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.C. and Department of Justice, Federal Bureau of Investigation, New York, NY
Speculative medical opinion did not link stroke to driving
An FBI employee claimed a stroke and artery dissections following an accepted work driving incident. Her physician said head turning while driving could cause dissections and might have contributed here. The Board found that opinion speculative and insufficient to establish a causal connection. It…
D.S. and U.S. Postal Service, Post Office, Castle Rock, CO
Fraud conviction termination and overpayment upheld
A postal worker pleaded guilty to a federal false-claims offense involving FECA benefits. OWCP terminated compensation from the date the court accepted the plea and found an overpayment of $1,146.84 for later benefits. The Board held that the conviction triggered the statutory forfeiture and…
United States Department of the Air Force, Minot Air Force Base, North Dakota and American Federation of Government Employees, Local 4046
Minot Air Force Base and AFGE Local 4046 (FLRA 0-AR-5323): Reconsideration denied
AFGE first filed an unfair-labor-practice charge over Minot Air Force Base's change to hazardous-duty-pay practices and later filed a grievance seeking retroactive hazard pay based on the same change. The Authority had set aside an arbitration award after finding that the earlier charge barred the…
Nikolay A. Serbinovich v. Gunderson, Incorporated and Liberty Northwest Insurance Corporation
Serbinovich v. Gunderson (BRB 18-0596): attorney fee award affirmed
After Nikolay Serbinovich's Longshore Act claim settled, his attorney sought fees for work before the judge. The judge awarded $12,066.60, using Portland market data to set hourly rates and applying newer rates to older work to account for payment delay. Counsel appealed the rates and argued that…
Muncie L. Mullins v. Lambert Coal Company and Liberty Mutual Insurance Company
Mullins v. Lambert Coal (BRB 18-0480 BLA): benefits award vacated for new hearing
Muncie Mullins received a black lung benefits award after the judge applied the fifteen-year presumption to his claim. Lambert Coal challenged the judge's appointment under the Constitution's Appointments Clause. The Board found that the judge had held a hearing and admitted evidence before the…
Brough v. BNSF Railway Company
Injury-report retaliation upheld but punitive damages reversed
BNSF fired longtime employee Steve Brough after he reported an injury from a locomotive collision weeks after the accident. Substantial evidence supported the ALJ's finding that the report contributed to discharge, including management's reaction, shifting charges, and the railroad's perceived…
R.C. and U.S. Postal Service, Post Office, Ringgold, LA
Small overpayment and recovery deduction upheld
OWCP found a postal worker had received $829.24 too much in compensation over June through October 2017. The Board upheld that amount, denied waiver of recovery, and approved deductions of $340 every 28 days from continuing compensation.
K.T. and Department of the Interior, Bureau of Reclamation, Denver, CO
OWCP misidentified physician as nurse in fracture claim
A Bureau of Reclamation employee claimed a right-hand fracture after a work accident. OWCP denied the claim, saying the report came from a nurse rather than a qualified physician. The Board found that the report identified a medical doctor, with the clinic abbreviation mistakenly treated as a…
A.S. and Department of the Army, Combat Support Training Center, Fort Hunter Liggett, CA
Retirement-benefit overlap overpayment and recovery upheld
An Army employee received both FECA compensation and Social Security retirement benefits attributable to federal service. The Board upheld an overpayment of $41,759.19, OWCP’s denial of waiver, and recovery by deducting $500 every 28 days from continuing compensation.
J.M. and Department of Agriculture, Inspection Operations Program, Denison, IA
Unexplained impairment rating requires clarification
A Department of Agriculture employee sought a schedule award for left arm impairment. OWCP’s referral physician calculated shoulder and elbow impairment, but its district medical adviser disagreed without explaining the ratings or range-of-motion measurements. The Board found the adviser’s report…
L.S. and Department of Justice, Bureau of Prisons, FCI Jesup, Jesup, GA
New impairment report requires district medical adviser review
A Bureau of Prisons worker sought a schedule award for leg impairment from accepted lumbar radiculitis. After OWCP’s medical adviser evaluated the claim, OWCP’s second-opinion examiner, Dr. Topp, submitted a supplemental report describing neuropathy. The Board held that OWCP should have sent that…
A.F. and U.S. Postal Service, Post Office, Corvallis, OR
Social Security overlap overpayment and recovery upheld
A postal worker received FECA compensation alongside Social Security retirement benefits based on federal service. The Board upheld OWCP’s $39,827.09 overpayment determination, denial of waiver, and recovery at $300 every 28 days from continuing benefits.
