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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C.M. and U.S. Postal Service, Post Office, Winder, GA
Shoulder injury claim denied after driveway fall (ECAB 17-1376)
C.M., a postal rural carrier, reported a shoulder injury after tripping while delivering a parcel. OWCP accepted the fall but denied her injury claim. The Board found that the physician recorded pain and a possible rotator cuff condition without a firm diagnosis and reasoned causation opinion. It…
P.M. and U.S. Postal Service, Post Office, Reading, MA
Overpayment established but amount returned to OWCP (ECAB 17-1304)
P.M., a postal employee, continued receiving total disability compensation after returning to paid work. The Board agreed that an overpayment occurred. It found that OWCP had not adequately resolved the dates and amount, including days P.M. said she was off work due to another injury. It set aside…
P.R. and Department of the Treasury, Internal Revenue Service, Richmond, VA
Fitness center fall held outside duty (ECAB 17-1038)
P.R., an IRS computer assistant, fell from a treadmill in a fitness center at work and claimed a knee and leg injury. The Board found that she had not established that she was exercising during an authorized break or as a regular part of her employment. It affirmed OWCP’s denial because the event…
J.M. and U.S. Postal Service, Post Office, Miami, FL
Back claim reconsideration refused (ECAB 17-0888)
J.M., a postal carrier associate, sought reconsideration of a denied back injury claim after lifting a mail tray. The Board found that the resubmitted reports duplicated the existing record and that his argument about who should supply medical evidence did not identify legal error. It affirmed…
R.C. and U.S. Postal Service, Post Office, Kennebunk, ME
Carpal tunnel treatment recurrence denied (ECAB 17-0716)
R.C., a postal employee with accepted right carpal tunnel syndrome, requested renewed medical treatment under that claim. The Board found that the submitted reports diagnosed hand conditions but did not explain how the current need for treatment related to the accepted injury. It affirmed denial of…
A.S. and Department of Veterans Affairs, Veterans Health Administration, San Diego, CA
Hand condition reconsideration refused (ECAB 16-1635)
A.S., a VA health aide, sought reconsideration after OWCP denied a right hand occupational disease claim. The Board found that her request included no new evidence or legal argument; a physician form already in the record did not count as new. It affirmed OWCP’s refusal to reopen the claim.
G.R. and Department of Health & Human Services, Gallup Indian Medical Center, Window Rock, AZ
Privacy disclosure emotional claim remanded (ECAB 15-0052)
G.R., a nurse, claimed an emotional condition after workplace supervisors disclosed private medical information following a nonwork assault. OWCP treated the disclosure as unrelated to her employment. The Board found that supervisors made the disclosures during work staffing discussions and that…
Secretary of Labor v. Spartan Mining Company, LLC
Settlement rejected because proposed penalty fell below statutory minimum
MSHA and Spartan Mining proposed settling two enforcement actions for $10,663, including the full $7,663 penalty for one order and a reduced $3,000 penalty for an accident-reporting citation. The citation alleged that Spartan waited at least 23 minutes after a 911 call to notify MSHA of an…
R.H. and U.S. Postal Service, Post Office, Cleveland, OH
New arm condition claim denied (ECAB 17-1141)
R.H., a postal employee with a separate accepted forearm injury, claimed that current work duties caused additional right arm conditions. OWCP accepted the work activities but denied the new occupational disease claim. The Board found that the physician did not adequately explain how those…
B.H. and U.S. Postal Service, Post Office, Elmer, NJ
Wrist injury and recurrence dispute remanded (ECAB 17-1003)
B.H., a postal rural carrier, reported renewed hand pain after returning to work from an accepted bilateral wrist injury. OWCP treated her report as a new traumatic injury but also considered whether she had a recurrence. The Board found that the earlier accepted claim file was missing and had to…
C.M. and Department of Veterans Affairs, Captain James A. Lovell Federal Health Center, North Chicago, IL
Late reconsideration request returned for proper review (ECAB 17-0877)
C.M., a VA employee, sought reconsideration of an occupational disease denial more than a year after the decision. OWCP reviewed the request using the standard for timely petitions. The Board found that the request was late and that OWCP had to apply the clear evidence of error standard instead. It…
R.P. and U.S. Postal Service, Post Office, Hempstead, NY
Traumatic back injury claim denied (ECAB 17-0659)
R.P., a postal employee, sought compensation after an accepted workplace incident involving his back. The Board found that the contemporaneous physician recorded back pain without a diagnosed condition and that other reports did not adequately link an injury to the incident. It affirmed OWCP’s…
B.J. and U.S. Postal Service, Post Office, Crown Point, IN
Occupational disease claim denied for missing work factors (ECAB 16-1614)
B.J., a postal employee, claimed shoulder, arm, neck, and back conditions as an occupational disease. The Board found that she described an earlier single work incident but did not identify the ongoing duties or exposures needed to support the separate occupational disease claim. It affirmed OWCP’s…
J.M. and Department of Homeland Security, U.S. Customs & Border Protection, Brownsville, TX
Additional neck and shoulder conditions denied (ECAB 16-1265)
J.M., a Customs and Border Protection employee, sought to add neck and left shoulder diagnoses to an accepted injury claim. The Board found that the medical opinions did not adequately link those additional conditions to the work event. It also upheld OWCP’s denial of his late request for review of…
HBD / Thermoid, Inc.
