Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

R.L. and U.S. Postal Service, Post Office, Paterson, NJ

Injury claim remained closed on reconsideration

R.L. sought reconsideration of a traumatic injury claim and submitted hospital records through counsel. The Board found that the material did not show a legal error, raise a new relevant argument, or provide pertinent new evidence requiring OWCP to reopen the merits. It affirmed OWCP’s May 23, 2017…

September 5, 2018 ·ECAB
Affirmed
COMM

T.M. and U.S. Postal Service, Post Office, Torresdale Station, Philadelphia, PA

Hip condition was not linked to mail-carrier duties

T.M. attributed avascular necrosis and osteoarthritis of his left hip, which led to replacement surgery, to years of mail-carrier duties. OWCP accepted the work activities and the diagnoses. An impartial medical examiner found that the hip conditions were not caused by the duties, and the Board…

September 5, 2018 ·ECAB
Affirmed
ALJ

Shawn Hirt v. Gary Servaes Enterprises

Criminal-charge threat found unlawful

During settlement discussions in an earlier discrimination case, Gary Servaes Enterprises' attorney emailed that the company might refrain from seeking criminal charges against Shawn Hirt for allegedly false documents if Hirt withdrew his complaint. Judge Margaret A. Miller held that a reasonable…

September 4, 2018 ·Margaret A. Miller ·FMSHRC
Citations affirmed
COMM

Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC, d/b/a Battlefield Automotive and Confederate Diesel

In re Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC (EAB CAA Appeal No. 18-08C): consent agreement ratified

The EPA EAB order concerns Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC, which also did business as Battlefield Automotive and Confederate Diesel. The order does not describe the underlying alleged violations or the specific obligations in the incorporated Consent…

September 4, 2018 ·EPA EAB
Settled
COMM

M.D. and U.S. Postal Service, Post Office, Melville, NY

Back injury claim lacked a medical diagnosis

M.D., a postal clerk, reported back strain while sorting mail on January 20, 2017. OWCP accepted that the workplace incident occurred. The Board found that the physician’s reports described back pain but did not establish a diagnosed injury, and an x-ray report did not supply a firm diagnosis…

September 4, 2018 ·ECAB
Affirmed
COMM

M.D. and Department of Veterans Affairs, Veterans Administration Medical Center, White River Junction, VT

Termination of injury benefits reversed

M.D., a VA administrative assistant, received wage loss and medical benefits for accepted fibromyalgia and right arm conditions. OWCP relied on an impartial examiner to terminate those benefits. The examiner disputed a work related condition that OWCP had already accepted, contrary to the statement…

September 4, 2018 ·ECAB
Vacated
COMM

T.N. and U.S. Postal Service, Post Office, Chicago, IL

Two percent right leg impairment award upheld

T.N., a postal city carrier, challenged a two percent right leg schedule award after an accepted knee injury. A new medical adviser rated impairment using the operative findings from a partial medial meniscectomy. The competing rating also assumed a lateral meniscus tear, but the operative report…

September 4, 2018 ·ECAB
Affirmed
COMM

B.A. and U.S. Postal Service, Manor Station, Winston-Salem, NC

Knee claim not reopened on duplicate evidence

B.A., a postal city carrier associate, sought reconsideration of a denied left knee claim after a fall on ice at work. Her request repeated her account of the incident and resubmitted medical reports OWCP had already considered. The Board found no new legal argument or pertinent new medical…

September 4, 2018 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Eau Clair, WI

Late reconsideration denial reversed for unreviewed evidence

D.M., a postal rural carrier, requested reconsideration of a decision concerning additional wage loss from her accepted injuries. Her request was late, but OWCP had failed to consider a medical report received on the day of its earlier merit decision. The Board held that this failure demonstrated…

September 4, 2018 ·ECAB
Remanded
COMM

S.M. and U.S. Postal Service, Post Office, Coppell, TX

Intermittent wage loss claim denied

S.M., a postal window clerk, sought compensation for intermittent wage loss between September 13, 2016 and April 7, 2017 after accepted neck and back injuries. Some claimed days overlapped a schedule award and could not also be paid as wage loss for the same injury. For later days, her physician…

September 4, 2018 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Orlando, FL

