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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D.M. and U.S. Postal Service, Post Office, Greensboro, NC
Reconsideration denial returned for evidence review
D.M. sought reconsideration of an OWCP decision and supplied a sworn statement. OWCP had the statement in the record but did not acknowledge or consider it when denying review. The Board returned the case so OWCP could address all evidence submitted before its decision.
G.S. and U.S. Postal Service, Post Office, Grand Rapids, MI
Existing left leg impairment award upheld
G.S. sought an increase over his existing 31 percent left leg schedule award. His physician offered a higher knee impairment rating, but the Board found the medical evidence did not justify an increase under the rating guides. It affirmed OWCP’s decision.
E.G. and U.S. Postal Service, Sandhills Post Office, Columbia, SC
Late reconsideration request returned for correct standard
E.G. asked OWCP to reconsider a claim more than a year after its merit decision. OWCP evaluated the request under the rule for timely requests instead of asking whether it showed clear evidence of error. The Board returned the case for application of the correct standard.
L.G. and U.S. Postal Service, Post Office, City of Industry, CA
Emotional condition files returned for combination
L.G. filed a new emotional condition claim after an earlier accepted post traumatic stress disorder claim. The earlier case file was missing from the record of the new claim, preventing review of the medical history. The Board directed OWCP to combine the files and issue a new decision.
A.B. and Department of Agriculture, Animal & Plant Health Inspection Service, Veterinary Services, Eastern Regional Office, Raleigh, NC
Injury files returned for complete review
A.B. had related right arm injury claims in separate OWCP files. OWCP relied on facts and medical conclusions from the earlier file but did not include that evidence in the record before the Board. The Board returned the case for combining the files and a new decision.
C.F. and U.S. Postal Service, Processing & Distribution Center, North Reading, MA
Overpayment upheld but fault finding reversed
C.F. received an extra $13,983.86 in compensation after a change in her son’s dependent status. The Board upheld the overpayment but found OWCP had not shown she was at fault for accepting the payments. It returned the case for OWCP to consider whether recovery should be waived.
P.P. and Department of Justice, Bureau of Prisons, Fairton, NJ
Recurrence and reconsideration denials upheld
P.P. sought benefits for a claimed return of disability after an accepted 2012 work injury. The Board found the evidence did not establish disability beginning February 22, 2013 caused by that injury. It also upheld OWCP’s refusal to reopen the claim on reconsideration.
United States Department of Veterans Affairs, Veterans Benefits Administration and American Federation of Government Employees, National Veterans Affairs Council
Veterans Benefits Administration and AFGE VA Council (FLRA 0-AR-5405): Exceptions dismissed
The VA began electronically filing arbitration exceptions two minutes before the deadline but submitted supporting documents after midnight and continued adding documents over the following weeks. The Authority issued a show-cause order about the late materials. The agency responded one day late…
N.M. and U.S. Postal Service, Post Office, Metamora, MI
Knee injury claim denial upheld
N.M. claimed a right knee condition after an accepted work incident. A physician diagnosed a dislocated kneecap but offered no opinion on its cause; a physician assistant’s report was not competent medical evidence under FECA. The Board affirmed OWCP’s denial.
L.A., claiming for the estate of N.W., widow of A.W., and Department of the Air Force, Materiel Command, Randolph Air Force Base, TX
Survivor benefit overpayment recovery upheld
L.A. represented the estate of a widow who had received survivor benefits. OWCP found a $15,875.17 overpayment because it had not properly offset Social Security benefits over many years. The Board upheld the overpayment and found that OWCP had not abused its discretion in refusing to waive…
M.G. and U.S. Postal Service, Post Office, Tallahassee, FL
Shoulder injury claim denial upheld
M.G. claimed a right shoulder condition after an accepted work incident. His physician diagnosed a strain and said it resulted from the incident, but did not explain how the work activity caused or aggravated it. The Board affirmed OWCP’s denial.
