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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R.K. and U.S. Postal Service, Post Office, Atlanta, GA
Reconsideration submissions did not reopen injury claim
A postal customer service representative sought reconsideration of a claim arising from a failed chair lift at work. OWCP refused to reopen the merits. The Board found that his narrative and photographs did not address the missing medical evidence linking diagnosed conditions to the incident. It…
D.S. and U.S. Postal Service, Post Office, San Diego, CA
Prior ten-percent arm awards exceeded current impairment rating
A postal worker sought larger schedule awards for impairment of both arms after accepted hand and wrist conditions. She had already received 10 percent for each arm. The district medical adviser calculated nine percent for each arm under the applicable impairment guide, and the Board found that…
S.I. and Institute of American Indian Arts, Human Resources Office, Santa Fe, NM
Accepted neck and back sprains did not prove total disability
An employee sought wage-loss compensation for June 28 through October 30, 2015 after an accepted neck and back sprain from a work vehicle accident. Medical reports described work restrictions, but did not establish that he could perform no work during the period. A later total-disability opinion…
S.K. and U.S. Postal Service, Post Office, Allen, TX
Medical reports did not establish total disability from accepted injuries
A postal rural carrier sought wage-loss compensation for February 13 through March 31, 2017 after accepted neck and shoulder conditions. The Board found that her doctors did not explain why those conditions prevented her from performing her job throughout the claimed period. Statements that she…
B.H. and U.S. Postal Service, Post Office, Houston, TX
Wage-earning capacity request must be treated as modification
A postal worker challenged OWCP’s assessment of her ability to earn wages and cited a Social Security disability finding. OWCP treated her letter as a reconsideration request. The Board found that the substance of the letter sought modification of the wage-earning capacity determination. It set…
G.O. and Department of the Army, Department of Public Works, Fort Drum, NY
Related wrist injury files require a combined record
An Army equipment operator claimed a tendon rupture linked to a plate installed for an earlier accepted wrist fracture. OWCP decided the new claim without combining or incorporating the earlier injury file, even though the medical theory depended on that surgery. The Board found that the prior…
S.B., widow of S.B., and U.S. Postal Service, Post Office, Lubbock, TX
Estate information needed before overpayment decision
OWCP made a preliminary overpayment finding before the postal worker died, then reissued that finding to his estate. His widow participated in the appeal. The Board found that the record lacked sufficient information about the estate and probate to evaluate the overpayment action. It set aside…
J.J. and U.S. Postal Service, Post Office, Allen Park, MI
Impairment conflict remains unresolved after incomplete examiner report
A postal carrier sought a schedule award for permanent impairment of both legs following accepted knee conditions. OWCP referred her for an impartial examination, but the examiner did not give the requested impairment rating. OWCP then denied the claim based on that report. The Board found the…
J.H. and Department of Veterans Affairs, Orlando Veterans Administration Medical Clinic, Orlando, FL
Nine-percent knee award and its pay rate upheld
A VA housekeeping aide sought more than nine percent impairment of his right leg and challenged the pay rate for his schedule award. The Board found no medical basis for a higher impairment rating. It also found OWCP properly used the date of disability and calculated the weekly rate from his…
V.R. and General Services Administration, NCR Public Building Service, Kansas City, MO
Returned notice defeats final overpayment decision
OWCP issued a final overpayment decision against a GSA worker after mailing a preliminary notice. The postal service returned that notice as undeliverable, but OWCP did not reissue it. The Board found that he had not been given the chance to contest the overpayment or request a waiver. It set aside…
J.L. and Department of the Interior, Bureau of Reclamation, Dutch John, UT
Missed telephone conference requires renewed overpayment process
A Bureau of Reclamation worker disputed an overpayment determination and requested a telephone conference. A preliminary notice sent to her representative was returned undelivered, and the later handling of the conference deadline was unclear. The Board found that she had not received the required…
T.L. and U.S. Postal Service, Post Office, Madison, AL
Overwork factor requires medical review of stroke claim
A postal employee attributed a stroke to work stress and overwork. OWCP denied her emotional-condition claim without reaching medical causation because it found no compensable work factor. The Board rejected unsupported harassment allegations but found a compensable overwork factor involving an…
