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.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

R.A. and U.S. Postal Service, Post Office, Chantilly, VA

R.A. (ECAB 18-1331): Shoulder schedule award returned for new measurements

R.A. challenged the 14 percent right arm impairment rating used for his schedule award. The Board found that the range-of-motion assessment did not show the three independent measurements required by OWCP guidance. It set aside OWCP’s November 30, 2017 hearing representative decision, which had…

April 24, 2019 ·ECAB
Remanded
COMM

G.B. and U.S. Postal Service, Post Office, Rocky River, OH

G.B. (ECAB 18-1288): Overpayment and recovery affirmed

G.B. received FECA compensation while also receiving Social Security retirement benefits attributable to his federal service. The Board upheld OWCP’s $19,668.87 overpayment finding and its determination that he was at fault, which barred waiver. It also affirmed recovery through $400 deductions…

April 24, 2019 ·ECAB
Affirmed
COMM

M.B. and U.S. Postal Service, International Service Center, Los Angeles, CA

M.B. (ECAB 19-0081): Termination of medical benefits reversed

OWCP terminated M.B.’s medical benefits based on an impartial examiner’s report. The Board found that the examiner’s opinion conflicted with the accepted facts, including conditions OWCP had already accepted as work related. Because that opinion could not carry special weight, OWCP had not met its…

April 23, 2019 ·ECAB
Vacated
COMM

V.M. and Environmental Protection Agency, Office of Enforcement & Compliance Assurance, St. Louis, MO

V.M. (ECAB 18-1800): Hearing loss award not increased

V.M. sought a schedule award greater than the four percent right-ear hearing loss already awarded. The Board found that OWCP’s medical adviser had correctly applied the standard hearing-loss calculation to the audiogram. It also found no basis for a separate tinnitus award without evidence that…

April 23, 2019 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Post Office, Bellmawr, NJ

B.C. (ECAB 18-1735): Injury claim denial affirmed

B.C. claimed an injury from an accepted April 11, 2016 work incident involving a motor vehicle accident. The Board found that his medical reports did not provide a sufficient reasoned explanation tying his diagnosed conditions to that incident. It affirmed OWCP’s denial.

April 23, 2019 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, Post Office, Franklin, WI

T.B. (ECAB 18-1694): Right elbow claim denial affirmed

T.B. claimed a right elbow injury after a November 28, 2016 work incident. The Board found that her physician diagnosed elbow conditions but did not adequately explain how the incident caused or aggravated them, especially given a preexisting condition. It affirmed OWCP’s denial.

April 23, 2019 ·ECAB
Affirmed
COMM

B.V. and Department of the Navy, Military Sealift Command, Norfolk, VA

B.V. (ECAB 18-1473): Injury and review denials affirmed

B.V. challenged OWCP’s denial of a claimed November 22, 2017 traumatic injury, its refusal of a late oral hearing request, and its denial of reconsideration. The Board found that the injury had not been established in the performance of duty. It also upheld the two review denials and affirmed all…

April 23, 2019 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Northern New Jersey Processing & Distribution Center, Teterboro, NJ

M.C. (ECAB 18-1374): Termination of benefits affirmed

OWCP terminated M.C.’s wage-loss compensation and medical benefits effective April 12, 2016. The Board found that OWCP had established that her accepted injuries no longer caused disability or residuals. It also found that she had not established continuing work-related disability or residuals…

April 23, 2019 ·ECAB
Affirmed
COMM

O.B. and Tennessee Valley Authority, Bellefonte Nuclear Plant, Hollywood, AL

O.B. (ECAB 19-0034): Overpayment recovery affirmed

OWCP found that O.B. had received a $241.03 compensation overpayment during May 10 through 26, 2018. The Board upheld that amount, the denial of waiver, and recovery through $10 deductions every 28 days from continuing compensation. It affirmed OWCP’s decision.

April 22, 2019 ·ECAB
Affirmed
COMM

V.P. and U.S. Postal Service, Post Office, White Plains, NY

V.P. (ECAB 18-1815): Right knee claim denial affirmed

V.P. sought recognition of a right knee condition related to an accepted September 18, 2012 incident. The Board found that a later report from a physician already involved in his case asserted causation without explaining how the incident caused the condition, and an older report had already been…

April 22, 2019 ·ECAB
Affirmed
COMM

D.T. and Department of Homeland Security, Federal Air Marshal Service, Denver, CO

D.T. (ECAB 18-1773): Right arm award not increased

D.T. sought a schedule award greater than the 13 percent permanent impairment already found for his right arm. The Board found that OWCP’s medical adviser properly used the available range-of-motion findings under the applicable impairment guide. It affirmed the award and denied an increase.