R.P. and U.S. Postal Service, Post Office, Manorville, NY
Shoulder claim returned for overlooked medical report
R.P. claimed a left shoulder injury after reaching for a scanner at work. During reconsideration, his surgeon submitted a report addressing the incident, medical tests, and causation. OWCP ruled without acknowledging or analyzing that report. The Board returned the case for review of all evidence…
S.C. and U.S. Postal Service, Processing & Distribution Center, Richmond, VA
Late reconsideration request returned for correct standard
S.C. sought reconsideration after the one year deadline. OWCP evaluated his request under the standard for timely applications. The Board returned the case so OWCP could apply the clear evidence of error standard for an untimely request.
L.R. and U.S. Postal Service, Post Office, Roswell, GA
Occupational disease files returned for combination
L.R. claimed an occupational disease affecting her back and foot. OWCP relied on medical evidence in an earlier accepted injury file but did not add it to the record of this claim. The Board directed OWCP to combine the files so the evidence could be reviewed and issue a new decision.
L.N. and Department of the Navy, Joint Base Anacostia-Bolling, Washington, DC
Timely reconsideration request returned for proper review
L.N. submitted a reconsideration request exactly one year after OWCP’s merit decision. OWCP treated it as late and applied the stricter clear error standard. The Board held the request was timely and returned it for review under the proper standard.
K.Y. and Department of Health & Human Services, Health Resources & Services Administration, Bethesda, MD
Schedule award claim denial upheld
K.Y. sought a schedule award for permanent impairment from accepted work conditions. OWCP’s second opinion examiner found no ratable permanent impairment of a scheduled body member or function. The Board found the medical evidence insufficient to support an award and affirmed the denial.
Henry Marine Service, Inc.
Attorney-fee application denied
Henry Marine previously won summary judgment vacating OSHA citations concerning safe access to a tugboat and personal flotation devices. The company then sought $92,402.64 in attorney fees, expert fees, and expenses under the Equal Access to Justice Act. The judge found Henry Marine eligible and a…
J.T. and Department of the Army, Tooele Army Depot, Tooele, UT
Existing arm impairment awards upheld
J.T. sought more compensation for impairment of both arms. OWCP had rated each upper extremity at seven percent. The Board found the medical ratings did not establish a greater impairment under the applicable guides and affirmed the decision.
N.P. and U.S. Postal Service, Roberto Clemente Post Office, Chicago, IL
Shoulder and hand claim denial upheld
N.P. attributed bilateral shoulder and hand conditions to more than three decades of mail handling. His physician diagnosed the conditions but did not adequately connect them to the accepted work factors. The Board affirmed OWCP’s denials.
L.N. and U.S. Postal Service, Post Office, Los Angeles, CA
Left ankle schedule award denied
L.N. sought a schedule award for impairment after an accepted left ankle sprain. Her physician calculated an impairment rating, but the Board found the medical evidence did not establish a qualifying permanent impairment of a scheduled member. It affirmed the denial.
Secretary of Labor v. Lehigh Cement Company, LLC
Temporary economic reinstatement approved
The Secretary alleged that Lehigh Cement terminated James McGaughran in retaliation for protected safety activity and sought his temporary reinstatement while the discrimination claim was investigated. The parties settled the temporary-reinstatement request without resolving the merits. Judge…
Jeffrey Joseph Smith v. Cobra Natural Resources LLC and Chartis Casualty Company
Smith v. Cobra Natural Resources (BRB 18-0387 BLA): denial of black lung benefits affirmed
Jeffrey Joseph Smith sought black lung benefits after more than 37 years of qualifying coal mine work. An administrative law judge denied the claim because Smith had not established total respiratory disability, which was required both for benefits and for the fifteen-year presumption. The valid…
Farley v. Altasource, LLC d/b/a Meta Labs, LLC
Food-safety retaliation complaint denied on same-action defense
Lan Farley worked for a dietary-supplement and cosmetics company for about eleven days before her discharge. The ALJ found that she engaged in some protected food-safety activity but credited testimony that she did not follow instructions, perform the compliance duties for which she was hired…
L.B. and U.S. Postal Service, Deltona Pines Post Office, Deltona, FL
After hours volleyball injury claim denied
L.B. hurt his knee while playing volleyball on employer premises after his work shift. The Board found that he joined the game voluntarily, it was not part of his duties or a regular work break, and the employer had not required him to play. It affirmed OWCP’s finding that the injury did not occur…
R.D. and Department of the Army, United States Military Academy, West Point, NY
Reduced wage loss compensation upheld
R.D. received compensation after an accepted back injury. OWCP reduced his benefits based on wages he could earn as a service order clerk. The Board found the job fit the restrictions in the later medical reports from Drs. Smith and Reppy, as well as the vocational evidence, and affirmed the…
D.P. and Department of the Army, Madigan Army Medical Center, Tacoma, WA
Back injury schedule award denied
D.P. sought a schedule award after an accepted lumbar disc condition. FECA does not provide a schedule award for the back itself, and the record did not establish a ratable impairment of an eligible scheduled member or function. The Board affirmed OWCP’s denial.
