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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J.J. and Department of the Interior, U.S. Fish & Wildlife Service, Jackson, WY
Two days of knee-injury wage loss restored
OWCP terminated further wage-loss payments after a maintenance volunteer recovered from an accepted knee injury. The Board agreed the medical evidence supported ending compensation on February 6, 2018, but found that he remained disabled on February 4 and 5. It modified the termination date, set…
Department of Veterans Affairs, Edith Nourse Rogers Memorial Veterans Affairs Medical Center, Bedford, Massachusetts and National Association of Government Employees, Local R1-32
Edith Nourse Rogers VA Medical Center and NAGE Local R1-32 (FLRA 0-AR-5422): Reassignment remedy upheld
The VA changed a social worker's job from full-time dementia outpatient work to a position split with home-based care requiring patient travel. An arbitrator found that this was an agency-initiated reassignment completed without the agreement's seniority procedures and ordered restoration to the…
United States Department of Defense, Domestic Elementary and Secondary Schools and Federal Education Association, Stateside Region
DOD Domestic Schools and FEA Stateside Region (FLRA 0-AR-5408): Late arbitration award vacated
The union grieved a one-day suspension, and the parties unsuccessfully mediated the dispute before arbitration. Their agreement required arbitration to be invoked within twenty days after mediation ended, but the union waited nearly two years. An arbitrator treated an earlier pre-mediation request…
M.K. and U.S. Postal Service, Post Office, Broomfield, CO
Elbow claim and late record-review request denied
A postal employee sought benefits for arm and elbow conditions after an accepted August 2018 workplace incident. The Board found that the medical evidence did not adequately connect the conditions to the incident. It also held that her request for review of the written record was untimely under the…
T.R. and U.S. Postal Service, Post Office, Northfield, MN
Reconsideration request did not reopen skin-disease claim
A postal carrier asked OWCP to reconsider its decision on his claimed work-related skin disease. The Board reviewed the reconsideration request, not the medical merits of the underlying claim. It found that he presented no new relevant legal argument or medical evidence and relied on a report OWCP…
R.C. and Department of Veterans Affairs, Brooklyn Harbor Healthcare System Medical Center, Brooklyn, NY
Shoulder claim lacks a reasoned causal opinion
A Veterans Affairs cook reported shoulder symptoms after pulling a pizza from an oven at work. The Board accepted the March 2017 incident but found the medical evidence did not establish a resulting upper-extremity injury. One report described pain without a diagnosis, another did not address…
S.F. and Department of Veterans Affairs, San Antonio, TX
Occupational disease claim barred by filing deadline
A retired Veterans Affairs nurse filed an occupational disease claim concerning several conditions in June 2017. Her last employment exposure was in May 2014, more than three years earlier. The Board found no basis in the record to extend the filing period for latent disability or timely supervisor…
C.W. and U.S. Postal Service, Medford Post Office, Medford, NY
Lumbar injury claim needs further medical review
A postal clerk reported a back injury after lifting a mail parcel at work. Her physician compared scans from before and after the accepted incident and explained how lifting could have worsened her existing lumbar condition. The Board found the reports insufficient to establish the claim outright…
N.B. and Department of Agriculture, Food Safety & Inspection Service, Office of Field Operations, Philadelphia, PA
Disability and additional elbow condition unproven
An Agriculture Department employee sought wage-loss benefits beginning October 15, 2017 after accepted August 2017 injuries. She also asked OWCP to accept left lateral epicondylitis as an additional condition. The Board found that she had not established the claimed total disability or a causal…
J.N. and U.S. Postal Service, Post Office, New Orleans, LA
Emotional-condition claim needs a new medical opinion
A postal carrier reported an emotional condition after witnessing a shooting on her route. OWCP obtained a second medical opinion but gave the physician an incomplete statement of accepted facts: it omitted previously accepted PTSD. The Board found that omission undermined the opinion. It set aside…
Stevie Pennington v. Cola Coal Company, Incorporated, and Employers Insurance of Wausau
Pennington v. Cola Coal (BRB 18-0558 BLA): responsible operator finding affirmed
Stevie Pennington won black lung benefits after the judge found complicated pneumoconiosis from coal mine work. Cola Coal did not challenge the benefits finding, but argued that it had employed him for less than one year and should not be responsible for payment. The Board upheld the judge's…
Ronald Lawson v. Unicorn Mining, Incorporated, and Birmingham Fire Insurance Company
Lawson v. Unicorn Mining (BRB 18-0414 BLA): denial vacated for a complete evaluation
Ronald Lawson had more than sixteen years of underground coal mine work, but his black lung claim was denied because the judge found he had not proved total respiratory disability. Lawson argued that DOL had not provided the complete pulmonary evaluation required by law. The Director agreed that…
L.T. and Department of Veterans Affairs, N.Y. Harbor Health Care System, Brooklyn, NY
Foot condition not linked to accepted fall
A Veterans Affairs housekeeping aide reported a right foot condition after slipping on a wet floor at work. OWCP accepted the workplace incident. The Board found that the medical reports did not adequately explain how the fall caused or aggravated the diagnosed right foot condition, including a…
J.F. and Department of Justice, Federal Bureau of Prisons, Edgefield, SC
Knee claim lacks proof of a new work-related injury
A prison employee claimed a left knee injury following an accepted incident with an inmate. He had undergone left knee surgery for an earlier condition. The Board found that the physicians did not give a causation opinion and that pain alone was not a diagnosis. It affirmed OWCP’s denial.