Emotional condition claim lacked a compensable work factor

J.W., a postal customer service supervisor, attributed an emotional condition to workplace incidents and management actions. The Board found that the record did not establish an error or abuse in the challenged administrative actions. It also found no corroborated threat and no proof that he was…

September 4, 2018 ·ECAB
Affirmed
ALJ

Insulation-N-Coatings d/b/a Force Enterprises

Spoil-pile violation affirmed, duplicate item vacated

Force Enterprises installed sewer pipe in a roughly 10-foot-deep trench while a spoil pile sat at the trench edge instead of at least two feet back. Based on inspection video, photographs, tools and footprints in the trench, and the foreman’s earlier statements, the judge found that employees had…

September 4, 2018 ·Peggy S. Ball ·OSHRC
Mixed result
COMM

Matter of German BERMUDEZ-COTA

A later hearing notice completed a notice to appear

The Board reviewed a Mexican respondent's challenge to removal proceedings after his original notice to appear did not state the time and place of the initial hearing. The Board held that the notice to appear vested the Immigration Judge with jurisdiction and met the statutory notice requirements…

August 31, 2018 ·BIA
Affirmed
COMM

Jimmy Neafus v. Artisan Industrial Metals and Jeffboat, L.L.C.

Neafus v. Artisan Industrial Metals (BRB 17-0653): hearing loss award affirmed, payer changed

Jimmy Neafus developed hearing loss after noisy work for Jeffboat and later for Artisan Industrial Metals. The judge awarded benefits for a 28.4 percent binaural impairment and made Jeffboat liable because Artisan was defunct and uninsured. A Board majority held that the record did not show the…

August 31, 2018 ·BRB
Mixed result
COMM

Sophia Turner (widow of and on behalf of Ralph E. Turner) v. Big Elk Creek Coal Company, Incorporated and Old Republic Insurance Company

Turner v. Big Elk Creek Coal (BRB 17-0547 and 17-0548 BLA): miner and survivor denials affirmed

Sophia Turner pursued her late husband Ralph Turner's black lung benefits claim and her own survivor claim. The judge credited twenty-six years of coal mine work but found no total respiratory disability or complicated pneumoconiosis in the miner's claim. The Board upheld those findings and…

August 31, 2018 ·BRB
Affirmed
COMM

Lillie Neace (widow of and on behalf of Ishmeal Neace) v. Cumberland River Coal Company, self-insured through Arch Coal, Incorporated

Neace v. Cumberland River Coal (BRB 17-0478 and 17-0479 BLA): miner and survivor awards affirmed

Lillie Neace pursued her late husband's black lung claim and her own survivor claim. The judge credited Ishmeal Neace with twenty-four years of qualifying surface mine work, found total respiratory disability, and awarded miner benefits under the fifteen-year presumption. A Board majority upheld…

August 31, 2018 ·BRB
Affirmed
COMM

United States Department of Veterans Affairs, Medical Center, Dayton, Ohio (Agency) and National Nurses United (Union)

Dayton VA and National Nurses United (FLRA 0-AR-5343): Title 38 removal exceptions dismissed

A patient’s wife reported that a registered nurse at the Dayton VA verbally abused the patient. After an agency investigation, the VA terminated the nurse, but an arbitrator found no just cause and ordered reinstatement with backpay. The Authority held that the nurse was appointed under 38 U.S.C. §…

August 31, 2018 ·FLRA
Procedural
COMM

United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union (Union)

IRS and NTEU (FLRA 0-AR-5294): One-day-late QSI grievance barred

The IRS changed from rolling approval of quality step increases to one annual approval date because of budget constraints. NTEU challenged the delay but conceded that it invoked arbitration one day after the agreement's thirty-day deadline. An arbitrator excused the delay based on his authority to…

August 31, 2018 ·FLRA
Set aside
COMM

Secretary of Labor v. Panther Creek Mining, LLC

Mishandled assessment reopened

A Panther Creek employee found the proposed assessment in a mine file tray four days after it had already become final. The operator moved to reopen within about two weeks of the final-order date and began changing the service address for assessments from mine post office boxes to the company…

August 30, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Rockwell Mining, LLC

One-day-late contest reopened

MSHA mailed Rockwell Mining's proposed assessment to a post office box rather than the operator's address of record. The box was not checked for two weeks, and a newly hired receptionist then handled the assessment. Rockwell filed its contest one day after the assessment became final. The Secretary…

