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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Pacific Rim International West, Inc.
In re Pacific Rim International West, Inc. (EAB CAA Appeal No. 25-10C): dirt-bike import settlement approved
Pacific Rim International West, Inc. imports and sells recreational nonroad vehicles, including dirt bikes. EPA alleged that Pacific Rim imported, sold, or offered for sale at least 61,741 off-highway motorcycles that were not covered by a competition exemption between October 1, 2020, and December…
Fred R. Hackney, Jr. v. Hackney Fuel Company, Incorporated
Hackney v. Hackney Fuel Company (BRB 24-0352 BLA): employer remains liable for black lung award
Fred R. Hackney, Jr. received a black lung benefits award after 20.7 years of qualifying coal mine employment. The employer challenged only the finding that it and its insurer, Old Republic, must pay. Hackney's later employer, M P & M Coal Company, could not pay, and the Board upheld the judge's…
Dana R. Passmore v. Rosebud Mining Company
Passmore v. Rosebud Mining Company (BRB 24-0289 BLA): denial of black lung benefits affirmed
Dana R. Passmore sought black lung benefits after at least thirty-nine years of qualifying coal mine work. An administrative law judge found that he had not proved complicated pneumoconiosis or a totally disabling respiratory impairment and denied benefits. Passmore argued that positive readings of…
T.G. and Department of Labor, Mine Safety and Health Administration
Board orders impartial review of mine inspector's hearing loss (ECAB 25-0712)
A federal mine inspector attributed hearing loss to noise encountered during coal mine inspections. OWCP's examiner favored age related hearing loss, while another physician linked the loss partly to work noise. The Board found a conflict in medical opinions and ordered an impartial specialist…
T.M. and U.S. Postal Service, De Soto Post Office
Board keeps postal worker's facial award and returns leg ratings (ECAB 25-0678)
A postal worker sought more compensation for facial disfigurement and existing awards of 10 percent right leg and 11 percent left leg impairment. The Board upheld the $3,500 facial award because it is the statutory maximum. Her attending physicians and OWCP's examiner gave conflicting leg…
R.C. and U.S. Postal Service, Ida Jean Haxton Post Office
Board reverses postal worker's $18,404.76 overpayment (ECAB 25-0677)
A postal worker was told he owed $18,404.76 because he received total disability benefits after being released to return to work. An earlier hearing decision had reversed termination of his wage loss and medical benefits. The Board found OWCP had not proved the payments were excessive for the…
S.J. and U.S. Postal Service, Carmel Mountain Postal Store Post Office
Board dismisses appeal of favorable injury acceptance (ECAB 25-0640)
A postal worker appealed after OWCP accepted a right knee contusion and right ankle sprain. The Board found the acceptance decision favorable, not a final adverse decision subject to its review. With no appealable adverse decision in the record, it dismissed the appeal for lack of jurisdiction.
Bonnie Burton (widow of Bennie Burton) v. Old JB LLC
Burton v. Old JB LLC (BRB 24-0045): widow's death benefits award affirmed
Bennie Burton worked for the employer for thirty-one years as a pipefitter and supervisor and was allegedly exposed to asbestos and other substances. After his death, his widow sought death benefits under the Longshore Act. The employer did not participate in discovery or respond to her motion for…
Ahntech, Inc. v. Administrator, Wage and Hour Div., USDOL
Service contractor withdraws appeal before a final wage ruling
Ahntech sought a price adjustment under a federal service contract after a collective bargaining agreement raised wages. It petitioned the Board after requesting a Wage and Hour Division determination but receiving no response. The Board asked why the appeal should not be dismissed because its…
Rashad v. Ryder Integrated Logistics, Inc.
