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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Secretary of Labor v. Peabody Midwest Mining, LLC
Coal-dust order modified and examination order vacated
MSHA issued two withdrawal orders after finding accumulated material along the energized 3-B beltline at Peabody Midwest's Francisco Underground Pit. Judge David P. Simonton found enough combustible coal dust to affirm the section 75.400 violation as S&S because nearby belt conditions could supply…
James Scotty Boudreaux v. Owensby & Kritikos, Incorporated and Louisiana Workers' Compensation Corporation
Boudreaux v. Owensby & Kritikos (BRB 19-0239): benefits award summarily affirmed
James Boudreaux's claim under the Outer Continental Shelf Lands Act returned to the Board after two earlier appeals. On remand, the judge entered a specific award of permanent total disability benefits from May 1, 2018, and medical benefits. Owensby & Kritikos did not challenge the award but…
Lloyd David Mills v. Mountaineer Coal Development and West Virginia Coal Workers' Pneumoconiosis Fund
Mills v. Mountaineer Coal (BRB 18-0378 BLA): disability evidence remanded
Lloyd Mills received a black lung benefits award after the judge found a disabling respiratory impairment and applied the fifteen-year presumption. Mountaineer Coal challenged the reliability of two pulmonary function studies supporting disability. The Board found that the judge had stated the…
Gary N. May v. Cline Brothers Mining Company, Incorporated and West Virginia Coal Workers' Pneumoconiosis Fund
May v. Cline Brothers Mining (BRB 18-0376 BLA): black lung benefits affirmed
Gary May had 15.88 years of underground coal mine work and a disabling respiratory impairment. The Board had previously sent the case back for another assessment of whether Cline Brothers Mining rebutted the fifteen-year presumption. On remand, the judge found that the employer had not shown the…
Orville G. Blankenship v. Harman Development Corporation and Security Insurance Company of Hartford
Blankenship v. Harman Development (BRB 18-0318 BLA): benefit start date affirmed
Harman Development conceded that Orville Blankenship had complicated pneumoconiosis and was entitled to black lung benefits, but disputed when payments should begin. The judge set January 2007, the month Blankenship filed his later claim, because the evidence did not show exactly when simple…
William H. Groves v. Arch on the Green, Incorporated and Liberty Mutual Insurance Group
Groves v. Arch on the Green (BRB 18-0289 BLA): fee reconsideration denied
William Groves asked the Board to reconsider its May 2019 decision in an attorney fee dispute arising from his black lung claim. That decision had affirmed a judge's fee award after both sides challenged it. No Board panel member voted to change the prior ruling. The Board denied reconsideration…
Alger McIntyre v. ICG Knott County, LLC and Arch Coal, Incorporated
McIntyre v. ICG Knott County (BRB 17-0583 BLA): en banc reconsideration denied
ICG Knott County asked the full Board to reconsider its November 2018 decision in Alger McIntyre's black lung claim. That earlier decision had affirmed his benefits award. The Director of the Office of Workers' Compensation Programs opposed the reconsideration request in part. No permanent Board…
Bernard E. Thomas, Jr. v. Director, Office of Workers' Compensation Programs
Thomas v. Director, OWCP (BRB 18-0177 BLA): attorney fees increased in part
Counsel for Bernard Thomas appealed two fee orders arising from his black lung benefits case. The Board upheld the judge's reduced hourly rates for the attorneys and paralegal and most of his time-entry decisions. It accepted the Director's concession that 1.7 additional hours of attorney work were…
R.Z. and U.S. Postal Service, Lexington Post Office, Lexington, SC
Shoulder sprain claim lacks a causal opinion
A postal employee claimed a right shoulder injury after an accepted April 2017 work incident. Her physician diagnosed a shoulder sprain but did not adequately describe the incident or explain how it caused the condition. The Board affirmed OWCP’s denial.
