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

M.N. and Department of Veterans Affairs, Veterans Health Administration, Brooklyn, NY

Back injury claim denial upheld

M.N. reported back symptoms after bending to place an IV at work. Her physician diagnosed lumbar conditions and checked a box indicating a work connection, but did not adequately explain how the accepted incident caused or aggravated them. The Board affirmed OWCP’s denial for lack of a reasoned…

September 3, 2019 ·ECAB
Affirmed
COMM

G.L. and Department of Justice, Federal Bureau of Investigation, Seattle, WA

Delayed reconsideration decision returned for merit review

G.L. asked OWCP to reconsider a denial of continuation of pay. OWCP waited more than 90 days to rule and then denied merit review. The Board held that the delay jeopardized his opportunity to appeal the underlying merit decision and returned the case for a merits review.

September 3, 2019 ·ECAB
Remanded
COMM

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

Existing right leg impairment award upheld

P.S. sought more compensation for permanent impairment of his right leg after accepted knee and foot injuries. He had previously received a schedule award for 17 percent impairment. The Board found that the medical record did not establish a greater ratable impairment and affirmed OWCP’s decision.

September 3, 2019 ·ECAB
Affirmed
COMM

N.L. and U.S. Postal Service, Post Office, Syracuse, NY

Overpayment finding upheld but amount returned

N.L. received wage loss compensation while working part time as a modified mail clerk. The Board agreed that this produced an overpayment, but found OWCP had not adequately explained which claim file or wage earning capacity determination governed the amount. It set aside the amount and returned…

September 3, 2019 ·ECAB
Mixed result
COMM

C.H. and Department of Veterans Affairs, Jesse Brown Veterans Administration Medical Center, Chicago, IL

Schedule award pay rate returned for calculation

C.H. received an additional right arm schedule award. The Board found that OWCP lacked the employer’s pay information needed to calculate the proper weekly compensation rate, including possible premium pay. It returned the case for further pay development and a new decision.

September 3, 2019 ·ECAB
Remanded
COMM

D.M. and U.S. Postal Service, Mail Processing & Distribution Center, Tampa, FL

Leg impairment claim returned for second opinion

D.M. sought a schedule award for impairment of the lower extremities. After an earlier finding of no ratable impairment, a physician reported new neurological findings and recommended another evaluation; OWCP’s medical adviser agreed. The Board returned the case so OWCP could obtain a second…

September 3, 2019 ·ECAB
Remanded
COMM

D.S. and U.S. Postal Service, Post Office, Milwaukee, WI

Arm impairment claim returned for complete medical review

D.S. received an additional right arm schedule award. OWCP’s medical adviser reviewed an older examination, but the statement of accepted facts did not include a later nerve study and the adviser apparently did not see the examining physician’s addendum. The Board directed OWCP to update the record…

September 3, 2019 ·ECAB
Remanded
COMM

T.M., claiming as widow of R.M., and Department of the Air Force, Materiel Command, Robins Air Force Base, GA

Late reconsideration of employee’s emotional-condition claim denied

T.M. sought reconsideration of the denial of her late husband’s claim. OWCP received her request more than a year after its merit decision. The Board found that her evidence and arguments did not demonstrate clear error in the earlier denial and affirmed the refusal to reopen.

September 3, 2019 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Post Office, Atlanta, GA

Back and neck injury claim denial upheld

L.S. reported neck and back conditions after lifting a dock plate at work. One physician checked a form box linking the condition to work but supplied no explanation; the other medical evidence also failed to establish the causal link. The Board affirmed OWCP’s denial.

September 3, 2019 ·ECAB
Affirmed
ALJ

TNT Crane & Rigging, Inc.

Crane ground-support violation affirmed

TNT Crane & Rigging used a mobile crane to replace rooftop air-conditioning units at a Texas retail store. During setup, the operator swung the fully counterweighted crane while its outriggers were only half extended and two rear outriggers lacked steel support mats. An outrigger broke through…

September 3, 2019 ·Patrick B. Augustine ·OSHRC
Citations affirmed
ALJ

Secretary of Labor v. Blackjewel, LLC

One violation resolved by default

This case involved one alleged violation at Blackjewel's D-17 mine and a proposed penalty of $1,380. Blackjewel's counsel stated that, because of pending bankruptcy proceedings, the company expected a default order and did not respond to the judge's show-cause order. Judge Priscilla M. Rae entered…