M.S. and U.S. Postal Service, Post Office, Beverly Hills, CA
Injury claim lacked a consistent account of the incident
A postal worker sought compensation for an alleged workplace injury. OWCP asked her to explain how and when the incident occurred, but she did not return the questionnaire. The Board found no consistent account of the incident in the record and affirmed the denial without reaching the medical…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Dublin, California and American Federation of Government Employees, Local 3584
FCI Dublin and AFGE Local 3584 (FLRA 0-AR-5357): Mission-critical-post remedy vacated in part
An earlier final arbitration award found that FCI Dublin violated its agreement by leaving mission-critical posts vacant. A later arbitrator found continued violations, ordered the agency to stop vacating those posts except in emergencies or rare circumstances, and awarded additional overtime…
Secretary of Labor v. Consol Buchanan Mining Company, LLC
Roof-plan violation remained non-S&S on remand
Consol Buchanan took a crosscut about two to three-and-a-half feet deeper than its roof control plan allowed in adverse roof conditions. The violation itself had already been affirmed, but a federal appeals court remanded the S&S question and directed the judge not to rely on redundant safety…
Matter of Jesus Gabriel NAVARRO GUADARRAMA
A realistic-probability showing is required for an overbroad state drug statute
The Board reviewed a removal case involving a Mexican citizen who had two Florida convictions for possessing less than 20 grams of marijuana. He argued that Florida's definition of marijuana was broader than the federal definition because it could reach substances not listed on the federal…
J.G. and Department of Justice, Federal Bureau of Prisons, Pollock, LA
Toe-impairment rating requires medical-adviser clarification
A Bureau of Prisons worker sought a larger schedule award for right leg impairment arising from a sesamoid-bone fracture. The treating physician and OWCP medical adviser used disputed grade modifiers, and the adviser did not explain one score. The Board set aside the decision and directed OWCP to…
D.M. and Department of Homeland Security, National Protection & Programs Directorate, Casa Grande, AZ
Chemical-exposure kidney claim requires fuller development
A Homeland Security employee claimed kidney failure from chemical exposure at work. His physician linked the condition to identified chemicals and objective testing, and the Board found the uncontradicted opinion sufficient to require further inquiry. It directed OWCP to document the exposures…
J.C. and Social Security Administration, West Palm Beach, FL
Large overpayment and recovery deduction upheld
A Social Security Administration employee challenged an overpayment of $22,560.44. The Board upheld the amount, OWCP’s refusal to waive recovery, and deductions of $500 every 28 days from continuing compensation.
J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL
Late reconsideration failed clear-error test
A postal worker asked OWCP to reconsider a claim after the filing deadline. The Board found the request untimely and its arguments insufficient to demonstrate clear evidence of error in the prior decision. It affirmed the refusal to reopen.
D.K. and Department of Homeland Security, Citizenship & Homeland Security, Seattle, WA
Reconsideration submissions did not warrant merits review
A Homeland Security employee sought reconsideration of a compensation claim. The Board found that the submissions did not meet the regulatory grounds for reopening the merits. It affirmed OWCP’s nonmerit decision.
V.R. and Department of the Treasury, Internal Revenue Service, Houston, TX
Emotional-condition acceptance rescinded on corrected record
OWCP had accepted an IRS employee’s emotional-condition claim based on a supposed favorable EEOC decision. The Board found that the cited decision did not exist in the record, so OWCP properly rescinded acceptance. It also found the worker had not established a compensable employment factor for her…
M.E. and U.S. Postal Service, Processing & Distribution Center, Garden City, NY
Neck and back conditions not tied to work incident
A postal worker claimed neck, back, and shoulder conditions after an accepted workplace incident. The Board found no reasoned medical explanation linking the conditions to that incident, particularly given preexisting problems. It also upheld OWCP’s refusal to reopen the claim on reconsideration.
S.T. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX
Untimely reconsideration showed no clear error
A postal worker sought reconsideration after the filing period had expired. The Board found that her submissions did not show clear evidence of error in the earlier claim decision. It affirmed OWCP’s refusal to reopen the case.
