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 Social Security Administration, Spokane, WA
18-1216 (ECAB): Telework break fall claim denial affirmed
D.C., a Social Security Administration employee, slipped while taking a break from telework at his residence. The Board found that the activity was neither essential to his job nor reasonably incidental to his assigned duties. It affirmed OWCP’s determination that the injury did not occur in the…
C.S. and U.S. Postal Service, Post Office Processing & Delivery Center, Macon, GA
18-1168 (ECAB): Shoulder impairment award remanded for rating review
C.S., a postal employee, sought a greater schedule award for left arm impairment after a left shoulder condition. The Board found that OWCP had not properly compared the permitted range-of-motion and diagnosis-based impairment methods. It set aside the award decision and directed further…
P.C. and U.S. Postal Service, Post Office, Texarkana, TX
18-0956 (ECAB): Foot conditions and disability claim remanded
P.C., a postal employee, sought acceptance of aggravated foot and ankle conditions and a recurrence of total disability. The Board found that a referral medical opinion relied on an incomplete factual background, leaving the medical conflict unresolved. It set aside OWCP’s decision and directed a…
C.C. and U.S. Postal Service, Post Office, Lake George, NY
17-1953 (ECAB): Claim expansion denial remanded for explanation
C.C. asked OWCP to expand her accepted claim to include additional diagnosed conditions. The Board found that OWCP’s denial did not explain its factual findings or why the medical opinion offered in support was insufficient. It set aside the decision and ordered OWCP to issue a reasoned ruling on…
M.R. and U.S. Postal Service, Post Office, Alabaster, AL
17-1803 (ECAB): Stress-related claim remanded for medical review
M.R., a postal postmaster, sought compensation for a stress-related condition. The Board found two compensable employment factors: a documented threat of bodily harm during his duties and the employer’s error in requiring him to accept K.W.’s grievance. It set aside OWCP’s denial and directed OWCP…
United States Department of Veterans Affairs, Medical Center, Orlando, Florida (Agency) and American Federation of Government Employees, Local 2779 (Union)
Orlando VA Medical Center and AFGE Local 2779 (FLRA 0-AR-5374): Agency exceptions denied
The Orlando VA Medical Center challenged an arbitration award involving discipline of a union president. In an expedited, abbreviated decision, the Authority stated that it had reviewed the full record and precedent and that the award was not deficient on any ground the agency actually raised. The…
United States Department of Housing and Urban Development (Agency) and American Federation of Government Employees, National Council of HUD Locals 222 (Union)
HUD and AFGE Council 222 (FLRA 0-AR-4586): Classification reconsideration denied
In an earlier decision, the Authority held that a long-running HUD grievance concerned classification and was excluded from the negotiated grievance process by 5 U.S.C. § 7121(c)(5). It vacated a series of prior Authority decisions, arbitration awards, and implementation summaries. The union sought…
Secretary of Labor on behalf of Jason Wylie v. Allegheny Mineral Corporation
Original confidential-settlement decision
This is the original release approving Jason Wylie's confidential compensatory-relief settlement with Allegheny Mineral. Judge Jerold Feldman held that Wylie was a party entitled to settle his own discrimination claim even though the Secretary objected to keeping the settlement amount confidential…
L.R. and U.S. Postal Service, South Suburban Processing & Distribution Center, Bedford Park, IL
18-1225 (ECAB): Thumb claim reconsideration refusal affirmed
L.R., a postal laborer custodian, sought reconsideration of a right thumb claim decision. The Board found that she resubmitted a physician report already in the record and supplied no basis for reopening. It affirmed OWCP’s refusal to review the merits again.
Larry W. Goble v. Southern Ohio Coal Company
Goble v. Southern Ohio Coal (BRB 18-0133): benefits denial upheld for lack of total disability
Larry Goble filed a later black lung claim after an earlier denial. The judge accepted 10.34 years of coal mine work and found pneumoconiosis, but denied benefits because the evidence did not establish total respiratory disability. Goble challenged the medical opinion finding without identifying a…
Joseph Fleming v. Aberry Coal, Incorporated
Fleming v. Aberry Coal (BRB 18-0084): benefits award remanded for review of lung evidence
Joseph Fleming received a black lung benefits award after a judge found that he had clinical pneumoconiosis and that it caused total disability. An earlier court ruling had ruled out reliance on the statutory presumption based on 15 years of qualifying mine work. On this appeal, the Board found…
O.S. and U.S. Postal Service, Bulk Mail Center, Greensboro, NC
18-1549 (ECAB): Wage termination upheld; claim expansion remanded
O.S., a postal employee, challenged termination of wage-loss benefits and sought acceptance of an additional right foot nerve condition. The Board upheld the compensation termination. It found that OWCP had not fully developed the medical evidence on the additional condition, so it set aside that…
L.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Minneapolis, MN
18-1475 (ECAB): Late knee reconsideration request denied
L.W., a Veterans Affairs nurse, requested reconsideration of a knee injury claim denial. The Board found her request untimely and concluded that her new evidence and argument did not show clear error in OWCP’s earlier decision. It affirmed the refusal to reopen the claim.
