealed suspension of compensation and medical benefits for failing to attend scheduled examinations. OWCP relied on letters scheduling two appointments, but those letters were missing from the record sent to the Board. Without the notices, the Board could not review whether the suspension…
R.J. and Department of Defense, Uniformed Services University of Health Sciences, Bethesda, MD
Disability recurrence claim denied for insufficient medical proof
R.J. claimed that her accepted April 2016 injury caused a recurrence of disability beginning June 1, 2018. The Board found that the medical reports did not adequately explain why the accepted injury disabled her during the claimed period. Some reports addressed different diagnoses that OWCP had not…
L.A. and Defense Health Agency, National Capital Region Medical Directorate, Bethesda, MD
Wrist claim returned for review of submitted records
L.A., a medical technologist, claimed a left wrist injury from using a microscope and manual counter at work. She submitted several medical records with her reconsideration request. OWCP discussed only one report when it denied modification of its earlier decision. The Board set aside the denial…
Secretary of Labor v. CalPortland Company
Conditional penalty case stayed
A judge approved a settlement requiring CalPortland to pay a $17,500 discrimination penalty only if its liability in the related miner-discrimination case was ultimately upheld. After the Commission reversed that liability decision, the Secretary and CalPortland asked to vacate the conditional…
Secretary of Labor obo James McGaughran v. Lehigh Cement Company, LLC
Economic reinstatement tolled during pandemic delay
Lehigh Cement had been paying James McGaughran under an economic temporary-reinstatement agreement while his discrimination complaint proceeded. The COVID-19 pandemic postponed the scheduled in-person hearing, and the Secretary objected to conducting it by Zoom while Lehigh wanted the hearing to…
Matter of Bay Area Legal Services, Inc.
Full accreditation reconsideration denied
The Director reviewed Bay Area Legal Services, Inc.'s request for reconsideration after the Office of Legal Access Programs denied full accreditation for Carlos Betancourt but granted partial accreditation. The decision held that the 30-day deadline for reconsideration under 8 C.F.R. § 1292.13(e)…
Ryan Voltzke v. Canadian National Railway
Voltzke v. Canadian National Railway (BRB 20-0084): en banc reconsideration denied
Canadian National Railway and its carrier asked the Benefits Review Board to reconsider en banc an earlier decision in Ryan Voltzke's Longshore Act case. No responses to the motion were received. A majority of the Board's permanent members did not vote to vacate or change the decision, so the Board…
Ryan Voltzke v. Canadian National Railway
Voltzke v. Canadian National Railway (BRB 20-0084): employer held liable for attorney fee
Ryan Voltzke injured his ankle at work and later sought medical benefits for a back condition arising during ankle rehabilitation. Canadian National Railway paid benefits for the ankle but denied the back claim before accepting responsibility after an informal conference. The district director…
Robert Gilbert v. Electric Boat Corporation
Gilbert v. Electric Boat (BRB 20-0073): Special Fund reimbursement reduced
Robert Gilbert had an earlier work-related hearing loss and a later hearing loss claim against Electric Boat. The Director asked the Board to reconsider how much the Special Fund had to reimburse the employer. The Board agreed that its earlier calculation had improperly relieved the employer of…
Robert Gilbert v. Electric Boat Corporation
Gilbert v. Electric Boat (BRB 20-0073): Special Fund reimbursement recalculated
Robert Gilbert received compensation from Electric Boat for an earlier work-related hearing loss and a later, greater loss. The Director challenged the amount a judge ordered the Special Fund to reimburse the employer for the pre-existing loss. The Board held that the judge's $81,370.38 calculation…
Xavier Hernandez v. National Steel and Shipbuilding Company
Hernandez v. National Steel and Shipbuilding (BRB 19-0537 and 19-0537A): attorney fee award returned
Xavier Hernandez and his employer appealed different parts of a $55,008.13 attorney fee award after his Longshore benefits claim. Hernandez challenged the $410 hourly rate awarded to one lawyer; the employer argued that the fee did not account for Hernandez's partial success. The Board found that…
Xavier Hernandez v. National Steel and Shipbuilding Company
Hernandez v. National Steel and Shipbuilding (BRB 19-0537 and 19-0537A): attorney fee award remanded