August 30, 2019 ·Priscilla M. Rae ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Blackjewel, LLC

Seven violations resolved by default

This case involved seven alleged violations at Blackjewel's P-7 Pigeon Creek mine and proposed penalties totaling $2,170. Blackjewel's counsel stated that, because of pending bankruptcy proceedings, the company did not expect to respond to administrative orders. After Blackjewel failed to answer an…

August 30, 2019 ·Priscilla M. Rae ·FMSHRC
Procedural
COMM

Yvonne Hart v. Department of the Army/NAF and Army Central Insurance Fund

Hart v. Department of the Army/NAF (BRB 19-0238): workplace route did not bring commute fall within coverage

Yvonne Hart worked at a child development center on a military base. After passing through the base checkpoint on her way to work, she fell on a grassy path and injured her ankle. The Board majority upheld a summary decision denying her Longshore Act claim under the Nonappropriated Fund…

August 30, 2019 ·BRB
Affirmed
COMM

Karen Oliver (Widow of Ronald R. Oliver) v. W-P Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund

Oliver v. W-P Coal (BRB 19-0017 BLA, 18-0484 BLA): coal mine work calculation sent back

Karen Oliver pursued her late husband's black lung claim and her own survivor's claim. The administrative law judge awarded both after finding that Ronald Oliver had at least 15 years of underground coal mine work, a total respiratory disability, and a benefit presumption the employer had not…

August 30, 2019 ·BRB
Remanded
COMM

Densil Sexton v. Big I Mining, Incorporated, and Kentucky Employers Mutual Insurance

Sexton v. Big I Mining (BRB 18-0611 BLA): disability evidence must be weighed again

Densil Sexton appealed a denial of black lung benefits after 25 years of underground coal mine work. The judge found that he had not proved total respiratory disability, which was needed for the 15-year presumption and for benefits under the ordinary rules. The Board found the judge's account of…

August 30, 2019 ·BRB
Remanded
COMM

Karen Oliver (Widow of Ronald R. Oliver) v. W-P Coal Company and West Virginia Coal Workers' Pneumoconiosis Fund

Oliver v. W-P Coal (BRB 18-0484 BLA, 19-0017 BLA): coal mine work calculation sent back

Karen Oliver pursued her late husband's black lung claim and her own survivor's claim. The administrative law judge awarded both after finding that Ronald Oliver had at least 15 years of underground coal mine work, a total respiratory disability, and a benefit presumption the employer had not…

August 30, 2019 ·BRB
Remanded
COMM

Roger D. Halstead v. Pine Ridge Coal Company, Self-Insured Through Peabody Energy Corporation

Halstead v. Pine Ridge Coal (BRB 18-0459 BLA): black lung award and carrier liability upheld

Roger Halstead received black lung benefits after a judge found complicated pneumoconiosis linked to his coal mine work. Pine Ridge Coal challenged the judge's appointment, the medical finding, and its liability for the award. The Board held that a hearing notice issued before the judge's…

August 30, 2019 ·BRB
Affirmed
COMM

Freddie Moore v. National Mines Corporation and Old Republic Insurance Company

Moore v. National Mines (BRB 18-0427 BLA): new lung testing ordered despite current denial

The Director of the Office of Workers' Compensation Programs appealed a denial of Freddie Moore's black lung claim. The Board upheld the finding that Moore had at least 15 years of qualifying coal mine work, but it also upheld the judge's assessment that the current evidence did not prove total…

August 30, 2019 ·BRB
Remanded
COMM

Gregory H. Miniard v. Shamrock Coal Company, Incorporated, Self-Insured Through Sun Coal Company

Miniard v. Shamrock Coal (BRB 18-0174 BLA, 18-0174 BLA-A): coal laboratory work requires another review

Gregory Miniard appealed a denial of black lung benefits based partly on a finding that he had too little qualifying coal mine work. The Board found that the judge had overlooked records and testimony about Miniard collecting, crushing, and analyzing coal samples at mines and preparation…

August 30, 2019 ·BRB
Remanded
COMM

Carroll K. Runyon, Jr. (for the Estate of Carroll Runyon) v. Island Creek Coal Company

Runyon v. Island Creek Coal (BRB 17-0681 BLA): medical causation findings sent back

Carroll Runyon's son pursued his father's black lung claim on behalf of the estate and obtained a benefit award. Island Creek Coal challenged the medical findings that the miner had legal pneumoconiosis and that it caused his total respiratory disability. The Board found that the judge had not…