T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
18-1418 (ECAB): Medical recurrence and claim expansion denials affirmed
T.M., a Navy employee, sought review of a denied written-record request and claimed both a recurrence and additional lumbar conditions from an accepted injury. The Board upheld the denial of written review. It also found insufficient medical evidence connecting the claimed recurrence and additional…
R.T. and U.S. Postal Service, Post Office, Santa Clarita, CA
18-1263 (ECAB): Foot claim reconsideration remanded
R.T., a postal carrier, attributed foot and ankle conditions to standing and walking while carrying mail. OWCP refused to reopen his claim for merits review. The Board found that he had submitted relevant new evidence, meeting the threshold for reconsideration. It set aside the refusal and directed…
R.F. and Department of Homeland Security, Immigration & Customs Enforcement, Plantation, FL
18-1218 (ECAB): Training injury claim denied for insufficient incident account
R.F., an immigration enforcement officer, claimed an injury during required firearms training. The Board found that his account did not clearly identify the specific work factors or conditions alleged to have caused the medical condition, and he did not supply requested factual details. It affirmed…
A.S. and Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, NY
18-1094 (ECAB): Occupational disease claim held untimely
A.S., a federal correctional officer, filed an occupational disease claim for stress-related conditions. The Board found that he filed outside FECA’s time limit and did not establish timely notice through his supervisor. It affirmed OWCP’s denial without deciding the medical merits.
M.K. and U.S. Postal Service, South Park Station, Alexandria, LA
18-0907 (ECAB): Wage-loss reduction based on offered work affirmed
M.K., a postal employee, declined a temporary limited-duty assignment. OWCP reduced his wage-loss compensation based on what he would have earned in that job. The Board found the assignment and pay calculation proper and affirmed the reduction.
P.E. and U.S. Postal Service, Post Office, Elizabethtown, KY
17-1586 (ECAB): Related injury files remanded for consolidation
P.E., a postal employee, had two injury appeals involving related right arm and shoulder evidence. The Board found that the case files needed to be combined to avoid inconsistent results and allow review of all relevant medical records. It set aside both OWCP decisions and remanded for consolidated…
P.G. and U.S. Postal Service, Post Office, White Plains, NY
17-1461 (ECAB): Unclear injury denial remanded for explanation
P.G., a postal employee, appealed an OWCP denial that did not make clear whether it addressed a recurrence claim or a new traumatic injury. The Board found that the decision lacked adequate facts and reasons. It set the denial aside and ordered OWCP to identify the claim and issue a reasoned new…
Michael Deuso v. Shelburne Limestone Corp.
Miner ordered to address late discrimination filing
Michael Deuso alleged that Shelburne Limestone fired him after he adjusted a stone-feeder control and requested a conveyor-belt speed sensor. He filed his Commission discrimination case almost 19 months after an MSHA supervisor had told him that MSHA could not help with his original report, which…
R.W. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL
18-1059 (ECAB): Overpayment waiver denial affirmed
R.W. requested waiver of recovery of a $31,473.32 compensation overpayment. The Board found that repayment would neither defeat FECA’s purpose nor be against equity and good conscience on the record presented. It affirmed OWCP’s refusal to waive recovery.
C.U. and Department of the Army, Anniston Army Depot, Anniston, AL
18-1480 (ECAB): Hearing loss claim denial affirmed
C.U., an Army small arms repairer, attributed hearing loss and tinnitus to workplace noise. The Board found that the medical evidence did not adequately establish a connection between his conditions and his federal duties. It affirmed OWCP’s denial of the occupational disease claim.
R.M. and Department of Homeland Security, Customs & Border Protection, Atlanta, GA
18-1363 (ECAB): Left foot condition claim denial affirmed
R.M., a customs officer, attributed a left heel deformity and Achilles tendinitis to his work duties. The Board found that the medical evidence did not adequately explain how those duties caused the diagnosed conditions. It affirmed OWCP’s denial of the occupational disease claim.
