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

Al Edward Branham v. Clinchfield Coal Company

Branham v. Clinchfield Coal (BRB 17-0142 BLA): X-ray evidence sent back

Al Branham received black lung benefits after the labor judge found complicated pneumoconiosis. The Board found errors in the judge’s assessment of X-ray readings and the related medical opinions. It vacated the complicated pneumoconiosis finding and the resulting award, and remanded for a new…

February 22, 2018 ·BRB
Remanded
COMM

A.M. and U.S. Postal Service, Post Office, Philadelphia, PA

Board upholds denial of late reconsideration request (ECAB 17-1900)

A.M. requested reconsideration of an earlier OWCP decision, but the request came more than one year after the last merits decision. The Board therefore reviewed whether the submission showed clear evidence that OWCP had erred. It found that the evidence did not meet that standard. The Board…

February 22, 2018 ·ECAB
Affirmed
COMM

M.R. and U.S. Postal Service, Post Office, Camden, NJ

Board upholds postal worker’s leg impairment ratings (ECAB 17-1812)

M.R. sought a larger schedule award for leg impairment after an accepted back injury. OWCP had awarded two percent permanent impairment of the right leg and none for the left leg. An impartial examiner reviewed the record and explained those ratings based on his examination. The Board gave his…

February 22, 2018 ·ECAB
Affirmed
COMM

K.R. and U.S. Postal Service, Post Office, Berlin, NH

Board upholds refusal to reopen postal worker’s hip claim (ECAB 17-1767)

K.R. sought reconsideration after OWCP denied her right hip occupational disease claim. The Board could review only the refusal to reopen, because the earlier merits decision was outside its appeal window. Her new submission repeated medical reports and arguments already considered or did not…

February 22, 2018 ·ECAB
Affirmed
COMM

J.B. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN

Board orders new rating of Army worker’s thumb impairment (ECAB 17-1610)

J.B. sought a schedule award for permanent impairment from an accepted right thumb condition. OWCP had treated two physicians it selected as opposing sides of a medical conflict, but the Board found that this did not create the kind of conflict covered by FECA. The Board also found that OWCP had…

February 22, 2018 ·ECAB
Remanded
COMM

L.B. and U.S. Postal Service, Post Office, Cayey, Puerto Rico

Board sends postal worker’s emotional condition claim back for findings (ECAB 17-1515)

L.B. claimed occupational stress after encounters with a customer on October 23 and 24, 2015. OWCP denied the claim because it found the reported events unproven. The Board found that the record did not contain inconsistencies strong enough to cast serious doubt on his account. OWCP had not decided…

February 22, 2018 ·ECAB
Remanded
COMM

K.E. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MS

Board upholds termination of VA worker’s injury benefits (ECAB 17-1216)

K.E. challenged the termination of wage-loss and medical benefits effective November 13, 2016. The Board found that OWCP’s second opinion physician provided the weight of medical evidence supporting termination. It also found that K.E. had not established continuing residuals or disability after…

February 22, 2018 ·ECAB
Affirmed
COMM

M.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Oklahoma City, OK

Board upholds denial of requested cervical surgery (ECAB 16-1138)

M.W. requested authorization for cervical spine surgery after an accepted workplace injury. OWCP had accepted a cervical sprain but had not accepted the disc protrusions for which the surgery was proposed. An impartial examiner found that the disc changes were degenerative and that the accepted…

February 22, 2018 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency)

AFGE Local 2145 and Richmond VA Medical Center (FLRA 0-AR-5336): Union exceptions denied

AFGE Local 2145 filed exceptions to an arbitration award involving the Richmond VA Medical Center. The Union claimed in part that the award was too incomplete, ambiguous, or contradictory to implement, but it did not support that claim. The Authority found no defect under the Union's remaining…

February 22, 2018 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons (Agency) and American Federation of Government Employees, Local 817, Council of Prison Locals #33 (Union)

Federal Bureau of Prisons and AFGE Local 817 (FLRA 0-AR-5238): Medical-staff bidding award narrowed

The Federal Bureau of Prisons reserved some assignments, days off, shifts, and vacation slots for Public Health Service officers before bargaining-unit medical employees could bid. An arbitrator found that the agreement prohibited those reservations and also barred the non-unit officers from…

February 22, 2018 ·FLRA
Modified
COMM

Darrell Boudreaux v. Wilkinson Technologies and American Interstate Insurance Company

