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

Kitty Back (on behalf of and widow of Jimmy D. Back) v. Locust Grove, Incorporated and Kentucky Employers Mutual Insurance

Kitty Back (on behalf of and widow of Jimmy D. Back) v. Locust Grove, Incorporated (BRB 17-0432 BLA): miner and survivor denials vacated

Kitty Back pursued her late husband's miner claim and her own survivor claim. The Board found that the judge's disability and medical evidence analyses required further consideration. It vacated both denials and remanded for renewed findings on the miner's disability, pneumoconiosis, and whether…

June 27, 2018 ·BRB
Remanded
COMM

H.R. and U.S. Postal Service, Lapeer Post Office, Lapeer, MI

Board upholds denial of carrier’s ankle injury claim (ECAB 18-0223)

H.R., a postal rural carrier associate, reported twisting her right ankle while descending slippery steps to collect packages. OWCP accepted that the incident occurred and that a physician diagnosed an ankle sprain, but denied the claim for lack of medical causation evidence. The physician’s report…

June 27, 2018 ·ECAB
Affirmed
COMM

D.K. and Department of Veterans Affairs, Veterans Administration Medical Center, Boston, MA

Board upholds benefit suspension for missed medical examination (ECAB 18-0217)

D.K., a retired Veterans Affairs technician with accepted injuries, did not attend an OWCP medical examination scheduled in Florida. An earlier suspension for a different missed examination in Massachusetts had been reversed because OWCP had not accounted for her move to Florida. The Board found…

June 27, 2018 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Post Office, Louisville, KY

Carrier’s shoulder claim returned for medical evidence review (ECAB 17-1553)

D.C., a postal rural carrier, claimed that years of casing and delivering mail contributed to right shoulder problems. OWCP denied the claim because it considered her descriptions of the work inconsistent. The Board found that her detailed account, the employer’s description, and the position…

June 27, 2018 ·ECAB
Remanded
COMM

M.R. and Department of Veterans Affairs, Veterans Health Administration, Minneapolis, MN

Board upholds denial of nursing assistant’s shoulder claim (ECAB 17-0671)

M.R., a Veterans Affairs nursing assistant, reported feeling a pop in her right shoulder while helping a patient sit on a bed. OWCP accepted that the incident occurred but denied her injury claim. An MRI later showed a rotator cuff tear. The Board found that the physicians who attributed the tear…

June 27, 2018 ·ECAB
Affirmed
COMM

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

Wrist impairment award returned for a uniform rating method (ECAB 17-0641)

R.B., a postal automation clerk, had accepted right wrist and bilateral carpal tunnel conditions. OWCP awarded one percent permanent right arm impairment, while his physician rated it at seven percent. The Board found that OWCP had applied inconsistent methods for rating upper extremity impairment…

June 27, 2018 ·ECAB
Remanded
COMM

S.B. and U.S. Postal Service, Post Office, St. Louis, MO

Board upholds denial of carrier’s back and leg injury claim (ECAB 17-0413)

S.B., a postal rural carrier associate, reported back and lower body pain after a mail tray shifted as she handled it at work. OWCP accepted that the incident occurred but denied her injury claim. A physician later linked low back pathology to the event, but his account included her boot catching…

June 27, 2018 ·ECAB
Affirmed
COMM

P.L. and Department of Energy, Western Power Administration, Loveland, CO

Hearing award returned for assessment of tinnitus impairment (ECAB 17-0355)

P.L., a Department of Energy electrician, developed accepted hearing loss and tinnitus after workplace noise exposure. OWCP awarded 12 percent binaural hearing impairment but gave no additional rating for tinnitus. The Board found no dispute about the hearing loss calculation. It noted medical…

June 27, 2018 ·ECAB
Remanded
COMM

C.M. and Department of the Interior, BIA Emergency Firefighters, Navajo Regional Office, Fort Defiance, AZ

Board upholds denial of firefighter’s migraine claim (ECAB 17-0232)

C.M., a federal firefighter, reported a migraine and vomiting after working in heat and smoke while carrying a heavy firefighting pack. OWCP accepted that he encountered those conditions but denied his occupational disease claim. An emergency physician diagnosed a migraine without giving an opinion…

June 27, 2018 ·ECAB
Affirmed
COMM

Sirois v. Long Island Railroad Co.