April 22, 2019 ·ECAB
Affirmed
COMM

K.T. and Department of the Air Force, Travis Air Force Base, CA

K.T. (ECAB 18-1561): Termination of compensation and medical benefits reversed

OWCP terminated K.T.’s wage-loss compensation and medical benefits effective May 30, 2017 after an accepted emotional condition. The Board found the referral physician’s opinions contradictory and insufficiently supported to show that the accepted conditions had resolved. It reversed the…

April 22, 2019 ·ECAB
Vacated
COMM

M.M. and Department of Veterans Affairs, Veterans Health Administration, Brooklyn Health & Human Services, Brooklyn, NY

M.M. (ECAB 18-1522): Respiratory claim denial affirmed

M.M. claimed reactive airway disease, allergic rhinitis, and bronchial asthma after a June 4, 2014 workplace incident involving floor cleaning. The Board found that the medical reports did not adequately establish that the accepted incident caused or aggravated those diagnoses. It affirmed OWCP’s…

April 22, 2019 ·ECAB
Affirmed
COMM

M.E. and Department of Agriculture, Farm & Foreign Service Agency, Riverdale, MD

M.E. (ECAB 18-1442): Late reconsideration request denied

M.E. sought reconsideration years after OWCP’s last merit decision concerning a claimed injury. The Board found the request untimely and concluded that his submission did not show clear evidence of error in the earlier decision. It affirmed OWCP’s refusal to reopen the claim.

April 22, 2019 ·ECAB
Affirmed
COMM

A.M. and Department of Justice, Bureau of Prisons, Federal Detention Center, Philadelphia, PA

A.M. (ECAB 18-1098): Spine and disability claim remanded for development

A.M. asked OWCP to add cervical and lumbar conditions to an accepted injury claim and pay wage loss for November 1 through 13, 2015. The Board found that her physician’s opinion did not yet prove the additional conditions but gave enough explanation to require further medical development. It set…

April 22, 2019 ·ECAB
Remanded
COMM

J.C. and Central Intelligence Agency, Chantilly, VA

J.C. (ECAB 18-1803): Work incident accepted; injury question remanded

J.C. claimed a traumatic injury while performing office projects on January 24, 2018. The Board found that the incident occurred in the performance of duty, but the record was not ready for a decision on whether it caused a compensable injury. It set aside OWCP’s denial and remanded for that…

April 19, 2019 ·ECAB
Remanded
COMM

J.T. and Department of the Navy, Marine Corps Air Station, Kaneohe Bay, HI

J.T. (ECAB 18-1757): Right arm award not increased

J.T. sought a schedule award greater than the eight percent right arm impairment previously awarded. After an earlier remand, the medical adviser used updated shoulder range-of-motion findings and the applicable impairment guide. The Board found no evidence supporting more than eight percent and…

April 19, 2019 ·ECAB
Affirmed
COMM

B.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Beckley, WV

B.M. (ECAB 18-1683): Lower-extremity award not increased

B.M. sought a schedule award above the four percent impairment previously awarded for each leg. The Board gave special weight to an impartial examiner who found no additional ratable impairment from the accepted lumbar conditions. It affirmed OWCP’s denial of an increased award.

April 19, 2019 ·ECAB
Affirmed
COMM

R.T. and U.S. Postal Service, Post Office, White Plains, NY

R.T. (ECAB 18-1581): Shoulder impairment rating remanded

R.T. sought a schedule award greater than the three percent left arm impairment previously awarded. The Board agreed with OWCP’s medical adviser that the accepted neck and back sprains caused no ratable nerve impairment. It found that the adviser had not calculated the left shoulder rating using…

April 19, 2019 ·ECAB
Remanded
COMM

S.W. and U.S. Postal Service, Post Office, Plainfield, NJ

S.W. (ECAB 18-1529): Knee disability and surgery questions remanded

S.W. claimed disability from an accepted left knee injury and sought authorization for later knee surgery. OWCP relied on an impartial examiner, but the Board found that his reports did not clearly answer whether the disability and surgery were work related. It set aside the denial and directed…

April 19, 2019 ·ECAB
Remanded
COMM

L.T. and U.S. Postal Service, Post Office, New Philadelphia, OH

L.T. (ECAB 18-1311): Reconsideration denial remanded after delay

L.T. sought reconsideration of OWCP’s denial of a disability recurrence claim. OWCP waited 276 days to deny reconsideration without reviewing the merits. The Board found that an appeal of the earlier merits decision to the Board was already untimely. OWCP’s delay instead deprived her of the chance…

April 19, 2019 ·ECAB
Remanded
COMM

Huang v. Ultimo Software Solutions, Inc.