National Labor Relations Board (Agency) and National Labor Relations Board Professional Association (Union)
NLRB and NLRB Professional Association (FLRA 0-AR-5507): Preliminary arbitration challenges denied
The NLRB challenged a preliminary arbitration award in a dispute with its employees' union and asked the Authority for immediate review. The Authority granted early review because a ruling for the agency could have ended further arbitration. It then found that the agency had not shown the award was…
United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Chapter 97 (Union)
IRS and NTEU Chapter 97 (FLRA 0-AR-5399): Factfinder cost dispute remains arbitrable
The IRS and the union used a factfinder after bargaining reached an impasse over a renewed office lease. The union claimed that a contract provision required the IRS to pay all factfinding costs after it rejected the recommendation on employee parking. The IRS argued that the cost dispute was not a…
Secretary of Labor v. Stone Zone
Twelve final penalty assessments left closed
Stone Zone asked the Commission to reopen 12 penalty assessments that became final when the company did not contest them within 30 days. Ten requests were filed more than one year after finality and were untimely under the rule governing relief from final orders. The Commission also denied the two…
Marvin R. Radcliff v. Energy West Mining Company and PacifiCorp Elec Operations
Radcliff v. Energy West Mining (BRB 17-0484 BLA): en banc reconsideration denied
Energy West Mining asked the full Board to reconsider its earlier decision affirming Marvin Radcliff's black lung benefits award. It raised a challenge to the administrative law judge's appointment for the first time after the Board had decided the merits. The Board held that the employer had…
Gatto v. General Utilities
Truck refusal not objectively reasonable
Fuel-delivery driver Thomas Gatto refused to use a spare truck because he recalled earlier problems opening its doors and windows. He did not inspect or enter the truck before refusing, its maintenance records showed repairs and a passed state safety inspection, and a mechanic and other drivers…
Brown v. Synovus Financial Corporation
Renewed fraud-on-the-court motion denied
An ALJ granted summary decision against Michael Brown in his Sarbanes-Oxley case against Synovus Financial. Brown missed the 14-day Board appeal deadline, and both the Board and the Eleventh Circuit rejected his later challenges. He then returned to the ALJ with another fraud-on-the-court motion…
B.R. and Department of Justice, Drug Enforcement Administration, Omaha, NE
Neck and shoulder claim lacked competent causal diagnosis
A DEA secretary claimed neck and shoulder conditions from repetitive scanning, telephone use, and other desk work. OWCP accepted the work factors but denied compensation. The Board found no physician’s medical opinion establishing a diagnosed condition caused by those duties; pain alone was not a…
L.D. and U.S. Postal Service, Post Office, Glasgow, KY
Recurrence and added cervical conditions lacked causal proof
A postal carrier sought renewed disability benefits and asked OWCP to add cervical radiculopathy and degenerative disc disease to an accepted neck-sprain claim following a work vehicle accident. The Board found that the medical reports did not adequately explain either renewed inability to work or…
F.S. and Department of the Interior, Hot Springs National Park, Hot Springs, AR
Knee claim lacked a reasoned link to work incident
A National Park Service employee claimed a left knee condition after an accepted work incident. OWCP denied the injury claim. The Board found that the treating doctor’s causal opinion did not explain how the incident caused or contributed to the diagnosed knee condition. A diagnostic study also did…
F.P. and General Services Administration, Public Building Service, Kansas City, MO
New respiratory report did not warrant reopening exposure claim
A GSA employee sought reconsideration of an exposure-related respiratory claim. His new report listed diagnoses, including asbestos-related conditions, but did not explain whether the accepted workplace exposure caused them. The Board found that the report did not address the reason the claim had…
K.J. and U.S. Postal Service, Post Office, Milwaukee, WI
Disability denial upheld but pain-syndrome expansion sent back
A postal worker sought compensation for a recurrence of total disability and asked OWCP to add complex regional pain syndrome to her accepted dog-bite claim. The Board found insufficient proof of disability starting March 1, 2016. A doctor’s uncontradicted findings nevertheless raised a plausible…
P.C. and U.S. Postal Service, Processing & Distribution Center, City of Industry, CA
Compensation reduction after refusal of limited duty upheld
A postal mail handler with accepted hand and wrist conditions declined a temporary limited-duty position. OWCP reduced his wage-loss compensation based on the earnings he could have received and later denied reconsideration. The Board found the reduction proper under the limited-duty rule and…