Timeliness dismissal vacated because delivery of OSHA findings was uncertain
Muhammad Rashad challenged OSHA’s rejection of his truck-safety retaliation complaint against Ryder Integrated Logistics more than three years after the findings were issued. He asserted that he first received the findings when OSHA emailed them in January 2025, and he objected the next day. The…
Iwaseczko v. Teton County Weed & Pest Control District
Dismissal of health-benefit retaliation claims affirmed
Marta Iwaseczko and Thomas Spatafore alleged that a Wyoming weed and pest control district retaliated against them for raising concerns about discrimination in health benefits. Spatafore challenged a negative evaluation, eviction from employee housing, and failure to rehire him; Iwaseczko…
D.S. and U.S. Postal Service, Wahoo Post Office
Board recognizes postal carrier's eyelid laceration (ECAB 25-0684)
A rural postal carrier sustained a cut above her left eyelid during an accepted work incident. A same day rescue squad report documented the laceration. The Board found this visible injury established under OWCP's procedures and reversed the claim denial. It returned the case for further action and…
G.M. and U.S. Postal Service, Processing and Distribution Center, Carol Stream
Board dismisses appeal of postal case status letter (ECAB 25-0683)
A postal worker appealed what he called a June 12, 2023 OWCP decision. The Board found the referenced document was an informational case status letter. No final adverse OWCP decision appeared in the record within the 180-day appeal window, so the Board dismissed the appeal without reaching the…
M.A. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center
Board dismisses VA worker's late appeal (ECAB 25-0671)
A VA employee appealed a September 2024 OWCP decision on June 25, 2025. The 180-day appeal period had ended March 11, 2025. The employee provided no documented compelling reason for the delay. The Board found it lacked jurisdiction and dismissed the appeal.
C.G. and U.S. Postal Service, Blue Valley Branch
Board denies postal clerk's asthma incident claim (ECAB 25-0656)
A postal mail processing clerk became lightheaded and had breathing difficulty after several hours of heavy work. Her doctor documented asthma and activity limits but did not explain whether the accepted incident caused or aggravated a medical condition. The Board found that causal evidence…
E.K. and Department of Homeland Security, U.S. Customs and Border Protection
Board returns border specialist's injury claim after undelivered letters (ECAB 25-0642)
A customs agriculture specialist reported a back and groin injury while lifting a heavy box. OWCP sent requests for more claim evidence, but both letters were returned as undeliverable before it denied the claim. The Board found that the returned mail rebutted any presumption she had received the…
L.F. and U.S. Postal Service, Office of Inspector General
Board denies postal investigator's late reconsideration request (ECAB 25-0566)
A postal inspector general special agent sought reconsideration of a decision upholding termination of injury benefits. Her formal request came more than one year after OWCP's last merits decision. The Board found that a medical report received within the year did not itself make the later request…
Matter of Samuel Michael McDONALD
Cancellation grant vacated and removal ordered
The Department of Homeland Security appealed an Immigration Judge's discretionary grant of cancellation of removal to a Canadian lawful permanent resident. The Board held that the Immigration Judge improperly discounted serious and recent criminal conduct and improperly treated the charging record…
Kushtrim Hyseni v. Fluor Conops, Ltd.
Hyseni v. Fluor Conops (BRB 24-0026): denial of psychological injury benefits affirmed
Kushtrim Hyseni worked for Fluor Conops in Afghanistan and claimed a psychological injury from events during that work. An administrative law judge found his evidence invoked the Longshore Act's presumption that the injury was work-related, but the employer rebutted it with a psychologist's…
L.B. and U.S. Postal Service, Madison Heights Carrier Annex Post Office
Board dismisses postal worker's 2021 decision appeal as late (ECAB 25-0720)
A postal worker appealed a March 2021 OWCP decision in July 2025. The 180-day Board appeal period had expired in September 2021. The worker did not document compelling circumstances explaining the delay. The Board found it lacked jurisdiction and dismissed the appeal.
D.M. and U.S. Postal Service, Atlanta Logistics and Distribution Center
Board dismisses Atlanta postal worker's late appeal (ECAB 25-0713)
An Atlanta postal worker filed an appeal on July 21, 2025 from an OWCP decision issued a year earlier. The 180-day Board appeal period had ended January 7, 2025. The worker gave no documented compelling reason for the delay. The Board dismissed the appeal for lack of jurisdiction.
P.C. and U.S. Postal Service, Denver Post Office
Board dismisses Denver postal worker's late appeal (ECAB 25-0702)
A Denver postal worker appealed a December 2024 OWCP decision on July 14, 2025. The Board calculated the 180th day as May 31, 2025 and found the filing late. The worker offered no documented compelling reason for the delay. The Board dismissed the appeal for lack of jurisdiction.
S.M. and U.S. Postal Service, Antioch Post Office
Board upholds postal worker's $4,013.16 pay overpayment (ECAB 25-0700)
A postal worker received wage loss compensation at the augmented dependent rate even though she had no eligible dependent during the disputed period. The Board upheld the $4,013.16 overpayment and found her without fault. It denied waiver because she did not provide requested financial documents…
T.D., widow of A.D., and Department of the Air Force, Air Education and Training Command, Laughlin Air Force Base
Board returns Air Force widow's hearing award claim for full record review (ECAB 25-0338)
An Air Force worker's widow sought an additional hearing loss schedule award on his behalf. OWCP denied the claim after concluding he had retired without later work exposure, but did not address a 2021 audiology report and hearing test already in the file. The Board found the evidence review…
Secretary of Labor v. Ohio County Coal Resources, Inc.
