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

Sharon P. Caniely v. Ceres Marine Terminals, Incorporated

Caniely v. Ceres Marine Terminals (BRB 18-0317): denial of knee disability benefits affirmed

Sharon Caniely injured her knee while working as a longshoreman and later sought benefits for a meniscus tear and related disability. The judge found her knee contusion compensable but found that she had not proved the meniscus tear was caused by the workplace incident. The Board held that the…

April 12, 2019 ·BRB
Affirmed
COMM

Rachel Valdes v. Port Newark Container Terminal and Ports Insurance Company

Valdes v. Port Newark Container Terminal (BRB 18-0305): appeals dismissed for settlement review

Rachel Valdes and Port Newark Container Terminal had appeals pending before the Benefits Review Board. The employer told the Board that the parties had resolved their disputes and asked to have their agreement reviewed by the district director. Valdes consented. The Board dismissed both appeals…

April 12, 2019 ·BRB
Procedural
COMM

Eugene Prescott v. Clifty Mining Company, Incorporated

Prescott v. Clifty Mining (BRB 18-0277): black lung benefits denial affirmed

Eugene Prescott sought to change an earlier denial of black lung benefits. The judge credited him with 13.63 years of coal mine work, short of the 15 years needed for one statutory presumption. The Board upheld that calculation and found no evidence of complicated pneumoconiosis for a separate…

April 12, 2019 ·BRB
Affirmed
COMM

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

J.L. (ECAB 18-1804): Traumatic injury claim denial affirmed

J.L. claimed an injury after an accepted May 30, 2018 work incident. The Board found that letters from nurses were not qualifying medical evidence under FECA and that the physician’s letter did not establish an injury caused by the incident. It affirmed OWCP’s denial.

April 12, 2019 ·ECAB
Affirmed
COMM

S.D. and U.S. Postal Service, Post Office, Bellmawr, NJ

S.D. (ECAB 18-1641): Suitable-work termination reversed

OWCP terminated S.D.’s wage-loss compensation and schedule award eligibility after he declined an offered position. The Board found that the impartial examiner’s work-capacity opinion lacked sufficient reasoning to establish that the offered work was suitable. It reversed the termination because…

April 12, 2019 ·ECAB
Vacated
COMM

L.Y. and U.S. Postal Service, Post Office, Concord, NH

L.Y. (ECAB 18-1619): Emotional condition claim remanded for medical review

L.Y. claimed depression and anxiety following an accepted concussion from a school bus collision with his postal vehicle. OWCP converted his recurrence claim to a new occupational disease claim. Its hearing representative recognized the accepted crash as a compensable work factor but did not review…

April 12, 2019 ·ECAB
Remanded
COMM

S.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Denver, CO

S.M. (ECAB 18-1525): Dependent-benefit overpayment reduced

S.M. received augmented compensation after her son was no longer an eligible dependent. OWCP calculated an $18,486.46 overpayment, but the Board found a worksheet transposition error and reduced the amount to $17,486.46. It upheld the fault finding and affirmed OWCP’s decision as modified.

April 12, 2019 ·ECAB
Modified
COMM

T.S. and Department of Homeland Security, Customs & Border Patrol Protection, Tucson, AZ

T.S. (ECAB 18-1502): Injury and hearing denials affirmed

T.S. claimed a medical condition after an accepted February 25, 2018 work incident and requested an oral hearing. The Board found that the medical evidence did not establish a condition caused by the incident. It also upheld OWCP’s denial of the untimely hearing request and affirmed its decision.

April 12, 2019 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Post Office, Baltimore, MD

L.S. (ECAB 18-1494): Disability recurrence denial affirmed

L.S. claimed total disability from August 10 through September 18, 2017 due to an accepted 2013 work injury. The Board found that she had not shown a change in her light-duty job or supplied sufficient medical evidence that her accepted condition worsened enough to prevent work. It affirmed OWCP’s…

April 12, 2019 ·ECAB
Affirmed
COMM

X.V. and U.S. Postal Service, Post Office, Jayuya, PR

X.V. (ECAB 18-1360): Back claim remanded for medical development

X.V. claimed a back condition after pulling a vehicle hand brake at work on May 10, 2017. A later physician’s report explained how the twisting movement could have affected her spine, warranting further medical development. The Board set aside OWCP’s denial and remanded for a new decision.

