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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K.A. and Department of the Navy, Naval Aviation Depot, Pensacola, FL
Hearing award increased to 18 percent
K.A., a former Navy depot employee, had received a schedule award for 17 percent hearing loss in both ears. The Board recalculated the audiogram under OWCP procedures and found that the medical adviser had rounded intermediate figures too early. The correct final calculation was 17.5 percent…
R.A. and Department of Veterans Affairs, Veterans Health Administration, Beckley, WV
Injury claim returned to combine related files
R.A., a VA nurse, appealed denial of a claim arising from a workplace fall. OWCP’s hearing representative had relied on evidence from three earlier injury files that were unavailable to the Board on review. The Board set aside the denial and directed OWCP to combine the related files so the…
R.G., widow of O.G., and Department of Veterans Affairs, Danville National Cemetery, Danville, IL
Death benefits claim denial upheld
R.G. sought death benefits based on her late husband’s accepted 1978 knee injuries. The medical record identified cardiac causes of death but did not give a reasoned explanation connecting them to the accepted knee conditions. The Board gave greater weight to an opinion finding no such connection…
D.C. and U.S. Postal Service, Mid-Hudson Processing & Distribution Center, Newburgh, NY
Distant suitable work termination reversed
D.C., a postal employee, lost wage loss compensation after refusing a modified job offered in Albany, about 100 miles from her home. The Board found that OWCP had not documented a search for suitable work near her residence before treating the distant job as suitable. It reversed the termination…
D.F. and Department of Justice, Bureau of Prisons, White Deer, PA
Eight percent right leg award upheld
D.F., a Bureau of Prisons employee, sought a larger award for right leg impairment after accepted knee conditions. Following an earlier remand, a second opinion physician used the A.M.A. Guides knee grid and explained why the diagnostic based method gave an eight percent rating. An OWCP medical…
D.K. and U.S. Postal Service, Network Distribution Center, Philadelphia, PA
Eight percent left arm award upheld
D.K., a postal employee, sought a schedule award greater than eight percent impairment of her left arm. Her physician added ratings for cervical nerve root sensory deficits, but did not explain how examination findings supported those specific ratings. The Board found the extra impairment unproved…
A.S. and Department of Veterans Affairs, Dayton Veterans Medical Center, Dayton, OH
Late reconsideration request rejected
A.S., a VA employee, sought reconsideration of a long standing termination of compensation for refusing suitable work. OWCP received the request more than one year after the decision. The Board found that her arguments about the offer and notice procedures did not show clear evidence of error in…
Secretary of Labor v. Holliston Sand Company, Inc.
Task-training citation vacated after settlement dispute
MSHA cited Holliston Sand for failing to provide task-specific training before an apprentice mechanic used flammable aerosol cleaner on a torch striker, causing a spark and a flash fire that burned the miner's face, lips, and nose. The Secretary proposed keeping the penalty unchanged while…
Matter of Ali Mohamed MOHAMED
Texas pretrial intervention agreement qualifies as a conviction
The Board reviewed DHS's appeal from an Immigration Judge's termination of removal proceedings against a Somali lawful permanent resident who entered a Texas pretrial intervention agreement after being indicted for possession of a controlled substance with intent to deliver. It held that the…
L.B. and U.S. Postal Service, Post Office, North Metro, GA
Board upholds denial of late reconsideration (ECAB 17-0760)
L.B. sought reconsideration of the denial of her traumatic injury claim after the filing deadline. The Board lacked jurisdiction over the underlying merits and reviewed the late reconsideration request. It found that the submitted medical evidence and statements did not demonstrate clear error in…
M.H. and U.S. Postal Service, Post Office, Cincinnati, OH
Board upholds occupational disease denial (ECAB 17-0667)
M.H. attributed hand, wrist, and elbow conditions to repetitive postal work. The Board found that her physician described her duties and diagnoses but did not explain how those duties caused or aggravated the conditions. Without a reasoned medical opinion connecting the conditions to work, she had…
T.L. and Department of Veterans Affairs, Veterans Benefits Administration, Chicago, IL
Board upholds four percent impairment rating (ECAB 17-0546)
T.L. sought a greater schedule award for permanent impairment of her left upper extremity. The Board found that OWCP’s medical adviser properly applied the impairment guides and supported a four percent rating. She provided no current medical rating establishing greater impairment. The Board…
H.F. and Department of Defense, National Security Agency, Fort Meade, MD
Board upholds overpayment and waiver denial (ECAB 17-0101)
