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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E.C. and U.S. Postal Service, Post Office, Murray Branch, Cincinnati, OH
Board upholds denial of neck condition claim (ECAB 17-0902)
E.C., a postal worker, claimed a neck condition from an accepted September 28, 2013 work incident. The Board found that the medical evidence did not establish a causal connection between the incident and the claimed condition. It affirmed the denial.
Y.C. and U.S. Postal Service, Post Office, Philadelphia, PA
Board upholds prior postal worker earning capacity ruling (ECAB 17-0380)
Y.C., a postal worker, sought to change an August 15, 2011 loss of wage-earning capacity decision. The Board found that she had not established grounds for modification of that determination. It affirmed OWCP’s refusal.
Secretary of Labor v. Armstrong Coal Company, Inc.
Fifth-hour dust examination order affirmed
Armstrong Coal's Parkway Mine was required by its ventilation plan to perform additional respirable-dust parameter checks during the fifth hour of each production shift. During an impact inspection, MSHA found that the checks had not been completed on either mechanized mining unit and issued a…
Latigo v. ENI Trading & Shipping
Whistleblower dismissal affirmed
Trading analyst Heriberto Latigo claimed that ENI Trading & Shipping suspended and fired him after he reported an accounting discrepancy. An administrative law judge dismissed his Sarbanes-Oxley complaint on summary decision. The Board found that an outside investigation supported the employer's…
J.B. and U.S. Postal Service, Post Office, St. Louis, MO
Board upholds denial of carpal tunnel claim (ECAB 18-0006)
J.B., a postal worker, claimed bilateral carpal tunnel syndrome from accepted work factors. The Board found that the medical evidence did not adequately establish a causal link between her duties and the diagnosed conditions. It affirmed the denial.
J.B. and Department of the Air Force, Altus Air Force Base, OK
Board grants full left leg impairment award (ECAB 17-1907)
J.B., an Air Force employee, had previously received schedule awards totaling 70 percent permanent impairment of his left leg. He sought a full impairment rating. The Board held that the below-knee amputation qualified as loss of the leg under 5 U.S.C. § 8107(c)(16), regardless of the lower medical…
C.R. and U.S. Postal Service, Lanier Carrier Annex, Cumming, GA
Board upholds impairment date and late review refusal (ECAB 17-1872)
C.R., a postal worker, disputed the maximum medical improvement date used for her schedule award. She also sought review of the written record. The Board upheld OWCP’s impairment date and found that the review request was untimely. It affirmed both decisions.
D.D. and U.S. Postal Service, Post Office, Desert Hot Springs, CA
Board upholds refusal of late reconsideration request (ECAB 17-1750)
D.D., a postal employee, argued that her reconsideration request had been timely filed. The Board found that the request was late and that the submission did not demonstrate clear evidence of error. It affirmed OWCP’s refusal to reopen the merits.
W.M. and U.S. Postal Service, Post Office, California, PA
Board returns termination case for missing surveillance record (ECAB 17-1667)
W.M., a postal worker, challenged termination of wage-loss benefits. OWCP relied in part on surveillance videos when weighing a medical opinion, but the three video discs were missing from the record sent to the Board. The Board could not review the decision without that evidence. It ordered OWCP…
L.H. and U.S. Postal Service, Post Office, Las Vegas, NV
Board orders further review of knee arthritis claim (ECAB 17-0947)
L.H., a postal letter carrier, attributed right knee arthritis to years of walking, stairs, and other delivery duties. Her doctor described a possible mechanism linking the duties to the condition. The Board found that the opinion warranted more development even though it did not yet prove…
J.S. and Department of the Treasury, U.S. Mint, Philadelphia, PA
Board returns $537 overpayment for retirement records (ECAB 16-1920)
J.S., a U.S. Mint employee, was assessed a $537.41 overpayment based on alleged overlap between compensation and Social Security retirement benefits. The Board found that the record did not establish which federal retirement system covered him or document receipt of the Social Security benefits in…
R.E. and U.S. Postal Service, Post Office, Glidden, WI
Board upholds denial of postal worker’s injury claim (ECAB 16-1916)
R.E., a postal worker, claimed a traumatic injury after an accepted March 19, 2016 work incident. The Board found that the medical evidence did not establish that the incident caused the claimed injury. It affirmed the denial.
