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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E.B. and U.S. Postal Service, Post Office, Macon, GA
Wage loss for claimed disability period denied (ECAB 16-1838)
E.B., a postal employee with an accepted injury, sought wage loss for May 31 through June 22, 2016. The Board found that the medical evidence did not establish total disability during those dates due to her accepted February 2014 injury. It affirmed OWCP’s denial.
Matter of David TAVDIDISHVILI
Criminal negligence does not make homicide a crime involving moral turpitude
The Board reviewed an Israeli lawful permanent resident's appeal from a removal order based on convictions for criminally negligent homicide and promoting prostitution under New York law. It held that criminally negligent homicide is not categorically a crime involving moral turpitude because the…
A.K. and U.S. Postal Service, Post Office, Yonkers, NY
Additional left leg impairment award denied (ECAB 17-1347)
A.K., a postal letter carrier, sought a schedule award above nine percent permanent impairment of his left leg. The Board found that the medical evidence did not establish a higher ratable impairment. It affirmed OWCP’s refusal to increase the award.
P.M. and Office of Personnel Management, Federal Investigative Services, Clifton Park, NY
Carpal tunnel occupational disease denial affirmed (ECAB 17-1320)
P.M., an Office of Personnel Management employee, attributed bilateral carpal tunnel syndrome to her job duties. The Board found that the medical evidence did not establish that those duties aggravated or accelerated the condition. It affirmed OWCP’s denial.
D.S. and U.S. Postal Service, Post Office, Baltimore, MD
Right arm impairment claim remanded for new rating (ECAB 17-1184)
D.S., a postal employee, sought a schedule award above 35 percent impairment of her right arm. The Board found that OWCP needed to use a consistent method to rate upper extremity impairment. It set aside the award decision and remanded for a new determination. Additional entitlement remains…
V.L. and Department of the Navy, Naval Facilities Engineering Command, Norfolk, VA
Late reconsideration denial affirmed (ECAB 17-1108)
V.L., a Navy employee, asked OWCP to reconsider an earlier compensation ruling. The Board had jurisdiction only over the later nonmerit decision. It found that the request was untimely and did not show clear evidence of error. It affirmed OWCP’s refusal to reopen.
S.F. and Department of Homeland Security, Customs & Border Protection, Los Angeles, CA
Reconsideration refusal affirmed (ECAB 17-0733)
S.F., a Customs and Border Protection employee, asked OWCP to reopen an earlier compensation decision. The Board could review only the later nonmerit ruling. It found that his request did not meet the requirements for new merits review. It affirmed OWCP’s refusal.
S.H. and U.S. Postal Service, Post Office, Addison, TX
Disability claim partly affirmed and partly remanded (ECAB 16-1378)
S.H., a postal employee, sought wage loss beginning September 2012 from several accepted conditions. The Board found that she had not proved disability from her accepted right ankle and foot condition. It remanded for OWCP to decide whether the accepted psychiatric or left shoulder conditions…
S.D. and U.S. Postal Service, Post Office, Brockport, NY
Left knee occupational disease denial affirmed (ECAB 16-0999)
S.D., a postal employee, attributed advanced left knee osteoarthritis to his work duties. The Board found that the medical evidence did not adequately establish that the duties caused or aggravated the knee condition. It affirmed OWCP’s denial.
Midwest Steel, Inc.
Scaffold items affirmed after fatal fall
A Midwest Steel ironworker fell 33 feet from a temporary platform while welding steel columns at a hospital construction project and died. The judge vacated allegations concerning the worker’s synthetic lanyard because OSHA did not prove the cited heat-related hazard under the general duty clause…
Matter of Giovanni Rosalia VELLA
Prior lawful permanent residence bars a section 212(h) waiver
The Board reviewed an Italian lawful permanent resident's appeal from a removal order based on convictions for conspiracy to operate an illegal gambling business and conspiracy to commit extortion. It held that the phrase "previously been admitted" in the section 212(h) waiver bar includes any…
Y.J. and U.S. Postal Service, Post Office, Oakland, CA
Reconsideration denial remanded for correct standard (ECAB 17-1394)
Y.J., a postal employee, sought reconsideration of an earlier compensation ruling. OWCP reviewed her late request under the standard for a timely request. The Board set aside the refusal and remanded for review under the required clear-evidence-of-error standard. It did not decide the underlying…
R.J. and U.S. Postal Service, Post Office, Los Angeles, CA
Traumatic injury denial affirmed (ECAB 17-1228)
R.J., a postal employee, sought compensation for an alleged June 2016 work injury. The Board found that the record did not establish a compensable traumatic injury causally related to the incident. It affirmed OWCP’s two decisions denying the claim.
