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

Suncor Energy (U.S.A.) Inc.

Controlling-employer scaffold citation vacated

A contractor employee fell about 25 feet from an unguarded scaffold platform inside a refinery heater while not using personal fall protection. Suncor was the controlling employer but had no employees performing the work inside the confined space. The Commission found that the violative condition…

February 1, 2019 ·OSHRC
Citations vacated
COMM

Fraternal Order of Police, Lodge No. 1 (Union) and United States Department of Defense, Pentagon Force Protection Agency (Agency)

Pentagon Force Protection Agency and FOP Lodge 1 (FLRA 0-AR-5383): Attorney-fee denial stricken

The Pentagon Force Protection Agency suspended a police officer for fourteen days over procedures for an accident involving an agency vehicle. An arbitrator sustained the grievance, reversed the suspension, and awarded backpay, but denied attorney fees because the union had not proved a statutory…

February 1, 2019 ·FLRA
Modified
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Englewood, Colorado (Agency) and American Federation of Government Employees, Local 709, Council of Prison Locals #33 (Union)

FCI Englewood and AFGE Local 709 (FLRA 0-AR-5381): Late-overtime damages upheld

Federal correctional officers received overtime pay later than the regular payday for the pay period in which they performed the work. An arbitrator found that each delay violated the Fair Labor Standards Act and awarded liquidated damages because the Bureau of Prisons did not establish good faith…

February 1, 2019 ·FLRA
Upheld
COMM

United States Department of Veterans Affairs, St. Petersburg Regional Benefit Office (Agency) and American Federation of Government Employees, Local 1594 (Union)

St. Petersburg VA and AFGE Local 1594 (FLRA 0-AR-5168): PIV reconsideration denied

A union grievance concerned office space and facility access for a union vice president. After the Authority rejected an order requiring a personal-identity-verification card and remanded for another remedy, the arbitrator ordered the VA to let the union official undergo the credentialing process…

February 1, 2019 ·FLRA
Procedural
COMM

Johnson v. Grand Trunk Western Railroad Co.

Complaint dismissed after federal-court filing

Justin Johnson alleged that Grand Trunk Western Railroad retaliated against him in violation of the Federal Railroad Safety Act's whistleblower provisions. OSHA found no reasonable cause, and an ALJ later granted the railroad summary decision and dismissed the complaint. Johnson petitioned the…

January 31, 2019 ·DOL ARB
Procedural
COMM

OFCCP v. Convergys Customer Management Group, Inc.

Reassigned for reconsideration after Lucia

The Labor Department's Office of Federal Contract Compliance Programs brought consolidated cases against Convergys under three federal contractor laws. The Board had stayed briefing while the Supreme Court considered whether agency administrative law judges must be appointed under the…

January 31, 2019 ·DOL ARB
Remanded
COMM

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

18-0771 (ECAB): Schedule award claim remanded for missing test

S.M. sought a schedule award supported in part by a pulmonary function study. The Board found that the study underlying OWCP’s decision was missing from the case record, preventing informed review. It set aside two decisions and directed OWCP to complete the record and issue a new award decision.

January 31, 2019 ·ECAB
Remanded
COMM

Hensel Phelps Construction Co.

Case remanded after Fifth Circuit reversal

An administrative law judge had vacated a willful citation against Hensel Phelps Construction Co. The Fifth Circuit reversed that decision and returned the case to the Commission. The Commission remanded the case to the judge for further proceedings consistent with the court's opinion.

January 31, 2019 ·OSHRC
Remanded
COMM

Lisa Roberts v. Department of Army/NAF

Roberts v. Department of Army/NAF (BRB 18-0390): attorney fee award affirmed

Lisa Roberts received disability and medical benefits for work injuries under the Longshore Act as extended to nonappropriated fund workers. Her counsel challenged the hourly rates used in a $42,890.60 fee award. The Board held that the judge had reasonably weighed the evidence supporting a $400…

January 30, 2019 ·BRB
Procedural
COMM

Paul S. Younce v. P & J Coal Company, Incorporated

Younce v. P & J Coal (BRB 18-0288): benefits award vacated for new hearing

Paul Younce received a black lung benefits award after the judge found 17.054 years of underground mining, total respiratory disability, and no rebuttal of the statutory presumption. P & J Coal challenged the judge's appointment under the Appointments Clause. The Board rejected the argument that…

January 30, 2019 ·BRB
Remanded
COMM

Charles D. Cole, on behalf of the estate of Douglas M. Cole v. Wampler Brothers Coal Company, Incorporated

