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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E.L. and Department of the Navy, Navy Region Southeast
Additional shoulder surgery not authorized
E.L., an electrical engineer, had accepted right shoulder injuries after a workplace fall. He requested authorization for additional right shoulder surgery. OWCP relied on a medical adviser who found the proposed surgery unwarranted for the accepted conditions. The Board found that OWCP had…
D.W. and Department of Homeland Security, Federal Emergency Management Agency
Knee injury claim and hearing request denied
D.W., a management analyst, reported falling after tripping over a chair leg at work. OWCP accepted the December 5, 2016 incident but found the medical evidence insufficient to connect a knee injury to it. The Board also found her request for an oral hearing untimely. It affirmed both OWCP…
R.P. and U.S. Postal Service, Post Office
Claim denial remanded for clearer findings
R.P., an equal employment opportunity specialist, claimed physical and emotional injuries after a workplace dispute over her personal belongings. OWCP denied the claim. The Board found that OWCP’s decision did not clearly identify which events it accepted as employment factors and gave inconsistent…
N.L. and U.S. Postal Service, Post Office
Back injury claim denied for inadequate causation evidence
N.L., a city carrier assistant, claimed a back injury from a January 18, 2016 work incident. OWCP accepted the incident but denied the claim. The Board found that the physicians’ reports did not adequately explain how the incident caused or aggravated her diagnosed back condition. It affirmed the…
A.S. and U.S. Postal Service, Post Office
Overpayment amount remanded; waiver denial upheld
A.S., a city carrier, received federal workers’ compensation and Social Security retirement benefits based partly on federal service. OWCP found an overpayment of $3,888.45 and denied waiver of recovery. The Board agreed that an overpayment occurred and that waiver was properly denied. It found the…
S.M. and U.S. Postal Service, Post Office
Knee osteoarthritis claim remanded for medical review
S.M., a retired letter carrier, claimed that work accelerated osteoarthritis in his left knee. OWCP began arranging a second opinion medical examination but did not complete it. The Board held that once OWCP undertook this development, it had to carry it through properly. It set aside the denial…
M.B. and Department of Agriculture
Back injury claim denied for lack of physician evidence
M.B., a food safety inspector, reported pulling the right side of her back while reaching for a meat product during inspection. OWCP accepted the February 24, 2017 incident but denied the claim. The Board found that the submitted nurse, physician assistant, and chiropractor records did not provide…
K.C. and Department of the Army
Additional hip conditions not added to accepted claim
K.C., a field surface mechanic, injured his hip when his leg caught on a gate while riding in a work vehicle. OWCP accepted the hip dislocation but declined to add a femoral head fracture and an adductor muscle contusion. The Board found that the medical opinion did not adequately explain how the…
United States Department of Homeland Security, Customs and Border Protection (Agency) and National Treasury Employees Union, Local 154 (Union)
CBP and NTEU Local 154 (FLRA 0-AR-5378): In-camera discovery exceptions dismissed
NTEU alleged that Customs and Border Protection interviewed an officer who was reportedly intoxicated on duty without giving the union advance notice. To prepare for arbitration, the union requested investigative manuals that the agency claimed were protected by the federal law-enforcement…
United States Small Business Administration (Agency) and American Federation of Government Employees, Local 3841 (Union)
SBA and AFGE Local 3841 (FLRA 0-AR-5260): Arbitration-deadline reconsideration denied
The parties' agreement required the party invoking arbitration to request an arbitrator panel within fourteen days and required strict compliance unless both sides agreed otherwise. The union waited about six months, but an arbitrator allowed the grievance after finding that the agency waived…
Marshall Justice v. Rockwell Mining, LLC
Interference claims allowed to proceed
Marshall Justice, a non-employee miners' representative, alleged that Rockwell Mining interfered with his rights to inspect the mine map and accompany MSHA inspectors at the Gateway Eagle Mine. Rockwell asked to dismiss the pro se complaint, arguing that Justice had no right to a copy of the map…
Secretary of Labor v. KenAmerican Resources, Inc.