H.F. received workers’ compensation while also receiving Social Security retirement benefits partly attributable to federal service. OWCP found a $76,975.48 overpayment for September 2009 through December 2014. The Board upheld the amount and found no basis to waive recovery, including no…
T.L. and U.S. Postal Service, Post Office, Chicago, IL
Board upholds denial of late reconsideration (ECAB 16-1909)
T.L. sought reconsideration of a workers’ compensation claim long after the last merit decision. The Board could review only OWCP’s nonmerit denial. It found that the request was untimely and did not establish clear evidence of error in the earlier decision. The Board affirmed the denial of…
C.H. and Department of Veterans Affairs, Veterans Health Administration, San Francisco, CA
Board upholds reduction for rehabilitation noncooperation (ECAB 16-1731)
C.H. challenged OWCP’s reduction of his compensation to zero after he failed to complete the early stages of vocational rehabilitation. The Board found that his failure to report vocational test results prevented selection of a suitable target occupation. It also found that his reconsideration…
H.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Little Rock, AR
Board remands wage-earning capacity claim (ECAB 16-1573)
H.J. claimed that accepted upper extremity conditions had worsened and sought wage-loss benefits. OWCP treated the filing as a new occupational disease claim, although it had previously made a formal wage-earning capacity determination. The Board set aside the denial and directed OWCP to decide…
M.P. and U.S. Postal Service, Post Office, San Francisco, CA
Board remands overpayment calculation (ECAB 16-1337)
M.P. received federal workers’ compensation and Social Security retirement benefits partly based on federal service. The Board agreed that the benefits had to be offset, but OWCP did not show how it calculated the claimed $17,297.87 overpayment. It set aside that part of the decision and remanded…
Elite Builders, Inc.
Fall and forklift violations partly affirmed
Elite Builders was a residential roofing contractor inspected at two Nebraska worksites where employees worked on elevated roofs without conventional fall protection. At the second site, employees were lifted on an oversized, unguarded personnel platform attached to a rough-terrain forklift…
J.W. and U.S. Postal Service, Bulk Mail Center, Atlanta, GA
Board upholds denial of merit reconsideration (ECAB 17-0952)
J.W. asked OWCP to reconsider an earlier workers’ compensation decision. The Board found that her allegations about a missing file and a physician report did not address the underlying issue, and the report was not in the record. She had provided no pertinent new evidence or qualifying legal…
J.B. and Department of Homeland Security, Transportation Security Administration, Sacramento, CA
Board upholds denial of merit reconsideration (ECAB 17-0934)
J.B. sought reconsideration of a wage-earning capacity determination. The Board found that her arguments about the job market and her condition had already been considered, and she supplied no pertinent new evidence. The request therefore did not meet the standards for a merit review. The Board…
L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA
Board upholds termination of injury benefits (ECAB 17-0639)
L.J. challenged the end of wage-loss compensation and medical benefits for accepted lumbar and neck sprains. The Board found that the impartial medical examiner was properly selected and supported the conclusion that the accepted injuries had resolved. It rejected the challenges to the referral…
L.B. and Department of Agriculture, Forest Service, Albuquerque, NM
Board remands arthritis claim after flawed medical referral (ECAB 17-0597)
L.B. claimed that rheumatoid arthritis resulted from accepted work-related Lyme disease. OWCP sent a disputed statement of accepted facts to an impartial physician that treated the arthritis as unrelated to work. The Board found that this prejudged the very question the physician was to resolve. It…
R.C. and U.S. Postal Service, Downtown Station, Trenton, NJ
Board upholds termination of wage-loss benefits (ECAB 17-0094)
R.C. challenged OWCP’s termination of wage-loss compensation for accepted conditions. The Board found that OWCP’s examining physician gave a reasoned opinion that R.C. could return to work when benefits ended, while his treating physician did not adequately explain disability on that date from the…
L.S. and Social Security Administration, Personnel Operations, Jamaica, NY
Board remands impairment claim for impartial examination (ECAB 16-1789)
L.S. sought a schedule award for permanent impairment of her lower extremities after accepted workplace injuries. The Board found that OWCP had not documented a proper impartial medical examiner selection. Without a properly selected examiner, the conflict in medical opinions remained unresolved…
A.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH
Board grants petition for reconsideration (ECAB 14-0199)
A.W. asked the Board to reconsider its earlier schedule award decision. The Board found a pertinent factual error concerning the conditions OWCP had accepted. It granted reconsideration and said it would issue a new decision on the schedule award claim.
