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
63,882 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

American Federation of Government Employees, Local 3294 (Union) and United States Department of Housing and Urban Development (Agency)

AFGE Local 3294 and HUD (FLRA 0-AR-5275): Untimeliness upheld and fee issue remanded

AFGE alleged that HUD failed to consult before deciding to relocate its Boise office. An arbitrator dismissed the grievance as filed outside the agreement's deadline and ordered the parties to split arbitration fees equally. The Authority upheld the untimeliness ruling after rejecting the union's…

March 26, 2018 ·FLRA
Remanded
COMM

National Association of Independent Labor, Local 5 (Union) and United States Department of Defense, Defense Logistics Agency, Distribution Depot, Red River, Texas (Agency)

NAIL Local 5 and DLA Red River (FLRA 0-AR-5271): Untimeliness ruling upheld

An arbitrator found a grievance filed by NAIL Local 5 untimely. The Union challenged that procedural ruling on nonfact, contract-interpretation, legal, and exceeded-authority grounds. The Authority denied the exceeded-authority claim because the Union did not support it and found no defect under…

March 26, 2018 ·FLRA
Upheld
COMM

J.R. and Department of Veterans Affairs, Veterans Affairs Medical Center, Augusta, GA

Board upholds denial of nurse’s hand condition claim (ECAB 18-0051)

J.R., a VA nurse, attributed hand and wrist conditions to frequent computer and mouse use. The Board found that her physician’s report did not explain in enough detail how the accepted work tasks caused bilateral carpal tunnel syndrome. It found the causation opinion conclusory and partly…

March 23, 2018 ·ECAB
Affirmed
COMM

A.L. and U.S. Postal Service, Post Office, Warwick, RI

Board upholds denial of postal carrier’s knee claim (ECAB 17-2002)

A.L., a postal letter carrier, sought benefits for a right knee condition after an accepted incident while descending steps at work. The Board found that the physicians did not give a reasoned explanation linking the knee diagnosis to that incident. Some reports addressed years of work activity…

March 23, 2018 ·ECAB
Affirmed
COMM

R.S. and Department of the Air Force, Vandenberg Air Force Base, CA

Board upholds schedule award overpayment and waiver denial (ECAB 17-1985)

R.S., a former Air Force electronics engineer, kept receiving schedule award payments after the award period ended. The Board upheld a $2,000.33 overpayment for February 21 through March 4, 2017. It found that his assets exceeded the applicable resource limit and the record did not establish severe…

March 23, 2018 ·ECAB
Affirmed
COMM

R.J. and U.S. Postal Service, Post Office, Bedford Park, IL

Board orders new review of alleged schedule award overpayment (ECAB 17-1974)

R.J., a postal mail handler, was assessed a $2,248.55 overpayment after a schedule award ended. The Board found that OWCP had not considered whether her earlier total disability compensation should have resumed when the award expired. It ordered OWCP to address that entitlement and issue a new…

March 23, 2018 ·ECAB
Remanded
COMM

L.C. and U.S. Postal Service, Post Office, Milford, CT

Board upholds denial of postal carrier’s joint condition claim (ECAB 17-1811)

L.C., a postal letter carrier, claimed that work duties caused or aggravated osteoarthritis in his hips, knees, and ankles. The Board found that the physicians did not adequately explain how the accepted work factors caused those conditions. Physician assistant reports and diagnostic studies did…

March 23, 2018 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Tully, NY

Board upholds denial of shoulder disability recurrence (ECAB 17-1401)

J.S., a postal rural carrier with accepted shoulder conditions, sought compensation for a later period away from work. The Board found that her physicians did not adequately explain how the accepted injuries caused disability during those dates. Advice to stay off work to prevent future injury did…

March 23, 2018 ·ECAB
Affirmed
COMM

S.V. and U.S. Postal Service, Post Office, Jamaica Plains, MA

Board upholds wage loss termination after declined temporary work (ECAB 17-1268)

S.V., a postal letter carrier, declined a temporary modified duty assignment after an accepted foot condition. The Board found that the job fit his medical restrictions, was accessible, and would have paid at least his prior wages. It also found that OWCP gave the required notice before reducing…

March 23, 2018 ·ECAB
Affirmed
COMM

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

Board orders review of timely reconsideration request (ECAB 17-0474)

S.M., a postal mail carrier, requested reconsideration of a denied leg and groin condition claim. OWCP treated her October 24, 2016 request as late. The Board found that the one year deadline fell on a Saturday and extended to Monday, the day OWCP received the request. It ordered OWCP to apply the…