T.W. and U.S. Postal Service, Main Post Office, Kennesaw, GA
Back injury claim denial upheld
T.W. claimed a back strain after an accepted workplace incident. Her physician diagnosed the condition and checked a form box linking it to work but did not explain the causal connection. The Board affirmed OWCP’s denial.
D.B. and U.S. Postal Service, Post Office, Elmhurst, IL
Claimed recurrence of disability denied
D.B. sought compensation for a claimed return of disability beginning February 16, 2018 after an accepted 2011 injury. Her physician described current neck and shoulder problems but did not adequately explain why the earlier accepted injury caused the new disability period. The Board affirmed…
C.R. and U.S. Postal Service, Post Office, Dallas, TX
Timely reconsideration request returned for proper review
C.R. sought reconsideration within one year of OWCP’s April 23, 2018 decision. OWCP treated the request as late and applied the clear evidence of error standard. The Board held it was timely and returned the case for review under the correct rule.
S.E. and U.S. Postal Service, Post Office, Mobile, AL
Timely reconsideration request returned for proper review
S.E. submitted a reconsideration request within a year of OWCP’s April 4, 2017 merit decision. OWCP applied the stricter clear error rule for late requests. The Board held the request was timely and returned it for an appropriate decision under the timely request standard.
T.G. and U.S. Postal Service, Post Office, Marshfield, VT
Wage loss forfeiture upheld
T.G. challenged forfeiture of wage loss compensation for two periods after failing to report employment activities and earnings. The Board found the record supported that he knowingly omitted those activities and that an earlier Board decision had already resolved much of the evidence. It affirmed…
B.E. and U.S. Postal Service, Post Office, Lexington, KY
Wage earning capacity modification claim returned
B.E. submitted evidence of worsening accepted conditions while seeking compensation. OWCP treated the filing as an untimely reconsideration request. The Board held that the evidence raised whether an earlier loss of wage earning capacity determination should be modified and returned that issue for…
Secretary of Labor v. Blackjewel, LLC
Ninety-seven violations resolved by default
These 12 consolidated dockets involved 97 alleged violations at five Blackjewel mines and proposed penalties totaling $125,543. Blackjewel missed the deadline for its prehearing report and initially said that pending bankruptcy proceedings meant it would not answer the judge's show-cause order. The…
Knight Hawk Coal, LLC v. Secretary of Labor
Ventilation-plan revocation vacated
MSHA revoked Knight Hawk Coal's long-approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias against…
Budri v. FirstFleet, Inc.
Reconsideration of jurisdictional dismissal denied
The Board had vacated its March 2019 decision in Adriano Budri's Surface Transportation Assistance Act case because Budri filed a federal district-court action first. FirstFleet sought reconsideration, arguing that the district court lacked jurisdiction until Budri filed a final amended complaint…
G.B. and U.S. Postal Service, Post Office, Chesapeake, VA
Lumbar injury claim returned for causation review
G.B. claimed a back injury from an accepted work incident. OWCP denied the claim on the ground that the record lacked a medical diagnosis, but a physician’s report diagnosed a left lumbar sprain. The Board returned the case for OWCP to decide whether the diagnosed condition was caused by the work…
D.M. and Smithsonian Institution, National Zoological Park, Washington, DC
Animal caretaker benefit termination reversed
D.M., an animal caretaker, received benefits for an accepted shoulder condition. OWCP terminated them based on a second opinion that the condition had resolved. The Board found the physician had relied on a deficient statement of accepted facts, so OWCP had not met its burden to end benefits. It…
J.B. and U.S. Postal Service, Post Office, Howard Beach, NY
Lumbar injury claim denial upheld
J.B. sought benefits for a lumbar condition after an accepted workplace incident. The medical reports did not provide a sufficiently reasoned explanation connecting the condition to that incident. The Board affirmed OWCP’s denial.