H-1B judgment-renewal review declined

Dongsheng Huang asked the Board to review an ALJ's denial of a motion to renew a judgment and a later denial of reconsideration in an H-1B case involving Ultimo Software Solutions. The governing regulation required the Board to notify the parties and adjudicative offices within 30 calendar days if…

April 18, 2019 ·DOL ARB
Procedural
COMM

In re Corrections Corporation of America and United Government Security Officers of America, Local 315

In re Corrections Corporation of America and UGSOA Local 315 (DOL ARB 2016-074 and 2016-075): detention-officer wage variance not proved

UGSOA Local 315 sought to replace collectively bargained wages for detention officers working under a federal immigration-detention contract because it said the rates were substantially below prevailing local wages. The Board held that the Service Contract Act's substantial-variance procedure can…

April 18, 2019 ·DOL ARB
Affirmed
COMM

R.K. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX

R.K. (ECAB 19-0031): Lumbar claim denial affirmed

R.K. claimed a lumbar condition following an accepted August 31, 2016 work incident. The Board found that the treating reports repeated his injury history and diagnoses but did not provide a reasoned medical opinion linking the condition to the incident. It affirmed OWCP’s denial.

April 18, 2019 ·ECAB
Affirmed
COMM

S.Y. and U.S. Postal Service, Post Office, Eureka, CA

S.Y. (ECAB 18-1814): Back and shoulder claim denial affirmed

S.Y. claimed back and right shoulder conditions after an accepted September 28, 2017 work incident. The Board found that her physicians identified conditions and work restrictions but did not adequately explain how the incident caused or aggravated them. It affirmed OWCP’s denial.

April 18, 2019 ·ECAB
Affirmed
COMM

W.D. and Department of Health & Human Services, Centers for Disease Control & Prevention, Atlanta, GA

W.D. (ECAB 18-1564): Reconsideration denial affirmed

W.D. sought reconsideration of an earlier OWCP decision and submitted personnel forms concerning her job history. The Board found that the materials did not meet the threshold for reopening the merits of her claim. It affirmed OWCP’s denial of reconsideration without deciding the underlying claim…

April 18, 2019 ·ECAB
Affirmed
COMM

P.H. and U.S. Postal Service, Post Office, Albany, NY

P.H. (ECAB 18-1303): Wrist claim and written-record review denials affirmed

P.H. claimed right wrist conditions from federal work and requested review of the written record before an OWCP hearing representative. The Board found that the medical evidence did not establish a causal connection between her work and wrist conditions. It also upheld OWCP’s denial of the review…

April 18, 2019 ·ECAB
Affirmed
COMM

N.M. and U.S. Postal Service, Quincy Post Office, Quincy, IL

N.M. (ECAB 18-0833): Related knee claims sent for combined review

N.M. had earlier accepted right knee claims relevant to her current claim. The Board found that OWCP needed the records of those related claims for full and fair adjudication. It set aside the denial and directed OWCP to combine the files, develop the record as needed, and decide again.

April 18, 2019 ·ECAB
Remanded
COMM

K.C. and Department of Homeland Security, Customs & Border Protection, Tucson, AZ

K.C. (ECAB 18-0807): Schedule award denial remanded for notice

K.C. sought a schedule award for an accepted right knee injury. OWCP’s development letter was returned as undeliverable, yet it denied the claim without giving him an effective opportunity to provide evidence. The Board set aside the denial and directed OWCP to send a new development letter before…

April 18, 2019 ·ECAB
Remanded
COMM

E.G. and U.S. Postal Service, General Mail Facility, Portland, OR

E.G. (ECAB 18-0793): Hearing-aid request remanded for evidence review

E.G. sought authorization for hearing aids. OWCP denied the request on the premise that no supporting medical evidence had been submitted, but the Board identified reports received before the denial that OWCP had not considered. It set aside the decision and directed OWCP to review the evidence and…

April 18, 2019 ·ECAB
Remanded
COMM

P.G. and U.S. Postal Service, Post Office, Springfield, MA

P.G. (ECAB 18-0524): Right shoulder claim denial affirmed

P.G. claimed a right shoulder injury after a pallet jack struck something at work on January 31, 2017. The Board found that his physician described possible shoulder conditions but did not give a definite diagnosis and reasoned opinion linking one to the incident. It affirmed OWCP’s denial.

