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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J.T. and Department of Homeland Security, U.S. Citizenship & Immigration Services, Dallas, TX
File-handling work factors accepted; medical question returned
J.T. claimed shoulder and elbow conditions from moving and scanning files. OWCP disputed her account of the work factors and denied the claim. The Board found that her regular handling and scanning of at least 100 to 200 files was established. It remanded for OWCP to assess whether those accepted…
L.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Martinez, CA
Right hand and wrist claim denied for lack of causation
L.S., a voluntary services specialist, claimed right wrist and hand problems from her work duties. OWCP accepted the described work factors. The Board found that the medical evidence did not adequately connect a right upper extremity condition to those factors. It affirmed denial of the…
United States Department of Veterans Affairs, Gulf Coast Veterans Healthcare System and American Federation of Government Employees, Local 1045
Gulf Coast Veterans Healthcare System and AFGE Local 1045 (FLRA 0-AR-5558): Authority declines review of arbitrator's email
AFGE Local 1045 grieved the Department of Veterans Affairs' denial of official time for two employees. Before the hearing, the agency asked the arbitrator to dismiss the grievance because the union had allegedly raised the same matter in an unfair-labor-practice charge. The arbitrator emailed that…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Border Patrol Council (Union)
Customs and Border Protection and National Border Patrol Council (FLRA 0-AR-5435): Union travel reimbursement award set aside
Customs and Border Protection agreed to reimburse its union's bargaining team for travel and per diem during specified fiscal years through 2015. The agency kept paying in 2016 and 2017, then stopped while contract negotiations continued. An arbitrator ordered the agency to keep paying until the…
J.W. and Social Security Administration, Chicago, IL
Back contusion diagnosed; causal question returned
J.W. said a chair slid away as he tried to sit at work, causing him to fall. OWCP accepted the March 30, 2018 incident but denied the claim. The Board found that the medical evidence established a diagnosis of back contusion. It remanded for OWCP to decide whether the contusion was caused by the…
A.R. and U.S. Postal Service, Processing & Distribution Center, New Orleans, LA
Mail-handling incident accepted; medical review ordered
A.R. said he hurt his back while pushing and pulling mail equipment on July 7, 2019. OWCP disputed whether the incident occurred. The Board found his consistent account and the employer’s records established the work incident. It remanded for OWCP to decide whether that incident caused a…
J.T. and U.S. Postal Service, Hudson Post Office, Modesto, CA
Neck and arm occupational disease claim denied
J.T., a letter carrier, claimed neck, shoulder, and arm conditions from her work duties. OWCP accepted the described work factors. The Board found that her medical evidence did not adequately connect a diagnosed condition to those factors. It affirmed the claim denial.
W.R. and U.S. Postal Service, Post Office, New York, NY
Right knee occupational disease claim denied
W.R., a postal carrier associate, claimed that repetitive work caused a right knee condition. OWCP accepted the described work factors. The Board found that the medical evidence did not adequately explain how those factors caused the knee condition. It affirmed denial of the claim.
W.L. and Department of the Air Force, U.S. Air Forces in Europe, Royal Air Force Base Mendenhall, England
Wrist claim returned to combine related injury files
W.L. claimed a new left wrist injury after a child struck her wrist while it was in a splint. OWCP had already accepted a related left wrist injury in a separate file. The Board could not fully assess the medical evidence without both files because physicians addressed cumulative effects of the…
R.J. and U.S. Postal Service, Processing & Distribution Center, Minneapolis, MN
Hearing abandonment and disability denial upheld
R.J. appealed a ruling that she abandoned her requested oral hearing and a denial of wage-loss compensation for June 25 through August 18, 2017. The Board upheld the abandonment ruling. It also found that her medical evidence did not establish disability during the claimed period from the accepted…
James C. Greene v. Wood Group PSN, Incorporated
Greene v. Wood Group PSN (BRB 20-0219): attorney fee agreement approved
Wood Group PSN appealed two rulings about attorney fees in James Greene's Longshore case. While the appeal was pending, the parties agreed that the employer would pay Greene's counsel $43,901.22 to resolve all fee and expense claims before Department of Labor agencies. They jointly asked the Board…