Boudreaux v. Wilkinson Technologies (BRB 17-0487): knee claim denial upheld

Darrell Boudreaux sought Longshore Act benefits for a right knee condition he attributed to a fall at work. The Board upheld the labor judge’s finding that the employer had rebutted the work-causation presumption. It also upheld the finding that Boudreaux had not shown the fall caused or aggravated…

February 21, 2018 ·BRB
Affirmed
COMM

Joel D. Coleman v. Kinder Morgan Bulk Terminals and Old Republic Insurance Company

Coleman v. Kinder Morgan (BRB 16-0623): reconsideration denied

The employer and carrier asked the Board to reconsider its earlier decision in Joel Coleman’s Longshore Act case. A majority of permanent Board members did not vote to vacate or modify that decision. The Board denied the motion for reconsideration.

February 21, 2018 ·BRB
Procedural
COMM

Smith v. Kareem Transportation and Serpro Logistics

Smith v. Kareem Transportation (DOL ARB 2018-0021): Appeal dismissed for unmet filing requirements

After an administrative law judge dismissed Shervis Smith's truck driver whistleblower complaint, Smith sent documents to the Board more than 14 days later. The Board treated them as a petition for review because Smith represented himself, even though he had not identified them that way. It ordered…

February 21, 2018 ·DOL ARB
Procedural
COMM

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

Board upholds denial of Navy worker’s late reconsideration requests (ECAB 17-1915)

C.D. sought reconsideration of an old compensation claim. The Board could review only OWCP’s 2017 refusals to reopen, because the last merits decision was outside its appeal window. It found the requests untimely and the submissions insufficient to show clear evidence of error. The Board affirmed…

February 21, 2018 ·ECAB
Affirmed
COMM

L.R. and U.S. Postal Service, Post Office, Milwaukee, WI

Board upholds time bar on postal carrier’s 1998 injury claim (ECAB 17-1833)

L.R. filed a claim in 2017 for a condition he attributed to a December 22, 1998 workplace fall. The Board treated it as a traumatic injury claim because he identified a single work incident, rather than exposure over multiple days. The filing came long after FECA’s three-year deadline, and the…

February 21, 2018 ·ECAB
Modified
COMM

B.B. and Department of Homeland Security, Federal Aviation Administration, Denver, CO

Board upholds refusal to reopen FAA worker’s claim (ECAB 17-1786)

B.B. asked OWCP to reconsider an earlier decision on his compensation claim. The Board could review only the refusal to reopen because the last merits decision was outside its appeal window. It found that the new material did not satisfy the requirements for another merits review. The Board…

February 21, 2018 ·ECAB
Affirmed
COMM

P.D. and Department of the Navy, Naval Air Station Miramar, San Diego, CA

Board upholds denial of Navy worker’s leg impairment award (ECAB 17-1565)

P.D. sought a schedule award for leg impairment related to accepted back injuries. The Board explained that FECA does not provide a schedule award for the spine itself, although a related leg impairment may qualify. The medical reports did not establish permanent impairment of either leg from the…

February 21, 2018 ·ECAB
Affirmed
COMM

J.J. and Department of Justice, Bureau of Prisons, Savannah, GA

Board sends prison worker’s exposure claim back for medical review (ECAB 17-1248)

J.J., a Bureau of Prisons property and procurement specialist, claimed illness after workplace exposure to pigeon droppings and feathers. OWCP denied the claim because it found the exposure unproven. The Board found his detailed account corroborated by the facility’s cleaning procedures. Because…

February 21, 2018 ·ECAB
Remanded
COMM

G.B. and U.S. Postal Service, Post Office, Melbourne, FL

Board upholds denial of postal worker’s late reconsideration request (ECAB 16-1583)

G.B. sought reconsideration of an earlier OWCP decision on his compensation claim. The request was filed more than one year after the last merits decision. The Board found that his submissions did not show clear evidence of error in that decision. It affirmed OWCP’s refusal to reopen the claim…

February 21, 2018 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Peabody Midwest Mining, LLC

Loose-rib and examination orders affirmed

MSHA found at least seven obvious loose ribs along two connected primary escapeways at Peabody Midwest Mining's Francisco Underground Pit. A mine examiner had traveled the areas about nine hours earlier without recording rib hazards, and the mine's recent examination records identified no similar…