B.F. and U.S. Postal Service, Post Office, Baraga, MI
18-1345 (ECAB): Retirement benefit overpayment recovery affirmed
B.F. received federal wage-loss compensation and Social Security retirement benefits attributable to federal service during the same period. The Board upheld OWCP’s $25,940.06 overpayment finding. Although OWCP found her without fault, the Board agreed that her finances did not justify waiver. It…
L.M. and U.S. Postal Service, Post Office, Oak Creek, WI
18-1274 (ECAB): Right elbow claim denial affirmed
L.M., a postal employee, attributed right elbow conditions to throwing mail bags and moving equipment. The Board found that the medical evidence did not adequately connect the conditions to those accepted duties. It affirmed OWCP’s denial of the occupational disease claim.
B.I. and Department of the Treasury, Internal Revenue Service, Andover, MA
18-1123 (ECAB): Cleaning product exposure claim denial affirmed
B.I., an IRS examining technician, claimed respiratory and allergic conditions after exposure to a carpet cleaner at work. The Board found that her physician did not explain how the product’s ingredients caused or aggravated the diagnosed conditions. It affirmed OWCP’s denial of the claim.
V.G. and U.S. Postal Service, Post Office, Houston, TX
18-0936 (ECAB): Intermittent disability claim denial affirmed
V.G., a postal employee, sought wage-loss benefits for intermittent absences connected to accepted work conditions. The Board found that the medical evidence did not identify and explain disability on the particular dates claimed. It affirmed OWCP’s denial. The issue states the period through…
P.E. and U.S. Postal Service, Post Office, Phillipsburg, NJ
18-0745 (ECAB): Arm impairment awards remanded for clarification
P.E., a postal custodian, sought increased schedule awards for impairment of both arms. The Board found that the impartial medical specialist’s rating needed clarification before OWCP could determine the extent of impairment. It set aside the award decision and directed OWCP to obtain an updated…
D.L. and U.S. Postal Service, Post Office, Summerville, SC
18-0592 (ECAB): Related shoulder and knee claims remanded for consolidation
D.L., a postal employee, had separate claims involving right shoulder and knee conditions. The Board found that the related files should be combined before OWCP decided them. It set aside the latest decision and directed consolidation, further development, and a new ruling. Both claims remain…
Helen Kendrick, on behalf of the estate of Hassel Kendrick v. Cimaron Minerals, Incorporated
Kendrick v. Cimaron Minerals (BRB 18-0347): benefits award vacated for new judge
Helen Kendrick pursued her late husband's black lung claim on behalf of his estate. A judge awarded benefits after finding 17 years of underground coal mine work, total respiratory disability, and no rebuttal of the statutory presumption. Cimaron challenged the judge's authority under the…
Margaret M. Hancherick, widow of Alex Hancherick v. Helvetia Coal Company
Hancherick v. Helvetia Coal (BRB 17-0593): reconsideration denied
Margaret Hancherick, the widow of Alex Hancherick, sought reconsideration of a prior Board decision in a black lung case. The short order does not describe that decision or her reasons for the request. No panel member voted to vacate or modify the decision. The Board denied reconsideration, leaving…
R.S. and Department of the Army, U.S. Tank Automotive & Armaments Command, Red River Army Depot, TX
18-1524 (ECAB): Hearing loss award denied as not ratable
R.S., an Army electrician, had work-related hearing loss but sought a schedule award for permanent impairment. The Board found that his audiogram did not show hearing loss severe enough to be ratable under the applicable schedule. It affirmed OWCP’s award denial while leaving the accepted hearing…
J.K. and U.S. Postal Service, Post Office, Topeka, KS
18-1508 (ECAB): Smoke exposure injury claim denial affirmed
J.K., a postal mail processing clerk, inhaled smoke from a trash can fire at work. The Board accepted the incident but found that the submitted medical materials did not establish a compensable injury caused by the exposure. It affirmed OWCP’s denial of the traumatic injury claim.
C.L. and Department of Homeland Security, Transportation Security Administration, Green Bay, WI
18-1379 (ECAB): Continuing shoulder disability claim denied
C.L., a transportation security screener, claimed continuing effects and disability from accepted shoulder conditions after October 19, 2015. The Board found that his new medical report did not overcome the weight of an impartial examiner’s contrary opinion. It affirmed OWCP’s denial of continuing…
W.K. and U.S. Postal Service, Post Office, Wayne, PA
18-1260 (ECAB): Late emotional condition reconsideration request denied
W.K., a postal carrier, asked OWCP to reconsider an emotional condition claim after the filing period expired. He said the condition had kept him from filing on time. The Board found that he supplied no medical evidence establishing incompetence during the relevant period and no clear evidence of…
R.G. and U.S. Postal Service, Post Office, Mooresville, NC
18-1220 (ECAB): Additional arm scar schedule award denied
R.G., a postal employee, sought an additional schedule award for scarring after treatment of a work-related right arm condition. The Board found that he had not established entitlement to a further award under either potentially applicable schedule provision. It affirmed OWCP’s denial.
