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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P.J. and U.S. Postal Service, Post Office, Elkins Park, PA
Consequential elbow injury denial affirmed (ECAB 17-0570)
P.J., a postal employee with accepted right knee conditions, claimed that those conditions led to a right elbow fracture. OWCP denied the consequential injury claim. The Board found that the medical evidence did not adequately establish the claimed causal chain from the accepted knee conditions to…
D.O. and Department of Commerce, Bureau of the Census, Jeffersonville, IN
Termination sustained but continuing disability claim remanded (ECAB 16-1726)
D.O., a Census Bureau employee, challenged termination of benefits for accepted injuries and claimed continuing disability. The Board held that OWCP had justified termination effective November 28, 2012. It found the impartial medical opinion inadequate to decide whether she later had continuing…
G.S. and U.S. Postal Service, Post Office, Milwaukee, WI
Back injury claim remanded for correct classification (ECAB 16-0908)
G.S., a postal employee, claimed a back injury after repetitive bending at work. The record described work exposure over multiple days, but OWCP had treated the claim as a single-shift traumatic injury without resolving that discrepancy. The Board set aside the injury denial and reconsideration…
B.L. and U.S. Postal Service, Post Office, Milwaukee, WI
Late reconsideration denial affirmed (ECAB 17-1452)
B.L., a postal employee, asked OWCP to reconsider an earlier merits decision. Her request arrived one day after the adjusted one-year deadline. The Board found it untimely and found no clear evidence of error in the earlier decision. It affirmed OWCP’s refusal to reopen the claim.
M.D. and Department of the Treasury, Internal Revenue Service, Washington, DC
Right arm impairment claim remanded for new rating (ECAB 17-1424)
M.D., an Internal Revenue Service employee, sought a schedule award above the 11 percent right arm impairment already awarded. The Board found that OWCP had not used a consistent method for rating upper extremity impairment. It set aside the denial and ordered a new award decision under a uniform…
R.J. and Department of the Army, Sustainment Command, Ansbach, Germany
Right eye injury denial affirmed (ECAB 17-1384)
R.J., an Army employee, sought compensation for a right eye condition after an accepted February 2017 work incident. The Board found that his medical evidence did not adequately connect the claimed eye condition to that incident. It affirmed OWCP’s injury denial.
R.P. and U.S. Postal Service, Wagner Station, Los Angeles, CA
Impairment claim reconsideration denial affirmed (ECAB 17-1383)
R.P., a postal employee, requested reconsideration of an earlier decision concerning permanent impairment. The Board could review only OWCP’s nonmerit ruling. It found that his additional report repeated an impairment assessment already considered and did not supply relevant new evidence or a…
M.L. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
Fall incident accepted but injury denial upheld (ECAB 17-1095)
M.L., an Internal Revenue Service employee, fell at work in March 2017 and sought compensation for a resulting injury. The Board found that the unexplained fall occurred in the performance of duty. It nevertheless found no adequate medical evidence linking a diagnosed condition to the fall. It…
A.W. and U.S. Postal Service, Post Office, Gig Harbor, WA
Wrist injury denial affirmed as modified (ECAB 17-1028)
A.W., a postal employee, reported a right wrist injury from a January 2017 workplace incident. The Board found that the incident occurred as alleged but that the medical evidence did not establish a causal link to her wrist condition. It affirmed OWCP’s denial as modified to recognize the incident.
A.S. and U.S. Postal Service, Post Office, Camden, NJ
Termination of wage loss and medical benefits affirmed (ECAB 17-1000)
A.S., a postal employee, challenged OWCP’s termination of wage-loss and medical benefits for an accepted injury. The Board found that the impartial medical opinion resolved the conflict over continuing disability and supported the end of benefits. It affirmed the termination effective April 12…
Francis J. Palo, Inc.
Bridge load-bearing item affirmed
Francis J. Palo served as general contractor for the phased demolition and reconstruction of a concrete arch bridge. The company placed a tracked excavator weighing more than 90,000 pounds on the section being demolished while cuts through the supporting abutments were underway. That side of the…
Truston Technologies, Inc.
