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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
A.R. and Department of Defense, Defense Services, Naval Air Station Commissary
Back injury claim denied
A.R., a commissary store worker, reported back pain after lifting boxes at work. OWCP accepted the December 29, 2017 incident but denied the claim. The Board found that the chiropractic report did not qualify as competent medical evidence of spinal subluxation because it lacked x-ray support. It…
F.B. and U.S. Postal Service, Post Office
Shoulder impairment award remanded for complete rating
F.B., a mail carrier, received a schedule award for five percent impairment of his right upper extremity after a rotator cuff injury. The Board found that OWCP’s medical adviser had not adequately assessed both the allowed diagnosis based and range of motion rating methods. It set aside the award…
M.E. and U.S. Postal Service, Post Office
Termination for refusing offered work reversed
M.E., a postal employee with an accepted emotional condition, was offered a modified position and declined it. OWCP terminated his compensation for refusing suitable work. The Board found that the medical evidence did not establish that the offered duties and schedule were suitable for his accepted…
J.T. and U.S. Postal Service, Valley Village Post Office
Intermittent disability recurrence established
J.T., a postal employee, had an accepted injury from November 1999 and claimed intermittent disability during a later period. The Board found that the evidence established a recurrence of total disability linked to the accepted injury for the claimed dates. It reversed OWCP’s denial.
C.Y. and U.S. Postal Service, Post Office
Late reconsideration request denied
C.Y., a mail carrier, sought reconsideration of an OWCP decision on her right foot injury claim. OWCP received the request after the one year filing period. The Board found that the submission did not demonstrate clear evidence of error, the standard for late reconsideration. It affirmed the denial.
W.F. and Department of Transportation, Federal Aviation Administration
Emotional condition claim remanded after communications outage
W.F., an aviation systems specialist, reported an emotional reaction while investigating and repairing a major communications outage during his shift. OWCP denied his claim. The Board found that he was performing assigned duties during the emergency and that those duties constituted a compensable…
Spartan Diesel Technologies, LLC
In re Spartan Diesel Technologies, LLC (EAB CAA Appeal No. 18-(03)): Board declines sua sponte review
A Presiding Officer issued an Initial Decision and Order on Default against Spartan Diesel Technologies, LLC on October 30, 2018. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative and stated that the Initial Decision and Order on Default would…
H.W. and Department of Justice, Federal Bureau of Prisons
Wage capacity reconsideration denied
H.W., a Bureau of Prisons employee with accepted carpal tunnel syndrome, sought reconsideration of a wage earning capacity determination. The Board found that her submission did not satisfy the requirements for reopening the merits. It affirmed OWCP’s denial of reconsideration.
A.T. and U.S. Postal Service, Bulk Mail Center
Neck and arm condition claim denied
A.T., a parcel post machine operator, claimed cervical radiculopathy, carpal tunnel syndrome in both hands, and left cubital tunnel syndrome from repetitive work duties. OWCP accepted the described duties. The Board found that the medical evidence did not adequately connect the diagnosed conditions…
K.P. and Department of Agriculture, National Resource Conservation Service
Insect bite claim and reconsideration denied
K.P., a soil scientist, reported swelling after an insect bite or sting during field work. OWCP accepted the July 17, 2017 incident but denied the claim because the submitted report from a physician assistant did not establish a compensable medical condition. The Board also found that the…
F.B. and U.S. Postal Service, Post Office
Reconsideration of emotional claim denied
F.B., a letter carrier, claimed an emotional condition after reporting that she witnessed a coworker’s motor vehicle accident. OWCP denied the underlying claim, and she later requested reconsideration. The Board found that her submission did not meet the requirements to reopen the merits. It…
N.M. and U.S. Postal Service, Post Office
Total disability claim denied
N.M., a rural carrier, had an accepted injury from a 2013 postal vehicle collision. She claimed total disability from work beginning January 30, 2017. The Board found that the medical reports did not sufficiently establish that the accepted injury caused total disability from that date. It affirmed…
H.R. and U.S. Postal Service, Trenton Processing and Distribution Center
Additional lumbar conditions not accepted
H.R., a postal electronic technician, had an accepted aggravation of lumbar strain after a work incident. He sought to add other lumbar conditions to the accepted claim. The Board found the medical evidence insufficient to establish that the August 8, 2016 injury caused those additional conditions…
N.J. and U.S. Postal Service, Post Office
Overpayment recovery upheld
N.J., a rural carrier associate, continued receiving compensation at the augmented rate after her spouse no longer qualified as a dependent. OWCP found an overpayment of $2,141.43 and determined that she was at fault and ineligible for waiver. The Board upheld both findings and the $45.42 deduction…
C.C. and Department of Homeland Security, U.S. Customs and Border Protection
Knee and elbow condition claim denied
C.C., a customs and border protection officer, claimed right knee and bilateral elbow conditions from accepted work activities. The Board found that the medical reports did not adequately explain how those duties caused or aggravated the diagnosed conditions. It affirmed OWCP’s denial.