B.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL
Intermittent wage-loss claim lacks disability proof
A Veterans Affairs employee sought intermittent wage-loss compensation for time away from work between January 21 and February 3, 2018. The Board found that the submitted medical evidence did not establish that her accepted 2012 injury caused disability for the claimed hours. It affirmed OWCP’s…
R.W. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Rigger’s hand-use duties established for carpal tunnel claim
A Navy rigger reported carpal tunnel syndrome after repetitive hand and wrist work. OWCP denied the claim because it did not find the alleged work activities established. The Board found that the record supported duties including pushing, pulling, lifting, turning wrenches, and tying knots. It set…
R.A. and U.S. Postal Service, Post Office, Miami, FL
Conflicting impairment opinions require a referee examination
A postal employee sought a schedule award after OWCP accepted lumbar strain and herniated discs. Her attending physician and OWCP’s medical adviser disagreed about the extent of permanent impairment in both lower extremities. The Board found the conflict unresolved. It set aside OWCP’s denial and…
F.F. and U.S. Postal Service, Post Office, Kalamazoo, MI
Lower-extremity schedule award remains denied
A postal employee sought a schedule award for permanent impairment of her lower extremities. The Board found that the district medical adviser’s reasoned review carried greater weight than her treating physician’s report. The record did not establish a ratable permanent lower-extremity impairment…
A.G. and U.S. Postal Service, Post Office, Laguna Hills, CA
Lumbar surgery authorization and reconsideration denied
A postal employee requested authorization for a lumbar laminectomy. The Board found that the medical evidence supported OWCP’s conclusion that the proposed operation was not shown to be medically necessary for the accepted condition. It also found that her reconsideration request supplied no new…
United States Department of the Air Force, Davis-Monthan Air Force Base, Arizona and American Federation of Government Employees, Local 2924
Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA 0-AR-5387): Official-time award upheld
An agreement guaranteed a union vice president fifty percent official time and allowed additional time for special situations. The agency denied several additional requests, but an arbitrator found that increased grievances and unfair-labor-practice activity created a special situation and that the…
Secretary of Labor obo Tyler Herrera v. Field Lining Systems, Inc.
Immediate temporary reinstatement ordered
Tyler Herrera alleged that he reported an unstable, damaged light plant to coworkers and MSHA, then was fired four days later. Field Lining Systems argued that he was terminated for violating its attendance policy, but did not request a temporary-reinstatement hearing. Judge Priscilla M. Rae held…
Secretary of Labor v. Sims Crane
Fall-protection citation vacated for lack of proof
A Sims Crane employee exited a crane cab on a lowboy trailer by taking two or three steps across a three-foot-wide, skid-resistant deck about seven feet above the ground, then using a front ladder. The inspector cited the company for lacking fall protection, but had not closely examined the crane…
Carl E. Colinger v. Manalapan Mining Company and Kentucky Employers Mutual Insurance
Colinger v. Manalapan Mining (BRB 18-0404 BLA): complicated pneumoconiosis and disability findings remanded
Carl Colinger sought black lung benefits after nearly twenty-three years of underground coal mine work. The judge denied benefits after rejecting complicated pneumoconiosis and total respiratory disability. The Board held that the judge had not properly weighed the evidence of complicated…
B.J. and U.S. Postal Service, Post Office, Dallas, TX
Back, hip, knee, and leg claim lacks causal proof
A postal carrier attributed back, right hip, right knee, and leg conditions to repetitive daily duties. Her physician diagnosed several conditions and described deterioration. The Board found that the medical evidence did not adequately explain how the accepted work factors caused or aggravated…
N.S. and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL
Patient-care injury claim needs further medical review
A Veterans Affairs nursing aide reported neck, back, shoulder, and limb conditions after moving and caring for patients at work. Her physicians described examination findings and a possible mechanism linking the accepted incident to the conditions. The Board found the opinions insufficient to…
T.C. and Department of Homeland Security, Transportation Security Administration, Portland International Airport, Portland, OR
Checkpoint shoulder claim and reconsideration denied
A transportation security officer claimed a left trapezius strain from duties at an airport screening checkpoint. The Board accepted her described work factors but found the medical reports did not adequately connect them to the diagnosed strain. Her later reconsideration request also failed to…
A.P. and U.S. Postal Service, Post Office, Salisbury, NC