March 23, 2018 ·ECAB
Remanded
COMM

Matter of L-A-B-R- et al., Respondents

Attorney General referred the continuance question

The Attorney General referred several Board decisions for review of when an Immigration Judge has good cause to grant a continuance for a collateral matter to be adjudicated. The referred cases involved continuances that gave respondents time to seek decisions from other authorities. The referral…

March 22, 2018 ·BIA
Procedural
COMM

Ralph E. English v. Chevron Mining, Incorporated

English v. Chevron Mining (BRB 17-0313 BLA): black lung benefits award affirmed

Ralph English worked in coal mining for 23 years and received a black lung benefits award under the 15-year presumption. His employer challenged the finding that a respiratory impairment prevented him from doing his physically demanding mine work and argued that it had rebutted the presumption. The…

March 22, 2018 ·BRB
Affirmed
COMM

Foster Mitchell v. F&G Trucking

Mitchell v. F&G Trucking (BRB 17-0308 BLA): benefits start date returned for review

Foster Mitchell received black lung benefits after the judge found complicated pneumoconiosis. The Department of Labor's Director challenged the July 2015 benefits start date, when an x-ray first showed complicated disease. The Board affirmed Mitchell's entitlement but held that the judge had not…

March 22, 2018 ·BRB
Remanded
COMM

R.H. and U.S. Postal Service, Steward Station Post Office, Richmond, VA

Board upholds denial of letter carrier’s foot injury claim (ECAB 18-0021)

R.H., a letter carrier, reported sharp right foot pain while descending stairs on her delivery route. OWCP accepted the April 14, 2017 incident. The Board found that the medical reports did not adequately explain how that incident caused a right foot sprain. It affirmed the claim denial.

March 22, 2018 ·ECAB
Affirmed
COMM

C.S. and Department of Energy, Upper Great Plains, Watertown, SD

Board upholds time bar on dispatcher’s pulmonary disease claim (ECAB 18-0009)

C.S., a power system dispatcher, attributed pulmonary disease to exposures during temporary duty in Iraq. She filed her claim in October 2016. The Board found that she knew or should have known of a possible work connection when COPD and asthma were diagnosed in 2011. The record did not establish…

March 22, 2018 ·ECAB
Affirmed
COMM

L.M. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY

Board upholds suspension after missed medical examination (ECAB 17-2025)

L.M., a postal mail handler, received compensation for a work-related claim. OWCP scheduled a medical examination, which he did not attend. The Board found that OWCP properly suspended his compensation under the rule governing refusal to submit to an examination. It affirmed the suspension.

March 22, 2018 ·ECAB
Affirmed
COMM

D.B. and Department of the Army, Civilian Personnel Advisory Center, Fort McCoy, Sparta, WI

Board upholds denial of Army employee’s fall claim (ECAB 17-2009)

D.B., an Army supervisory staff administrator, claimed that he injured his foot, hand, and wrist in a workplace fall. His medical report described a ladder fall, while his claim alleged a fall in the lobby. The Board found that he did not provide the requested factual account or corroboration to…

March 22, 2018 ·ECAB
Affirmed
COMM

R.H. and U.S. Postal Service, Post Office, Louisville, KY

Board upholds denial of postal manager’s shoulder claim (ECAB 17-2008)

R.H., a postal distribution manager, alleged that he injured his right shoulder after tripping over a protruding bolt at work. The Board had previously upheld an earlier denial. Reviewing later medical evidence, it found no adequate medical explanation connecting the shoulder condition to the…

March 22, 2018 ·ECAB
Affirmed
COMM

E.D. and Department of Transportation, Federal Aviation Administration, Honolulu, HI

Board reverses mail clerk earning capacity reduction (ECAB 17-1064)

E.D., a former air traffic control specialist, received compensation for accepted depression and bowel conditions. OWCP reduced her benefits based on an opinion that she could work as a mail clerk. The Board found that the physician’s opinion was vague, speculative, and internally inconsistent…

March 22, 2018 ·ECAB
Vacated
COMM

W.G. and Department of Homeland Security, Federal Emergency Management Agency, Washington, DC

Board upholds denial of finger injury claim (ECAB 17-0529)

W.G., a disaster survivor assistant, reported pain in his right index finger during a workday and later developed an infection. The Board found that the medical evidence did not establish a work-related cause for the finger condition. It affirmed the claim denial.

