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.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

C.S. and U.S. Postal Service, Suburban Processing & Distribution Center, Gaithersburg, MD

C.S. (ECAB 18-1633): Shoulder claim denied for lack of reasoned medical proof

A postal tractor trailer operator said an object struck his right shoulder at work. A physician assistant and a nurse supplied two reports, while several physicians submitted reports that lacked a reasoned explanation linking the shoulder condition to the accepted incident. The Board found that the…

December 30, 2019 ·ECAB
Affirmed
COMM

C.C. and U.S. Postal Service, Post Office, Newtown, PA

C.C. (ECAB 18-0918): Upper extremity award returned for correct impairment rating

A postal worker sought a schedule award greater than five percent permanent impairment of her left upper extremity. The Board found that the existing medical ratings had not followed OWCP’s guidance for comparing diagnosis-based and range of motion methods. It set aside the award decision and…

December 30, 2019 ·ECAB
Remanded
COMM

L.E. and Department of Health & Human Services, National Institutes of Health, Bethesda, MD

L.E. (ECAB 18-0761): Emotional disability claim sent back for specialist review

An NIH biologist sought disability compensation from August 21, 2013 to January 20, 2014 for an accepted emotional condition. Her psychiatrist connected disability throughout that period, at least in part, to the accepted major depressive disorder. The Board found that the reports did not prove the…

December 30, 2019 ·ECAB
Remanded
COMM

J.P. and U.S. Postal Service, Oakland Station Post Office, Pittsburgh, PA

J.P. (ECAB 18-0349): Knee claim denied for lack of causal proof

A postal carrier said she injured her left knee after stumbling on a broken sidewalk while working. Imaging showed a meniscus tear and arthritis, but the Board found that the medical reports did not adequately explain how the accepted September 2015 incident caused her condition. It affirmed OWCP’s…

December 30, 2019 ·ECAB
Affirmed
COMM

D.B. and Department of the Army, Watervliet Arsenal, Watervliet, NY

D.B. (ECAB 18-0348): Work-related hearing loss established

An Army arsenal engineering technician claimed hearing loss from workplace noise. The Board found that three physicians gave supported opinions connecting his binaural hearing loss to accepted noise exposure, outweighing OWCP’s contrary opinion. It reversed OWCP’s denial of work causation. The…

December 30, 2019 ·ECAB
Vacated
COMM

American Federation of Government Employees, Local 1738 and United States Department of Veterans Affairs Medical Center, Salisbury, North Carolina

AFGE Local 1738 and Salisbury VA Medical Center (FLRA 0-AR-5440): Promotion-pay remedy upheld

A VA psychologist served for twelve months in a temporarily promoted GS-14 supervisory position, but a missing Professional Standards Board review prevented the promotion from becoming permanent. An arbitrator allowed the VA to rescind the promotion but barred recovery of the higher pay and…

December 30, 2019 ·FLRA
Upheld
ALJ

Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.

Settlement upheld after remand

Pete Tartaglia and Freeport-McMoRan Bagdad settled Tartaglia's discrimination complaint on the hearing record, but Tartaglia later sought to undo the agreement after the judge enforced it and dismissed the case. Following a Commission remand, Judge David P. Simonton found that Tartaglia's letter…

December 23, 2019 ·David P. Simonton ·FMSHRC
Procedural
COMM

Bell v. Bald Mountain Air Service

AIR21 settlement approved

Brian Bell alleged that Bald Mountain Air Service violated AIR21's employee-protection provisions. An ALJ found a violation and ordered relief, and the employer petitioned the Board for review. While review was pending, the parties submitted a settlement. The Board found the agreement fair…

December 23, 2019 ·DOL ARB
Settled
COMM

Sharpe v. Supreme Auto Transport

STAA dismissal affirmed

Robert Sharpe, a truck driver operating under lease agreements with Supreme Auto Transport, complained about overweight loads and refused to drive overweight. Supreme repossessed his truck after he sent an email about ending the carrier lease while he owed the company $10,880.49. The ALJ found that…

