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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V.S. and Department of Homeland Security, Transportation Security Administration, Rosemont, IL
Board upholds lumbar surgery and reconsideration denials (ECAB 17-0854)
V.S. requested lumbar laminectomy and fusion surgery after an accepted injury. The Board found that the stronger medical opinions attributed the need for surgery to a degenerative condition rather than the accepted injury. Her reconsideration request resubmitted reports OWCP had already considered…
J.T. and U.S. Postal Service, Post Office, Tampa, FL
Board declines to add spinal conditions to injury claim (ECAB 17-0578)
J.T. sought to add several herniated discs and cervical radiculopathy to a 2012 accepted injury. His doctors described neck symptoms but did not adequately explain how the specific work lifting incident caused or aggravated the later diagnosed spinal conditions. The Board found the medical evidence…
F.E. and U.S. Postal Service, Post Office, Brooklyn, NY
Board accepts mail-cart incident but upholds injury denial (ECAB 16-1011)
F.E. reported discomfort while maneuvering a mail cart during postal work on October 28, 2013. The Board found that incident occurred, modifying OWCP’s contrary factual finding; it did not find that she fell that day. The medical records did not link her later back and leg conditions to the…
G.L. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
Board upholds head injury claim denial (ECAB 17-1635)
G.L. said a defective latch on a mail container caused a head injury, but did not explain exactly how the incident occurred. Other records described a falling shelf, and she did not respond to OWCP’s request for a detailed account. The Board found the workplace incident itself was not adequately…
B.S. and U.S. Postal Service, Post Office, Kalamazoo, MI
Board upholds left knee injury claim denial (ECAB 17-1575)
B.S. reported bumping and twisting her knee during postal work on September 19, 2016. Her doctors described knee findings and imaging, but did not explain how the specific event caused the diagnosed condition. The Board found the causation opinions conclusory and affirmed the denial.
R.G. and U.S. Postal Service, Post Office, Surfside, FL
Board upholds occupational shoulder claim denial (ECAB 17-1536)
R.G. attributed a right shoulder condition to repetitive casing and delivery duties. His doctors identified job tasks but did not describe their frequency, identify a specific work-related diagnosis, or explain the medical process connecting those tasks to the condition. The Board found the reports…
R.B. and Department of Homeland Security, Immigration & Customs Enforcement, Phoenix, AZ
Board orders duty-status review of sidewalk injury (ECAB 17-1483)
R.B. reported injuring her left leg when she stepped into a gap between sidewalk pads near her workplace. OWCP had not adequately investigated whether that location and activity were within the performance of duty. The Board ordered it to obtain the relevant workplace facts and then issue a new…
D.B. and U.S. Postal Service, Post Office, Detroit, MI
Board orders waiver review of $1,055.48 overpayment (ECAB 17-1416)
D.B. received one incorrect direct deposit of compensation for October 3 through 15, 2016. The Board upheld the $1,055.48 overpayment but found that OWCP had not shown he knew it was wrong when the first incorrect payment entered his account. It set aside the fault finding and ordered OWCP to…
R.V. and U.S. Postal Service, Post Office, Milwaukee, WI
Board upholds shoulder injury and late hearing denials (ECAB 17-1286)
R.V. claimed a left shoulder injury from an August 26, 2016 work event. The Board found he had not established the claimed work-related injury. His request for a telephonic hearing was postmarked more than 30 days after the claim denial, so he had no hearing right, and OWCP reasonably declined to…
S.S. and Department of Veterans Affairs, Veterans Health Administration, North Little Rock, AR
Board upholds shoulder injury claim denial (ECAB 17-1129)
S.S. claimed a right shoulder injury after an accepted September 26, 2015 work incident. Her physician described overhead mail lifting but did not clearly diagnose the condition caused by that incident or explain the effect of preexisting shoulder degeneration. Imaging and therapy records supplied…
T.M. and U.S. Postal Service, Post Office, Portland, OR
Board orders explanation of reconsideration denial (ECAB 17-1609)
T.M. requested reconsideration of a right knee disability ruling after the one year deadline. The Board agreed that her request was late, but found that OWCP did not discuss her submitted argument and evidence or explain why they failed to show clear error. It ordered OWCP to issue a decision with…
J.T. and Department of the Navy, Marine Corps Air Station, Kaneohe Bay, HI
Board orders new right arm impairment rating (ECAB 17-1551)
J.T. sought a schedule award for more than five percent permanent impairment of his right arm. Physicians used different methods to rate his shoulder condition. The Board found that OWCP had applied the impairment guide inconsistently in upper extremity cases and directed it to use a uniform method…
J.A. and Department of the Navy, Naval Air Station, Key West, FL
Board orders wage capacity review of disability claim (ECAB 17-1343)
