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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B.A. and Department of Health and Human Services, National Institutes of Health
Upper extremity impairment claim remanded
B.A., a National Institutes of Health employee, sought a schedule award for permanent impairment of a scheduled body member. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside the decision and remanded for a uniform assessment.
C.M. and U.S. Courts, Office of the Federal Public Defender
Health insurance premium dispute remanded
C.M., a federal public defender office employee, sought reimbursement of health benefits insurance premiums deducted for February 9, 2014 through May 4, 2015. An earlier Board remand had required OWCP to explain its treatment of the claim. The Board found that OWCP’s new decision still did not…
S.W. and U.S. Postal Service, Morgan Processing and Distribution Center
Suitable work refusal termination reversed
S.W., a postal mail handler, was offered a modified processing clerk position and declined it. OWCP terminated compensation for refusal of suitable work. The Board found that OWCP had not obtained a reasoned medical opinion showing the specific job fit her restrictions. It reversed the termination.
J.R. and U.S. Postal Service, Post Office
Elbow and knee occupational disease claim denied
J.R., a postal automation clerk, attributed her elbow condition to repetitive reaching and lifting, and her knee pain to standing and walking on hard surfaces. OWCP accepted the described duties but denied the claim. The Board found the medical reports did not adequately explain how the duties…
D.M. and Department of Justice, Fort Dix Federal Correctional Institution
Continuing disability and residuals denied
D.M., a correctional officer, previously had her compensation terminated after an accepted work injury. She claimed continuing work related disability or residuals after May 15, 2013. The Board found that the medical evidence did not establish continuing effects from the accepted injury during that…
A.C. and U.S. Postal Service, Post Office
Emotional condition claim denied
A.C., a postal clerk, attributed an emotional condition to personnel actions and alleged harassment at work. The Board found that the record did not establish an error, abuse, or compensable harassment in the administrative matters she described. It held that she had not established a compensable…
Excel Modular Scaffold & Leasing Company dba Excel Scaffold & Leasing
Skiff violation affirmed, anchorage item vacated
Excel employees erected hanging scaffolds a few inches above Galveston Bay, and one employee drowned after a scaffold component collapsed and pulled him underwater. The company stipulated that it lacked an immediately available lifesaving skiff, and the judge held that the violation was serious…
R.H. and Department of Defense, Clear Air Force Station
Occupational disease claim found timely
R.H., a Defense Department employee, filed an occupational disease claim after exposure to the work factors identified in the claim. OWCP rejected the claim as untimely. The Board found the employer had received the claim on February 3, 2015, three days before the filing deadline, and therefore…
United States Department of Labor (Agency) and American Federation of Government Employees, Local 12, AFL-CIO (Union/Petitioner)
Department of Labor and AFGE Local 12 (FLRA WA-RP-16-0027): Confidential-employee reconsideration denied
AFGE petitioned to add two Department of Labor employees to its bargaining unit, and a regional director found that they were not confidential employees. After the Authority granted the agency's application for review, the union tried to withdraw its petition. The Authority denied withdrawal and…
United States Department of Veterans Affairs, Kansas City VA Medical Center, Kansas City, Missouri (Agency) and American Federation of Government Employees, AFL-CIO (Petitioner/Union)
Kansas City VA and AFGE (FLRA CH-RP-16-0024): Staffing-assistant reconsideration denied
AFGE asked a regional director to add seven staffing assistants to its Kansas City VA bargaining unit, and the director agreed. After the Authority granted the agency's request for review, the union tried to withdraw its original petition. The Authority denied withdrawal and excluded the assistants…
M.B. and Federal Judiciary, U.S. District Court
Back injury claim denied
M.B., a federal probation officer, reported a lower back injury while practicing defensive tactics at work. OWCP accepted the April 13, 2016 incident but denied the claim. The Board found that the physician’s report did not adequately explain how the incident caused the diagnosed back condition. It…
P.H. and U.S. Postal Service, Post Office
Shoulder claim reconsideration denied
P.H., a letter carrier, claimed a right shoulder injury after reacting to a wasp at a mailbox. OWCP denied the underlying claim, and he requested reconsideration. The Board found that his submission did not meet the requirements to reopen the merits. It affirmed OWCP’s refusal to reconsider.