March 22, 2018 ·ECAB
Affirmed
COMM

T.O. and Department of Homeland Security, Federal Air Marshal Service, Orlando, FL

Board upholds denial of air marshal’s blood clot claim (ECAB 17-0093)

T.O., a retired supervisory federal air marshal, attributed right leg deep vein thrombosis and a lung blood clot to years of work flights. The Board found that the medical evidence did not establish a causal relationship between the conditions and the accepted work factors. It affirmed the claim…

March 22, 2018 ·ECAB
Affirmed
COMM

M.C. and Department of Veterans Affairs, Jesse Brown Veterans Affairs Medical Center, Chicago, IL

Board upholds refusal to reopen knee claim (ECAB 17-0024)

M.C., a VA health technician, said a patient pushed her and injured her knee. OWCP denied the original claim, and she sought reconsideration. The Board reviewed only the nonmerit refusal and found that her submission did not satisfy the standard for reopening the claim. It affirmed the refusal…

March 22, 2018 ·ECAB
Affirmed
COMM

L.J. and Department of Justice, U.S. Trustee Program, Washington, DC

Board reverses termination of back injury benefits (ECAB 16-1852)

L.J., a Justice Department technology specialist, received benefits for accepted sciatica after lifting boxes at work. OWCP ended her benefits based on a second-opinion report. The Board found that the physician contradicted the accepted diagnosis and offered little reasoning for his conclusion…

March 22, 2018 ·ECAB
Vacated
COMM

T.L. and Social Security Administration, Glendale, AZ

Board upholds seven percent right eye award (ECAB 17-1854)

T.L. received a schedule award for seven percent permanent impairment of her right eye. Her accepted cataract resulted from treatment for work-related carpal tunnel syndrome. She sought a greater award, but the Board found that the impairment evidence did not establish more than seven percent. It…

March 20, 2018 ·ECAB
Affirmed
COMM

W.T. and Department of the Army, U.S. Army Corps of Engineers, Vicksburg, MS

Board upholds denial of hearing loss schedule award (ECAB 17-1723)

W.T., an Army Corps employee, had accepted bilateral sensorineural hearing loss from work noise. He sought a schedule award for permanent impairment. The Board found that the audiogram did not show a ratable hearing loss under the applicable impairment guides. It affirmed the denial.

March 20, 2018 ·ECAB
Affirmed
COMM

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

Board upholds denial of postal worker’s injury claim (ECAB 17-1559)

Y.T., a postal worker, alleged back, neck, leg, and head injuries after a June 30, 2016 work incident. OWCP accepted that the incident occurred. The Board found that the medical evidence did not adequately explain how it caused the claimed conditions. It affirmed the denial.

March 20, 2018 ·ECAB
Affirmed
COMM

D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA

Board rejects claim for on-call premium pay (ECAB 17-1404)

D.B., a VA employee, received compensation after a workplace fall. He later claimed lost on-call premium pay because the accepted injury prevented on-call shifts. The Board found that he had not established entitlement to the additional pay for the claimed period. It affirmed OWCP’s decision.

March 20, 2018 ·ECAB
Affirmed
COMM

L.K. and U.S. Postal Service, Post Office, Elephant Butte, NM

Board upholds insurance premium overpayment recovery (ECAB 17-1393)

L.K., a postal employee, received $1,387.01 too much in compensation because OWCP used incorrect life insurance premium deductions and salary information. The Board upheld the debt, denied waiver of recovery, and approved deductions of $250 from continuing compensation payments. It affirmed OWCP’s…

March 20, 2018 ·ECAB
Affirmed
COMM

J.A. and Department of Homeland Security, Customs & Border Protection, Gibraltar, MI

Board returns border officer’s claim for occupational disease review (ECAB 17-1306)

J.A. alleged an emotional condition from months of workplace harassment and disparate treatment. He filed a traumatic injury form, but argued that OWCP should have handled the allegations as an occupational disease claim. The Board found that OWCP improperly relied on the form instead of the facts…

March 20, 2018 ·ECAB
Remanded
COMM

H.B. and U.S. Postal Service, Post Office, Chicago, IL

Board upholds denial of tractor incident injury claim (ECAB 17-0734)

H.B., a postal worker, said a tractor jerked and threw her onto a concrete floor. OWCP accepted that the March 21, 2015 incident occurred. The Board found that the medical evidence did not sufficiently connect a diagnosed injury to that incident. It affirmed the denial.