August 30, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Essroc Cement Corporation

Default reopening denied

Essroc failed to answer the Secretary's penalty petition and then failed to respond to a Commission show-cause order, causing a default. Its reopening motion initially claimed that the company never received the petition, but delivery records showed an employee signed for it and Essroc later…

August 30, 2018 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Thomas L. Puckett, employed by Frasure Creek Mining, LLC

Secretary of Labor v. Thomas L. Puckett (FMSHRC WEVA 2015-932): No penalty owed after dismissal

Thomas Puckett timely contested an individual civil penalty assessment in 2015, but MSHA did not file the required penalty petition. A show-cause order went unanswered, so the Chief Administrative Law Judge dismissed the case for the Secretary's failure to prosecute. MSHA later incorrectly recorded…

August 30, 2018 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Chavarria Construction, Inc.

Two penalty contests reopened

Chavarria Construction intended to contest portions of two penalty assessments. It mailed the general notice to MSHA's Arlington office but mistakenly sent the chart identifying the disputed violations with payment for the uncontested penalties, apparently to the St. Louis payment center. The…

August 30, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Signal Peak Energy, LLC

Ventilation-plan rejection stands on 2-2 split

Signal Peak proposed replacing its dual-entry tailgate return with a single-entry system to reduce oxygen entering the gob and lessen spontaneous-combustion, roof-control, and material-handling risks. MSHA rejected the plan because it believed the single-entry system could expose miners to noxious…

August 30, 2018 ·FMSHRC
Citations affirmed
COMM

Secretary of Labor v. Barnette Contractors, Inc.

Misdirected penalty contest reopened

Barnette Contractors mailed its penalty contest before the assessment became final, but sent it to the Commission and an MSHA district office rather than MSHA's Civil Penalty Compliance Office. Postal records confirmed that the Commission received the letter several weeks before the contest…

August 30, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Cumberland Contura, LLC

Reopening denied for unreliable contest system

Cumberland Contura said a new parent company and reassigned personnel left it without a reliable penalty-contest system after Alpha Natural Resources emerged from bankruptcy. Although the company completed a contest form, it did not file it, did not act after claiming its new system became…

August 30, 2018 ·FMSHRC
Procedural
COMM

Secretary of Labor v. M-Class Mining, LLC

Staff-transition default reopened

M-Class Mining reassigned its safety director and gave a new employee responsibility for proposed assessments. The employee had difficulty locating some underlying citations and failed to file the contest on time. M-Class retrained the employee and moved to reopen within 30 days after receiving…

August 30, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Southern Aggregates, LLC

Late penalty contest reopened

Southern Aggregates intended to contest penalties for two citations but mistakenly mailed the contest with payment for two uncontested citations to MSHA's payment center rather than its penalty compliance office. MSHA processed the partial payment before the assessment became final, and the…

August 30, 2018 ·FMSHRC
Remanded
COMM

Ralph Upton v. Four Aces Mining, Incorporated and Employer Insurance of Wausau

Upton v. Four Aces Mining (BRB 17-0597 BLA): benefits denial affirmed

Ralph Upton appealed the denial of a later black lung benefits claim without a lawyer. The judge found that the evidence did not establish total respiratory disability, which was required for benefits and for the fifteen-year presumption. The Board upheld that finding because the breathing and…

August 30, 2018 ·BRB
Affirmed
COMM

Ronnie Southwood, Sr. v. Whitaker Coal Corporation and Sun Coal Company

Southwood v. Whitaker Coal (BRB 17-0591 BLA): benefits denial affirmed

Ronnie Southwood appealed a black lung benefits denial without a lawyer. The judge credited eleven years of coal mine work, too few for the fifteen-year presumption, and found that Southwood had pneumoconiosis but had not proved total respiratory disability. The Board upheld the work history…

August 30, 2018 ·BRB
Affirmed
COMM

Ephie Hensley v. Unicorn Mining Incorporated

Hensley v. Unicorn Mining (BRB 17-0562 BLA): benefits denial affirmed

Ephie Hensley appealed the denial of his black lung benefits claim without a lawyer. The judge credited 32 years of underground coal mine work and found pneumoconiosis, but found neither complicated pneumoconiosis nor total respiratory disability. The Board upheld the judge's decision to give less…

