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
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COMM

K.O. and U.S. Postal Service, Manager Springfield Southwest Carrier Annex, Springfield, MO

Shoulder occupational disease denial affirmed (ECAB 17-1280)

K.O., a rural postal carrier, attributed shoulder conditions to casing, sorting, and delivering mail. OWCP accepted those work activities but denied her injury claim. The Board found that Dr. Bravata’s opinions were speculative and did not explain how those duties caused the diagnosed conditions…

November 21, 2017 ·ECAB
Affirmed
COMM

S.Y. and Department of Justice, Federal Bureau of Investigation, New York, NY

Termination for refusing offered work reversed (ECAB 17-1032)

S.Y., an FBI special agent with accepted lower back conditions, refused an offered operational management specialist position. OWCP ended his wage-loss compensation and schedule award benefits after finding the job suitable. The Board found that OWCP and its second-opinion physician had overlooked…

November 21, 2017 ·ECAB
Vacated
COMM

R.H. and U.S. Postal Service, Post Office, Louisville, KY

Reconsideration of wrist injury claim denied (ECAB 17-0876)

R.H. sought to reopen a denied claim for wrist injuries after a loading-dock dispute with a coworker over vehicle keys. OWCP had denied the injury claim and later refused a merits review on reconsideration. The Board found that her new statements about the incident and alleged harassment did not…

November 21, 2017 ·ECAB
Affirmed
COMM

D.L. and Department of Homeland Security, Immigration & Customs Enforcement, Glenco, GA

Overpayment and denial of waiver affirmed (ECAB 17-1432)

D.L., a federal criminal investigator, received schedule award payments after the award period ended, creating a $7,453.43 overpayment for February 6 through March 4, 2017. OWCP found that he was not at fault but denied waiver of recovery. The Board held that lack of fault alone did not justify…

November 20, 2017 ·ECAB
Affirmed
COMM

J.T. and U.S. Postal Service, Post Office, Kansas City, MO

Reconsideration of emotional condition claim denied (ECAB 17-1412)

J.T., a postal building equipment mechanic, attributed depression and anxiety to alleged workplace harassment and intimidation. OWCP had denied the claim because he had not established a compensable work factor. His reconsideration request asserted that his medical evidence was sufficient but…

November 20, 2017 ·ECAB
Affirmed
COMM

C.H. and Government Printing Office, Washington, DC

Cervical strain recurrence claim denied (ECAB 17-1239)

C.H., a Government Printing Office information technology specialist, had an accepted cervical strain from a 2009 work incident. He sought compensation for a recurrence of disability beginning February 1, 2016. The Board found that his physician did not address disability on that date or explain…

November 20, 2017 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Post Office, San Antonio, TX

Knee claim denial upheld on different ground (ECAB 17-0993)

D.C., a rural mail carrier, reported twisting his left knee after jumping away from a rattlesnake while delivering a package. OWCP denied the claim because it did not accept that the incident happened as alleged. The Board found the work incident established, but held that the medical reports did…

November 20, 2017 ·ECAB
Modified
COMM

W.E. and Department of the Navy, Naval Installations-All Others, San Diego, CA

Disability claims after back injury denied (ECAB 17-0451)

W.E., a Navy telecommunications specialist, had accepted back conditions after a manhole-lid removal incident and returned to light duty. He sought compensation for disability from January 11 through February 5, 2016 and from April 18, 2016 onward. The Board found that his physicians’ work notes…

November 20, 2017 ·ECAB
Affirmed
COMM

Matter of Alex Pieniazek OBSHATKO

Protection-order removability is based on reliable evidence

The Board reviewed the Department of Homeland Security’s appeal after an Immigration Judge terminated removal proceedings against an Uzbek lawful permanent resident who had been convicted of criminal contempt for violating a state protection order. The Immigration Judge used the categorical…

November 17, 2017 ·BIA
Remanded
COMM

C.H. and U.S. Postal Service, Post Office, Indianapolis, IN

Late reconsideration of leave buyback denial affirmed (ECAB 17-1967)

C.H., a postal rural carrier with accepted bilateral carpal tunnel syndrome, sought to buy back leave for work absences in 2013. Her request to reconsider OWCP’s leave buyback denial reached OWCP more than a year after its August 22, 2014 merit decision. The Board found the request untimely and…

November 17, 2017 ·ECAB
Affirmed
COMM

T.C. and Department of the Army, Army Depot, Anniston, AL

Back claim and reconsideration denials affirmed (ECAB 17-1449)