Board case dismissed after district court filing

Carmela Sirois alleged that Long Island Railroad harassed and intimidated her and denied medical benefits in violation of the Federal Rail Safety Act. OSHA found no violation, and an administrative law judge dismissed her complaint on summary decision. Sirois appealed to the Board, then filed a…

June 26, 2018 ·DOL ARB
Procedural
COMM

M.P. and Department of Justice, Bureau of Prisons, Morgantown, WV

Board upholds reduced benefits and rejects consequential condition claim (ECAB 18-0094)

M.P., a former correctional counselor, received wage loss compensation for an accepted aggravation of a spinal condition after a 2002 fall at work. OWCP reduced those benefits effective July 24, 2016 after finding he could earn $446.73 a week as an information clerk. The Board credited an…

June 26, 2018 ·ECAB
Affirmed
COMM

E.B. and U.S. Postal Service, Post Office, Roanoke, VA

Board upholds denial of mail processor’s emotional condition claim (ECAB 17-1917)

E.B., a postal mail processor returning to light duty after a heart condition, claimed that her work environment caused an emotional condition. She described coworkers laughing at her and refusing help, and objected to her work assignment, shift, schedule, and leave handling. The Board found…

June 26, 2018 ·ECAB
Affirmed
COMM

M.P. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL

Board upholds overpayment amount but changes fault finding (ECAB 17-1703)

M.P., a postal mail handler receiving FECA wage loss benefits, also received Social Security benefits partly attributable to federal service. OWCP found that it had not offset the federal service portion and calculated a $49,073.13 overpayment. The Board upheld that amount and found M.P. at fault…

June 26, 2018 ·ECAB
Mixed result
COMM

S.S. and Department of Veterans Affairs, Central Arkansas Veterans Healthcare System, Little Rock, AK

Board orders medical review of VA nurse’s emotional condition claim (ECAB 17-0959)

S.S., a VA emergency room nurse, claimed an emotional condition related to treating combative and distressed patients and to harassment at work. OWCP denied the claim after finding no compensable work factors. The Board found that exposure to patients’ physical and verbal abuse was part of her…

June 26, 2018 ·ECAB
Remanded
COMM

M.M. and U.S. Postal Service, Post Office, City of Industry, CA

Board upholds refusal to reopen mail carrier’s knee claim (ECAB 17-0574)

M.M., a postal mail carrier technician, sought compensation for a left knee condition he attributed to prolonged walking, standing, bending, and stooping at work. OWCP had denied the claim and later refused his August 2016 request to reopen it. The Board reviewed only that refusal, since the last…

June 26, 2018 ·ECAB
Affirmed
COMM

S.L. and U.S. Postal Service, Post Office, Nashville, TN

Board upholds denial of carrier’s back and leg claim (ECAB 17-0431)

S.L., a postal letter carrier, reported lower back, right hip, and right leg symptoms after stepping down while delivering mail. OWCP accepted that the March 2016 incident occurred but denied her injury claim. Her physician described disc findings and considered a sacroiliac joint disorder, while…

June 26, 2018 ·ECAB
Affirmed
COMM

D.A. and U.S. Postal Service, Post Office, Newark, NJ

Board upholds denial of inspector’s collision injury claim (ECAB 17-0392)

D.A., a postal inspector, was in a government vehicle that another driver struck while she was working. She was pregnant and sought an examination to check on her unborn child. OWCP accepted that the collision occurred but denied her traumatic injury claim because the medical records did not…