Cole v. Wampler Brothers Coal (BRB 18-0171): modification request sent to new judge

Douglas Cole had received black lung benefits, and the Board affirmed that award in 2010. Wampler Brothers later sought modification, but another judge denied its request and maintained the award. The employer challenged the second judge's appointment under the Appointments Clause. The Board held…

January 30, 2019 ·BRB
Remanded
COMM

Jerry Wayne Huskey v. Westmoreland Coal Company

Huskey v. Westmoreland Coal (BRB 18-0108): black lung benefits award upheld

Jerry Huskey filed a later black lung claim after an earlier denial. The judge credited more than 18 years of underground coal mine work and found total respiratory disability, which triggered a statutory presumption of entitlement. Westmoreland contested the finding that it failed to rebut the…

January 30, 2019 ·BRB
Affirmed
COMM

Brenda S. Quesenberry, widow of Carl Quesenberry v. Consolidation Coal Company

Quesenberry v. Consolidation Coal (BRB 18-0103): survivor benefits award upheld

Brenda Quesenberry sought survivor benefits after the death of her husband, Carl, whose lifetime benefits claim had been denied. The judge found at least 15 years of underground coal mine work and total respiratory disability, triggering a presumption that pneumoconiosis caused his death…

January 30, 2019 ·BRB
Affirmed
COMM

Charles Couch v. Alamo Trucking Company, Incorporated

Couch v. Alamo Trucking (BRB 18-0095): benefits award upheld without statutory presumption

Charles Couch worked in surface coal mining but had fewer than 15 years in conditions comparable to underground mining, so he could not use the statutory disability presumption. The judge found legal pneumoconiosis in chronic bronchitis related to coal dust and smoking, total respiratory…

January 30, 2019 ·BRB
Affirmed
COMM

Tony Engle v. Dixie Fuel Company, LLC

Engle v. Dixie Fuel (BRB 18-0068): benefits award upheld on medical evidence

Tony Engle had nine years of coal mine employment, too few for the statutory disability presumption. The judge instead found the required disease, work connection, total respiratory disability, and disability causation from the medical record. Dixie Fuel challenged the findings of pneumoconiosis…

January 30, 2019 ·BRB
Affirmed
COMM

Donald R. Parrent v. Lodestar Energy, Incorporated

Parrent v. Lodestar Energy (BRB 18-0022): black lung benefits award upheld

Donald Parrent received black lung benefits after the judge found 24 years of underground coal mine work and total respiratory disability. Those findings triggered a statutory presumption of disability due to pneumoconiosis. Lodestar challenged the disability finding and argued that its medical…

January 30, 2019 ·BRB
Affirmed
COMM

Jackie D. Haught v. R & F Coal Company

Haught v. R & F Coal (BRB 17-0676): black lung benefits award upheld

Jackie Haught received black lung benefits after the judge found more than 15 years of qualifying coal mine work and total respiratory disability. Those findings triggered the statutory presumption that the disability was due to pneumoconiosis. R & F Coal challenged both the presumption and the…

January 30, 2019 ·BRB
Affirmed
COMM

In re Woods

Case dismissed after no show-cause response

The Board issued Woodson Woods, Jr. an order to show cause on December 18, 2018. The order gave him 20 days to explain why the case should not be dismissed. The Board received no response. It therefore dismissed the case. The one-page order does not describe the underlying claim or give any other…

January 30, 2019 ·DOL ARB
Procedural
COMM

Hawkins-El v. New York Transit Authority

Case dismissed after no show-cause response

The Board issued James S. Hawkins-El, III an order to show cause on December 18, 2018. The order gave him 20 days to explain why the case should not be dismissed. The Board received no response. It therefore dismissed the case. The one-page order does not describe the underlying claim or give any…

January 30, 2019 ·DOL ARB
Procedural
COMM

Charles E. Moore v. National Mines Corporation

Moore v. National Mines (BRB 18-0330): benefits award vacated for new hearing

Charles Moore received a black lung benefits award after the judge found at least 15 years of underground mining, total respiratory disability, and no rebuttal of the statutory presumption. National Mines challenged the judge's appointment under the Appointments Clause. The judge had conducted a…