December 23, 2019 ·DOL ARB
Affirmed
COMM

E.R. and U.S. Postal Service, Post Office, San Antonio, TX

E.R. (ECAB 19-1365): Overpayment period confirmed but amount unresolved

A postal letter carrier continued receiving total disability compensation after returning to modified work in January 2019. The Board found that an overpayment existed for January 4 through February 2, 2019. It could not determine the amount because OWCP used conflicting calculations, and it left…

December 23, 2019 ·ECAB
Mixed result
COMM

E.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Dayton, OH

E.H. (ECAB 19-1282): Toe puncture accepted; other foot conditions unproved

A VA information technology specialist stepped on a nail at work and sustained a puncture wound to his right great toe. The Board found that the accepted incident caused that wound, contrary to OWCP’s denial. It found that the evidence did not establish the additional claimed right foot conditions…

December 23, 2019 ·ECAB
Modified
COMM

J.S. and Department of Agriculture, National Forest Service, Pollack Pines, CA

J.S. (ECAB 19-1226): Facial disfigurement award increase denied

A Forest Service employee sought more than $300 for a disfigurement schedule award. The Board found that the evidence did not establish entitlement to a larger payment under the FECA rule for disfigurement of the face, head, or neck. It affirmed OWCP’s award decision.

December 23, 2019 ·ECAB
Affirmed
COMM

L.H. and Smithsonian Institution, National Zoological Park, Washington, DC

L.H. (ECAB 19-1174): Late reconsideration request met clear-error standard

A Smithsonian electrician claimed a knee injury after a door struck her at work. Her reconsideration request arrived after the one-year deadline, but the Board found that her evidence raised a substantial question about OWCP’s earlier denial and demonstrated clear evidence of error. It reversed…

December 23, 2019 ·ECAB
Remanded
COMM

S.S. and Department of the Treasury, Internal Revenue Service, Houston, TX

S.S. (ECAB 19-0766): Shoulder impairment award returned for rating review

An IRS special agent sought a schedule award greater than the 15 percent right upper extremity impairment previously awarded for a shoulder injury. His physician and OWCP’s medical adviser disagreed over the range of motion rating. The Board found that the record did not support a final impairment…

December 23, 2019 ·ECAB
Remanded
COMM

M.D. and Department of the Navy, Naval Air Station, Key West, FL

M.D. (ECAB 19-0725): Reconsideration of injury claim denied

A Navy electrician sought to reopen an injury claim, arguing that an incident during physical therapy was compensable. The Board found that his request did not advance a new legal argument or supply relevant new evidence under the reconsideration rule. It affirmed OWCP’s refusal to reopen without…

December 23, 2019 ·ECAB
Affirmed
COMM

G.G. and Department of the Navy, Marine Corps Air Ground Combat Center, Twenty Nine Palms, CA

G.G. (ECAB 19-0684): One overpayment upheld and another reversed

A Navy engineering technician challenged two compensation overpayments. The Board upheld a $9,371.23 Social Security offset overpayment and its recovery through $283.50 deductions every 28 days. It reversed a separate $7,397.71 overpayment attributed to overlapping sick leave and FECA payments. The…

December 23, 2019 ·ECAB
Mixed result
COMM

R.M. and U.S. Postal Service, Post Office, Ontario, CA

R.M. (ECAB 19-0543): Hip claim reopened for merits review

A rural postal carrier attributed bilateral hip problems to repeated walking, standing, twisting, and vehicle duties. OWCP denied reconsideration of the occupational disease claim. The Board found that two newly submitted physician reports addressed the causal relationship between the accepted work…

December 23, 2019 ·ECAB
Remanded
COMM

J.H. (widow of A.H.) and Department of the Army, Army Corps of Engineers, Grapevine, TX