T.C., an Army heavy mobile equipment repairer, attributed a back condition to lifting, bending, standing, and other repetitive work. The Board found that his account did not sufficiently detail the frequency, duration, or circumstances of those duties and lacked corroboration of the alleged work…

November 17, 2017 ·ECAB
Affirmed
COMM

J.R. and U.S. Postal Service, Post Office, Portland, ME

Reconsideration of right knee claim denied (ECAB 17-1083)

J.R., a postal mail handler, sought reconsideration of a denied claim for a right knee meniscus tear after moving a wheeled container at work. Her physician submitted a new report repeating the opinion that the work incident caused the tear. The Board found the report substantially similar to…

November 17, 2017 ·ECAB
Affirmed
COMM

Z.B. and U.S. Postal Service, Post Office, Atlanta, GA

Shoulder and neck injury claim denial affirmed (ECAB 17-1027)

Z.B., a postal mail carrier, reported neck and shoulder pain while moving mail trays at work on October 15, 2016. OWCP accepted the incident but denied the injury claim. The Board found that the physician reports diagnosed strains without giving a history and reasoned opinion explaining how the…

November 17, 2017 ·ECAB
Affirmed
COMM

W.C. and U.S. Postal Service, College Station, Fairbanks, AK

Wage earning capacity reduction reversed (ECAB 17-0562)

W.C., a postal letter carrier with accepted back and left shoulder injuries, received disability compensation after stopping work. OWCP reduced his compensation based on an assumed ability to earn wages as a general clerk. The Board found that OWCP relied on a 2012 medical examination to assess his…

November 17, 2017 ·ECAB
Vacated
COMM

S.C., widow of R.C., and Department of Defense, Defense Supply Center, Columbus, OH

Widow’s death-benefit claim remanded for worksite asbestos evidence (ECAB 17-1637)

S.C. sought death benefits after her husband, a retired Defense Supply Center warehouse worker, died of lung cancer. She alleged that asbestos exposure during his federal employment contributed to his death. The employing agency supplied work history and testing materials, but the Board found they…

November 16, 2017 ·ECAB
Remanded
COMM

L.J. and U.S. Postal Service, Mount Hood Delivery Distribution Center, Portland, OR

Overpayment and waiver denial affirmed after return to full-time work (ECAB 17-1591)

L.J., a postal mail handler with an accepted shoulder injury, received total disability compensation for a period that included his return to full-time limited-duty work on June 16, 2016. The Board upheld OWCP’s calculation of a $1,152.59 overpayment for May 29 through June 25, 2016. Although OWCP…

November 16, 2017 ·ECAB
Affirmed
COMM

B.V. and Department of Veterans Affairs, Veterans Health Administration, New York, NY

Late reconsideration refusal affirmed after back injury claim (ECAB 17-1582)

B.V. requested reconsideration of OWCP’s August 12, 2015 denial of an injury claim. OWCP received the request on January 17, 2017, more than a year later. The Board found that his deployment to Guantanamo Bay did not establish the narrow regulatory exception for inability to communicate. The…

November 16, 2017 ·ECAB
Affirmed
COMM

J.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Indianapolis, IN

Late reconsideration refusal affirmed after back injury claim (ECAB 17-1269)

J.D., a VA motor vehicle operator, sought reconsideration of a denied claim involving a 2012 back injury. OWCP recorded his request as received more than one year after the Board’s April 7, 2015 merit decision. The Board found no record evidence that OWCP received the request earlier, despite…

November 16, 2017 ·ECAB
Affirmed
COMM

R.S. and U.S. Postal Service, Post Office, Jersey City, NJ

Traumatic injury claim denied for lack of reasoned medical causation (ECAB 17-1139)

R.S., a postal tractor trailer operator, fell on ice at work on February 3, 2015 and claimed injuries to his back and knees. OWCP accepted that the fall occurred but denied the injury claim. The Board found that the submitted medical reports did not adequately explain how the fall caused or…

November 16, 2017 ·ECAB
Affirmed
COMM

S.A. and Department of Homeland Security, Transportation Security Administration, Romulus, MI

Dual-benefit overpayment finding set aside for further development (ECAB 17-0165)

S.A., a transportation security officer with an accepted right wrist injury, appealed OWCP’s finding that she received a $9,960.13 overpayment while receiving federal retirement benefits. The Board found the record did not clearly establish whether she received OPM and FECA benefits for the same…