April 12, 2019 ·ECAB
Remanded
COMM

M.P. and Department of the Treasury, Internal Revenue Service, Fresno, CA

M.P. (ECAB 18-1298): Left leg schedule award not increased

M.P. sought a schedule award greater than the nine percent left leg impairment previously awarded. The Board found that the medical record did not establish additional ratable impairment under the applicable guide. It affirmed OWCP’s denial of an increase.

April 12, 2019 ·ECAB
Affirmed
ALJ

Henry Marine Service, Inc.

Tugboat access and flotation citations vacated

Henry Marine operated a tugboat on the Mobile River, where an employee was found dead in the water near the vessel. OSHA cited the company for an unsafe means of boarding and leaving the vessel and for failing to provide a personal flotation device. The judge granted Henry Marine summary judgment…

April 12, 2019 ·Heather A. Joys ·OSHRC
Citations vacated
COMM

M.J. and Social Security Administration, Personnel Office of Management & Budget, New York, NY

M.J. (ECAB 18-0605): Claim expansion remanded for full evidence review

M.J. sought to add several conditions to an accepted knee and back injury claim. The Board found that OWCP’s hearing representative had not considered relevant medical reports already in the record before upholding the denial. It set aside that decision and directed OWCP to evaluate the evidence…

April 12, 2019 ·ECAB
Remanded
COMM

Harry W. Alderson v. Clinchfield Coal

Alderson v. Clinchfield Coal (BRB 18-0247): black lung benefits award affirmed

Clinchfield Coal appealed an award of black lung benefits to Harry Alderson. The judge credited Alderson with more than 23 years of underground coal mine work and found that his respiratory impairment prevented him from performing his usual work. That entitled him to the statutory presumption that…

April 11, 2019 ·BRB
Affirmed
COMM

W.M. and Department of Justice, Federal Bureau of Prisons, Tucson, AZ

W.M. (ECAB 19-0013): Back claim denial affirmed

W.M. claimed a back condition after an accepted January 10, 2018 work incident. The Board found that the medical reports described restrictions and diagnoses but did not offer a reasoned opinion connecting a diagnosed back condition to the incident. It affirmed OWCP’s denial.

April 11, 2019 ·ECAB
Affirmed
COMM

P.S. and U.S. Postal Service, General Mail Facility, Brooklyn, NY

P.S. (ECAB 18-1789): Suitable-work termination affirmed

OWCP ended P.S.’s wage-loss compensation and schedule award eligibility after he refused an offer of suitable work. The Board found that OWCP had met its burden under 5 U.S.C. § 8106(c)(2). It affirmed the termination effective August 9, 2018.

April 11, 2019 ·ECAB
Affirmed
COMM

T.R. and U.S. Postal Service, Post Office, Statesboro, GA

T.R. (ECAB 18-1650): Termination of compensation reversed

OWCP terminated T.R.’s wage-loss compensation and medical benefits based on a second opinion physician’s report. The Board found that the report in the record stopped before answering three of OWCP’s seven questions, including matters about work capacity and residuals. It reversed the termination…

April 11, 2019 ·ECAB
Vacated
COMM

J.B. and Department of Veterans Affairs, Long Beach Veterans Administration Medical Center, Long Beach, CA

J.B. (ECAB 18-1531): Reconsideration denial affirmed

J.B. sought reconsideration of an earlier decision concerning lumbar disc disease and left radiculopathy. The Board found that his timely request did not present a new relevant legal argument or medical evidence sufficient to reopen the claim’s merits. It affirmed OWCP’s refusal to reconsider.

April 11, 2019 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Processing & Distribution Center, Lansing, MI

R.M. (ECAB 18-1313): Left leg award and improvement date affirmed

R.M. sought an earlier maximum medical improvement date for his left leg schedule award. His lawyer agreed that the two percent impairment rating was correctly calculated, though the Board addressed that rating as well. The Board found that neither a higher rating nor an earlier date had been…

April 11, 2019 ·ECAB
Affirmed
COMM

S.G. and U.S. Postal Service, Post Office, Phoenix, AZ

S.G. (ECAB 18-1076): Intermittent disability claim denied

S.G. sought wage-loss compensation for intermittent disability beginning January 12, 2017 after an accepted shoulder injury. The Board found that her physician attributed restrictions largely to an earlier nonwork-related rotator cuff condition and did not adequately explain disability from the…

April 11, 2019 ·ECAB
Affirmed
COMM

J.M. and Department of the Army, U.S. Army Corps of Engineers, Bagram, Afghanistan