January 29, 2019 ·BRB
Remanded
COMM

Donna Carol Caldwell, widow of Edgar Caldwell v. V & E Mining Company

Caldwell v. V & E Mining (BRB 18-0058): survivor benefits denial upheld

Donna Caldwell appealed without a lawyer after a judge denied survivor benefits following her husband's death. The judge credited 14.41 years of coal mine work, too few for the 15-year death-causation presumption, and found no complicated pneumoconiosis. He also found that the medical evidence did…

January 29, 2019 ·BRB
Affirmed
COMM

T.B. and Tennessee Valley Authority, Division of Power Systems Operations, TN

18-1214 (ECAB): Hearing loss claim and reconsideration denials affirmed

T.B., a Tennessee Valley Authority electrician, claimed hearing loss and tinnitus from work noise. The Board found that he had not given enough detail about the additional workplace noise exposure underlying this claim. It also found that his reconsideration submission repeated material already in…

January 29, 2019 ·ECAB
Affirmed
COMM

D.S. and Department of Veterans Affairs, Veterans Health Administration Augusta Veterans Medical Center, Augusta, GA

18-1140 (ECAB): Upper extremity impairment award denied

D.S., a Veterans Affairs nursing assistant, sought a schedule award for permanent upper extremity impairment after an accepted neck and shoulder injury. Two physicians rated permanent impairment of the right arm, but the Board rejected those ratings because they relied on a rotator cuff tear that…

January 29, 2019 ·ECAB
Affirmed
COMM

C.C. and Department of Homeland Security, Customs & Border Protection, Orlando, FL

18-1127 (ECAB): Wage-earning capacity modification denial affirmed

C.C., a customs employee, sought modification of an earlier wage-earning capacity determination. The Board found that the medical evidence did not establish that his accepted conditions prevented him from performing the dispatcher work used in that determination. It affirmed OWCP’s refusal to…

January 29, 2019 ·ECAB
Affirmed
COMM

E.H. and U.S. Postal Service, Post Office, Nashville, TN

18-1009 (ECAB): Overpayment fault finding modified; waiver remanded

E.H. received federal wage-loss compensation and Social Security retirement benefits attributable to federal service during the same period. The Board upheld the overpayment but found fault only for September 2014 through July 2015. It found him without fault for the later period and remanded for…

January 29, 2019 ·ECAB
Mixed result
COMM

A.H. and U.S. Postal Service, Post Office, Washougal, WA

18-0960 (ECAB): Wage-loss termination reversed

A.H., a postal rural carrier, was receiving federal retirement benefits rather than FECA wage-loss compensation. OWCP nevertheless invoked a rule for terminating compensation based on available light-duty work. The Board found that the rule did not apply while she was off the compensation rolls and…

January 29, 2019 ·ECAB
Vacated
COMM

C.M. and U.S. Postal Service, Post Office, Pompano, FL

17-1977 (ECAB): Occupational disease claim remanded for medical development

C.M., a postal carrier, attributed worsening neck and back conditions to modified work duties. The Board found that OWCP needed a complete account of his duties and a specialist opinion on whether they caused or aggravated the accepted conditions. It set aside the claim denial and ordered further…

January 29, 2019 ·ECAB
Remanded
COMM

Edgar Whitaker v. Director, Office of Workers’ Compensation Programs

Whitaker v. Director, OWCP (BRB 18-0112): benefits denial upheld for lack of total disability

Edgar Whitaker filed a later black lung claim after several earlier claims were withdrawn or denied. Following a prior remand for a complete pulmonary evaluation, the judge again found that new evidence did not establish total respiratory disability. Whitaker had 10.5 years of coal mine work and…

January 28, 2019 ·BRB
Affirmed
COMM

Michael Robirds v. ICTSI Oregon, Incorporated

Michael Robirds v. ICTSI Oregon (BRB 17-0635): interest awarded on delayed additional compensation

Michael Robirds, a crane mechanic, received Longshore Act benefits after a work injury to his right leg and other body parts. His employer had delayed some permanent partial disability payments, and an administrative law judge awarded additional compensation under Section 14(e) but denied interest…

January 28, 2019 ·BRB
Mixed result
COMM

P.G. and U.S. Postal Service, Post Office, Pismo Beach, CA

18-1547 (ECAB): Work injury claim denied for lack of medical link

P.G., a postal clerk, reported neck and upper back pain after lifting a parcel at work. OWCP accepted that the lifting incident occurred. The Board found that the medical reports did not adequately explain how that incident caused the diagnosed conditions. It affirmed the denial of the claim.