L.G. and Department of the Army, Dental Clinic, Fort Drum, NY
Board upholds denial of dental clinic worker’s wrist claim (ECAB 16-1074)
L.G., an Army dental clinic employee, attributed right carpal tunnel syndrome to her federal work. The Board found that the medical evidence did not establish the required causal relationship. It affirmed OWCP’s denial.
American Federation of Government Employees, Local 1502 (Union) and United States Department of the Army, Madigan Army Medical Center, Tacoma, Washington (Agency)
AFGE Local 1502 and Madigan Army Medical Center (FLRA 0-NG-3382): Probation proposals deferred to ULP case
The Army announced a two-year probationary period under 10 U.S.C. § 1599e, and AFGE submitted thirty-three proposals about its effects on employees. The Union also filed an unfair-labor-practice charge alleging that the Army repudiated a settlement requiring bargaining over those proposals. The…
General Electric Company
In re General Electric Company (EAB RCRA Appeal No. 16-01): partial reconsideration denied
EPA Region 1 asked the Environmental Appeals Board to reconsider part of its January 26, 2018 decision concerning General Electric Company's RCRA corrective action permit for PCB contamination in the Housatonic River. The earlier decision had remanded permit provisions dealing with additional…
Secretary of Labor v. Milestone Materials DIV/Mathy Construction
Unopposed penalty reopening granted
Milestone Materials asked the Commission to reopen a penalty assessment that had become a final Commission order after it was not timely contested. The official order does not state why the operator missed the contest deadline or provide further facts supporting the request. The Secretary did not…
Matter of A-B-, Respondent
Attorney General referred the private-crime social-group question
The Attorney General referred the Board’s decision in a removal case for review of whether being a victim of private criminal activity can constitute a cognizable particular social group. That question affects applications for asylum and withholding of removal. The referral stayed the Board’s…
John N. Woods v. Harry Pepper and Associates, Incorporated
Woods v. Harry Pepper and Associates (BRB 18-0126): appeal dismissed after hearing referral
John N. Woods challenged a 2010 Longshore Act settlement with Harry Pepper and Associates, alleging that the employer obtained it by fraud. The district director rejected his claim and initially delayed sending the matter to an administrative law judge. Woods appealed both actions to the Board. The…
Kanishka Piloti v. Mission Essential Personnel, L.L.C. and Ace American Insurance Company
Piloti v. Mission Essential Personnel (BRB 17-0504): earlier disability onset rejected
Kanishka Piloti worked as a linguist for Mission Essential Personnel in Afghanistan and developed work-related post-traumatic stress disorder. The parties agreed that his temporary total disability benefits began December 29, 2014, but Piloti argued that disability began when he left Afghanistan on…
John Speller v. Ports America/P & O Ports Virginia, Incorporated
Speller v. Ports America/P & O Ports Virginia (BRB 17-0279): disability benefits award affirmed
Ports America/P & O Ports Virginia, Incorporated appealed after an administrative law judge awarded John Speller temporary and permanent total disability benefits for a February 2013 neck injury sustained while working for the employer. The employer argued that the prior stipulated compensation…
K.G. and Department of Agriculture, Forest Service, Bloomfield, NM
Board upholds Forest Service injury denial (ECAB 17-2022)
K.G., a Forest Service employee, claimed an injury after an accepted July 18, 2017 work incident. The Board found that the medical evidence did not establish a causal link between the incident and a diagnosed injury. It affirmed the claim denial.
L.C. and U.S. Postal Service, Post Office, Milwaukee, WI
Board upholds denial of work-related injury claim (ECAB 17-1878)
L.C., a postal worker, claimed an injury from accepted factors of her federal employment. The Board found that the medical evidence did not establish that those factors caused the claimed condition. It affirmed OWCP’s denial.
S.C. and Department of the Navy, Marine Corp Base Dispensory Camp Yermo, Barstow, CA
Board upholds wage reduction based on safety manager earnings (ECAB 17-1856)
S.C., a Navy employee, earned wages in private employment as a safety manager while receiving compensation. OWCP reduced benefits to reflect those actual earnings. The Board found the reduction proper and affirmed the decision.
J.E. and U.S. Postal Service, Post Office, Mammoth Lakes, CA
Board upholds denial of emotional condition claim (ECAB 17-1799)
J.E., a postal worker, attributed an emotional condition to being overworked and trying to meet job demands. The Board found that he had not established an emotional condition in the performance of duty under the claim presented. It affirmed OWCP’s denial.
