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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J.I. and U.S. Postal Service, Arlington Station, Baltimore, MD
Carpal tunnel claim lacked a reasoned work connection
J.I., a letter carrier, claimed that repeated duties caused left carpal tunnel syndrome. The Board found that one physician described a possible mechanism but did not connect specific duties to the diagnosed condition and used speculative language. Another physician diagnosed the condition but gave…
M.S. and Department of Homeland Security, Immigration & Customs Enforcement, Newark, NJ
Disability recurrence remanded to examine medication restrictions
M.S. sought compensation for a recurrence of disability related to accepted work injuries. Her employer removed her from duty because prescribed medications were incompatible with the armed duties of her position. The Board held that the record did not establish whether the accepted conditions…
P.D. and U.S. Postal Service, Post Office, Lake Charles, LA
Occupational disease claim lacked medical causation
P.D., a city carrier, attributed cervical, lumbar, and right shoulder conditions to repeated mail-delivery duties. OWCP accepted that she performed the work duties and had diagnosed conditions. The Board found that her physicians either gave no causation opinion or did not explain how the duties…
Harold Notah v. GCC Rio Grande, Inc.
Retaliatory discharge found and relief deferred
Electrician Harold Notah reported a hazardous cable splice to MSHA after GCC management failed to correct it, and inspectors issued citations the same day. GCC had disciplined Notah only twice in nearly two years, but issued eight disciplinary actions in the ten months before his termination…
R.D. and U.S. Postal Service, Post Office, Indianapolis, IN
Late schedule-award reconsideration failed clear-error review
R.D. sought reconsideration of a June 3, 2016 schedule-award denial. His request arrived June 7, 2017, after the one-year deadline as extended to the next business day. The Board found that his new material did not clearly demonstrate error in OWCP’s prior ruling. It affirmed OWCP’s August 31, 2017…
D.M. and U.S. Postal Service, Post Office, Coppell, TX
Benefits termination reversed because medical report was stale
OWCP terminated D.M.’s compensation for refusing a modified job it deemed suitable. The Board found that OWCP had relied on a physician’s April 2016 work-capacity report that was mislabeled as a March 2017 report. The older evaluation was not reasonably current for the March 2017 job offer or July…
R.B. and U.S. Postal Service, Customer Care Center, Edison, NJ
Postal carpal tunnel claim lacked causal explanation
R.B. attributed bilateral carpal tunnel syndrome to years of postal work that included sorting mail and computer entry; her call-center work began later. Her physician eventually confirmed the diagnosis but did not explain how the specific accepted duties caused or aggravated it. The Board found…
B.K. and Department of the Navy, Naval Facilities Engineering Command, Honolulu, HI
Intermittent disability and reconsideration denials affirmed
B.K. sought compensation for intermittent disability beginning October 24, 2016 following accepted right knee and shoulder conditions. The Board found that his medical reports did not explain why those accepted conditions prevented work on the claimed dates. It also held that his reconsideration…
M.E. and Department of Homeland Security, Customs & Border Patrol, Bisbee, AZ
Knee dislocation was not linked to work incident
M.E., an auto mechanic, claimed a left knee condition after an accepted February 1, 2017 work incident. The Board accepted that the incident occurred but found that the medical reports did not adequately explain how it caused the diagnosed patellar dislocation. It affirmed OWCP’s October 11, 2017…
C.Y. and Department of Veterans Affairs, Salt Lake City HCS, Salt Lake City, UT
Overpayment fault split; waiver question remanded
C.Y. continued receiving disability compensation after returning to private-sector work, creating a $10,985 overpayment. The Board affirmed OWCP’s finding that he abandoned a prerecoupment hearing and upheld the overpayment amount. It found him without fault for the first payment period, September…
K.C. and U.S. Postal Service, Post Office, Bedford Park, IL
Pain-syndrome claim remanded after flawed impartial opinion
K.C. sought to add complex regional pain syndrome to a claim that already included left tarsal tunnel syndrome, left plantar fibromatosis, and lumbar sprain. Her treating physicians and OWCP’s medical adviser disagreed about the diagnosis. The impartial examiner disregarded the accepted work…
E.P. and U.S. Postal Service, Postal & Distribution Center, Hamilton, NJ
Shoulder condition was not linked to repeated mail work
E.P., a mail processing clerk, attributed right shoulder conditions to repeatedly pitching mail and doing dispatch work. OWCP accepted those duties as work factors. The Board found that her doctor identified diagnoses but did not explain how the particular movements caused or aggravated them. It…
Secretary of Labor v. Original Sixteen to One Mine, Inc.