November 16, 2017 ·ECAB
Remanded
COMM

Secretary of Labor v. Olmos Contracting 1, LLC

Five reopenings denied and one assessment remanded

Olmos Contracting asked the Commission to reopen seven penalty matters, arguing that inexperienced office staff mishandled assessments and that the penalties threatened the company's business. The Commission found the oldest request barred by the one-year limit and denied four others because Olmos…

November 15, 2017 ·FMSHRC
Mixed result
COMM

W.L. and U.S. Postal Service, Post Office, Fremont, CA

Late written-record review request denied (ECAB 17-1538)

W.L., a postal city carrier, challenged the denial of a claim for a chest wall and rib injury. His request for review of the written record was postmarked more than 30 days after OWCP denied the injury claim. The Board found that OWCP reasonably declined a discretionary review because he could…

November 15, 2017 ·ECAB
Affirmed
COMM

K.P. and U.S. Postal Service, Post Office, Saint Louis, MO

Right knee injury claim denied for lack of medical causation (ECAB 17-1145)

K.P., a postal city carrier, tripped on broken concrete in a customer’s driveway and claimed a right knee injury. OWCP accepted the incident but denied her injury claim. The Board found that one physician checked a causation box without explanation, another described the relationship as only…

November 15, 2017 ·ECAB
Affirmed
COMM

L.B. and Department of the Army, Red River Army Depot, Texarkana, TX

Knee disease denial and late hearing refusal affirmed (ECAB 17-1100)

L.B., an Army depot painter with an earlier accepted knee injury, claimed that her current right knee condition resulted from her work duties. The Board found that her physicians did not give a reasoned opinion connecting the current condition to those duties; one expressly said the degenerative…

November 15, 2017 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, Post Office, White Plains, NY

Duplicate wage payment and recovery order affirmed (ECAB 17-1081)

M.M., a postal employee, reported a missing wage-loss compensation check and received a replacement for the same period. The Board found that he later deposited both checks, creating a $2,370.42 overpayment. Because the checks showed the same payment period, he knew or should have known the second…

November 15, 2017 ·ECAB
Affirmed
COMM

B.C. and Department of the Air Force, Randolph Air Force Base, TX

Intermittent disability compensation denial affirmed (ECAB 17-0589)

B.C., an Air Force equipment operator, had an accepted left knee condition after a workplace slip. He sought wage-loss compensation for intermittent absences beginning June 1, 2016. The Board found that the medical reports did not establish total disability on the specific dates claimed; one…

November 15, 2017 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Post Office, Hancock, MN

Occupational condition claim denied for unproved work factors (ECAB 17-1569)

D.C., a postal postmaster, alleged that work stress caused several medical conditions, including anxiety and fibromyalgia. He described heavy workload, long hours, and inadequate help. The Board found that he had not supplied job records, witness statements, or other evidence establishing the…

November 14, 2017 ·ECAB
Affirmed
COMM

M.A. and Department of Homeland Security, U.S. Immigration and Customs Enforcement, Fairfax, VA

Hearing loss schedule award denied for no ratable impairment (ECAB 17-1490)

M.A., an immigration enforcement special agent, sought a schedule award for claimed hearing loss after occupational noise exposure. The Board applied the prescribed hearing-loss calculation to the audiogram and found no ratable impairment in either ear. It also found that tinnitus could not support…

November 14, 2017 ·ECAB
Affirmed
COMM

M.T. and U.S. Postal Service, Post Office, St. Croix Falls, WI

Wage-loss claim denied despite accepted lumbar disc injury (ECAB 17-1240)

M.T., a postal employee, had an accepted lumbar disc injury and later worked in a modified position. He sought wage-loss compensation beginning March 19, 2016 after his employer removed him for cause; that removal was later reversed. The Board found that his medical reports did not show he could…

November 14, 2017 ·ECAB
Affirmed
COMM

M.S. and Department of Agriculture, U.S. Forest Service, Albuquerque, NM

Termination of wage-loss benefits reversed (ECAB 17-1181)

M.S., a Forest Service forestry technician, had accepted lumbar degenerative disc disease and a left hip sprain. OWCP terminated his wage-loss benefits based on a second-opinion report. The Board found that the physician acknowledged the accepted lumbar condition remained present and did not…