R.E. and Department of the Army, Defense Commissary Agency, Fort Benning, GA
Board sets aside wage denial after back pay resolves claim (ECAB 17-1289)
R.E., a commissary employee, sought wage-loss compensation for May 13 through June 4, 2011. An employment decision later awarded back pay covering those dates. The Board held that the wage-loss question was moot because she had received wages for the claimed period. It set aside OWCP’s denial…
H.B. and U.S. Postal Service, Post Office, Rand, WV
Board upholds refusal of late reconsideration request (ECAB 17-0414)
H.B., a postal employee, sought reconsideration after the filing deadline. The Board found that the request did not demonstrate clear evidence of error in the earlier decision. It affirmed OWCP’s refusal to reopen the merits.
R.R. and U.S. Postal Service, Post Office, Gainesville, GA
Board returns both arm impairment ratings (ECAB 17-0114)
R.R., a postal worker, sought more than 24 percent impairment of his left arm and 17 percent of his right arm. The Board found that OWCP had applied inconsistent methods for upper extremity ratings. It ordered a uniform method and one new decision covering both arm claims.
Frame Q, LLC
Late contest dismissed after address change
Frame Q received serious, willful, and repeat citations with $20,680 in proposed penalties after an OSHA inspection of a New Jersey construction site. The company filed its notice of contest long after the deadline and claimed it had moved and did not receive the citation package. The judge found…
B.R. and Department of the Navy, Naval Aviation Depot, Jacksonville, FL
Board upholds $25,667 overpayment recovery (ECAB 16-1780)
B.R., a Navy employee, challenged a $25,667.99 compensation overpayment covering September 2014 through March 2015. The Board upheld the amount and OWCP’s refusal to waive recovery. It affirmed the overpayment decision.
N.W. and Department of the Treasury, Internal Revenue Service, Evansville, IN
Board upholds IRS employee’s injury claim denial (ECAB 16-1736)
N.W., an IRS employee, claimed an injury from an accepted April 11, 2013 work incident. The Board found that the medical evidence did not adequately connect the claimed injury to that incident. It affirmed the denial.
Maria Jordan v. Dyncorp International, LLC
Jordan v. Dyncorp International (BRB 18-0158): appeal dismissed because letter was not appealable
Maria Jordan appealed a December 19, 2017 letter from the district director in a Longshore claim against Dyncorp International, LLC and Continental Casualty Company. The letter told her counsel that requested emails were not part of the official administrative law judge record and had been sealed…
Jenkins v. United States Environmental Protection Agency
Jenkins v. EPA (DOL ARB 2016-0027 and 2016-0046): Remedies issue returned to judge
Cate Jenkins pursued a Clean Air Act whistleblower claim against the Environmental Protection Agency and sought attorney fees, costs, and compensatory damages. A substitute administrative law judge issued a remedies decision, which Jenkins appealed to the Board. While that appeal was pending, the…
R.H. and U.S. Postal Service, Post Office, Philadelphia, PA
Board returns mail handler’s occupational disease claim (ECAB 17-1966)
R.H., a postal mail handler, attributed neck and upper body conditions to repetitive lifting and moving heavy containers. Her physician described a possible work-related aggravation. The Board found that the opinion warranted further development even though it did not yet prove the claim. It…
M.K. and U.S. Postal Service, Hartford Processing & Distribution Center, Hartford, CT
Board upholds denial of elbow injury claim (ECAB 17-1956)
M.K., a postal employee, claimed a left elbow injury after an accepted September 28, 2016 work incident. The Board found that the medical evidence did not adequately connect the diagnosed condition to the incident. It affirmed the denial.
L.C. and Department of Homeland Security, Customs & Border Protection, Savannah, GA
Board upholds refusal of late reconsideration request (ECAB 17-1951)
L.C., a Customs and Border Protection employee, asked OWCP to reopen an earlier claim decision after the filing deadline. The Board found that the request did not demonstrate clear evidence of error. It affirmed the refusal to reconsider the merits.
E.N. and Department of Veterans Affairs, San Juan Veterans Affairs Medical Center, San Juan, PR
Board upholds denial of chemical exposure respiratory claim (ECAB 17-1895)
E.N., a VA medical center employee, reported an acute respiratory episode after an accepted June 8, 2017 chemical exposure at work. The Board found that the medical evidence did not establish that the exposure caused the claimed condition. It affirmed OWCP’s denial.