Repeat catapuller guarding violation affirmed
HBD / Thermoid manufactured hose using catapuller machines with moving belts that created ingoing nip points. An employee’s arm was caught and crushed in one machine after employees had regularly lifted its small hinged Plexiglas side guard during operation to see and adjust the hose. The judge…
K.G. and Department of Justice, Bureau of Prisons, Oakdale, LA
Correctional officer emotional claim remanded (ECAB 16-1066)
K.G., a correctional officer, claimed that assigned duties and workplace harassment aggravated an emotional condition. The Board found that monitoring male inmates while they showered was an actual job duty and that the record supported some harassment after she asked to stop that assignment. It…
S.C. and Social Security Administration, Office of Disability Adjudication & Review, Mount Pleasant, MI
Slipping injury claim denied on disputed facts (ECAB 16-0190)
S.C., a Social Security legal assistant, said she twisted her left leg after slipping on ice while leaving work. OWCP denied the claim. The Board found that surveillance footage and differing accounts cast serious doubt on whether the incident occurred as described. It affirmed the denial without…
Matter of Saif Ur REHMAN, Beneficiary of a visa petition filed by Younas Mohammad Chaudry
Matter of Saif Ur REHMAN (BIA ID 3903): delayed birth certificates require a whole-record reliability assessment
The Board reviewed a petitioner's appeal from the denial of a visa petition seeking to classify a Pakistani beneficiary as the petitioner's brother. The Board held that a birth certificate registered after the birth is not automatically invalid or subject to a bright-line exclusion. Instead, the…
Van Hool NV
In re Van Hool NV (EAB CAA Appeal No. 17-03C): consent agreement ratified
Van Hool NV resolved a Clean Air Act enforcement matter through a Consent Agreement with EPA. 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 Van Hool NV to comply with every term of the Consent…
I.G. and U.S. Postal Service, Post Office, Yuba City, CA
Standing related foot condition claim denied (ECAB 17-1316)
I.G., a postal counter employee, claimed that long periods of standing caused or aggravated right foot and ankle conditions. OWCP accepted the described duties but denied compensation. The Board found that imaging established diagnoses without showing their cause and that the physician did not…
J.R. and U.S. Postal Service, Post Office, San Francisco, CA
Neck claim denial and reconsideration refusal upheld (ECAB 17-1312)
J.R., a postal employee, claimed that repetitive parcel and counter duties caused a neck condition. OWCP accepted the duties but denied the claim. The Board found that her physician did not give a reasoned causation opinion. It also upheld OWCP’s refusal to reopen the claim because her…
B.G. and Department of Justice, Bureau of Prisons, Atlanta, GA
Surveillance monitor earning capacity upheld (ECAB 17-0477)
B.G., a Bureau of Prisons employee, challenged a reduction of wage loss compensation based on his capacity to work as a surveillance system monitor. The Board found that the position fit his medical restrictions and vocational background. It also found no basis to modify the resulting earning…
S.B. and U.S. Postal Service, Conway Post Office, Conway, SC
Commute collision injury claim denied (ECAB 16-1839)
S.B., a postal rural carrier associate, was injured in a motor vehicle collision while driving her own car to work. OWCP denied her claim. The Board found that the travel was an ordinary commute and that the record did not establish an exception bringing it within her job duties. It affirmed the…
J.M. and Department of Commerce, Patent & Trademark Office, Alexandria, VA
Lunchtime soccer injury held outside duty (ECAB 16-1418)
J.M., a patent examiner, injured his ankle playing soccer with coworkers at a private gym during lunch. The Board found that the off premises game was not shown to be sponsored or required by the employer or otherwise part of his work. It affirmed OWCP’s denial because the injury was outside the…
L.D. and U.S. Postal Service, Post Office, Fort Worth, TX
Suitable work refusal termination upheld (ECAB 16-1169)
L.D., a postal employee with accepted right knee conditions, refused a modified job offered after knee treatment and retirement. OWCP terminated her compensation for refusing suitable work. The Board found that the offer fit her medical restrictions and that OWCP followed the required notice…
S.G. and U.S. Postal Service, Post Office, Youngstown, OH
Carpal tunnel benefits termination upheld (ECAB 16-0390)
S.G., a postal employee, received wage loss and medical benefits under an accepted right carpal tunnel claim. OWCP terminated those benefits based on a referral physician’s examination. The Board found that the medical evidence supported resolution of the accepted carpal tunnel condition. It…
JP Morgan Chase Bank, N.A.