April 18, 2019 ·ECAB
Affirmed
COMM

L.F. and U.S. Postal Service, Post Office, Indianapolis, IN

L.F. (ECAB 17-1206): Delayed reconsideration denial remanded

L.F. sought reconsideration of OWCP’s denial of claims for disability recurrence and consequential injuries. OWCP took nearly five months to issue a nonmerit denial, leaving little time to appeal the earlier merits decision. The Board found that this delay jeopardized her review rights, set aside…

April 18, 2019 ·ECAB
Remanded
COMM

Robert Carrion v. SSA Terminals, LLC

Carrion v. SSA Terminals (BRB 19-0190): default appeal dismissed pending fact findings

Robert Carrion sought an order declaring his Longshore Act employer in default on disability benefits. The district director denied the request because the existing orders did not establish the amount due after Carrion's knee surgery and referred the factual issues to a judge. The Board held that…

April 17, 2019 ·BRB
Procedural
COMM

L.J. and U.S. Postal Service, Post Office, Oregon, OH

L.J. (ECAB 19-0046): Right arm impairment increased to two percent

L.J. challenged a one percent right arm schedule award for an accepted elbow condition. The Board found that her physician’s impairment calculation supported two percent permanent impairment. It affirmed OWCP’s decision as modified to reflect the higher rating.

April 17, 2019 ·ECAB
Modified
COMM

C.L. and U.S. Postal Service, Post Office, Litchfield, IL

C.L. (ECAB 19-0042): Occupational disease claim denied

C.L. claimed an occupational disease from postal work. After an earlier Board decision, she submitted a general statement about her duties but still did not identify the specific tasks or exposures claimed to have caused her condition. The Board affirmed OWCP’s denial because the work factors…

April 17, 2019 ·ECAB
Affirmed
COMM

B.L. and Department of the Army, Test & Evaluation Command, White Sands, NM

B.L. (ECAB 18-1786): Late reconsideration request denied

B.L. sought reconsideration of an earlier wage-loss denial after the one-year deadline. The Board found that her submission did not demonstrate clear evidence of error in OWCP’s earlier merits decision. It affirmed the refusal to reconsider without deciding her disability claim anew.

April 17, 2019 ·ECAB
Affirmed
COMM

C.B. and Department of Veterans Affairs, Veterans Health Administration, Sea Side, CA

C.B. (ECAB 18-1712): Vaccine-related injury claim denied

C.B. reported arm and hand symptoms after receiving a flu vaccine at work on November 8, 2017. The Board found that the medical report described symptoms but did not provide a firm diagnosis or definite causal opinion. It affirmed OWCP’s denial.

April 17, 2019 ·ECAB
Affirmed
COMM

T.S. and U.S. Postal Service, Post Office, Muskegon, MI

T.S. (ECAB 18-1518): Carpal tunnel and ulnar nerve claims denied

T.S. claimed right carpal tunnel syndrome and left ulnar neuropathy from repetitive postal work. The Board found that his physician offered a broad assertion about repetitive work but did not explain how his actual duties caused the later diagnoses, including the period of modified duty. It…

April 17, 2019 ·ECAB
Affirmed
COMM

L.D. and Department of the Air Force, Wright Patterson Medical Center, Wright Patterson Air Force Base, OH

L.D. (ECAB 18-1317): Overpayment and recovery affirmed

L.D. received a $19,081.57 compensation overpayment for March 4 through October 30, 2016. The Board found that she was without fault but did not qualify for waiver. It also upheld OWCP’s recovery through $400 deductions every 28 days from continuing compensation and affirmed the decision.

April 17, 2019 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Cincinnati, OH

J.S. (ECAB 17-1121): Continuing disability denial affirmed

J.S. sought compensation for disability from April 26, 2016 onward, which she attributed to a 2009 work injury. The Board found that her physician listed conditions and asserted a work connection but did not explain how the accepted injury caused disability during the claimed period. It affirmed…

April 17, 2019 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Pennsy Supply, Inc.