J.H. (widow of A.H.) (ECAB 18-1143): Death benefits claim sent back for medical development

The widow of an Army Corps employee sought death benefits after his accepted 2014 workplace fall, later shoulder surgery, infection, and treatment. A physician linked the death to complications of that treatment but did not fully explain each medical step. The Board found the opinion insufficient…

December 23, 2019 ·ECAB
Remanded
COMM

S.V. and U.S. Postal Service, Post Office, Corona, CA

S.V. (ECAB 18-0276): Knee and neck claim reopened for merit review

A postal distribution clerk had accepted neck and right knee conditions and sought expansion of her claim. On reconsideration, she submitted a physician’s new explanation relevant to the additional condition. The Board found that OWCP had improperly treated the report as cumulative and should have…

December 23, 2019 ·ECAB
Remanded
COMM

T.M. and U.S. Postal Service, Post Office, Lincoln, NE

T.M. (ECAB 18-0272): Disability recurrence claim denied

A postal worker sought compensation for a claimed recurrence of disability beginning May 17, 2013 after an accepted April 2013 injury. The Board found that her evidence did not establish that the accepted injury caused disability during the later period. It affirmed OWCP’s denial.

December 23, 2019 ·ECAB
Affirmed
ALJ

Speedy Rooter/Capital Plumbing, Inc.

Trench violations affirmed

Speedy Rooter replaced a residential sewer line using a trench more than six feet deep. The judge found that the two workers were company employees, not independent contractors, because Speedy Rooter obtained and assigned the work, paid them by the hour, and supplied tools and permits. OSHA proved…

December 23, 2019 ·Keith E. Bell ·OSHRC
Citations affirmed
COMM

United States Department of Agriculture, Office of the General Counsel

USDA Office of the General Counsel (FLRA 0-PS-45): Contract-expiration guidance denied

The Department of Agriculture asked the Authority to declare that collective-bargaining agreements expire when their basic or rollover terms end. It also sought a rule treating later rollovers as new agreements that would not delay implementation of new government-wide regulations. The Authority…

December 23, 2019 ·FLRA
Procedural
COMM

National Right to Work Legal Defense Foundation, Inc.

National Right to Work Legal Defense Foundation (FLRA 0-PS-40): Bargaining unit election guidance denied

The National Right to Work Legal Defense Foundation asked whether an election is required whenever employees are added to an existing bargaining unit. It challenged the Authority's accretion doctrine, which can permit additions without an election after changes in agency operations or organization…

December 23, 2019 ·FLRA
Procedural
COMM

D.J. and U.S. Postal Service, Eastern Shore Processing & Distribution Facility, Easton, MD

D.J. (ECAB 19-1387): Hip and back claim denied for lack of diagnosis and causation

A postal custodian reported right hip and lower back symptoms after cutting hedges at work. The Board found that the reports described pain but did not establish a diagnosed condition caused by the accepted July 2018 incident. It affirmed OWCP’s denial.

December 20, 2019 ·ECAB
Affirmed
COMM

D.P. and Department of the Air Force, Georgia Air National Guard, Robins Air Force Base, GA

D.P. (ECAB 19-1316): Head injury claim denied for lack of causal proof

An Air National Guard aircraft mechanic said a piece of metal struck the back of his head after an engine failure at work. The Board found that his medical records did not adequately explain how the accepted incident caused a diagnosed head contusion. It affirmed OWCP’s denial.

December 20, 2019 ·ECAB
Affirmed
COMM

F.C. and Department of the Air Force, Tinker Air Force Base, OK

F.C. (ECAB 19-1267): Lumbar claim denied for lack of causal proof

An Air Force aircraft engine inspector attributed a lumbar condition to work involving a ladder and engine maintenance. The Board found that the additional medical evidence did not adequately connect the accepted June 2014 incident to a diagnosed lumbar condition. It affirmed OWCP’s claim denial.