H.B. and General Services Administration, Kansas City, MO
Wage-loss benefits suspended for missing disclosure form
OWCP sent a General Services Administration employee an EN1032 benefits disclosure form and warned that wage-loss payments would stop if she did not return it. The Board found the notice properly mailed and the form not completed within the required period. It affirmed the suspension effective…
T.M. and U.S. Postal Service, Post Office, Newark, NJ
Fall-related spine claim needs specialist opinion
A postal employee claimed cervical and lumbar conditions after falling from a ladder at work. His physician described imaging and a possible work connection. The Board found the reports inadequate to prove the claim outright but sufficient to require further medical development. It set aside the…
K.M. and U.S. Postal Service, Post Office, Nokomis, FL
Foot claim conflicted with leave and medical records
A postal employee claimed a left foot injury while walking and unloading a truck at work. The Board found that her account conflicted with leave records, the employer’s report, and medical evidence attributing the pain to running. It affirmed the denial because the event was not established as…
L.G. and Department of Homeland Security, Transportation Security Administration, East Boston, MA
Security officer’s work duties established for back claim
A transportation security officer claimed lumbar conditions from lifting bags, screening travelers, bending, pushing, and pulling over time. The Board found that the record established those work duties as alleged. It set aside OWCP’s denial and returned the claim to assess whether the established…
T.L. and Department of Veterans Affairs, Board of Veterans Appeals, Washington, DC
Hearing-loss examination notice sent to old address
A Veterans Affairs employee claimed work-related hearing loss and tinnitus. After receiving and acknowledging his new address, OWCP mailed notices for a supplemental medical examination to the old one. The Board set aside the denial and ordered OWCP to send a proper examination notice and…
L.C. and U.S. Postal Service, Post Office, Philadelphia, PA
Termination of injury benefits upheld
OWCP ended a postal employee’s wage-loss and medical benefits effective October 15, 2017. The Board credited an impartial medical examiner’s reasoned opinion that the accepted conditions from an earlier injury had resolved. It also found that later reports did not establish continuing work-related…
C.D. and U.S. Postal Service, Processing & Distribution Center, Albuquerque, NM
Shoulder injury after home fall needs unbiased medical review
A former postal employee claimed bilateral shoulder conditions after a fall at home that he said followed an accepted knee injury. OWCP’s statement to its second-opinion physician asserted that the shoulder conditions were not covered and misstated the status of knee surgery. The Board found that…
J.H. and Department of Veterans Affairs, Veterans Health Administration, Gainesville, FL
Constructed-job wage reduction reversed
OWCP reduced a Veterans Affairs employee’s wage-loss compensation using the wages of a nurse consultant position. The Board found OWCP had not adequately assessed whether her preexisting medical conditions, alongside the accepted injury, allowed her to perform that job. It reversed the reduction…
A.A. and U.S. Postal Service, Post Office, Crandall, GA
Mail-tray shoulder incident established; medical issue open
A postal employee reported a left shoulder injury while pulling mail trays from his vehicle. The Board found that the August 21, 2016 work incident occurred as alleged, contrary to OWCP’s factual denial. It set aside that denial and returned the matter for OWCP to decide whether the incident caused…
George Kiyuna v. Matson Terminals, Incorporated
George Kiyuna v. Matson Terminals (BRB 19-0103): late judge appointment challenge denied while merits appeal continues
George Kiyuna appealed an administrative law judge's denial of additional Longshore Act benefits. After the judge ruled, he raised an Appointments Clause challenge and asked that the decision be vacated and assigned to a new judge. The Board held that he had forfeited the challenge by waiting until…
Wayne H. Gann v. National Coal of Alabama, Incorporated and American Mining Insurance Company
Gann v. National Coal of Alabama (BRB 18-0349 BLA): benefit denial affirmed
Wayne Gann had twenty-nine years of qualifying coal mine work but was denied benefits because the judge found no total respiratory disability. Gann argued that the judge understated the physical demands of his last job as a heavy equipment operator and wrongly discounted a doctor's disability…
Taft v. Paramount Coffee Company and Director, Office of Workers' Compensation Programs
Taft v. Paramount Coffee Company (DOL ARB 2019-0031): district-court jurisdiction issue made petition moot
An ALJ dismissed Demarco Taft's administrative complaint because he had filed a federal civil action involving the same matters. Taft petitioned the Board after a magistrate judge recommended dismissing the civil case as unripe, raising concern that neither forum would retain jurisdiction. The…
E.V. and U.S. Postal Service, Post Office, Redlands, CA
Skin claim and missed hearing denied
A postal employee attributed a skin condition to work but did not identify the specific occupational factors he believed caused it. The Board held that the factual part of the claim was not established. It also found that OWCP properly treated his telephonic hearing request as abandoned. The Board…
P.R. and U.S. Postal Service, Post Office, Kokomo, IN
New back reports require merits reconsideration
A postal employee asked OWCP to reconsider a back-injury claim arising from an accepted March 2017 incident. She submitted new physician reports addressing the disputed causal connection. The Board found the reports relevant and previously unconsidered. It set aside both nonmerit denials and…
R.B. and U.S. Postal Service, Post Office, Shoreline, WA
Right knee condition not linked to accepted left knee injury
A postal employee argued that favoring an accepted left knee injury caused a right knee condition requiring replacement surgery. The Board found that the medical evidence did not adequately establish a diagnosed right knee condition as a consequence of the accepted injury. It affirmed OWCP’s denial.
