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

Justin Evdell Johnson v. ICG Knott County LLC and Arch Coal Incorporated

Johnson v. ICG Knott County (BRB 18-0577 BLA): Benefits award remanded for new disability findings

Justin Johnson sought black lung benefits after 31 years of underground coal mine work. A labor judge awarded benefits after finding a totally disabling breathing impairment and applying the statutory fifteen-year presumption. The employer challenged the judge's appointment and the medical…

October 31, 2019 ·BRB
Remanded
COMM

Sonny Brock v. Straight Creek Mining and Old Republic Insurance Company

Brock v. Straight Creek Mining (BRB 18-0398 BLA): benefits denial remanded for disability review

Sonny Brock filed another black lung benefits claim after more than twenty years of surface coal mine work. An administrative law judge denied it after finding that Brock had not established a totally disabling respiratory impairment. The Board held that the judge had given too much weight to the…

October 31, 2019 ·BRB
Remanded
COMM

Cerny v. Triumph Aerostructures-Vought Aircraft Division

AIR21 complaint denied

Aircraft stress engineer Jiri Cerny alleged that Triumph Aerostructures retaliated against him for raising air-safety concerns. The Board held that Cerny forfeited challenges involving three categories of alleged protected activity because he did not develop those arguments on appeal. It affirmed…

October 31, 2019 ·DOL ARB
Affirmed
COMM

Buie v. Spee-Dee Delivery Service, Inc.

STAA complaint denied

Christopher Buie drove a package-delivery route for Spee-Dee and alleged that the company fired him for complaining that he would need to speed to finish on time. The ALJ found that Spee-Dee had a clear anti-speeding policy, enforced it, limited vehicle speeds, and demonstrated that the route could…

October 31, 2019 ·DOL ARB
Affirmed
COMM

Davenport v. LTI Trucking Services Inc.

Blacklisting findings required

Wyatt Davenport reported physical symptoms that he associated with odors in trucks assigned by LTI Trucking Services. The ALJ found that his reports were protected but that the company did not discharge him when it sent him home until he was medically cleared to drive. Davenport also repeatedly…

October 31, 2019 ·DOL ARB
Remanded
COMM

Hoptman v. Health Net of California

SOX summary decision affirmed

David Hoptman alleged that Health Net fired him while he was investigating member overpayments and preparing to report fraud. He privately texted a plan member about obtaining a HIPAA release, contacting a state agency, and sharing a possible reward, while his statements to a manager mentioned back…

October 31, 2019 ·DOL ARB
Affirmed
COMM

Roy J. McKenzie v. White Ash Mining Company and Old Republic Insurance Company

McKenzie v. White Ash Mining (BRB 18-0603 BLA): Benefits denial remanded for complete medical evaluation

Roy McKenzie appealed the denial of his black lung benefits claim. The judge had found clinical pneumoconiosis and a totally disabling breathing impairment but had not found that the disease caused the disability. The Board upheld several findings about the existing medical opinions and rejected…

October 30, 2019 ·BRB
Remanded
COMM

Donald Collins v. A & G Coal Corporation and American International South Insurance Company

Collins v. A & G Coal (BRB 18-0482 BLA): Black lung benefits denial upheld

Donald Collins appealed the denial of his black lung claim after at least 24 years of surface coal mine work. The judge found proof of regular coal dust exposure for only 10 of those years, short of the 15 years needed for the statutory presumption. The Board agreed because the record did not…

October 30, 2019 ·BRB
Affirmed
COMM

Michael R. Robbins v. United Castle Coal Company and Old Republic Insurance Company

Robbins v. United Castle Coal (BRB 18-0402 BLA): Benefits denial sent for a new hearing

Michael Robbins appealed the denial of his black lung benefits claim without a lawyer. The Board asked whether he wanted it to consider the effect of the Supreme Court's Lucia appointment decision, and he said yes. The judge had heard testimony and admitted evidence before the Secretary of Labor…

October 30, 2019 ·BRB
Remanded
COMM

Seuring v. Delta Airlines, Inc.

