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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COMM

A.R. and U.S. Postal Service, Post Office, New York, NY

Board upholds refusal to reopen postal worker’s injury claim (ECAB 17-1807)

A.R. sought reconsideration after OWCP denied his claim for injuries from a fall while unloading a pallet. He pointed to his supervisor’s statement about the incident and repeated his account of medical treatment. The Board found that his submission identified no legal error, new relevant argument…

February 6, 2018 ·ECAB
Affirmed
COMM

J.H. and Department of the Army, Anniston Army Depot, Anniston, AL

Board affirms hearing loss denial and hearing request refusal (ECAB 17-1796)

J.H., an Army depot electrician, claimed that workplace noise caused bilateral hearing loss. OWCP’s medical examiner found the loss consistent with age and concluded that the federal noise exposure was insufficient to cause it. The Board found the medical evidence did not establish a work-related…

February 6, 2018 ·ECAB
Affirmed
COMM

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

Board affirms prior three percent awards for each leg (ECAB 17-1758)

D.S., a Veterans Affairs housekeeping aide, had accepted knee conditions and surgeries and already received schedule awards for three percent impairment of each leg. He sought a larger award. The Board reviewed the competing impairment assessments and found no medical evidence conforming to the…

February 6, 2018 ·ECAB
Affirmed
COMM

G.E. and U.S. Postal Service, Post Office, Hampton, VA

Board affirms denial of postal worker’s groin and hip claim (ECAB 17-1719)

G.E. claimed a left groin or hip condition related to an accepted April 4, 2014 work incident. OWCP denied the claimed condition. The Board found that the medical evidence did not adequately explain how the accepted incident caused the diagnosed condition. It affirmed OWCP’s denial.

February 6, 2018 ·ECAB
Affirmed
COMM

R.R. and Department of the Air Force, Hickam Air Force Base, HI

Board affirms denial of wage loss after accepted back injury (ECAB 17-1223)

R.R. sought wage loss compensation after an accepted 2014 back injury. OWCP had paid compensation through December 10, 2014 but denied claimed total disability for the later period. The Board accepted that his chiropractor qualified as a physician for FECA purposes in this case. It found that the…

February 6, 2018 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Hanson Aggregates Southeast, LLC

Fatality-related settlement reductions rejected

The parties proposed reducing total penalties across four dockets from $33,756 to $11,801, including large reductions to two orders arising from a haul truck that left a graded road and went over a 201-foot highwall, killing the operator. Hanson Aggregates suggested that a cardiac event might…

February 5, 2018 ·William B. Moran ·FMSHRC
Procedural
COMM

Nathan Lewis, Sr. v. ADM Grain River System, Incorporated

Settlement challenge dismissed

Nathan Lewis challenged a previously approved settlement of his Longshore Act claim and sought additional compensation from his employer. The judge granted the employer's motion for summary decision. The Board found no valid basis to reopen the settlement or award the requested additional…

February 5, 2018 ·BRB
Affirmed
COMM

Diana G. Dix (widow of James E. Dix) v. Sewell Coal Company/Pittston Company

Survivor award partly vacated for disability review

Diana Dix sought survivor benefits after her husband James, a coal miner, died. The judge credited 22 years of underground work and awarded benefits under the presumption of death due to pneumoconiosis. The Board vacated the finding that he was totally disabled at death because the medical opinions…

February 5, 2018 ·BRB
Remanded
COMM

Z.D. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms, & Explosives, Sioux City, IA

Board affirms denial of agent’s occupational cancer claim (ECAB 17-1830)

Z.D., a federal agent, claimed that job exposures caused malignant melanoma and papillary thyroid cancer. OWCP accepted exposure to radon, sunlight, and fire but denied a causal connection to the diagnoses. The Board found that the medical reports confirmed the cancers yet did not give a…

February 5, 2018 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Post Office, Hammond, IN

Board affirms denial of postal worker’s knee injury claim (ECAB 17-1820)

M.D. claimed a right knee injury while delivering a postal route in May 2017. OWCP denied the claim because his account did not establish the incident as alleged. The Board found that he did not identify a specific event that caused a traumatic injury. He described pain over several days and gave…

February 5, 2018 ·ECAB
Affirmed
COMM

M.B. and Department of the Air Force, Minot Air Force Base, ND

Board upholds denial of continuation of pay for late claim (ECAB 17-1782)