E.P. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
Late reconsideration denial affirmed (ECAB 17-1086)
E.P., an Air Force employee, requested reconsideration of an earlier compensation decision. The Board found that the request was untimely and did not show clear evidence of error. It affirmed OWCP’s nonmerit refusal to reopen and did not revisit the underlying claim.
D.M. and U.S. Postal Service, Processing & Distribution Center, Jacksonville, FL
Knee disease and late hearing denials affirmed (ECAB 17-0887)
D.M., a postal employee, claimed a left knee condition from his job duties. The Board found that the medical evidence did not adequately link the condition to work. It also found that his request for review of the written record was untimely. It affirmed both OWCP decisions.
P.C. and U.S. Postal Service, Post Office, Bethpage, NY
Multiple injury claims denied after workplace incident (ECAB 17-0880)
P.C., a postal employee, claimed left ring finger, right wrist, and head injuries after a May 2015 work incident. The Board found that the medical evidence did not adequately connect those conditions to the incident. It affirmed OWCP’s denial.
W.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Lyons, NJ
Back injury denial affirmed (ECAB 17-0422)
W.M., a Veterans Affairs employee, claimed a back injury after an accepted December 2014 work incident. The Board found that the medical evidence did not adequately establish the causal connection to his back condition. It affirmed OWCP’s denial.
LM Sanderson Construction, Inc.
Three residential fall violations affirmed
LM Sanderson Construction employees framed townhomes while working about 20 feet above lower levels. Employees stood on stacked roof sheathing supported by an elevated telehandler fork, a foreman worked from the top plate of an exterior wall, and other employees installed sheathing on a steep roof…
D.S. and Department of Agriculture, Forest Service, Unicoi, TN
Overpayment determination remanded for explanation (ECAB 16-0721)
D.S., a Forest Service employee, challenged an asserted $10,601.90 compensation overpayment and OWCP’s fault finding. The Board found that OWCP’s decision did not adequately explain how the overpayment arose or establish its amount. It set aside the decision and remanded for proper findings. The…
Z.D. and Department of Agriculture, Food Safety Inspection Service, Argyle, NY
Back injury and late hearing denials affirmed (ECAB 17-1315)
Z.D., a Food Safety Inspection Service employee, claimed a back condition after a November 2016 workplace incident. The Board found that the medical evidence did not establish the required causal link. It also found that his oral hearing request was untimely. It affirmed both OWCP decisions.
J.M. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH
Overpayment and waiver denial affirmed (ECAB 17-1285)
J.M., a Navy shipyard employee, received a $2,110.15 compensation overpayment in February and March 2017. The Board agreed that he was not at fault but found that he had not supplied the financial information OWCP requested to assess waiver. It affirmed the overpayment and denial of waiver.
E.S. and U.S. Postal Service, Post Office, Norfolk, VA
Requested lumbar surgery denial affirmed (ECAB 17-1034)
E.S., a postal employee, sought OWCP authorization for lumbar surgery. The Board found that her physician did not explain why the proposed procedures were medically necessary, while an OWCP medical adviser found the record insufficient to support them. It held that OWCP acted within its discretion…
D.S. and U.S. Postal Service, Post Office, Omaha, NE
Chest condition and reconsideration denials affirmed (ECAB 17-0839)
D.S., a postal employee, attributed a chest condition to her work duties. The Board found that the medical evidence did not adequately connect the condition to those duties. It also found that her reconsideration submission did not warrant a new merits review. It affirmed both OWCP decisions.
D.B. and Department of the Navy, Navy Air Terminal, Norfolk, VA
Elbow injury and late hearing denials affirmed (ECAB 17-0448)
D.B., a Navy employee, claimed a right elbow injury after an accepted September 2015 workplace incident. The Board found that the medical evidence did not adequately link the condition to the incident. It also found his written-record review request untimely. It affirmed both OWCP rulings.