August 30, 2018 ·BRB
Affirmed
COMM

Thomas H. Peters v. David Stanley Consultants

Peters v. David Stanley Consultants (BRB 17-0553 BLA): benefits award affirmed

David Stanley Consultants and its insurer appealed an award of black lung benefits to Thomas Peters after an earlier Board remand. The judge found that Peters's coal mine work required heavy labor and that medical opinions established total respiratory disability. With at least fifteen years of…

August 30, 2018 ·BRB
Affirmed
COMM

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

St. Petersburg VA and AFGE Local 1594 (FLRA 0-AR-5352): Performance-curve order narrowed

After a performance year ended, the St. Petersburg VA lowered the productivity threshold for an exceptional rating so that more employees could qualify. An employee who received a fully successful rating grieved both his own review and the agency's failure to bargain over the curve. An arbitrator…

August 30, 2018 ·FLRA
Modified
COMM

Secretary of Labor v. Mach Mining, LLC

Chirp-alert citations vacated

MSHA found two inoperative visual and audible chirp alerts on high-voltage longwall equipment and cited Mach Mining under the weekly testing and examination standard. The inspector nevertheless testified that Mach had performed the required tests, and the Secretary offered no examination records or…

August 29, 2018 ·FMSHRC
Citations vacated
COMM

Secretary of Labor v. The American Coal Company

Tie left five special-assessment penalties standing

The American Coal Company challenged five penalties after an ALJ affirmed four roof-and-rib violations and one transportation-safeguard violation, all designated significant and substantial, and assessed $43,200 against MSHA's $69,608 special-assessment proposal. On the case's second Commission…

August 29, 2018 ·FMSHRC
Citations affirmed
COMM

Matter of J. M. ACOSTA

Conviction finality requires direct appeal rights to be exhausted or waived

The Board reviewed a Dominican Republic respondent's removal order based in part on a New York drug conviction and his request to reopen the record after a state court allowed a late direct appeal. The Board held that a conviction does not become sufficiently final for immigration purposes until…

August 29, 2018 ·BIA
Mixed result
COMM

Jeanne Johnston (widow of Roy Johnston) v. Hayward Baker

Johnston v. Hayward Baker (BRB 18-0040): attorney fee rates remanded

Jeanne Johnston's counsel appealed an attorney fee award arising from her Longshore death benefits claim. The judge awarded counsel $351,565.86 in fees and costs but reduced the requested hourly rates and struck a supplemental fee request. The Board held that the judge needed to consider San Diego…

August 29, 2018 ·BRB
Remanded
COMM

Randolph Large v. Consolidation Coal Company

Large v. Consolidation Coal (BRB 17-0586 BLA): benefits award affirmed

Consolidation Coal appealed an award of black lung benefits to Randolph Large. The judge credited thirteen and a half years of coal mine work and found clinical and legal pneumoconiosis, total respiratory disability, and a link between the disease and disability. The Board held that treatment…

August 29, 2018 ·BRB
Affirmed
COMM

Laurence E. Thibedeau v. SSA Pacific, Incorporated

Thibedeau v. SSA Pacific (BRB 17-0448): state guaranty association dismissal affirmed

Laurence Thibedeau's employer appealed the dismissal of the Oregon Insurance Guaranty Association from a dispute over reimbursement for hearing aids. The employer and its insurer had agreed in an earlier settlement to remain liable for medical benefits, but the insurer later became insolvent. The…

August 29, 2018 ·BRB
Affirmed
COMM

James R. Howton v. Chevron Mining, Incorporated

Howton v. Chevron Mining (BRB 17-0286 BLA): reconsideration denied and fee awarded

Chevron Mining asked the Board to reconsider its earlier decision in James Howton's black lung benefits case. No panel member voted to vacate or modify that decision, so the Board denied reconsideration. It also found that the employer had raised its challenge to the administrative law judge's…

August 29, 2018 ·BRB
Procedural
COMM

American Federation of Government Employees, Local 2328 (Union) and United States Department of Veterans Affairs, John J. Pershing VA Medical Center (Agency)

John J. Pershing VA and AFGE Local 2328 (FLRA 0-AR-5348): Temporary promotions denied

GS-4 and GS-5 medical support assistants at the John J. Pershing VA claimed temporary GS-6 promotions because they performed some higher-level duties. The agreement required performance of a higher position's grade-controlling duties, and an earlier national settlement identified membership on a…

August 29, 2018 ·FLRA
Upheld
COMM

Secretary of Labor v. R. J. McDonald, Inc.