Carpal tunnel claim and reconsideration denied
A postal employee attributed bilateral carpal tunnel syndrome to repetitive handling of mail and other duties. The Board found that the medical evidence did not adequately explain how the accepted work activities caused or aggravated the condition. It also found that her reconsideration request did…
B.M. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
Overpayment stands but fault finding is set aside
An Internal Revenue Service employee received FECA wage-loss benefits while also receiving Social Security retirement benefits. The Board upheld OWCP’s $11,248.35 overpayment calculation for May 2013 through June 2017. It found that OWCP had not shown she knew or should have known the payments were…
L.S. and Department of the Army, Military Entrance Processing Station, Doral, FL
Reconsideration request did not reopen fall claim
An Army medical technician requested reconsideration of OWCP’s decision concerning injuries after a chair rolled away and she fell. The Board addressed whether OWCP had to reopen her claim, rather than deciding the injury merits. It found that her request did not show a legal error or provide a new…
C.C. and Department of Justice, Federal Bureau of Prisons, Butner, NC
Late injury notice defeats continuation of pay
A prison employee sought continuation of pay following an accepted March 13, 2017 injury. She filed her written traumatic injury notice on April 19, more than 30 days after the injury. The Board found that the statutory filing condition for continuation of pay was not met. It affirmed OWCP’s denial.
Robert Lee Burgan v. T & W Services, LLC and Kentucky Employers Mutual Insurance
Burgan v. T & W Services (BRB 18-0367 BLA): black lung benefits affirmed
Robert Lee Burgan sought black lung benefits after an earlier claim had been denied. The judge found complicated pneumoconiosis, which established an irrebuttable presumption of total disability due to the disease, and set benefits to begin February 1, 2013. T & W Services argued that it should…
Mildred Mullins (widow of Bill Mullins) v. Trojan Mining & Processing and Travelers Indemnity Company
Mullins v. Trojan Mining (BRB 18-0251 BLA): survivor benefits affirmed
Mildred Mullins claimed survivor benefits after her husband Bill, who had worked thirty years in underground coal mines, died. The judge found that he had a totally disabling lung impairment and applied the fifteen-year presumption that his death was due to pneumoconiosis. Trojan Mining challenged…
A.P. and U.S. Postal Service, Post Office, Kings Park, NY
Claimed knee disability recurrence unproven
A postal employee sought benefits for a recurrence of total disability starting February 12, 2018, after an accepted left knee meniscus injury. The Board found that the medical evidence did not establish that the accepted 2014 injury caused the later claimed inability to work. It affirmed OWCP’s…
C.W. and U.S. Postal Service, Post Office, Atlanta, GA
Arm impairment rating requires another review
A postal employee sought more than the 11 percent left upper-extremity schedule award she had received. Her treating physician rated impairment at 16 percent, while OWCP denied an additional award. The Board found the medical rating record inadequate for a final determination. It set aside the…
B.S. and Department of Veterans Affairs, West Los Angeles Veterans Affairs Medical Center, Los Angeles, CA
Emotional-condition claim lacks a covered work factor
A Veterans Affairs employee alleged an emotional condition arising from personnel actions and workplace treatment. The Board found that she had not established error, abuse, or harassment in a compensable employment factor. Because the factual part of the claim failed, it did not reach the medical…
M.A. and U.S. Postal Service, Post Office, Dacula, GA
Knee fall traced to a personal condition
A rural postal carrier fell while walking at work and injured his right knee. The Board found that his account and the medical evidence traced the fall to a personal lower-extremity condition, without a contributing work hazard. It held that the resulting injury was outside the performance of duty…
L.J. and U.S. Postal Service, Post Office, Duluth, GA
Repeated reports do not reopen disability claim
A postal employee asked OWCP to reconsider a decision about claimed periods of total disability. The Board found that her request relied on medical reports already in the record and added no new relevant legal argument. It affirmed OWCP’s refusal to reopen the merits. The underlying disability…
K.J. and U.S. Postal Service, Post Office, Long Beach, CA
New hand report requires merits reconsideration
A postal employee requested reconsideration of his left hand claim after an accepted dog bite. He submitted a physician’s report describing findings and possible continuing effects of the accepted injury. The Board found the report relevant to the unresolved residuals question and held that OWCP…
J.M. and Department of the Navy, Portsmouth Naval Shipyard, Kittery, ME
Later knee claim returned to combine related records