Access item affirmed and sling item vacated
Truston Technologies supervised Navy mooring-maintenance work in Pearl Harbor where an 11,500-pound buoy detached during a crane lift, killing two subcontractor employees and seriously injuring two others. The judge vacated a sling shock-loading item because the backup sling did not establish the…
Hawaii Federal Employees Metal Trades Council (Union) and United States Department of the Navy, Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (Agency)
Hawaii Metal Trades Council and Pearl Harbor Naval Shipyard (FLRA 0-AR-5279): Contractor-use grievance denial upheld
Pearl Harbor Naval Shipyard used contractors to prepare technical reports estimating proposed shipbuilding and repair costs. A union employee argued that this work was inherently governmental and could not be assigned to contractors. The arbitrator denied the grievance after finding that agency…
Secretary of Labor obo Stacey Wayne Puckett v. Panther Creek Mining, LLC
Temporary reinstatement dissolved after MSHA declined the claim
Panther Creek Mining had been providing Stacey Wayne Puckett temporary economic reinstatement while MSHA investigated his discrimination complaint. MSHA later told Puckett that its investigation had not found sufficient evidence of a Mine Act violation and that the Secretary would not bring a…
S.G. and U.S. Postal Service, Gary-Tolleston Station, Gary, IN
Reconsideration denial remanded for correct review standard (ECAB 17-1433)
S.G., a postal employee, asked OWCP to reconsider an earlier denial of her shoulder claim. OWCP evaluated her late request using the standard for timely reconsideration. The Board held that the more stringent clear-evidence-of-error standard applied. It set aside the nonmerit ruling and remanded…
G.H. and U.S. Postal Service, Post Office, Cranston, RI
Ankle and back injury denial affirmed (ECAB 17-1387)
G.H., a postal employee, claimed left ankle and back injuries from an accepted February 2017 workplace incident. OWCP denied the medical injury claim. The Board found that the medical evidence did not establish the claimed causal connection. It affirmed the denial.
V.R. and U.S. Postal Service, Post Office, Sparks, NV
Left arm impairment award denial affirmed (ECAB 17-1166)
V.R., a postal employee, sought a schedule award for claimed permanent impairment of her left arm from an accepted injury. The Board found that the medical evidence did not establish ratable permanent impairment causally related to that injury. It affirmed OWCP’s denial.
J.F. and U.S. Postal Service, Post Office, Zion, IL
Right shoulder injury denial affirmed (ECAB 17-1119)
J.F., a postal employee, sought compensation for a right shoulder condition after a March 2016 workplace incident. The Board found that the medical reports did not establish a diagnosed condition caused by that incident. It affirmed OWCP’s injury denial.
J.S. and Government Printing Office, Washington, DC
Reconsideration refusal affirmed (ECAB 17-0867)
J.S., a Government Printing Office employee, asked OWCP to reopen disputes over a recurrence and a leg impairment award. The Board could review only the later nonmerit reconsideration decision. It found that he repeated an earlier argument and resubmitted medical reports already considered. It…
A.C. and U.S. Postal Service, Post Office, St. Petersburg, FL
Late reconsideration denial affirmed (ECAB 17-0663)
A.C., a postal employee, sought reconsideration of an earlier compensation ruling. The Board reviewed only OWCP’s nonmerit refusal to reopen. It found that his request was untimely and did not show clear evidence of error in the earlier merits decision. It affirmed the refusal.
P.L. and U.S. Postal Service, Post Office, Chicago, IL
Late reconsideration request returned for correct standard (ECAB 17-0146)
P.L., a postal employee, asked OWCP to reconsider an earlier compensation decision. OWCP applied the standard for a timely request even though more than a year had elapsed since the last merits decision. The Board set aside the refusal and remanded for review under the clear-evidence-of-error…
G.B. and U.S. Postal Service, Post Office, Hartford, CT
Left arm impairment claim remanded for uniform rating (ECAB 17-1370)
G.B., a postal employee, sought an award above seven percent permanent impairment of his left arm. The Board found that OWCP needed to apply a uniform method for assessing upper extremity impairment. It set aside the award decision and remanded for a new determination. The degree of additional…
S.H. and U.S. Postal Service, Post Office, New Brunswick, NJ
Left arm award claim remanded for new rating (ECAB 17-1348)
S.H., a postal employee, sought a schedule award above seven percent impairment of her left arm. The Board found that OWCP had not applied a consistent method for rating upper extremity impairment. It set aside the denial and ordered a new award determination. Her entitlement to an increased award…
D.G. and U.S. Postal Service, Post Office, Milwaukee, WI
Reconsideration refusal affirmed (ECAB 17-1251)
D.G., a postal employee, asked OWCP to reconsider an earlier injury decision. The Board could review only the later nonmerit ruling. It found that her submission did not meet the requirements for reopening the claim on its merits. It affirmed OWCP’s refusal.