Advance-notice citation vacated
KenAmerican Resources operated the Paradise #9 underground mine, where MSHA inspectors arrived to investigate a hazard complaint. The Secretary alleged that a dispatcher gave prohibited advance notice when an underground miner asked whether "company" was outside and the dispatcher answered that he…
M.M. and Department of Veterans Affairs, Raymond G. Murphy Medical Center
Hand and wrist condition claim denied
M.M., a respiratory therapist, claimed a trigger finger and tendinitis in both wrists from her work. OWCP accepted the work activities but denied the claim. The Board found that the medical reports did not adequately explain how those activities caused or aggravated the claimed conditions. It…
C.M. and U.S. Postal Service, Post Office
Additional leg impairment award denied
C.M., a mail handler, had an accepted bilateral foot condition and received a schedule award for one percent impairment of each lower extremity. She sought a larger award. The Board found that the medical evidence did not establish greater permanent impairment under the applicable rating method. It…
R.L. and Department of Homeland Security, Customs and Border Protection
Claimed lifting injury not established
R.L., a customs and border protection officer, claimed a back injury from lifting a heavy parcel at work on April 30, 2017. The Board found material inconsistencies between his account and the medical records about when and how the injury occurred. It held that he had not established the claimed…
R.R. and Department of the Navy, Naval Air Systems Command
Recurrence of disability claim denied
R.R., a material handler, had an accepted right arm injury from January 2000. He claimed a recurrence of disability beginning January 1, 2016. The Board found that the medical evidence did not adequately connect the claimed disability to the accepted injury. It affirmed OWCP’s denial.
S.D. and U.S. Postal Service, Post Office
Right leg injury claim denied
S.D., a postal employee, claimed a right leg injury after a December 18, 2015 work incident. OWCP accepted the incident but denied the claim. The Board found that the medical reports did not adequately explain how the incident caused her diagnosed leg condition. It affirmed the denial.
G.K. and U.S. Postal Service, Post Office
Upper extremity impairment award remanded
G.K., a postal worker, sought a greater schedule award than the 20 percent impairment already recognized for each upper extremity. The Board found inconsistent use of diagnosis based and range of motion methods in OWCP’s upper extremity impairment ratings. It set aside OWCP’s decision and required…
B.J. and U.S. Postal Service, Post Office
Overpayment and waiver denial upheld
B.J., a former customer care agent, elected retirement benefits while receiving federal workers’ compensation. OWCP calculated a $3,561.96 overpayment for December 7, 2015 through January 9, 2016 and denied waiver of recovery. The Board found the payment calculation supported and upheld the denial…
C.W. and Department of the Navy, Naval Expeditionary Medical Support
Finger impairment award remanded for clearer medical review
C.W. sought a schedule award for lasting impairment of her right hand after a finger injury. OWCP’s medical adviser said the record lacked information needed for a rating but did not explain what was missing. The Board found that OWCP had to develop the medical evidence properly once it undertook…
T.M. and U.S. Postal Service, Processing and Distribution Plant
Shoulder injury claim denied
T.M., a mail handler, claimed left shoulder conditions after a July 16, 2017 work incident. OWCP accepted the incident but denied the claim. The Board found that the medical reports did not adequately explain how the incident caused the shoulder conditions. It affirmed the denial.
E.W. and U.S. Postal Service, Post Office
Knee condition claim denied
E.W., a rural carrier, claimed a right knee injury from a June 10, 2017 work incident. She had previously been treated for a right knee condition. The Board found that the medical evidence did not adequately explain how the accepted incident caused or aggravated her knee condition. It affirmed…
A.O. and U.S. Postal Service, Post Office
Permanent impairment award denied
A.O. had accepted injuries including traumatic brain bleeding and a right shoulder joint tear. She sought a schedule award for permanent impairment. The Board found that she had not submitted medical evidence establishing permanent impairment of a scheduled body member or function under the…
D.H. and U.S. Postal Service, Post Office
Emotional condition claim denied
D.H., a rural carrier, claimed acute stress disorder and generalized anxiety disorder after a March 17, 2016 work incident. OWCP accepted the incident but denied the claim. The Board found that the medical evidence did not adequately connect the diagnosed conditions to the incident. It affirmed the…
I.K. and U.S. Postal Service, Post Office
Reconsideration denial remanded for reasons
I.K., a postal worker, sought reconsideration of a denied emotional condition claim after the one year filing period. OWCP denied the request for failing to show clear evidence of error. The Board agreed that the request was untimely, but found that OWCP had not explained its conclusion or…
J.M. and Department of Veterans Affairs, Veterans Health Administration
Recurrence of disability claim denied
J.M., a vocational nurse, had an accepted injury from September 10, 2015. He claimed a recurrence of disability on December 1, 2015. The Board found the medical reports insufficient to establish that his later disability was caused by the accepted injury. It affirmed OWCP’s denial.