June 26, 2018 ·ECAB
Affirmed
COMM

S.M. and U.S. Postal Service, Post Office, Midland, MI

Board upholds refusal to reopen carrier’s fall claim (ECAB 17-0385)

S.M., a postal city carrier, said she slipped on ice while delivering mail and injured several parts of her body. OWCP denied her injury claim, and a hearing representative affirmed. She later sought reconsideration with arguments about the medical diagnoses and an additional physician report. The…

June 26, 2018 ·ECAB
Affirmed
COMM

V.H. and U.S. Postal Service, Post Office, Baltimore, MD

Board upholds termination of carrier’s injury benefits (ECAB 17-0382)

V.H., a postal city carrier, received benefits for accepted left ankle and foot sprains after a work injury. OWCP later terminated her wage-loss compensation and medical benefits, relying on a second-opinion orthopedist who found that the accepted conditions had resolved. V.H. described continuing…

June 26, 2018 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Bellmawr, NJ

Board orders further review of carrier’s vehicle collision claim (ECAB 17-0332)

S.S., a postal rural carrier associate, reported neck and other symptoms after her work vehicle was rear-ended. OWCP accepted that the collision occurred but denied her injury claim for lack of medical proof of causation. Her neurologist explained how the rapid forward and backward movement from…

June 26, 2018 ·ECAB
Remanded
COMM

C.R. and U.S. Postal Service, Post Office, Quincy, IL

Board upholds denial of late reconsideration request (ECAB 17-0226)

C.R., a postal clerk, had received schedule awards for permanent impairment of both legs following accepted knee conditions. OWCP later denied her claim for an increased award. She sought reconsideration, describing worsening daily limitations and submitting medical notes. The Board found that OWCP…

June 26, 2018 ·ECAB
Affirmed
COMM

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

Board upholds refusal to reopen postmaster’s benefits case (ECAB 17-0158)

K.Z., a postal postmaster, sustained accepted injuries in a work-related vehicle collision. OWCP later terminated her compensation and medical benefits, finding that the accepted injuries had resolved. She asked OWCP to reconsider that decision, citing medical reports and arguing that additional…

June 26, 2018 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Southampton, NY

Board upholds denial of clerk’s groin injury claim (ECAB 17-0026)

P.M., a postal clerk, reported left groin pain after lifting a parcel at work on February 25, 2016. OWCP accepted that the incident occurred but denied his traumatic injury claim. His physicians documented a possible adductor injury and hip conditions, but the Board found that their reports did not…

June 26, 2018 ·ECAB
Affirmed
COMM

ServiceStar Landmark Properties-Fort Bliss LLC and ServiceStar Development Company LLC

ServiceStar Landmark Properties-Fort Bliss (DOL ARB 2017-0013): Service Contract Act coverage affirmed

ServiceStar companies disputed whether contracts for the Freedom Crossing shopping center at Fort Bliss were covered by the Service Contract Act. They argued that the project principally involved construction and property management and that retail tenant leases were outside the Act. The Wage and…

June 25, 2018 ·DOL ARB
Affirmed
COMM

Mauldin v. G & K Services

Truck driver whistleblower dismissal affirmed

Route driver Wayne Mauldin said G & K Services fired him after he refused to finish deliveries because he feared exceeding the hours of service limit. An administrative law judge dismissed his truck driver whistleblower complaint, finding that his refusal was not protected activity. The Board…

June 25, 2018 ·DOL ARB
Affirmed
COMM

American Federation of Government Employees, Local 1101 and United States Department of the Air Force, 673rd Air Base Wing, Joint Base Elmendorf-Richardson

AFGE Local 1101 and 673rd Air Base Wing (FLRA 0-AR-5338): Union president needed approval for extra official-time hours

The Air Force grieved that a union president on 100% official time repeatedly worked in his government office after his approved duty hours without authorization. An arbitrator found that the agreement required supervisory approval before the president worked beyond his eight-hour official-time…

June 25, 2018 ·FLRA
Upheld
COMM

Butler v. Neier, Inc.