M.B. claimed a knee injury while unloading cargo at Minot Air Force Base on February 6, 2017. She filed the written injury notice on June 21, more than 30 days later. She said she had tried to file electronically sooner but had not completed the process. The Board found no statutory exception for…

February 5, 2018 ·ECAB
Affirmed
COMM

T.G. and U.S. Postal Service, Post Office, Seattle, WA

Board affirms disability denial and refusal to reopen claim (ECAB 17-1745)

T.G. sought total disability compensation for a period from December 2016 through January 22, 2017 based on accepted left wrist and hand conditions. The Board found that the submitted reports did not adequately explain why those accepted conditions prevented work during the claimed period. His…

February 5, 2018 ·ECAB
Affirmed
COMM

L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Chicago, IL

Board affirms denial of nurse’s back aggravation claim (ECAB 17-1554)

L.J., a nurse, attributed worsening back and leg symptoms to patient-handling duties. OWCP accepted the work activities and a diagnosed back condition but found that the medical evidence did not connect the two. The Board agreed that the physician reports did not give a sufficiently reasoned…

February 5, 2018 ·ECAB
Affirmed
COMM

M.C. and Department of the Navy, Naval Support Facility, Indian Head, MD

Board affirms termination of wage loss for Navy worker (ECAB 17-1417)

M.C. had accepted back and neck conditions from a 1990 work injury and received wage-loss compensation. OWCP terminated those benefits after a referral physician examined her and concluded that she could perform modified duties. The Board found the physician’s history, examination, and reasoning…

February 5, 2018 ·ECAB
Affirmed
COMM

X.J. and U.S. Postal Service, Post Office, Atlanta, GA

Board orders combined records for postal worker’s disability claims (ECAB 17-1094)

X.J. sought continued disability benefits after an accepted right quadriceps tendon injury and also raised lumbar and left leg conditions. OWCP discussed two other claims involving those conditions, but their files were absent from the record before the Board. The Board found that the related files…

February 5, 2018 ·ECAB
Remanded
COMM

Secretary of Labor v. Kentucky Fuel Corporation

High negligence affirmed for unblocked truck repair

Kentucky Fuel Corporation operated the Beech Creek Surface Mine, where a mechanic worked beneath an autocar grease truck without blocking it against motion. The truck started and rolled about two feet, causing several broken ribs and a punctured lung; the mechanic later recovered fully. MSHA cited…

February 2, 2018 ·FMSHRC
Citations affirmed
COMM

Matter of Egidijus SINIAUSKAS

Repeated drunk driving made bond inappropriate

The Board reviewed the Department of Homeland Security’s appeal from an Immigration Judge’s decision granting a Lithuanian respondent release on a $25,000 bond. The respondent had three driving-under-the-influence convictions and a recent arrest for the same conduct, although he also had family…

February 2, 2018 ·BIA
Vacated
COMM

S.D. and U.S. Postal Service, Post Office, Boston, MA

Board affirms denial of mail carrier’s dehydration claim (ECAB 17-1873)

S.D. claimed dehydration while performing postal duties in September 2016. OWCP accepted that the duties occurred as alleged. The Board found that the medical reports did not adequately explain how those duties caused the diagnosed condition. The fact that symptoms arose during work did not by…

February 2, 2018 ·ECAB
Affirmed
COMM

M.E. and U.S. Postal Service, Post Office, Munford, TN

Board affirms denial of knee and elbow injury claim (ECAB 17-1857)

M.E., a mail carrier, fell while being chased by dogs during a delivery. OWCP accepted that the work incident occurred. The Board found that the submitted reports from a physician assistant and nurse practitioner did not establish medical causation under FECA because those providers were not…

February 2, 2018 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Post Office, Nyssa, OR

Board affirms denial of knee schedule award (ECAB 17-1650)

K.S. sought a schedule award after OWCP accepted a left knee sprain from a 2014 work injury. OWCP had earlier found that the accepted sprain had resolved. The Board found that the physician’s proposed permanent impairment rating did not adequately show that the rated condition resulted from the…

February 2, 2018 ·ECAB
Affirmed
COMM

N.M. and U.S. Postal Service, Processing & Distribution Facility, Anaheim, CA

Board orders merit review of postal worker’s hand injury claim (ECAB 17-1626)

N.M. claimed hand and wrist conditions from repetitive postal work. OWCP had denied the claim partly because it found his account of work duties inaccurate. In two reconsideration requests, he submitted new evidence from a physician and about his assigned tasks. The Board found that this evidence…