G.R. and U.S. Postal Service, Post Office
Emotional condition claim denied
G.R., a city letter carrier, claimed an emotional condition after an incident with a supervisor at work. OWCP denied the claim. The Board found that the evidence did not establish a compensable employment factor from the alleged interaction. It affirmed the denial.
B.H. and Department of Homeland Security, Customs and Border Patrol
Reconsideration request denied
B.H., a customs officer, had an underlying claim involving an injury during work drills. He requested reconsideration without providing supporting evidence or argument. The Board found that the request did not meet any requirement for reopening the merits. It affirmed OWCP’s denial.
M.S. and U.S. Postal Service, Network Distribution Center
Disability recurrence claim denied
M.S., a postal employee with accepted work conditions, claimed a recurrence of disability beginning March 18, 2015. The Board found that the medical evidence did not establish that those accepted conditions caused the later disability. It affirmed OWCP’s denial.
B.Y. and Department of Justice, U.S. Marshals Service
Knee claim remanded for specialist opinion
B.Y., a Deputy U.S. Marshal, reported a knee injury after stepping off a curb during an operation. Her physician’s opinion suggested the accepted December 21, 2015 incident caused or aggravated the left knee condition, but it did not fully establish the claim. The Board found that the opinion…
Association of Civilian Technicians, Kentucky Long Rifle Chapter and Bluegrass Chapter (Union) and United States Department of Defense, Kentucky National Guard, Frankfort, Kentucky (Agency)
Kentucky National Guard and ACT chapters (FLRA 0-NG-3396): Uniform proposal nonnegotiable
The Kentucky National Guard and two civilian-technician union chapters tentatively agreed that technicians could choose to wear certain unit or military undershirts and hats while performing civilian duties. Their ground rules required both union-member ratification and Adjutant General approval…
D.H. and Department of Veterans Affairs, Biloxi Veterans Administration Medical Center
Intermittent disability claim denied
D.H., an occupational therapist, injured her back while assisting a patient at work. OWCP accepted a low back strain, but she later claimed intermittent disability beginning in January 2017. The Board found that the medical reports did not adequately link those periods of disability to the accepted…
J.S. and Department of the Treasury, Internal Revenue Service
Thumb arthritis claim denied
J.S., an IRS customer service representative, sought to add osteoarthritis of her right thumb joint to her work injury claim. She attributed it to keyboarding and other repetitive hand tasks. The Board found that the physicians did not adequately explain how those duties caused or aggravated the…
J.B. and Department of Homeland Security, Immigration and Customs Enforcement
Hearing loss not ratable for award
J.B., a criminal investigator, had accepted work-related hearing loss after years of noise exposure. He sought a schedule award. The Board found that the physician-certified testing produced no ratable hearing impairment under the applicable method. Tinnitus could not support an additional award…
E.T. and U.S. Postal Service, Post Office
Leg injury claim denied
E.T., a letter carrier, twisted his left leg while delivering mail. OWCP accepted that the incident occurred but denied the injury claim. The Board found that a physician assistant's report was not competent medical evidence under FECA, and the surgeon did not explain how the incident caused the…
P.L. and U.S. Postal Service, Post Office
Late reconsideration request denied
P.L., a postal carrier, sought reconsideration of a disability compensation denial. Her request came more than one year after the last merit decision. The Board found that the evidence accompanying the late request did not show clear error in OWCP’s denial. It affirmed the refusal to reopen the…
C.C. and Department of Agriculture, Natural Resources Conservation Service
Termination of injury benefits upheld
C.C., a water quality liaison, sustained an accepted cervical sprain in a work-related vehicle accident. OWCP later ended her wage-loss and medical benefits. The Board credited a referral physician's examination and reasoned opinion that the accepted sprain had resolved. It found OWCP had met its…
Matter of Sothon SONG
K-1 visa holder needed petitioner's support affidavit after divorce
The Board reviewed a Cambodian citizen's application for adjustment of status after she entered the United States on a K-1 fiancée visa, married the petitioner, and later divorced. The petitioner withdrew his affidavit of support before the application was adjudicated, and the Immigration Judge…
B.L. and U.S. Postal Service, Post Office
Emotional condition claim denied
B.L., a postal nurse, reported an emotional condition after a disagreement with a coworker and a manager about medical work restrictions. The Board found that the evidence showed they spoke loudly, but did not establish threatening or abusive conduct that qualified as a covered employment factor…
V.T. and U.S. Postal Service, Post Office
Thumb condition claim denied