November 14, 2017 ·ECAB
Vacated
COMM

P.S. and U.S. Postal Service, Processing and Distribution Center, Los Angeles, CA

Emotional condition denial and reconsideration refusal affirmed (ECAB 17-1172)

P.S., a postal employee, claimed an emotional condition after being marked absent without leave while arranging leave following his father’s death. The Board found no evidence that the employer committed an administrative error or abuse, or that alleged harassment was established. It also found…

November 14, 2017 ·ECAB
Affirmed
COMM

M.M. and Department of Labor, Mine Safety and Health Administration, Madisonville, KY

Occupational right knee claim denied for insufficient causation evidence (ECAB 17-0960)

M.M., a Mine Safety and Health Administration employee, claimed a right knee condition caused or aggravated by federal work. The Board found that the submitted medical reports did not adequately explain how the accepted work factors caused or aggravated the diagnosed knee condition. Other records…

November 14, 2017 ·ECAB
Affirmed
COMM

J.C. and Department of Homeland Security, Citizenship and Immigration Services, Miami, FL

Reconsideration refusal affirmed for cumulative medical report (ECAB 17-0691)

J.C. sought reconsideration of a claim involving an accepted cervical sprain and cervicalgia. OWCP declined to reopen the merits after receiving a new report from his neurosurgeon. The Board found that the report repeated diagnoses and a causal opinion already in the record, without providing…

November 14, 2017 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 1206 (Union) and United States Department of Veterans Affairs, Veterans Health Administration (Agency)

AFGE Local 1206 and Veterans Health Administration (FLRA 0-AR-5298): Social-worker promotion denial upheld

The Veterans Health Administration converted social-worker positions to hybrid positions governed by new qualification standards. A review board declined to promote a GS-11 social worker to GS-12 because she lacked the advanced-practice license required under the new standards. An arbitrator found…

November 14, 2017 ·FLRA
Upheld
COMM

T.S. and Department of Justice, U.S. Marshals Service, Washington, DC

Cervical injury denial and reconsideration refusal affirmed (ECAB 17-1592)

T.S., a U.S. Marshals Service employee, claimed that moving ammunition boxes at work aggravated a preexisting cervical condition. The Board found that his physician did not adequately explain the causal link, particularly in light of earlier neck problems. His reconsideration request repeated an…

November 13, 2017 ·ECAB
Affirmed
COMM

R.H. and Internal Revenue Service, Kansas City, MO

Recurrence reconsideration remanded for merit review (ECAB 17-1183)

R.H. sought reconsideration of a denied recurrence of disability claim. She submitted a physician’s report discussing a new functional capacity evaluation that indicated she could no longer perform eight hours of sedentary work. The Board found this new, relevant evidence sufficient to require OWCP…

November 13, 2017 ·ECAB
Remanded
COMM

M.C. and Department of Homeland Security, Transportation Security Administration, Newark, NJ

Lower extremity schedule award denied for lack of work-related impairment (ECAB 17-1089)

M.C., a transportation security employee, sought a schedule award for lower extremity impairment after an accepted lumbosacral sprain. The Board credited an impartial specialist who found that the measured hip limitation was not caused by the accepted injury. The agency had not accepted a hip…

November 13, 2017 ·ECAB
Affirmed
COMM

D.D. and U.S. Postal Service, Post Office, Brooklyn, NY

Lower back aggravation claim denied for insufficient medical rationale (ECAB 17-1053)

D.D., a postal maintenance mechanic, claimed that pulling and pushing heavy buckets at work aggravated his lower back conditions. His physician diagnosed several spinal conditions and attributed the aggravation to the work, but did not explain the physiological link in detail. The diagnosed…

November 13, 2017 ·ECAB
Affirmed
COMM

I.W. and U.S. Postal Service, Post Office, New York, NY

Late occupational disease claim and duplicate filing affirmed (ECAB 17-0958)

I.W., a postal letter carrier, filed an occupational disease claim in 2015 for back and leg conditions she said arose by October 2008. The Board found it outside the three-year filing period. A 2008 recurrence form in an earlier injury case did not notify her supervisor of this separate…

November 13, 2017 ·ECAB
Affirmed
ALJ

The Thomas J. Dyer Company

Gas-cylinder storage item vacated

The Thomas J. Dyer Company kept oxygen and fuel-gas cylinders in separate compartments of a steel cage while performing daily welding and cutting work at a medical-center project. The judge found that OSHA did not prove the cylinders were “in storage” because the cage was accessed as needed and gas…