O.W. and U.S. Postal Service, Post Office, Urbana, IL
Continuing disability after benefits ended unproven
A postal employee sought benefits for continuing effects after December 1, 2016. An earlier Board appeal had upheld OWCP’s termination of wage-loss and medical benefits. The Board found the later evidence did not establish residuals or disability from the accepted injury after that date. It…
A.H. and U.S. Postal Service, Little River Branch, Miami, FL
Back, ankle, and foot claim lacks causal proof
A postal employee attributed lumbar, ankle, and foot conditions to her work duties. The Board found that the physician’s opinions did not adequately explain how the accepted work factors caused or aggravated the diagnosed conditions. It affirmed OWCP’s denial.
K.N. and U.S. Postal Service, Post Office, Gastonia, NC
Schedule award denied for lack of ratable impairment
A postal employee sought a schedule award following accepted lumbar, right hip, and right leg conditions. The Board found that the medical evidence did not establish permanent impairment of a scheduled body member. It affirmed OWCP’s denial.
C.W. and U.S. Postal Service, Post Office, Philadelphia, PA
Unreported work leads to compensation forfeiture and repayment
A postal employee omitted work activity and earnings from benefit disclosure forms. The Board found the omissions knowing and upheld forfeiture of compensation for December 2014 through March 2016. It affirmed a $45,889.41 overpayment, a fault finding that barred waiver, and recovery by deductions…
S.W. and U.S. Postal Service, Post Office, Palatine, IL
Total disability recurrence unproven
A postal employee sought benefits for a recurrence of total disability beginning January 7, 2017. She did not show a change in her light-duty job, so the Board required medical proof that the accepted injuries had worsened enough to prevent work. It found that proof lacking and affirmed OWCP’s…
J.K. and Department of Labor, Mine Safety & Health Administration, Hibbing, MN
Termination of injury benefits upheld
OWCP ended a Mine Safety and Health Administration employee’s wage-loss and medical benefits effective March 14, 2018. The Board credited an impartial physician’s reasoned opinion that the accepted concussion and lumbar conditions no longer caused disability or residuals. It found OWCP met its…
M.F. and Department of Justice, Bureau of Prisons, Gilmer Federal Corrections Institution, Glenville, WV
Wage-earning capacity determination stays in place
A prison employee asked OWCP to modify a determination that her actual earnings as a clerk represented her wage-earning capacity. The Board found that the position was regular work and the record did not establish a basis to modify the earlier determination. It affirmed OWCP’s refusal.
Secretary of Labor v. Hopedale Mining LLC
Four ventilation citations vacated after settlement dispute
MSHA issued four S&S citations for failures to follow Hopedale Mining's ventilation plan, involving airflow, a tail curtain, water sprays, and roof-bolter vacuum. The parties proposed reducing total penalties from $18,093 to $3,339 by lowering negligence on all four citations and gravity on two…
Valley Performance Distributors, LLC
In re Valley Performance Distributors, LLC (EAB CAA Appeal No. 19-01C): consent agreement ratified
The Environmental Appeals Board issued a Final Order for Valley Performance Distributors, LLC on June 24, 2019. The order states that the attached Consent Agreement resolved the matter and was ratified under EPA's Consolidated Rules of Practice. The Board ordered the respondent to comply with all…
Office of Federal Contract Compliance Programs, United States Department of Labor v. Analogic Corporation
OFCCP v. Analogic Corporation (DOL ARB 2019-0044): case closed after exceptions declined
The Office of Federal Contract Compliance Programs brought an Executive Order 11246 case against Analogic Corporation. An ALJ issued a recommended decision and order on March 22, 2019. After receiving an extension to file exceptions, OFCCP told the Board that it did not intend to submit any and…
PWCA and National Association of Prevailing Wage Contractors v. Secretary of Labor
PWCA and NAPWC v. Secretary of Labor (DOL ARB 2016-0019 and 2016-0021): supplemental-benefit rulings remanded
PWCA and the National Association of Prevailing Wage Contractors sponsored supplemental unemployment-benefit plans for employers subject to Davis-Bacon prevailing-wage requirements. They challenged 2015 Wage and Hour Division rulings requiring participating employers to annualize plan…
D.D. and Department of Justice, U.S. Marshals Service, Houston, TX
Upper-extremity claim lacks reasoned work connection
A U.S. Marshals Service employee claimed several arm and hand conditions, including carpal tunnel syndrome, from accepted work duties. The Board found the physician’s opinion that job changes contributed to the conditions did not adequately explain how specific duties caused them. It affirmed…
N.C. and U.S. Postal Service, Post Office, Manchester, NH
Carpal tunnel claim lacks a reasoned causal opinion
A postal employee attributed left wrist carpal tunnel syndrome to accepted work factors. Her physician diagnosed carpal tunnel syndrome but did not give a sufficient opinion explaining its cause. The Board affirmed OWCP’s denial.