March 20, 2018 ·ECAB
Affirmed
COMM

R.A. and Department of Homeland Security, Immigration & Customs Enforcement, Stuart, FL

Board upholds denial of knee injury claim (ECAB 17-0011)

R.A., an immigration enforcement employee, claimed a knee strain after a February 22, 2016 work incident. OWCP accepted the incident and the diagnosis. The Board found that the physician did not explain how the incident caused the knee strain. It affirmed the denial.

March 20, 2018 ·ECAB
Affirmed
COMM

United States Department of the Navy, Portsmouth Naval Shipyard (Agency) and International Federation of Professional and Technical Engineers, Local 4 (Union)

Portsmouth Naval Shipyard and IFPTE Local 4 (FLRA 0-AR-5308): Late exceptions dismissed

An arbitrator ordered Portsmouth Naval Shipyard to comply with an Impasses Panel order concerning facility remodeling. The Navy electronically filed incomplete exceptions one minute after midnight on the day after the deadline and complete exceptions fifty-two minutes after midnight. It cited a…

March 20, 2018 ·FLRA
Procedural
ALJ

Secretary of Labor obo Daniel K. Mullins v. D&H Mining, Inc.

Roof bolter temporarily reinstated

Daniel Mullins worked as a roof-bolting machine operator at D&H Mining's No. 3 mine and alleged that he repeatedly complained about excessive dust and improperly hung ventilation curtains. He testified that a foreman became angry after a dust complaint on January 9, 2018, and that the mine fired…

March 19, 2018 ·Margaret A. Miller ·FMSHRC
Procedural
COMM

Bradley Dillon v. Blackwater Security Consulting and Insurance Company of the State of Pennsylvania

Dillon v. Blackwater Security Consulting (BRB 17-0337): attorney hourly rate remanded

Bradley Dillon's attorney appealed a fee award for work on a Defense Base Act claim arising from an injury while Dillon provided protection services in Iraq. The administrative law judge had approved 188.40 hours of the attorney's work at $350 per hour, plus another attorney's fee, paralegal work…

March 19, 2018 ·BRB
Remanded
COMM

Robert H. Fannon v. Powell Mountain Coal Company, Incorporated

Fannon v. Powell Mountain Coal (BRB 17-0333 BLA): denial vacated over miner's height finding

Robert Fannon worked in underground coal mining for at least 15 years, but the judge denied benefits after finding no totally disabling respiratory impairment. The Board found that the judge had used an unsupported 66-inch height to evaluate pulmonary function studies, although four studies…

March 19, 2018 ·BRB
Remanded
COMM

Ronnie W. Kashola v. Lady H. Coal Company, Incorporated

Kashola v. Lady H. Coal Company (BRB 17-0316 BLA): black lung benefits award affirmed

Ronnie Kashola worked underground in coal mining for 17 years, and his employer conceded that he had a totally disabling respiratory impairment. The judge awarded benefits under the 15-year presumption after finding that the employer failed to rebut it. The Board upheld the judge's decision to…

March 19, 2018 ·BRB
Affirmed
COMM

David Lee Maynard v. Grace Coal Company, Incorporated

Maynard v. Grace Coal Company (BRB 17-0235 BLA): benefits award vacated for medical review

David Maynard received black lung benefits without either statutory presumption because the judge found fewer than 15 years of coal mine work and no complicated pneumoconiosis. The employer challenged how the judge weighed medical opinions about the cause of his disabling lung impairment. The Board…

March 19, 2018 ·BRB
Remanded
COMM

G.V. and U.S. Postal Service, Post Office, Phoenix, AZ

Board upholds denial of back injury claim (ECAB 18-0062)

G.V., a postal worker, reported back pain after lifting a toolbox at work. OWCP accepted the February 9, 2017 incident. The Board found that the medical evidence did not establish that the incident caused a diagnosed back condition. It affirmed the claim denial.