Mail backlog supported reopening
A temporary problem with MSHA's mail provider interrupted Ohio County Coal Resources' receipt of proposed assessments for several months. When delivery resumed, a larger-than-normal batch increased the safety director's workload, and the operator paid some penalties but failed to send the contest…
Secretary of Labor v. Prospect Mining & Development Company, LLC
Counsel's missed filing excused
Prospect Mining sent a proposed penalty assessment to outside counsel with instructions to contest it before the deadline. Counsel missed the filing while establishing a new law firm and moving offices. The operator sought reopening less than 30 days after the assessment became final, and the…
James G. Huddleston v. Island Creek Kentucky Mining
Huddleston v. Island Creek Kentucky Mining (BRB 24-0479 BLA): benefits award returned over missing deposition
James G. Huddleston received a black lung benefits award after a judge found he was totally disabled due to legal pneumoconiosis. On appeal, the employer argued that the judge had wrongly excluded a physician's deposition from the record. The Board held that the judge should have allowed the…
Thomas Olberding v. Coal Field Construction
Olberding v. Coal Field Construction (BRB 24-0366 BLA): black lung benefits award affirmed
Thomas Olberding received a black lung benefits award after thirty-six years of qualifying coal mine work and a finding of total respiratory disability. Those findings invoked the presumption that his disability was due to pneumoconiosis. Coal Field Construction argued that a CT scan and medical…
Semper Tek, Inc. v. Administrator, Wage and Hour Div., USDOL
Premature wage-conformance appeal dismissed and remanded
Semper Tek sought review of two Davis-Bacon Act wage-conformance decisions issued by the Wage and Hour Division. The Board questioned whether those decisions were final agency rulings that it could review. The company and the Acting Administrator jointly requested dismissal without prejudice, and…
D.C. and U.S. Postal Service, Harrisburg Post Office
Board denies postal carrier's shoulder injury claim (ECAB 25-0695)
A Harrisburg postal carrier slipped on icy steps while working and reported a right shoulder injury. OWCP accepted that the fall occurred. The Board found his doctor's reports did not explain how the fall caused or aggravated the diagnosed shoulder conditions. It upheld the claim denial.
L.H. and Department of Labor, Office of Workers’ Compensation Programs
Board declines late review of DOL worker's impairment award (ECAB 25-0664)
A DOL employee asked OWCP to reconsider an earlier schedule award based on four percent impairment of each arm. Her request came more than one year after the last merits decision. The Board found that her arguments and medical reports did not show clear error in the earlier impairment ruling. It…
J.N. and Department of Justice, Federal Bureau of Prisons
Board upholds reduced pay for prison worker with long COVID (ECAB 25-0653)
A Bureau of Prisons employee received compensation for COVID-19 and long COVID. Medical examiners found he could perform sedentary work with restrictions, and a vocational counselor identified a customer service representative position available near him. The Board found the job fit his medical…
Secretary of Labor v. Drake Cement, LLC
Contest sent to payment address
Drake Cement intended to contest ten citations and mailed the contest form before the deadline, but a new safety manager sent it with the penalty payment to MSHA's payment lockbox instead of the contest office. The manager later checked MSHA's database, discovered the problem, and sent the…
Secretary of Labor v. S&G Excavating, Inc.