I.H. and U.S. Postal Service, Post Office
Modified clerk earnings used for wage capacity
I.H., a postal employee with work restrictions, worked as a modified bulk mail clerk. OWCP used her actual earnings in that position to determine wage earning capacity. The Board found that the job and earnings fairly and reasonably represented her earning capacity. It affirmed OWCP’s decision.
A.C. and U.S. Postal Service, Post Office
Continuation of pay claim timely filed
A.C., a city carrier, reported back and neck injuries from a work vehicle accident on March 12, 2018. OWCP denied continuation of pay as untimely. The Board found that her traumatic injury claim was submitted within the required 30 days. It set aside the denial and remanded for further proceedings.
G.C. and Department of Defense, National Security Agency
Social Security offset overpayment upheld
G.C., a National Security Agency employee, received federal workers’ compensation and Social Security benefits attributable in part to federal service. OWCP calculated an overpayment of $12,306.43 for March 1, 2013 through March 7, 2015. The Board upheld the amount and found that he was at fault…
J.B. and Department of Justice, U.S. Marshals Service
Wage capacity dispute remanded for impartial medical review
J.B., a former U.S. Marshal with accepted physical and emotional conditions, sought to modify a 2004 wage earning capacity determination. His treating physician and OWCP’s physician disagreed about whether the accepted conditions had worsened enough to prevent the constructed job. The Board found a…
R.W. and U.S. Postal Service, Post Office
Elbow condition claim denied
R.W., a city carrier, reported left elbow pain while working on January 16, 2018. OWCP accepted the incident but denied the claim. The Board found that the medical records, including a diagnosis of left elbow ulnar contusion, did not give a reasoned explanation of how the incident caused the…
R.P. and U.S. Postal Service, Post Office
Lumbar occupational disease claim denied
R.P., a city letter carrier, attributed lumbar spinal conditions to carrying a heavy mailbag and other work duties. OWCP accepted the described work factors. The Board found that the medical opinions did not adequately explain how those duties caused or aggravated the lumbar conditions. It affirmed…
B.H. and U.S. Postal Service, Post Office
Lumbar claim and reconsideration denied
B.H., a postal employee, claimed a lumbar injury from accepted work factors. The Board found that the medical evidence did not adequately connect the injury to those factors. It also found that OWCP properly declined to reopen the merits on reconsideration. It affirmed both decisions.