S.S. and U.S. Postal Service, Post Office
Foot condition aggravation claim denied
S.S., a letter carrier, claimed that her work aggravated bunions and hammertoes in both feet. OWCP accepted the described work factors but denied the claim. The Board found that the medical reports did not sufficiently explain how those duties aggravated her diagnosed conditions. It affirmed the…
E.B. and U.S. Postal Service, Post Office
Three periods of total disability denied
E.B., a rural carrier associate, was injured in a work vehicle accident in February 2014. She later claimed total disability during three periods in 2015 and 2016. The Board found that the medical evidence did not adequately show that her accepted injury prevented work throughout those periods. It…
Industrial Process Equipment Constructors v. Secretary of Labor
Late imminent-danger contest dismissed
MSHA issued Industrial Process Equipment Constructors an imminent-danger withdrawal order at the Portland Plant and Quarry. The company filed its notice of contest more than 30 days later, arguing that the contest procedure was confusing and that it lacked counsel during the filing period. Judge…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Vehicle-light citations affirmed with lower penalties
MSHA found a service truck with inoperable brake lights and four haul trucks with broken or missing headlights and brake lights at Cactus Canyon's Fairland quarry. Judge David P. Simonton held that the defective lights affected safety because other drivers might not see a vehicle slowing, stopping…
Secretary of Labor v. Martin Marietta Materials Southwest, Inc.
Loose highwall citation affirmed
Martin Marietta operated the Beckmann Quarry, where an MSHA inspector found loose boulders and back breakage above an area used by a loader. Judge David P. Simonton found that the highwall had not been adequately scaled and that the falling-material hazard existed where a miner worked. He credited…
D.A. and U.S. Postal Service, Post Office
Arm impairment award remanded for impartial review
D.A., a postal employee, sought a larger award than 15 percent permanent impairment of his right arm and an award for his left arm. OWCP referred a conflict in medical opinion to impartial examiners. The Board found that the examiners used whole body impairment ratings that FECA does not authorize…
A.S. and U.S. Postal Service, Post Office
Motor vehicle injury outside federal duty
A.S., a postal employee, claimed an injury from a March 27, 2017 motor vehicle accident. The Board found that he did not establish that the accident occurred while he was performing federal employment duties. It affirmed OWCP’s denial of the claim.
D.V. and U.S. Postal Service, Post Office
Hip and elbow condition claim remanded for medical opinion
D.V., a former letter carrier, claimed right hip and left elbow conditions from years of postal duties. His physician described the work activities and explained how they could cause the conditions. The Board found that the report raised an uncontroverted inference of causation but needed a fuller…
A.W. and U.S. Postal Service, Post Office
Foot impairment award remanded for medical development
A.W., a letter carrier, received a schedule award for one percent impairment of her left lower extremity after accepted foot conditions and surgeries. She sought a larger award. The Board found that the impairment evaluation used an unsuitable pain rating method and did not adequately address…
M.C. and U.S. Postal Service, Health and Resource Management Office
Additional leg impairment award denied
M.C., a postal employee, sought larger schedule awards than the 13 percent right and 12 percent left lower extremity impairments already recognized. The Board found that the medical evidence did not establish greater permanent impairment of either leg. It affirmed OWCP’s decision.