J.M. (ECAB 19-0011): Reconsideration denial affirmed

J.M. sought reconsideration of a claim involving exposure to burn pits during federal employment. The Board found that his personal statement, retirement records, and general articles did not address the missing medical link to his particular condition. It affirmed OWCP’s refusal to reopen the…

April 10, 2019 ·ECAB
Affirmed
COMM

M.K. and U.S. Postal Service, Post Office, Hartford, CT

M.K. (ECAB 18-1623): Knee claim and reconsideration denials affirmed

M.K. claimed a left knee injury after stepping off postal equipment at work on February 6, 2018. The Board found that the medical evidence did not establish an injury caused by the accepted incident. It also upheld OWCP’s refusal to reconsider and affirmed both decisions.

April 10, 2019 ·ECAB
Affirmed
COMM

F.D., widow of S.D., and U.S. Postal Service, Post Office, Spring Valley, CA

F.D., widow of S.D., (ECAB 18-1528): Reconsideration denial affirmed

F.D. sought reconsideration of an earlier decision concerning her late husband’s claim. She submitted general medical literature about stress and cancer, but the Board found that it did not constitute new evidence applying those principles to his particular case. It affirmed OWCP’s refusal to…

April 10, 2019 ·ECAB
Affirmed
COMM

T.W. and Department of the Army, U.S. Army Corps of Engineers, Jersey City, NJ

T.W. (ECAB 18-1436): Spine claim denial affirmed

T.W. claimed thoracic and lumbar spine conditions after bending at work on November 30, 2016. The Board found that his physician did not adequately explain how that movement caused or aggravated the conditions in light of earlier spine problems. It affirmed OWCP’s denial.

April 10, 2019 ·ECAB
Affirmed
COMM

K.L. and Social Security Administration, Richmond, CA

K.L. (ECAB 18-1018): Injury and video hearing denials affirmed

K.L. claimed an injury after an accepted April 17, 2017 workplace fall and requested a video hearing before OWCP. The Board found that the medical evidence did not establish a diagnosed condition caused by the incident. It also upheld OWCP’s denial of the hearing request and affirmed both decisions.

April 10, 2019 ·ECAB
Affirmed
COMM

N.L. and U.S. Postal Service, Post Office, Prospect Park, PA

N.L. (ECAB 18-0743): Left arm award not increased

N.L. sought a schedule award greater than the five percent left arm impairment previously awarded. The Board reviewed the selection and opinion of the impartial medical specialist and found no basis for a higher rating. It affirmed OWCP’s decision.

April 10, 2019 ·ECAB
Affirmed
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Laredo, Texas and National Border Patrol Council, Local 2455

Border Patrol Laredo and Local 2455 (FLRA 0-AR-5351): Outside EMT work award vacated

A Border Patrol agent in Laredo sought permission to work off duty as an emergency medical technician. The agency denied the request after its ethics officer identified an apparent conflict between patient confidentiality and the agent's reporting duties. An arbitrator found the denial arbitrary…

April 10, 2019 ·FLRA
Set aside
ALJ

Michael Deuso v. Shelburne Limestone Corp.

New safety allegation required prior MSHA investigation

Michael Deuso filed a discrimination case nearly 19 months after MSHA told him it could not assist with his age-discrimination and assault allegations. Judge Thomas P. McCarthy excused the late filing because MSHA had not told the self-represented miner about his right to bring his own Commission…

April 9, 2019 ·Thomas P. McCarthy ·FMSHRC
Procedural
COMM

George Barry v. Logistec Corporation and Signal Mutual

Barry v. Logistec (BRB 19-0047): permanent knee disability claim denied

Longshore worker George Barry sought permanent partial disability compensation after a knee injury. The employer had paid temporary total disability compensation, and Barry returned to his usual work. His doctor assigned a 24 percent impairment rating, but the judge found that rating poorly…

April 9, 2019 ·BRB
Affirmed
COMM

Carmichael Gibson v. Tappan Zee Constructors, LLC and ACE American Insurance Company

Gibson v. Tappan Zee Constructors (BRB 18-0542): cervical injury benefits award affirmed

Carmichael Gibson claimed neck and back injuries after helping clear a heavy concrete hose on a bridge construction project. His employer appealed an award of ongoing temporary total disability and medical benefits for his cervical condition. The Board held that the judge could find the work event…

April 9, 2019 ·BRB
Affirmed
COMM

R.G. and U.S. Postal Service, Post Office, Surfside, FL

R.G. (ECAB 18-1778): Shoulder injury claim denied for insufficient medical explanation