December 20, 2019 ·ECAB
Affirmed
COMM

J.B. and Department of Justice, Federal Bureau of Prisons, Petersburg, VA

J.B. (ECAB 19-1244): Overpayment upheld but fault finding reversed

A federal prison employee received FECA wage loss benefits and Social Security age-related benefits without the required offset. The Board upheld OWCP’s $5,346.28 overpayment finding for April through September 2018. It found that he was without fault, reversed OWCP’s contrary fault finding, and…

December 20, 2019 ·ECAB
Mixed result
COMM

G.R. and Department of Homeland Security, Customs & Border Protection, El Paso, TX

G.R. (ECAB 19-0940): Disability denial upheld; overpayment waiver sent back

A Customs and Border Protection clerk sought disability compensation for several November 2018 work absences after accepted carpal tunnel injuries. The Board found that she had not proved disability for those hours and upheld that denial. It also affirmed that she received a $1,605.36 overpayment…

December 20, 2019 ·ECAB
Mixed result
COMM

P.F. and Department of Commerce, Bureau of the Census, Clayton, MO

P.F. (ECAB 19-0547): Fall claim, subpoena request, and reconsideration denied

A Census field representative reported injuries after falling on stairs while working. The Board found that his evidence did not establish an injury caused by the accepted incident. It also upheld OWCP’s refusal to issue a requested subpoena and its denial of merit reconsideration. Both OWCP…

December 20, 2019 ·ECAB
Affirmed
COMM

J.G. and U.S. Postal Service, Post Office, Cleveland, OH

J.G. (ECAB 19-0466): Mail tray incident accepted; claim sent back

A postal sales and distribution associate said she hurt her right arm while lifting mail trays. OWCP rejected the incident account, but the Board found her description consistent and supported by the record. It set aside OWCP’s denial and remanded for a medical causation decision. OWCP must still…

December 20, 2019 ·ECAB
Remanded
ALJ

Secretary of Labor obo Jason Ebert v. The Marshall County Coal Company

Temporary reinstatement ordered for alleged family retaliation

Jason Ebert alleged that Marshall County Coal forced him to resign two days after hiring him because management learned that his brother was a vocal safety advocate who had filed Mine Act discrimination complaints. The company initially requested a hearing on temporary reinstatement but withdrew…

December 19, 2019 ·William B. Moran ·FMSHRC
Procedural
COMM

Bonnie Lou Collins v. Shamrock Processing Company, Incorporated and Insurance of Wausau

Collins v. Shamrock Processing (BRB 19-0193 and 18-0396 BLA): miner and survivor awards upheld

Bonnie Collins pursued her late husband's black lung claim and her own survivor claim. The labor judge found at least 24 years of qualifying coal mine work, total respiratory disability, and an unrebutted presumption of disability due to pneumoconiosis. A second judge awarded continuing survivor…

December 19, 2019 ·BRB
Affirmed
COMM

Carolyn Yates on behalf of Johnny M. Yates v. Clinchfield Coal Company and Pittston Company

Yates v. Clinchfield Coal (BRB 19-0032 BLA): benefits award affirmed

Carolyn Yates pursued Johnny Yates's black lung claim. The labor judge accepted the employer's concession of 27 years of underground coal mine work, found total respiratory disability, and applied the statutory presumption. Clinchfield argued that obesity and an elevated diaphragm explained the…

December 19, 2019 ·BRB
Affirmed
COMM

Rick J. Martin v. Sundial Marine Tug & Barge Works, Inc. and SAIF Corporation

Martin v. Sundial Marine Tug & Barge (BRB 19-0009): benefits decision affirmed on reconsideration

Rick Martin sought reconsideration of the Board's earlier decision concerning benefits for his work injuries. The Board vacated its July 8, 2019 decision to address the record again. It found that the employer was not liable for a disputed surgery and upheld the labor judge's findings about…