Gordon Lester Varney v. Director, Office of Workers' Compensation Programs
Varney v. Director, OWCP (BRB 19-0286 BLA): benefit denial affirmed
Gordon Varney appealed a denial of black lung benefits after a judge reconsidered medical evidence submitted after the hearing. The judge found no good cause for admitting the late material and also examined it before concluding that it did not establish complicated pneumoconiosis. The Board upheld…
Betty J. Hill, widow of Robert E. Hill, v. Island Creek Coal Company
Hill v. Island Creek Coal (BRB 19-0280 BLA): survivor benefits affirmed
Betty Hill sought survivor benefits after her husband Robert, who had been awarded black lung benefits, died. Island Creek Coal argued that the judge who awarded the miner's benefits had an invalid appointment and that the survivor benefit provision was unconstitutional. The Board found that the…
Jeffery D. Keen v. Betty Coal Company
Keen v. Betty Coal (BRB 19-0265 BLA): benefit award on modification affirmed
Jeffery Keen sought to change an earlier denial of black lung benefits after his claim returned to a judge. The judge found that later chest x-rays established complicated pneumoconiosis, which invoked an irrebuttable presumption of total disability due to the disease, and awarded benefits. Betty…
Mary Louise Scott, widow of and on behalf of Randall W. Scott, v. Miller Brothers Coal LLC
Scott v. Miller Brothers Coal (BRB 19-0241 BLA and 20-0265 BLA): miner and survivor benefits affirmed
Mary Louise Scott pursued her late husband's black lung claim and her own survivor claim. A judge credited Randall Scott with 23 years of surface coal mine work and found that at least 15 years involved regular coal mine dust exposure, allowing her to invoke the 15-year presumption. The Board…
Barry Maggard v. Kat Ran Enterprises, Incorporated
Maggard v. Kat Ran Enterprises (BRB 18-0451 BLA): employer’s reconsideration motion denied
Kat Ran Enterprises asked the Board to reconsider its September 2019 decision in Barry Maggard's black lung case. The claimant and the OWCP Director did not respond. After considering the employer's arguments, the Board found its earlier disposition consistent with the reasoning in McCauley v. DLR…
P.G. and U.S. Postal Service, Madison Post Office, Madison, TN
Medical condition claim denied for insufficient causation evidence
P.G. claimed a medical condition following a September 8, 2018 work incident. OWCP accepted that the incident occurred. The Board found that the medical evidence did not adequately explain how it caused a diagnosed condition. It affirmed the denial.
N.M. and U.S. Postal Service, Post Office, Katy, TX
Back injury claim returned to combine files and correct notice
N.M. sought compensation after reporting renewed low back pain while moving mail. OWCP converted her recurrence filing into a traumatic injury claim but did not give the required notice explaining that change. It also failed to combine the file with an earlier accepted lumbar sprain claim. The…
T.W. and U.S. Postal Service, Post Office, Ridgefield, NJ
Late reconsideration request denied
T.W. asked OWCP to reconsider an earlier decision on her back injury claim. Her request was filed outside the one-year period. The Board found that it did not show clear evidence of error sufficient to warrant review despite lateness. It affirmed OWCP’s nonmerit denial.
S.R. and U.S. Postal Service, Hellgate Station, New York, NY
Termination of wage-loss and medical benefits reversed
OWCP ended S.R.’s wage-loss compensation and medical benefits effective July 23, 2018. It relied on an impartial examiner who rejected conditions that OWCP had already accepted. The Board found that his opinion rested on an inaccurate factual basis and could not resolve the medical conflict. It…
Dade Builders Contractors, Inc.
Inspection and fall-protection citations vacated for insufficient proof
Dade Builders subcontracted a masonry crew that worked near an unprotected edge about 16 feet above ground. OSHA cited Dade as a controlling employer for inadequate jobsite inspections and lack of fall protection, proposing $13,260 in total penalties. The judge found that the Secretary did not show…
Z.B. and U.S. Postal Service, Post Office, Kingwood, TX
Wage-loss and reconsideration denials upheld
Z.B. sought wage-loss compensation for January 20 through February 2, 2018 in connection with an accepted 2014 injury. The Board found that her evidence did not establish employment-related disability during that period. It also upheld OWCP’s refusal to reopen the claim on reconsideration. Both…
Y.S. and U.S. Postal Service, Processing & Distribution Center, Jackson, MS
Schedule award denied for lack of permanent impairment proof
Y.S. sought a schedule award after an accepted foot condition. The Board found that the medical evidence did not establish permanent impairment of a covered body member or function. It affirmed OWCP’s denial of a schedule award.
