Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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Howard Henning v. Marine Terminals Corporation - East and Ports Insurance Company
Henning v. Marine Terminals Corporation - East (BRB 17-0500): wage capacity calculation remanded
Howard Henning injured his shoulder and other body parts while driving equipment at the port of Baltimore for Marine Terminals Corporation - East. An administrative law judge found that he could no longer do his usual work but could perform lighter auto driving, and awarded permanent partial…
Denzel P. Richardson v. Paramont Coal Corporation
Richardson v. Paramont Coal (BRB 17-0292 BLA): May 2001 benefits start affirmed
Denzel Richardson was awarded black lung benefits after new x-ray evidence clarified that large lung opacities seen in earlier tests were complicated pneumoconiosis. His employer conceded entitlement but challenged the May 2001 benefits start date, arguing that the modification reflected a change…
Betty J. Marshall v. Consolidation Coal Company
Marshall v. Consolidation Coal (BRB 17-0288 BLA): survivor's award returned for new findings
Betty Marshall sought survivor's benefits after her husband, a coal miner, died. The judge awarded benefits after finding that pneumoconiosis contributed to his death. The Board upheld the finding of clinical pneumoconiosis but found that the judge may have wrongly shifted the burden to the…
C.S. and Department of Homeland Security, Customs & Border Protection, Washington, DC
Board returns attorney fee request for full approval (ECAB 18-0047)
C.S. approved an attorney fee request for $6,282.50, but OWCP approved only $1,470. The Board found that OWCP failed to account for her signed approval. It concluded that OWCP should have approved the full amount and returned the case for further action.
D.B. and U.S. Postal Service, Post Office, Bellville, IL
Board upholds denial of ankle schedule award (ECAB 18-0008)
D.B., a postal employee, sought a schedule award for permanent impairment of her right ankle. The Board found that she had not established ratable permanent impairment warranting an award. It affirmed OWCP’s denial.
J.W. and U.S. Postal Service, Post Office, Philadelphia, PA
Board upholds denial of recurrence claim (ECAB 17-1937)
J.W., a postal worker, sought benefits for disability beginning January 12, 2014 after an accepted January 28, 2009 injury. The Board found that he had not established that the later disability was causally related to the accepted injury. It affirmed the denial.
S.S. and U.S. Postal Service, Post Office, Baker, LA
Board returns postal worker’s back claim for new medical review (ECAB 17-1627)
S.S., a postal worker, claimed a back condition from an accepted January 15, 2013 work incident. OWCP relied on a second-opinion report to deny causation. The Board found that the physician did not adequately explain his conclusion and misstated when several diagnostic studies occurred. It ordered…
I.S. and U.S. Postal Service, Forest Hill Stations, Forest Hills, NY
Board upholds denial of right leg injury claim (ECAB 17-1252)
I.S., a postal employee, claimed that a December 24, 2014 work incident caused or aggravated right leg conditions. OWCP accepted the incident. The Board found that the medical evidence did not establish a causal link to the diagnosed conditions. It affirmed the denial.
M.B. and U.S. Postal Service, Post Office, Middlesex, NJ
Board upholds rescission of postal worker’s accepted injuries (ECAB 17-0688)
M.B., a postal worker, challenged OWCP’s rescission of accepted lumbar and right hip contusions. She also sought coverage for aggravation of preexisting neck, back, shoulder, and hip conditions. The Board upheld the rescission and found that she had not established the claimed aggravations.
G.G. and U.S. Postal Service, Post Office, Port Orange, FL
Board upholds denial of postal worker’s wage loss claim (ECAB 16-1069)
G.G., a postal worker, sought wage-loss compensation for total disability from January 20 through March 29, 2015 after a November 18, 2014 work injury. The Board found that he had not established that the accepted injury caused total disability during that period. It affirmed the denial.
Secretary of Labor obo Thomas McGary and Ron Bowersox and United Mine Workers of America International Union v. The Marshall County Coal Co., McElroy Coal Co., Murray American Energy, Inc., and Murray Energy Corp.