A.S. and U.S. Postal Service, Post Office, Rantail, IL
Foot condition claim remanded for clearer medical opinion (ECAB 17-1033)
A.S., a postal employee, sought compensation for foot conditions he attributed to accepted work factors. OWCP relied on an impartial examiner after physicians disagreed over work causation. The Board found that the examiner’s report did not adequately resolve that conflict. It set aside the denial…
J.C. and Environmental Protection Agency, Air Enforcement & Compliance Assurance Branch, Chicago, IL
Recurrence of disability denial affirmed (ECAB 17-0955)
J.C., an Environmental Protection Agency employee with accepted injuries, claimed a recurrence of total disability beginning in March 2015. The Board found that the medical evidence did not establish that the accepted conditions caused the claimed period of total disability. It affirmed OWCP’s…
K.R. and U.S. Postal Service, Processing & Distribution Center, Sacramento, CA
Carpal tunnel claim and late hearing denial affirmed (ECAB 17-0928)
K.R., a postal employee, attributed carpal tunnel syndrome to her work duties. The Board found that she had not established the required medical connection to those duties. It also found that her request for review of the written record was untimely. It affirmed both OWCP rulings.
T.M. and U.S. Postal Service, Post Office, Albany, NY
Back condition occupational disease denial affirmed (ECAB 17-0336)
T.M., a postal employee, claimed that her work duties aggravated a back condition. OWCP accepted the described work factors but denied the medical claim. The Board found that the evidence did not adequately link a diagnosed injury to those factors. It affirmed the denial.
Matter of David Paul KEELEY
Generic rape includes specified forms of penetration
The Board reviewed a United Kingdom national’s appeal from a removal order based on an Ohio rape conviction. The Board held that the aggravated-felony term “rape” in the immigration statute includes vaginal, anal, or oral intercourse and digital or mechanical penetration, no matter how slight, and…
L.J. and U.S. Postal Service, Post Office, Champaign, IL
Left foot impairment award denial affirmed (ECAB 17-1533)
L.J., a postal letter carrier with an accepted left foot condition, sought a schedule award for permanent impairment. The Board found that the evidence did not establish ratable permanent impairment of her left foot. It affirmed OWCP’s denial.
D.H. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY
Back injury denial affirmed (ECAB 17-1146)
D.H., a Veterans Affairs employee, claimed a back injury after an accepted September 2016 work incident. OWCP accepted the incident and a back diagnosis but denied the causal link. The Board found that the medical reports did not adequately explain how the incident produced the condition. It…
J.S. and U.S. Postal Service, Post Office, Hornell, NY
Back condition injury denial affirmed (ECAB 17-0987)
J.S., a postal employee, sought compensation for a back condition after a March 2015 workplace incident. The Board found that the medical evidence did not adequately establish a causal link between the incident and the diagnosed condition. It affirmed OWCP’s denial.
C.M. and Department of Veterans Affairs, Captain James A. Lovell Federal Health Center, North Chicago, IL
Workplace incident accepted and injury claim remanded (ECAB 17-0891)
C.M., a Veterans Affairs medical support assistant, claimed an injury from a July 2016 incident at work. OWCP denied that the incident happened as alleged and therefore did not assess the medical evidence. The Board found that the incident occurred in the performance of duty. It set aside the…
T.G. and U.S. Postal Service, Post Office, West Palm Beach, FL
Late reconsideration denial affirmed (ECAB 17-0814)
T.G., a postal employee, requested reconsideration of an earlier occupational disease denial. The Board found that her request was late and that her submissions did not show clear evidence of error in the merits decision. It affirmed OWCP’s nonmerit refusal to reopen.
R.R. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
Request to expand accepted injury denied (ECAB 17-0799)
R.R., a Navy shipyard employee, asked OWCP to add several conditions to an accepted 1985 injury claim. The Board found that the medical evidence did not adequately link those additional conditions to the accepted injury. It affirmed OWCP’s refusal to expand the claim.