Late review petition denied

An ALJ denied Carl Seuring's AIR21 discrimination complaint and explained what a petition for Board review had to contain. Seuring requested more time to find counsel, and the Board granted an extension with a warning that failure to file a compliant petition by October 9, 2019, would result in…

October 30, 2019 ·DOL ARB
Procedural
ALJ

Tony Watson, d/b/a Countryside Tree Service

Willful woodchipper and PPE violations affirmed

Countryside Tree Service used a five-person crew at three residential tree-removal sites. A 23-year-old employee with no tree-service experience was killed after becoming ensnared in a woodchipper on his first day of work. The judge found that the owner allowed two inexperienced employees to feed…

October 30, 2019 ·William S. Coleman ·OSHRC
Modified
COMM

United States Department of Veterans Affairs, Northern California Health Care System, Mather, California and American Federation of Government Employees, Local 1206

VA Northern California and AFGE Local 1206 (FLRA 0-AR-5442): Exceptions dismissed as untimely

The VA used UPS to file exceptions to an attorney-fee award on the last permissible day. Its internal report and shipping label showed preparation on December 3, but UPS tracking showed the package as shipped on December 4. After an order to show cause, the agency did not provide a UPS record…

October 30, 2019 ·FLRA
Procedural
COMM

Jeanne Johnston (widow of Roy Johnston) v. Hayward Baker, Kemper Insurance Company, and Lumberman’s Mutual Casualty Company

Johnston v. Hayward Baker (BRB 19-0140 and 19-0140A): Attorney fee award upheld

Jeanne Johnston's counsel and the employer filed opposing appeals from a district director's award of attorney fees and costs after litigation over disability and death benefits. Counsel had requested $151,645 in fees plus costs, and the director awarded $135,727.90 in fees and $5,270.40 in costs…

October 29, 2019 ·BRB
Affirmed
COMM

John Osborne v. Eagle Coal Company, Incorporated, and Security Insurance Company of Hartford

Osborne v. Eagle Coal (BRB 18-0526 BLA): Benefits denial returned for disability analysis

John Osborne appealed a second denial of his black lung claim after an earlier Board remand. The judge again denied benefits, finding that Osborne had not proved a totally disabling respiratory impairment. The Board upheld the judge's assessment of the blood gas studies but found errors in how he…

October 29, 2019 ·BRB
Remanded
COMM

Robert E. Noble v. Mountain Coals Corporation

Noble v. Mountain Coals (BRB 18-0448 BLA): Benefits denial vacated for a new hearing

Robert Noble appealed the denial of his black lung claim without a lawyer. The Board asked whether he wanted it to consider a Supreme Court decision concerning the appointment of administrative law judges, and he said yes. The judge had admitted the exhibits and closed the record before the…

October 29, 2019 ·BRB
Remanded
COMM

A.P. and U.S. Postal Service, International Service Center, John F. Kennedy International Airport, Jamaica, NY

19-1158 (ECAB): Back condition claim denied for lack of medical explanation

A.P., a postal mail handler, claimed that repetitive work caused or worsened a back condition. OWCP accepted the described work factors but denied the claim for lack of medical proof linking them to a diagnosed condition. The Board found that the treating physician’s checkmark and later reports did…

October 29, 2019 ·ECAB
Affirmed
COMM

V.A. and U.S. Postal Service, Post Office, Miami, FL

19-1123 (ECAB): Claimed 2011 disability lacked a link to accepted 2007 injury

V.A., a postal letter carrier, had an accepted injury from a 2007 vehicle collision and later sought wage-loss compensation for January 15 through May 7, 2011. The Board found that her medical reports did not explain how that accepted injury caused disability during the claimed period. Her…

October 29, 2019 ·ECAB
Affirmed
COMM

V.B. and U.S. Postal Service, Post Office, Sunrise, FL

19-1082 (ECAB): Overpayment upheld, fault finding set aside

V.B., a postal employee, received FECA wage-loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board agreed that the overlap created a $48,649.60 overpayment for January 1, 2012 through February 3, 2018. It found that OWCP had not…

October 29, 2019 ·ECAB
Mixed result
COMM

M.S. and U.S. Postal Service, Processing & Distribution Center, Redding, CA

19-1011 (ECAB): Bilateral shoulder impairment awards upheld

M.S., a postal employee with accepted bilateral shoulder conditions, sought larger schedule awards for permanent arm impairment. The Board compared the medical ratings under both range-of-motion and diagnosis-based methods. It found that the district medical adviser correctly used the higher rating…

October 29, 2019 ·ECAB
Affirmed
COMM

S.D. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

19-0618 (ECAB): Duplicate schedule award debt upheld, waiver reconsidered

S.D., an Air Force sheet metal mechanic, received two overlapping schedule awards for leg impairment. The Board agreed that the duplicate compensation created a $20,379.34 overpayment and that she was without fault. OWCP’s waiver review used inconsistent expense figures and did not resolve her…