Eight violations affirmed and penalties cut to $1,062
MSHA issued eight citations at the underground gold mine involving self-rescuers, an overdue compressor inspection, damp and expired detonators, ladder handholds, an uncovered manway, and fire-retardant treatment of portal timber. Judge William B. Moran affirmed every violation and upheld the S&S…
Penneco Environmental Solutions, LLC
In re Penneco Environmental Solutions, LLC (EAB UIC Appeal No. 18-02): Seismicity challenge to brine well permit denied
EPA Region 3 issued a Class II Underground Injection Control permit authorizing Penneco Environmental Solutions, LLC to use the Sedat #3A well in Pennsylvania to dispose of brine from oil and natural-gas production. The Borough of Plum argued that injection could increase seismic activity, threaten…
L.S. and Department of Veterans Affairs, Central Alabama Healthcare System, Montgomery, AL
Late reconsideration request did not show clear error
L.S. requested reconsideration of a traumatic injury claim denial. OWCP received the request in August 2016, more than one year after the last merit decision in April 2014. The Board found that the submitted evidence did not raise a substantial question about the correctness of the earlier…
G.R. and U.S. Postal Service, Post Office, Kansas City, MO
Lumbar claim expansion denied for lack of causation rationale
G.R. sought to add degenerative lumbar conditions, radiculopathy, and sciatica to an accepted June 18, 2014 injury claim. His physician said that lifting a trailer door aggravated his spine conditions but did not adequately explain how that movement caused the claimed aggravation. The Board held…
D.H. and U.S. Postal Service, Post Office, East Hampton, NY
Leg conditions were not linked to work incident
D.H. claimed bilateral lower extremity conditions after an accepted June 27, 2015 incident while exiting a mail truck. The Board found that her physicians diagnosed ankle, hip, and related conditions but did not explain how the incident caused or aggravated them. Her earlier leg and hip history…
G.N. and Department of Homeland Security, Customs & Border Patrol, Columbus, NM
Lumbar injury claim lacked reasoned medical causation
G.N. claimed a lower back injury from an accepted June 30, 2017 work incident. One emergency-room report noted a muscle strain but did not explain its work connection. Other reports gave only symptoms or diagnosed disc and nerve conditions without an opinion on their cause. The Board affirmed…
M.D. and Department of the Army, Joint Munitions & Lethality Command, Chambersburg, PA
Hand and arm claim lacked a firm medical diagnosis
M.D., an ordnance equipment mechanic, attributed hand and arm symptoms to his work duties. The Board found that the submitted reports described pain or numbness, or offered only probable diagnoses of carpal tunnel syndrome or ulnar neuritis. A checked causation box gave no medical explanation. It…
D.F. and Department of Transportation, Federal Aviation Administration, Fort Myers, FL
Disability appeal remanded because OWCP omitted ordered development
D.F. appealed OWCP’s refusal to reconsider a disability claim. An earlier hearing representative had directed OWCP to obtain a current job description and compare its physical demands with D.F.’s restrictions, but OWCP did not fully comply before issuing its merit decision. The Board found that the…
J.G. and U.S. Postal Service, Post Office, Norfolk, VA
Workplace altercation claim remanded to review union duty
J.G. claimed an injury from a physical altercation with a coworker while discussing a union grievance at work. OWCP treated the dispute as personal and denied the claim as outside the performance of duty. The Board found that the record did not support treating it as imported from a personal…
B.P. and Department of the Navy, Naval Facility SE, Panama City, FL
Recurrence claim remanded for light-duty work findings
B.P. sought compensation after his employer directed him back to carpentry work and stopped offering light-duty assignments in December 2015. OWCP denied a recurrence of disability. The Board found the record unclear about which light-duty jobs he had held, whether one remained available, and…
American Federation of Government Employees, Local 2002 (Union) and United States Department of Homeland Security, Federal Law Enforcement Training Centers, Glynco, Georgia (Agency)
FLETC and AFGE Local 2002 (FLRA 0-AR-5199): Fee reduction to $46,900 upheld
After an agency rescinded an employee's removal, it imposed a fourteen-day suspension for the same alleged misconduct. An arbitrator set aside the suspension and awarded backpay, and a prior Authority decision allowed the union to submit a proper fee petition. The union then requested $202,775.50…
M.M. and U.S. Postal Service, Post Office, Tucson, AZ
Leg injury claim rejected over conflicting incident accounts
M.M. claimed a left leg injury at work on July 17, 2017. Her claim form said a large box fell on her leg, while treatment histories described other events involving heavy boxes. The Board found that these inconsistent accounts left the alleged work incident unproven. It affirmed OWCP’s September 8…