March 19, 2018 ·ECAB
Affirmed
COMM

A.D. and U.S. Postal Service, Post Office, Waxahachie, TX

Board returns PTSD disability claim for fuller medical review (ECAB 17-1984)

A.D., a postal worker, had accepted post-traumatic stress disorder after a work incident involving his postmaster. He sought wage-loss compensation through January 10, 2017. A second-opinion physician supported some work-related disability but did not address its exact period. The Board ordered…

March 19, 2018 ·ECAB
Remanded
COMM

L.N. and U.S. Postal Service, Processing & Distribution Plant, Anaheim, CA

Board returns postal worker’s recurrence claim (ECAB 17-1513)

L.N., a postal worker, sustained an accepted head injury and later had neck conditions added to her claim. She sought compensation for a recurrence of disability beginning June 5, 2012. OWCP’s second-opinion physician was not asked to address disability from that date or the newly accepted neck…

March 19, 2018 ·ECAB
Remanded
COMM

L.C. and U.S. Postal Service, Post Office, Fort Lauderdale, FL

Board orders related postal claim files combined (ECAB 17-1485)

L.C., a postal window clerk, sought intermittent wage-loss compensation tied to an accepted emotional condition claim. OWCP relied on a second claim file concerning harassment by the same customer, but the Board could not review that file. The Board ordered OWCP to combine the related files and…

March 19, 2018 ·ECAB
Remanded
COMM

D.V. and U.S. Postal Service, Post Office, Santa Clarita, CA

Board partly upholds and partly returns disability claim (ECAB 17-1344)

D.V., a postal worker, sought wage-loss compensation after an accepted back strain and hip contusion. The Board found that he had not proved several earlier periods of disability or additional lumbar conditions. It returned questions about later partial disability when restricted work was…

March 19, 2018 ·ECAB
Mixed result
ALJ

Masis Multi Services, Inc.

Default entered after contest abandoned

Masis Multi Services timely contested a serious OSHA citation carrying a proposed $3,622 penalty. The company then failed to appear for two scheduled prehearing conferences and did not respond to repeated communications or two orders to show cause. The judge found that Masis displayed a pattern of…

March 19, 2018 ·Heather A. Joys ·OSHRC
Procedural
COMM

S.C. and U.S. Postal Service, University Station, Dallas, TX

Board upholds recovery of postal worker’s overpayment (ECAB 17-0762)

S.C., a postal worker, sought waiver of recovery of a $13,319.36 compensation overpayment. The Board upheld OWCP’s refusal to waive recovery. It also approved recovery through $200 deductions from continuing compensation payments.

March 19, 2018 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, Chicago, IL

Board upholds ten percent leg impairment award (ECAB 17-0732)

J.B., a postal worker, had accepted lumbar conditions after a work injury and received a schedule award for ten percent permanent impairment of her left leg. She sought a larger award. The Board found that the impairment evidence did not establish more than ten percent. It affirmed the award.

March 19, 2018 ·ECAB
Affirmed
COMM

D.G. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA

Board upholds termination of IRS employee’s benefits (ECAB 17-0608)

D.G., an IRS employee, received compensation for accepted conditions after a 2005 work injury. OWCP ended her wage-loss and medical benefits effective March 6, 2016. The Board found that OWCP had met its burden to terminate benefits. It also found that she had not established continuing disability…

March 19, 2018 ·ECAB
Affirmed
COMM

K.G. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms, & Explosives, Washington, DC

Board orders impartial review of melanoma claim (ECAB 17-0441)

K.G., a federal agent, had accepted respiratory conditions after work at the World Trade Center site. He sought to add melanoma to his claim. His physicians and OWCP’s referral physician disagreed on whether the site exposure caused it. The Board ordered an impartial specialist to resolve that…

March 19, 2018 ·ECAB
Remanded
ALJ

Pro-Spec Corporation, dba Pro-Spec Painting

Contest dismissed for discovery violations

Pro-Spec Painting timely contested OSHA citations but did not provide required documents or written interrogatory answers during prehearing discovery. The company cited bankruptcy and lack of resources, yet it failed to comply after multiple extensions, an order compelling discovery, and explicit…

March 19, 2018 ·Covette Rooney ·OSHRC
Citations affirmed
ALJ

Secretary of Labor v. Fred Thompson formerly employed by Fortune Revenue Silver Mines, Inc.