Truck driver's retaliation award affirmed

Truck driver Michael Butler refused a dispatch that he believed would require him to break hours of service rules. Neier, Inc. did not assign him further work and then fired him. The administrative law judge found retaliation under the Surface Transportation Assistance Act and ordered…

June 22, 2018 ·DOL ARB
Affirmed
COMM

G.T. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY

Board upholds end of mail handler’s injury benefits (ECAB 17-1959)

G.T., a postal mail handler, injured her right elbow and lower back while moving a wire cage at work in February 2014. OWCP accepted several sprain conditions and right elbow epicondylitis, then ended wage loss and medical benefits in March 2016. After her treating and second opinion physicians…

June 22, 2018 ·ECAB
Affirmed
COMM

M.N. and Department of the Army, Tank Automotive & Armaments Command, Red River Army Depot, Texarkana, TX

Board orders further medical review of Army mechanic’s hearing loss (ECAB 17-1729)

M.N., an Army depot mechanic, claimed that years of workplace noise caused or aggravated hearing loss in both ears. OWCP accepted hazardous noise exposure and a hearing loss diagnosis but denied the claim for lack of a causal link. Its second opinion specialist relied on earlier normal hearing…

June 22, 2018 ·ECAB
Remanded
COMM

C.D. and U.S. Postal Service, Kingsbridge Station, Bronx, NY

Board upholds denial of letter carrier’s injury claim (ECAB 17-0555)

C.D., a postal letter carrier, fell while being chased by a dog during her route on August 19, 2015. OWCP accepted that the incident occurred but denied her claim for left elbow, knee, and back conditions because the medical evidence did not establish a causal link. A surgeon attributed her knee…

June 22, 2018 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, Cleveland, OH

Board orders a consistent impairment rating for postal custodian (ECAB 17-0480)

G.S., a postal custodian, sought an increased schedule award for permanent right arm impairment after treatment for carpal tunnel syndrome and related conditions. OWCP found no impairment beyond the three percent for which it had already made awards, although earlier medical reports had rated his…

June 22, 2018 ·ECAB
Remanded
COMM

D.Y. and U.S. Postal Service, Post Office, West Sacramento, CA

Board requires reasons for denial of postal carrier’s reconsideration request (ECAB 17-0476)

D.Y., a rural postal carrier, sought compensation for disability after an accepted lumbar sprain. OWCP denied disability benefits, then rejected his later request for reconsideration as untimely and lacking clear evidence of error. The Board agreed that the request arrived after the one year…

June 22, 2018 ·ECAB
Remanded
COMM

L.W. and U.S. Postal Service, Post Office, Richmond, VA

Board confirms postal carrier’s overpayment but splits fault finding (ECAB 17-0356)

L.W., a postal carrier, received disability compensation after returning to full time work. The Board affirmed that the payments created a $3,143.90 overpayment. It found that L.W. could not have known the first electronic deposit of $108.41 was incorrect before it reached his account, so he was…

June 22, 2018 ·ECAB
Mixed result
COMM

R.C. and U.S. Postal Service, Post Office, Philadelphia, PA

Board upholds nine percent knee impairment award for postal carrier (ECAB 17-0229)

R.C., a postal letter carrier, injured his right knee while delivering mail and later received a schedule award for nine percent permanent impairment of his right leg. He sought a higher rating based on a physician’s later report assigning 24 percent impairment. The Board found that the later…

June 22, 2018 ·ECAB
Affirmed
COMM

A.H. and U.S. Postal Service, Post Office, Columbus, OH

Board orders clarification of postal clerk’s disability period (ECAB 17-0035)

A.H., a postal clerk, sought disability compensation after a work related back injury. OWCP later accepted dysthymic disorder as part of the claim but denied compensation for the claimed disability period. A second opinion psychiatrist described treatment and a hospitalization, and said A.H.’s…