February 2, 2018 ·ECAB
Remanded
COMM

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

Board affirms 28 percent leg impairment rating (ECAB 17-1406)

R.N. had previously received schedule awards totaling 28 percent permanent impairment of his right leg after a work-related knee injury. He sought a higher rating based on a physician’s range-of-motion calculation. The Board found that the physician had not explained why that method was appropriate…

February 2, 2018 ·ECAB
Affirmed
COMM

M.S. and Department of Veterans Affairs, Veterans Administration Medical Center, San Diego, CA

Board affirms denial of additional knee condition (ECAB 17-1044)

M.S. asked OWCP to add a left knee meniscal tear to her accepted December 2012 work injury. The Board reviewed the medical opinions offered to connect the tear with that injury. It found that they did not provide a sufficiently reasoned explanation of causation. It affirmed OWCP’s denial of the…

February 2, 2018 ·ECAB
Affirmed
COMM

F.D. and Department of Agriculture, Agricultural Marketing Service, Bronx, NY

Board orders combined records for agricultural grader’s injury claims (ECAB 17-0988)

F.D. sought benefits for neck and back conditions that he related to his work as an agricultural commodity grader. OWCP denied the occupational disease claim while referring to evidence in a separate accepted shoulder injury file. That other file was absent from the record before the Board. The…

February 2, 2018 ·ECAB
Remanded
COMM

D.O. and Department of the Army, Corps of Engineers, Reservoir Regulation & Water Quality Section, Portland, OR

Board remands dispute over Army worker’s wage-earning capacity (ECAB 17-0911)

D.O. challenged a prior reduction in her wage-loss benefits based on a constructed information clerk job. The record contained conflicting medical opinions about whether her accepted condition had worsened during the disputed period. The Board found that the physician OWCP chose to resolve the…

February 2, 2018 ·ECAB
Remanded
ALJ

Elmer Cook Construction, Inc.

Fall-protection and ladder items affirmed

Elmer Cook Construction employees applied waterproofing material on a low-slope roof while using fall-protection equipment incorrectly. One employee was not connected to a lifeline, and another used an improperly attached system that would not prevent a fall to the ground. The employees also used a…

February 2, 2018 ·John B. Gatto ·OSHRC
Citations affirmed
ALJ

Secretary of Labor v. Staker & Parson Companies

Seat-belt citation vacated and loss-of-control penalty reduced

Staker & Parson Companies operated a sand and gravel pit where a haul truck traveled through a berm, down an 80-foot embankment, and into a partially flooded pit, killing the driver. MSHA cited the company for failing to maintain control of the truck and for the driver's alleged failure to wear a…

February 1, 2018 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

Ravago Chemical Distribution Inc. d/b/a Pacific Coast Chemicals

In re Ravago Chemical Distribution Inc. d/b/a Pacific Coast Chemicals (EAB TSCA Appeal No. 18-02Q): $49,980 penalty paid and matter resolved

EPA's Office of Civil Enforcement filed a complaint alleging that Ravago Chemical Distribution Inc. d/b/a Pacific Coast Chemicals violated TSCA sections 4, 8(a), and 13 and related regulations. The complaint sought a $49,980 penalty. The company paid the penalty in full on or before January 30…

February 1, 2018 ·EPA EAB
Settled
COMM

F.M. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

Board affirms denial of shipyard worker’s neck claim (ECAB 17-1918)

F.M. reported striking his hard hat against a low beam at work and claimed a cervical condition. OWCP accepted the incident and a diagnosis but found the medical link insufficient. The Board agreed that the physician had not explained how the incident caused or worsened the condition, particularly…

February 1, 2018 ·ECAB
Affirmed
COMM

L.W. and U.S. Postal Service, Post Office, Beach Haven, NJ

Board affirms denial of former postmaster’s stress claim (ECAB 17-1770)

L.W., a former postmaster, attributed an emotional condition and cardiomyopathy to stress from her postal work. She described conference calls, staffing problems, and audits. The Board found that her account lacked enough factual detail or supporting evidence to establish any compensable work…

February 1, 2018 ·ECAB
Affirmed
COMM

C.D. and U.S. Postal Service, Westchester Postal & Distribution Center, White Plains, NY

Board affirms denial of postal worker’s foot and ankle claim (ECAB 17-1713)

C.D. sought benefits for right foot and ankle conditions after an accepted workplace incident. The Board found that reports diagnosing tendon and other conditions did not explain how the incident caused or aggravated them. Some records gave no opinion on causation at all. It affirmed OWCP’s denial.