In re JP Morgan Chase Bank, N.A. (EAB MM Appeal No. 17-01C): consent agreement ratified
JP Morgan Chase Bank, N.A. resolved related Clean Air Act, Clean Water Act, EPCRA, and RCRA enforcement matters through a Consent Agreement with EPA. 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…
C.L. and Department of Homeland Security, Transportation Security Administration, Green Bay, WI
Shoulder benefits termination upheld (ECAB 17-0949)
C.L., a transportation security employee with accepted shoulder conditions, challenged termination of wage loss and medical benefits. The Board found that an impartial specialist gave a well explained opinion that the work related residuals had ended. Later reports did not establish continuing…
P.S. and Department of Veterans Affairs, Veterans Health Administration, Perry Point, MD
Back injury claim denied (ECAB 17-1278)
P.S., a VA employee, claimed a back injury from an accepted work incident. OWCP denied compensation. The Board found that the physician described lumbar pain without a firm diagnosis or a reasoned explanation connecting a condition to the incident. It affirmed the denial.
G.H. and U.S. Postal Service, Post Office, Clovis, CA
Reconsideration timeliness ruling remanded (ECAB 17-1169)
G.H., a postal employee, challenged OWCP’s finding that his reconsideration request was late. The Board found an earlier submission received within one year of the merit decision that qualified as a reconsideration request. OWCP had overlooked it. The Board set aside the late request ruling and…
L.E. and Department of Veterans Affairs, Veterans Administration Medical Center, Decatur, GA
Back injury claim returned for review of medical report (ECAB 17-1134)
L.E., a VA nursing assistant, claimed a back injury after helping a patient move into bed. OWCP accepted the incident but denied the claim. The Board found that OWCP had received a physician report before deciding the claim yet had not considered it. It set aside the denial and directed OWCP to…
S.W. and U.S. Postal Service, Post Office, Waretown, NJ
Back injury benefits termination upheld (ECAB 17-0215)
S.W., a postal employee with an accepted aggravation of a lumbar disc condition, challenged termination of wage loss and medical benefits. The Board found that OWCP’s referral physician provided sufficient evidence that the accepted condition no longer caused disability or required treatment. It…
K.E. and Department of the Air Force, Peterson Air Force Base, CO
Leg impairment awards returned for impartial review (ECAB 16-1494)
K.E., an Air Force employee, challenged schedule awards of six percent impairment in each leg. The Board found that OWCP’s medical adviser had substituted his judgment for that of the impartial specialist and that the specialist’s own report did not resolve the medical conflict clearly. It set…
T.M. and U.S. Postal Service, Post Office, Rockford, IL
Short period wage loss claim denied (ECAB 16-0343)
T.M., a postal employee with accepted back conditions, sought compensation for a short period of disability in September 2015. The Board found that his claim required medical evidence linking that work absence to the accepted injury. The submitted evidence did not establish the connection. It…
National Treasury Employees Union (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection (Agency)
NTEU and Customs and Border Protection (FLRA 0-AR-5277): Canine-training study time not compensable
Customs and Border Protection officers volunteered for a canine-handler training program and sought overtime for studying outside regular work hours. An earlier case involving the same parties awarded overtime under a prior version of the program, where instructors directed officers to study after…
M.N. and Department of Veterans Affairs, North Texas Health Care System, Dallas, TX
Reconsideration refusal upheld
M.N., a VA vocational nurse, sought compensation after falling while walking to her car after work. OWCP had denied the claim because the fall occurred more than 30 minutes after her scheduled shift ended. In a later reconsideration request, she submitted medical forms and duplicate reports. The…
Laverne B. Kelly-Lusk v. Delta Airlines, Inc.