February 20, 2018 ·William B. Moran ·FMSHRC
Citations affirmed
COMM

Matter of J-C-H-F-

Border interview reliability assessed under totality of circumstances

The Board reviewed a Mexican applicant’s appeal after an Immigration Judge denied protection under the Convention Against Torture based on an adverse credibility finding. The Immigration Judge relied in part on a 2010 border interview in which the applicant had denied fear of return, while his…

February 20, 2018 ·BIA
Affirmed
COMM

Toletha Eleryan v. Regional NAF Personnel Office/Bureau of Naval Personnel

Eleryan v. Bureau of Naval Personnel (BRB 17-0467): later disability claim denied

Toletha Eleryan sought additional disability compensation and medical benefits for work injuries. The Board upheld the finding that she was not entitled to disability compensation after August 31, 2012 and affirmed the medical expense ruling through March 29, 2012. It also affirmed the denial of…

February 20, 2018 ·BRB
Affirmed
COMM

Raymond Leffard v. Eagle Marine Services and Louis Dreyfus Corporation

Leffard v. Eagle Marine Services (BRB 17-0409): attorney rate sent back

Raymond Leffard appealed a district director’s attorney fee order in his Longshore Act claims. The Board found that the district director had not adequately assessed documentation supporting the hourly rate for attorney work. It vacated that rate determination and remanded for further consideration…

February 20, 2018 ·BRB
Remanded
COMM

Herbert E. Hale v. Clinchfield Coal Company

Hale v. Clinchfield Coal (BRB 17-0267 BLA): benefits denial upheld

Herbert Hale appealed a denial of black lung benefits. Although the labor judge credited him with more than 36 years of underground coal mine work, the evidence did not establish total respiratory disability. The Board upheld that finding and affirmed the denial.

February 20, 2018 ·BRB
Affirmed
COMM

Leonard H. Allen v. UMI, LLC and Rockwood Casualty Insurance Company

Allen v. UMI (BRB 17-0251 BLA): benefits denial upheld

Leonard Allen appealed the denial of his black lung benefits claim. The labor judge credited him with 36 years of qualifying coal mine work but found that the new evidence did not establish total respiratory disability. The Board upheld that finding, so Allen could not invoke the fifteen-year…

February 20, 2018 ·BRB
Affirmed
COMM

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

Board upholds denial of postal worker’s hand and foot arthritis claim (ECAB 17-1926)

V.S. attributed arthritis in her hands and feet to repetitive mail handling, driving, standing, and walking. OWCP accepted those activities as work factors. Her physicians attributed the conditions to the work but did not explain how the activities caused or aggravated the arthritis. The Board…

February 20, 2018 ·ECAB
Affirmed
COMM

T.H. and Department of Labor, Office of Solicitor, Seattle, WA

Board upholds refusal to reopen DOL worker’s injury claim (ECAB 17-1904)

T.H. requested reconsideration of an earlier OWCP injury decision. Her request checked the reconsideration box but offered no new legal argument. A new medical report referred generally to work activities without addressing the specific June 13, 2013 lifting incident in her claim. The Board found…

February 20, 2018 ·ECAB
Affirmed
COMM

S.M. and Department of Homeland Security, Transportation Security Administration, Union, NJ

Board upholds denial of TSA worker’s eye condition claim (ECAB 17-1756)

S.M. claimed a right eye retinal condition and cataract from exposure to a workplace ultraviolet screening lamp. OWCP accepted the exposure but denied a causal link to the diagnosed conditions. The Board found that an ophthalmologist’s report did not support the claimed link and that other…

February 20, 2018 ·ECAB
Affirmed
COMM

C.D. and U.S. Postal Service, Post Office, Charlotte, NC

Board upholds termination of postal worker’s injury benefits (ECAB 17-1623)

C.D. appealed the end of her wage-loss and medical benefits effective February 15, 2017. The Board found that OWCP met its burden to show that the accepted injury no longer caused disability or required treatment. It also found that she had not established continuing disability after benefits…

February 20, 2018 ·ECAB
Affirmed
COMM

J.D. and Department of Justice, Bureau of Prisons, Waymart, PA

Board orders clarification of prison worker’s mold-related disability (ECAB 17-1520)

J.D. sought wage-loss compensation after OWCP accepted an aggravation of an acute allergic reaction to workplace mold. OWCP’s second opinion physician said residual symptoms remained and would worsen with renewed mold exposure, but that J.D. could perform other work. The Board found the opinion…

February 20, 2018 ·ECAB
Remanded
COMM

L.R. and Department of Homeland Security, Transportation Security Administration, Madison, WI

Board upholds denial of TSA worker’s infection claim (ECAB 16-1673)

L.R. claimed recurrent facial cellulitis from exposure to bacteria in workplace water and cleaning areas. The Board found no evidence establishing that the alleged bacteria were present in the areas where she worked. The timing of symptoms alone could not prove the claimed exposure or its cause. It…

February 20, 2018 ·ECAB
Affirmed
ALJ

Trinity Marine Products, Inc.