August 30, 2019 ·BRB
Remanded
COMM

Veolia ES Technical Solutions, LLC

In re Veolia ES Technical Solutions, LLC (EAB CAA Appeal No. 19-02): permit review denied

RoseMary Howard filed a one-page petition that appeared to challenge a federal operating permit issued by EPA Region 5 to Veolia ES Technical Solutions, LLC under the Clean Air Act's Title V program. She said that an asthmatic respiratory condition had been aggravated by the company's negligence…

August 29, 2019 ·EPA EAB
Procedural
COMM

Delma Ratliff (Widow of and for the Estate of James Ratliff) v. T & W Coal Company, Incorporated, and Old Republic Insurance Company

Ratliff v. T & W Coal (BRB 18-0507 BLA, 18-0506 BLA): miner and survivor awards affirmed

Delma Ratliff pursued a black lung claim for her late husband's estate and her own survivor's claim. After an earlier Board remand, the judge again found that James Ratliff had more than 15 years of qualifying coal mine employment and awarded both claims. The Board upheld the finding that his four…

August 29, 2019 ·BRB
Affirmed
COMM

Delma Ratliff (Widow of and for the Estate of James Ratliff) v. T & W Coal Company, Incorporated, and Old Republic Insurance Company

Ratliff v. T & W Coal (BRB 18-0506 BLA, 18-0507 BLA): miner and survivor awards affirmed

Delma Ratliff pursued a black lung claim for her late husband's estate and her own survivor's claim. After an earlier Board remand, the judge again found that James Ratliff had more than 15 years of qualifying coal mine employment and awarded both claims. The Board upheld the finding that his four…

August 29, 2019 ·BRB
Affirmed
COMM

Phyllis Siples (Widow of and for Delbert L. Siples) v. Brazil Coal & Clay Corporation

Siples v. Brazil Coal & Clay (BRB 18-0487 BLA, 18-0306 BLA): miner award and attorney fee affirmed

Phyllis Siples pursued her late husband's black lung claim after a judge awarded benefits and approved counsel's fee request. Brazil Coal & Clay challenged findings that the miner had legal pneumoconiosis and that it substantially contributed to his total respiratory disability. The Board held that…

August 29, 2019 ·BRB
Affirmed
COMM

Robert Moore v. Tramline Incorporated and Brickstreet Mutual Insurance Company

Moore v. Tramline (BRB 18-0437 BLA): work history calculation sent back

Robert Moore received a black lung benefit award after a judge credited him with 17.75 years of qualifying coal mine work and applied the 15-year presumption. Tramline challenged the work history calculation. The Board held that the judge counted full years based on earnings that showed at least…

August 29, 2019 ·BRB
Remanded
COMM

Phyllis Siples (Widow of and for Delbert L. Siples) v. Brazil Coal & Clay Corporation

Siples v. Brazil Coal & Clay (BRB 18-0306 BLA, 18-0487 BLA): miner award and attorney fee affirmed

Phyllis Siples pursued her late husband's black lung claim after a judge awarded benefits and approved counsel's fee request. Brazil Coal & Clay challenged findings that the miner had legal pneumoconiosis and that it substantially contributed to his total respiratory disability. The Board held that…

August 29, 2019 ·BRB
Affirmed
ALJ

Tower King II, Inc.

Communications-tower rigging citation vacated

Tower King performed antenna work about 1,000 feet above ground on a communications tower. A gin pole detached from the tower, and three employees who were tied to it fell and died. OSHA cited Tower King under the general duty clause, alleging that an incomplete rigging plan created fall and…

August 29, 2019 ·Heather A. Joys ·OSHRC
Citations vacated
COMM

Tiffany Conley v. Service Employees International, Incorporated, and Insurance Company of the State of Pennsylvania

Conley v. Service Employees International (BRB 19-0402): agreed attorney fee entered

Tiffany Conley and the employer and carrier agreed to resolve the attorney fee dispute on appeal. They asked the Board to change the administrative law judge's fee order and dismiss Conley's appeal. The Board accepted their stipulation and set counsel's fee and expenses for work before the Office…

August 28, 2019 ·BRB
Procedural
COMM

Devanand Mack v. McAllister Towing & Transportation Company, Incorporated, and Signal Mutual Indemnity Association