A.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH
Board remands schedule award claim (ECAB 14-0199)
A.W. sought a schedule award for permanent impairment arising from accepted back conditions. The Board found that OWCP relied on an impairment evaluation made before it accepted additional spinal conditions. That older evaluation could not establish the extent of impairment from all currently…
Secretary of Labor v. Raw Coal Mining Company, Inc.
Three ventilation orders affirmed; $12,000 assessed
MSHA issued three section 104(d)(2) orders at Raw Coal's Sewell Mine B for failing to complete a weekly return-aircourse examination, leaving required stoppings missing or incomplete between intake and return entries, and making unapproved changes to the mine's ventilation system. Judge Alan G…
Johnson v. The WellPoint Companies, Inc.
Johnson v. The WellPoint Companies (DOL ARB 2016-0020): Dismissal of whistleblower complaint upheld
Anita Johnson managed customer service operations for WellPoint, a Medicaid benefits contractor. She alleged that the company fired her after she raised concerns about claims processing and reporting in its call centers. The Board upheld dismissal of her Sarbanes Oxley whistleblower complaint after…
Secretary of Labor v. A & G Coal Corporation
Five-docket default imposed for $321,753
A & G Coal failed to join a scheduled conference call concerning five stayed penalty dockets and did not respond to an order to show cause by the stated deadline, although the court received confirmation that the order had been signed for. Judge David P. Simonton lifted the stay, entered default…
Secretary of Labor obo Pedro Iglesias v. Titan Florida, LLC
Discrimination settlement cuts penalty to $3,000
The Secretary alleged that Titan Florida discharged Pedro Iglesias after he made safety complaints about energized cables and lockout procedures and participated in an MSHA hazard investigation that led to five citations. A temporary economic reinstatement order was already in effect when Titan and…
Aymond and Martino v. National Railroad Passenger Corp. (Amtrak)
Aymond and Martino v. Amtrak (DOL ARB 2016-0029): Attorney fee award upheld
Amtrak employees Nicholas Aymond and Timothy Martino prevailed on a railroad safety retaliation claim, and their lawyer appealed the subsequent award of attorney fees and costs. The Board affirmed the $50,056.28 award. It found no abuse of discretion in reducing the rate for poorly itemized travel…
Maity v. E-Business International, Inc.
Maity v. E-Business International (DOL ARB 2015-0082): Late appeal dismissed
Siddhartha Maity challenged the dismissal of his complaint that E-Business International had not paid required wages and benefits during his H-1B employment. He petitioned the Board more than four months after the judge dismissed his complaint and 34 days after the judge denied a request to reopen…
Blanchard v. Exelis Systems Corporation/Vectrus Systems Corp.