J.G. and Department of Defense, Education Activity, Alexandria, VA
Short wage-loss claim lacked medical disability proof
A Defense Department employee sought wage-loss compensation for March 20 through 22, 2017 after an accepted injury. Dr. Palmer excused her for the claimed days, but his reports addressed a muscle injury rather than the accepted closed-head injury and did not explain a causal link to that accepted…
M.R. and Department of Veterans Affairs, Veterans Administration West Haven Healthcare System, West Haven, CT
Overpayment recovery upheld despite lack of fault
A VA employee received $1,912.90 too much in compensation but was found without fault. The Board nevertheless upheld OWCP’s denial of waiver and recovery through $125 deductions every 28 days from continuing benefits.
A.B. and Department of the Air Force, Norton Air Force Base, CA
Late reconsideration did not show clear error
A former Air Force employee requested reconsideration after the applicable one-year period. The Board found no clear evidence that OWCP had erred in its earlier compensation ruling. It affirmed OWCP’s refusal to reopen the claim.
C.W. and U.S. Postal Service, Post Office, Highland, NY
Related elbow claims must be combined
A postal carrier brought both a traumatic injury claim and an occupational disease claim involving his right elbow. OWCP accepted lateral epicondylitis in one file but separately denied a claimed tendon tear. The Board found that the overlapping medical records needed to be combined before either…
Secretary of Labor v. American Aggregates of Michigan, Inc.
Settlement denial accepted for interlocutory review
An administrative law judge denied a settlement motion, later recused, requested reassignment, and certified the settlement ruling for interlocutory review. The Commission found that the ruling presented a controlling legal question whose immediate resolution could materially advance the case. It…
United States Department of the Treasury, Office of the Comptroller of the Currency and National Treasury Employees Union, Chapter 299
Comptroller of the Currency and NTEU Chapter 299 (FLRA 0-AR-5416): Late arbitration award vacated
NTEU invoked arbitration over an employee performance evaluation but did not schedule a hearing within the agreement's six-month deadline. An arbitrator acknowledged that the hearing was scheduled seven and one-half months after invocation but relied on bargaining history and past scheduling…
J.M. and Department of Justice, U.S. Marshals Service, Providence, RI
Recurrence and added pain-syndrome claims denied
A deputy U.S. marshal sought compensation for renewed total disability and asked OWCP to add causalgia or complex regional pain syndrome to an accepted injury claim. The Board found the medical evidence insufficient to connect the claimed recurrence or additional condition to the accepted injury…
D.S. and Department of Homeland Security, U.S. Citizenship & Immigration Services, Los Angeles, CA
Repetitive wrist duties established; medical review required
An immigration services employee claimed carpal tunnel syndrome from repetitive writing and typing. OWCP denied the claim, finding the work events unproven, even though the employer described those duties. The Board found the work factors established and remanded for medical review of causation.
L.T. and U.S. Postal Service, Post Office, Naples, FL
Elbow denial upheld but reconsideration sent back
A postal worker sought compensation for a right elbow condition after an accepted July 17, 2018 incident. The Board upheld the merits denial for insufficient causal medical proof. It set aside OWCP’s later refusal to reconsider because OWCP had not addressed an MRI report received before that…
D.C. and U.S. Postal Service, FDR Post Office, Parcel Post Annex, New York, NY
Related shoulder claims need combined records
A postal parcel carrier claimed a right shoulder condition from repetitive work and from compensating for an accepted left shoulder injury. OWCP reviewed the right shoulder claim separately from the left shoulder file. The Board found that the overlapping medical histories required the files to be…
J.N. and Department of State, U.S. Embassy, Kabul, Afghanistan
Performance of duty not established
A State Department employee claimed an injury on April 10, 2015 at the U.S. Embassy in Kabul. The Board found that the record did not establish the alleged incident in the performance of duty, including because the date was not a scheduled workday. It affirmed OWCP’s denial.