R.G., a postal letter carrier, claimed that years of repetitive mail handling caused a right shoulder condition. OWCP accepted that he performed the described duties but denied his occupational injury claim. The Board found that his surgeon’s report linked shoulder findings generally to overuse…

April 9, 2019 ·ECAB
Affirmed
COMM

M.Y. and U.S. Postal Service, Post Office, Sunnyvale, CA

M.Y. (ECAB 18-1772): Late reconsideration request denied

M.Y., a postal letter carrier, sought reconsideration of OWCP’s 2016 denial of her back injury claim. OWCP received the request in March 2018, more than one year after its merits decision. A 2017 letter did not count as an earlier request because the person who signed it was no longer her…

April 9, 2019 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Post Office, Wilkes-Barre, PA

L.S. (ECAB 18-1746): Additional aquatic therapy authorization denied

L.S., a postal employee with an accepted 2003 low back injury, sought authorization for more aquatic physical therapy after June 30, 2018. OWCP denied the request. The Board found no abuse of discretion because a second opinion physician explained that further therapy would be palliative rather…

April 9, 2019 ·ECAB
Affirmed
COMM

J.A. and Department of the Navy, Naval Air Station, Key West, FL

J.A. (ECAB 18-1586): Wage-earning capacity determination remains in force

J.A., a Navy police officer, injured his right knee at work in 2006 and later worked full time as a modified security clerk. OWCP based a 2008 wage-earning capacity determination on that position. He sought to change the determination after his knee condition worsened and physicians restricted his…

April 9, 2019 ·ECAB
Affirmed
COMM

A.C. and Department of the Army, U.S. Army Test & Evaluation Command, White Sands Missile Range, NM

A.C. (ECAB 18-1567): Fall incident established; injury question remanded

A.C., an Army office management assistant, said a gust of wind pulled a vehicle door as she stepped out, causing her to fall. OWCP denied her injury claim, finding that she had not established the incident, and later denied her request for review of the written record as untimely. The Board found…

April 9, 2019 ·ECAB
Remanded
COMM

M.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Brockton, MA

M.F. (ECAB 18-1162): Traumatic injury claim denied

M.F., a nursing assistant at a Veterans Administration medical center, claimed she injured her back while helping a patient on February 1, 2018. OWCP denied her traumatic injury claim because the record did not establish that the incident occurred as alleged. The Board affirmed. Her claim form gave…

April 9, 2019 ·ECAB
Affirmed
ALJ

Tampa Electric Company

Ammonia emergency-response items vacated

An anhydrous ammonia release occurred at Tampa Electric Company's Big Bend power plant. OSHA cited the company's emergency response plan and the respiratory protection used by employees who investigated the release. The judge found that the Secretary improperly treated the emergency-response…

April 9, 2019 ·John B. Gatto ·OSHRC
Citations vacated
COMM

K.S. and U.S. Postal Service, Post Office, Brooklyn, NY

K.S. (ECAB 18-1781): Shoulder, neck, and back injury claim denied

K.S., a postal letter carrier, was pinned against his truck by a reversing vehicle at work. He sought compensation for left shoulder, neck, and lower back conditions. OWCP accepted that the incident occurred but denied the injury claim. The Board found that his physician described the incident and…

April 8, 2019 ·ECAB
Affirmed
COMM

J.B. and Department of Housing & Urban Development, Public & Indian Housing, Washington, DC

J.B. (ECAB 18-1704): Late reconsideration request denied

J.B., a federal housing agency employee, sought reconsideration of OWCP’s 2011 denial of his injury claim. He said he had not received OWCP’s earlier letters and decisions because he was incarcerated and had changed addresses. The Board found that OWCP had mailed them to his address of record, with…

April 8, 2019 ·ECAB
Affirmed
COMM

T.H. and U.S. Postal Service, Post Office, Indianapolis, IN

T.H. (ECAB 18-1542): Reconsideration denied without reopening injury merits

T.H., a postal employee, sought reconsideration of OWCP’s ruling concerning residuals and disability from her accepted lumbar sprain. She submitted new letters and an MRI report describing a disc herniation and her continuing symptoms. The Board found that this evidence did not address whether she…