Two misaddressed contests reopened
S&G Excavating mailed two penalty contests with its payments for uncontested penalties to MSHA's payment lockbox instead of the contest office. It sent the paperwork about three weeks before the deadline, then sought MSHA guidance and moved to reopen within a month after receiving delinquency…
Matter of Carlos Esteban FRIAS ULLOA
Termination vacated and proceedings reinstated
The Department of Homeland Security appealed an Immigration Judge's termination of removal proceedings for a respondent convicted under New Jersey law of possessing fentanyl with intent to distribute. The Board held that the relevant New Jersey statute was divisible by controlled substance and that…
Roy D. White v. MC Mining Corporation
White v. MC Mining (BRB 24-0354 BLA): coal mine work calculation returned
Roy White received a black lung benefits award after a judge calculated 15.73 years of qualifying coal mine work and found him totally disabled by a respiratory impairment. The employer challenged the work history calculation used to invoke the fifteen-year presumption. The Board upheld the judge's…
Susan E. Cumpston (on behalf of Robert B. Cumpston) v. New Warwick Mining Company
Cumpston v. New Warwick Mining (BRB 24-0351 BLA): payment responsibility affirmed
Susan Cumpston pursued her late husband's black lung benefits claim. New Warwick Mining contested only its designation as the company responsible for payment; entitlement to benefits was stipulated and unchallenged on appeal. The company sought to use Robert Cumpston's deposition to challenge…
Patricia Collins (on behalf of and widow of Robert Collins) v. Heritage Coal Company, LLC
Collins v. Heritage Coal Company (BRB 24-0284 and 24-0285 BLA): attorney fee award increased
Patricia Collins's lawyer sought fees and costs for work on her late husband's black lung claim and her survivor claim. The judge awarded $17,657.10, reducing several time entries and declining to accept a reply to the employer's objections. The Board upheld the refusal to accept the reply and most…
Patricia Collins (on behalf of and widow of Robert Collins) v. Heritage Coal Company, LLC
Collins v. Heritage Coal Company (BRB 24-0284 and 24-0285 BLA): attorney fee award increased
Patricia Collins's lawyer sought fees and costs for work on her late husband's black lung claim and her survivor claim. The judge awarded $17,657.10, reducing several time entries and declining to accept a reply to the employer's objections. The Board upheld the refusal to accept the reply and most…
Judith Salyers (on behalf of and widow of Donald E. Salyers) v. Mountaintop Restoration, Incorporated
Salyers v. Mountaintop Restoration (BRB 24-0279 and 24-0280 BLA): miner and survivor benefits affirmed
Judith Salyers pursued her late husband's black lung claim and her own survivor claim. The judge found that Donald Salyers had 19.44 years of qualifying coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. The Board upheld those findings and agreed…
Judith Salyers (on behalf of and widow of Donald E. Salyers) v. Mountaintop Restoration, Incorporated
Salyers v. Mountaintop Restoration (BRB 24-0279 and 24-0280 BLA): miner and survivor benefits affirmed
Judith Salyers pursued her late husband's black lung claim and her own survivor claim. The judge found that Donald Salyers had 19.44 years of qualifying coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. The Board upheld those findings and agreed…
Juan Martinez v. Peabody New Mexico Services, LLC
Martinez v. Peabody New Mexico Services (BRB 24-0158 BLA): black lung benefits award affirmed
Juan Martinez received a black lung benefits award based on a disabling respiratory impairment caused by legal pneumoconiosis. Because he had 13.5 years of coal mine employment, he had to prove the disease and its role in his disability without the fifteen-year presumption. Peabody challenged the…
Jason Sullivan v. Aegis Defense Service, LLC
Sullivan v. Aegis Defense Service (BRB 24-0080): benefits award affirmed for aggravated condition
Jason Sullivan claimed that exposure to an unclean employer-provided apartment while teaching a course in Georgia aggravated an autoimmune condition. The judge found enough evidence to invoke the Longshore Act's presumption that his condition was work-related. The employer's physician said he could…
Lear v. GFL Environmental
Reconsideration denied and earlier STAA ruling made final
Michael Lear sought reconsideration after the Board affirmed dismissal of his STAA retaliation complaint against GFL Environmental. He also filed a petition with the Eleventh Circuit while reconsideration remained pending. The Board held that it retained authority to decide reconsideration because…
Kossen v. Asia Pacific Airlines
Reconsideration denied in airline retaliation case
Darren Kossen asked the Board to reconsider its decision affirming summary dismissal of his AIR21 retaliation complaint against Asia Pacific Airlines. He challenged the causation analysis, alleged procedural errors and bias, and claimed evidence had been suppressed. The Board found that most…
A.M. and Department of the Air Force, Air Education and Training Command, Randolph Air Force Base
Board reverses zero compensation penalty for Air Force worker (ECAB 25-0627)
An Air Force worker did not cooperate with vocational rehabilitation after a counselor identified a suitable sorter job and its potential pay. OWCP reduced his wage loss compensation to zero. The Board found that, after a suitable job was identified, any reduction had to be based on that job's…
J.E. and U.S. Postal Service, Processing and Distribution Center Finance Post Office