Xavier Hernandez obtained Longshore Act disability benefits and his lawyer sought fees from National Steel and Shipbuilding. The administrative law judge awarded $55,008.13 in fees and costs, which both sides appealed. The Board found that the judge’s support for a $410 hourly rate was inadequate…
Donnie W. Harrison v. Unicorn Mining Incorporated
Harrison v. Unicorn Mining (BRB 19-0304 BLA): complicated pneumoconiosis award upheld
Donnie Harrison sought black lung benefits after three earlier claims had been denied. The judge found that x-rays established complicated pneumoconiosis, triggering an irrebuttable presumption of total disability due to that disease and showing a change in an entitlement condition. Unicorn Mining…
Michael Lay v. Cumberland River Coal Company
Lay v. Cumberland River Coal Company (BRB 19-0289 BLA and BLA-A): benefits upheld, fee issue returned
Michael Lay received black lung benefits after a judge applied the fifteen-year presumption, then moved the start date back to November 2013 on reconsideration. Cumberland River Coal challenged the appointment of a judge who had held an earlier hearing, its failure to rebut the presumption, and the…
Stanley Perry v. RS Mining, Incorporated
Perry v. RS Mining (BRB 19-0235 BLA): modified black lung claim allowed
Stanley Perry sought modification after earlier denials of his black lung claim. The judge found that a new qualifying pulmonary function study established total disability and, with twenty-three years of underground mine work, triggered the fifteen-year presumption. RS Mining challenged the…
Clayton Ramey v. TRC Mining Corporation
Ramey v. TRC Mining Corporation (BRB 19-0204 BLA): black lung benefits upheld
Clayton Ramey sought black lung benefits after thirty-three years of underground coal mine work. TRC Mining argued that his last job as a superintendent was mostly supervisory and that the judge gave too much weight to older tests showing disability. The Board upheld the finding that Ramey's…
Verna J. Kendrick v. Island Creek Coal Company
Kendrick v. Island Creek Coal Company (BRB 18-0491 BLA): reconsideration denied
Verna Kendrick, filing without counsel, asked the Board to reconsider its September 2019 decision in her black lung case. No member of the panel voted to vacate or modify that decision. The Board denied reconsideration. This order does not describe what the earlier decision held.
Roger D. Halstead v. Pine Ridge Coal Company
Halstead v. Pine Ridge Coal Company (BRB 18-0459 BLA): reconsideration denied
Pine Ridge Coal asked the Board to reconsider its August 2019 decision in Roger Halstead's black lung case. No member of the panel voted to vacate or modify that decision. The Board denied the motion. This order does not describe what the earlier decision held.
Administrator, Wage and Hour Div. v. Lancaster Farms, Inc.
Agency appeal dismissed by request
The Board ordered the Wage and Hour Administrator to explain why its appeal in an H-2A enforcement case should not be dismissed because no petition for review had been filed. The Administrator responded that it had decided not to seek review of the ALJ's decision. It asked the Board to dismiss the…
V.V. and U.S. Postal Service, Churchville Post Office, Churchville, NY
Injury claim denied for lack of medical causation
V.V. reported wrist, shoulder, and other symptoms after a November 30, 2018 work incident. OWCP accepted that the incident occurred. The Board found that the medical evidence did not establish that a diagnosed condition was caused by that incident. It affirmed denial of the claim.
S.M. and U.S. Postal Service, Post Office, Commack, NY
Benefit termination set aside after returned notice
OWCP proposed ending S.M.’s wage-loss compensation and medical benefits, but the mailed notice came back undeliverable. OWCP issued its final termination decision without sending a new notice. The Board held that S.M. had not received the required chance to respond. It set aside the termination and…
G.T. and U.S. Postal Service, Post Office, Washington Township, NJ
Injury decisions returned to consider physician report
G.T. claimed further injury after stumbling on a customer’s steps while delivering mail. OWCP denied his claim on the stated ground that the file lacked a valid diagnosis. The Board found that OWCP had overlooked an August 27, 2018 physician report diagnosing a posterior thigh muscle strain. It set…
W.B. and Department of Interior, Redwood National Park, Orick, CA
Claim returned because employee was not served
W.B. claimed injuries from a basketball game held on a workday evening. The Board found that the record did not show proper service of documents used to develop and adjudicate his claim. It set aside OWCP’s decision and directed proper claim development and service before a new decision.