April 8, 2019 ·ECAB
Affirmed
COMM

J.R. and U.S. Postal Service, Post Office, Buffalo, NY

J.R. (ECAB 18-1532): Benefits termination for refusing suitable work affirmed

J.R., a postal carrier with an accepted right ankle injury, declined an offered modified carrier position. OWCP terminated his wage-loss compensation and entitlement to schedule award benefits. The Board found that the job’s duties fit the restrictions of OWCP’s referral physician and that the…

April 8, 2019 ·ECAB
Affirmed
COMM

L.T. and U.S. Postal Service, Post Office, Dearborn Heights, MI

L.T. (ECAB 18-1405): Schedule award claim returned for medical review

L.T., a postal carrier injured in a 2010 fall, sought a schedule award for permanent impairment of her right arm or leg. OWCP denied the claim after it had previously terminated her benefits on a finding of no residual injury. She then submitted a physician’s report assigning impairment percentages…

April 8, 2019 ·ECAB
Remanded
COMM

A.S. and Department of Health & Human Services, Administration for Children & Families, Chicago, IL

A.S. (ECAB 18-1381): Telework fall claim returned for factual development

A.S. said his left ankle gave way when he stood up from a desk during an authorized telework shift at home. OWCP denied his injury claim on performance-of-duty grounds. The Board found his account too sparse by itself to establish the claim, but also found that OWCP had not developed the facts…

April 8, 2019 ·ECAB
Remanded
COMM

P.P. and U.S. Postal Service, Post Office, Brooklyn, NY

P.P. (ECAB 18-1232): Termination for refusing offered work reversed

P.P., a postal carrier with an accepted left arm and shoulder injury, declined a modified carrier position. OWCP terminated his wage-loss compensation and entitlement to schedule award benefits for refusing suitable work. The Board found that the job description did not limit the weight he would…

April 8, 2019 ·ECAB
Vacated
ALJ

Outback Steel Services, LLC

Steel-joist securing and training citations vacated

Outback Steel Services was erecting structural steel for a new convenience store when steel joists fell and injured two plumbers working below. OSHA cited the company for failing to secure landed joists and for failing to provide training through a qualified person. The judge found that the…

April 8, 2019 ·Brian A. Duncan ·OSHRC
Citations vacated
COMM

Felicia A. Muncy (Daughter of Andrew J. Shulock) v. U.S. Steel Mining Company

Muncy v. U.S. Steel Mining (BRB 18-0279): survivor benefits denial affirmed

Felicia Muncy sought survivor benefits as the adult daughter of miner Andrew Shulock. The judge found that the miner met the presumption of death due to pneumoconiosis but denied benefits because Muncy had not established eligibility as a dependent adult child. The Board upheld that finding. The…

April 5, 2019 ·BRB
Affirmed
COMM

Stearns v. Union Pacific Railway Company

No protected activity tied to yardmaster discharge

Union Pacific yardmaster Timothy Stearns was on probation for an earlier rules violation when he argued with and belittled a coworker, then threw a steak knife at a wall while describing what he wanted to do toward that coworker. He admitted the threatening comments and knife-throwing incident, and…

April 5, 2019 ·DOL ARB
Affirmed
COMM

Williams v. D.L.F., Inc.

Employer review petition dismissed after bankruptcy stay ended

D.L.F. notified the Board of a bankruptcy filing and asked it to close the appeal administratively until the automatic stay ended. Public records later indicated that the bankruptcy proceeding may have closed or terminated in September 2016, but neither side provided further information. In…

April 5, 2019 ·DOL ARB
Procedural
COMM

C.C. and U.S. Postal Service, Post Office, Lawrenceville, GA

C.C. (ECAB 18-1769): Late hearing request denied

C.C., a postal carrier with an accepted lower back strain, requested an oral hearing after OWCP denied wage-loss compensation for a claimed 2017 period. She mailed her hearing request more than 30 days after that decision. The Board found that she had no right to a hearing after the deadline and…

April 5, 2019 ·ECAB
Affirmed
COMM

J.C. and Department of Veterans Affairs, Atlanta Veterans Affairs Medical Center, Decatur, GA

J.C. (ECAB 18-1722): Request to expand knee injury claim denied

J.C., a Veterans Affairs contract specialist, fell on a wet floor at work and received acceptance for a left knee contusion and other injuries. She sought to add lateral tracking of the left patella and patellofemoral arthritis. The Board found that most medical reports diagnosed knee conditions…

April 5, 2019 ·ECAB
Affirmed
COMM

S.A. and Department of Homeland Security, Transportation Security Administration, West Palm Beach, FL