K.V. and Department of the Interior, Fish & Wildlife Service, Tishomingo, OK
OWCP must examine whether accepted injury caused added conditions
A Fish and Wildlife Service worker asked OWCP to expand an accepted thoracic-strain claim to include additional spine and related conditions. OWCP denied expansion by attributing a negative causation opinion to its second-opinion physician. The Board found that the physician had not actually…
Richard Wamala v. SOC-SMG, Incorporated and Insurance Company of the State of Pennsylvania
Wamala v. SOC-SMG (BRB 19-0089): final settlement challenge dismissed
Richard Wamala was injured while working as a security guard in Iraq and later accepted an approved lump-sum settlement. Years later, he sought additional compensation and argued that the agreement had been obtained through fraud or pressure. The Board held that the approved settlement became final…
Ruby L. Allen (widow of and on behalf of Jewell Hart Allen) v. Crown Energy Corporation and American Resources Insurance Company
Allen v. Crown Energy (BRB 18-0393 BLA): miner and survivor awards affirmed
Jewell Allen worked for twenty-eight years at surface coal mines and had a disabling respiratory impairment. After an earlier remand, the judge again found that at least fifteen years of the work involved regular coal dust exposure similar to underground conditions. Crown Energy challenged that…
Jimmie Wilson v. Fluor Federal Global Projects, Incorporated and Insurance Company of the State of Pennsylvania
Wilson v. Fluor Federal Global Projects (BRB 18-0254): disease causation remanded
Jimmie Wilson handled jet fuel while working for Fluor in Afghanistan and later developed multiple myeloma. A judge denied benefits after finding insufficient proof that his work exposed him to benzene or caused the disease. The Board majority held that Wilson had introduced enough evidence to…
R.S. and Department of Homeland Security, Federal Protection Service, Des Moines, IA
Reconsideration evidence did not reopen injury claim
A federal employee asked OWCP to reconsider an injury claim arising from a work vehicle accident. The new physical-therapy notes lacked a physician’s review, while other material repeated evidence already considered. The Board found no relevant new medical evidence or legal argument and affirmed…
J.C. and Department of the Army, Medical Command, Fort Benning, GA
Arm diagnoses lacked consistent injury history and causal explanation
An Army employee claimed left arm conditions after an accepted May 15, 2014 incident. Doctors described different injury histories and did not adequately explain how that incident caused the diagnosed conditions. The Board affirmed OWCP’s denial.
S.O. and U.S. Postal Service, Post Office, West Seneca, NY
Further foot and knee conditions not added to accepted claim
A postal worker asked OWCP to expand an accepted left foot injury claim to include additional foot and knee diagnoses. Her physician listed conditions and checked boxes for work causation, but the Board found the reports did not adequately explain the link to the accepted incident. It affirmed the…
M.H. and U.S. Postal Service, Post Office, Brandon, FL
Prior fifteen-percent arm award not increased
A postal worker sought an increased schedule award for right-arm impairment above the 15 percent already paid. Physicians disputed the proper range-of-motion calculation. The Board found that the supported impairment rating did not exceed the earlier award and affirmed OWCP’s denial of additional…
M.T. and Department of Transportation, Federal Railroad Administration, Renton, WA
Knee condition not shown to result from work incident
A Federal Railroad Administration worker claimed a left knee condition after an accepted June 14, 2017 work incident. Medical reports described knee symptoms and degenerative changes but did not adequately explain how the incident caused the claimed condition. The Board affirmed OWCP’s denial.
J.K. and U.S. Postal Service, Post Office, Milwaukee, WI
Back claim lacked competent causal medical evidence
A postal worker claimed back conditions from accepted work duties. The Board found that a chiropractor’s notes did not qualify as physician evidence under FECA because they lacked an x-ray supported spinal subluxation. Other medical records did not adequately explain a work connection. It affirmed…
T.M. and U.S. Postal Service, Post Office, Opa-Locka, FL
Early arrival at workplace needs factual development
A postal worker was injured on the employer’s premises about 55 minutes before her shift. OWCP denied the claim without determining why she was there early. The Board held that OWCP needed statements from the worker and employer about her presence before it could decide whether the injury occurred…
V.G. and Department of Veterans Affairs, Veterans Health Administration, Murfreesboro, TN
Late reconsideration request showed no clear error
A VA employee requested reconsideration more than one year after the last merits decision. OWCP applied the rule for untimely requests and found no clear evidence of error. The Board agreed and affirmed the refusal to reopen the claim.