T.S. and U.S. Postal Service, Post Office, Providence, RI
Injury claim denied for lack of medical causation
T.S. claimed a medical condition after an accepted October 6, 2018 work incident. The Board found that his medical evidence did not adequately explain how the incident caused a diagnosed condition. It affirmed OWCP’s denial of the injury claim.
C.B. and U.S. Postal Service, Post Office, Bakersfield, CA
Recurrence and reconsideration denials upheld
C.B. sought compensation for disability from June 18 through 22, 2018 following an accepted January 2018 injury. The Board found that her evidence did not establish that the accepted injury caused disability during that period. It also held that her reconsideration request supplied no basis to…
S.A. and U.S. Postal Service, Post Office, Lakewood, CA
Wage-capacity dispute returned for better medical opinion
S.A. sought modification of an earlier loss of wage-earning capacity determination. Her treating physician and an OWCP referral physician disagreed about her ability to perform a sedentary customer care job. The impartial medical examiner said she could have done the job but did not explain his…
M.J. and U.S. Postal Service, Post Office, Baltimore, MD
Knee disability claim returned for proper wage-capacity review
M.J. claimed a recurrence of disability associated with accepted knee conditions. OWCP treated the filing as a recurrence claim, although an earlier loss of wage-earning capacity determination remained in force. The Board held that OWCP needed to decide whether worsening of the accepted conditions…
R.P. and U.S. Postal Service, Post Office, Henderson, NV
Heat exhaustion claim returned for causation review
R.P. reported heat exhaustion while delivering mail in a vehicle without air conditioning on a hot day. OWCP accepted the work incident but denied the medical condition claim. The Board found that a physician’s report established a diagnosis of heat exhaustion. Because OWCP had not assessed whether…
D.J. and U.S. Postal Service, Post Office, Detroit, MI
Retirement overlap overpayment reversed
D.J. challenged a $2,879.29 overpayment finding based on alleged simultaneous FECA compensation and federal retirement benefits. Her latest election form before OWCP’s final decision chose retirement benefits effective May 25, 2019. The record also did not show that she actually received retirement…
O.T. and Department of Justice, Federal Bureau of Investigation, Washington, DC
Hip claim returned for review of overlooked medical reports
O.T., a retired FBI agent, sought compensation for aggravation of right hip osteoarthritis. He submitted several medical reports with his reconsideration request. OWCP listed the evidence it received but did not address or acknowledge the 2011 medical reports. The Board set aside the denial and…
Social Security Administration and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers
Social Security Administration and AALJ (FLRA 0-MC-0028): Authority stays impasse order during court case
The Authority had previously denied the administrative law judges union's request to stop the Federal Service Impasses Panel from taking jurisdiction over a bargaining dispute with the Social Security Administration. After that denial, the union filed a federal lawsuit arising from the same…
United States Department of the Air Force, Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987
Warner Robins Air Logistics Center and AFGE Local 987 (FLRA 0-AR-5434): Authority bars grievance after EEO filing
An Air Force employee filed an EEO complaint alleging that her supervisor stalked and harassed her. The agency later suspended her for fourteen days based on statements she made in that complaint, and she challenged the suspension as unsupported, untimely, and retaliatory. An arbitrator overturned…
E.B. and Social Security Administration, Chicago Region, Chicago, IL
Retirement overlap overpayment reversed
E.B. elected retirement benefits, but OWCP continued to pay FECA compensation and assessed a $30,521.73 overpayment. The Board found no evidence that she actually received retirement payments during the disputed period. An election alone did not prove concurrent receipt. It reversed OWCP’s…
G.H. and U.S. Postal Service, Post Office, Pearland, TX
Mail-lifting incident accepted; medical causation sent back
G.H. reported right shoulder pain after lifting mail at work on May 31, 2019. OWCP rejected her account of the incident. The Board found her consistent account and supporting records established that the incident occurred in the performance of duty. It remanded for OWCP to decide whether the…
A.H. and Department of Homeland Security, U.S. Secret Service, Washington, DC
Existing arm impairment award left in place
A.H. sought additional schedule award compensation for permanent impairment of his left upper extremity. OWCP had previously awarded five percent impairment. The Board found that the medical evidence did not establish a greater rating and affirmed OWCP’s decision.