E.G. and U.S. Postal Service, Vehicle Maintenance Facility, Brooklyn, NY
Emotional condition claim denial affirmed (ECAB 16-1536)
E.G., a postal tractor-trailer operator, claimed an emotional condition arising from workplace events. OWCP accepted some employment factors but denied the medical claim. The Board found that the evidence did not adequately establish that the accepted factors caused his condition. It affirmed the…
Evergreen Environmental Services
Late contest reinstated after office damage
Evergreen Environmental Services received a two-item citation shortly before water damage disrupted its headquarters and forced its safety analyst out of her office. The citation was moved with wet paperwork and found after repairs, leading Evergreen to file its notice of contest six working days…
P.M. and U.S. Postal Service, Post Office, Norwood, MA
Left knee occupational disease denial affirmed (ECAB 16-0726)
P.M., a postal employee, claimed a left knee condition from accepted work factors. The Board found that the medical evidence did not adequately establish the claimed work connection. It affirmed OWCP’s denial.
Action Electric Company
Lockout citation reinstated and remanded
An administrative law judge vacated a lockout/tagout citation item against Action Electric Company. That ruling became the Commission’s final order after review was discontinued. The Eleventh Circuit later vacated the final order and directed that the citation item be reinstated. After receiving…
S.S. and U.S. Postal Service, Processing & Distribution Center, Oklahoma City, OK
Partial wage loss award recognized (ECAB 17-1380)
S.S., a postal employee with an accepted injury, claimed total disability on February 16 and 17, 2017. The Board found that he was entitled to four hours of compensation on February 16 but had not proved total disability on February 17. It affirmed OWCP’s decision as modified to recognize the…
J.K. and U.S. Postal Service, Greater Newark Processing & Distribution Center, Kearny, NJ
Reconsideration refusal affirmed (ECAB 17-1322)
J.K., a postal employee, sought reconsideration of an earlier compensation decision. The Board had jurisdiction only over OWCP’s later nonmerit ruling. It found that her request did not warrant a new merits review and affirmed the refusal to reopen.
G.S. and Department of Justice, U.S. Marshals Service, Peoria, IL
Schedule award claim denied (ECAB 17-1318)
G.S., a Marshals Service employee, sought a schedule award for permanent impairment. The Board found that the medical evidence did not establish ratable impairment of a body member covered by the schedule. It affirmed OWCP’s denial.
J.R. and Department of Homeland Security, U.S. Customs & Immigration Service, New York, NY
Back and hip injury denial affirmed (ECAB 17-1297)
J.R., a federal immigration employee, claimed lumbar spine and right hip injuries from an accepted November 2016 workplace incident. The Board found that the medical evidence did not adequately link those conditions to the incident. It affirmed OWCP’s denial.
S.C. and U.S. Postal Service, Post Office, Jacksonville, FL
Additional right leg impairment award denied (ECAB 17-0979)
S.C., a postal employee, sought a schedule award above two percent permanent impairment of her right leg. The Board found that the medical evidence did not establish a higher ratable impairment. It affirmed OWCP’s denial of an increase.
S.M. and U.S. Postal Service, Processing & Distribution Center, Capital Heights, MD
Arm impairment and asserted overpayment remanded (ECAB 17-0914)
S.M., a postal employee, challenged a right arm impairment rating and an asserted $14,267.07 overpayment from allegedly duplicate schedule awards. The Board found that OWCP had not explained how the shoulder award duplicated an earlier wrist award and needed a consistent arm impairment rating. It…
J.C. and Department of Homeland Security, Customs & Border Protection, El Paso, TX
Overpayment and wage capacity decisions affirmed (ECAB 16-1217)
J.C., a Customs and Border Protection employee, challenged a $118,568.17 compensation overpayment, OWCP’s fault finding, and a changed wage-earning capacity determination. The Board upheld the overpayment and found him at fault, which precluded waiver. It also upheld the revised wage-earning…
Secretary of Labor v. A & G Coal Corporation
Default dispute remanded for further findings
An administrative law judge entered default after A & G Coal missed a scheduling call and did not answer a show-cause order, affecting five civil-penalty dockets and approximately $321,000 in proposed penalties. A & G timely sought review and submitted an affidavit saying its representative never…
J.C. and U.S. Postal Service, Post Office, Edmund, OK
Total disability claim denial affirmed (ECAB 17-1299)
J.C., a postal employee with an accepted injury, claimed total disability beginning November 28, 2016. The Board found that the medical evidence did not establish inability to work due to the accepted March 2015 injury for that period. It affirmed OWCP’s denial.