June 22, 2018 ·ECAB
Remanded
COMM

American Federation of Government Employees, Local 3408 and United States Department of Justice, Bureau of Prisons, Federal Correctional Complex, Lompoc, California

AFGE Local 3408 and FCC Lompoc (FLRA 0-AR-5331): Authority remands unexplained overtime ruling

AFGE Local 3408 challenged the Bureau of Prisons' use of non-custody employees to cover custody work instead of assigning overtime to custody employees. An arbitrator denied the grievance based on a single agreement provision but did not explain how that provision answered the union's contract…

June 22, 2018 ·FLRA
Remanded
COMM

United States Department of Veterans Affairs, San Diego Healthcare System and National Association of Government Employees/SEIU, Local R12-228

VA San Diego Healthcare System and NAGE Local R12-228 (FLRA 0-AR-5330): Authority vacates unsupported cash award

A Veterans Health Administration program support analyst grieved that she had performed duties outside her position description for about ten years. The arbitrator found that she had done additional work and awarded $5,000 as accumulated special-contribution or spot awards, but he did not identify…

June 22, 2018 ·FLRA
Set aside
COMM

M.S. and U.S. Postal Service, Post Office, Pleasantville, NY

Board upholds denial of letter carrier’s fall injury claim (ECAB 18-0052)

M.S., a postal letter carrier, fell backwards while delivering mail in September 2015. OWCP ultimately accepted that the fall occurred during work but denied his claim for a back injury and related leg symptoms. His physicians diagnosed a lumbar disc herniation and foot drop. The Board found that…

June 21, 2018 ·ECAB
Affirmed
COMM

Christopher Francis v. Jones Stevedoring Company

Wage calculation remanded

Christopher Francis appealed a Longshore Act award involving a knee injury and claimed shoulder conditions. The Board upheld the judge's finding that the shoulder conditions were not caused by treatment of the work-related knee injury. It vacated the average weekly wage calculation and remanded…

June 21, 2018 ·BRB
Remanded
COMM

Carter v. BNSF Railway Co.

Railroad retaliation case returned to judge

Clyde Carter alleged that BNSF retaliated against him for reporting a workplace injury. An administrative law judge found for Carter and awarded reinstatement and monetary relief, and the Board affirmed. The Eighth Circuit then vacated the Board's decision because the judge had used a flawed…

June 21, 2018 ·DOL ARB
Remanded
COMM

M.S. and U.S. Postal Service, Post Office, San Francisco, CA

Board upholds refusal to reopen postal carrier’s knee claim (ECAB 18-0222)

M.S., a postal letter carrier, sought reconsideration of a denied occupational disease claim involving her left knee. Her physician submitted another report discussing knee and hip conditions generally. The Board found that the report still did not address how her specific left knee condition was…

June 21, 2018 ·ECAB
Affirmed
COMM

H.H. and Department of Justice, Bureau of Prisons, Brooklyn, NY

Board upholds denial of correctional officer’s emotional condition claim (ECAB 18-0104)

H.H., a federal correctional officer, alleged that an inmate threatened him during a cell search and that he developed an emotional condition. The prison disputed the account and said it had no record of the reported alarm or incident report. The Board found that H.H. had not supplied the promised…

June 21, 2018 ·ECAB
Affirmed
COMM

D.C. and Department of the Army, Installation Management Command, Frederick, MD

Board upholds retirement benefit offset debt and recovery (ECAB 17-0559)

D.C. received FECA compensation and Social Security retirement benefits partly attributable to federal service. OWCP had not applied the required offset for two periods, creating a $19,666.27 overpayment. The Board found the calculation supported by Social Security figures and OWCP’s worksheet…

June 21, 2018 ·ECAB
Affirmed
COMM

J.C. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

Board upholds denial of shipyard worker’s cervical condition claim (ECAB 17-0512)