October 29, 2019 ·ECAB
Mixed result
COMM

L.A. and Department of Homeland Security, Immigration & Customs Enforcement, San Francisco, CA

19-0471 (ECAB): Late reconsideration request rejected

L.A., a federal criminal investigator, asked OWCP to reconsider its 1998 denial of his emotional condition claim. OWCP received the request in 2018, well beyond the one-year deadline. The Board found that the court orders he submitted concerned later employment events and did not show clear error…

October 29, 2019 ·ECAB
Affirmed
COMM

Z.L. and U.S. Postal Service, Post Office, Pittsburgh, PA

18-0850 (ECAB): Shoulder impairment rating returned for complete measurements

Z.L., a postal window clerk with accepted bilateral shoulder injuries, sought a larger schedule award. Her physician’s range-of-motion measurements were inconsistent, and the district medical adviser used only the diagnosis-based method. The Board found that OWCP should have requested a…

October 29, 2019 ·ECAB
Remanded
COMM

Shahwali Shah v. Worldwide Language Resources, Incorporated, and Allied World National Assurance Company/Broadspire

Shah v. Worldwide Language Resources (BRB 19-0374): Attorney fee order modified

Shahwali Shah and the employer agreed to change the hourly rate for attorney Jeffrey Winter's work before the labor judge to $425. The Board granted that request, which the parties said would add $4,316 to the fee, and upheld the rest of the judge's fee award. It also considered counsel's request…

October 28, 2019 ·BRB
Modified
COMM

Milton Conley, Jr. v. ICG Knott County, LLC

Conley v. ICG Knott County (BRB 18-0574 BLA): Black lung benefits award upheld

Milton Conley's black lung claim returned to a labor judge after an earlier Board appeal raised questions about proof of total disability. On remand, a different judge relied on a September 2014 blood gas study, medical opinions, and Conley's testimony to find that his respiratory impairment was…

October 28, 2019 ·BRB
Affirmed
COMM

L.W. and Federal Judiciary, District of Columbia Superior Court, Washington, DC

19-1186 (ECAB): Late request did not reopen wrist claim

L.W., a court deputy clerk, sought reconsideration of OWCP’s 2017 denial of a wrist injury claim. OWCP received her request in December 2018, more than one year after its last merit decision. The new medical reports discussed repetitive work duties but did not show clear error in the denial of a…

October 28, 2019 ·ECAB
Affirmed
COMM

D.L. and U.S. Postal Service, Post Office, Elk Grove Village, IL

19-0900 (ECAB): Total disability claim lacked medical explanation

D.L., a postal letter carrier with accepted neck and arm conditions, sought wage-loss compensation for a period of total disability. Her physician said she could not work but did not explain why the accepted conditions prevented her from performing the part-time modified job she held before…

October 28, 2019 ·ECAB
Affirmed
COMM

K.C. and Federal Judiciary, U.S. Probation & Pretrial Services Office, Springfield, MO

19-0834 (ECAB): Shoulder injury claim lacked reasoned causation evidence

K.C., a federal probation clerk, reported worse neck, shoulder, and arm symptoms after moving a heavy bin at work. OWCP accepted that the incident occurred but found the medical evidence insufficient to establish a related condition. The Board found that the physicians did not adequately explain…

October 28, 2019 ·ECAB
Affirmed
COMM

S.J. and U.S. Postal Service, Processing & Distribution Center, Trenton, NJ

19-0623 (ECAB): Leg impairment dispute sent for impartial examination

S.J., a postal employee, sought a larger schedule award for his right leg. His physician and OWCP’s medical adviser disagreed sharply over impairment from an accepted lumbar condition, though they agreed on the hip component. The Board found a conflict in medical opinion that required an impartial…

October 28, 2019 ·ECAB
Remanded
COMM

K.C. and Department of the Army, Medical Command, Fort Knox, KY

18-1115 (ECAB): Late request did not reopen suspended benefits

OWCP suspended K.C.’s compensation in 2012 after she did not attend a directed medical examination. She requested reconsideration in 2018, after the one-year deadline. The Board found that her later medical reports and statements did not show that OWCP’s suspension was wrong when issued or that her…

October 28, 2019 ·ECAB
Affirmed
COMM

G.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI

18-0911 (ECAB): Fall from ladder did not establish compensable injury

G.S., a VA insulator, reported falling from a ladder at work and injuring his ribs and other areas. OWCP accepted the incident but denied the injury claim. The Board found that the physician’s reports named rib pain and contusion without explaining how the fall caused the diagnosed condition…

October 28, 2019 ·ECAB
Affirmed
COMM

R.P. and Department of Agriculture, Office of the Secretary, Washington, DC

18-0909 (ECAB): Accident claim returned for review of witness evidence

R.P., a Department of Agriculture employee, claimed injuries from a work-related vehicle accident. OWCP denied the claim and later denied reconsideration. The Board found that OWCP had not addressed a witness statement submitted before its original decision. It also noted that a development letter…

October 28, 2019 ·ECAB
Remanded
ALJ

FreightCar America, Inc.