V.P. and Department of Defense, Defense Commissary Agency, Fort Lee, VA
Reconsideration denial affirmed (ECAB 17-1287)
V.P., a Defense Commissary Agency 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 merits review and affirmed OWCP’s refusal.
P.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Battlecreek, MI
Schedule award claim returned for combined record (ECAB 17-0903)
P.A., a Veterans Affairs employee, sought a schedule award for permanent impairment from accepted injuries. The Board found that related OWCP case files needed to be combined before it could determine the impairment issue. It set aside the award denial and remanded for a consolidated record and new…
K.U. and Department of Homeland Security, Transportation Security Administration, LaGuardia Airport, Flushing, NY
Traumatic injury denial affirmed (ECAB 17-0798)
K.U., a Transportation Security Administration employee, claimed an injury from an accepted January 2016 workplace incident. The Board found that the medical evidence did not adequately establish a causal connection to a diagnosed condition. It affirmed OWCP’s denial.
R.F. and U.S. Postal Service, Post Office, Lake Mary, FL
Claimed disability period denied (ECAB 16-1429)
R.F., a postal employee with an accepted January 2013 injury, sought total disability compensation from March 22 through May 30, 2014. The Board found that the medical evidence did not adequately establish that the accepted injury prevented work for that period. It affirmed OWCP’s denial.
S.F. and Department of Defense, Pentagon Force Protection Agency, Alexandria, VA
Traumatic injury claim denial affirmed (ECAB 16-1276)
S.F., a Pentagon Force Protection Agency employee, sought compensation for a claimed February 2015 traumatic injury. The Board found the medical opinions linking his condition to work speculative and insufficient to establish an injury in the performance of duty. It affirmed OWCP’s denial.
W.S. and Department of Justice, Federal Bureau of Prisons, Glenville, WV
Reconsideration refusal affirmed (ECAB 16-0889)
W.S., a Bureau of Prisons employee, sought reconsideration of an earlier compensation ruling. The Board could review only the later nonmerit decision. It found that his submission did not meet the requirements for reopening the merits and affirmed OWCP’s refusal.
Matter of Blanca Eloisa PANGAN-SIS
VAWA self-petitioner status required for inadmissibility exception
The Board reviewed DHS's appeal from an Immigration Judge's termination of removal proceedings against a Guatemalan respondent who said she had suffered domestic abuse from her Guatemalan spouse. The Board held that an alien seeking the exception to inadmissibility in section 212(a)(6)(A)(ii) must…
R.C. and U.S. Postal Service, Post Office, San Jose, CA
Postal carrier’s foot and shoulder claim denied (ECAB 17-1245)
R.C., a postal city carrier, claimed that years of standing, walking, sorting, and carrying mail caused right plantar fasciitis and rotator cuff syndrome. OWCP accepted the described work activities but denied compensation. The Board found that his physician called the conditions likely work…
J.S. and Department of Veterans Affairs, National Cemetery Administration, Beaufort, SC
Shoulder injury claim denied after mower lift (ECAB 17-1039)
J.S., a cemetery maintenance mechanic, reported shoulder pain after lifting a mower deck at work. OWCP accepted that the incident happened but denied his injury claim. The Board found that the medical reports did not adequately explain how the incident caused or aggravated his diagnosed shoulder…
I.S. and U.S. Postal Service, Post Office, Saint Louis, MO
Foot injury denial upheld, reconsideration reopened (ECAB 17-0852)
I.S., a postal worker, claimed a right foot injury after feeling pain while walking at work. The Board affirmed OWCP’s denial of the original injury claim because the medical reports before it did not adequately link the foot condition to the accepted incident. An amended physician report later…
B.N. and U.S. Postal Service, Post Office, Concord, NC
Right shoulder injury claim denied (ECAB 16-1867)
B.N., a rural postal carrier with a previously accepted shoulder injury, reported new right shoulder symptoms while delivering mail. OWCP treated the June 2015 event as a new injury claim and denied it for lack of medical causation evidence. The Board found that the treating surgeon did not…
C.M. and U.S. Courts, Office of the Federal Public Defender, Little Rock, AR
Insurance premium dispute remanded; wage calculation upheld (ECAB 16-1638)
C.M., a former federal public defender employee, sought reimbursement of health insurance premiums deducted from reinstated compensation and more wage loss compensation for a separate period. The Board found that OWCP had not adequately explained why it denied reimbursement of the premiums deducted…
E.R. and U.S. Postal Service, Post Office, Savannah, GA
Late reconsideration requests denied (ECAB 16-0052)
E.R. sought reconsideration of the denial of a 1986 occupational disease claim for a right arm condition. The Board found his three 2015 requests untimely because the last merit decision was issued in 1990. His arguments about a separate 1979 injury claim did not show clear error in the ruling that…
Secretary of Labor v. Consol Pennsylvania Coal Company
Bleeder-water findings partly affirmed and partly remanded
MSHA cited Consol Pennsylvania Coal after deep, debris-filled water made portions of the Enlow Fork Mine's bleeder system unsafe to travel and the hazardous accumulation was not entered in the weekly examination record. The Commission unanimously affirmed that the ventilation-plan violation under…
OFCCP v. JPMorgan Chase & Co.