G.C. and Department of the Navy, Pearl Harbor Naval Shipyard, Pearl Harbor, HI
Long-distance treatment travel reimbursement denied
A Navy shipyard employee sought reimbursement for medical travel exceeding 100 miles roundtrip after moving to another state. The Board found that he had not shown the longer travel was medically necessary under OWCP’s reimbursement standard. It held that OWCP acted within its discretion and…
B.H. and Department of the Air Force, Tinker Air Force Base, OK
Reconsideration request did not reopen knee claim
An Air Force employee requested reconsideration of decisions concerning a left knee condition and recurring disability. The Board found that her submission presented no new relevant legal argument or evidence requiring another merits review. It affirmed OWCP’s nonmerit denial.
J.T. and Department of the Army, Army Corps of Engineers, Louisville, KY
New hearing-loss evidence requires merits review
An Army Corps employee requested reconsideration of a hearing-loss claim. The Board found that a newly submitted document directly addressed OWCP’s earlier finding that the factual part of the claim was unproven. It reversed the refusal to reopen the case and returned it for a merits review.
D.R. and Department of Homeland Security, Customs & Border Protection, Sonoita, AZ
Claimed work incident not established
A Customs and Border Protection employee claimed an injury from a June 2017 work incident. The Board found the record did not adequately establish the event at the time and place alleged, including contemporaneous supporting details. It affirmed OWCP’s denial without reaching medical causation.
C.W. and Department of Homeland Security, Federal Air Marshal Service, Orlando, FL
Medical conflict over consequential knee and back conditions
A federal air marshal sought acceptance of lumbar degenerative disc disease and right knee osteoarthritis as consequences of an accepted 2012 injury. His treating physician and OWCP’s examiner disagreed about causation. The Board found that the medical conflict had not been resolved. It set aside…
Z.W. and Department of the Navy, Naval Sea Systems Command, San Diego, CA
Administrative-assistant earning capacity supports wage reduction
OWCP reduced a Navy employee’s wage-loss benefits based on what she could earn as an administrative assistant. The Board found the selected job fit her medical restrictions and qualifications and was suitably available. It upheld the reduction effective April 13, 2017.
R.B. and Department of Homeland Security, Transportation Security Administration, Egg Harbor Township, NJ
Past total-disability period remains unproven
A Transportation Security Administration employee sought wage-loss compensation for total disability from May 2010 through January 2012. The Board found that the later medical reports did not give a reasoned opinion linking disability on those dates to the accepted injury. It affirmed OWCP’s denial.
United States Department of Commerce, National Institute of Standards and Technology and Fraternal Order of Police
NIST and Fraternal Order of Police (FLRA 0-AR-5379): Remedy changed to post-implementation bargaining
NIST created a senior-corporal policy assigning added responsibilities to the most senior police corporal when no supervisor was on shift. An arbitrator found that the agency implemented the policy without required notice and bargaining and ordered rescission before any reintroduction. The…
Darrel Stephen Parish v. Director, Office of Workers' Compensation Programs
Parish v. Director, OWCP (BRB 18-0395 BLA): benefit denial affirmed
Darrel Parish sought benefits on a later black lung claim after 7.53 years of coal mine work. Although he had a disabling respiratory impairment, the judge found he had not proved pneumoconiosis. Parish challenged the admission of one X-ray reading and the judge's treatment of a doctor's opinion…
D.S. and General Services Administration, Northeast Distribution Center, Burlington, NJ
Impairment review used an incomplete statement of accepted conditions
A GSA employee sought an increased schedule award for permanent impairment of both arms. OWCP denied more than five percent impairment per arm based on an impartial examiner’s report. The Board found that the examiner received an inaccurate statement of accepted facts that omitted brachial…
M.S. and U.S. Postal Service, Post Office, Bellevue, NE
Repeated medical report did not warrant reopening wrist claim
A postal carrier sought reconsideration of a claim involving his hands and wrists. OWCP declined to reopen the merits. The Board found that his new physician report substantially repeated an earlier report and did not add relevant evidence on medical causation. It affirmed the nonmerit decision.