Welding-fume items vacated

Trinity Marine Products builds barges at a Tennessee facility where OSHA sampled welders for airborne contaminants. The samples showed exposures above limits for zinc oxide, total dust, and a zinc oxide and copper mixture. The judge found that the cited maritime standards did not specify a…

February 20, 2018 ·Heather A. Joys ·OSHRC
Mixed result
COMM

W.W. and U.S. Postal Service, Post Office, Mountain View, CA

Board upholds denial of postal worker’s later disability claim (ECAB 16-0660)

W.W. sought compensation for work disability beginning November 26, 2013 after accepted temporary aggravations of cervical conditions. Her physicians described symptoms but did not adequately explain how the accepted injury caused disability during the later period. The Board found the medical…

February 20, 2018 ·ECAB
Affirmed
COMM

Ibale v. Alaska Marine Highway System

Transit whistleblower dismissal affirmed

Ferry worker Leah Ibale reported possible asbestos exposure aboard the M/V Columbia to safety authorities. She alleged that Alaska Marine Highway System retaliated against her by denying work after she took sick leave. An administrative law judge found that the employer had taken no adverse…

February 16, 2018 ·DOL ARB
Affirmed
COMM

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

Board upholds denial of Treasury worker’s knee claim (ECAB 17-1908)

T.W. claimed that work activities worsened a degenerative left knee condition. The Board found that an MRI report did not address causation and the physician who did discuss work effects offered a conclusory opinion. The medical record did not explain how the identified work factors caused or…

February 16, 2018 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Des Moines, IA

Board orders new impartial rating of postal worker’s impairments (ECAB 17-1845)

D.B. sought increased schedule awards for her left arm and left leg. OWCP relied on an impartial examiner who found no additional permanent impairment. The Board found that the examiner had not adequately accounted for all accepted work conditions or applied the relevant rating standards. His…

February 16, 2018 ·ECAB
Remanded
COMM

L.R. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY

Board upholds denial of VA worker’s late reconsideration request (ECAB 17-1746)

L.R. sought reconsideration of an earlier decision concerning a claimed workplace injury. The request was untimely. The Board found that the submitted material did not show clear evidence of error in the earlier decision. It affirmed OWCP’s refusal to reopen the claim without reviewing its merits.

February 16, 2018 ·ECAB
Affirmed
COMM

R.C. and Department of Justice, Federal Bureau of Prisons, Fort Dix, NJ

Board orders new rating of prison officer’s finger impairment (ECAB 17-1585)

R.C., a corrections officer, sought an increased schedule award for an accepted injury to his right middle finger. OWCP had awarded 25 percent permanent impairment of that digit. The Board found that the medical adviser should have calculated impairment using both permitted rating methods and…

February 16, 2018 ·ECAB
Remanded
COMM

C.C. and Department of Homeland Security, Immigration & Customs Enforcement, Rouses Point, NY

Board orders clearer findings on ICE agent’s arm claim (ECAB 17-1548)

C.C., a special agent, claimed right arm symptoms from writing, computer work, and other duties. OWCP denied the claim and later addressed medical causation without specifying which work activities it accepted as facts. The Board found the findings incomplete, leaving the parties unable to identify…

February 16, 2018 ·ECAB
Remanded
COMM

V.G. and U.S. Postal Service, Post Office, Philadelphia, PA

Board upholds denial of postal worker’s claimed disability period (ECAB 17-1425)

V.G. sought wage-loss compensation for total disability from June 7 through September 2, 2016. She attributed the claimed inability to work to accepted employment conditions. The Board found that the medical evidence did not adequately explain how those conditions caused total disability for the…

February 16, 2018 ·ECAB
Affirmed
COMM

J.G. and Department of the Air Force, Air National Guard, Columbus, OH

Board upholds denial of aircraft mechanic’s injury claim (ECAB 17-1217)