B.T. and U.S. Postal Service, Midtown Branch Post Office, Atlanta, GA
Existing foot impairment awards upheld
B.T. sought a larger schedule award for both legs after prior one percent awards. A physician offered a higher rating based on plantar fasciitis but did not adequately apply the impairment guides; OWCP’s medical adviser found no basis for an increase. The Board affirmed the existing awards.
J.D. and U.S. Postal Service, Network Distribution Center, Jersey City, NJ
Existing right leg impairment award upheld
J.D. sought an increase over his three percent right leg schedule award. His physician rated a higher impairment using the knee arthritis grid, but the Board found the required examination measurements were missing for that method. It affirmed OWCP’s decision.
B.F. and U.S. Postal Service, Post Office, Bellmawr, NJ
Foot injury claim denial upheld
B.F. reported hurting her right foot after missing a step while delivering mail. The Board found that the medical reports did not adequately explain how the accepted fall caused the claimed right foot condition. It affirmed OWCP’s denial.
S.B. and U.S. Postal Service, Manager Dayton Processing & Distribution Facility, Dayton, OH
Partial disability claim returned for job evidence
S.B. sought compensation for periods of partial disability after accepting a four hour modified job. The Board found the record lacked adequate clarification from the employer about the work offered and available during the claimed periods. It returned the case for further development and a new…
R.D. and Department of Labor, Mine Safety & Health Administration, Coal District 11, Birmingham, AL
Existing hearing loss award upheld
R.D. sought a larger schedule award for accepted work related hearing loss. He had previously received an award for 23 percent binaural impairment. The Board found the updated audiogram and medical evidence did not establish a greater ratable loss, and affirmed OWCP’s decision.
Knight Hawk Coal, LLC v. Secretary of Labor
Initial ventilation-plan ruling later amended
MSHA revoked Knight Hawk Coal's approved ventilation plan for perimeter mining at the Prairie Eagle Underground Mine and cited the company for operating without an approved plan. Judge Thomas P. McCarthy found that MSHA relied on unreliable smoke testing and evidence of agency bias, while failing…
W.N. and U.S. Postal Service, Post Office, Camp Hill, PA
Knee claim reconsideration denied
W.N. asked OWCP to reopen a left knee claim involving surgery and disability. Her request did not present a new legal argument or pertinent new evidence addressing the underlying issue. The Board affirmed OWCP’s refusal to review the merits again.
T.W. and U.S. Postal Service, Post Office, Crivitz, WI
Thoracic outlet syndrome claim denied
T.W. attributed left arm thoracic outlet syndrome to an accepted workplace incident. Several physicians diagnosed thoracic outlet syndrome, but the Board found that their reports did not adequately explain how the accepted work incident caused it. The Board affirmed OWCP’s denial.
S.S. and Defense Agencies, Department of Defense Education Activity, Alexandria, VA
Right eye condition claim denied
S.S. attributed a right eye condition to heavy computer use during online training. Several medical providers discussed possible causes but did not adequately link the diagnosed condition to the accepted employment factor. The Board affirmed OWCP’s denials.
L.W., widow of K.W., and Department of the Treasury, Bureau of the Public Debt, New York, NY
Survivor benefit claim returned for medical opinion
L.W. sought survivor benefits, claiming her husband’s accepted cardiac injury contributed to his death. OWCP’s second opinion physician gave an unclear causal assessment after receiving instructions that did not explain a contribution need not be significant. The Board returned the case for a…
F.G. and U.S. Postal Service, Post Office, St. Louis, MO
Existing right arm impairment award upheld
F.G. sought a larger schedule award for her right arm. OWCP had awarded 19 percent permanent impairment. The Board found the medical rating evidence did not establish more than that amount under the impairment guides and affirmed the decision.