B.S. and Department of Veterans Affairs, Veterans Administration Medical Center
Leg injury claim remanded to combine related files
B.S., a vocational nurse, reported left knee, leg, and ankle symptoms after slipping on a wet floor at work. His physicians discussed this incident together with two earlier work injuries affecting the same area. The Board found that OWCP needed to combine the related claim files to decide…
F.C. and U.S. Postal Service, Post Office Bergen South
Disability recurrence and added lumbar conditions denied
F.C., a postal employee, had an accepted lumbar injury from April 2014. She claimed a recurrence of disability beginning September 3, 2016 and sought acceptance of additional lumbar conditions. The Board found that the medical evidence did not adequately establish either that the accepted injury…
A.B. and Department of Homeland Security, Customs and Border Protection
Workplace fall claim returned for medical review
A.B., a border patrol agent, fainted and fell at work. OWCP found insufficient evidence that the injury occurred in the performance of duty. The Board found that OWCP had not proved the fall was solely caused by a personal medical condition, and the evidence suggested employment conditions…
R.H. and U.S. Postal Service, Processing and Distribution Center
Left arm impairment claim remanded for medical review
R.H., a postal motor vehicle operator, sought a schedule award for left upper extremity impairment after a shoulder injury. He submitted a physician’s impairment rating, but OWCP did not route it to its medical adviser for the required assessment. The Board set aside the denial and remanded for…
Y.P. and Department of Veterans Affairs, Veterans Health Administration
Recurrence of disability claim denied
Y.P., a Veterans Health Administration employee, had an accepted injury from March 2014. She claimed a recurrence of disability on October 7, 2015 and attributed back problems to the accepted knee condition. The Board found that the medical evidence did not adequately link the claimed disability to…
American Federation of Government Employees, Local 466 (Union) and United States Department of Veterans Affairs, Medical Center, Asheville, North Carolina (Agency)
Asheville VA and AFGE Local 466 (FLRA 0-AR-5373): Official-time grievance untimely
AFGE requested official time for two stewards to attend safety training, but the Asheville VA said on May 4 and again on May 5 that it would approve only one employee. The second steward attended on annual leave, and the union filed a grievance on July 19. An arbitrator found the grievance untimely…
Tucson Electric Power
In re Tucson Electric Power (EAB PSD Appeal No. 18-02): NOx emissions cap found practically enforceable
The Department of Environmental Quality for Pima County, Arizona, issued a Prevention of Significant Deterioration permit allowing Tucson Electric Power to construct and operate up to ten additional generating units at its Irvington Generating Station. The Sierra Club argued that the permit's…
Matter of Castillo-Perez
Attorney General review and briefing ordered
The Acting Attorney General directed the Board of Immigration Appeals to refer a respondent's case for review. The order requested briefing on the standard for determining good moral character in a cancellation-of-removal application and on the effect of multiple driving-under-the-influence…
Matter of L-E-A-
Family-based persecution issue referred for review
The Acting Attorney General directed the Board of Immigration Appeals to refer a respondent's case for review. The order asked the parties and interested amici to brief whether an alien may establish persecution based on membership in a particular social group defined by a family unit. It also set…
B.P. and U.S. Postal Service, Post Office
Right knee occupational disease claim denied
B.P., a letter carrier, attributed right knee conditions to accepted work duties. The Board found that the treating medical reports did not adequately explain how those duties caused or aggravated the knee condition. It affirmed OWCP’s denial.
N.A. and U.S. Postal Service, Gardina Main Post Office
Reconsideration of injury claim denied
N.A., a postal employee with a previously accepted right shoulder and back claim, requested another merits review. The Board found that the submission did not establish a legal error, present a new relevant legal argument, or supply pertinent new evidence. It upheld OWCP’s refusal to reopen the…
M.J. and U.S. Postal Service, Post Office
Compensation terminated after suitable work refusal
M.J., a mail handler with accepted arm conditions, was offered a modified mail handler position. OWCP found the position suitable and terminated compensation when he refused it. The Board found that he was capable of performing the offered duties and upheld the termination.