D.B. and Department of Veterans Affairs, Loma Linda Healthcare System, Loma Linda, CA
Table incident established; physical and emotional claims remanded
D.B. claimed a chest injury and emotional stress after a coworker struck a table that moved toward her in a breakroom. OWCP rejected her account of the incident. The Board found that the table moved and struck her chest, while rejecting her claim that it moved far enough to push her into lockers…
L.B. and U.S. Postal Service, Post Office, Lawton, OK
Shoulder claim lacked a specific account of work duties
L.B. claimed a left shoulder condition from postal work. OWCP asked him to identify the particular job activities he believed caused the condition and how long he performed them. The Board found that he did not provide those details, so the claimed occupational exposure was not established. It…
D.M. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY
Compensation and medical-benefit termination affirmed
OWCP terminated D.M.’s wage-loss compensation and medical benefits effective March 20, 2017. The Board found that the impartial medical specialist’s opinion supported ending benefits for the accepted conditions. A later report from her treating physician did not provide enough new objective…
W.L. and Department of Veterans Affairs, Veterans Administration Medical Center, West Palm Beach, FL
Claim expansion remanded for ulnar-nerve clarification
W.L. sought to add cervical and right-arm conditions to a claim for accepted elbow and pectoral injuries. The Board found that much of the submitted medical evidence did not adequately establish the proposed additions. OWCP’s referral physician, however, described a possible consequential…
V.L. and Department of Justice, Bureau of Prisons, Brooklyn, NY
Late reconsideration denial reversed for clear error
V.L. sought reconsideration of a denied traumatic injury claim after the one-year deadline. She supplied a work schedule showing that she was on duty when the alleged April 2014 injury occurred and explained other discrepancies OWCP had relied on. The Board found that this evidence raised a…
Matter of Agustin VALENZUELA GALLARDO
Accessory to a felony qualified as obstruction of justice
The Board reconsidered the removability of a Mexican lawful permanent resident who had been convicted in California of being an accessory to a felony and sentenced to 16 months in prison. The Board clarified that an aggravated-felony offense relating to obstruction of justice includes a crime…
O’Harra’s Complete Plumbing Service, LLC
Settlement approval set aside for late-contest review
A judge approved an informal settlement between OSHA and O’Harra’s Complete Plumbing Service. Before the judge approved the agreement, O’Harra’s sent a letter claiming that it had no employees and had felt pressured to sign it. The Commission treated the letter as both a late notice of contest and…
S.O. and Department of Justice, Federal Prisons Industries, Washington, DC
Lunch-hour sidewalk fall was outside work duty
S.O. claimed shoulder, hand, and knee injuries after falling while stepping from a sidewalk into the street during lunch. The Board found that she was off the employing establishment’s premises and that the employer did not own or control the sidewalk. The record did not show a work-related…
B.J. and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL
Emotional condition claim remained closed on reconsideration
B.J. sought reconsideration of an emotional condition claim and alleged wrongdoing over authorization of overtime work. Her timely request included emails about overtime approval. The Board found that the submissions did not show a legal error, provide a new relevant argument, or supply pertinent…
J.W. and U.S. Postal Service, Post Office, Dallas, TX
Foot and ankle claim remanded for second medical opinion
J.W. attributed left foot and ankle conditions to years of pushing heavy mail containers and standing at work. Her doctor described the duties, diagnosed several conditions, and explained a possible injury mechanism. The Board found that the reports did not prove causation but raised an…
M.C. and U.S. Postal Service, Morgan Station, Brooklyn, NY
Shoulder impairment rating remanded for required measurements
M.C. sought a schedule award above six percent permanent impairment of his right upper extremity. OWCP’s medical adviser calculated an impairment rating using shoulder range-of-motion figures from an examination conducted before FECA Bulletin No. 17-06 took effect. The Board found that OWCP had not…
E.P. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
Late recurrence reconsideration lacked clear error
E.P. requested reconsideration in December 2017 of a March 1991 merit decision denying a recurrence of disability. The Board found the request untimely. His arguments repeated his disagreement with the earlier ruling and were not supported by new evidence showing clear error or medical evidence of…