J.G., an aircraft mechanic, slipped on a wet floor while washing an aircraft on March 12, 2013. The incident occurred, but the Board found that his medical reports did not adequately link his diagnosed neck and back conditions to the fall. One report attributed symptoms to degeneration, and another…

February 16, 2018 ·ECAB
Affirmed
COMM

V.P. and Federal Judiciary, U.S. Bankruptcy Court, Atlanta, GA

Board orders reconstruction of court worker’s compensation record (ECAB 17-1196)

V.P. appealed OWCP’s refusal to change an earlier wage-earning capacity decision. The Board found that the transmitted case record lacked the initial decision accepting her hand conditions and other facts needed to assess the appeal. It could not decide the dispute on that incomplete record. The…

February 16, 2018 ·ECAB
Remanded
COMM

C.M. and Department of Defense, Defense Commissary Agency, Seaside, CA

Board upholds denial of commissary worker’s disability claim (ECAB 17-1170)

C.M. sought compensation for disability beginning August 25, 2011 from accepted depression and anxiety conditions. The Board found that he had not established that those conditions prevented him from working during the claimed period. It also upheld OWCP’s refusal to reopen the merits on…

February 16, 2018 ·ECAB
Affirmed
COMM

Secretary of Labor v. Willits Company, Inc.

Unopposed penalty reopening granted

Willits Company 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 explain why the contest deadline was missed or describe supporting facts. The Secretary did not oppose reopening. The…

February 15, 2018 ·FMSHRC
Remanded
COMM

Secretary of Labor v. White County Coal, LLC

Settlement decision reopened for clerical correction

The ALJ asked for permission to amend an October 24, 2017 settlement-approval decision to correct a clerical error. That decision had already become a final Commission order after the 40-day review period. Commission procedural rules permit an ALJ to correct a clerical error in a final decision…

February 15, 2018 ·FMSHRC
Remanded
COMM

Phyllis Mathews v. Navy Exchange Service Command

Mathews v. Navy Exchange Service Command (BRB 17-0248): compensation credit sent back

Phyllis Mathews challenged a credit against Longshore Act benefits for compensation the employer had already paid. The Board found that the judge and district director had allowed too broad a credit without properly accounting for the different injuries and benefit periods. It vacated the credit…

February 15, 2018 ·BRB
Remanded
COMM

Stanley Woods v. Alpha Mining Company and Old Republic Insurance Company

Woods v. Alpha Mining (BRB 17-0247 BLA): benefits denial upheld

Stanley Woods appealed the denial of his black lung benefits claim. Although he had enough qualifying coal mine work to seek the fifteen-year presumption, the labor judge found no total respiratory disability. The Board upheld the judge’s assessment of the testing and medical opinions and affirmed…

February 15, 2018 ·BRB
Affirmed
COMM

Madison v. Kenco Logistics

Food safety appeal dismissed as late

An administrative law judge dismissed Mary Madison's Food Safety Modernization Act whistleblower claim on November 22, 2017. Madison petitioned the Board for review on December 17, after the 14 day period measured from issuance of the judge's decision. Her lawyer said the judge first sent the…

February 15, 2018 ·DOL ARB
Procedural
COMM

R.H. and Department of the Navy, U.S. Marine Corps, Barstow, CA

Board orders recalculation of Marine Corps worker’s overpayment (ECAB 17-1933)

R.H. received total disability compensation after he returned to full-time work on October 29, 2015. The Board agreed that this created an overpayment. It found that OWCP had not properly calculated the entire amount before considering waiver and recovery. The Board affirmed the fact of the…

February 15, 2018 ·ECAB
Mixed result
COMM

M.M. and Department of Homeland Security, Citizenship & Immigration Services, Middletown, CT

Board upholds denial of immigration worker’s carpal tunnel claim (ECAB 17-1641)

M.M. attributed carpal tunnel syndrome to filing, typing, grasping, and lifting at work. OWCP accepted the activities, but the Board found that her physicians had not explained how they caused or aggravated the condition. Diagnostic tests showed a condition without establishing its cause. The Board…

February 15, 2018 ·ECAB
Affirmed
COMM

K.W. and U.S. Postal Service, Trenton Processing Transportation Office, Trenton, NJ

Board orders impartial rating before deciding postal worker’s overpayment (ECAB 17-1577)