F.P. and U.S. Postal Service, Vehicle Maintenance Facility
Reconsideration of continuation of pay claim denied
F.P., a postal tire repairman, reported a toe fracture after a tire fell on it at work. OWCP denied continuation of pay because the approved injury form was not filed within 30 days. He sought reconsideration, but the Board found that his submission did not justify reopening the merits of the…
A.D. and U.S. Postal Service, Post Office
Reconsideration of knee and hip claim denied
A.D., a letter carrier, claimed right knee and bilateral hip conditions from years of postal work. After OWCP denied the claim, he requested reconsideration. The Board found that the request did not present a new relevant legal argument or pertinent new evidence warranting merits review. It…
R.T. and U.S. Postal Service, Post Office
Heat and chest symptom claim denied
R.T., a letter carrier, reported chest pain and symptoms she described as heat stroke while delivering mail. OWCP accepted the September 5, 2015 incident but denied the claim. The Board found that the medical evidence did not adequately connect the diagnosed conditions to the incident. It affirmed…
M.M. and U.S. Postal Service, Post Office
Benefits termination and reconsideration denial upheld
M.M., a postal employee, received wage loss compensation and medical benefits for accepted conditions. OWCP terminated both effective June 25, 2015, relying on a second opinion physician who found the accepted conditions had resolved. The Board found that opinion carried the weight of the medical…
Secretary of Labor obo Justin Hickman v. Huber Carbonates, LLC
Privileged email ordered returned
During Justin Hickman's pending discrimination case, Huber Carbonates asked the Judge to protect an email containing legal advice that an employee had forwarded to an MSHA inspector. An in camera review had already found the email covered by attorney-client privilege. Judge Priscilla M. Rae held…
Secretary of Labor v. Martin Marietta Materials Southwest, Inc.
Four quarry citations resolved with mixed changes
MSHA cited Martin Marietta's Beckmann Quarry for muddy and obstructed work areas, delayed correction of conveyor spillage, and a damaged elevated catwalk. Judge David P. Simonton affirmed an S&S housekeeping citation for slippery mud at the primary crusher and assessed $2,919. He affirmed a…
C.H. and Department of the Interior, Bureau of Reclamation
Right leg impairment award remanded for impartial review
C.H., a Bureau of Reclamation employee, had accepted right knee and hip conditions and a schedule award for 28 percent right lower extremity impairment. He sought a larger award. The Board found an unresolved conflict between medical opinions about the extent of impairment. It remanded for an…
M.D. and Department of Veterans Affairs, Veterans Administration Medical Center
Additional leg award and record review denied
M.D., a medical center employee, sought more than the 10 percent left lower extremity impairment already awarded. The Board found that the evidence did not establish a greater rating. It also found her request for written record review was untimely. It affirmed both OWCP decisions.
P.A. and Department of Veterans Affairs, Veterans Administration Medical Center
Bilateral arm impairment claim remanded for medical assessment
P.A., a medical center employee, sought a schedule award for impairment of both upper extremities associated with accepted cervical conditions. His physician submitted an impairment report, but OWCP treated an incorrect injury date in that report as disqualifying. The Board found the date…
North Dakota Innovations, Inc.
Grain-elevator penalties reduced
North Dakota Innovations operated a five-employee flax grain elevator where OSHA found fall, machine-guarding, combustible-dust, electrical, confined-space, training, and maintenance-record violations. The company withdrew its contest to all seven serious and three other-than-serious violations…
C.G. and Department of Veterans Affairs, Veterans Administration Medical Center
Ankle, head, and neck claim denied
C.G., an ultrasound technician, reported a fall at work and claimed left ankle, head, and neck conditions. The Board found that the medical evidence did not adequately establish that the accepted November 7, 2016 incident caused those conditions. It affirmed OWCP’s denial.
K&E Builders, LLC
Contest dismissed by default
OSHA issued K&E Builders one serious citation with a proposed $3,880 penalty after inspecting a Texas construction worksite. The company filed a notice of contest but then failed to attend a pretrial conference, answer interrogatories, comply with a discovery order, respond to the Secretary’s…
W.H. and Department of Veterans Affairs, Veterans Health Administration
Oral hearing request deemed abandoned
W.H., a Veterans Health Administration nurse manager, requested an oral hearing on her claim. OWCP sent notice of the scheduled telephone hearing to her address of record. The Board found that the notice was proper and upheld OWCP’s determination that she abandoned the request.