J.A. sought compensation after a work related knee injury limited his ability to perform a modified security clerk job full time. OWCP treated the request as a recurrence of disability. The Board held that the evidence instead raised whether OWCP should modify its 2008 wage earning capacity…
A.J. and Department of the Army, Materiel Command, Anniston, AL
Board upholds refusal to reopen claim (ECAB 17-1168)
A.J. sought reconsideration after OWCP imposed a sanction for missing a scheduled medical examination. Her new medical report discussed continuing psychiatric symptoms and treatment, but gave no reason for missing the appointment. The Board held that this evidence did not address the issue…
R.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
Board upholds denial of emotional condition claim (ECAB 17-1143)
R.F., a peer specialist, attributed emotional distress to a supervisor, coworker, and patient. The Board found no adequate evidence of harassment, supervisory error or abuse, or compensable verbal abuse. Because she did not establish a compensable work factor, it did not reach the medical evidence…
A.S. and U.S. Postal Service, Post Office, Pasco, WA
Board upholds denial of cervical spine surgery (ECAB 17-1088)
A.S. sought neck surgery after a 2014 slip while delivering mail. OWCP accepted neck and lumbar sprains, but an impartial orthopedic specialist found that those conditions had resolved and that the current cervical condition reflected preexisting degeneration. The Board gave his reasoned opinion…
T.B. and U.S. Postal Service, Processing & Distribution Center, Manchester, NH
Board upholds denial of shoulder injury claim (ECAB 17-0989)
T.B. said he hurt his right shoulder while taking down mail on January 6, 2012. OWCP accepted that work incident, but the medical reports did not adequately connect a diagnosed shoulder condition to it. Some doctors described repetitive work over a longer period or gave differing injury dates. The…
Auchly Roofing, Inc.
Roof and ladder fall items affirmed
Five Auchly Roofing employees worked on a steep residential roof 11 to 18 feet above the ground without an approved fall-protection system. The company relied on toe boards, pick boards, ladder jacks, and kneepads, but did not prove that compliant systems created a greater hazard or that it…
C.R. and Department of Homeland Security, U.S. Secret Service, Charlotte, NC
Board upholds left elbow injury claim denial (ECAB 17-1681)
C.R. handled luggage for a work trip on July 5, 2016 and later received a left elbow epicondylitis diagnosis. The Board accepted the luggage handling incident, but his physician largely repeated the history and did not explain how the incident caused the diagnosed condition. It affirmed the claim…
J.B. and Department of Homeland Security, Immigration & Customs Enforcement, El Centro, CA
Board upholds elbow and hand injury claim denial (ECAB 17-1674)
J.B. attributed left elbow and bilateral hand conditions to repetitive deportation and contracting duties. The Board accepted the described work duties but found the medical testing only diagnosed carpal tunnel syndrome and did not connect the conditions to employment. It affirmed the denial.
L.T. and U.S. Postal Service, Post Office, Cordova, TN
Board upholds shoulder injury claim denial (ECAB 17-1537)
L.T. reported a pull or pop in her right shoulder while reaching for a parcel on November 12, 2015. The Board accepted the incident but found the diagnostic studies and medical reports did not give a sufficiently reasoned opinion connecting it to a diagnosed condition. Its analysis once says…
C.P. and U.S. Postal Service, Post Office, Niles, MI
Board upholds cervical disease claim denial (ECAB 17-1421)
C.P. attributed a cervical disc condition to mail casing, lifting, bending, and other carrier duties. The Board accepted those duties as facts but found the doctors did not adequately explain how they caused or aggravated the disc condition. It affirmed the denial for lack of reasoned medical…
B.C. and U.S. Postal Service, Post Office, Harrington, IL
Board reverses termination of injury benefits (ECAB 17-1085)
OWCP had accepted B.C.’s shoulder and back conditions but terminated his benefits based on an impartial medical report. The specialist rejected the work relationship of an accepted herniated disc, contrary to the statement of accepted facts supplied to him. The Board found his opinion could not…
J.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX
Board upholds wage capacity determination (ECAB 17-1008)
J.J. asked OWCP to change its 2013 loss of wage earning capacity decision after she stopped working in 2016. The Board found no evidence that the original modified nursing job was unsuitable when the 2013 decision issued. It also found that her later evidence did not establish a compensable change…
J.K., claiming as mother of J.K., and Department of the Interior, National Park Service, Bryce Canyon, UT
Board upholds survivor benefit overpayment and fault finding (ECAB 17-0142)
J.K. received survivor benefits for her daughter after the daughter ceased qualifying as a student. The Board upheld the overpayment and found J.K. at fault, so recovery could not be waived. The release states $19,139.57 in its conclusion and $19,137.59 in its analysis for the declared payment…
Payton Roofing, Inc.