G.M. and Department of the Air Force, Lakehurst Naval Base, Lakehurst, NJ
Left hip condition and replacement request denied
An Air Force employee sought to add left hip conditions to an accepted injury claim and requested a total hip replacement. The Board credited the impartial physician’s reasoned opinion that the hip conditions were not caused by the work injury. It upheld both OWCP’s refusal to expand the claim and…
Matter of Magdaleno ANDRADE JASO and Matter of Carmina CARBAJAL AYALA
Meritless asylum filings may support dismissal of proceedings
The Board reviewed the dismissal without prejudice of removal proceedings against two respondents who filed asylum applications, did not attend their asylum interviews, withdrew those applications at the first court hearing, and then sought cancellation of removal. The Immigration Judge found that…
John Hidell v. Duwamish Shipyard, Incorporated and Duwamish Marine Services, LLC
Hidell v. Duwamish Marine Services (BRB 18-0564): knee benefits and insurer liability affirmed
John Hidell injured his left knee while working at Duwamish Shipyard and later continued physical work at Duwamish Marine Services. After knee replacement surgery, a dispute arose over whether the later disability was solely a progression of the original injury or was aggravated by his later work…
Everett L. Silcox v. T. M. Coal Company and Old Republic Insurance Company
Silcox v. T. M. Coal (BRB 18-0497 BLA): benefits and fee awards vacated
Everett Silcox received a black lung benefits award and a related attorney fee award. T. M. Coal challenged the 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 ratified Department of…
James D. Ison v. ICG Knott County, LLC and Arch Coal, Incorporated
Ison v. ICG Knott County (BRB 17-0628 BLA): Board attorney fee awarded
After defending James Ison's black lung benefits award before the Board, his attorney requested a fee for the appellate work. The petition listed fifteen hours at $325 per hour, totaling $4,875. ICG Knott County did not object. The Board found the amount reasonable for the necessary services and…
Ralph Upton v. Four Aces Mining, Incorporated and Employer Insurance of Wausau
Upton v. Four Aces Mining (BRB 17-0597 BLA): reconsideration denied
Ralph Upton asked the Benefits Review Board to reconsider an earlier decision in his black lung claim against Four Aces Mining. The order does not describe his arguments or the earlier decision's merits. It states that no member of the panel voted to vacate or modify the decision. The Board denied…
Clida J. Witt v. Basic Mining Corporation and Old Republic Insurance Company
Witt v. Basic Mining Corporation (BRB 18-0498 BLA): survivor benefits award vacated for a new hearing
Clida Witt sought survivor benefits after the death of her husband, who had worked more than fifteen years in underground coal mining. An administrative law judge awarded benefits after finding that the miner's death was presumed to be due to pneumoconiosis and that Basic Mining had not rebutted…
Linda S. Scott v. Meg-Lynn Land Company, Incorporated
Scott v. Meg-Lynn Land Company (BRB 18-0373 and 18-0374 BLA): miner and survivor awards vacated for a new hearing
Linda Scott pursued her late husband's black lung claim and her own survivor claim against Meg-Lynn Land Company. An administrative law judge awarded both claims after finding that the miner had pneumoconiosis and was totally disabled by it. The employer challenged the judge's appointment under the…
Michael Robirds v. ICTSI Oregon, Incorporated and Signal Mutual Indemnity Association, Limited
Robirds v. ICTSI Oregon (BRB 17-0635): en banc reconsideration denied
Michael Robirds sought en banc reconsideration of the Benefits Review Board's earlier decision in his Longshore Act case against ICTSI Oregon and its carrier. The employer opposed the motion. A majority of the Board's permanent members voted against reconsidering the decision. The Board therefore…
J.M. and Department of the Air Force, Laughlin Air Force Base, Del Rio, TX
New schedule award claim sent back for a decision
An Air Force employee sought an increased schedule award for an accepted upper-extremity injury. OWCP’s April 25, 2019 letter said it would take no further action on the new claim. The Board held that the new claim required its own adjudication, set aside OWCP’s letter decision, and directed OWCP…
A.T. and U.S. Postal Service, Queens Vehicle Plant Facility, Jamaica, NY
Conflicting knee opinions require an impartial examination
A Postal Service employee sought to add knee arthritis, meniscal tears, and ligament conditions to a claim that OWCP had accepted for a left knee abrasion and contusion. His physician linked the additional conditions to the work injury, while OWCP’s referral physician disagreed. The Board found a…
T.T. and U.S. Postal Service, Jose Marti Station, Miami, FL
Postal route fall accepted as an incident; injury sent back
A Postal Service carrier said he hurt his left ankle after stepping into a hole concealed by artificial grass near a mailbox. OWCP denied the claim after questioning whether the incident had occurred as described. The Board found his detailed account sufficient despite a dispute over when he…
G.N. and Department of Veterans Affairs, Southern Nevada Healthcare System, Las Vegas, NV
Injury claim denied for lack of medical causation