S.G. and Department of the Interior, Fish & Wildlife Service, Atlanta, GA
Shoulder claim lacked a reasoned causal opinion
S.G. claimed right shoulder conditions following an accepted June 14, 2015 work incident. His physician diagnosed a rotator cuff tear and impingement, but gave no reasoned explanation of how the incident caused or aggravated them. The Board noted his preexisting shoulder injury, which made a…
M.B. and U.S. Postal Service, Processing & Distribution Center, Atlanta, GA
Knee and back conditions were not linked to evacuation
M.B. said she aggravated her knees and back while evacuating a breakroom during an electrical fire at work. OWCP accepted that the June 25, 2016 incident occurred. The Board found that her physician diagnosed bilateral knee osteoarthritis and a lumbar condition but did not explain how the incident…
M.M. and U.S. Postal Service, Post Office, Dickson, TN
Injury claim lacked an account of the alleged incident
M.M., a rural mail carrier, claimed an injury on June 12, 2017. OWCP asked her to explain what work activity or condition caused it. The Board found that she had not provided a statement establishing how the alleged incident occurred. It affirmed OWCP’s February 15, 2018 denial because the factual…
M.T. and U.S. Postal Service, Bulk Mail Center, Springfield, MA
Emotional claim remained closed on reconsideration
M.T. requested reconsideration of an emotional condition claim whose underlying issue was whether she had established a compensable work factor. She submitted a physician’s report recounting her account of workplace stress and diagnoses. The Board found that the report did not provide relevant new…
E.G. and Department of Veterans Affairs, Veterans Health Administration, Loma Linda, CA
Claim expansion, disability, and reconsideration denials affirmed
OWCP accepted E.G.’s May 2015 work injury for a lumbar sprain. He sought to add other lumbar conditions and obtain compensation for total disability from October 16, 2015 through January 2, 2016. The Board found that the medical evidence did not establish the additional conditions or link the…
D.L. and Department of Justice, Office of the Inspector General, San Bruno, CA
Hearing loss was not ratable for a schedule award
D.L., a criminal investigator, sought a schedule award for employment-related hearing loss. The Board agreed with OWCP’s medical adviser that the audiogram produced zero percent ratable loss in each ear under the applicable formula. It affirmed OWCP’s May 10, 2017 denial of a schedule award. The…
C.R. and Department of the Treasury, Internal Revenue Service, Richmond, VA
Finger impairment rating remanded to compare methods
C.R. sought a schedule award above three percent permanent impairment of his left upper extremity. His physician rated left ring-finger loss of motion, a method permitted for that diagnosis. The Board found that OWCP’s medical adviser should have calculated both the range-of-motion and…
A.C. and Department of Veterans Affairs, Veterans Health Administration, Canandaigua, NY
Emotional condition claim lacked compensable work factor
A.C. attributed an emotional condition to alleged supervisory harassment, discrimination, and personnel actions. The Board held that the new record did not establish error or abuse in those administrative matters or another compensable employment factor. It also treated issues already resolved in…
M.J. and U.S. Postal Service, Post Office, Napa, CA
Schedule award and disability claims denied
M.J. sought a schedule award and compensation for total disability from September 22 through October 9, 2017 after an accepted June 7, 2016 injury. The Board found that she had not established maximum medical improvement, a prerequisite to rating permanent impairment. It also found that the medical…
O.C. and Social Security Administration, Salinas, CA
Intermittent disability claim lacked specified dates and reasons
O.C. sought wage-loss compensation for intermittent periods beginning August 22, 2016 after an accepted work injury. OWCP told her that the claim forms gave vague reasons such as “medical” and asked for the nature of the claimed disability and supporting evidence. The Board found that she had not…
K.M. and Department of Justice, Federal Correction Center, Pollock, LA
Shoulder injuries were not linked to accepted incident
K.M. sought compensation for injuries to both shoulders following an accepted April 30, 2010 work incident. The Board noted earlier left-shoulder problems and found that later medical reports did not adequately explain how the incident caused or aggravated either shoulder condition. It affirmed…
A.T. and U.S. Postal Service, Post Office, Montgomery, NY
Hearing abandonment reversed because notice went to old address
A.T. requested a hearing after OWCP denied an injury claim. She had provided a new mailing address before OWCP sent the hearing notice, but OWCP mailed it to her former address. The Board found that she had not been properly notified and could not be treated as having abandoned the hearing. It…