Kelly-Lusk v. Delta Airlines (DOL ARB 2016-0041): Retirement check retaliation claim dismissed
Laverne Kelly-Lusk, a former Delta flight attendant, alleged that Delta delayed two retirement benefit checks in 2013 because she had raised safety concerns after a 1987 incident involving methanol in a beverage container. An administrative law judge dismissed the claim on summary decision. The…
M.W. and U.S. Postal Service, Post Office, St. Pauls, NC
Back and hip injury claim denial upheld
M.W., a postal rural carrier, reported back and hip pain after bending to pick up circulars at work. OWCP accepted that the incident occurred but denied the injury claim for lack of medical proof connecting it to a diagnosed condition. The Board found that the chiropractor’s reports did not…
L.D. and U.S. Postal Service, Post Office, Forestville, CA
Overpayment upheld, waiver partly remanded
L.D., a postal rural carrier, continued receiving total disability compensation after returning to full duty on October 19, 2015. The Board upheld OWCP’s $4,226.31 overpayment finding. It found that he was not at fault for the first direct deposit after his return, covering October 19 through…
E.W. and U.S. Postal Service, Processing & Distribution Center, Denver, CO
Arm impairment claim returned for medical review
E.W., a postal tractor trailer operator, sought a schedule award for permanent arm impairment after accepted cervical injuries. OWCP denied the award based on a second opinion examination that found no work related arm impairment. The Board found that the examiner evaluated a narrower right sided…
W.F. and General Services Administration, Supply Depot, Duluth, GA
Benefits termination reversed over medical conflict
W.F., a former warehouseman, received benefits for an accepted 1984 neck injury and related conditions. OWCP terminated his wage loss and medical benefits in October 2015 based on a second opinion physician’s finding that the conditions had resolved. His treating physician reported continuing…
T.H. and U.S. Postal Service, Post Office, Temple, GA
Wage loss ended, medical benefits restored
T.H., a postal rural carrier associate, had an accepted lumbar disc injury after a workplace fall. OWCP terminated her wage loss compensation and medical benefits effective March 24, 2016. The Board found that the medical opinions supported her ability to work and upheld termination of wage loss…
L.B. and U.S. Postal Service, Post Office, North Babylon, NY
Forfeiture and resulting overpayment reversed
L.B., a postal employee, received sick leave pay from a second, nonfederal job while claiming compensation for absence from his postal job. OWCP found that he knowingly failed to report the second job on claim forms and forfeited compensation for September 30 through November 22, 2013. The Board…
D.R. and Department of Homeland Security, Customs & Border Protection, El Paso, TX
Nosebleed claim denied for unclear incident
D.R., a border patrol agent, claimed a nosebleed as a traumatic work injury. He did not describe a specific work event in his claim or answer OWCP’s request for details before its decision. The employer reported that he arrived at work with the nosebleed, and a physician’s report described earlier…
I.L. and U.S. Postal Service, Post Office, Middle Village, NY
Mail delivery injury claim denied
I.L., a postal employee, reported right arm and neck symptoms while delivering mail with a cart. OWCP accepted the work factors but denied the injury claim. The Board found that the physicians’ reports and checked causation boxes did not explain how those work factors caused or aggravated the…
S.T. and U.S. Postal Service, Post Office, Iowa Falls, IA
Foot injury denial upheld; treatment costs flagged
S.T., a postal city carrier, said she injured her right foot and toe by striking a stump while delivering mail. OWCP accepted that the incident happened, but her physicians did not explain how it caused the diagnosed foot conditions. The Board affirmed the injury claim denial. It also noted that a…
M.S. and Department of Veterans Affairs, Philadelphia Regional Benefit Office, Philadelphia, PA
Fall injury claim denied for lack of causation proof
M.S., a VA claims assistant, fell on steps at work and reported knee, wrist, and back problems. OWCP accepted that the fall happened but denied her injury claim. The Board noted that one physician diagnosed right knee effusion, yet his report did not explain how the fall caused that condition or…
L.C. and U.S. Postal Service, Processing & Distribution Center, Hartford, CT
Back injury and hearing denials upheld
L.C., a postal clerk, reported a back injury after lifting a mail tray. The Board found that his medical reports did not explain how the accepted lifting incident caused or aggravated the diagnosed conditions; a checked box and diagnoses alone did not establish causation. His request for an oral…