R.W. and U.S. Postal Service, Post Office, Cape Canaveral, FL
Shoulder condition not linked to accepted job duties
A postal worker claimed left shoulder conditions from accepted work factors. Her doctor diagnosed degenerative rotator-cuff changes but gave no opinion on what caused them. The Board affirmed OWCP’s denial for lack of causal medical proof.
G.W. and U.S. Postal Service, National Distribution Center, Jersey City, NJ
Wrist claim lacked medical causation opinion
A postal worker claimed a left wrist injury after an accepted November 1, 2014 work incident. His immediate treatment record identified a fracture but did not explain whether the work incident caused it. The Board found the record lacked a reasoned causal medical opinion and affirmed the denial.
F.D. and Department of Homeland Security, Federal Protective Service, Washington, DC
Cancer claim lacked reasoned link to federal work
A Federal Protective Service employee sought FECA coverage for cancer conditions in connection with work exposure. A World Trade Center health program had certified conditions for treatment, but the Board found that the submitted physician material did not independently explain the causal link…
G.M. and U.S. Postal Service, Post Office, Huntington Station, NY
Termination for refusing work reversed
OWCP terminated a postal worker’s wage-loss and schedule-award benefits after he declined a modified carrier job. The Board found that OWCP had not proved the job was medically suitable because the supporting physician did not adequately address his other relevant back and knee conditions. It…
R.V. and U.S. Postal Service, Post Office, Rockville, MD
No timely medical proof of injury after accepted incident
A postal worker claimed an injury from an accepted June 2, 2017 workplace incident. OWCP requested medical evidence, but none was submitted during the development period. The Board found the injury claim unproven and also upheld OWCP’s refusal to reopen the merits on reconsideration.
K.C. and U.S. Postal Service, Post Office, Painesville, OH
Additional lumbar diagnoses not accepted
A postal worker asked OWCP to expand her injury claim to include L5-S1 retrolisthesis and a herniated disc. The Board reviewed the conflicting medical opinions and found that she had not established a causal link between the accepted injury and those diagnoses. It affirmed the refusal to expand the…
Wevers v. Montana Rail Link, Inc.
FRSA prompt-treatment protection limited to injury aftermath
Montana Rail Link employee John Wevers claimed the railroad interfered with treatment for workplace back injuries and disciplined him because he reported the injuries and followed medical plans. The Board held that the FRSA ban on denying, delaying, or interfering with treatment applies only to…
Manuel Watson v. Ebenezer Coal Company, Incorporated and Old Republic Insurance Company
Watson v. Ebenezer Coal (BRB 18-0466 BLA): benefits and fee awards vacated
Manuel Watson received a black lung benefits award and a related attorney fee award. Ebenezer Coal challenged the administrative law judge's appointment under the Constitution's Appointments Clause. The Board found that the judge had held a hearing and taken evidence before the Secretary of Labor…
In re Choctawhatchee Electric Cooperative, Inc.
Davis-Bacon applies to privatized base utility construction
Choctawhatchee Electric Cooperative received a 50-year contract to buy, operate, maintain, and upgrade the electrical system at Eglin Air Force Base. It argued that Davis-Bacon did not apply because the cooperative would own the infrastructure and the government was not directly hiring construction…
M.P. and U.S. Postal Service, Post Office, Port Richey, FL
Late reconsideration showed no clear error
A postal worker requested reconsideration more than one year after OWCP’s last merits decision. The Board found the request untimely and the resubmitted medical records irrelevant to the disputed factual question of whether the incident happened as alleged. It upheld OWCP’s refusal to reopen the…
L.G. and U.S. Postal Service, Post Office, South Easton, MA
New medical report required merits reconsideration
A postal worker requested reconsideration of a claim involving a hand injury from closing a mailbox. OWCP refused to reopen the claim. The Board found both a new relevant legal argument and a physician’s new report addressing causation. It set aside the nonmerit decision and required OWCP to review…
N.B. and Department of Veterans Affairs, Olin E. Teague Veterans Center, Temple, TX
Dermatitis claim lacked reasoned link to antiseptic scrubbing
A VA operating room technician claimed hand dermatitis from workplace scrubbing. Some medical reports pointed to a hair-dye allergy or no known trigger. In a later report, the same dermatologist attributed the condition to antiseptic use but did not explain the physiological connection. The Board…
C.T. and U.S. Postal Service, Post Office, Jacksonville, AL