B.F. and Department of Agriculture, Food Safety Inspection Service, Zeeland, MI
Arm impairment claim returned for medical review
B.F. sought an increase over a ten percent left arm schedule award. The Board found that medical questions about his accepted conditions and the extent of permanent impairment remained unresolved. It returned the case for further examination and a new rating decision.
M.P. and U.S. Postal Service, Banning Post Office, Banning, CA
Renewed medical treatment claim denied
M.P. sought renewed medical treatment years after accepted head, neck, and ankle injuries. She did not identify specific periods of disability, and the medical evidence did not adequately connect the later need for treatment to the accepted injuries. The Board affirmed OWCP’s denial.
C.M. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
Existing right arm impairment award upheld
C.M. sought an increase over his four percent right arm schedule award for accepted wrist conditions. His physician offered a higher carpal tunnel rating but used an inappropriate impairment table. The Board affirmed OWCP’s existing rating.
Global Sourcing Solutions, A Division of Turner Logistics, L.L.C.
In re Global Sourcing Solutions, A Division of Turner Logistics, L.L.C. (EAB TSCA Appeal No. 19-01C): consent agreement ratified and civil penalty imposed
Global Sourcing Solutions, a company that procures construction products and materials, self-disclosed potential violations involving imported composite wood products. EPA alleged that, between March 27 and June 14, 2019, the company imported noncompliant finished goods on eight entries and failed…
In re Kevin M. Tracy and Susan M. Jeannette
BALCA representative review denied for lack of authority
The Chief Administrative Law Judge, acting as chair of the Board of Alien Labor Certification Appeals, barred Susan M. Jeannette from representing clients before BALCA and ordered her to stop using letterhead resembling the Office of Administrative Law Judges' letterhead. Jeannette asked the…
J.P. and U.S. Postal Service, Havertown Post Office, PA
19-0799 (ECAB): Reconsideration denial upheld on left knee claim
J.P., a letter carrier with an accepted right knee injury, sought a schedule award for a left knee condition. OWCP denied reconsideration without reopening the merits. The Board found that his request raised no new relevant legal argument or pertinent evidence meeting the regulatory requirements…
B.P. and Department of Veterans Affairs, James H. Quillen VA Medical Center, TN
19-0756 (ECAB): Reconsideration denial upheld on knee injury claim
B.P., a nursing assistant, reported twisting her left knee after slipping while helping a patient. OWCP denied her injury claim for lack of medical evidence connecting the knee condition to the incident. Her reconsideration request supplied no new evidence or argument addressing that gap. The Board…
C.M. and Department of the Army, Corps of Engineers, East Alton, IL
19-0585 (ECAB): Late reconsideration request failed clear-error test
C.M., a lock and dam mechanic, sought reconsideration of a denied traumatic injury claim. OWCP received his request more than a year after its last merits decision. The Board found that the later medical deposition did not show on its face that OWCP’s earlier decision was erroneous. It affirmed…
C.S. and Department of Health and Human Services, Centers for Disease Control, Atlanta, GA
19-0516 (ECAB): Medication denial set aside for impartial review
C.S. had an accepted claim for bilateral elbow conditions and requested a compound medication containing Gabapentin. OWCP denied authorization after obtaining a second opinion from a physician it had not selected under its required procedures. The Board found an unresolved conflict in medical…
D.V. and Department of Justice, U.S. Marshals Service, Cleveland, OH
19-0499 (ECAB): Seven percent leg impairment award upheld
D.V., a Deputy U.S. Marshal, ruptured his right Achilles tendon during an approved fitness activity. OWCP awarded compensation for seven percent permanent impairment of his right lower extremity. The Board found the district medical adviser’s rating consistent with the medical findings and the…
E.O. and U.S. Postal Service, Oakland Post Office, CA
19-0472 (ECAB): Termination of wage loss and medical benefits upheld
E.O., a postal mail processing clerk, had accepted bilateral shoulder, elbow, and hand sprains. OWCP ended her wage-loss compensation and medical benefits effective September 21, 2018. The Board gave weight to a second-opinion physician who found no remaining work-related residuals or disability…
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.