H.T. and U.S. Postal Service, Morris Processing & Delivery Center, Washington, DC
Board upholds $4,233 schedule award overpayment (ECAB 17-1805)
H.T., a postal worker, received an improper schedule award payment that created a $4,233.16 compensation overpayment. The Board upheld the debt and OWCP’s refusal to waive recovery. It affirmed the overpayment decision.
G.S. and U.S. Postal Service, Richmond Processing & Distribution Center, Sandston, VA
Board returns postal supervisor’s stress claim (ECAB 17-1517)
G.S., a postal supervisor, attributed anxiety to being the sole supervisor on a busy understaffed shift. The Board accepted those work factors and found that a physician’s opinion suggesting a work connection warranted further development. It ordered a reasoned medical opinion and a new decision.
J.B. and U.S. Postal Service, Post Office, Pompano Beach, FL
Board upholds denial of letter carrier assault claim (ECAB 17-0730)
J.B., a letter carrier, was assaulted while delivering mail. The Board found that the assault stemmed from a personal dispute rather than a factor of his postal work. It therefore found that the injury did not arise in the performance of duty and affirmed the denial.
W.T. and Department of Defense, Defense Contract Management Agency, Madison, AL
Board upholds refusal of merit reconsideration (ECAB 16-1256)
W.T., a Defense Department employee, requested reconsideration of an earlier compensation decision. The Board found that his submission did not meet the standard for reopening the merits. It affirmed OWCP’s refusal without deciding the underlying claim.
United States Department of the Air Force, Pope Air Force Base, North Carolina (Agency) and American Federation of Government Employees, Local 1770 (Union)
Pope Air Force Base and AFGE Local 1770 (FLRA 0-AR-4830): Reconsideration denied after late response
The Air Force filed exceptions to an arbitration award without evidence showing when and how the award was served. It responded late to an order requiring it to explain why the exceptions should not be dismissed, stating that counsel had been away for another arbitration and later learned of the…
Secretary of Labor v. RMS Gravel, Inc.
Expected citation revision supported reopening
RMS Gravel did not contest a citation because it believed an MSHA inspector had said that a revised citation would be issued. No revision arrived, and the operator learned from counsel after a delinquency notice that the original citation and assessment had become final. The Secretary denied that…
Secretary of Labor v. Marfork Coal Company
Incomplete contest packet excused
Marfork Coal timely mailed a notice of contest but an employee inadvertently omitted the final two pages of the proposed assessment. Because of the missing pages, the Secretary did not learn that Marfork intended to contest eight citations, and the penalties became final. Marfork discovered the…
Secretary of Labor v. San Benito Supply
Deadline-day mailing made reopening moot
San Benito Supply received a proposed assessment and mailed its notice of contest by certified mail on the final day of the 30-day period. MSHA received the parcel six days later and initially treated the contest as untimely. In responding to the reopening motion, the Secretary changed position and…
Secretary of Labor v. Lisbon Valley Mining Co., LLC
Contest sent to district office excused
Lisbon Valley Mining tried to contest a proposed assessment by contacting MSHA's Rocky Mountain District instead of filing with the Office of Assessments in Arlington. The operator supported its account with a district-office letter and a series of emails but did not learn that the contest had gone…
Secretary of Labor v. Prairie State Generating Company, LLC
Timely mailed contest prevented finality
Prairie State Generating received a proposed penalty assessment and mailed its notice of contest within the 30-day period. Postal tracking showed that MSHA's Arlington office received the contest two days later, but MSHA later sent a delinquency notice and treated the assessment as final. Prairie…
Secretary of Labor v. The American Coal Company
Tie vote denied flagrant-violation settlement
American Coal and the Secretary proposed settling two section 75.400 accumulation orders from 2007 after years of litigation over S&S, unwarrantable-failure, flagrant-violation, negligence, gravity, and penalty findings. The agreement would leave the first order's $101,475 penalty and flagrant…
Secretary of Labor v. Huelsman-Sweeney Construction, Inc.