Mack v. McAllister Towing (BRB 19-0148): work injury presumption not rebutted

Devanand Mack, a carpenter, reported back and shoulder injuries after carrying debris buckets from a tugboat engine room. The judge applied the Longshore Act presumption that the injuries were work related, but found that the employer had rebutted it because Mack had not immediately reported an…

August 28, 2019 ·BRB
Remanded
COMM

George Kiyuna v. Matson Terminals, Incorporated, and Signal Mutual Indemnity Association, Limited

Kiyuna v. Matson Terminals (BRB 19-0103): appeal dismissed for modification proceedings

George Kiyuna told the Board that he had applied to modify the administrative law judge's decision and asked to end his pending appeal without prejudice. The Board granted that request and returned the case for modification proceedings. It said Kiyuna could seek reinstatement of the original appeal…

August 28, 2019 ·BRB
Remanded
COMM

Teddy L. Barger v. Laurel Run Mining Company, Island Creek Coal Company, and HealthSmart CCS

Barger v. Laurel Run Mining Company (BRB 18-0500 BLA): black lung benefits award vacated for a new hearing

Teddy L. Barger filed a subsequent black lung benefits claim after more than 21 years of underground coal mine employment. Administrative Law Judge Dana Rosen found that Barger had a totally disabling respiratory or pulmonary impairment, invoked the fifteen-year presumption of total disability due…

August 28, 2019 ·BRB
Remanded
COMM

Doris G. Bias, widow of James B. Bias, Jr. v. Westmoreland Coal Company

Bias v. Westmoreland Coal Company (BRB 18-0424 BLA): survivor benefits claim remanded to consider lay testimony

Doris Bias sought survivor benefits after the death of her husband, James Bias, who had more than 31 years of coal mine employment. The administrative law judge denied benefits after finding that James was not totally disabled at death and that pneumoconiosis did not cause his death. The Board…

August 28, 2019 ·BRB
Remanded
COMM

John Chester Goble v. Left Beaver Coal Company and Old Republic Insurance Company

Goble v. Left Beaver Coal Company (BRB 18-0389 BLA-A): benefits denial remanded for disability findings

John Chester Goble sought black lung benefits after coal mine work in Kentucky. The administrative law judge found that he had legal pneumoconiosis and that pulmonary function tests supported total respiratory disability, but denied benefits after finding that the disability was not caused by…

August 28, 2019 ·BRB
Remanded
COMM

Nellie Fletcher, widow of and on behalf of Bruce Fletcher v. Collins Creek Services, Incorporated, and Kentucky Employers Mutual Insurance

Fletcher v. Collins Creek Services (BRB 18-0384 and 18-0385 BLA): miner and survivor benefits awards affirmed

Nellie Fletcher pursued her late husband Bruce Fletcher's subsequent black lung claim and filed a survivor claim. An administrative law judge found legal pneumoconiosis and a totally disabling respiratory impairment substantially caused by it, then awarded benefits on the miner claim. Because Bruce…

August 28, 2019 ·BRB
Affirmed
COMM

Samuel L. Cole v. Garden Creek Pocahontas Company

Cole v. Garden Creek Pocahontas Company (BRB 18-0244 BLA): black lung benefits award affirmed

Samuel Cole sought black lung benefits after working for about 24 years aboveground at an underground coal mine. His employer argued that 10 to 12 years moving processed coal between the tipple, stockpile, and railroad cars did not count as miner work, which would leave him short of the fifteen…

August 28, 2019 ·BRB
Affirmed
COMM

Matter of P. SINGH

Marriage-fraud findings require substantial and probative evidence

The Board reviewed a visa petition filed by a United States citizen for his stepfather, whose prior marriage had been found fraudulent. The Board held that a petition may be barred under section 204(c) of the Immigration and Nationality Act when substantial and probative evidence shows that the…

August 23, 2019 ·BIA
Affirmed
COMM

Julie Y. Parks, widow of and on behalf of Brian K. Parks v. Prime Processing, Incorporated, and New Hampshire Insurance/Chartis

Parks v. Prime Processing (BRB 18-0321 and 18-0322 BLA): miner and survivor benefits awards affirmed

Julie Parks pursued her late husband Brian Parks's black lung claim and filed a survivor claim. The employer conceded total respiratory disability but argued that Brian's surface coal mine work did not expose him to coal dust regularly enough to trigger the fifteen-year presumption. The…

August 23, 2019 ·BRB
Affirmed
COMM

I.C. and U.S. Postal Service, Gravesend Post Office, Brooklyn, NY

Knee injury claim denial upheld

I.C. sought benefits for a left knee condition after an accepted workplace incident. Her physician said the incident aggravated earlier knee injuries, but did not explain medically how it did so. The Board found the opinion insufficient to establish causation and affirmed the denial.