Secretary of Labor obo Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al. (FMSHRC WEVA 2015-583-D, et al.): CEO reading remedy affirmed on preservation grounds
MSHA brought interference claims against five Murray-affiliated underground coal mines after mandatory meetings told miners to inform management about safety complaints made to MSHA. The Commission had previously affirmed findings that the policy interfered with miners' rights to make anonymous…
Secretary of Labor v. SA Recycling
Corrected office failure supported reopening
SA Recycling failed to contest a proposed penalty after its facility manager did not notify the safety director of the MSHA inspection or forward the assessment. The company said the problem was an unusual one-time office failure, reprimanded the responsible manager, and changed its procedures to…
Secretary of Labor v. Peabody Twentymile Mining, LLC
Promptly discovered contest error excused
Peabody Twentymile Mining asked the Commission to reopen penalties that became final after an employee failed to send the intended contests to the correct MSHA office. The employee had previously handled contests properly, and the company discovered the error through MSHA's data system only a few…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Three citations vacated and guarding penalty reduced
Consol Pennsylvania Coal Company settled 16 of 20 citations from its Bailey Mine and tried four involving rock dust, two conveyor-guarding conditions, and an allegedly obstructed escapeway. The Judge vacated the rock-dust citation because the Secretary did not prove that the noncompliant sample was…
Los Alamos National Security, LLC and the U.S. Department of Energy
In re Los Alamos National Security, LLC and the U.S. Department of Energy (EAB NPDES Appeal No. 17-05): Outfall 051 permit termination denied
EPA Region 6 issued an NPDES permit for Los Alamos National Laboratory that covered eleven sanitary and industrial outfalls, including Outfall 051 from the Radioactive Liquid Waste Treatment Facility. Concerned Citizens for Nuclear Safety asked EPA to terminate the permit for Outfall 051 because no…
Secretary of Labor v. Revelation Energy, LLC
Timely answer made default order a nullity
Revelation Energy asked the Commission to reopen a default order entered after the operator appeared not to answer the Secretary's civil-penalty petition. Revelation showed that it had mailed a timely answer and notice of contest but mistakenly wrote docket number KENT 2016-0331 instead of KENT…
Secretary of Labor v. Revelation Energy, LLC
Default reopening denied for repeated office failures
Revelation Energy asked the Commission to reopen a default order after failing to answer the Secretary's civil-penalty petition and later failing to respond on time to an order to show cause. The operator said the docket had been overlooked by its office but did not explain the underlying…
Matter of Willy de Jesus ROSA
School-zone cocaine offense was aggravated-felony trafficking
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge found that a Dominican Republic lawful permanent resident's New Jersey conviction for possessing cocaine with intent to distribute near school property was not an aggravated felony. The Board held that…
Secretary of Labor v. Texas Architectural Aggregate, Inc.
Mistaken default reopened and remanded
Texas Architectural Aggregate asked the Commission to reopen a default after citations from one inspection were placed in two dockets and the operator mistakenly believed its filing in the other docket had also contested this case. The operator said it did not receive the order to show cause and…
George W. Phillips v. Guest Mountain Mining Corporation
Phillips v. Guest Mountain Mining (BRB 17-0301 BLA): black lung benefits award affirmed
George Phillips had at least 15 years of qualifying coal mine work, 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 did not rebut it. On appeal, the Board upheld the judge's…
Georgia Ann Polson v. International Truck & Engine Corporation
Polson v. International Truck & Engine (BRB 17-0293 BLA): survivor's benefits award affirmed
Georgia Ann Polson sought survivor's benefits after her husband, who had worked underground in coal mining for 21 years, died. The judge found that his treatment records and a pulmonary function study showed a totally disabling respiratory condition, allowing Polson to use the 15-year presumption…
Vincent J. Slone, Jr. v. Harman Brothers Coal Company, Incorporated
Slone v. Harman Brothers Coal (BRB 17-0230 BLA): benefits award returned for test review
Vincent Slone received black lung benefits on his fifth claim after the judge found a disabling respiratory impairment caused by coal dust. His employer challenged whether pulmonary function studies were valid. The Board held that the judge had not addressed doctors' evidence questioning several…
D.M. and Department of Justice, Federal Bureau of Investigation, Quantico, VA
Board returns hearing award for tinnitus explanation (ECAB 17-1832)
D.M., an FBI employee, had a schedule award for 21 percent hearing loss in both ears. An OWCP referral examination produced a higher rating that included tinnitus. The Board found that the record did not explain how tinnitus affected his daily activities, as the rating method required. It ordered…
T.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Beckley, WV