February 1, 2018 ·ECAB
Affirmed
COMM

L.B. and U.S. Postal Service, Processing & Distribution Center, Tulsa, OK

Board affirms denial of postal worker’s neck and back claim (ECAB 17-1678)

L.B. reported neck and back symptoms after moving a wire cage at a postal facility. OWCP accepted her work activities but denied the injury claim. The Board found that the physician’s reports did not explain how those activities caused or aggravated her diagnosed conditions. It affirmed the denial…

February 1, 2018 ·ECAB
Affirmed
COMM

R.W. and Department of Veterans Affairs, VA Medical Center, New Orleans, LA

Board affirms denial of VA worker’s emotional condition claim (ECAB 17-1542)

R.W. claimed an emotional condition after a coworker inappropriately touched him at work. The Board accepted the incident as a compensable employment factor. It found that the physician reports did not provide a reasoned opinion connecting the diagnosed condition to that incident, while other…

February 1, 2018 ·ECAB
Affirmed
COMM

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

Board orders new impartial opinion on postal worker’s knee conditions (ECAB 17-1358)

A.R. claimed that postal duties and earlier accepted knee injuries contributed to his bilateral knee conditions. An impartial specialist attributed his osteoarthritis to aging but did not explain the medical basis, even after OWCP sought clarification. The Board found that his report could not…

February 1, 2018 ·ECAB
Remanded
COMM

A.N. and U.S. Postal Service, Morgan General Mail Facility, New York, NY

Board leaves postal worker’s wage-earning capacity ruling in place (ECAB 16-0166)

A.N. sought to change a 2005 wage-earning capacity determination after she stopped working in her modified postal job. She submitted reports describing back and other conditions. The Board found that the reports did not adequately show a material change in her accepted work-related conditions or…

February 1, 2018 ·ECAB
Affirmed
ALJ

Marshall Justice v. Rockwell Mining, LLC

Some discrimination claims allowed to proceed

Marshall Justice alleged that Rockwell Mining interfered with his rights as a miners' representative, continued assigning him to operate a scoop he believed unsafe, and retaliated against protected activity. The Judge dismissed Justice's ventilation-plan-notice claim from this case because the…

January 31, 2018 ·Alan G. Paez ·FMSHRC
Procedural
COMM

Ricardo Corrales v. Interact PMTI, Incorporated and Seabright Insurance Company

Ricardo Corrales v. Interact PMTI, Incorporated (BRB 18-0018): reconsideration of interlocutory appeal dismissal denied

Carrier ALMA asked the Board to reconsider its dismissal of an interlocutory appeal in Ricardo Corrales's compensation case. The Board found no error in its earlier dismissal and denied reconsideration. The judge's hearing was still pending, where ALMA could present its defenses. Issues from the…

January 31, 2018 ·BRB
Procedural
COMM

Willie Anderson Chapman v. Raider Mining, Incorporated, Mine 3 and Employers Insurance of Wausau

Willie Anderson Chapman v. Raider Mining, Incorporated, Mine 3 (BRB 17-0538 BLA): benefits upheld but operator liability remanded

Willie Chapman won black lung benefits against Raider Mining and its insurer. The Board affirmed his entitlement because no party challenged the merits of the award. The federal program director conceded that the agency had not met its regulatory duties in identifying the responsible operator. The…

January 31, 2018 ·BRB
Remanded
COMM

John L. Cambron v. Island Creek Coal Company

Black lung benefits denial affirmed

John Cambron sought black lung benefits after a long underground coal mining career. The judge found that he had not proved a totally disabling respiratory impairment. The Board upheld the judge's assessment of the pulmonary tests and the medical opinion offered to prove disability. Without total…

January 31, 2018 ·BRB
Affirmed
COMM

Ted E. Roberts v. KT Enterprises of Kentucky

Modification and benefits award affirmed

Ted Roberts sought modification of a denial of his black lung claim. The judge granted modification and awarded benefits after finding that the employer had not rebutted the statutory presumption. The Board upheld that decision and the benefits commencement date of March 2012, the month Roberts…

January 31, 2018 ·BRB
Affirmed
COMM

Jessee D. Cooke v. Bluff Spur Coal Corporation and American International South/Chartis

Jessee D. Cooke v. Bluff Spur Coal Corporation (BRB 17-0200 BLA): black lung award partly vacated for medical review

Jessee Cooke received a black lung benefits award, which his employer and insurer appealed. The Board found defects in the judge's analysis of total disability and the employer's attempt to rebut the statutory presumption. In particular, the judge counted positive x-ray readings without adequately…

January 31, 2018 ·BRB
Remanded
COMM

Administrator, Wage and Hour Division v. ZL Restaurant Corp.