Interlocutory settlement review denied

A Commission judge denied two proposed settlements because the Secretary had not supplied enough supporting information, then certified those rulings for interlocutory review. The proposed changes would have removed significant-and-substantial and unwarrantable-failure designations from one…

August 28, 2018 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Pocahontas Coal Company, LLC

Appeal dismissed after review direction vacated

Pocahontas Coal petitioned for discretionary review of an ALJ summary decision involving a pattern-of-violations notice and related withdrawal orders at its Affinity Mine. After the Commission granted review, Pocahontas moved to withdraw its appeal and dismiss the proceedings. The Commission…

August 28, 2018 ·FMSHRC
Procedural
COMM

Dennis A. Ball v. G & A Coal Company, Incorporated

Ball v. G & A Coal (BRB 17-0631 BLA): disability finding sent back for review

Dennis Ball appealed the denial of black lung benefits without a lawyer. The judge credited 22 years of qualifying coal mine work and found that blood gas studies established total respiratory disability, but decided that other evidence outweighed them. The Board held that the judge had not…

August 28, 2018 ·BRB
Remanded
COMM

Archie C. Runyon v. Kessler Coals, Incorporated

Runyon v. Kessler Coals (BRB 17-0549 BLA): benefits award affirmed

Kessler Coals and its insurer appealed an award of black lung benefits to Archie Runyon. The judge credited 22 years of qualifying coal mine work and found a totally disabling respiratory impairment, which invoked the fifteen-year presumption. The Board upheld the judge's reliance on medical…

August 28, 2018 ·BRB
Affirmed
COMM

John D. Ward, Jr. v. Consolidation Coal Company

Ward v. Consolidation Coal (BRB 17-0543 BLA): modification award vacated for new analysis

Consolidation Coal appealed a benefits award entered after John Ward requested modification of an earlier denial. The judge credited at least 31 years of qualifying coal mine work and found total respiratory disability, invoking the fifteen-year presumption. The Board held that the judge used the…

August 28, 2018 ·BRB
Remanded
COMM

Barbara Ann Sammons (widow of Chester Sammons) v. Celtic Processing, Incorporated

Sammons v. Celtic Processing (BRB 17-0539 BLA): survivor benefits denial affirmed

Barbara Sammons sought survivor benefits after her husband, coal miner Chester Sammons, died. The employer conceded enough coal mine work and total disability to invoke a presumption that his death was due to pneumoconiosis. The judge nevertheless denied benefits after finding that the employer…

August 28, 2018 ·BRB
Affirmed
COMM

Janalle Vance (widow of Mose Vance) v. U.S. Steel Mining Company Alabama, LLC

Vance v. U.S. Steel Mining (BRB 17-0446 BLA): survivor benefits award affirmed

U.S. Steel Mining appealed an award of survivor benefits to Janalle Vance after modification of an earlier denial. The judge found that her husband had at least fifteen years of qualifying coal mine work and a totally disabling respiratory impairment, invoking the presumption that his death was due…

August 28, 2018 ·BRB
Affirmed
COMM

S.R. and Department of Transportation, Federal Aviation Administration, Memphis, TN

Work incident established, injury claim denied

S.R., an FAA automation technology specialist, reported dizziness and abdominal symptoms while moving a monitor at work. A witness supported his account, and the Board found that the September 21, 2017 incident occurred. His physician noted blood in the urine but did not explain whether the lifting…

August 28, 2018 ·ECAB
Modified
COMM

J.S. and U.S. Postal Service, Memphis Network Distribution Center, Memphis, TN

Work related back, hip, and shoulder conditions not established

J.S., a casual postal mail handler, attributed back, hip, and shoulder conditions to lifting, pulling, bending, and stooping at work. OWCP accepted those duties as factual. The Board found that her physicians did not adequately explain how those duties caused or aggravated the diagnosed conditions…