M.A. and U.S. Postal Service, Post Office, Anaheim, CA
Occupational disease reconsideration refusal affirmed (ECAB 16-1846)
M.A., a postal city carrier, asked OWCP to reconsider its denial of a back condition claim she linked to years of carrying mail. The Board could review only the later nonmerit decision. It found that her physician’s new report repeated arguments and diagnoses already considered and did not warrant…
Heather Mulford v. Robinson Nevada Mining Company
Discrimination complaint dismissed for lack of causation
Heather Mulford alleged that Robinson Nevada Mining discharged her after she reported possible on-duty alcohol use by the mine's safety manager and a possible effort to conceal an employee's positive drug test. Judge William B. Moran treated those reports as protected safety activity but found that…
Secretary of Labor v. Nally & Hamilton Enterprises, Inc.
Split Commission leaves non-S&S findings in place
MSHA challenged an administrative law judge's decision to remove significant-and-substantial designations from a citation under 30 C.F.R. § 77.1001 and an order under 30 C.F.R. § 77.1713(a). The Commission divided evenly on whether substantial evidence supported the judge. Acting Chairman William…
L.B. and U.S. Postal Service, Post Office, Chicago, IL
Reconsideration refusal affirmed (ECAB 17-1594)
L.B., a postal employee, asked OWCP to reconsider an occupational disease claim involving neck and arm conditions. The Board could review only the later nonmerit decision. It found that the request did not warrant a new review of the claim’s merits. It affirmed OWCP’s refusal to reopen.
R.R. and Department of the Air Force, Air Combat Command, Langley Air Force Base, VA
Knee injury denial affirmed (ECAB 17-1368)
R.R., an Air Force employee, claimed knee injuries from an accepted May 2016 workplace incident. The Board found that his medical evidence did not adequately connect the knee conditions to that incident. It affirmed OWCP’s injury denial.
V.B. and U.S. Postal Service, Post Office, Chamblee, GA
Left leg impairment claim remanded for medical review (ECAB 17-1326)
V.B., a postal employee, sought a schedule award above one percent impairment of his left leg. He submitted a later physician report and MRI evidence supporting a different rating, but OWCP had not sent that material to its medical adviser. The Board set aside the award decision and remanded for…
R.J. and U.S. Postal Service, Post Office, Charlotte, NC
Neck condition occupational disease denial affirmed (ECAB 17-1138)
R.J., a postal automotive technician, attributed a neck condition to lifting and reaching at work. OWCP accepted his described work factors but denied a resulting occupational disease. The Board found that the medical evidence did not adequately link a diagnosed condition to those factors. It…
D.E. and U.S. Postal Service, Post Office, Palmdale, CA
Total disability claim denial affirmed (ECAB 17-1005)
D.E., a postal employee with accepted left arm conditions, sought wage loss beginning February 2016. The Board found that the medical evidence did not adequately establish total disability from those accepted conditions during the claimed period. It affirmed OWCP’s denial.
A.S. and Department of Justice, Marshals Service, Covington, KY
Lumbar injury denial affirmed (ECAB 17-0868)
A.S., a Marshals Service employee, sought compensation for a lumbar injury after an accepted May 2015 workplace incident. The Board found that the medical reports did not adequately connect the diagnosed back condition to that incident. It affirmed OWCP’s denial.
Y.P. and U.S. Postal Service, Post Office, San Diego, CA
Reconsideration denial affirmed (ECAB 17-0853)
Y.P., a postal employee, asked OWCP to reconsider an earlier compensation ruling. The Board had jurisdiction only over the later nonmerit decision. It found that the request did not meet the requirements for reopening the merits. It affirmed OWCP’s refusal.
Urban Erectors, LLC
Late notice of contest dismissed
OSHA mailed Urban Erectors a two-item serious citation with $9,240 in proposed penalties. The company’s secretary signed for the citation, but the company said she did not open the envelope and misplaced or discarded it. Urban Erectors filed its notice of contest about four months after the…
J.G. and U.S. Postal Service, Post Office, Charlotte, NC
Injury denial after postal truck collision affirmed (ECAB 17-1382)
J.G., a postal carrier, claimed thumb and shoulder injuries after another vehicle struck his postal truck in November 2016. OWCP accepted the workplace incident. The Board found that the medical evidence did not adequately connect the claimed injuries to it. It affirmed the denial.