M.J. and U.S. Postal Service, Post Office, Nyack, NY
18-1114 (ECAB): Knee claim and late written review denial affirmed
M.J., a postal employee, claimed a right knee condition after an accepted work incident. The Board found that the medical evidence did not sufficiently link the condition to the incident. It also found that his request for review of the written record was late and properly denied. Both OWCP…
R.P. and U.S. Postal Service, Processing & Distribution Center, Seattle, WA
18-0900 (ECAB): Wage and medical benefits termination reversed
R.P., a postal employee, lost wage-loss compensation and medical benefits after OWCP found that work-related disability had ended. The Board found that the medical opinion OWCP relied on contradicted important accepted facts. It held that OWCP had not met its burden to terminate benefits and…
M.K. and Department of Health & Human Services, Rockville, MD
18-0714 (ECAB): Overpayment decision remanded for review of response
M.K. disputed a preliminary overpayment finding and submitted a recovery questionnaire. OWCP issued its final overpayment decision without addressing those submissions. The Board set aside the decision and directed OWCP to consider the materials and issue a new ruling. Any overpayment determination…
C.S. and U.S. Postal Service, Post Office, Thousand Oaks, CA
17-1686 (ECAB): Additional injury conditions and disability denied
C.S., a postal carrier, sought acceptance of additional neck, shoulder, elbow, and back conditions after an accepted vehicle collision. He also claimed total disability beginning April 30, 2016. The Board found that the medical evidence did not adequately connect the additional conditions or…
G.B. and Department of the Treasury, Internal Revenue Service, Austin, TX
18-1478 (ECAB): Compounded medication authorization denied
G.B., an IRS tax examining technician with accepted upper extremity conditions, sought authorization for a compounded drug called Unique. The Board found that the record did not establish the requested treatment was necessary for her accepted conditions. It held that OWCP did not abuse its…
C.V. and U.S. Postal Service, Post Office, Bloomington, IL
18-1352 (ECAB): Back injury claim denial affirmed
C.V., a postal carrier assistant, reported back pain after carrying magazines upstairs at work. The Board accepted the incident but found that her physician did not adequately explain how it caused a diagnosed lumbar condition. It affirmed OWCP’s denial of the injury claim.
B.J. and Department of Veterans Affairs, Veterans Health Administration, Hines, IL
18-1276 (ECAB): Groin injury claim denial affirmed
B.J., a Veterans Affairs mechanic, reported a groin injury after lifting a drive shaft at work. The Board accepted the incident but found no competent medical evidence establishing an injury caused by it. It affirmed OWCP’s denial of the claim.
H.T. and Department of Veterans Affairs, Hunter Holmes McGuire Veterans Administration Medical Center, Richmond, VA
18-0979 (ECAB): Disability claim remanded for medication effects review
H.T., a Veterans Affairs laundry worker, sought disability benefits after accepted upper extremity conditions. The Board found that OWCP had not asked its examiner whether medication required for those conditions affected her ability to perform a limited-duty job. It set aside three decisions and…
M.S. and U.S. Postal Service, Post Office, Tampa, FL
18-0740 (ECAB): Retirement benefit overpayment recovery affirmed
M.S., a postal employee, received federal wage-loss compensation and Social Security retirement benefits attributable to federal service during the same period. The Board upheld a $29,844.09 overpayment. Although OWCP found her without fault, the Board agreed that her finances did not qualify her…
S.H. and U.S. Postal Service, Processing & Distribution Center, Atlanta, GA
18-0561 (ECAB): Late wage-loss reconsideration request denied
S.H., a postal custodian, sought reconsideration of a wage-loss claim decision after the filing period expired. The Board found that her new evidence did not show clear error in OWCP’s earlier denial. It affirmed the refusal to reopen the merits.
T.M. and U.S. Postal Service, Post Office, Charlotte, NC
17-1195 (ECAB): Claimed 2013 vehicle fall injury denied
T.M., a postal carrier, claimed injuries after falling from a delivery vehicle in August 2013. The Board found that the evidence did not establish that the incident occurred as alleged. It affirmed OWCP’s claim denial without reaching medical causation.