J.C., a Navy shipyard woodcrafter, slipped on ice while getting logs at work. OWCP accepted a resolved whiplash injury but declined to accept his other cervical conditions. His treating neurosurgeon documented a disc herniation, degenerative changes, and later surgery. The Board found that the…

June 21, 2018 ·ECAB
Affirmed
COMM

D.H. and Department of State, Foreign Service, Washington, DC

Board upholds denial of State Department agent’s back claim (ECAB 17-0465)

D.H., a State Department special agent, reported worse lower back pain after standing post for about five hours in body armor and defensive equipment. OWCP accepted the March 11, 2016 incident but denied the injury claim. The Board found that his physicians did not explain how that activity caused…

June 21, 2018 ·ECAB
Affirmed
COMM

N.C. and U.S. Postal Service, Post Office, Albany, NY

Board upholds denial of rural carrier’s hand and wrist claim (ECAB 17-0425)

N.C., a rural postal carrier, felt pain in her left hand and wrist while lifting a bundle of mail. OWCP accepted that the August 2015 incident occurred but denied the injury claim. Her physician diagnosed tenosynovitis and attributed it to the work activity, yet did not explain how lifting the…

June 21, 2018 ·ECAB
Affirmed
COMM

Steve B. Conley v. National Mines Corporation and Old Republic Insurance Company

Conley v. National Mines (BRB 17-0435 BLA): black lung award and February 2012 start affirmed

Steve Conley filed another black lung claim in February 2012 after three earlier denials. National Mines challenged the judge's finding that Conley qualified for the 15-year presumption, the finding of total respiratory disability, the rejection of its medical rebuttal, and the start date of…

June 20, 2018 ·BRB
Affirmed
COMM

Manuel Ray Stafford v. Crystal Springs, Incorporated and Travelers Indemnity Company

Manuel Ray Stafford v. Crystal Springs, Incorporated (BRB 17-0424 BLA): black lung denial partly vacated

Manuel Stafford appealed a denial of black lung benefits. The Board found that the judge needed to reweigh medical opinions on whether his lung disease was legal pneumoconiosis. If the disease is established, the judge must decide whether it caused total disability. It partly vacated the denial and…

June 20, 2018 ·BRB
Remanded
COMM

Mary Virginia Clark, on behalf of Larry Ronald Clark v. Mountain Mining Company, Incorporated

Clark v. Mountain Mining (BRB 17-0423 BLA): miner's black lung award affirmed

Mary Virginia Clark pursued her late husband's black lung claim after he died while it was pending. Mountain Mining challenged the benefits award, arguing that another company should pay, that Larry Clark lacked enough qualifying coal mine work to invoke the 15-year presumption, and that its…

June 20, 2018 ·BRB
Affirmed
COMM

H.B. and Department of Agriculture, Forest Service, Wilmington, IL

Board upholds denial of Forest Service youth worker’s injury claim (ECAB 18-0278)

H.B., a youth conservation corps worker, reported feeling weak while raking gravel, then fainting as she left a work vehicle. A coworker caught her before she hit the ground. OWCP asked for more facts about the circumstances and medical evidence, but received no response before denying the claim…

June 20, 2018 ·ECAB
Affirmed
COMM

A.C. and Department of the Army, U.S. Army Medical Command, Fort Gordon, GA

Board upholds late reconsideration denial in Army clerk’s impairment case (ECAB 18-0201)

A.C., a former Army cash clerk, had received schedule awards for permanent impairment of both arms after accepted carpal tunnel syndrome. She sought review of OWCP’s 2015 refusal to increase those awards. The Board found her 2017 request was outside the one year reconsideration period and was aimed…

June 20, 2018 ·ECAB
Affirmed
COMM

D.B. and Department of the Treasury, Internal Revenue Service, Covington, KY

Board upholds denial of IRS technician’s workplace injury claim (ECAB 18-0053)