Lay statement did not reopen wrist claim
A postal worker sought reconsideration of a claim for bilateral wrist conditions. She submitted a statement attributing them to repetitive work but no new medical opinion on causation. The Board found that a lay statement could not resolve the medical issue and affirmed OWCP’s refusal to reopen the…
R.C. and U.S. Postal Service, Post Office, Longview, TX
Disability period needs an opinion on accepted conditions
A postal rural carrier sought wage-loss compensation from October 25, 2017 through May 22, 2018 after a work vehicle accident. OWCP later expanded the accepted conditions and authorized lumbar surgery but did not ask its medical adviser whether those conditions caused disability during the earlier…
C.M. and U.S. Postal Service, Post Office, Schaumburg, IL
Related hip and knee claims need combined records
A letter carrier claimed hip and knee conditions from decades of walking at work. OWCP denied one claim while a separate file accepted aggravation of bilateral hip osteoarthritis from the same work factors. The Board found that deciding the files separately could yield inconsistent results. It…
C.G. and U.S. Postal Service, Processing & Distribution Center, Tampa, FL
Overpayment existed but amount required recalculation
OWCP found that a postal worker received an overpayment because compensation used the wrong weekly pay rate. The Board agreed an overpayment existed, but found that OWCP’s own figures produced $7,227.60 while its final decision used $8,152.66 without explanation. It affirmed the existence of an…
J.G. and Social Security Administration, Santa Rosa, CA
Claimed arm conditions require further medical review
A Social Security employee claimed right arm, wrist, hand, and shoulder conditions from repetitive office duties. Her physician described a possible physical mechanism tying the conditions to typing and other work, though the opinion was not fully developed. The Board found that the uncontradicted…
Evoqua Water Technologies LLC
In re Evoqua Water Technologies LLC (EAB RCRA Appeal No. 18-01): Permit remanded in part and review otherwise denied
EPA Region 9 issued a Resource Conservation and Recovery Act permit to Evoqua Water Technologies LLC and the Colorado River Indian Tribes for a hazardous-waste treatment, storage, and disposal facility near Parker, Arizona. Evoqua challenged nine issues involving the co-permittees, hazardous-waste…
City of Sandpoint Wastewater Treatment Plant
In re City of Sandpoint Wastewater Treatment Plant (EAB NPDES Appeal No. 18-01): Phosphorus permit limits upheld
EPA Region 10 issued an NPDES permit to the City of Sandpoint, Idaho, for its wastewater treatment facility. The Idaho Conservation League challenged the phosphorus effluent limits, arguing that the mixing zones used to calculate them were too large under Idaho's water-quality regulation. The…
S.T. and U.S. Postal Service, Post Office, Framingham, MA
Traumatic injury account lacked necessary incident details
A postal worker claimed a head and neck injury during work training. OWCP asked for a detailed account, but he did not answer; a witness also reported that he did not mention hitting his head that day. The Board found the record insufficient to establish the alleged incident and affirmed the denial.
D.P. and U.S. Postal Service, Fred John Post Office, Milwaukee, WI
New shoulder evidence required merits reconsideration
A postal worker sought reconsideration after OWCP terminated wage-loss and medical benefits for a right shoulder injury. New ultrasound findings and a physician’s opinion addressed a continuing tendon tear and its connection to the original injury. The Board found this relevant new evidence and set…
L.R. and Tennessee Valley Authority, Chattanooga, TN
Repeated physician opinion did not reopen claim
A Tennessee Valley Authority employee sought reconsideration of a compensation claim. His new physician report repeated an earlier diagnosis and causal opinion without added reasoning. The Board found the report cumulative and affirmed OWCP’s refusal to reopen the merits.
M.A. and U.S. Postal Service, Post Office, Warwick, NY
Suitable-work termination reversed for unresolved job limits
OWCP terminated a postal worker’s wage-loss and schedule-award benefits for refusing a modified carrier position. The impartial examiner’s lifting and work-hardening statements left her actual capacity unclear, and the employer had not answered OWCP’s question about the job schedule. The Board…
K.J. and Department of Homeland Security, Transportation Security Administration, San Jose, CA
Back and leg conditions not linked to accepted incident
A TSA employee sought compensation for lumbar and left leg conditions after an accepted April 1, 2017 work incident. The Board found that the submitted medical opinions did not adequately explain how that incident caused the diagnosed conditions. It affirmed OWCP’s denial.
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.