A.L. and U.S. Postal Service, Post Office, San Bernardino, CA
Extended wage loss claim denied
A.L., a former postal employee with accepted lumbar and cervical conditions, claimed total disability from May 21, 2014 through June 25, 2016. The Board found that his physicians discussed his conditions and treatment but did not explain whether the accepted injuries kept him from performing his…
S.D. and U.S. Postal Service, Post Office, Discovery Bay, CA
Insurance premium overpayment returned for proof
S.D., a retired postal employee receiving OWCP compensation, was assessed an $871.30 overpayment for allegedly unpaid life insurance premiums. The Board found that the record lacked her executed election form for the optional postretirement coverage on which most of the assessment rested. OWCP…
Dentsply US Prosthetics, LLC
Automatic press guarding violation affirmed
Dentsply US Prosthetics manufactured dental products using an automatic press with a Lexan shield that left an opening near the machine's moving parts. A trainee who had worked at Dentsply for about two weeks was operating the press without direct supervision when the machine crushed his hand…
Secretary of Labor v. U.S. Silica Company, LLC - Berkeley Plant
Unreceived assessment reopened
U.S. Silica did not timely contest a proposed penalty assessment because its Berkeley Plant said it never received the assessment, and the company's accounting department inadvertently paid the penalty. The operator had separately contested the citation, communicated with MSHA about settlement, and…
Secretary of Labor v. Chase Crushing, LLC
Mistakenly omitted contest reopened
Chase Crushing timely contested two penalty assessments arising from the same inspection but mistakenly omitted a third assessment issued on the same day. Its general manager believed that the third assessment had also been contested, and the company requested reopening immediately after receiving…
Secretary of Labor v. Pete Lien & Sons, Inc.
Misaddressed contest reopened
Pete Lien intended to contest two citations but mailed its contest notice, together with payment for six other citations, to MSHA's payment-processing office in St. Louis. The company said it discovered the mistake after receiving a delinquency notice and revised its contest procedures so future…
Secretary of Labor v. Revelation Energy, LLC
Reopening denied for repeated neglect
Revelation Energy did not answer the Secretary's penalty petition, respond to an order to show cause, or promptly act on a delinquency notice, allowing a default order to become final. The company attributed the missed filings to personnel changes, a large volume of dockets, and a misplaced file…
Secretary of Labor v. Consolidation Coal Company
Tie leaves non-S&S finding in place
Consolidation Coal took a 22-to-23.5-foot coal cut where its roof control plan limited cuts to 20 feet because adverse roof conditions were present, resulting in a citation under 30 C.F.R. § 75.220(a)(1) and a proposed $3,405 penalty. The judge found a violation but vacated its…
Secretary of Labor v. Hanson Aggregates BMC, Inc.
Shutdown-related default reopened
Hanson Aggregates did not timely contest a proposed penalty assessment while the cited mine was shut down for business reasons and its workers were laid off. The company said the shutdown prevented management from investigating the citations, interviewing the workforce, and deciding which citations…
Secretary of Labor v. The American Coal Company
$80,000 assessed after Commission remand
On remand, Judge Richard W. Manning set penalties for an accumulation order under 30 C.F.R. § 75.400 and an on-shift examination order under 30 C.F.R. § 75.363(b). The Commission had reversed an earlier judge and found that both violations involved unwarrantable failure, high negligence, and a…
Matter of D-R-
Material omission and assistance in extrajudicial killing standards clarified
The Board reconsidered a Bosnian-Herzegovinian respondent's removal case after a remand from the Ninth Circuit. It held that a misrepresentation is material when it tends to shut off a line of inquiry relevant to admissibility and that inquiry would predictably have disclosed other disqualifying…
D'Hooge v. BNSF Railways
Settlement approved
Gerald D'Hooge alleged that BNSF Railways retaliated against him for reporting safety hazards and an injury. An administrative law judge ruled for D'Hooge, and the Board affirmed; BNSF then sought review in federal court. The parties reached a settlement during that appeal and asked the Board to…
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.