Board returns postal worker's workplace harassment claim (ECAB 25-0602)
A San Francisco postal employee sought compensation for an emotional condition he attributed to repeated workplace harassment. Several coworkers gave statements corroborating the conduct. The Board found the documented pattern was a compensable employment factor. It returned the claim to OWCP to…
Matter of J-A-
CAT deferral reversed and respondent ordered removed
The Department of Homeland Security appealed an Immigration Judge's grant of deferral of removal under the Convention Against Torture to a citizen of Uzbekistan. The respondent separately challenged the denials of asylum and withholding of removal, based on allegations that Uzbek authorities would…
Matter of GARCIA-FLORES
Cancellation grant vacated and removal ordered
The Department of Homeland Security appealed an Immigration Judge's discretionary grant of cancellation of removal to a Mexican lawful permanent resident who had been convicted of indecency with a child. The Board held that an Immigration Judge may consider the circumstances of a conviction in…
Matter of Luis Angel GARCIA MARTINEZ
Fee waiver denied and motion rejected
The Board considered a non-detained respondent's motion to reconsider, which included a request to waive the filing fee. The Board held that a non-detained person represented by private counsel is presumed able to pay the filing fee, and that a fee-waiver request reporting zero income in every…
Johnson v. United Parcel Service
Late STAA petition dismissed without equitable extension
Jacquelyn Johnson petitioned for review of an order dismissing her STAA complaint against United Parcel Service for failure to prosecute. Her petition was due April 4, 2025, but she filed it on May 23. Johnson said she had overlooked the emailed decision among other filing notifications and…
C.H. and U.S. Postal Service, Federal Way Post Office
Board reduces postal worker's insurance overpayment (ECAB 24-0450)
A postal worker's compensation lacked health and life insurance premium deductions. The Board confirmed $11,089.02 in missed health premiums but rejected $304.22 in life premiums because the file did not document her election of life coverage. Although she was without fault, she had not submitted…
Mitchell v. Warren Paving, Inc.
Dismissal upheld after repeated discovery violations
Rico Mitchell alleged that Warren Paving fired him after he reported safety problems with his assigned truck. The administrative law judge dismissed his STAA complaint after repeated failures to provide complete discovery responses despite orders and warnings. The Board found that Mitchell…
A.V. and U.S. Postal Service, Albany Post Office
Board denies postmaster's shoulder and neck condition claim (ECAB 25-0682)
An Albany postmaster linked shoulder and neck conditions to increased lifting and carrying at work. The Board accepted the work duties but found the medical reports did not adequately explain how those duties caused or aggravated the diagnosed conditions. It upheld the claim denial.
I.W. and Department of Defense, Defense Commissary Agency, Cherry Point Commissary
Board upholds commissary worker's back claim denial (ECAB 25-0679)
A defense commissary worker sought compensation for a low back condition after an accepted November 2021 work incident. The Board found the new medical evidence did not adequately link the condition to that incident. It also found her later reconsideration request did not present enough new…
M.M. and Department of Homeland Security, Transportation Security Administration, Daytona Beach International Airport
Board reverses TSA worker's medical benefit cutoff (ECAB 25-0614)
A TSA employee had medical benefits for accepted hip, back, and shoulder conditions from a 2018 work injury. OWCP stopped those benefits after its examiner said the conditions had resolved. The worker's doctor disagreed, creating a medical conflict that required an impartial examiner. The Board…
S.J. and U.S. Postal Service, Brooklyn South Post Office
Board returns postal carrier's wage loss claim for review of missed report (ECAB 25-0574)
A Baltimore postal carrier claimed wage loss after slipping on ice while working. OWCP denied her claim, saying it had received only a physician assistant's evidence. A physician's report had reached OWCP the day before its decision, but OWCP did not address it. The Board ordered OWCP to review the…
Pettengill Family Restoration, LLC
EAJA fee application denied
Pettengill Family Restoration framed panelized houses as a subcontractor and successfully challenged four OSHA cases totaling $78,701 in proposed penalties. The underlying decision vacated all four citations because OSHA did not prove that the workers assembling the houses were Pettengill employees…
Lois J. Whited (on behalf of and widow of Bailey E. Whited) v. Island Creek Kentucky Mining
Whited v. Island Creek Kentucky Mining (BRB 24-0482 and 25-0107 BLA): miner and survivor benefits affirmed
Lois Whited pursued her late husband's black lung claim and her own survivor claim. The judge found Bailey Whited had 16.25 years of underground coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. The Board upheld the disability finding and agreed…
Percy T. Dawes v. BHP Minerals International LLC
Dawes v. BHP Minerals International (BRB 25-0042 BLA): black lung benefits award affirmed
Percy Dawes received a black lung benefits award after at least fifteen years of qualifying coal mine work and a finding of total respiratory disability. The Board held that the judge reasonably relied on a physician's opinion that Dawes's shortness of breath supported total disability, even though…
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.