Railcar assembly hazard citation vacated

Workers assembled railcars by positioning top-heavy end panels with a crane and securing them to side panels with corner pins. An end panel fell after the crane was detached and an employee removed the remaining pins, seriously injuring two workers. The judge found that FreightCar America was…

October 28, 2019 ·Sharon D. Calhoun ·OSHRC
Citations vacated
COMM

M.S. and U.S. Postal Service, Post Office, Cleveland, OH

18-0656 (ECAB): Shoulder rating returned for valid motion measurements

M.S., a postal city carrier with accepted shoulder and neck conditions, sought a larger schedule award. Her physician reported shoulder motion measurements, but the record did not show the three independent measurements required by FECA Bulletin No. 17-06. The Board held that OWCP needed valid…

October 28, 2019 ·ECAB
Remanded
COMM

D.B. and Department of Homeland Security, Transportation Security Administration, Chicago, IL

18-0409 (ECAB): Arm impairment rating returned for both methods

D.B., a TSA employee, sought a larger schedule award for left arm impairment. After an earlier Board remand, OWCP’s medical adviser rated her shoulder and elbow conditions but did not complete the required comparison of diagnosis-based and range-of-motion methods. The Board found the rating report…

October 28, 2019 ·ECAB
Remanded
COMM

Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON

Matter of Thomas and Thompson (BIA ID 3966): sentence-alteration rule changed

The Attorney General reviewed two cases involving lawful permanent residents whose state-court sentences were later modified or clarified after immigration proceedings began. The decision overruled the prior tests in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada, and extended the…

October 25, 2019 ·BIA
Remanded
COMM

Matter of CASTILLO-PEREZ

Repeated DUI convictions weigh against cancellation

The Attorney General reviewed the cancellation-of-removal case of a Mexican respondent who had lived in the United States since 1997, worked as a mason, and had two convictions for driving under the influence. The decision held that two or more DUI convictions during the relevant period create a…

October 25, 2019 ·BIA
Affirmed
COMM

Steve B. Conley v. National Mines Corporation and Old Republic Insurance Company

Conley v. National Mines (BRB 18-0585 BLA): Attorney fee award upheld

After Steve Conley's black lung benefits award, his counsel requested fees and expenses for work before the labor judge. The judge reduced some hourly rates and billed time, then awarded $13,043.56 in total. The employer argued that the principal attorney's $350 hourly rate lacked market support…

October 25, 2019 ·BRB
Affirmed
COMM

Donley F. Underwood v. Quarto Mining Company and Consol Energy, Incorporated

Underwood v. Quarto Mining (BRB 18-0555 BLA): Black lung benefits award upheld

Donley Underwood was awarded black lung benefits after at least 21 years of underground mine work and a finding of total respiratory disability. The employer challenged the ruling that it had not rebutted the statutory presumption that pneumoconiosis caused the disability. The Board held that the…

October 25, 2019 ·BRB
Affirmed
COMM

Timothy Lewis v. Dixie Fuel Company, LLC

Lewis v. Dixie Fuel (BRB 18-0553 BLA): Black lung benefits award upheld

Timothy Lewis received black lung benefits after a labor judge found complicated pneumoconiosis. That finding invoked the statutory presumption of total disability due to the disease. The employer challenged the judge's assessment of x-rays, a biopsy, and CT and PET scans. The Board held that the…

October 25, 2019 ·BRB
Affirmed
COMM

R.P. and U.S. Postal Service, Processing & Distribution Center, Orlando, FL

19-1118 (ECAB): Whole-body rating did not establish schedule award

R.P., a postal employee, sought a schedule award for permanent impairment associated with lumbar radiculopathy. Her physician reported a five percent whole-body impairment. The Board found that FECA schedule awards require impairment of a scheduled member or function, and the record did not…