D.B., an IRS tax examining technician, said a supervisor shoved her while she worked at her desk. The supervisor said she had only lightly touched D.B.’s arm to wake her after finding her asleep. The Board found the record did not establish the incident in the manner D.B. alleged, citing the…

June 20, 2018 ·ECAB
Affirmed
COMM

H.M. and Department of Agriculture, Farm Service Agency, Gainesville, FL

Board upholds refusal to reopen USDA employee’s benefits termination (ECAB 17-1436)

H.M., a USDA county executive director, had received compensation after an accepted concussion. OWCP later ended his wage loss and medical benefits after an impartial neurologist found no continuing injury related residuals. H.M. requested reconsideration and submitted earlier medical records…

June 20, 2018 ·ECAB
Affirmed
COMM

J.P., claiming as widow of T.P., and Department of the Navy, Naval Air Systems Command, Cherry Point, NC

Board upholds denial of Navy worker’s survivor benefits claim (ECAB 17-0563)

J.P. sought survivor benefits after her husband, a former Navy mechanic, died of pneumonia in 2016. He had an accepted back injury from 1980. She believed the injury had left him bedridden and contributed to his death. Two physicians reviewing the claim attributed his bedridden condition to a later…

June 20, 2018 ·ECAB
Affirmed
COMM

D.P. and U.S. Postal Service, Post Office, Denver, CO

Board upholds refusal to reopen postal clerk’s disability claim (ECAB 17-0450)

D.P., a postal window clerk with accepted cardiac conditions, sought additional wage loss compensation for a period when she reduced her daily work hours. OWCP denied that request and later refused to reopen it. The Board found that her reconsideration request repeated earlier arguments and medical…

June 20, 2018 ·ECAB
Affirmed
COMM

A.L. and Department of the Army, Fort Benning, Fort Benning, GA

Board upholds denial of Army IT specialist’s emotional condition claim (ECAB 17-0368)

A.L., an Army IT specialist, attributed an emotional condition to workload and several workplace interactions. She also alleged sexual assault during a work trip. The Board found that the record did not sufficiently substantiate the claimed overwork, abuse, or assault as compensable work factors…

June 20, 2018 ·ECAB
Affirmed
COMM

Felipe Rucobo v. National Steel and Shipbuilding Company

Felipe Rucobo v. National Steel (BRB 18-0357): discovery appeal dismissed

Felipe Rucobo appealed a judge's discovery order in his Longshore Act case. The Board found that any improper discovery could be addressed after a final decision by excluding wrongly obtained evidence. It dismissed the interlocutory appeal. The underlying compensation case remained pending.

June 19, 2018 ·BRB
Procedural
COMM

Kelly Zaradnik v. The Dutra Group, Incorporated

Kelly Zaradnik v. The Dutra Group (BRB 18-0124): fee petition may await benefits appeal

Kelly Zaradnik received a Longshore Act benefits award, but the Board had remanded part of the case for further findings about the nature of her disability. Her lawyer appealed an administrative law judge's decision to hold the attorney fee petition until the underlying appeals ended. The Board…

June 19, 2018 ·BRB
Procedural
COMM

Bradley Dillon v. EP Investments, LLC and American International Group

Bradley Dillon v. EP Investments, LLC (BRB 18-0048): attorney fee appeal withdrawn

Bradley Dillon appealed a district director's attorney fee award in his Defense Base Act matter. He later told the Board the parties had resolved his counsel's fees and costs for work before the workers' compensation office. The Board granted his motion to withdraw the appeal. It dismissed the…

June 19, 2018 ·BRB
Procedural
COMM

Budri v. FirstFleet, Inc.

Truck driver retaliation dismissal affirmed

Truck driver Adriano Budri alleged that FirstFleet fired him for reporting a burned out bulb and raising concerns about how to record time while waiting for repairs. An administrative law judge dismissed his retaliation complaint without a trial, finding no evidence that those activities…

June 19, 2018 ·DOL ARB
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.