Three roof fall items affirmed
OSHA inspected Payton Roofing crews at two residential buildings and cited several fall-protection conditions. After multiple items were withdrawn, the judge addressed an unguarded roof opening, two employees connected to a single-user anchorage, and a damaged lifeline that had not been removed…
Thomas Lee Kreimier v. Coeur Alaska, Incorporated
Sleeping-on-duty evidence defeated retaliation claim
Thomas Kreimier reported that a supervisor instructed another worker to cross a locked gate to restart a crusher, and Coeur Alaska fired Kreimier about six weeks later. Kreimier alleged retaliation, while the company said he was terminated for sleeping in the mill control room during two…
Secretary of Labor v. Solar Sources, Inc.
Special-assessment settlement denied before Commission reversal
A miner fell nearly 14 feet from an end-dump truck after an obstructing rope caught his hard hat and a severely corroded handrail chain broke. MSHA specially assessed one of three related citations at $68,300, but the parties proposed replacing that amount with a $4,548 regular assessment and…
M.C. and U.S. Postal Service, Post Office, San Antonio, TX
Board upholds carpal tunnel claim denial (ECAB 17-1579)
M.C., a former letter carrier, attributed right carpal tunnel syndrome to repetitive postal duties. OWCP accepted those duties. One physician linked the symptoms to an earlier shoulder injury; another attributed them to repetitive work but did not adequately explain the causal link. It affirmed the…
W.S. and U.S. Postal Service, Post Office, Antioch, IL
Board orders new right arm impairment rating (ECAB 17-1516)
W.S. challenged a five percent right arm permanent impairment award. The Board found OWCP had used inconsistent methods for upper extremity ratings under the impairment guide. It ordered OWCP to apply a uniform method and issue a new decision.
L.F. and Department of Homeland Security, FEMA Emergency Preparedness & Response, Atlanta, GA
Board upholds claim denial after dizziness report (ECAB 17-1511)
L.F. reported dizziness, headaches, and high blood pressure after driving for work on March 16, 2017. The Board accepted the incident but found his medical submissions showed normal scans and did not diagnose an injury or explain a causal link to the drive. It affirmed the denial.
A.C. and U.S. Postal Service, Inspection Service, Washington, DC
Board upholds refusal to reopen injury claim (ECAB 17-1111)
A.C. sought reconsideration of OWCP’s earlier termination of medical and wage loss benefits. Her submission challenged an examining doctor and restated that she had injury residuals, but did not supply a new and relevant legal argument or pertinent evidence warranting merit review. The Board…
J.N. and Department of the Army, Medical Command, Fort Sam Houston, TX
Board upholds $25,000 overpayment recovery (ECAB 17-1043)
J.N. received workers’ compensation while also receiving a $25,000 voluntary separation incentive. The Board upheld the resulting overpayment, found her at fault, and agreed that OWCP could withhold $150 from continuing compensation payments to recover it. Because she was at fault, recovery could…
J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL
Board upholds denial of added spine injury and impairment (ECAB 17-0767)
J.D. sought acceptance of several thoracic disc herniations as consequences of accepted spine conditions and larger schedule awards for both legs. The Board found her physician did not explain how the accepted conditions caused the new disc findings. It also found she had not established impairment…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institute, Bennettsville, South Carolina (Agency) and American Federation of Government Employees, Local 2585, Council of Prison Locals #33 (Union)
FCI Bennettsville and AFGE Local 2585 (FLRA 0-AR-5286): Augmentation backpay award upheld
The Federal Correctional Institution in Bennettsville assigned non-correctional employees to vacant correctional posts through a process called augmentation. An arbitrator found that the prison violated a binding past practice and several contract provisions by expanding augmentation without…
Secretary of Labor obo Jonathan Holskey v. Pennyrile Energy, LLC
Temporary economic reinstatement approved
The Judge had previously ordered Pennyrile Energy to return Jonathan Holskey to his former job after finding his discrimination complaint non-frivolous. The parties then negotiated temporary economic reinstatement instead of Holskey physically returning to the Riveredge Mine. Judge Kenneth R…
A.S. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
Board finds hearing loss claim timely (ECAB 17-1639)
A.S. filed a hearing loss claim in December 2015 after learning from an audiogram that he might have noise related loss. OWCP counted three years from his last work exposure in 2009 and denied the claim as late. The Board found the record did not show he should have known of the work related loss…
M.D. and Department of Veterans Affairs, Bay Pines Veterans Medical Center, Bay Pines, FL
Board upholds denial of additional right leg award (ECAB 17-1571)
M.D. sought an award above three percent permanent right leg impairment. The new medical reports did not rate that leg’s impairment, so the Board found no proof of a higher award. It could not review her separate left arm argument because OWCP’s appealed decision did not rule on that issue.