November 13, 2017 ·John B. Gatto ·OSHRC
Citations vacated
COMM

J.Y. and Department of the Air Force, Travis Air Force Base, CA

Skin impairment award above 16 percent denied (ECAB 17-0357)

J.Y., an Air Force employee with an accepted temporary aggravation of psoriasis, sought more than the existing 16 percent permanent skin impairment award. The Board found that one physician’s higher rating did not explain its method under the required impairment guides, while another rated…

November 13, 2017 ·ECAB
Affirmed
COMM

J.F. and U.S. Postal Service, Post Office, Salt Lake City, UT

Back injury claim remanded to consider approved medical report (ECAB 16-1204)

J.F., a postal carrier, claimed a back injury after moving a package that blocked a mailbox. OWCP accepted the work incident but rejected a medical report because it was signed by a physician assistant. The Board found that the report also showed review and approval by a supervising physician…

November 13, 2017 ·ECAB
Remanded
COMM

U.S. Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, AFL-CIO

Air Force Materiel Command and AFGE (FLRA AT-RP-17-0007): Hurlburt employees remain in unit

The Air Force asked to remove remaining Hurlburt Field employees from an AFGE bargaining unit after organizational and personnel changes. A regional director denied the request, finding no substantial change that made their continued inclusion inappropriate. The Authority denied review. It found…

November 9, 2017 ·FLRA
Upheld
COMM

Brent David Golub v. F & E Worldwide, Inc.

Golub v. F & E Worldwide (DOL ARB 2016-0039): Warehouse retaliation dismissal affirmed

Brent Golub managed a warehouse where employees used acetone to clean a large shipment of hairspray cans. He complained to the owner about the acetone and was fired after an angry confrontation. An administrative law judge found that Golub's complaint was protected activity that contributed to his…

November 9, 2017 ·DOL ARB
Affirmed
COMM

D.S. and U.S. Postal Service, Post Office, Havertown, PA

Left hand traumatic injury claim denied for unproved causation (ECAB 17-1422)

D.S., a postal employee, claimed a left hand injury from a January 23, 2017 delivery incident. His physician described tendinitis as likely due to repetitive parcel handling over time, using work activities that had not been established and a mechanism different from the claimed single incident…

November 9, 2017 ·ECAB
Affirmed
COMM

R.M. and Department of Defense, Pentagon Maintenance Department, Washington, DC

Additional upper extremity schedule awards denied (ECAB 17-1410)

R.M., a Defense Department employee, sought schedule awards greater than the one percent already awarded for each upper extremity. He submitted an electrodiagnostic study showing abnormalities, but it gave no opinion about the extent of permanent impairment. The Board found that the study did not…

November 9, 2017 ·ECAB
Affirmed
COMM

N.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Louisville, KY

Late reconsideration refused after off-duty fall claim (ECAB 17-1307)

N.L., a VA employee, sought reconsideration of a denied injury claim involving a fall after her scheduled work hours. OWCP received the request more than a year after its last merit decision. The Board found that later approval of compensatory time did not clearly establish that she was performing…

November 9, 2017 ·ECAB
Affirmed
COMM

A.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Bronx, NY

Cervical condition claim denied despite accepted fall (ECAB 17-1136)

A.D., a VA employee, fell while removing a lawn mower from a container at work. OWCP accepted postconcussion syndrome and a facial fracture but denied his additional cervical condition claim. The Board found that the physician’s reports did not explain how the fall caused or aggravated the…

November 9, 2017 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, San Mateo, CA

Lumbar injury claim remanded for medical development (ECAB 17-0705)

S.S., a postal employee, claimed a lumbar injury from lifting a bucket of magazines at work. The Board found that her physician’s detailed account of the lifting forces and preexisting disc condition was insufficient by itself to establish causation, but substantial enough to require further…

November 9, 2017 ·ECAB
Remanded
COMM

K.C. and U.S. Postal Service, Allapattah Branch, Miami, FL

Disability claim and benefit termination affirmed (ECAB 17-0379)

K.C., a postal employee with accepted lumbar and sacral sprains, sought wage-loss benefits for April through July 2015 and challenged termination of existing benefits in November 2015. The Board found that her physicians did not adequately tie the claimed absences to the accepted injuries. It…

November 9, 2017 ·ECAB
Affirmed
COMM

M.S. and Department of Veterans Affairs, Tennessee Valley Healthcare System, Nashville, TN