Five alleged lead-safety violations vacated

MSHA issued Pennsy Supply five citations after a former employee alleged lead exposure while using a torch to remove bolts and washers from a sand screw. The citations alleged failures to report an occupational illness, maintain a safety data sheet, train miners, provide special protective…

April 16, 2019 ·Priscilla M. Rae ·FMSHRC
Citations vacated
COMM

Matter of M-S-, Respondent

Attorney General required detention after credible-fear transfer

The Attorney General overruled Matter of X-K- and held that an alien transferred from expedited removal proceedings to full removal proceedings after establishing a credible fear of persecution or torture is ineligible for release on bond. The alien must remain detained until the removal…

April 16, 2019 ·BIA
Vacated
COMM

R.W. and U.S. Postal Service, Processing & Distribution Center, Capitol Heights, MD

R.W. (ECAB 19-0133): Injury claim denial affirmed

R.W. claimed an injury following an accepted June 12, 2018 work incident. The Board found that the submitted return-to-work note was completed by a physician assistant and did not constitute competent medical evidence under FECA. It affirmed OWCP’s denial.

April 16, 2019 ·ECAB
Affirmed
COMM

D.F. and U.S. Postal Service, Post Office, Bristol, CT

D.F. (ECAB 19-0108): Right shoulder claim denial affirmed

D.F. claimed a right shoulder condition after an accepted July 19, 2017 work incident. The Board found that reports from a nurse and physician assistant could not establish the medical elements under FECA, and the remaining evidence did not adequately explain causation. It affirmed OWCP’s denial.

April 16, 2019 ·ECAB
Affirmed
COMM

J.W. and Department of the Army, Andrew Rader U.S. Army Health Clinic, Fort Myer, VA

J.W. (ECAB 19-0047): Occupational disease claim denial affirmed

J.W. claimed neck, back, and shoulder problems from duties including prolonged sitting, standing, and phone use. The Board found that her physician did not connect a specific diagnosed condition to those work factors with a reasoned explanation. It affirmed OWCP’s denial.

April 16, 2019 ·ECAB
Affirmed
COMM

Y.L. and U.S. Postal Service, Post Office, New York, NY

Y.L. (ECAB 19-0018): Right shoulder claim denial affirmed

Y.L. claimed right shoulder conditions after tripping at work on November 20, 2017 and bracing his fall. The Board found that the medical reports repeated his account but did not explain physiologically how the incident caused the diagnosed conditions. It affirmed OWCP’s denial.

April 16, 2019 ·ECAB
Affirmed
COMM

E.S. and Department of the Army, U.S. Army Pacific, Fort Shafter, HI

E.S. (ECAB 18-1606): Suspension of benefits affirmed

OWCP suspended E.S.’s wage-loss compensation and medical benefits after he missed a scheduled medical examination. The Board found that he had received notice and had not shown good cause for failing to attend. It affirmed the suspension under 5 U.S.C. § 8123(d).

April 16, 2019 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Philadelphia, PA

K.B. (ECAB 18-1593): Suspension of benefits reversed

OWCP suspended K.B.’s wage-loss compensation and medical benefits for allegedly missing a scheduled examination. The Board found that she had appeared and attempted to attend, but the physician and staff were not present to admit her. It reversed the suspension because she had good cause for not…

April 16, 2019 ·ECAB
Vacated
COMM

M.G. and U.S. Postal Service, Post Office, Anaheim, CA

M.G. (ECAB 18-1310): Cervical disease claim remanded for medical development

M.G. claimed that repetitive postal duties caused or accelerated cervical spine disease. The Board found that her physician had described those duties and offered an explanation connecting them to degenerative changes. The opinion warranted further development, so it set aside OWCP’s denial and…

April 16, 2019 ·ECAB
Remanded
COMM

J.C. and Department of Veterans Affairs, Veterans Health Administration, Albany, NY

J.C. (ECAB 18-1309): Ankle injury claim denial affirmed

J.C. claimed an ankle injury after a November 16, 2017 incident at work. The Board found that emergency treatment notes diagnosed an ankle sprain but did not explain its causal relationship to the accepted incident. A checked box on another form lacked supporting reasoning, so the Board affirmed…