D.A. and U.S. Postal Service, Cardiss Collins Post Office, Chicago, IL
Board upholds late reconsideration denial (ECAB 17-1503)
D.A. requested reconsideration years after the last merit decision on her disability claim. The Board agreed the request was late and found that her submitted medical reports did not demonstrate clear error in that decision. It affirmed OWCP’s refusal to reopen the claim.
S.J. and U.S. Postal Service, Post Office, Medford, OR
Board reverses termination of shoulder injury benefits (ECAB 17-0956)
S.J. received benefits for a shoulder injury. OWCP terminated them based on a second opinion that attributed ongoing problems mainly to degeneration. The Board found that the physician did not adequately explain why work injury residuals had ended, so OWCP had not met its burden to terminate…
C.H. and U.S. Postal Service, Post Office
Board upholds termination after suitable work refusal (ECAB 17-0938)
C.H. refused an offered position after a work related back injury and surgery. An impartial medical examiner found she could perform light duty within restrictions. The Board found that OWCP properly determined the job was suitable, her refusal was not justified, and the benefit termination was…
L.M. and Department of the Air Force, Tinker Air Force Base, OK
Board upholds pay rate and overpayment recovery (ECAB 16-1305)
L.M. challenged the pay rate used for compensation and a $4,579.11 overpayment for November 2014 through June 2015. The Board upheld the pay rate, the overpayment, and OWCP’s decision not to waive recovery. It also approved deductions of $100 from continuing compensation every 28 days.
Fraternal Order of Police, Lodge No. 168 and United States Department of the Air Force, 87th Air Base Wing, Joint Base McGuire-Dix-Lakehurst, New Jersey
Air Force 87th Air Base Wing and Police Lodge 168 (FLRA 0-AR-5299): Backpay denial upheld
An Air Force base temporarily removed a police officer's authorization to carry a firearm and reassigned him while investigating misconduct. An arbitrator found that the agency delayed discipline and missed a required review of his do-not-arm status, but denied backpay and attorney fees because…
M.P. and U.S. Postal Service, Post Office, Zephyrhills, FL
Board upholds left elbow injury claim denial (ECAB 17-1634)
M.P. reported left elbow symptoms after an accepted May 19, 2017 work incident. His physician diagnosed only pain, which the Board held was a symptom rather than a compensable diagnosis. Other reports came from practitioners who did not qualify as physicians under the governing law, so the Board…
E.O. and Department of Veterans Affairs, Regional Benefit Office, Buffalo, NY
Board upholds claim denial after workplace fall (ECAB 17-1534)
E.O. fell after catching her heel on a rug while leaving work on September 8, 2014. OWCP accepted the fall as a work incident. The Board found her medical reports did not clearly identify a condition caused by that incident or explain the causal connection, so it upheld the denial.
G.B. and U.S. Postal Service, Processing & Distribution Center, Chicago, IL
Board upholds denial of late hearing request (ECAB 17-1519)
G.B. requested a hearing months after the 30 day period following OWCP’s November 3, 2016 injury decision. The Board found he had no hearing right at that point and that OWCP reasonably declined to grant a discretionary hearing because reconsideration remained available. It affirmed the refusal.
S.H. and U.S. Postal Service, Post Office, Oklahoma City, OK
Board upholds denial of increased right leg award (ECAB 17-1457)
S.H. sought more than the five percent right leg impairment previously awarded for a work related foot condition. Her doctor rated six percent, but OWCP’s medical adviser used her examination and gave a reasoned five percent rating. The Board found she had not proved greater impairment and affirmed.