ZL Restaurant (DOL ARB 2016-0070): $1,000 labor penalty affirmed

The Wage and Hour Division assessed $2,200 in civil money penalties against ZL Restaurant and Lixin Zhang for repeated and willful Fair Labor Standards Act wage violations. A related federal court judgment had resolved whether the violations occurred, and an administrative law judge applied that…

January 31, 2018 ·DOL ARB
Affirmed
COMM

Hannelore Bass (widow of Donald Bass) v. Plant Insulation Company, Incorporated

Appeal dismissed for modification proceedings

Hannelore Bass appealed a denial of death benefits under the Longshore Act. After filing a modification request with the district director, she asked the Board to dismiss her appeal without prejudice. The Board granted the request and remanded for modification proceedings. Her appeal can be…

January 30, 2018 ·BRB
Procedural
COMM

Errol Webb v. Kellogg Brown & Root Services and Insurance Company of the State of Pennsylvania

Errol Webb v. Kellogg Brown & Root Services (BRB 17-0642): late appeal dismissed

Errol Webb appealed an administrative judge's order in his Defense Base Act matter. Even assuming his reconsideration request was timely, the last day to appeal was July 10, 2017. Webb filed his Board appeal on September 2, 2017. The Board dismissed it with prejudice because the filing was late and…

January 30, 2018 ·BRB
Procedural
COMM

Robert Baba v. SOS International, LLC and Allied World Assurance Company

Robert Baba v. SOS International, LLC (BRB 17-0440): Defense Base Act benefits denial affirmed

Robert Baba sought compensation for an alleged psychological injury under the Defense Base Act. The judge found that the employer rebutted the Longshore Act's causation presumption through a physician's opinion that Baba did not have a mental disorder. The Board held that the opinion could rebut…

January 30, 2018 ·BRB
Affirmed
COMM

Marlin D. Collins v. Wolf Run Mining Company

Black lung benefits denial affirmed

Marlin Collins appealed a denial of his subsequent black lung claim. The judge found that the new evidence did not prove a totally disabling respiratory or pulmonary impairment. The Board upheld the judge's weighing of the medical opinions and the full disability record. Because Collins did not…

January 30, 2018 ·BRB
Affirmed
COMM

Matter of Rosalina CASTILLO ANGULO

Wave-through admission and cancellation eligibility

The Board reviewed a Mexican lawful permanent resident’s appeal after an Immigration Judge denied her application for cancellation of removal. The respondent said that an immigration officer had waved her through a port of entry in 1998, but the Immigration Judge had treated that entry as…

January 29, 2018 ·BIA
Remanded
COMM

Carlos M. Cajeira v. Kinder Morgan Liquid Terminal and ACE American Insurance Company

Carlos M. Cajeira v. Kinder Morgan Liquid Terminal (BRB 17-0366): disability periods sent back for review

Carlos Cajeira challenged the periods of disability benefits awarded after his workplace injury. The Board found that the judge had not adequately examined the duties and actual availability of a position the employer claimed he could perform. It vacated the denial of benefits for one period and…

January 29, 2018 ·BRB
Remanded
COMM

Robert M. Taylor v. Pikeville Coal Company

Black lung benefits award affirmed

Robert Taylor received black lung benefits under the statutory presumption. Pikeville Coal argued that it had rebutted the presumption with medical opinions rejecting legal pneumoconiosis and its role in disability. The Board upheld the judge's weighing of those opinions and found that the employer…

January 29, 2018 ·BRB
Affirmed
COMM

Danny J. Bryant v. Westmoreland Coal Company

Black lung denial partly vacated

Danny Bryant appealed a denial of black lung benefits. The Board found that the judge needed to reassess the medical opinions on whether Bryant's chronic obstructive pulmonary disease was legal pneumoconiosis. If that disease is established, the judge must decide whether it substantially…

January 29, 2018 ·BRB
Remanded
COMM

Helen Faye Ford (on behalf of Jerry W. Ford) v. Chevron Mining, Incorporated/P & M Coal Mining Company