January 28, 2019 ·ECAB
Affirmed
COMM

E.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX

18-1293 (ECAB): Overpayment and denial of waiver affirmed

E.S., a former Veterans Affairs nurse, received wage-loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board upheld OWCP’s calculation of a $54,852.63 overpayment for August 2012 through April 2018. Although OWCP found her without fault…

January 28, 2019 ·ECAB
Affirmed
COMM

J.N. and Department of Transportation, Federal Aviation Administration, Florence, SC

18-0646 (ECAB): Late hearing request denial affirmed

J.N., a Federal Aviation Administration electronics technician, asked for a hearing after OWCP issued a decision about his injury claim. His request was postmarked more than 30 days after that decision. The Board found that OWCP considered whether to grant a hearing in its discretion and did not…

January 28, 2019 ·ECAB
Affirmed
COMM

R.A. and Department of the Interior, National Park Service, Washington, DC

18-0406 (ECAB): Compensation forfeiture remanded for better evidence

R.A., a National Park Service maintenance worker, challenged OWCP’s forfeiture of compensation based on alleged unreported work and earnings. The Board found that an investigator’s summary of a phone interview did not adequately establish that he worked or earned income during the forfeiture…

January 28, 2019 ·ECAB
Remanded
COMM

E.W. and U.S. Postal Service, Post Office, Cleveland, OH

17-1988 (ECAB): Disability and recurrence claims denied

E.W., a postal worker, claimed two short absences in May 2017 and a longer recurrence of disability earlier that year from an accepted 2002 injury. The Board found that her physician’s reports did not explain why the accepted condition prevented work on the claimed dates. It also found no supported…

January 28, 2019 ·ECAB
Affirmed
COMM

J.W. and Department of Homeland Security, Transportation Security Administration-Federal Air Marshal Service, College Park, GA

17-1943 (ECAB): Reconsideration denial affirmed

J.W., a federal air marshal, sought reconsideration of a prior decision about his shoulder injury claim. The Board found that his submission did not present a new legal argument or relevant new evidence. It affirmed OWCP’s refusal to reopen the merits of the claim.

January 28, 2019 ·ECAB
Affirmed
COMM

S.B. and Department of Homeland Security, Immigration & Customs Enforcement, Bloomington, MN

17-1665 (ECAB): Schedule award timing remanded

S.B., an immigration enforcement special agent, disputed the maximum medical improvement date used for her schedule award. The Board found conflicting dates in the medical record, including a date used by the district medical adviser that differed from the examining physician’s opinion. It set…

January 28, 2019 ·ECAB
Remanded
COMM

D.L. and U.S. Postal Service, Post Office, Newark, NJ

17-1588 (ECAB): Disability claim remanded to complete case record

D.L., a postal carrier, appealed an OWCP decision involving disability after returning to modified work. The Board found that medical reports used to assess a claimed conflict in opinion were missing from the record it received. It set aside the decision and directed OWCP to combine the related…

January 28, 2019 ·ECAB
Remanded
COMM

R.C. and U.S. Postal Service, Customer Care Center, Detroit, MI

17-0198 (ECAB): Untimely reconsideration denial affirmed

R.C., a postal worker, sought reconsideration of an earlier decision about his accepted injury claim. The Board found that the request came more than one year after the prior merits decision. It also found that his submission did not demonstrate clear evidence of error. It affirmed OWCP’s refusal…

January 28, 2019 ·ECAB
Affirmed
COMM

John Newcomer v. DynCorp International, LLC

Newcomer v. DynCorp International (BRB 18-0316): attorney fee order affirmed

John Newcomer was awarded disability and medical benefits after injuries sustained while working for DynCorp in Iraq. His counsel appealed an employer-paid attorney fee award of $102,590.07. The Board held that the judge reasonably set the attorney's hourly rates using Portland market evidence and…

January 25, 2019 ·BRB
Procedural
COMM

Helay Seidqi v. Acclaim Technical Services

Seidqi v. Acclaim Technical Services (BRB 18-0269): attorney fee rates and travel costs remanded

Helay Seidqi's counsel challenged the fee and costs awarded after Seidqi received benefits under the Defense Base Act. The employer had accepted the requested attorney rates, but the judge reduced them without first giving the parties notice and an opportunity to address the market evidence. The…

January 25, 2019 ·BRB
Procedural
COMM

Jacob Tapia v. Chevron Mining, Incorporated

Tapia v. Chevron Mining (BRB 18-0109): black lung benefits award upheld

Jacob Tapia filed a later black lung claim after earlier denials. The judge found more than 30 years of underground mining and total respiratory disability, invoking the statutory presumption of disability due to pneumoconiosis. Chevron Mining challenged the disability finding and argued that its…