T.M. and U.S. Postal Service, Post Office, Charlotte, NC
17-1194 (ECAB): Claimed 2012 mail equipment injury denied
T.M., a postal carrier, claimed that falling mail equipment injured her in November 2012. The Board found that she had not established that the asserted event occurred as alleged. It affirmed OWCP’s denial without reaching the medical evidence.
SJ Louis Construction of Texas LTD
Trench egress and cave-in violations affirmed
SJ Louis employees worked in a deep utility trench without a ladder, stairway, ramp, or other safe means of exit. The judge found that the improvised path required employees to climb multiple surfaces near an excavator parked at the trench edge and did not qualify as safe egress. The trench also…
United States Department of State, Passport Services (Agency) and National Federation of Federal Employees, Local 1998 (Union)
State Department Passport Services and NFFE Local 1998 (FLRA 0-AR-5394): Outage-notice award upheld
Passport specialists work under production quotas, and computer outages can prevent them from meeting those quotas. A settlement required Passport Services generally to tell employees within two hours whether outage time would count as measurable work, but an arbitrator found that the agency…
Office of Federal Contract Compliance Programs, United States Department of Labor v. Google, Inc.
OFCCP v. Google, Inc. (DOL ARB 2017-0059): agency's appeal voluntarily dismissed
The Labor Department's Office of Federal Contract Compliance Programs appealed an ALJ ruling in its case against Google. On January 30, 2019, OFCCP moved to dismiss its own appeal voluntarily. The Board considered that request. It granted the motion and dismissed the appeal. This one-page order…
R.W. and U.S. Postal Service, Post Office, Jacksonville, FL
18-1457 (ECAB): Continuing disability claim remanded for impartial review
R.W., a postal employee, sought benefits for continuing disability after a work injury. The Board found that the existing impartial medical opinion did not adequately resolve the dispute over how long his work-related disability lasted. It set aside OWCP’s decision and directed a new impartial…
P.S. and U.S. Postal Service, Post Office, Baltimore, MD
18-1438 (ECAB): Overpayment finding upheld; amount remanded
P.S. received compensation to which she was not entitled during part of 2017. The Board upheld the finding that an overpayment occurred but found OWCP had calculated its amount using an offset that bypassed recovery protections. It set aside that part of the decision and remanded for a proper…
M.C. and Department of Homeland Security, Customs & Border Protection, Lordsburg, NM
18-1391 (ECAB): Training injury wage-loss claim denied
M.C., a border patrol trainee, sought wage-loss compensation after an accepted training injury. The Board found that the medical evidence did not adequately establish disability from work during the claimed May to July 2017 period because of that injury. It affirmed OWCP’s denial of wage-loss…
J.M. and U.S. Postal Service, Post Office, Southeastern, PA
18-1387 (ECAB): Greater right arm impairment award denied
J.M., a postal mail handler, sought a schedule award above the three percent right arm impairment he had already received. The Board found the impartial examiner’s assessment more persuasive than the contrary medical evidence. It affirmed OWCP’s denial of an increased award.
L.E. and Department of Veterans Affairs, Veterans Benefits Administration, Chicago, IL
18-1138 (ECAB): Neck and hand conditions claim denial affirmed
L.E., a Veterans Affairs employee, sought acceptance of neck and hand conditions after an accepted work incident. The Board found that her physician did not adequately explain how the incident caused or aggravated those conditions. It affirmed OWCP’s denial of the injury claim because the medical…
R.G. and U.S. Postal Service, Post Office, Dunnellon, FL
18-1045 (ECAB): Shoulder claim and reconsideration denials affirmed
R.G., a postal employee, attributed a right shoulder condition to accepted work duties. The Board found that the medical evidence did not establish causation. It also found that her reconsideration submissions were repetitive or did not address that question. It affirmed OWCP’s claim denial and…
V.K. and U.S. Postal Service, Post Office, West Caldwell, NJ
18-1005 (ECAB): Shoulder claim expansion denial affirmed
V.K., a postal clerk, sought to add a left shoulder condition to an accepted claim after a workplace fall. The Board found that the impartial examiner’s opinion carried greater weight than the supporting reports and did not establish the claimed causal connection. It affirmed OWCP’s refusal to…
S.K. and U.S. Postal Service, Elkins Post Office, Elkins Park, PA
18-0836 (ECAB): Injury claim remanded for medical explanation
S.K., a postal employee, sought compensation for conditions she attributed to an accepted work incident. The Board found that the medical evaluation OWCP obtained did not adequately explain whether the incident caused or aggravated those conditions. It set aside the denial and ordered a reasoned…
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.