Secretary of Labor v. Fred Thompson (FMSHRC WEST 2018-51 M): Delay-based dismissal denied pending discovery

MSHA proposed $6,400 in individual civil penalties against former Revenue Mine manager Fred Thompson for alleged ventilation violations under 30 C.F.R. §§ 57.8529 and 57.5002. Thompson asked to dismiss the case because the penalties were proposed more than two years after the citation and order…

March 16, 2018 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Biljana Warner v. Naval Personnel Command/MWR c/o Contract Claimant Services

Warner v. Naval Personnel Command/MWR (BRB 17-0397 and 17-0397A): modified work and nominal award rulings affirmed

Biljana Warner was injured while working at a Camp Lejeune child development center and later moved to a receptionist job. After an earlier Board remand, the administrative law judge again found that the center's modified classroom position was not suitable for her because of her work-related…

March 16, 2018 ·BRB
Affirmed
COMM

D.H. and Department of Defense, Finance & Accounting Service, Indianapolis, IN

Board upholds late reconsideration denial (ECAB 18-0042)

D.H., a Defense Department employee, asked OWCP to reconsider a decision about renewed medical treatment for accepted injuries. Her request was late. The Board found that the submitted documents did not meet the clear evidence of error standard for an untimely request. It affirmed the refusal to…

March 16, 2018 ·ECAB
Affirmed
COMM

E.B. and U.S. Postal Service, Post Office, Camden, NJ

Board orders further review of shoulder condition claim (ECAB 17-1909)

E.B., a postal letter carrier, claimed a left shoulder condition from repeated work duties. His physician connected the condition to cumulative trauma and identified work factors and clinical findings. The Board found that the opinion required further development, though it did not itself prove the…

March 16, 2018 ·ECAB
Remanded
COMM

K.B. and Department of Homeland Security, Citizen & Immigration Services, Laguna Niguel, CA

Board upholds denial of workplace emotional condition claim (ECAB 17-0277)

K.B., a federal immigration services employee, alleged discrimination, threats, and unfair treatment at work. The Board found that he had not established a compensable employment factor. Grievances and allegations did not substantiate the claimed incidents. It affirmed the claim denial.

March 16, 2018 ·ECAB
Affirmed
COMM

M.S. and Department of the Army, Installation Management Command, Fort Meade, MD

Board upholds denial of late written record review (ECAB 17-0012)

M.S., an Army employee, sought review of the written record after OWCP denied his Lyme disease claim. He said he had not received the original decision and later received another copy. The Board found that the request was filed beyond the 30-day period measured from the original decision. It…

March 16, 2018 ·ECAB
Affirmed
COMM

F.M. and Department of Justice, U.S. Marshals Service, Fargo, ND

Board upholds denial of arm injury claim (ECAB 16-1848)

F.M., a U.S. Marshals Service employee, claimed a right upper extremity injury from accepted work factors. The Board found that the medical evidence did not adequately establish a causal link between those factors and the claimed injury. It affirmed the denial.

March 16, 2018 ·ECAB
Affirmed
COMM

G.M. and U.S. Postal Service, Post Office, Indianapolis, IN

Board rejects expansion of postal injury claim (ECAB 16-1764)

G.M., a postal employee, sought to add more diagnoses to a claim for a May 17, 2014 work injury. The Board found that his physicians did not adequately explain how the accepted injury caused the additional conditions. It affirmed OWCP’s refusal to expand the claim.

March 16, 2018 ·ECAB
Affirmed
COMM

P.T. and Department of the Treasury, Bureau of Engraving & Printing, Fort Worth, TX

Board upholds recovery of $22,574 overpayment (ECAB 16-1574)

P.T., a Treasury employee, received $22,574.53 in excess compensation from August 2010 through May 2015. The Board found that she was without fault but did not qualify for waiver of recovery. It upheld deductions of $310 every 28 days from continuing compensation.

March 16, 2018 ·ECAB
Affirmed
COMM

G.K. and U.S. Postal Service, Post Office, Bellflower, CA

Board orders impartial examination of back claim (ECAB 16-1119)

G.K., a postal worker, claimed a lumbar condition from his work duties. His physician and OWCP’s second-opinion physician disagreed on whether work caused or aggravated it. The Board found a medical conflict and ordered an impartial examination before a new decision.

March 16, 2018 ·ECAB
Remanded
COMM

Matter of Luis Manuel CERVANTES NUNEZ

Attempted voluntary manslaughter was a crime of violence

The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Mexican lawful permanent resident convicted of attempted voluntary manslaughter under California law. The Board held that the attempted offense requires a specific…

March 15, 2018 ·BIA
Remanded
COMM

J.G. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY

Board upholds lung award and overpayment recovery (ECAB 16-1533)

J.G., a Tennessee Valley Authority employee, sought a greater lung impairment award and merit reconsideration. He also challenged a $33,929.78 compensation overpayment and denial of waiver. The Board found no impairment above the previously awarded 26 percent, upheld the reconsideration refusal…

March 15, 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.