Additional right middle finger award denied (ECAB 16-1785)

M.S., a VA employee, sought a larger schedule award for an accepted right middle finger amputation. The Board found that the examining surgeon and OWCP medical adviser both properly rated the permanent digit impairment at eight percent under the applicable guides. No other medical evidence…

November 9, 2017 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Post Office, Fort Wayne, IN

Workplace fall recognized but cervical injury denial sustained (ECAB 17-1481)

J.P., a postal rural carrier, slipped on ice while delivering mail and claimed a cervical injury. The Board found that the December 19, 2016 work incident occurred as he described, correcting OWCP’s contrary factual finding. His medical reports, however, did not adequately explain how the fall…

November 8, 2017 ·ECAB
Modified
COMM

R.H. and Department of Homeland Security, Transportation Security Administration, Seattle, WA

Dual-benefit overpayment upheld in principle, amount remanded (ECAB 17-1423)

R.H. received FECA benefits without the required offset for Social Security benefits attributable to federal service. The Board agreed that this created a prohibited overpayment from October 2007 through December 2015. OWCP used two different calculations, $26,456.13 and $26,741.75, without…

November 8, 2017 ·ECAB
Mixed result
COMM

E.H. and U.S. Postal Service, Post Office, Elizabeth, CO

Termination of wage-loss eligibility upheld (ECAB 17-1402)

E.H., a postal postmaster, had an accepted temporary aggravation of left thumb arthritis. Her treating surgeon released her to unrestricted work after surgery and reported improvement. The Board found that this evidence showed the work-related disability had resolved, with no later medical evidence…

November 8, 2017 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, North Babylon, NY

Reconsideration refusal affirmed for irrelevant knee report (ECAB 17-1399)

G.S., a postal employee, sought reconsideration of a denied recurrence of disability claim. The new physician report addressed whether an earlier injury caused left knee osteoarthritis, but did not address the claimed period of total disability. The Board found that it was not relevant to the issue…

November 8, 2017 ·ECAB
Affirmed
COMM

Y.N. and U.S. Postal Service, Post Office, Pittsburgh, PA

Left knee occupational disease claim denied for weak causation opinions (ECAB 17-1236)

Y.N., a postal employee, claimed that moving heavy mail pallets aggravated or accelerated left knee tears and chondromalacia after pain began while gardening. The Board found that one physician gave no medical explanation of the asserted work link. Another relied on a disputed pallet weight and…

November 8, 2017 ·ECAB
Affirmed
COMM

C.A. and U.S. Postal Service, Post Office, Boston, MA

Additional left arm impairment award denied (ECAB 17-0665)

C.A., a postal employee, sought a schedule award above the existing six percent left upper extremity impairment rating. The Board credited OWCP’s medical adviser, who rated the accepted cubital tunnel syndrome under the appropriate entrapment neuropathy table of the impairment guides. The higher…

November 8, 2017 ·ECAB
Affirmed
COMM

E.B. and U.S. Postal Service, Jennings Branch Station, St. Louis, MO

Left arm schedule award remanded for consistent rating method (ECAB 17-0340)

E.B., a postal employee, sought a schedule award greater than the one percent previously granted for her left arm. The Board found that OWCP had applied inconsistent methods to upper extremity impairment ratings under the applicable guides. It set aside the one percent award and directed OWCP to…

November 8, 2017 ·ECAB
Remanded
COMM

Joseph Hill v. Jackson National Life Insurance Co. and Prudential, PLC

Hill v. Jackson National Life Insurance (DOL ARB 2016-0066): Appeal dismissed for missing brief

Joseph Hill appealed an administrative law judge's dismissal of his complaint that Jackson National Life Insurance and Prudential fired him in violation of the Sarbanes-Oxley Act. Hill said a protective order covering some case documents prevented him from obtaining new counsel. The Board sent the…

November 7, 2017 ·DOL ARB
Procedural
COMM

Administrator, Wage and Hour Division v. Parsetek, Inc.

Administrator v. Parsetek (DOL ARB 2016-0001): H-1B wages owed while no work was assigned

Parsetek employed Sumi Kutty Maniyanakunnath as an H-1B computer programmer but never assigned her programming work. An administrative law judge had found that her own circumstances made her unavailable and relieved Parsetek of wages for part of her employment. The Board reversed because an…

November 7, 2017 ·DOL ARB
Remanded

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.