V.T., a letter carrier, attributed left thumb arthritis and de Quervain’s tenosynovitis to decades of carrying and sorting mail. The Board accepted the work activities but found that his physician's reports did not adequately explain how those activities caused or aggravated the diagnosed…
R.H. and Department of Homeland Security, Customs and Border Patrol
Mold exposure claim denied
R.H., a federal supervisor, reported symptoms she attributed to mold at work. The Board found that she did not describe where or how long she was exposed, so the factual part of the injury claim was unproven. Her reconsideration materials did not address that missing exposure evidence. It affirmed…
K.F. and Department of Justice, Federal Correctional Institution
Telephone hearing request abandoned
K.F., a federal correctional institution case manager, requested a telephone hearing after an injury claim decision. OWCP mailed notice to her address of record, but she did not call in, request postponement, or explain her absence within the allowed period. The Board applied the presumption that…
J.W. and U.S. Postal Service, Post Office
Reconsideration request denied
J.W., a city carrier assistant, sought reconsideration of a denied right leg injury claim. Counsel referred to new medical evidence but did not submit it, and the submitted physical therapy notes were not physician evidence on causation. The Board found no qualifying legal argument or relevant new…
G.B. and Department of the Navy, Naval Facilities Engineering Command
Elbow impairment rating remanded
G.B., a Navy engineering equipment operator, sought a larger schedule award for his right upper extremity. The Board found that the medical adviser had not compared the permitted range of motion and diagnosis-based methods for rating his elbow impairment. OWCP also had not adequately explained…
United States Department of Defense, Defense Logistics Agency, Disposition Services, Battle Creek, Michigan (Agency) and American Federation of Government Employees, Local 1626 (Union)
DLA Disposition Services and AFGE Local 1626 (FLRA 0-AR-5371): Telework arbitration request timely
A Defense Logistics Agency employee asked to return from three to four telework days per week, and the union grieved the denial. A March 31 response dismissed the grievance on the ground that the earlier supervisors lacked authority but simultaneously forwarded the telework request for a proper…
B.B. and U.S. Postal Service, Post Office
Telephone hearing request abandoned
B.B., a postal lead sales service associate, requested a telephone hearing after her occupational disease claim was denied. OWCP gave advance written notice, but she did not join the scheduled call or explain her absence in writing within ten days. She later said she had called at Pacific time…
A.P. and U.S. Postal Service, Los Angeles Processing and Distribution Center
Injury outside work duties denied
A.P., a postal custodian, was struck by a truck while standing near a loading bay after leaving the building to make a personal telephone call. The Board found that she had used an unauthorized exit and was in an unauthorized area for a personal purpose. It held that the incident was outside the…
V.T. and U.S. Postal Service, Post Office
Knee condition claim denied
V.T., a letter carrier, attributed a right knee condition to his work activities. The Board found that his physician described the duties only generally and did not explain how they caused or aggravated the diagnosed conditions. The physician also did not link the right knee condition to an earlier…
C.W. and U.S. Postal Service, Processing and Distribution Center
Lumbar condition claim denied
C.W., a postal mail handler, attributed lumbar conditions to her work duties. Some medical reports gave no opinion about causation, and another said the duties likely contributed without explaining the mechanism or addressing degeneration. The Board found that evidence insufficient to establish the…
C.B. and U.S. Postal Service, Post Office
Back disability recurrence denied
C.B., a postal mail handler, had an accepted low back sprain after lifting a mail sack. She later sought compensation for a recurrence of disability and expansion of the claim to other lumbar conditions. The Board found insufficient medical evidence linking the later disability to the accepted…
D.L. and Department of State, Chicago Passport Office
Consequential knee injury remanded
D.L., a passport specialist, claimed that her accepted right knee injury led to a left knee condition. OWCP relied on an impartial examiner to deny the claim. The Board found that the examiner disregarded an accepted right knee diagnosis and did not adequately explain why compensating with the left…
U.S. Agency for Global Media (Agency) and American Federation of Government Employees, Local 1812 (Union)
U.S. Agency for Global Media and AFGE Local 1812 (FLRA 0-AR-5367, 0-AR-5390): Overpayment-waiver awards vacated
A 2011 arbitration award required reinstatement and make-whole relief after an improper reduction in force, and the arbitrator retained jurisdiction over remedy implementation. The agency completed reinstatement and backpay by 2016 but mistakenly overpaid six employees and later denied their…
Secretary of Labor v. Performance Contracting, Inc.