A Department of Veterans Affairs health technician reported neck and wrist injuries after a patient grabbed his neck and hand at work. OWCP accepted that the incident occurred but denied the injury claim. The Board found that a physician diagnosed asphyxia without connecting it to the incident…
C.C. and Department of Defense, Defense Finance & Accounting Service, Indianapolis, IN
Thumb injury claim denied for lack of medical causation
A Defense Department pay technician reported thumb pain after tripping on stairs at work. OWCP accepted the fall but denied the injury claim. The Board found that her physician diagnosed an aggravation of preexisting thumb arthritis without explaining how the May 2018 fall caused or worsened it. It…
W.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
Wage-earning capacity ruling sent back for job-duty evidence
A Department of Veterans Affairs employee sought to change an earlier loss of wage-earning capacity determination based on her accommodated licensed practical nurse job. The Board found that the job offer lacked physical requirements, leaving the record insufficient to show whether the work fit her…
S.R. and U.S. Postal Service, Hato Rey Station, San Juan, PR
Disability claim sent back to clarify work restrictions
A Postal Service employee sought wage-loss compensation beginning January 1, 2014 for an accepted post-traumatic stress disorder claim. OWCP denied the claim based on a physician’s view that he could return to work, but that physician also limited his work location and hours because of the accepted…
T.K. and U.S. Postal Service, Post Office, Atlanta, GA
Disability period and added ankle conditions denied
A Postal Service employee sought wage-loss compensation for April 10 through August 7, 2015 after an accepted left ankle sprain. She also asked OWCP to recognize additional ankle and foot conditions. The Board found that her doctors had not explained how the accepted injury caused the claimed…
D.S. and U.S. Postal Service, Processing & Distribution Center, Detroit, MI
Lower-extremity schedule award denied
A Postal Service employee sought a schedule award for permanent impairment of his lower extremities following an accepted lumbar injury. An impartial medical examiner found no ratable lower-extremity impairment, and the Board gave that opinion special weight because it was reasoned and based on the…
C.A. and Department of Veterans Affairs, Houston Regional Office, San Antonio, TX
Medical causation claim sent back for a second opinion
A Department of Veterans Affairs appraiser claimed neck, back, shoulder, and knee conditions after a vehicle collision during work. OWCP accepted that the incident occurred but denied the claim for lack of medical proof connecting the conditions to it. The Board found that a later physician's…
Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON, Respondents
Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON (BIA ID 3954): Attorney General referred conviction-vacatur questions
The Attorney General referred two Board decisions for review of how a judicial change to a criminal conviction or sentence should affect the immigration consequences of that conviction. The referral covers changes labeled vacatur, modification, clarification, or another term. The Board’s decisions…
Eddie Earl Holbrook v. Sun Glo Coal Company and Old Republic Insurance Company
Holbrook v. Sun Glo Coal Company (BRB 18-0490 BLA): benefits award vacated for a new hearing
Eddie Earl Holbrook filed a later black lung benefits claim after at least fifteen years of underground coal mine work. An administrative law judge found that Holbrook was totally disabled, applied the fifteen-year presumption of disability due to pneumoconiosis, and awarded benefits when Sun Glo…
A.C. and U.S. Postal Service, Post Office, Millersville, PA
Vehicle collision injury claim denied for lack of medical causation
A Postal Service letter carrier reported neck, shoulder, and ankle problems after another vehicle struck his work vehicle. OWCP accepted the collision but denied the injury claim. The Board found that the physician’s emergency report, diagnostic studies, and other records did not provide a medical…
T.G. and Defense Agencies, Pentagon Force Protection Agency, Alexandria, VA
Emotional-condition claim denied for lack of a compensable work factor
A Pentagon police officer claimed stress-related conditions from his supervisor’s conduct during training and from alleged harassment and complaint handling. The Board found no substantiated abuse or harassment and no showing that management had mishandled his complaints. It affirmed OWCP’s denial…
W.B. and U.S. Postal Service, New Jersey International Processing & Distribution Center, Jersey City, NJ
Claimed disability period denied despite accepted arm contusions
A Postal Service employee sought wage-loss compensation from February 6, 2016 through August 7, 2017 after accepted right shoulder and upper-arm contusions. Her physicians described additional shoulder and cervical conditions but did not explain why the accepted contusions made her unable to work…
S.P. and Department of Veterans Affairs, Veterans Health Administration, Ann Arbor, MI
Reconsideration denial affirmed after repeated medical submission
A Veterans Health Administration nurse sought reconsideration of OWCP’s decision concerning continuing disability after an accepted back injury. Her new physician report repeated an earlier opinion and did not add relevant medical reasoning. The Board held that OWCP properly declined to reopen the…
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.