January 25, 2019 ·BRB
Affirmed
COMM

Leroy Perry, Jr. v. Beech Fork Processing, Incorporated

Perry v. Beech Fork Processing (BRB 18-0096 and 18-0096A): benefits award upheld

Leroy Perry received black lung benefits after the judge found 20 years of underground mine work and total respiratory disability. Beech Fork challenged the finding of disability and the resulting statutory presumption. The Board upheld the judge's assessment of the medical evidence and noted that…

January 25, 2019 ·BRB
Affirmed
COMM

Leroy Perry, Jr. v. Beech Fork Processing, Incorporated

Perry v. Beech Fork Processing (BRB 18-0096 and 18-0096A): benefits award upheld

Leroy Perry received black lung benefits after the judge found 20 years of underground mine work and total respiratory disability. Beech Fork challenged the finding of disability and the resulting statutory presumption. The Board upheld the judge's assessment of the medical evidence and noted that…

January 25, 2019 ·BRB
Affirmed
COMM

B.W. and Department of Health & Human Services, Indian Health Service, Rosebud, SD

18-1259 (ECAB): Schedule award reconsideration denial affirmed

B.W., an Indian Health Service medical records technician, sought reconsideration of a schedule award decision concerning her right shoulder. The Board found that her submission did not present a new legal argument or relevant new evidence about that shoulder. Medical evidence about her left…

January 25, 2019 ·ECAB
Affirmed
COMM

B.H. and U.S. Postal Service, Houston Performance & Distribution Center, North Houston, TX

18-1219 (ECAB): Carpal tunnel claim denial affirmed

B.H., a mail processing clerk, attributed bilateral carpal tunnel syndrome to repetitive work on a mail sorting machine. The Board accepted her account of the work factors but found that her doctor did not explain how those factors caused or aggravated the diagnosed condition. It affirmed OWCP’s…

January 25, 2019 ·ECAB
Affirmed
COMM

M.O. and U.S. Postal Service, Post Office, Sutter Creek, CA

18-0686 (ECAB): Forfeiture and $148,642.54 overpayment affirmed

M.O., a postal rural carrier, received compensation while engaging in employment activities she did not report. The Board upheld forfeiture for August 2006 through November 2010 and an overpayment of $148,642.54. It also upheld OWCP’s finding that she was at fault, which precluded waiver of…

January 25, 2019 ·ECAB
Affirmed
COMM

S.M. and U.S. Postal Service, Post Office, Nesquehoning, PA

18-0673 (ECAB): Medical benefit termination and reconsideration denial affirmed

S.M., a postal carrier, had an accepted injury claim after a work-related vehicle accident. The Board found that OWCP had sufficient medical evidence to end medical benefits for that injury on January 14, 2016. It also found that S.M. had not established continuing injury-related residuals or shown…

January 25, 2019 ·ECAB
Affirmed
COMM

F.H. and U.S. Postal Service, Post Office, Southeastern, PA

17-1924 (ECAB): Arm impairment award remanded for new medical opinion

F.H., a postal worker, sought a schedule award greater than five percent for his left arm. The Board found that the impartial examiner had adopted another doctor’s impairment rating without independently applying the rating guide. It set aside OWCP’s decision and directed further medical…

January 25, 2019 ·ECAB
Remanded
COMM

L.B. and U.S. Postal Service, Post Office, Auburn, WA

17-0405 (ECAB): Wage-loss termination after light-duty offer affirmed

L.B., a postal sales associate, received wage-loss compensation for an accepted shoulder injury. OWCP ended those payments after an available temporary light-duty assignment was offered. The Board found that the offered duties fit the medical work restrictions in the record. It affirmed the…

January 25, 2019 ·ECAB
Affirmed
COMM

Freddie Fraley v. Shell Coal & Terminal Company d/b/a Wolf Creek Collieries, Incorporated

Fraley v. Shell Coal (BRB 18-0106): black lung benefits award upheld

Freddie Fraley filed another black lung claim after earlier denials. The judge found 20 years of coal mine work, including 19 underground, and total respiratory disability, invoking the statutory presumption of disability due to pneumoconiosis. Shell Coal challenged the lung function evidence and…