B.S. and U.S. Postal Service, Post Office, De Pere, WI
Wage-loss request returned for claim development
B.S. sought wage-loss compensation after right shoulder surgery, for January 8 through 19, 2018. OWCP denied the request without sending a development letter seeking the evidence needed to decide it. The Board set aside the denial and directed OWCP to request pertinent evidence, then issue a new…
Randall Mechanical, Inc.
Late-contest ruling remanded under Eleventh Circuit precedent
Randall Mechanical filed a late notice of contest and sought relief from the resulting final order under Federal Rule of Civil Procedure 60(b)(1). An administrative law judge denied relief and dismissed the case, and the decision became final when the Commission did not direct review. The Eleventh…
Aluminum Shapes, LLC
Estoppel defense remanded for proper summary-judgment review
Aluminum Shapes and OSHA had a settlement that limited two planned monitoring inspections while allowing complaint and referral inspections. After a January 2017 inspection and later entries, OSHA issued 51 citation items with $1,922,895 in proposed penalties. Aluminum Shapes asserted equitable…
S.F. and U.S. Postal Service, Post Office, Nescopeck, PA
Vehicle incident claim denied for insufficient medical causation
S.F., a postal carrier associate, reported back, neck, and shoulder injuries after her vehicle slid off the road and hit a pole during work. OWCP accepted the November 15, 2018 incident. The Board found that the medical evidence did not adequately connect a diagnosed condition to it. It affirmed…
V.C. and U.S. Postal Service, Post Office, Tampa, FL
Existing left leg impairment award upheld
V.C. sought a larger schedule award for her left lower extremity after an accepted knee injury. She had already received an award for four percent permanent impairment. The Board found that the evidence did not establish greater impairment and affirmed OWCP’s decision.
Swix Sport USA
In re Swix Sport USA (EAB TSCA Appeal No. 20-03C): $375,625 penalty and PFAS education settlement
Swix Sport USA admitted jurisdiction, neither admitted nor denied the specific factual allegations, and consented to the terms of a settlement involving six chemicals whose identities were treated as confidential business information. EPA alleged that Swix imported the chemicals without submitting…
McIntyre v. Pope Funeral Home
Funeral home was outside consumer-finance whistleblower coverage
Rhonda McIntyre alleged that Pope Funeral Home fired her after she reported business practices she believed violated consumer-finance law. The funeral home's service agreements required payment before services, and its remedies for failed payment did not turn those agreements into loans or other…
Simpson v. Equity Transportation Co., Inc.
Brake-refusal liability affirmed and remedies narrowed
Truck driver James Simpson refused to operate an Equity Transportation truck after its antilock-brake warning returned and a repair shop said it could not fix the problem. The Board held that the refusal was protected because operating with defective brakes would violate federal rules and a…
Jeanty v. Lily Transportation Corp.
Driving refusal was not reasonably protected
Truck driver Kervin Jeanty first said he was ill or fatigued but agreed to make a second delivery after a break. Hours later, after delays preparing the truck, he refused the run because he believed it would exceed federal driving-time limits. The Board upheld findings that the initial statement…
Administrator, Wage and Hour Div. v. Integrated Geophysics, Corp.
$68,738.84 H-1B wage award affirmed
Integrated Geophysics did not pay Maria Hanciuc the required wage throughout two H-1B labor-condition-application periods. The employer did not claim that it had properly terminated her or that she voluntarily entered nonproductive status for a reason unrelated to employment, the regulation's two…
B.O. and Department of Labor, Office of Workers’ Compensation Programs, Chicago, IL
Reconsideration denial upheld
B.O. sought reconsideration of an earlier OWCP decision. The Board lacked jurisdiction to review the underlying merits because more than 180 days had elapsed before the appeal. It found that her reconsideration request did not meet a ground for reopening the case. OWCP’s nonmerit denial was…
M.D. and Department of the Treasury, Internal Revenue Service, Washington, DC
Existing right arm impairment award upheld
M.D. sought additional schedule award compensation for his right upper extremity. He had already received an award for 12 percent permanent impairment. The Board found that the evidence did not establish a greater rating and affirmed OWCP’s decision.
W.M. and U.S. Postal Service, Post Office, Earlimart, CA
Left shoulder claim denied for insufficient causal proof
W.M. claimed a left shoulder condition after an accepted February 16, 2018 work incident. The Board found that her medical evidence did not adequately establish a causal connection. It affirmed OWCP’s denial of the claim.