B.A. and Department of Transportation, Transportation Security Administration, Washington, DC
Board upholds wrist and shoulder injury denial (ECAB 17-1130)
B.A. reported left shoulder and wrist injuries from an accepted December 27, 2013 incident. The Board found her doctor’s later report addressed a 2016 wrist condition without explaining its medical connection to the 2013 event. Imaging also did not establish causation, so the Board affirmed the…
S.S. and U.S. Postal Service, Post Office, LaGrange, GA
Board upholds late reconsideration denial (ECAB 17-0706)
S.S. sought reconsideration of an injury claim arising from a work related motor vehicle accident. OWCP received the request more than one year after its May 18, 2015 merit decision. The Board found the later medical evidence did not demonstrate clear error in that decision and upheld the refusal…
S.A. and U.S. Postal Service, Post Office, Denver, CO
Board upholds occupational disease claim denial (ECAB 16-1128)
S.A. attributed hip, foot, and calf conditions to postal supervisory work that included walking, bending, and squatting. The Board accepted those duties but found her medical evidence did not sufficiently explain how the specific work factors caused the claimed conditions. It affirmed the denial.
Secretary of Labor v. Blanchard Machinery Company
Conventional discovery allowed
The Chief Judge assigned Blanchard Machinery's two-citation case to the Commission's streamlined Simplified Proceedings process. Blanchard asked to leave that process because it wanted written discovery, an inspector deposition, possible expert testimony, and a potential summary-decision motion…
L.H. and Department of Transportation, Federal Aviation Administration, Washington, DC
Board upholds emotional condition claim denial (ECAB 17-1295)
L.H. attributed anxiety and other symptoms to an alleged coworker threat and discriminatory treatment by a supervisor. The Board found that the record did not adequately corroborate the threat or establish the alleged discrimination as a compensable workplace factor. It affirmed the denial.
S.L. and U.S. Postal Service, Post Office, Brooklyn, NY
Board restores hearing request for written review (ECAB 17-1273)
S.L. told OWCP before his scheduled oral hearing that he could not attend and requested review of the written record instead. OWCP nonetheless treated the hearing request as abandoned. The Board found the timely notice and conversion request defeated abandonment, set aside that ruling, and remanded…
T.S. and Department of Veterans Affairs, Black Hills Health Care System, Fort Meade, SD
Board upholds late reconsideration denial (ECAB 17-1163)
T.S. requested reconsideration more than one year after the January 15, 2016 merit decision on her injury claim. The Board found the request late and held that later medical evidence did not clearly demonstrate error in the original denial. It affirmed OWCP’s decision.
R.R. and Department of the Navy, Military Sealift Command, Norfolk, VA
Board upholds back injury claim denial (ECAB 17-1132)
R.R. attributed back conditions to an accepted November 23, 2014 work incident. Dr. Allen supported a connection, but his opinion omitted an earlier spinal claim, lacked a physical examination, and did not explain how cited medical literature applied to R.R. Dr. Lum’s causation opinion was…
D.M. and U.S. Postal Service, Post Office, Corpus Christi, TX
Board upholds denial of schedule award (ECAB 17-1128)
D.M. had accepted back and neck conditions and sought a permanent impairment award. The Board explained that a spine injury alone does not receive a schedule award, although related permanent impairment of an arm or leg may qualify. Her medical submissions did not establish impairment of a…
A.O. and Department of Labor, Office of the Assistant Secretary for Administration & Management, San Francisco, CA
Board upholds emotional condition claim denial (ECAB 16-1779)
A.O. attributed stress and anxiety to a confrontation with his supervisor on October 30, 2014. The Board treated the alleged personnel dispute as compensable only if the record established error or abuse. It found that the evidence did not substantiate a compensable work factor and affirmed the…
Secretary of Labor v. Brody Mining, LLC
Seven orders reassessed at $85,000 on remand
The Commission remanded findings for seven section 104(d)(2) orders issued at Brody Mine No. 1 for coal accumulations, ventilation-plan failures, an inadequate preshift examination, a flooded escapeway, and an unguarded shuttle-car opening. Judge L. Zane Gill reconsidered S&S, unwarrantable…
B.H. and Department of the Air Force, Hill Air Force Base, Ogden, UT
Emotional condition claim denied for lack of compensable work factor (ECAB 17-1437)
B.H., an aircraft mechanic, attributed an emotional condition to an allegedly improper return to light duty and an alleged alteration of his work restrictions. The Board found no probative evidence that his assigned duties exceeded his physician’s restrictions or that an employing establishment…
G.W. and Department of Justice, Bureau of Prisons, Oakdale, LA
Wage-loss claim after accepted cervical sprain denied (ECAB 17-1290)
G.W., a prison correctional officer, had an accepted cervical sprain after a coworker shoved him. He later sought wage-loss compensation for time away from work beginning September 26, 2016. His physician’s work restriction referred to PTSD, which OWCP had not accepted as work related, and the…
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.