A.S. and Department of Homeland Security, Customs and Border Protection
Arm impairment ratings remanded; leg rating upheld
A.S., a customs and border protection employee, sought greater schedule awards for both arms and his left leg. The Board found that the evidence did not establish more than 10 percent impairment of the left lower extremity. It found the upper extremity ratings were not ready for decision and…
E.A. and Department of Veterans Affairs, Veterans Health Administration
Claimed workplace accident not established
E.A., a medical technician, claimed that he injured his right leg near a coworker’s scooter at work on August 3, 2016. The Board found that the weight of the evidence did not establish that the event happened as he described. It affirmed OWCP’s denial.
R.K. and Department of Veterans Affairs, Veterans Administration Medical Center
Back injury claim and hearing denial upheld
R.K., a medical instrument technician, claimed a lumbar condition after an April 13, 2016 work incident. The Board found that the medical evidence did not adequately connect the condition to the accepted incident. Her hearing request was filed more than 30 days after OWCP’s decision, and the Board…
Garrick Spain v. Expeditors & Production Service Company, Incorporated
Garrick Spain v. Expeditors & Production Service (BRB 18-0428): port living quarters and offshore supply work covered
Garrick Spain dispatched supplies for vessels serving offshore oil and gas rigs from a Louisiana port. He slipped in employer-provided living quarters at one port facility and sought benefits. The employer disputed whether the living quarters were a covered Longshore Act site and whether Spain's…
J.M. and U.S. Postal Service, Post Office
Wage earning capacity determination left in place
J.M., a postal employee with accepted back conditions, had a 2011 wage earning capacity determination based on a labor custodian position. After he stopped work in 2017, he sought to change that determination. The Board found that the medical evidence did not establish a material change in his work…
K.W. and U.S. Postal Service, Post Office
Consequential shoulder claim and reconsideration denied
K.W. had an accepted left shoulder work injury and claimed that it caused a right shoulder condition. The Board found the medical evidence insufficient to establish that consequential link. It also found that OWCP properly declined to reopen the merits on his reconsideration request. It affirmed…
H.P. and Department of Veterans Affairs, Veterans Administration Medical Center
Termination of emotional injury benefits reversed
H.P., a critical care nurse, had accepted emotional conditions and received compensation and medical benefits. OWCP terminated both based on a second opinion psychiatrist’s report. The Board found that the psychiatrist had been given an outdated statement of facts that omitted the conditions OWCP…
A.N. and Department of the Navy, Military Sealift Command
Late hearing request denied
A.N., a Navy employee, requested an oral hearing on an OWCP decision issued in March 2016. Her request was postmarked in January 2018, beyond the 30 day period. The Board found the request untimely and upheld OWCP’s denial.
C.L. and U.S. Postal Service, Post Office
Claimed threat injury not established
C.L., a rural carrier, alleged that a customer threatened to shoot her and damage her car while she was working. OWCP asked for details needed to establish the claimed event, but she did not provide them. The Board found the factual record insufficient to establish an injury in the performance of…
L.B. and U.S. Postal Service, Post Office
Compensation suspended for missed examination
L.B., a postal employee with accepted upper extremity injuries, was scheduled for a medical examination to assess her residuals. She did not attend the examination. The Board found that OWCP had properly notified her of the examination and the consequences of failing to cooperate. It upheld the…
G.S. and U.S. Postal Service, Post Office
Additional arm impairment awards denied
G.S., a postmaster, had received schedule awards for one percent permanent impairment of each upper extremity. He sought larger awards. The Board found that the medical evidence did not establish greater impairment of either arm. It affirmed OWCP’s decision.