August 23, 2019 ·ECAB
Affirmed
COMM

G.H. and U.S. Postal Service, Post Office, Barre, VT

Shoulder condition claim denial upheld

G.H. claimed that repetitive postal work caused a left shoulder condition. Her physician called the condition likely work related but gave no sufficiently reasoned, definite causal opinion. The Board affirmed OWCP’s denial.

August 23, 2019 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Post Office, Cedar Grove, NJ

Shoulder injury claim denial upheld

J.P. felt a pop in his left shoulder while reaching overhead at work. His physician diagnosed shoulder impingement and checked a box attributing it to work, but did not explain the causal connection. The Board affirmed OWCP’s denial.

August 23, 2019 ·ECAB
Affirmed
COMM

S.J. and Department of Veterans Affairs, Veterans Canteen Service, Chicago, IL

Neck and shoulder claim denial upheld

S.J. claimed a neck and shoulder injury from an accepted workplace incident. Her physician suggested that the incident likely aggravated her earlier fibromyalgia but did not explain how it caused or worsened the diagnosed conditions. The Board found the opinion speculative and affirmed OWCP’s…

August 23, 2019 ·ECAB
Affirmed
COMM

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

Claimed recurrence of disability denied

D.P. sought wage loss compensation for a claimed return of total disability after an accepted injury. She supplied records of calf and ankle complaints, but the medical evidence did not adequately connect her inability to work from May 11, 2017 to the accepted 2014 injury. The Board affirmed the…

August 23, 2019 ·ECAB
Affirmed
COMM

L.B. and U.S. Postal Service, Post Office, Rocky Point, NC

Late reconsideration request denied

L.B. asked OWCP to reconsider an occupational disease denial more than a year after the merit decision. The Board agreed that the request was untimely and that her submissions did not show clear evidence of error in the earlier decision. It affirmed the refusal to reopen.

August 23, 2019 ·ECAB
Affirmed
COMM

K.L. and Department of Veterans Affairs, W.G. Hefner Veterans Administration Medical Center, Salisbury, NC

Hand dermatitis claim and late hearing request denied

K.L. attributed a skin condition on his hands to wearing gloves while working as a dishwasher. The Board found the medical evidence did not adequately establish that the accepted duties caused the diagnosed condition. It also upheld OWCP’s denial of an oral hearing requested after the deadline.

August 23, 2019 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Post Office, Riverview, FL

Consequential emotional condition claim denied

K.S. said an accepted physical injury and continuing pain had led to anxiety and depression. Her physician cited several possible contributing factors and general medical literature, but did not give a sufficiently reasoned opinion showing a direct causal link to the accepted injury. The Board…

August 23, 2019 ·ECAB
Affirmed
COMM

S.H. and U.S. Postal Service, Post Office, Deland, FL

Overpayment finding upheld but amount returned

S.H. received total disability compensation after returning to work, so the Board agreed an overpayment occurred. OWCP had not determined whether she was entitled to intermittent wage loss during that period and had not explained its $8,471.78 calculation. The Board returned the amount for further…

August 23, 2019 ·ECAB
Mixed result
COMM

T.B. and Department of the Navy, Guantanamo Bay Fire Department, Guantanamo Bay, Cuba

Late injury notice claim returned for records

T.B., a fire captain, filed a claim years after a claimed back injury from lifting a hose. He said a naval hospital treated him when the injury occurred, which could establish timely notice despite the later filing. The Board directed OWCP to obtain the employer’s treatment records and decide the…

August 23, 2019 ·ECAB
Remanded
COMM

B.W. and U.S. Postal Service, Post Office, Laguna Niguel, CA

Reduced wage loss compensation upheld

B.W. received wage loss benefits after accepted foot and knee conditions. OWCP reduced her compensation based on the wages she could earn as an information clerk. The Board found that the position fit her medical restrictions and vocational qualifications and affirmed the reduction.