T.A. and U.S. Postal Service, Post Office, Youngstown, OH
Shoulder and elbow claim lacked a reasoned work connection
A postal clerk claimed shoulder and elbow conditions after a coworker bumped her at work. OWCP accepted the incident but denied the injury claim. The Board found that one doctor called the condition work-related without explaining how the incident caused it, while another did not give a causal…
J.P. and Department of Veterans Affairs, Veterans Health Administration, Bedford, MA
Claim lacked competent medical evidence tying condition to work incident
A VA pharmacy technician claimed an injury following an accepted work incident. OWCP denied the claim because the record did not establish a diagnosed condition caused by that incident. The Board found that uncountersigned physician-assistant and physical-therapy notes, along with a report bearing…
N.S. and Department of Justice, U.S. Marshals Service, Trenton, NJ
Knee injury claim lacked a reasoned causal medical opinion
A deputy U.S. marshal reported a left knee injury while walking on uneven pavement at work. OWCP accepted the incident but denied compensation for the claimed knee condition. The Board found that the medical opinions did not explain how the incident caused or aggravated the condition in light of…
W.H. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Fort Dix, NJ
Existing five-percent right-arm schedule award upheld
A federal correctional officer sought a larger schedule award for his right elbow injury. His treating physician rated the arm at 10 percent impairment, while the impartial examiner found five percent using the diagnosis-based method. The Board credited the impartial examiner’s detailed findings…
G.W. and U.S. Postal Service, Post Office, Kansas City, MO
Conflicting leg-impairment ratings require impartial examination
A retired postal worker sought a larger schedule award for permanent impairment of both legs. His physician and an OWCP referral physician disagreed about the extent of impairment. The Board found an unresolved medical conflict and directed OWCP to obtain an impartial specialist’s opinion. It did…
T.B. and U.S. Postal Service, Main Post Office, Cincinnati, OH
Reconsideration denied because evidence did not address disability period
A former postal worker sought reconsideration of a disability claim covering the period ending November 18, 1999. OWCP declined to reopen the case. The Board found that her arguments repeated earlier points and that the new medical reports did not address whether the accepted injury caused…
L.P. and U.S. Postal Service, South River Post Office, South River, NJ
Related injury files must be combined before OWCP decides both claims
A postal carrier pursued claims arising from two injuries affecting her back, hip, and knee. OWCP decided the claims in separate files. The Board found that proper review required combining the files because the injuries overlapped and separate decisions could conflict. It directed OWCP to combine…
S.D. and U.S. Postal Service, Post Office, Port Arthur, TX
OWCP must review carrier’s statement about work duties
A postal carrier claimed plantar fasciitis from her work duties. OWCP denied the claim because it said she had not described the duties that allegedly caused the condition. The Board found that OWCP had received her narrative statement before its decision but had not reviewed it. It ordered OWCP to…
J.M. and U.S. Postal Service, Post Office, Baltimore, MD
Unexplained overpayment calculation sent back to OWCP
OWCP found that a postal worker had received $8,442.13 too much in compensation while also receiving age-related Social Security retirement benefits. It found him at fault and ordered recovery. The Board found that OWCP had not adequately explained its calculation, particularly for a period when he…
S.B. and U.S. Postal Service, Post Office, Absecon, NJ
Timely reconsideration request requires review under the proper standard
A postal carrier sought reconsideration of an emotional-condition claim through a written request for a Director’s Review. OWCP did not rule on her January 2018 letter requesting a Director’s Review. It denied a separate April 2018 request as untimely and applied the clear-evidence-of-error…
A.M. and U.S. Postal Service, Post Office, New Orleans, LA
Unreviewed psychiatric report requires a new OWCP decision
A postal clerk sought compensation for renewed disability after an accepted workplace robbery caused emotional conditions. OWCP denied the recurrence claim without addressing a psychiatrist’s report it had obtained, which described continuing disabling conditions. The Board held that OWCP had to…
R.I. and U.S. Postal Service, Post Office, Milwaukee, WI
Disability claim lacked medical proof for disputed year
A postal carrier sought total-disability compensation from March 14, 2015 through March 14, 2016 after an accepted back injury. The Board found that the submitted medical records diagnosed conditions and described treatment but did not adequately explain inability to work for the claimed period due…
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.