A Navy shipyard employee appealed the denial of his September 2017 left knee injury claim. OWCP had an earlier May 2016 left knee claim, but the earlier file was missing from this record. The Board ordered OWCP to combine the related claim files before deciding entitlement under the later claim. It…
V.M. and U.S. House of Representatives, Chief Administrative Office, Washington, DC
Late reconsideration request shows clear evidence of error
A House employee sought reconsideration more than three years after OWCP terminated her wage-loss and medical benefits. Although the request was late, the Board found that the new submission raised a substantial question about the correctness of the termination decision. It reversed OWCP’s refusal…
J.M. and Department of the Navy, Portsmouth Naval Shipyard, Kittery, ME
Earlier knee claim returned to combine related records
A Navy shipyard employee appealed the denial of his May 2016 left knee injury claim. OWCP also had a later left knee claim arising in September 2017, but its file was missing from this record. The Board ordered OWCP to combine the related claim files so it could fully assess the earlier injury. It…
Bergelectric Corp.
Fall-protection items vacated, recordkeeping item affirmed
Bergelectric employees installed electrical conduit above a casino ceiling 24 feet above the floor. One employee disconnected from fall protection, fell through the ceiling, and suffered broken ribs and spinal fractures; OSHA also found two improper lanyard-connection practices. The judge found…
United States Department of Veterans Affairs, Gainesville, Florida and American Federation of Government Employees, Local 2779
VA Gainesville and AFGE Local 2779 (FLRA 0-AR-5391): Agency exceptions rejected
The VA asked the Authority to overturn an arbitration award on several procedural, factual, contractual, and statutory grounds. The Authority refused to consider management-rights arguments that the agency had not presented to the arbitrator. It denied an ambiguity claim because the agency did not…
American Federation of Government Employees, Local 2076 and United States Department of Homeland Security, United States Citizenship and Immigration Services
AFGE Local 2076 and USCIS (FLRA 0-AR-5372): Attorney-fee issue remanded
USCIS suspended an employee for fourteen days for repeated timekeeping violations, and an arbitrator reduced the penalty to five days while sustaining the charge. The union then sought attorney fees under the Back Pay Act, but the arbitrator issued an unclear supplemental award denying them. The…
American Federation of Government Employees, Local 1633 and United States Department of Veterans Affairs, Michael E. DeBakey VA Medical Center
AFGE Local 1633 and Michael E. DeBakey VA Medical Center (FLRA 0-AR-5354): Hazard pay upheld, fees remanded
VA hospital housekeepers sought environmental-differential pay for collecting biohazardous waste and cleaning areas where patients with contagious diseases were treated. An arbitrator found that protective equipment did not practically eliminate the exposure risk and awarded the pay differential…
John Scarbrough v. Shannon Wagner dba Seattle Marine Construction and Seabright Insurance Company
Scarbrough v. Seattle Marine Construction (BRB 18-0282): reconsideration denied
John Scarbrough asked the Board to reconsider its denial of disability benefits for two earlier periods and its ruling on interest for an additional compensation assessment. The Board found that its earlier decisions had already addressed the disputed disability periods and that Scarbrough…
Marlin D. Rice v. Karst Robbins Coal Company and Bituminous Casualty Corporation
Rice v. Karst Robbins Coal (BRB 17-0625 BLA): reconsideration denied
The insurance carrier for Karst Robbins Coal asked the Board to reconsider its earlier decision in Marlin Rice's black lung benefits case. It raised a challenge to the appointment of the administrative law judge for the first time after the Board had decided the merits. The Board held that the…
In re J.D. Eckman, Inc., Panthera Painting, Inc., 446 Painting, and related respondents
In re J.D. Eckman, Inc. and related respondents (DOL ARB 2017-0023): related-act debarment standard corrected on remand
The case concerned prevailing-wage violations on a federally aided highway contract involving J.D. Eckman, Panthera Painting, 446 Painting, and related individuals. The ALJ debarred Justin Hauth and 446 Painting for three years under the ordinary Davis-Bacon standard, which asks whether a…
T.S. and U.S. Postal Service, General Mail Facility, Athens, GA
Two disability days denied; other dates returned for review
A postal mail handler sought intermittent wage-loss compensation during April and May 2018 after an accepted injury. The Board found no supporting medical-treatment evidence for May 17 or 22 and denied those two dates. It found the remaining claimed dates needed further review and returned them to…
M.D. and U.S. Postal Service, Post Office, Manteca, CA
Lumbar claim lacks a reasoned work connection
A postal carrier attributed lumbar conditions to carrying packages, walking, standing, and other repetitive duties. Her physician diagnosed back conditions but did not adequately explain how the accepted work factors caused or aggravated them. The Board affirmed OWCP’s denial.