K.W. challenged a reported $18,801.21 overpayment tied to a schedule award for left leg impairment. The Board found that OWCP had not resolved a medical conflict about the correct impairment percentage. Without a valid award determination, the overpayment and waiver questions were premature. It set…

February 15, 2018 ·ECAB
Remanded
COMM

C.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Chicago, IL

Board orders new rating of VA worker’s arm impairment (ECAB 17-1439)

C.H. sought a schedule award above eight percent permanent impairment of her right arm. The Board found that OWCP had applied inconsistent methods for rating upper extremity impairment. It set aside both OWCP decisions and directed use of a consistent method for a new award decision. The Board did…

February 15, 2018 ·ECAB
Remanded
COMM

A.C. and U.S. Postal Service, Post Office, New Bern, NC

Board upholds denial of postal worker’s disability claim (ECAB 17-1296)

A.C. sought compensation for total disability from November 22, 2012 through August 6, 2013. His medical reports described symptoms and some work limits, but did not adequately explain total disability for the specific claimed dates. A second opinion physician gave a reasoned account of why total…

February 15, 2018 ·ECAB
Affirmed
COMM

D.M. and Department of Defense, Defense Logistics Agency, Robins Air Force Base, Warner Robins, GA

Board reverses suitable-work termination but denies claimed wage loss (ECAB 17-1235)

D.M. challenged termination of compensation for allegedly abandoning suitable work and sought wage-loss benefits for late 2016. The Board found that OWCP had improperly terminated her compensation under the suitable-work rule. It separately found that the medical evidence did not establish…

February 15, 2018 ·ECAB
Mixed result
COMM

A.B. and Department of the Air Force, Illinois Air National Guard, Scott Air Force Base, IL

Board orders consistent rating of Air Guard worker’s arm impairments (ECAB 16-0706)

A.B. appealed the percentages assigned to permanent impairment of both arms. The Board found that OWCP had used inconsistent approaches to rating upper extremity impairment. It directed OWCP to apply a consistent method to the accepted conditions and issue a new schedule award decision. The Board…

February 15, 2018 ·ECAB
Remanded
ALJ

E&N Construction, Inc.

Four scaffold items affirmed and penalties reduced

E&N Construction employees installed brick veneer from a two-tier scaffold at an apartment project. OSHA cited inadequate platform planking, unsafe frame climbing, failure to inspect the scaffold before the shift, missing fall protection above 10 feet, and a missing cross-brace. The judge affirmed…

February 15, 2018 ·Dennis L. Phillips ·OSHRC
Mixed result
COMM

Ayoub Ahmed v. Global Linguist Solutions and Zurich American Insurance Company

Ahmed v. Global Linguist Solutions (BRB 17-0332 and 17-0332A): attorney fee changed

Ayoub Ahmed’s counsel sought review of a district director’s fee award in a Defense Base Act claim, and the employer also appealed. The Board upheld employer liability for the fee but changed the amount payable for counsel’s services before the district director. It modified the award to $25,105.60…

February 14, 2018 ·BRB
Modified
COMM

Abdulraouf Abdelmeged v. Global Linguist Solutions, LLC and Zurich American Insurance Company

Abdelmeged v. Global Linguist Solutions (BRB 17-0312): fee rate increase sent back

Abdulraouf Abdelmeged appealed a fee order in his Defense Base Act claim. The Board upheld the labor judge’s base hourly rates for attorney work in 2014 but vacated a later 4.5 percent increase to those rates. It remanded for further consideration of that increase and otherwise affirmed the order.

February 14, 2018 ·BRB
Remanded
COMM

J.T. and U.S. Postal Service, Processing & Distribution Center, Kansas City, MO

Board upholds refusal to reopen postal worker’s emotional condition claim (ECAB 18-0087)

J.T. requested reconsideration after OWCP denied his emotional condition claim for lack of a proven compensable work factor. He submitted a medical letter linking symptoms generally to work stress. The Board found that the letter did not address whether the alleged workplace events were…

February 14, 2018 ·ECAB
Affirmed
COMM

T.J. and Department of the Army, Civilian Benefits Center, Fort Riley, KS

Board upholds denial of Army worker’s hearing-loss claim (ECAB 17-1850)

T.J. attributed hearing loss in both ears to noisy equipment and tools at work. OWCP accepted workplace noise exposure. A second opinion physician reviewed older and current hearing tests and explained why the loss was not caused or aggravated by that exposure. The Board found that opinion reasoned…

February 14, 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.