April 16, 2019 ·ECAB
Affirmed
COMM

Bertha L. Colvin (Widow of Foster Colvin) v. Eastover Mining Company

Colvin v. Eastover Mining (BRB 18-0278): survivor benefits denial affirmed

Bertha Colvin appealed a denial of survivor benefits without a lawyer. The judge had found that her late husband Foster met the presumption of death due to pneumoconiosis but that the employer rebutted it. The Board disagreed with the finding of total respiratory disability: the cited doctor's…

April 15, 2019 ·BRB
Affirmed
COMM

W.D. and Department of Veterans Affairs, Veterans Benefits Administration, Richmond, KY

W.D. (ECAB 19-0062): Late reconsideration request denied

W.D. sought reconsideration of an emotional condition claim after the one-year deadline. The Board found that her narrative objections did not show clear evidence of error in OWCP’s earlier finding that she had not established a compensable work factor. It affirmed the refusal to reconsider.

April 15, 2019 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Post Office, Pico Rivera, CA

R.M. (ECAB 19-0060): Reconsideration denial affirmed

R.M. sought reconsideration of an earlier right foot claim decision and referred to a tendon finding on an MRI scan. The Board found that her submission did not meet the requirements for reopening the merits of the claim. It affirmed OWCP’s denial of reconsideration without deciding the injury…

April 15, 2019 ·ECAB
Affirmed
COMM

A.L. and Department of Homeland Security, Transportation Security Administration, San Jose, CA

A.L. (ECAB 18-1756): Right knee claim denial affirmed

A.L. claimed right knee conditions after an April 22, 2018 work incident. His treating physician initially gave no causal opinion, then attributed an aggravation of his arthritis to repetitive work in a later report. The Board found that the later opinion lacked a sufficient explanation of how his…

April 15, 2019 ·ECAB
Affirmed
COMM

G.B. and Department of the Army, Defense Commissary Agency, Fort Sill, OK

G.B. (ECAB 18-1629): Late reconsideration request denied

G.B. requested reconsideration of an earlier disability recurrence denial years after the one-year deadline. The Board found that his largely repetitive medical submission did not show clear evidence of error in OWCP’s prior decision. It affirmed the refusal to reconsider.

April 15, 2019 ·ECAB
Affirmed
COMM

J.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Tomah, WI

J.P. (ECAB 18-1486): Mold exposure disease claim denied

J.P. claimed an occupational disease from black mold exposure at work. The Board found that her physician attributed symptoms to the exposure because they improved away from work, but did not give a reasoned medical explanation connecting a diagnosed disease to that exposure. It affirmed OWCP’s…

April 15, 2019 ·ECAB
Affirmed
COMM

R.K. and U.S. Postal Service, Post Office, Elmer, NJ

R.K. (ECAB 18-1409): Additional spine conditions not accepted

R.K. sought to add thoracic and lumbar conditions to an accepted 2013 work injury claim. The Board gave weight to a second opinion physician who attributed the disputed changes to age-related degeneration rather than the accepted injury. It affirmed OWCP’s refusal to expand the claim.

April 15, 2019 ·ECAB
Affirmed
COMM

A.C. and Small Business Administration, Office of Disaster Assistance, Herndon, VA

A.C. (ECAB 18-1406): Home duty fall established; work-duty question remanded

A.C. reported tripping over a printer cord and falling at her home duty station on September 1, 2017. The Board found sufficient evidence that the fall occurred. It remanded because OWCP had not developed whether the incident happened in the performance of A.C.’s duties at home, including the terms…

April 15, 2019 ·ECAB
Remanded
COMM

C.A. and U.S. Postal Service, Processing & Distribution Center, Fresno, CA

C.A. (ECAB 18-1284): Overpayment recovery affirmed

C.A. received a $1,006.95 compensation overpayment from August 6, 2016 through April 1, 2017. OWCP found he was without fault, but the Board upheld its denial of waiver and recovery through $50 deductions every 28 days. The Board’s conclusion calls him at fault, while its issue statement and…

April 15, 2019 ·ECAB
Affirmed
COMM

Matter of A. VASQUEZ

Kidnapping under 18 U.S.C. § 1201 is not an aggravated felony

The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's termination of removal proceedings against a lawful permanent resident from Mexico. DHS argued that his federal kidnapping conviction under 18 U.S.C. § 1201(a) was an aggravated felony under INA section…

April 12, 2019 ·BIA
Affirmed

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.