Board recognizes diagnosed injury but upholds claim denial (ECAB 17-1819)
T.W., a VA employee, claimed an injury from a May 31, 2017 work incident. The Board found that a signed imaging report supported her chiropractor’s diagnosis of lumbar subluxations. It modified OWCP’s reasoning on that point, but found that the medical reports still lacked a reasoned causal…
S.L. and U.S. Postal Service, Processing & Distribution Center, Palatine, IL
Board orders investigation records for emotional claim (ECAB 17-1780)
S.L., a postal worker, alleged that a coworker yelled insults and profanity at her during work. The Postal Service said it was investigating the incident, but OWCP denied her claim without seeking the results. The Board ordered OWCP to obtain available investigation evidence and make new factual…
B.B. and Department of the Air Force, Onizuka Air Force Station, Sunnyvale, CA
Board upholds wage earning capacity determination (ECAB 17-1757)
B.B., an Air Force employee, sought modification of an October 11, 2016 loss of wage-earning capacity decision. He argued that OWCP should have expanded his accepted conditions first. The Board found that he had not met the standard for modifying the earlier determination. It affirmed OWCP’s…
R.H. and U.S. Postal Service, Post Office, Malden, MA
Board returns postal worker’s knee arthritis claim (ECAB 17-1477)
R.H., a postal letter carrier, attributed bilateral knee osteoarthritis to his work duties. OWCP treated differing medical opinions as a conflict, but the Board found that its medical adviser had not adequately supported his contrary view. The later referral opinion did not discuss R.H.’s specific…
P.E. and U.S. Postal Service, Post Office, Saint Louis, MO
Board returns right leg impairment rating for new review (ECAB 17-0961)
P.E., a postal employee, sought more than the six percent right leg impairment already awarded. The Board found that the medical opinions used different diagnoses and did not adequately explain their impairment calculations. It ordered a new second-opinion examination and a fresh decision on the…
G.B. and Department of the Treasury, Internal Revenue Service, Holtsville, NY
Board upholds 25 percent leg impairment award (ECAB 17-0788)
G.B., an IRS employee, had received a schedule award for 25 percent permanent impairment of his right leg. He argued that the medical record supported 31 percent. The Board found that he had not established impairment greater than the 25 percent already awarded. It affirmed OWCP’s decision.
D.F. and U.S. Postal Service, Post Office, Phoenix, AZ
Board upholds refusal of late reconsideration request (ECAB 17-0745)
D.F., a postal employee, sought reconsideration of an earlier claim decision. Her request was filed outside the applicable period. The Board found that her submission did not demonstrate clear evidence of error needed to reopen an untimely request. It affirmed the refusal.
H.B. and Department of the Navy, Military Sealift Command, El Paso Health Care System, Norfolk, VA
Board upholds Navy injury denial and late hearing refusal (ECAB 16-1753)
H.B., a Navy employee, claimed an injury in the performance of duty on April 12, 2016. The Board found that he had not established the alleged injury. It also found that his hearing request was untimely. It affirmed both OWCP decisions.
Mildred R. Rainwater v. Jarcoal Mining, LLC
Rainwater v. Jarcoal Mining (BRB 17-0269 BLA): survivor's benefits denial affirmed
Mildred Rainwater sought survivor's benefits after her husband, who had worked underground in coal mining for nearly 20 years, died. The judge found no proof that he had a totally disabling respiratory impairment, so the 15-year presumption did not apply. The Board held that family testimony alone…
Rudolph Simon v. Westmoreland Coal Company
Simon v. Westmoreland Coal (BRB 17-0157 BLA): benefits denial affirmed on disability evidence
Rudolph Simon filed another black lung claim after earlier denials and argued that new evidence showed a totally disabling respiratory impairment. The judge credited him with 14.75 years of coal mine work but found that the medical evidence did not establish total disability. The Board upheld the…
Komatsu v. NTT Data, Inc.
Komatsu v. NTT Data (DOL ARB 2016-0069): Sarbanes-Oxley complaint dismissed as late
Towaki Komatsu alleged that NTT Data and Credit Suisse violated Sarbanes-Oxley whistleblower protections after his position was eliminated in April 2012. He filed a complaint with OSHA in October 2015, well beyond the law's 180-day deadline. An administrative law judge dismissed it as untimely, and…
L.J. and U.S. Postal Service, Post Office, Blairstown, NJ
Board upholds denial of right elbow condition claim (ECAB 17-1993)
L.J., a postal worker, asked OWCP to recognize a right elbow condition as related to her accepted February 26, 2014 work injury. The Board found that the medical evidence did not establish the claimed causal relationship. It affirmed the denial.
P.H. and U.S. Postal Service, Post Office, Oklahoma City, OK
Board upholds forfeiture and $43,832 overpayment (ECAB 17-1362)
P.H., a postal employee, challenged forfeiture of compensation and a resulting $43,832.60 overpayment. The Board upheld the forfeiture, found her at fault in creating the debt, and affirmed denial of waiver. It also approved recovery through $250 deductions from continuing compensation payments.