Reliable contest system supported reopening
Huelsman-Sweeney Construction decided to contest a proposed assessment on the day it arrived and immediately instructed counsel to prepare the filing. Counsel's affidavit and billing records showed that he discussed and drafted the contest that day under a normally reliable office procedure, but…
Matter of E-F-H-L-, Respondent
Attorney General vacated a moot Board decision
The respondent conceded removability and applied for asylum and withholding of removal. The Immigration Judge denied the application without an evidentiary hearing, finding that it did not make a prima facie case, and the Board remanded for a full hearing. The respondent later withdrew the…
Secretary of Labor v. Ricky J. Palasota, Jr. employed by BVS Construction, Inc.
Secretary of Labor v. Ricky J. Palasota, Jr. (FMSHRC CENT 2017-341 M): Nonparty could not reopen company assessment
MSHA assessed $65,418 against BVS Construction and mailed the assessment to the company's address with Ricky Palasota Jr.'s name because agency records listed him as an officer. Palasota and his attorney mistakenly believed the assessment imposed personal liability and moved to reopen before the…
Secretary of Labor v. SSS, Inc.
Misaddressed contest excused and assessment reopened
SSS intended to contest part of a proposed penalty assessment but mistakenly enclosed its notice with payment for another citation and mailed both to MSHA's payment center instead of the contest office. The operator learned of the error from a delinquency notice, contacted MSHA immediately, and…
Secretary of Labor v. Texrock Industries, LLC
Family medical emergency excused late contest
Texrock, a very small mine, filed its penalty contest after the deadline because the owner responsible for the assessment was dealing with a severe family medical condition. The record contained inconsistent dates for the contest letter and overnight mailing, but Texrock ultimately acknowledged the…
Secretary of Labor v. Midwest Mechanical Industrial Services
Two-case filing mix-up excused
Midwest Mechanical said it mailed a penalty contest before the deadline, but it had no certified-mail record and MSHA did not receive the filing. Documents attached to the reopening motion instead suggested that Midwest later combined the contest with paperwork for a different pending case. Even…
C.A. and U.S. Postal Service, Post Office, New York, NY
Board orders review of overlooked reconsideration evidence (ECAB 17-1998)
C.A., a postal worker, submitted medical reports, photographs, and employment records with a reconsideration request. OWCP said some of that evidence was missing, although the record showed it had been received before the decision. The Board ordered OWCP to review the submitted evidence and issue a…
A.D. and Department of Transportation, Federal Motor Carrier Safety Administration, Federal Aviation Administration, San Diego, CA
Board upholds denial of schedule award as premature (ECAB 17-1996)
A.D., a Transportation Department employee, sought a schedule award for permanent impairment. The Board found that he had not shown that he reached maximum medical improvement, a prerequisite to rating permanent impairment. It affirmed OWCP’s denial.
K.J. and Department of Veterans Affairs, Veterans Health Administration, Lyons, NJ
Board upholds finding of unjustified suitable work refusal (ECAB 17-1971)
K.J., a VA employee, declined a position OWCP found suitable. She argued that her refusal was justified. The Board found that she had not established a valid reason for refusing the work and affirmed OWCP’s decision.
G.B. and Department of Veterans Affairs, West Palm Beach Medical Center, West Palm Beach, FL
Board upholds denial of VA employee’s injury claim (ECAB 17-1901)
G.B., a VA medical center employee, claimed an injury after an accepted April 7, 2017 work incident. The Board found that the medical evidence did not establish a causal link between the incident and a diagnosed injury. It affirmed the denial.
W.G. and Department of Justice, Federal Bureau of Prisons, Fairton, NJ
Board upholds denial of right knee claim (ECAB 17-1866)
W.G., a federal prison employee, claimed a right knee injury after an accepted August 4, 2014 work incident. The Board found that the medical evidence did not adequately connect the knee condition to the incident. It affirmed the denial.
K.S. and U.S. Postal Service, Capital View Station, Jefferson City, MO
Board upholds denial of permanent impairment award (ECAB 17-1834)
K.S., a postal employee, sought a schedule award for permanent impairment. The Board found that the evidence did not establish impairment of a scheduled body member or function. It affirmed OWCP’s denial.
D.W. and Department of Justice, Federal Bureau of Prisons, Yazoo City, MS
Board upholds denial of prison worker’s injury claim (ECAB 17-1381)
D.W., a federal prison employee, claimed an injury after an accepted September 10, 2014 work incident. The Board found that the medical evidence did not establish a causal relationship between the incident and a diagnosed condition. It affirmed the denial.
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.