Housekeeping citation vacated and backup alarm affirmed
Performance Contracting supplied scaffolding services at the Permanente Cement Plant Quarry. Judge David P. Simonton vacated a housekeeping citation because the Secretary did not prove that the contractor created or used a refractory-material pile that another contractor had generated and taped…
Anadarko Uintah Midstream, LLC
In re Anadarko Uintah Midstream, LLC (EAB NSR Appeal No. 18-01): Air-quality-impact analysis not required
EPA Region 8 issued six synthetic minor New Source Review permits for natural-gas compression facilities operated by Anadarko Uintah Midstream, LLC, within the Uintah and Ouray Indian Reservation in Utah. The permits incorporated emissions controls and operational requirements from a 2008 federal…
A.M. and U.S. Postal Service, Post Office
Shoulder and elbow injury claim denied
A.M., a postal mail processing clerk, reported shoulder and elbow symptoms after an accepted workplace incident. The only causation opinion came from a chiropractor who had not diagnosed an x-ray demonstrated spinal subluxation. The Board held that his report was not competent physician evidence…
C.A. and Department of Defense, Defense Intelligence Agency
Emotional condition claim denied
C.A., a counterintelligence officer, attributed an emotional condition to overseas deployments and the revocation of his security clearance. The Board accepted the deployments as work factors but found no competent physician evidence linking them to a condition. It also found no evidence that the…
G.R. and Department of the Army, U.S. Army Medical Command
Knee award affirmed in part and remanded
G.R., an Army medical support assistant, sought a larger award for right leg impairment and recognition of a consequential left knee condition. The Board found no basis for an award above the 13 percent already granted. It found that OWCP had not adequately explained its left knee ruling. It…
C.M. and U.S. Postal Service, Red Rock Vista Post Office
Wage-loss reduction upheld
C.M., a postal mail carrier, could not return to her former job after accepted knee and ankle injuries. She worked full time as a private-sector file clerk after vocational rehabilitation. The Board found that her actual earnings fairly represented her wage-earning capacity, even though she was…
D.W. and National Archives and Records Administration
Disability claim denied
D.W., an archives technician, sought wage-loss compensation after an accepted work injury. The Board found that his medical reports did not explain why the accepted conditions prevented work on the claimed dates. It also credited a referral physician's finding that the injury had resolved. It…
F.C. and U.S. Postal Service, Westside Station
Emotional condition claim denied
F.C., a postal city carrier, attributed an emotional condition to management actions, including assignments and an injury claim dispute. The Board found no evidence of error or abuse that would make those personnel matters covered employment factors. Her reconsideration submission did not address…
Black Tie Moving Services, LLC
Incomplete settlement remanded
An administrative law judge approved the parties’ settlement, but they later discovered that the agreement inadvertently omitted one of the two citations identified in the complaint. The Secretary filed an unopposed motion to submit an amended settlement covering the missing citation. The…
Cassandra Motton v. Huntington Ingalls Industries, Incorporated
Cassandra Motton v. Huntington Ingalls (BRB 18-0148): shipyard drawing clerk excluded from Longshore Act
Cassandra Motton, a drawing clerk at Huntington Ingalls, claimed benefits for knee injuries she alleged occurred at work. Her job involved retrieving shipbuilding drawings, checking their revisions, and checking documents in and out for trade workers. An administrative law judge found that she…
C.H. and U.S. Postal Service, Post Office
Federal benefit overpayment upheld
C.H., a postal mail processing clerk, received FECA compensation while also receiving federal retirement benefits. The Board found an overpayment and held her at fault, so recovery could not be waived. It corrected a ten-cent calculation error in the amount, from $222,371.35 to $222,371.45. It…