V.W. and Department of Veterans Affairs, Tuscaloosa Veterans Administration Medical Center, Tuscaloosa, AL
Shoulder and neck claim denied for lack of medical causation
V.W., a security clerk, claimed right shoulder and neck conditions after an August 31, 2018 work incident. OWCP accepted the incident. The Board found that her medical evidence did not adequately link either claimed condition to it. It affirmed the claim denial.
I.S. and U.S. Postal Service, Post Office, Santa Ana, CA
Wrist injury claim returned to combine prior file
I.S. claimed a right wrist injury from pushing and pulling equipment into trailers. OWCP denied the new claim after relying on diagnostic studies in an earlier accepted wrist injury file. Those studies were missing from the record sent to the Board. The Board set aside the denial and directed OWCP…
K.T. and U.S. Postal Service, Elmwood Post Office, Providence, RI
Recurrence and reconsideration denials upheld
K.T. sought compensation for a recurrence of total disability beginning April 26, 2017 after an accepted March 2017 injury. The Board found that his evidence did not establish the claimed recurrence. It also held that his reconsideration request did not warrant reopening the merits. Both OWCP…
Bloom Energy Corporation
In re Bloom Energy Corporation (EAB RCRA Appeal No. 20-01C): $210,000 penalty and compliance audit
Bloom Energy Corporation develops and operates solid oxide fuel cell systems that use desulfurization canisters containing media that can become spent and contain benzene. EPA alleged that Bloom shipped spent media from customer facilities in Pennsylvania and Maryland without preparing…
C.L. and Department of Labor, Occupational Safety & Health Administration, Atlanta, GA
Parking garage fall held outside performance of duty
C.L. slipped and fell in a parking garage serving a commercial building that housed her office and other businesses. The Board found that the garage was not shown to be principally for her agency’s employees or controlled by the agency. It held that the fall did not occur on the employer’s premises…
K.P. and U.S. Postal Service, Alexandria Main Post Office, Alexandria, LA
Knee disability recurrence claim denied
K.P., a postal carrier, claimed a recurrence of total disability beginning May 25, 2019 after an accepted 2017 knee injury. The Board found that her medical evidence did not establish that the accepted injury caused disability during the claimed period. It affirmed OWCP’s denial.
S.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Denver, CO
Travel denial upheld, benefit termination reversed
S.M. appealed both denied reimbursement for travel to medical treatment and termination of wage-loss and medical benefits. The Board found that OWCP had not abused its discretion in denying the travel claims. It reversed the benefit termination because the medical opinion relied on a smoking…
L.K. and U.S. Postal Service, Post Office, Elephant Butte, NM
Hip surgery authorization and reconsideration denials upheld
L.K. sought authorization for right hip surgery related to an accepted strain. Her surgeon and an OWCP referral physician disagreed about the need for surgery. The Board gave weight to an impartial examiner who found the proposed treatment neither necessary nor related to the accepted condition. It…
M.A. and U.S. Postal Service, Post Office, Charlotte, NC
Intermittent wage-loss claim denied
M.A., a postal mail handler, sought intermittent wage-loss compensation from January 27, 2017 through October 5, 2018 after an accepted September 2016 injury. The Board found that his evidence did not establish employment-related disability for the claimed periods. It affirmed OWCP’s denial.
L.M. and U.S. Postal Service, Dayton Processing & Distribution Center, Dayton, OH
Shoulder occupational disease claim denied
L.M., a postal expeditor, claimed bilateral shoulder injuries from her work duties. OWCP accepted the described work factors. The Board found that her medical evidence did not adequately connect the shoulder conditions to those factors. It affirmed denial of the claim.
M.W. and U.S. Postal Service, Post Office, Naperville, IL
Right ankle claim denied for insufficient medical causation
M.W., a mail processing clerk, claimed right ankle and leg injuries after an April 12, 2018 work incident. OWCP accepted the incident. The Board found that her medical evidence did not adequately explain how it caused a right ankle condition. It affirmed the claim denial.