December 19, 2019 ·BRB
Affirmed
COMM

Rebecca Jean Riley v. Island Creek Coal Company

Riley v. Island Creek Coal (BRB 18-0375 BLA): survivor benefits denial upheld

Rebecca Riley sought modification of a denied survivor claim after her husband's death. The labor judge accepted that the miner had coal workers' pneumoconiosis but found that the medical evidence did not show it contributed to his death. The Board upheld her weighing of the medical opinions and…

December 19, 2019 ·BRB
Affirmed
COMM

Cheeley v. IESI Progressive Waste Solutions

STAA complaint denied

Cedric Cheeley drove a rear-load garbage truck for Progressive Waste during a probationary training period. He raised concerns about truck speed, overweight vehicles, and fatigue, then alleged that the company fired him for those reports. The ALJ found some reports protected but concluded that they…

December 19, 2019 ·DOL ARB
Affirmed
COMM

Barboza v. BNSF Railway Co.

Untimely FRSA complaint dismissed

Robert Barboza alleged that BNSF Railway retaliated against him for protected activity under the Federal Rail Safety Act. The ALJ granted summary decision because Barboza did not identify any adverse action occurring within the 180-day filing period. The Board found the ruling reasoned and…

December 19, 2019 ·DOL ARB
Affirmed
COMM

Peck v. Nuclear Regulatory Commission

Sovereign immunity barred ERA complaint

Michael Peck alleged that the Nuclear Regulatory Commission retaliated against him by not selecting him for a Senior Resident Inspector position. The ALJ dismissed the Energy Reorganization Act complaint because the United States had not waived sovereign immunity for that claim. An en banc Board…

December 19, 2019 ·DOL ARB
Affirmed
COMM

L.W. and U.S. Postal Service, Post Office, Bedford, OH

L.W. (ECAB 19-1367): Two shoulder claim reconsideration requests denied

A postal clerk said she hurt her right shoulder while pushing a shifting stack of parcels. OWCP denied the underlying claim, and she later made two requests for reconsideration. The Board upheld the refusal to reopen on the first request and found the second request late without clear evidence of…

December 19, 2019 ·ECAB
Affirmed
COMM

T.F. and U.S. Postal Service, National Print Center, Topeka, KS

T.F. (ECAB 19-1361): Hearing loss claim denied despite workplace noise

A postal print line operator attributed binaural hearing loss to decades of press and machinery noise. The medical evaluations differed about whether the hearing loss was caused by that exposure. The Board found that the evidence did not establish the required causal connection to accepted work…

December 19, 2019 ·ECAB
Affirmed
COMM

M.G. and U.S. Postal Service, International Service Center, Chicago, IL

M.G. (ECAB 19-1199): Arm condition claim denied for lack of causal proof

A postal mail processing clerk reported tingling and lower arm symptoms while operating a parcel sorting machine. The Board found that a physician’s checked-box statement and other reports did not adequately explain how the accepted August 2018 incident caused an upper extremity condition. It…

December 19, 2019 ·ECAB
Affirmed
COMM

N.C. and Department of Homeland Security, Transportation Security Administration, Chicago, IL

N.C. (ECAB 19-1191): Shoulder and neck claim denied for lack of causal proof

A TSA screener said a supervisor pulled her right arm at work, injuring her neck and shoulder. She had earlier accepted right shoulder claims. The Board found that the treating chiropractor had not diagnosed a spinal subluxation shown by X-ray, so his reports had no probative value under FECA. It…

December 19, 2019 ·ECAB
Affirmed
COMM

H.S. and Department of the Army, University of Wisconsin-Whitewater, Whitewater, WI

H.S. (ECAB 19-1183): Army officer did not qualify as a FECA employee

A commissioned Army second lieutenant reported a back injury during a physical fitness test at a university ROTC facility. The Board found that he had already been commissioned and was not an ROTC cadet covered under the FECA employee definition for that activity. It affirmed OWCP’s denial without…