August 23, 2019 ·ECAB
Affirmed
COMM

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

Consequential spine condition claim denied

R.M. sought recognition of lumbar and cervical conditions as consequences of earlier accepted injuries. Her physician described the conditions and discussed general research, but did not adequately explain the causal link to the accepted injuries in her particular case. The Board affirmed OWCP’s…

August 23, 2019 ·ECAB
Affirmed
COMM

H.A. and U.S. Postal Service, Post Office, Crowley, TX

Neck, back, and shoulder claim denied

H.A. attributed neck, back, and both shoulder conditions to postal duties. His physician listed diagnoses and work activities but did not provide a sufficiently reasoned explanation connecting those duties to the diagnosed conditions. The Board affirmed OWCP’s denial.

August 23, 2019 ·ECAB
Affirmed
COMM

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

Wage earning capacity determination left in place

D.T. sought to change an earlier loss of wage earning capacity determination based on work as an appliance repairer. The Board found he had not shown vocational retraining, an error in the original calculation, or a material change warranting modification. It affirmed OWCP’s refusal to change the…

August 23, 2019 ·ECAB
Affirmed
COMM

F.H. and Department of Agriculture, Agricultural Marketing Services Quality Assessment Division, Harrisburg, PA

Claimed total disability period denied

F.H. sought wage loss compensation for total disability beginning March 19, 2017 after an accepted work injury. His medical reports described symptoms and treatment but did not adequately explain why the accepted injury prevented him from working during the claimed period. The Board affirmed OWCP’s…

August 23, 2019 ·ECAB
Affirmed
COMM

Juan C. Garcia d/b/a Master Roofing and Restoration

In re Juan C. Garcia d/b/a Master Roofing and Restoration (EAB TSCA Appeal No. 19-(02)): Board declines sua sponte review

Juan C. Garcia d/b/a Master Roofing and Restoration was the respondent in a Toxic Substances Control Act penalty proceeding. On July 18, 2019, the Presiding Officer issued an Initial Decision and Default Order. Neither party appealed, and the Environmental Appeals Board declined to review the case…

August 22, 2019 ·EPA EAB
Procedural
COMM

A.B. and U.S. Postal Service, Network Distribution Center, Jersey City, NJ

Foot condition claim denial upheld

A.B. attributed conditions affecting both feet to postal work. Her physician identified several diagnoses and said her work contributed to them, but did not adequately explain the causal connection. The Board affirmed OWCP’s denial.

August 22, 2019 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, Nashua, NH

Arm impairment claim returned for medical conflict

C.S. sought a schedule award for impairment of her upper extremities. The medical opinions disagreed about whether objective findings of carpal tunnel syndrome caused permanent upper extremity impairment. The Board found that this unresolved conflict prevented a decision and returned the case for…

August 22, 2019 ·ECAB
Remanded
COMM

S.S. and Department of Homeland Security, Transportation Security Administration, O’Hare International Airport, Chicago, IL

Knee injury claim denial upheld

S.S. claimed a right knee injury after an accepted workplace incident. His physicians diagnosed knee conditions, but their reports did not adequately state or explain how the incident caused them. The Board affirmed OWCP’s denial.

August 22, 2019 ·ECAB
Affirmed
COMM

S.A. and Department of Veterans Affairs, Office of General Counsel, Pittsburgh, PA

Occupational disease claim and hearing denial upheld

S.A. claimed an occupational disease during federal work. The Board found the evidence insufficient to establish the claimed disease in the performance of duty. It also held that OWCP had acted within its discretion in denying her request for an oral hearing. The Board affirmed both decisions.

August 22, 2019 ·ECAB
Affirmed
COMM

A.H. and U.S. Postal Service, Post Office, Sunnyside, NY

Wrist condition claim denial upheld

A.H. claimed that postal work caused a right wrist condition. She did not describe the work factors she believed caused or contributed to it, leaving the factual part of her claim unproven. The Board affirmed OWCP’s denial.

August 22, 2019 ·ECAB
Affirmed
COMM

M.B. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH

Brain injury claim expansion denied

M.B. sought to add a traumatic brain injury to conditions already accepted after a workplace smoke exposure. He pointed to memory complaints and medical records, but the Board found the evidence did not establish a traumatic brain injury causally related to the accepted incident. It affirmed OWCP’s…

August 22, 2019 ·ECAB
Affirmed
COMM

M.T. and U.S. Postal Service, Post Office, Youngstown, OH

Leg impairment decision partly returned

M.T. sought a larger schedule award for both legs. The Board found no ratable permanent impairment of the left leg, but held that the right leg rating needed further medical development. It affirmed the left leg ruling and returned the right leg question to OWCP.

August 22, 2019 ·ECAB
Mixed result

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.