January 24, 2019 ·BRB
Affirmed
COMM

S.B. and U.S. Postal Service, Post Office, Dayton, OH

18-1296 (ECAB): Shoulder and wrist occupational disease claim denied

S.B., a postal clerk, attributed right shoulder and wrist conditions to her work duties. The Board found that her doctor gave a general opinion linking her shoulder condition to work but did not explain the medical basis for that link. The remaining evidence also did not establish the claimed…

January 24, 2019 ·ECAB
Affirmed
COMM

B.W. and Department of Veterans Affairs, Jesse Brown Veterans Administration Medical Center, Chicago, IL

18-0901 (ECAB): Arm impairment award remanded for complete rating

B.W., a Veterans Affairs clerk, sought a schedule award greater than three percent for each arm. The Board found that OWCP had not obtained the measurements needed to compare the permitted impairment rating methods for her wrist condition. It set aside the award decision and directed further…

January 24, 2019 ·ECAB
Remanded
COMM

A.G. and Department of Veterans Affairs, Jesse Brown Medical Center, Chicago, IL

18-0815 (ECAB): Leg impairment award remanded to resolve medical conflict

A.G., a Veterans Affairs mechanic, sought schedule awards greater than 14 percent for each leg. The Board found an unresolved conflict between the district medical adviser and the treating physician over the impairment rating. It set aside OWCP’s decision and remanded for further medical…

January 24, 2019 ·ECAB
Remanded
COMM

C.S. and U.S. Postal Service, Creston Station Post Office, Portland, OR

18-0712 (ECAB): Recurrence of total disability denied

C.S., a postal carrier with an accepted back injury, returned to a modified position and then claimed a recurrence of total disability beginning June 10, 2014. The Board found that the evidence did not establish a relevant worsening of her injury or a change in the light-duty job. It affirmed…

January 24, 2019 ·ECAB
Affirmed
COMM

B.R. and U.S. Postal Service, Post Office, Beachwood, OH

18-0339 (ECAB): Overpayment fault finding split; waiver remanded

B.R., a postal worker, claimed disability from an accepted injury and challenged an $11,235.14 compensation overpayment. The Board upheld the denial of disability and the overpayment finding. It found him without fault for July 26 through August 20, 2016, but at fault for August 21 through November…

January 24, 2019 ·ECAB
Mixed result
COMM

D.M. and Department of Veterans Affairs, Veterans Health Administration, Augusta, GA

17-1052 (ECAB): Termination of compensation and medical benefits affirmed

D.M., a Veterans Affairs nursing assistant, received benefits for an accepted back injury. The Board found that OWCP had shown she no longer had residuals of that injury by December 1, 2011. It also found that she had not established continuing work-related disability after that date. It affirmed…

January 24, 2019 ·ECAB
Affirmed
COMM

Anthony Jordan v. SSA Terminals

Jordan v. SSA Terminals (BRB 18-0476): denial of further disability benefits affirmed

Anthony Jordan sought additional temporary total disability benefits after a work accident at SSA Terminals. The contested period was April 14, 2016 through March 27, 2018; the employer had paid earlier benefits, and the parties stipulated to disability beginning with later surgery. The judge found…

January 23, 2019 ·BRB
Affirmed
COMM

Daryl Richard v. McDermott, Incorporated

Richard v. McDermott (BRB 18-0295): attorney fee liability sent back for explanation

Daryl Richard received hearing loss benefits under the Longshore Act. McDermott paid a half-week of compensation within 30 days of receiving formal notice of the claim, and the parties stipulated that it did not owe Richard's attorney fees. The district director accepted that stipulation in the…

January 23, 2019 ·BRB
Procedural
COMM

Steven M. Brown v. DynCorp International

Brown v. DynCorp International (BRB 18-0283 and 18-0283A): fee rate and travel cost remanded

Steven Brown received benefits after injuries sustained while working for DynCorp. Both sides appealed parts of the attorney fee award. The Board upheld employer liability because Brown obtained additional compensation after the employer rejected part of a written recommendation. It vacated the…

January 23, 2019 ·BRB
Procedural
COMM

Edward M. Lannon v. Chevron Mining, Incorporated

Lannon v. Chevron Mining (BRB 18-0110): benefits award and reconsideration denial upheld

Edward Lannon received black lung benefits after the judge found at least 17 years of qualifying mine work and total respiratory disability. Chevron Mining sought reconsideration from the judge and then appealed the award. The Board upheld the disability finding and the statutory presumption. It…

January 23, 2019 ·BRB
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.