R.H. and U.S. Postal Service, Post Office
Wage loss and medical benefits termination upheld
R.H., a mail carrier, received benefits for injuries from a 2002 work fall. OWCP terminated compensation and medical benefits after a second opinion physician found the accepted injury residuals had ended. The Board found that opinion well reasoned and based on an accurate factual record. It upheld…
J.D. Eckman, Inc
Highway traffic-control citations vacated
A motorist entered J.D. Eckman’s highway construction work zone and struck the company’s superintendent. OSHA cited the company for allegedly excessive spacing between traffic cones, failure to position a truck-mounted attenuator to protect workers, and an allegedly short transition taper. The…
M.J. and U.S. Postal Service, Post Office
Recurrence of disability claim denied
M.J., a postal clerk, had an accepted back injury from March 2008 and claimed a recurrence of disability beginning February 25, 2017. OWCP vacated an earlier wage earning capacity determination issued in error, then considered the recurrence claim. The Board found the medical evidence insufficient…
D.L. and Department of the Navy, Fleet Readiness Center
Carpal tunnel claim and reconsideration denied
D.L., a Navy employee, claimed carpal tunnel syndrome in both hands from accepted work duties. The Board found that the medical evidence did not adequately explain how those duties caused the condition. It also found that the reconsideration submission did not warrant reopening the merits. It…
S.D. and U.S. Postal Service, Post Office
Permanent impairment schedule award denied
S.D., a city carrier, had an accepted injury from a fall while delivering mail. She sought a schedule award for permanent impairment. The Board found that the submitted medical rating did not establish a ratable impairment of a scheduled member under the applicable guide. It affirmed OWCP’s denial.
L.H. and Department of the Army, Tank-Automotive and Armaments Command
Hearing loss schedule award denied
L.H., a retired Army equipment mechanic leader, claimed hearing loss from federal employment. OWCP reviewed otologic and audiologic test results. The Board found that the evidence did not establish hearing loss high enough to receive a schedule award under the applicable rating method. It affirmed…
T.N. and U.S. Postal Service, Processing and Distribution Center
Overpayment upheld; part of waiver issue remanded
T.N., a postal employee, received compensation payments after her entitlement ended. The Board upheld OWCP’s $2,919.61 overpayment calculation. It found she was not at fault for the first portion of the overpayment, so OWCP must consider waiver for those days. It found her at fault for the later…
J.F. and U.S. Postal Service, Post Office
Lumbar injury claim denied
J.F., a postal clerk, reported back pain and lumbar spasm after reaching across a counter at work. OWCP accepted the June 9, 2017 incident but denied the claim. The Board found that the medical evidence did not adequately connect a lumbar injury to the incident. It affirmed the denial.
J.M. and General Services Administration
Permanent impairment award denied
J.M., a General Services Administration employee, sought a schedule award for permanent impairment. The Board found that the submitted medical evidence did not establish ratable impairment of a scheduled body member or function. It affirmed OWCP’s denial.
T.L. and Department of Homeland Security, Transportation Security Administration
Benefits termination and residuals denial upheld
T.L., a Transportation Security Administration employee, had an accepted injury from October 2005 and received wage loss and medical benefits. OWCP terminated benefits effective May 3, 2015 based on a second opinion physician’s finding that the accepted residuals had ended. The Board found that the…
R.P. and U.S. Postal Service, Post Office
Right wrist occupational disease claim denied
R.P., a postal employee, attributed a right wrist lump and related condition to repetitive work duties. OWCP accepted the described duties. The Board found that the medical evidence did not adequately explain how those duties caused or aggravated the diagnosed condition. It affirmed the denial.
A.C. and U.S. Postal Service, Post Office
Lupus claim reopened for merits review
A.C., a rural carrier associate, claimed that postal duties aggravated a lupus related condition. She submitted a new physician report with her reconsideration request. The Board found that the report was relevant evidence OWCP had not previously considered. It set aside the refusal to reopen and…
H.O. and U.S. Postal Service, Post Office
Shoulder occupational disease claim denied
H.O., a letter carrier, claimed severe pain in both shoulders from his work. He did not describe the specific job activities he believed caused the condition or how long he performed them. The Board found the factual part of the claim unproved and affirmed OWCP’s denial.
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.