Secretary of Labor v. Knight Hawk Coal, LLC
Accident-reporting citations vacated
A roof rock pinned continuous-miner operator Jonathan Wink and caused fractures to his lower leg and hip. A trained EMT examined him underground for about an hour, finding that he remained alert with normal circulation, no signs of shock, internal bleeding, crush injury, or altered mental status…
P.R. and U.S. Postal Service, Parkville Post Office, Baltimore, MD
Wrist recurrence remanded for an explained OWCP decision
P.R. claimed a recurrence of disability from an accepted 2005 wrist fracture and related conditions. She submitted imaging and a physician’s explanation linking later radiocarpal arthritis to the old fracture. OWCP denied the claim but did not explain why it found that medical opinion insufficient…
K.R. and U.S. Postal Service, Postal Inspection Service, Potomac, MD
Training-related wrist claim lacked medical explanation
K.R., a student postal inspector, attributed a right wrist sprain to firearms and field training. Her physician diagnosed a scapholunate ligament sprain and stated that training caused it. The Board found that he did not explain how the specific exercises produced the condition, and a checked…
T.H. and U.S. Postal Service, Post Office, Dayton, OH
Wage-capacity modification request denied
T.H. challenged a 2015 loss-of-wage-earning-capacity determination based on the position of receptionist. The Board found that a rehabilitation counselor had identified a reasonably available job within his physical restrictions and that he had not shown the original determination was erroneous. It…
C.A. and U.S. Postal Service, Wicker Park Station, Chicago, IL
Left-knee claim remained closed on reconsideration
C.A. sought reconsideration of a left-knee injury claim after OWCP accepted a right-knee condition. She argued that acceptance of one knee should support the other, but supplied no medical evidence connecting the left-knee condition to work. The Board found no new legal argument or relevant…
D.G. and Department of the Army, Installation Management Command, Fort Drum, NY
Late reconsideration request did not show clear error
D.G. sought reconsideration of a May 9, 2016 merit decision denying a recurrence claim. OWCP did not receive the request until May 12, 2017, after the one-year period. The Board found that his submissions did not clearly demonstrate error in the earlier ruling. It affirmed OWCP’s May 31, 2017…
C.W. and U.S. Postal Service, Post Office, Voorhees, NJ
Disability recurrence was not linked to accepted sprains
OWCP had accepted lumbar and neck sprains from a September 2013 work-related vehicle accident. C.W. sought compensation for a later recurrence of total disability. The Board found that his treating physician did not explain how the accepted sprains worsened to cause the claimed disability or link…
F.R. and U.S. Postal Service, Post Office, San Antonio, TX
Wage-loss termination reversed over deficient medical record
OWCP ended F.R.’s wage-loss compensation based on medical opinions that he could return to full duty. The Board found that OWCP’s statement of accepted facts omitted several accepted injuries, weakening the second-opinion report and eliminating the claimed conflict that prompted an impartial…
H.B. and Department of Veterans Affairs, Veterans Health Administration, Washington, DC
Foot injury claim lacked qualifying medical evidence
H.B. reported that a patient using a wheelchair or scooter ran over her left foot at work on April 30, 2013. The Board accepted that the incident occurred but found no sufficient physician opinion identifying and linking a specific foot injury to it. An unsigned or illegibly signed report did not…
M.B. and Department of Justice, Bureau of Prisons, Jessup, GA
Needle incident injury and late review request denied
M.B. reported contact with a hypodermic needle at work on September 8, 2017. OWCP accepted that the incident occurred, but the Board found insufficient medical evidence of a specific injury caused by it. Her request for review of the written record also came after the 30-day deadline, and the Board…
T.M. and U.S. Postal Service, Post Office, Des Moines, IA
Shoulder claim lacked a medical causation opinion
T.M. attributed right shoulder pain and diagnosed conditions to repeatedly reaching from his delivery vehicle. The Board found that the only submitted medical report described the duties and diagnosed tendinitis and arthritis but did not state whether work caused or aggravated either condition. It…
P.B. and Department of the Army, Office of the Secretary, Washington, DC
Late reconsideration request lacked clear error
P.B. requested reconsideration of a traumatic injury claim that OWCP had denied in July 2008. OWCP did not receive her request until September 2017, long after the one-year deadline. The Board found that her statements and medical note did not clearly establish error in the earlier denial. It…
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.