American Federation of Government Employees, National Veterans Affairs Council #53 and United States Department of Veterans Affairs
AFGE National Veterans Affairs Council 53 and VA (FLRA 0-AR-5429): Authority denies reconsideration of bargaining ruling
The Department of Veterans Affairs implemented procedures under the Veterans Affairs Accountability and Whistleblower Protection Act without bargaining with AFGE's national council. The Authority had previously vacated an award that found no duty to bargain, holding that the Act did not resolve…
Matter of Jonathan Said Herrera-Vasquez
Unchecked Notice to Appear classification box does not require termination
The Board reviewed the termination of removal proceedings for a Honduran respondent who had been returned to Mexico under the Migrant Protection Protocols. The Notice to Appear described the removal charge and the hearing but did not check one of the three alien-classification boxes identifying the…
Diane, Wesley, Kurt and Rachel Pitre and Katie Gibbons v. Huntington Ingalls, Incorporated
Pitre survivors v. Huntington Ingalls (BRB 20-0023): dismissal of death claim affirmed
Steward Pitre's widow and children sought Longshore death benefits after his death from lung cancer, which they attributed to workplace asbestos exposure. They had also settled related claims against third parties but refused to produce the settlement agreements despite a judge's discovery order…
Sam Kallabat v. AECOM Technology, formerly McNeil Technologies, Incorporated
Kallabat v. AECOM Technology (BRB 19-0442): disability award returned for further findings
Sam Kallabat sought Defense Base Act compensation for injuries associated with a rocket attack while working in Iraq. A judge awarded compensation for his right leg and psychological conditions, and AECOM appealed several parts of that ruling. The Board upheld findings about timely filing, the…
Romel E. Johnson v. Ports America, Incorporated
Johnson v. Ports America (BRB 19-0253): denial of injury claim affirmed
Romel Johnson was injured when a train struck his car as he left a port after tying up a vessel. A judge granted the employer summary decision, finding that Johnson's paid on-call status did not bring his trip within an exception to the rule that generally excludes travel to and from work. The…
Taylor Hignite, Jr. v. ICG Hazard, LLC
Hignite v. ICG Hazard (BRB 19-0251 BLA): benefit denial affirmed
Taylor Hignite sought black lung benefits after 33 years of coal mine work and appealed without a lawyer when a judge denied his claim. The judge found that the evidence did not establish a totally disabling respiratory impairment, which was needed both for ordinary benefit entitlement and for the…
Robert Cunningham v. Prospect Mining & Development, Incorporated
Cunningham v. Prospect Mining (BRB 19-0217 BLA): benefit award affirmed
Robert Cunningham received black lung benefits after a judge found that he had over 35 years of underground coal mine work and a totally disabling respiratory impairment. Prospect Mining challenged the judge's appointment and the findings that supported the benefit award. The Board held that the…
O.E. and Department of Veterans Affairs, Captain James A. Lovell Federal Health Care Center, North Chicago, IL
Bilateral carpal tunnel claim denied
O.E., a rehabilitation technician, claimed bilateral carpal tunnel syndrome from his work duties. OWCP accepted the described duties. The Board found that the medical evidence did not adequately establish that those duties caused the condition. It affirmed the denial.
A.N. and Department of Veterans Affairs, Martinsburg Veterans Administration Medical Center, Martinsburg, WV
Repetitive work condition claim denied
A.N., a medical instrument technologist, claimed right carpal tunnel syndrome and ulnar neuropathy from repetitive imaging and scanning duties. OWCP accepted the work factors. The Board found that her medical evidence did not adequately connect the conditions to those duties. It affirmed denial of…
L.F. and U.S. Postal Service, Post Office, Mount Airy, NC
Exposure claim and reconsideration denial upheld
L.F. reported possible carbon monoxide exposure from a heater at work. The Board found that she had not established an identifiable medical condition caused by the exposure. It also upheld OWCP’s refusal to reopen the claim on reconsideration. Both decisions were affirmed.
P.J. and Department of Commerce, U.S. Patent & Trademark Office, Arlington, VA
Overpayment reconsideration denial affirmed with corrected basis
P.J. asked OWCP to reconsider a final overpayment determination. OWCP denied her request because it did not meet the ordinary reconsideration standard. The Board held that this standard does not apply to a final overpayment determination, which is reviewable only by the Board. It affirmed the…
N.M. and Department of the Army, Watervliet Arsenal, Watervliet, NY
Hip occupational disease claim denied
N.M., an arsenal machinist, claimed that repetitive strenuous work caused a left hip condition. OWCP initially found the work factors unproven, but the Board found in a 2016 appeal that the described activities occurred. The Board found that the medical evidence did not adequately establish a…
F.V. and Department of the Air Force, Tinker Air Force Base, OK
Knee impairment award upheld, surgery request returned
F.V. sought authorization for a total left knee replacement and a schedule award above the existing seven percent leg impairment rating. The Board upheld the impairment decision because the evidence did not support a higher rating. It found that the impartial examiner’s opinion on surgery was too…
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.