B.C. and U.S. Postal Service, Post Office, Blacksburg, SC
Reconsideration request did not reopen shoulder claim
A postal carrier requested reconsideration after a decision on her claimed left shoulder injury. The Board reviewed only whether OWCP had to reopen the merits. It found no new relevant legal argument or evidence meeting the reconsideration standard and affirmed OWCP’s refusal to reopen the claim.
P.L. and U.S. Postal Service, Post Office, Anaheim, CA
Neck and back claim lacks medical causation proof
A postal employee sought benefits for cervical and lumbar conditions following an accepted July 2018 work incident. The Board found the medical reports did not give a reasoned explanation linking the diagnosed conditions to that incident. It affirmed OWCP’s denial.
A.P. and U.S. Postal Service, Post Office, Plainfield, CT
Shoulder claim and reconsideration denied
A rural postal carrier attributed left shoulder conditions to his work duties. The Board found the medical evidence insufficient to explain a causal link between accepted work factors and the conditions. It also found no basis to reopen the merits on reconsideration. The Board affirmed both OWCP…
A.C. and Department of Defense, Defense Finance & Accounting Service, Cleveland, OH
Retirement system uncertainty defeats overpayment decision
OWCP assessed a $30,340.48 overpayment based on concurrent FECA and Social Security benefits. The Board found the record did not establish the correct treatment of her federal retirement coverage and Social Security offset. It set aside the overpayment, waiver, and recovery decision and directed…
F.M. and U.S. Postal Service, Airport Station, Los Angeles, CA
Old wage-loss claim returned for missing evidence review
A postal employee sought wage-loss compensation for November 2004 through January 2005 after an accepted lumbar injury. The Board found that OWCP had denied the claim without reviewing three physician reports that were in the record. It set aside both 2018 decisions and directed OWCP to consider…
T.G. and U.S. Postal Service, Post Office, Macomb, MI
Wage-loss denial overlooked medical reports
A postal carrier sought wage-loss compensation after an accepted workplace fall on ice. The Board found that OWCP had not considered physician reports already in the record when it denied benefits for February through July 2017. It set aside the denial and returned the matter for consideration of…
B.J. and U.S. Postal Service, Post Office, Baltimore, MD
Thoracic outlet surgery denial needs better medical support
OWCP had accepted a postal employee’s aggravated thoracic outlet syndrome but denied authorization for surgery. The Board found that the impartial specialist’s opinion against surgery lacked sufficient reasoning and relied on outdated testing. It set aside the denial and directed updated diagnostic…
C.M. and U.S. Postal Service, Post Office, Charlotte, NC
Emotional-condition claim lacks medical causation proof
A postal employee reported emotional symptoms after hearing a coworker being shot while speaking with him by phone during work. The Board accepted the work incident but found that her medical evidence did not adequately explain how it caused the diagnosed emotional condition. It affirmed OWCP’s…
W.J., Representative of the Estate of E.J., and Department of the Army, Training & Doctrine Command, Fort Benning, GA
Estate overpayment recovery requires procedural review
The representative of a deceased Army employee’s estate appealed OWCP’s overpayment decision. The Board found that the record did not establish what steps OWCP had taken to recover the debt through available offsets before pursuing the estate. It set aside the decision and directed OWCP to follow…
Rick J. Martin v. Sundial Marine Tug & Barge Works, Incorporated and SAIF Corporation
Martin v. Sundial Marine (BRB 19-0009): right knee surgery denial affirmed
Rick Martin injured his knees while working for Sundial Marine and later underwent surgery on both knees. After an earlier Board remand, the judge found that the right knee surgery was not reasonable or necessary treatment for the work injury. The Board upheld that finding because the judge…
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.