Benefits award partly vacated for medical review

Helen Ford pursued her late husband's black lung claim, and the judge awarded benefits. The Board found that the judge had not adequately explained the weighing of medical opinions on total disability. It also identified an inconsistency in the judge's treatment of a physician's opinion about…

January 29, 2018 ·BRB
Remanded
COMM

Rolf U. Damron v. Newton Energy, Incorporated and BrickStreet Mutual Insurance Company

Rolf U. Damron v. Newton Energy, Incorporated (BRB 17-0188 BLA): black lung benefits award affirmed

Rolf Damron received black lung benefits under the statutory presumption after establishing qualifying coal mine employment and total respiratory disability. His employer contested whether it had rebutted the presumption. The Board upheld the judge's decision to discount the employer's medical…

January 29, 2018 ·BRB
Affirmed
COMM

Ahad v. Southern Illinois University School of Medicine

Ahad v. Southern Illinois University (DOL ARB 2016-0064): H-1B physician back wages affirmed

Southern Illinois University School of Medicine underpaid H-1B physician Sajida Ahad for academic and clinical work. An administrative law judge awarded back wages, and both Ahad and the University appealed parts of the calculation. The Board upheld the judge's treatment of comparator physicians in…

January 29, 2018 ·DOL ARB
Affirmed
COMM

B.C. and Federal Judiciary, District of Columbia Superior Court, Washington, DC

Board affirms denial of court worker’s fall injury claim (ECAB 17-1771)

B.C. reported falling on a marble floor at work and claimed injuries to her knees, ankle, and back. OWCP accepted that the fall occurred. The Board found that the submitted medical reports did not give a reasoned explanation connecting her diagnosed conditions to that fall. It affirmed the injury…

January 29, 2018 ·ECAB
Affirmed
COMM

A.T. and Department of the Navy, Bureau of Medicine & Surgery, San Diego, CA

Board affirms denial of Navy worker’s great toe claim (ECAB 17-1768)

A.T. attributed a condition of both great toes to extensive walking and stair climbing at work. OWCP accepted the work activities. The Board found that the record diagnosed hallux limitus only on the left and that the physician reports did not address whether the work duties caused it. It affirmed…

January 29, 2018 ·ECAB
Affirmed
COMM

D.J. and U.S. Postal Service, Post Office, Southaven, MS

Board affirms denial of rural carrier’s total disability claim (ECAB 17-1653)

D.J. sought wage-loss compensation for a period after accepted back, shoulder, and neck conditions. Her physician described chronic pain and medication effects but did not explain how the accepted conditions prevented work during the claimed dates. Some discussed conditions had not been accepted as…

January 29, 2018 ·ECAB
Affirmed
COMM

D.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Kansas City, MO

Board affirms denial of emotional condition linked to patient incident (ECAB 17-1543)

D.F. claimed an emotional condition after a patient grabbed her from behind at a VA medical center. OWCP had accepted the incident and physical injuries. The Board found that the physician reports diagnosing stress and other emotional conditions did not explain how the accepted incident caused…

January 29, 2018 ·ECAB
Affirmed
COMM

S.P. and U.S. Postal Service, Processing & Distribution Center, Palatine, IL

Board affirms stress claim denial and late hearing ruling (ECAB 17-1332)

S.P. attributed a stress condition to alleged harassment, inadequate training, and other workplace matters. The Board found that she had not established a compensable employment factor with sufficiently specific, supported evidence. Her hearing request was postmarked one day after the 30-day…

January 29, 2018 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Miami, FL

Board affirms denial of postal worker’s wage-loss claim (ECAB 17-1131)

P.M. sought wage-loss compensation after an accepted shoulder and upper arm injury. The medical reports discussed other cervical conditions but did not explain how the accepted sprains prevented him from working during the claimed period. The Board found the evidence insufficient to establish…

January 29, 2018 ·ECAB
Affirmed
COMM

D.T. and Department of Homeland Security, Transportation Security Administration, Bridgeton, MO

Board partly remands life insurance premium overpayment (ECAB 17-0901)

D.T. challenged an overpayment assessed because life insurance premiums had not been deducted from his compensation. The Board upheld the finding that deductions for basic and optional life insurance were missed. It found the record insufficient to establish his election of postretirement basic…

January 29, 2018 ·ECAB
Mixed result

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.