S.A. (ECAB 18-1638): Duplicate medical report did not reopen claim

S.A., a transportation security officer, sought reconsideration of OWCP’s decision on his knee injury claim. He submitted a medical report that OWCP had already received with an earlier request. The Board found that the repeated report added no new evidence and that he presented neither a legal…

April 5, 2019 ·ECAB
Affirmed
COMM

L.J. and Department of Agriculture, Food Safety & Inspection Service, Boyden, IA

L.J. (ECAB 18-1426): Termination of elbow injury benefits affirmed

L.J., a federal food inspector, received benefits for accepted right elbow lateral epicondylitis. OWCP terminated his wage-loss compensation and medical benefits after an impartial medical examiner found that the accepted condition had resolved. The Board found the examiner’s opinion well reasoned…

April 5, 2019 ·ECAB
Affirmed
COMM

B.B. and U.S. Postal Service, Processing & Distribution Center, Brooklyn, NY

B.B. (ECAB 18-1321): Wage-loss claim returned for medical review

B.B., a postal clerk with accepted neck, back, and ankle injuries, sought wage-loss compensation for April 3 through October 10, 2008. OWCP denied the claim, finding inadequate proof of disability. The Board found that OWCP had overlooked its own referral physician’s 2008 report, which supported…

April 5, 2019 ·ECAB
Remanded
COMM

M.C. and Department of Defense, Defense Commissary Agency, Parris Island, SC

M.C. (ECAB 18-1199): Claim expansion denied, benefits termination reversed

M.C., a former defense commissary employee, sought to add medical conditions to her accepted upper extremity and cervical claims and challenged the termination of her benefits. The Board found that her physician had not explained a causal link between the additional diagnoses and her employment…

April 5, 2019 ·ECAB
Mixed result
COMM

S.F. and U.S. Postal Service, Post Office, South Hampton, NY

S.F. (ECAB 18-1030): Bilateral knee condition claim denied

S.F., a postal letter carrier, claimed that years of walking, standing, lifting, and entering and leaving her truck caused bilateral knee osteoarthritis. OWCP denied her occupational disease claim. The Board found that her physician’s explanation of cartilage wear was too general to connect the…

April 5, 2019 ·ECAB
Affirmed
COMM

L.L. and Department of Veterans Affairs, Montrose Veterans Administration Hospital, Montrose, NY

L.L. (ECAB 18-0861): Benefits termination for refusing offered work reversed

L.L., a Veterans Affairs nursing assistant with accepted knee conditions, declined an offered modified health aide job. OWCP terminated her wage-loss compensation and entitlement to schedule award benefits for refusing suitable work. The Board found that the impartial medical examiner had not seen…

April 5, 2019 ·ECAB
Vacated
COMM

T.J. and U.S. Postal Service, Mount Oliver Post Office, Pittsburgh, PA

T.J. (ECAB 19-0053): Reconsideration denied after vehicle accident claim

T.J., a postal carrier, sought reconsideration after OWCP denied his injury claim arising from a work vehicle collision. OWCP had accepted the collision but found the medical evidence insufficient to establish causation. The Board found that his new statement repeated the accident circumstances…

April 4, 2019 ·ECAB
Affirmed
COMM

J.T. and Defense Agencies, Defense Information Systems Agency, Indianapolis, IN

J.T. (ECAB 18-1755): Knee injury claim denied for lack of causal opinion

J.T., a federal information technology specialist, said he strained his right knee while bending to connect computer equipment during an office move. OWCP accepted that the work incident occurred but denied his injury claim. The Board found that one physician described knee pain without a firm…

April 4, 2019 ·ECAB
Affirmed
COMM

D.R. and Department of the Navy, Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Bangor, WA

D.R. (ECAB 18-1754): Pulmonary condition claim barred by filing deadline

D.R., a retired Navy welding training leader, filed a claim in 2018 for a pulmonary condition he associated with his former work. The Board found that he had retired in 1995 and was aware of a possible work connection by 2010, well before he filed. His lack of knowledge that compensation might be…

April 4, 2019 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Columbia Falls, MT

D.M. (ECAB 18-1689): Late reconsideration request denied

D.M., a postal rural carrier, sought reconsideration of OWCP’s denial of her neck and back occupational disease claim. OWCP received her request 11 days after the one-year deadline. The Board found that a report about an unrelated fall and a mostly repeated opinion about chronic pain did not show…

April 4, 2019 ·ECAB
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.