United States Department of the Navy, Commander Navy Region Southwest, San Diego, California (Agency) and Fraternal Order of Police, Lodge 12 (Union)
Navy Region Southwest and FOP Lodge 12 (FLRA 0-AR-5377): Vest remedy upheld but fees vacated
Police officers at Naval Base Point Loma received body-armor vests that were damaged, expired, unclean, or ineffective. An arbitrator found that the Navy violated its agreement to provide adequate protective equipment, ordered replacement of any expired, damaged, or unfit vests, and awarded…
United States Department of the Navy, Commander Navy Region Southwest, Naval Air Weapons Station-China Lake (Agency) and International Association of Firefighters, Local F-32 (Union)
China Lake and IAFF Local F-32 (FLRA 0-AR-5321): Retroactive firefighter promotion vacated
A Navy police officer accepted a downgrade to become a firefighter, earned required certifications, and advanced from GS-3 to GS-4. The Navy denied an immediate GS-5 promotion because he lacked the required specialized experience, then promoted him several months later after more work and training…
United States Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency) and American Federation of Government Employees, Local 1770 (Union)
Womack Army Medical Center and AFGE Local 1770 (FLRA 0-AR-5295): Late exceptions dismissed
A radiological technologist sought retention incentives that Womack Army Medical Center had paid to other employees. The arbitrator's first award granted backpay for 2010 through 2014, and a second award corrected the recovery period to include 2015. The agency filed exceptions more than thirty…
Robert Thomas v. CalPortland Company
Retaliatory discharge found
Robert Thomas worked on CalPortland's Sanderling dredge and raised concerns about long hours, fatigue, and inadequate task training. After he spoke with an MSHA inspector about working without a flotation device, the company suspended him, circulated a draft termination recommendation, and later…
A.J. and U.S. Postal Service, Post Office
Wrist and thumb claim remanded for second opinion
A.J., a mail handler, claimed bilateral carpal tunnel syndrome and left thumb arthritis from years of hand intensive postal duties. Her physician linked the conditions to specific accepted tasks, but the explanation did not by itself establish the claim. The Board found that it warranted further…
D.G. and Department of the Treasury, Internal Revenue Service
Recurrence of total disability claim denied
D.G., an Internal Revenue Service employee, had accepted spinal conditions from a September 2005 injury. She claimed a recurrence of total disability beginning November 4, 2014. The Board found that the medical evidence did not sufficiently connect the claimed disability to the accepted conditions…
A.M. and U.S. Postal Service, Post Office
Reconsideration of wage loss claim denied
A.M., a rural carrier with accepted left foot and ankle conditions, had sought wage loss compensation. After OWCP denied it, she requested reconsideration. The Board found that her submission did not meet the requirements for reopening the merits of the claim. It affirmed OWCP’s denial of…
J.N. and U.S. Postal Service, Post Office
Shoulder fracture claim denied for lack of causation
J.N., a postal window clerk, reported tripping and falling while serving customers at work. Medical records diagnosed a right humeral fracture. The Board found that the medical evidence did not adequately explain how the accepted October 27, 2017 incident caused the fracture. It affirmed OWCP’s…
A.M. and Department of Veterans Affairs, Veterans Administration Medical Center
Assault related emotional claim remanded for fact finding
A.M., a human resources assistant, reported a sexual assault by a coworker at work and claimed an emotional condition. OWCP denied the claim without obtaining the available police report and witness statements. The Board found the factual investigation incomplete. It remanded for OWCP to obtain the…
P.C. and Department of Veterans Affairs, Veterans Health Administration
Upper extremity impairment claim remanded
P.C., a program support clerk, sought schedule award compensation for upper extremity impairment following accepted occupational conditions. The Board found that OWCP had used inconsistent methods to rate upper extremity impairment under the applicable medical guide. It set aside the decision and…
E.P. and U.S. Postal Service, Post Office
Shoulder impairment award remanded
E.P., a letter carrier, had an accepted right shoulder injury and a schedule award for 10 percent right upper extremity impairment. He sought a larger award. The Board found inconsistent use of impairment rating methods for upper extremities. It remanded for OWCP to assess the impairment using a…
National Federation of Federal Employees, Local 1450, International Association of Machinists and Aerospace Workers (Union) and United States Department of Housing and Urban Development, Seattle, Washington (Agency)
HUD Seattle and NFFE Local 1450 (FLRA 0-NG-3398): Appraisal-input proposal nonnegotiable
HUD planned new customer-service software and a regional customer-experience officer who would oversee its use. The union proposed barring that officer from giving any performance-appraisal input about employees who were not the officer's direct reports, including both regular customer-service…
Sims Crane v. Secretary of Labor
Imminent-danger order vacated
An MSHA inspector issued an imminent-danger order after seeing a Sims Crane driver walk across a crane fender about seven feet above the ground without fall protection. The Commission had reopened the late contest and remanded it for a decision on the merits. Judge Thomas P. McCarthy found that the…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.