October 25, 2019 ·ECAB
Affirmed
COMM

R.B. and U.S. Postal Service, Post Office, Chicago, IL

19-1032 (ECAB): Continuing disability after benefits termination unproved

R.B., a postal letter carrier, sought benefits for ongoing effects of a 1990 ankle injury after OWCP ended her compensation in 2015. The Board had previously affirmed that termination, so the current appeal concerned claimed disability after it. Her doctor’s reports continued to dispute the…

October 25, 2019 ·ECAB
Affirmed
COMM

D.R. and Department of Veterans Affairs, Hunter Holmes McGuire Hospital, Richmond, VA

19-0954 (ECAB): Knee claim lacked reasoned medical causation evidence

D.R., a VA nursing assistant, reported a right knee injury after fainting during workplace CPR training. OWCP accepted the May 31, 2017 incident but denied the injury claim. A physician diagnosed knee conditions and later said the work accident caused them, but did not explain the medical…

October 25, 2019 ·ECAB
Affirmed
COMM

V.G. and U.S. Postal Service, James A. Farley Post Office, New York, NY

19-0908 (ECAB): Shoulder occupational disease claim denied

V.G., a postal clerk with earlier shoulder problems, claimed that repetitive reaching to answer telephones caused or worsened bilateral shoulder conditions. OWCP accepted the described work factors but denied the claim. The Board found that the medical reports described conditions and symptoms…

October 25, 2019 ·ECAB
Affirmed
COMM

J.F. and U.S. Postal Service, Post Office, Chicago, IL

19-0864 (ECAB): Information clerk wage capacity reduction upheld

J.F., a postal city carrier, challenged OWCP’s finding that she could earn wages as an information clerk. Her treating physician said she could perform sedentary work with a 10-pound lifting limit. The Board found that the selected position fit those restrictions and that OWCP properly used it to…

October 25, 2019 ·ECAB
Affirmed
COMM

K.S. and Department of Commerce, U.S. Census Bureau, Eureka, CA

19-0678 (ECAB): Part-time information clerk wage capacity upheld

K.S., a former Census Bureau recruiting assistant, challenged OWCP’s assessment of her wage-earning capacity. A referral physician found that she could do sedentary desk work for four hours a day with limits on lifting, sitting, standing, and driving. The Board found that OWCP’s selected…

October 25, 2019 ·ECAB
Affirmed
COMM

D.W. and U.S. Postal Service, Post Office, Clearwater, FL

18-0346 (ECAB): Elbow tendinitis claim lacked work-causation opinion

D.W., a postal letter carrier, attributed right elbow tendinitis to repetitive vehicle and mailbox duties. OWCP accepted the described tasks but denied the occupational disease claim. Her physician diagnosed tendinitis and described overuse, yet marked that it did not arise from her employment. An…

October 25, 2019 ·ECAB
Affirmed
COMM

James W. Casto (deceased) v. Princess Susan Coal Company and West Virginia Coal Workers’ Pneumoconiosis Fund

Casto v. Princess Susan Coal (BRB 18-0600 BLA): Black lung benefits award upheld

James Casto was awarded black lung benefits after a labor judge found chronic obstructive lung disease and low blood oxygen partly caused by coal mine dust exposure, and found that the disease substantially contributed to his disability. The employer challenged the diagnosis and causation findings…

October 24, 2019 ·BRB
Affirmed
COMM

Tran v. Southern California Edison Co.

Nuclear whistleblower complaint dismissed as untimely

Former Southern California Edison employee Vi Tran alleged that his long-term disability benefits were reduced because he reported data falsification at the San Onofre Nuclear Generating Station. His benefits appeal was denied in June 2004, but he did not file an Energy Reorganization Act…

October 24, 2019 ·DOL ARB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Irmo, SC

19-1014 (ECAB): Termination of back injury benefits reversed

J.W., a postal employee with an accepted lumbar strain, challenged OWCP’s termination of her compensation and medical benefits. OWCP relied on a second-opinion examiner who called the strain resolved but also described continuing back pain as a consequence of it. The Board found that the report did…

October 24, 2019 ·ECAB
Vacated
COMM

M.M. and Department of Homeland Security, U.S. Customs & Border Protection, Wilcox, AZ

19-0951 (ECAB): Ankle and foot claim expansion denied

M.M., a Customs and Border Protection employee, asked OWCP to expand an accepted 2017 injury claim to include additional right ankle and foot conditions. The Board found that reports diagnosing a calcaneal fracture did not state whether the accepted incident caused it. Other reports from nurses…