Y.H. and U.S. Postal Service, Post Office, Whitestone, NY
Board returns postal worker’s surgery related wage claim (ECAB 17-1303)
Y.H., a postal employee, sought wage-loss compensation after knee surgery and during later physical therapy. OWCP awarded an earlier disability period but did not clearly decide whether the surgery should be authorized or whether attendance at authorized treatment caused compensable absences. The…
K.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Sioux Falls, SD
Board directs OWCP to follow prior remand on neck claim (ECAB 17-0969)
K.B., a VA employee, claimed that her work through 2007 contributed to neck and shoulder conditions. The Board had already instructed OWCP to evaluate a physician’s report with those work years in view. OWCP instead rejected the report again because it discussed work from 2006 to 2007. The Board…
T.T. and U.S. Postal Service, Post Office, White Plains, NY
Board rejects additional conditions in postal injury claim (ECAB 17-0681)
T.T., a postal employee, asked OWCP to add medical conditions to her claim for a March 12, 2016 work injury. The Board found that the medical evidence did not establish a causal link between the accepted injury and the additional diagnoses. It affirmed the refusal to expand the claim.
B.V. and U.S. Postal Service, Main Post Office, Alexandria, LA
Board upholds denial of schedule award (ECAB 17-0656)
B.V., a postal worker, sought a schedule award for permanent impairment. The Board found that he had not established permanent impairment of a member covered by the schedule award provision. It affirmed OWCP’s denial.
M.M. and U.S. Postal Service, Post Office, Birmingham, AL
Board upholds denial of additional disability days (ECAB 17-0438)
M.M., a postal worker, sought compensation for intermittent total disability between September 27 and October 26, 2015 after an accepted July 28, 2015 injury. The Board found that the evidence did not establish the additional claimed periods of disability as resulting from the injury. It affirmed…
M.W. and U.S. Postal Service, Post Office, Lemont, IL
Board upholds denial of cervical spine claim (ECAB 17-0186)
M.W., a postal employee, claimed that he developed a cervical spine condition in the performance of duty around December 6, 2012. The Board found that the record did not establish the claimed work-related condition. It affirmed OWCP’s denial.
Cranesville Aggregate Companies, Inc., d/b/a Scotia Bag
Case remanded after court reversal
An administrative law judge vacated six OSHA citations after concluding that Mine Safety and Health Administration standards applied to the cited conditions and preempted OSHA authority. That ruling became a final Commission order. The Second Circuit reversed, holding that the Commission had not…
J.F. and U.S. Postal Service, Post Office, Flowery Branch, GA
Board returns right arm impairment rating (ECAB 17-1726)
J.F., a postal worker, sought more than the 18 percent right arm impairment already awarded. The Board found that OWCP’s medical adviser had not adequately supported the range-of-motion calculations or used all relevant shoulder measurements. It ordered further measurements and a new impairment…
D.Q. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MI
Board upholds termination of VA employee’s benefits (ECAB 17-1302)
D.Q., a VA employee, challenged the termination of benefits for an accepted work injury. The Board found that OWCP met its burden to end wage-loss compensation and medical benefits effective March 3, 2017. It affirmed the termination decision.
W.G. and Department of the Navy, Joint Base Pearl Harbor-Hickam, HI
Board returns Navy hearing award for calibrated test review (ECAB 17-1090)
W.G., a Navy employee, sought a schedule award for hearing loss and reconsideration of the denial. OWCP’s medical adviser relied on an employer audiogram instead of the documented calibrated test. The Board ordered a supplemental medical review using the proper audiometric evidence and a new…
B.P. and Department of Veterans Affairs, Veterans Health Administration, North Little Rock, AR
Board returns VA employee’s fall claim for further facts (ECAB 17-0580)
B.P., a VA employee, fell on workplace stairs. OWCP denied the claim based on intoxication and the circumstances of the fall. The Board found that the record did not establish intoxication as the cause and lacked a witness account needed to resolve the incident. It ordered OWCP to obtain that…
R.H. and Department of Justice, Ray Brook Federal Correctional Institution, Ray Brook, NY
Board upholds 13 percent hearing award (ECAB 17-0434)
R.H., a federal correctional institution employee, sought a larger award for hearing loss in both ears. He had previously received schedule awards totaling 13 percent binaural hearing impairment. The Board found that he had not established hearing loss above that rating. It affirmed OWCP’s decision.