Y.C. and Department of Veterans Affairs, Edward Hines, Jr. VA Medical Center, Hines, IL
Knee injury claim denied for insufficient causal proof
Y.C., a pharmacy technician, reported slipping and hitting a shelf at work and claimed a left knee injury. OWCP accepted the June 10, 2017 incident but denied the claim. The Board found that the medical evidence did not adequately link a diagnosed left knee condition to the incident. It affirmed…
M.N. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Hearing-loss award returned for tinnitus review
M.N. sought a larger schedule award than the 15 percent binaural hearing loss previously awarded. Medical evidence described tinnitus, but the referral physician and district medical adviser did not adequately address it. The Board found the award claim insufficiently developed. It directed OWCP to…
United States Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association
Federal Aviation Administration and NATCA (FLRA 0-AR-5481): Authority rejects double-counted overtime
The Federal Aviation Administration held 144 air traffic controllers on duty for extended periods during Hurricane Harvey. The agency paid overtime for hours beyond each scheduled eight-hour shift and for work after the regular forty-hour week, but an arbitrator ordered additional overtime by…
Secretary of Labor v. Solar Sources Mining, LLC
Berm citation affirmed with $69,000 penalty on remand
The Commission had affirmed Solar Sources Mining's berm violation, S&S designation, high-negligence finding, and unwarrantable-failure finding, but remanded for fuller analysis of the penalty criteria. Judge William Moran found that Shamrock Mine was large, the penalty would not affect the…
Sachdev v. Wells Fargo Bank
Bank retaliation complaint dismissed as late
Anjali Sachdev alleged that Wells Fargo retaliated against her for objecting to unwanted customer accounts. Even using September 2016 congressional hearings as the date she learned the termination might be unlawful, she waited 804 days to file with OSHA, well beyond the 180-day deadlines under both…
Aityahia v. Air Line Pilots Association
Union retaliation claim dismissed
Former Mesa Airlines pilot Aziz Aityahia alleged that the Air Line Pilots Association was complicit in his 2013 termination and Mesa's 2017 refusal to rehire him. His challenge to the union's arbitration representation was filed more than three years after the arbitration award, beyond the…
Riddell v. CSX Transportation, Inc.
Rail-safety retaliation and $150,000 punitive award affirmed
CSX assistant operator Brad Riddell reported coworkers using marijuana while operating heavy rail equipment and reported that managers had warned the crew before drug audits. The ALJ found that a manager responded by soliciting false statements that Riddell had made threats, leading to his public…
T.D. and Department of Veterans Affairs, Jesse Brown Veterans Affairs Medical Center, Chicago, IL
Left hand claim denied for insufficient causal proof
T.D. sought compensation for a left hand condition after an August 25, 2018 work incident. OWCP accepted that the incident occurred. The Board found that his medical evidence did not establish that it caused a diagnosed left hand condition. It affirmed the claim denial.
S.D. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Lumbar injury claim denied for insufficient causation evidence
S.D., a ship fitter, claimed lumbar conditions after an August 23, 2018 work incident. OWCP accepted that the incident occurred. The Board found that his medical evidence did not adequately explain a causal link between the incident and the claimed conditions. It affirmed the denial.
T.M. and U.S. Postal Service, Post Office, Holland, MI
Bilateral knee claim denied for lack of medical causation
T.M. sought compensation for bilateral knee conditions after a June 23, 2018 work incident. OWCP accepted the incident. The Board found that the medical evidence did not adequately link the claimed knee conditions to it. It affirmed denial of the claim.
V.B. and Department of the Air Force, Aircraft Maintenance Squadron, Hill Air Force Base, UT
Overpayment collection rate returned for findings
V.B. challenged OWCP’s plan to deduct $200 from his continuing compensation every 28 days to recover an overpayment. OWCP did not explain how it selected that amount or make findings about future payments and his financial circumstances. The Board set aside the collection decision and directed OWCP…
A.R. and Department of Homeland Security, Transportation Security Administration, Oakland, CA
Low back claim denied for insufficient causal proof
A.R., a transportation security officer, claimed a low back injury from an October 14, 2017 work incident. OWCP accepted the incident. The Board found that the medical evidence did not adequately establish that it caused her diagnosed low back condition. It affirmed the denial.
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.