OFCCP v. JPMorgan Chase (DOL ARB 2017-0063): Interlocutory review denied
The Office of Federal Contract Compliance Programs alleged that JPMorgan Chase discriminated against female employees in pay. After an administrative law judge rejected JPMorgan's motion to dismiss, JPMorgan sought immediate Board review of the pleading standard. The Board held that the governing…
Philip Mark Tardy v. Delta Air Lines
Tardy v. Delta Air Lines (DOL ARB 2016-0077): Late aviation complaint dismissed
Philip Tardy, a Delta maintenance technician, complained about a coworker's aircraft maintenance work and later received a suspension and probation after a workplace confrontation. He filed an aviation whistleblower complaint with OSHA more than 90 days after Delta communicated its discipline. An…
A.W. and Social Security Administration, Region IX Human Resources Center, Richmond, CA
Hearing abandonment ruling set aside (ECAB 17-1291)
A.W., a Social Security Administration attorney adviser, requested a telephone hearing after OWCP denied her knee injury claim. She missed the scheduled call, and OWCP treated her request as abandoned. The Board found that OWCP had overlooked her letter explaining her absence, which arrived before…
J.B. and Department of the Navy, Naval Sea Systems Command, San Diego, CA
Hearing aid request denied (ECAB 17-1274)
J.B., a Navy ordnance equipment mechanic, had an accepted work related hearing loss claim and requested hearing aids. OWCP denied authorization. The Board found that OWCP’s medical adviser had explained why the hearing tests did not show a need for amplification, while the contrary opinion came…
R.R. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
Termination of wage and medical benefits reversed (ECAB 17-0994)
R.R., an Army aircraft mechanic, had accepted back and elbow conditions and received wage loss and medical benefits. OWCP terminated both benefits based on its second opinion physician’s report. The Board found that the physician had rejected conditions OWCP had already accepted and thus relied on…
D.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilmington, DE
Back injury denial and reconsideration refusal upheld (ECAB 17-0971)
D.R., a VA food service supervisor, claimed a back injury after slipping while pulling a hand truck into a freezer. OWCP accepted the incident but denied his injury claim for lack of medical causation evidence. The Board found that the physician’s opinions were inadequately explained or…
T.C. and U.S. Postal Service, John F. Kennedy Airport, Jamaica, NY
Hearing loss claim returned for employer records (ECAB 17-0872)
T.C., a postal worker at Kennedy Airport, claimed hearing loss from workplace noise. OWCP denied the claim because it lacked requested factual records. The Board found that the missing hearing conservation records were held by the employer and that OWCP had to pursue them after beginning its…
K.E. and U.S. Postal Service, Post Office, Springfield, IL
Upper extremity impairment award returned for medical review (ECAB 17-0863)
K.E., a postal worker with accepted bilateral carpal tunnel syndrome, sought a larger schedule award for permanent impairment of both arms. His physician and OWCP’s second opinion physician gave different impairment ratings and disagreed about whether testing documented the left side condition. The…
D.H. and Department of Veterans Affairs, Bronx Veterans Medical Center, Bronx, NY
Additional back conditions excluded from accepted claim (ECAB 17-0609)
D.H., a VA mechanic, had an accepted lumbar strain after moving a blood refrigerator at work. He sought to add other lumbar spine diagnoses to the claim. The Board found that the medical reports did not adequately explain how the incident caused or aggravated those additional conditions. 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.