M.P. and Department of Homeland Security, U.S. Customs & Border Protection, Miami, FL
Board upholds refusal of late reconsideration request (ECAB 17-0367)
M.P., a Customs and Border Protection employee, sought reconsideration of an earlier claim decision. The Board found that the request was filed late and did not demonstrate clear evidence of error. It affirmed OWCP’s refusal to reopen the merits.
S.H. and U.S. Postal Service, Mid-Cape Carrier Annex, Cape Coral, FL
Board upholds zero benefit reduction for rehabilitation refusal (ECAB 16-1827)
S.H., a postal worker, challenged OWCP’s reduction of compensation to zero effective October 14, 2015. The Board found that he had failed to cooperate with vocational rehabilitation. It upheld the resulting benefit reduction.
F.T. and Department of Homeland Security, Transportation Security Administration, Chicago, IL
Board upholds denial of permanent impairment award (ECAB 16-1326)
F.T., a transportation security officer, had accepted knee and back sprains after a passenger tripped him at work. He sought a schedule award for permanent impairment. The Board found that the medical evidence did not establish eligible permanent impairment from the accepted injury. It affirmed…
United States Department of the Air Force, 47th Flying Training Wing, Laughlin Air Force Base, Del Rio, Texas (Agency) and American Federation of Government Employees, Local 1749 (Union)
Laughlin Air Force Base and AFGE Local 1749 (FLRA 0-AR-5156): Paid-break backpay set aside again
Aircraft-simulator instructors were denied contractually required paid lunch and rest breaks on days when they conducted flight simulations. The Authority had already upheld the contract violation but remanded after finding that overtime backpay was unavailable because the employees had still…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Original mixed citation ruling
This is the original release of the Bailey Mine decision that vacated three citations and modified a fourth guarding citation to non-S&S with low negligence and a $150 penalty. The Judge found that MSHA had not reliably established the location of a rock-dust sample, that an unlatched area-guarding…
Secretary of Labor obo Holly A. Coffey v. Txoma Mining, LLC
Compliance clerk temporarily reinstated
Holly Coffey handled MSHA records and compliance work at Txoma Mining's P8 North Mine and threatened to contact MSHA after learning that requested replacement self-rescuers had not been ordered. Weeks later, Txoma radically changed her schedule and duties during a broader cost-cutting…
K.S. and U.S. Postal Service, Post Office, North Metro, GA
Board upholds shoulder claim and hearing denials (ECAB 17-2001)
K.S., a postal worker, claimed a left shoulder and arm injury in the performance of duty on April 25, 2017. The Board found that she had not established the alleged injury. It also upheld OWCP’s denial of her untimely oral hearing request. Both decisions were affirmed.
A.S. and U.S. Postal Service, Post Office, Portland, ME
Board upholds refusal of late reconsideration request (ECAB 17-1991)
A.S., a postal employee, asked OWCP to reconsider an earlier claim decision after the filing deadline. The Board found that the request did not demonstrate clear evidence of error needed for late reconsideration. It affirmed OWCP’s refusal to reopen the claim.
K.B. and Department of the Army, Fort Knox, KY
Board upholds denial of shoulder injury claim (ECAB 17-1928)
K.B., an Army employee, claimed a right shoulder injury from an accepted October 15, 2010 employment incident. The Board found that the medical evidence did not establish that the incident caused the claimed shoulder condition. It affirmed the denial.
E.J. and Department of Justice, Drug Enforcement Administration, Tacoma, WA
Board upholds denial of hearing and tinnitus claim (ECAB 17-1755)
E.J., a Drug Enforcement Administration employee, claimed left-sided hearing loss and tinnitus after an accepted May 26, 2017 work incident. The Board found that the medical evidence did not establish a causal relationship. It affirmed OWCP’s denial.
L.P. and U.S. Postal Service, Post Office, Bend, OR
Board returns earning capacity claim for accepted condition review (ECAB 17-1624)
L.P., a postal worker, sought to modify a 2009 wage-earning capacity determination after worsening back symptoms. The Board found that OWCP had authorized surgery at L4-5 without clearly deciding whether the related condition was accepted. It ordered OWCP to clarify accepted conditions and obtain a…
L.B. and U.S. Postal Service, Post Office, Brooklyn, NY
Board upholds leg claim denial and reconsideration refusal (ECAB 17-1600)
L.B., a postal worker, claimed right leg conditions after an accepted February 18, 2016 work incident. The Board found that she had not established medical causation. It also upheld OWCP’s refusal to reconsider the claim on the merits. Both decisions were 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.