December 19, 2019 ·ECAB
Affirmed
COMM

S.O. and Department of the Army, U.S. Army Garrison, Fort Bliss, TX

S.O. (ECAB 19-0917): Shoulder occupational disease claim found timely

An Army police officer claimed shoulder arthritis related to years of defensive tactics and other training. OWCP denied the occupational disease claim as late. The Board found that he remained exposed to the implicated work factors until January 2018, making his April 2018 filing timely under the…

December 19, 2019 ·ECAB
Remanded
COMM

C.M. and U.S. Postal Service, Post Office, Erie, CO

C.M. (ECAB 19-0264): Left carpal tunnel claim denied for lack of causal proof

A rural postal carrier claimed left carpal tunnel syndrome from handling mail, including work she performed while compensating for earlier right arm injuries. The Board found that her medical reports did not adequately explain how the accepted work factors caused the left-sided condition. It…

December 19, 2019 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Oakland, CA

D.M. (ECAB 18-0844): Muscle and joint claim denied; reconsideration refused

A postal carrier attributed muscle spasms and back and joint pain to her work. The Board found that the medical evidence did not establish a diagnosed condition caused by accepted work factors. It also upheld OWCP’s refusal to reopen the claim for merit reconsideration. Both OWCP decisions were…

December 19, 2019 ·ECAB
Affirmed
COMM

United States Department of the Air Force, 377 Aerospace Medicine Squadron, Kirtland Air Force Base, New Mexico and American Federation of Government Employees, Local 2263

Kirtland Air Force Base and AFGE Local 2263 (FLRA 0-AR-5464): Late exceptions dismissed

The Air Force filed exceptions to an arbitration award nearly four months after the statutory deadline. It explained that a paralegal had said the exceptions were mailed, but the papers were later found in a recycling bin behind an agency facility. The Authority held that the thirty-day period for…

December 19, 2019 ·FLRA
Procedural
COMM

Terry D. Reese v. Virginia International Terminals, LLC and CP & O, LLC

Reese v. Virginia International Terminals (BRB 19-0518): discovery appeal dismissed

Terry Reese appealed a labor judge's protective order concerning discovery about past settlement mediations in several Longshore Act claims. Virginia International Terminals moved to dismiss the appeal as interlocutory. The Board held that the protective order could be reviewed after a final…

December 18, 2019 ·BRB
Procedural
COMM

John Miken v. ICTSI Oregon, Inc. and Signal Mutual Indemnity Association

Miken v. ICTSI Oregon (BRB 19-0119, 19-0119A): partial disability award added

John Miken appealed parts of an award for workplace injuries, and the employer and carrier cross-appealed. The Board upheld the labor judge’s rulings on disputed medical and compensation issues. It found that Miken was also entitled to temporary partial disability compensation for July 20 through…

December 18, 2019 ·BRB
Modified
COMM

John Miken v. ICTSI Oregon, Incorporated and Signal Mutual Indemnity Association

Miken v. ICTSI Oregon (BRB 19-0119 and 19-0119A): reconsideration denied

John Miken asked the Board to reconsider its decision in his longshore appeals involving ICTSI Oregon and Signal Mutual. No panel member voted to vacate or modify the earlier decision. The Board therefore denied reconsideration and affirmed that decision. This short order does not restate or newly…

December 18, 2019 ·BRB
Procedural
COMM

Sherman Reagan, Jr. v. Director, Office of Workers’ Compensation Programs

Reagan v. Director, OWCP (BRB 19-0050 BLA): mine work findings sent back

Sherman Reagan challenged the denial of his black lung benefits claim. The labor judge credited him with eleven years of coal mine work, but the Board found that she had not adequately addressed evidence of additional work. That evidence could establish more than fifteen years and affect whether…

December 18, 2019 ·BRB
Remanded
COMM

Ricky W. Kelly v. North Fork Coal Corporation and Brickstreet Mutual Insurance

Kelly v. North Fork Coal (BRB 19-0014 BLA): benefits denial upheld

Ricky Kelly appealed the denial of his black lung benefits claim. The Board upheld the labor judge’s findings that he had not established complicated pneumoconiosis or a totally disabling respiratory impairment. Without proof of total disability, Kelly could not invoke the fifteen-year presumption…

December 18, 2019 ·BRB
Affirmed
COMM

Billy Lucas v. J & V Coal Company, Inc.