D.M. and U.S. Postal Service, Processing and Distribution Center
Disability denial upheld; reconsideration order void
D.M., a postal employee, sought compensation for disability related to an accepted right elbow injury. The Board found that her medical evidence did not establish total disability for the claimed 2016 period. It also found that OWCP acted on the wrong decision when addressing a separate…
J.W. and U.S. Postal Service, Mid-Island Postal and Delivery Center
Late reconsideration request denied
J.W., a postal mail handler, sought reconsideration of an injury claim denial. OWCP received the request after the one-year period. The Board found that the new material did not clearly show error in the prior merits decision. It affirmed the refusal to reopen the claim.
R.C. and Department of Justice, Bureau of Prisons, Federal Correctional Institution Elkton
Carpal tunnel claim denied
R.C., a federal prison employee, attributed bilateral carpal tunnel syndrome to repetitive work. The Board found that one physician gave no reasoned link to the work factors and another changed his causation opinion without explaining why. It affirmed the denial.
G.H. and U.S. Postal Service, Post Office
Injury benefits termination upheld
G.H., a postal employee, had accepted lower back conditions from a work injury. OWCP ended his wage-loss and medical benefits after an impartial medical examination. The Board gave that opinion special weight and found no sufficient proof of continuing injury-related disability or residuals. It…
C.M. and Department of Homeland Security, Transportation Security Administration
Emotional condition ruling has conflicting directions
C.M., a TSA officer, claimed an emotional condition after her removal from employment. The Board found that administrative findings of error in her removal established a compensable employment factor. Its analysis directed OWCP to assess the medical evidence and issue a new decision, yet the final…
L.S. and U.S. Postal Service, Post Office
Reconsideration request denied
L.S., a postal supervisor, requested reconsideration after OWCP denied her injury claim. The underlying issue was whether she was performing covered work duties when the incident happened. The Board found that her added medical records did not address that issue and that she offered no qualifying…
V.L. and U.S. Postal Service, Post Office
Arm impairment rating remanded
V.L., a postal mail carrier, sought a larger award for left arm impairment. The Board found that OWCP had relied on Dr. Elkins’s rating without referring his and earlier reports to a medical adviser for comparison of the range of motion and diagnosis-based methods. It set aside OWCP’s decision and…
K.P. and U.S. Postal Service, Post Office
Larger knee award denied
K.P., a postal rural carrier associate, sought a larger schedule award for an accepted right knee injury. Her physician rated the leg at 26 percent, but the Board found that rating unsupported by the required imaging findings. It credited OWCP’s medical adviser, who rated the impairment at five…
R.B. and Department of the Army, Army Corps of Engineers
Hearing loss claim denied
R.B., a retired Army Corps engineer equipment operator, attributed hearing loss to workplace noise. The Board credited a physician's reasoned opinion that the diagnosed loss was not caused by that exposure. It found the contrary medical report speculative and insufficiently grounded in the timing…
J.R. and U.S. Postal Service, Post Office
Shoulder surgery request denied
J.R., a postal employee with several accepted upper body conditions, sought authorization for right shoulder surgery. The Board found that the medical evidence did not establish that the proposed surgery treated a condition caused by an accepted work injury. It held that OWCP had not abused its…
M.R. and Department of the Army, Reserves Command
Emotional condition claim denied
M.R., a civilian Army Reserve technician who also served in the military, attributed an emotional condition to a military mental health review and workplace treatment. The Board held that events during active military service were outside FECA. It also found no established error or abuse in 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.