August 28, 2018 ·ECAB
Affirmed
COMM

L.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA

Benefit termination reversed for inadequate medical reasoning

L.G., a VA employee, received wage loss and medical benefits for accepted back and knee injuries. OWCP ended those benefits after relying on an impartial examiner who concluded that the accepted injuries had resolved. The Board found his explanation vague and incomplete, particularly about ongoing…

August 28, 2018 ·ECAB
Vacated
COMM

W.G. and Department of the Navy, Charleston Naval Shipyard, Charleston, SC

Wage earning capacity finding left in place

W.G., a former Navy welder with an accepted thumb and wrist injury, sought to change a 1998 loss of wage earning capacity finding based on mechanic work. The record showed that his mechanic job became a regular 40 hour position. A duplicate job description did not show an error in the old finding…

August 28, 2018 ·ECAB
Affirmed
COMM

L.B. and U.S. Postal Service, Post Office, Warminster, PA

Schedule award claim not reopened for review

L.B., a postal letter carrier, sought reconsideration of a schedule award for three percent right leg impairment after an accepted knee injury. Her argument about an additional lateral meniscus injury had already been considered. She also supplied no new medical evidence supporting greater…

August 28, 2018 ·ECAB
Affirmed
COMM

United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Local 21 (Union)

IRS and NTEU Local 21 (FLRA 0-AR-5293): Identity-theft realignment remedy vacated

The IRS centralized identity-theft specialists in a new subdivision under a negotiated realignment memorandum. One specialist sought to opt out, and the union identified a volunteer at the same grade with identity-theft experience to replace her. An arbitrator found that the memorandum and…

August 28, 2018 ·FLRA
Modified
COMM

Daniel Napier v. Ikerd Bandy Company, Incorporated

Napier v. Ikerd Bandy (BRB 17-0517 BLA): benefits denial affirmed

Daniel Napier appealed a black lung benefits denial without a lawyer. The judge credited nearly 25 years of surface coal mine work but found too little detail about regular coal dust exposure to invoke the fifteen-year presumption. The judge found clinical pneumoconiosis and total respiratory…

August 27, 2018 ·BRB
Affirmed
COMM

Vonnie McIntosh (on behalf of and widow of James A. McIntosh) v. Keystone Coal Mining Corporation

McIntosh v. Keystone Coal Mining (BRB 17-0237 and 17-0315 BLA): miner and survivor awards affirmed

Keystone Coal Mining appealed two benefits awards arising from James McIntosh's black lung claim and his widow Vonnie McIntosh's survivor claim. The judge found that the miner had nearly 20 years of underground coal mine work and total respiratory disability, invoking the fifteen-year presumption…

August 27, 2018 ·BRB
Affirmed
COMM

L.B. and U.S. Postal Service, Lakeview Station, Chicago, IL

Knee disability recurrence and missed hearing rulings upheld

L.B., a postal employee with an accepted left knee contusion, claimed a recurrence of disability beginning June 14, 2017. The Board found that her medical evidence did not adequately connect the claimed disability to the accepted injury, and the osteoarthritis had not been accepted as work related…

August 27, 2018 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, White Plains, NY

Left knee claim lacked reasoned medical causation

J.S., a postal custodian, reported a left knee injury after a workplace incident that OWCP accepted as having occurred. His physician initially recorded right knee diagnoses despite examining the left knee and later identified a left meniscus tear. The Board found that the physician did not explain…

August 27, 2018 ·ECAB
Affirmed
COMM

E.I. and U.S. Postal Service, Stonybrook Post Office, Stonybrook, NY

Right knee impairment claim returned for a proper rating

E.I., a postal letter carrier, challenged an eight percent right leg schedule award after accepted knee injuries. The Board found that OWCP’s medical adviser had not explained whether preexisting arthritis should count and had imposed a five millimeter ACL laxity threshold without citing the…

August 27, 2018 ·ECAB
Remanded
COMM

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

Ankle award denied without an impairment evaluation

B.R., a postal mail carrier, sought a schedule award after accepted left ankle and leg injuries from a fall during a dog attack. OWCP asked for a physician’s impairment evaluation, but he supplied none before the award denial. His later request for review of the written record was untimely, and…

August 27, 2018 ·ECAB
Affirmed

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.