Lucas v. J & V Coal (BRB 18-0604 BLA): benefits denial upheld

Billy Lucas appealed the denial of his black lung benefits claim and the denial of reconsideration. The labor judge found that he had a totally disabling respiratory impairment but had not shown that his disability was caused by pneumoconiosis. The Board upheld the judge’s weighing of the medical…

December 18, 2019 ·BRB
Affirmed
COMM

W.B. and Social Security Administration, Lakewood Social Security Office, Lakewood, CA

W.B. (ECAB 19-1775): Wage loss claim returned for available-work inquiry

A Social Security service representative sought wage loss for several periods after an accepted injury affecting his back, neck, and lower extremities. Medical reports imposed work restrictions, but OWCP had not asked the employer whether suitable work was available during the claimed periods. The…

December 18, 2019 ·ECAB
Remanded
COMM

E.H. and U.S. Postal Service, Post Office, Aberdeen, MD

E.H. (ECAB 19-1352): Continuing disability claim denied after benefits termination

A postal rural carrier sought to establish disability after OWCP terminated wage loss benefits for an accepted 2015 injury. An earlier Board decision had upheld the termination. The Board found that her newer medical reports did not establish continuing disability caused by the accepted injury…

December 18, 2019 ·ECAB
Affirmed
COMM

E.G. and U.S. Postal Service, Post Office, Raleigh, NC

E.G. (ECAB 19-1296): Knee occupational disease claim sent back for medical review

A postal letter carrier attributed knee conditions to his work duties. His physician described a possible physiological connection between the accepted duties and the diagnosed conditions, while also discussing earlier knee problems. The Board found that the report did not prove the claim but…

December 18, 2019 ·ECAB
Remanded
COMM

B.J. and Department of Veterans Affairs, Sepulveda Ambulatory Care Center, North Hills, CA

B.J. (ECAB 19-1099): Workplace fall established; medical causation remanded

A VA nursing assistant claimed a left quadriceps injury while walking toward the parking lot during a paid lunch break. OWCP denied the claim because the cause of his fall was unclear and he had not answered its questionnaire. The employer argued that the paid lunch break put the event outside the…

December 18, 2019 ·ECAB
Remanded
COMM

T.R., estate of C.R., and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL

T.R., estate of C.R., (ECAB 19-0659): Estate schedule award claim reopened

The estate of a VA maintenance mechanic sought reconsideration of a schedule award issue involving accepted knee and shoulder conditions. Its representative argued that OWCP had relied on an incomplete impairment evaluation and failed to develop the award claim. The Board found this a new, relevant…

December 18, 2019 ·ECAB
Remanded
COMM

P.D. and U.S. Postal Service, Bulk Mail Center, Atlanta, GA

P.D. (ECAB 19-0541): Termination of shoulder and back benefits reversed

A postal worker had several accepted shoulder and spine conditions across combined claims. OWCP terminated wage loss and medical benefits based on a physician opinion using an incomplete statement of accepted facts. The Board found that the omission undermined the opinion and that OWCP had not met…

December 18, 2019 ·ECAB
Vacated
COMM

K.B. and Department of Defense, Defense Logistics Agency, New Cumberland, PA

K.B. (ECAB 19-0398): Back claim denied for lack of causal proof

A Defense Logistics Agency distribution worker said he hurt his back after slipping on ice while shoveling snow at work. The Board found that his physicians did not adequately explain how the accepted March 2017 incident caused or aggravated a lumbar condition, including in light of earlier back…

December 18, 2019 ·ECAB
Affirmed

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.