L.H. and Department of Justice, Federal Medical Center, Lexington, KY
Ankle injury and reconsideration denials affirmed (ECAB 17-1369)
L.H., a Federal Medical Center employee, claimed a left ankle injury after an accepted June 2015 workplace incident. The Board found that the medical evidence did not establish a causal link to the ankle condition. It also found that OWCP properly declined to reopen her claim on reconsideration…
T.P. and U.S. Postal Service, Post Office, Cincinnati, OH
Carpal tunnel occupational disease denial affirmed (ECAB 17-1147)
T.P., a postal clerk, attributed right hand carpal tunnel syndrome to her work duties. The Board found that the medical evidence did not adequately establish that the duties caused or aggravated the condition. It affirmed OWCP’s occupational disease denial.
M.K. and U.S. Postal Service, Post Office, Los Angeles, CA
Shoulder and thumb disease claim remanded for medical development (ECAB 17-1140)
M.K., a postal employee, attributed left shoulder and thumb conditions to repetitive mail work. The Board found that her physician’s report did not fully prove causation but gave a sufficiently detailed explanation to require more development. It set aside OWCP’s denial and remanded for a statement…
A.M. and U.S. Postal Service, Boydton Post Office, Boydton, VA
Reconsideration denial affirmed (ECAB 17-0893)
A.M., a postal employee, asked OWCP to reopen an earlier compensation decision. The Board could review only the later nonmerit reconsideration ruling. It found that her request did not meet the requirements for a new merits review and affirmed the refusal.
R.B. and U.S. Postal Service, Post Office, Detroit, MI
Dependent rate increase denied (ECAB 17-0890)
R.B., a postal employee with a left leg schedule award, sought the higher compensation rate available for a qualifying dependent. She identified her adult son as dependent. The Board found that the record lacked physician evidence establishing that he was incapable of self-support as required for…
P.C. and Department of Labor, Employee Benefits Security Administration, Philadelphia, PA
Termination of compensation reversed (ECAB 16-1714)
P.C., a Department of Labor employee, challenged OWCP’s termination of wage-loss and medical benefits. The Board found a conflict between her treating psychologist and OWCP’s referral psychiatrist over whether the accepted condition had resolved. OWCP had not resolved that conflict before…
The Chemical Company
In re The Chemical Company (EAB TSCA Appeal No. 17-02C): consent agreement ratified
The Chemical Company entered into a Consent Agreement with EPA to resolve a TSCA enforcement matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the company to comply with every term of the…
E.D. and Administrative Office of the U.S. Courts, U.S. District Court, Santa Fe, NM
Reconsideration refusal affirmed (ECAB 17-1442)
E.D., a federal court employee, asked OWCP to reconsider an earlier compensation decision. The Board could review only the later nonmerit ruling. It found that her request did not warrant a new review of the underlying claim and affirmed OWCP’s refusal.
J.S. and U.S. Postal Service, Post Office, Milwaukee, WI
Hand occupational disease denial affirmed (ECAB 17-1300)
J.S., a postal employee, attributed bilateral carpal tunnel syndrome and thumb basal joint arthritis to work duties. The Board found that the medical evidence did not adequately connect those conditions to the accepted work factors. It affirmed OWCP’s denial.
M.J. and Government Printing Office, Washington, DC
Head, neck, and back injury denial affirmed (ECAB 17-1241)
M.J., a Government Printing Office employee, claimed head, neck, and back conditions after a November 2016 workplace incident. The Board found that the medical evidence did not adequately establish a causal link between the incident and those conditions. It affirmed OWCP’s denial.
A.M. and U.S. Postal Service, Post Office, Malden, MA
Injury denial after vehicle collision affirmed (ECAB 17-1107)
A.M., a postal letter carrier, sought compensation for head, neck, and back symptoms after her vehicle was rear-ended at work. The Board found that the medical evidence did not adequately connect a diagnosed condition to the accepted October 2016 incident. It affirmed OWCP’s denial.
J.S. and Department of Health & Human Services, National Institutes of Health, Bethesda, MD
Schedule award denial affirmed (ECAB 17-0541)
J.S., a National Institutes of Health employee with an accepted lumbar condition, sought a schedule award. The Board found that the record did not establish permanent impairment of a body member covered by the schedule award provisions. It affirmed OWCP’s denial.
S.B. and Department of Veterans Affairs, Northport Veterans Hospital, Northport, NY
Wage earning capacity modification denied (ECAB 17-0421)
S.B., a Veterans Affairs respiratory therapist, sought modification of a 2006 loss of wage-earning capacity determination. The Board found that she had not established a qualifying basis for changing that determination. It affirmed OWCP’s refusal to modify it.
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.