October 24, 2019 ·ECAB
Affirmed
COMM

B.H. and U.S. Postal Service, Mid-Missouri Processing & Distribution Facility, Columbia, MO

19-0950 (ECAB): Knee injury claim returned for specialist review

B.H., a postal mail processing clerk, fell onto a concrete floor at work and sought acceptance of a left knee condition. OWCP denied the claim despite reports from two physicians explaining how the fall could aggravate a preexisting knee problem. The Board found those opinions sufficient to require…

October 24, 2019 ·ECAB
Remanded
COMM

D.E. and U.S. Postal Service, North Houston Processing & Distribution Center, North Houston, TX

19-0655 (ECAB): Emotional condition claim not reopened

D.E., a postal supervisor, requested reconsideration of OWCP’s denial of her emotional condition claim. The request was timely, but the Board found that her letter repeated arguments OWCP had already considered. It did not show a legal error, present a new relevant argument, or provide pertinent…

October 24, 2019 ·ECAB
Affirmed
COMM

L.F. and U.S. Postal Service, Post Office, North Metro, GA

19-0519 (ECAB): Disability recurrence claim returned for work-status facts

L.F., a postal employee with an accepted injury, claimed a recurrence of total disability beginning April 7, 2014. The record did not show whether her modified-duty assignment had been withdrawn or her medical restrictions had worsened. The Board found that OWCP needed work-status information from…

October 24, 2019 ·ECAB
Remanded
COMM

M.L. and Department of Justice, U.S. Marshals Service, Tulsa, OK

19-0361 (ECAB): Work incident established, medical causation sent back

M.L., a Justice Department budget analyst, reported sudden back pain while passing files across a desk at work. OWCP rejected the incident as unproven. The Board found her detailed account consistent with her supervisor’s statements and medical history, and established that the incident happened in…

October 24, 2019 ·ECAB
Remanded
COMM

K.W. and U.S. Postal Service, Post Office, Brooklyn, NY

18-0490 (ECAB): Benefit suspension for missed examination upheld

K.W., a postal carrier assistant with accepted neck and back sprains, did not attend an OWCP-directed medical examination. OWCP warned her that failure to attend could suspend benefits and later offered time to explain the absence. The Board found that she did not show good cause for missing the…

October 24, 2019 ·ECAB
Affirmed
ALJ

URS Federal Services, Inc.

Grinder compatibility citation affirmed

URS Federal Services employees repaired military vehicles using grinders and grinding stones supplied through a Department of Defense tool counter. A worker used a stone rated for 9,070 revolutions per minute on a grinder rated for 12,000 revolutions per minute, and the stone broke apart, causing a…

October 24, 2019 ·Patrick B. Augustine ·OSHRC
Citations affirmed
ALJ

Birdsboro Kosher Farms Corp.

Lockout, noise, exit, and PPE citations largely affirmed

Birdsboro Kosher Farms operated a large poultry-processing facility with a history of OSHA citations and settlements addressing lockout/tagout and occupational noise. The judge found that Birdsboro still lacked required machine-specific energy-control procedures, adequate authorized-employee…

October 24, 2019 ·Carol A. Baumerich ·OSHRC
Mixed result
COMM

Kelly v. State of Alabama Public Service Commission

Review denied for untimely complaints

Gregory Kelly filed several whistleblower complaints under the Energy Reorganization Act and other statutes. The ALJ dismissed them as untimely because Kelly alleged no basis for equitable tolling, and also found no jurisdiction over claims under the Occupational Safety and Health Act. Kelly…

October 23, 2019 ·DOL ARB
Procedural
COMM

G.G. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

19-1084 (ECAB): Hearing loss claim lacked work-causation evidence

G.G., a retired Navy shipyard sign painter, claimed that workplace noise caused bilateral hearing loss and tinnitus. He did not submit a medical opinion connecting his hearing loss to that exposure. OWCP’s second-opinion physician attributed the hearing loss to other causes, including later noise…

October 23, 2019 ·ECAB
Affirmed
COMM

D.L. and Department of the Army, U.S. Army Corps of Engineers, Portland, OR

19-0987 (ECAB): Tinnitus question returned for schedule award review

D.L., an Army Corps employee, had received a schedule award for 10 percent binaural hearing loss and sought a larger award. The Board found the hearing loss calculation supported by the audiogram. OWCP had not developed whether his accepted tinnitus interfered with daily activities and qualified…

October 23, 2019 ·ECAB
Remanded

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.