Blanchard v. Exelis Systems/Vectrus Systems (DOL ARB 2015-0031): Whistleblower dismissal reversed
Gary Blanchard, a U.S. citizen, worked for a U.S. defense contractor at Bagram Air Force Base in Afghanistan. He alleged that the contractor retaliated after he reported security and fraud concerns. An administrative law judge dismissed his Sarbanes Oxley complaint on the view that the…
P.H., widow of R.H., and Department of Energy, Mound Plant, Miamisburg, OH
P.H., widow of R.H., (ECAB 17-0978): Hearing denial reversed; survivor claim sent back
P.H. sought death benefits after her husband, a former Department of Energy safety inspector, died of mesothelioma. OWCP denied the claim as untimely and then refused her requested hearing. The Board found that she had requested the hearing within 30 days of the November 2, 2016 decision and had a…
T.M. and U.S. Postal Service, Post Office, Indianapolis, IN
T.M. (ECAB 17-0915): Wage loss termination upheld on impartial medical opinion
T.M., a postal rural carrier, challenged the termination of wage-loss benefits for accepted neck and back conditions. The Board gave special weight to an impartial orthopedic surgeon who found that he could return to his rural carrier job without restrictions. It held that OWCP met its burden to…
A.W. and Department of the Air Force, Defense Commissary Agency, Maxwell Air Force Base, AL
A.W. (ECAB 17-0638): Claimed recurrence of total disability denied
A.W., a commissary worker, had accepted left shoulder and biceps injuries after lifting boxes in May 2015. She later claimed total disability beginning October 27, 2015, pointing in part to a new lifting and pushing incident earlier that month. The Board found that the new incident could not…
D.S. and Department of the Army, Fort Richardson, AK
D.S. (ECAB 17-0250): Board reverses rescission of accepted knee disability period
D.S., a former Army firefighter with an accepted right knee injury, had received wage-loss compensation for a recurrence of total disability. OWCP later decided she had not been disabled from February 17 through November 15, 2014 and tried to rescind that accepted period. The Board found that OWCP…
M.S. and U.S. Postal Service, Post Office, Flushing, NY
M.S. (ECAB 16-1907): Recurrence and separate injury claims denied
M.S., a postal letter carrier with accepted cervical spondylosis, claimed he could no longer perform his modified job beginning October 25, 2013. He also claimed a separate injury from a sudden onset of symptoms at work the day before. The Board found that his physicians did not explain how the…
N.B. and U.S. Postal Service, Network Distribution Center, Cincinnati, OH
N.B. (ECAB 16-1739): Board upholds refusal to reopen July 2014 wage loss claim
N.B., a postal mail handler with an accepted right shoulder injury, sought compensation for missed work from July 15 to 24, 2014. OWCP denied that wage-loss claim and later refused to reopen it. Her reconsideration request included reports concerning left shoulder problems and later periods of…
TRInternational, Inc.
In re TRInternational, Inc. (EAB TSCA Appeal No. 17-03Q): $10,000 penalty paid and matter resolved
EPA's Office of Civil Enforcement filed a complaint alleging that TRInternational, Inc. violated the chemical data reporting regulations of TSCA section 8(a). The complaint sought a $10,000 penalty. TRInternational paid the full penalty by wire transfer on August 17, 2017. The payment waived the…
Secretary of Labor v. Kenamerican Resources, Inc.
Challenge to special-assessment procedures denied
MSHA proposed $4,623 for an accumulation citation and special assessments of $12,300 and $55,200 for alleged on-shift and preshift examination violations at Kenamerican's Paradise No. 9 Mine. Kenamerican asked the judge to remand the two special assessments, arguing that MSHA's unpublished General…
D.S. and Department of the Air Force, Robins Air Force Base, GA
D.S. (ECAB 17-1224): Overpayment and fault finding affirmed after spouse’s death
D.S. continued receiving compensation at the rate for a worker with a dependent after her husband died on April 7, 2016. The Board found that the difference between that rate and the basic rate produced a $2,577.64 overpayment. She had signed forms explaining the dependent rule, so the Board upheld…
C.D. and U.S. Postal Service, Processing & Distribution Center, Albuquerque, NM
C.D. (ECAB 17-1074): Timely reconsideration request sent back for correct review
C.D. asked OWCP to reconsider its November 23, 2015 decision declining to add shoulder conditions to an accepted knee injury claim. OWCP received her request on November 22, 2016 but calculated that it arrived 366 days after the prior decision and treated it as untimely. The Board found that the…
J.G. and U.S. Postal Service, Post Office, Charlotte, NC
J.G. (ECAB 17-0910): Single day of wage loss remanded for job evidence
J.G., a postal carrier with an accepted back injury, claimed eight hours of wage loss for November 25, 2016. She had been working about two hours daily, and OWCP had paid partial compensation, but the record lacked a job description or a clear account of what work was available that day. The Board…
Harvey-Cleary Builders
Late notice of contest dismissed
Harvey-Cleary Builders was the general contractor at a Georgia construction site where OSHA issued an other-than-serious hazard communication citation. OSHA sent the citation by certified mail to the Maryland main-office address that the site superintendent had provided, and a company…
D.G. and U.S. Postal Service, Highland Hills Station, Dallas, TX
D.G. (ECAB 16-1855): Eye award rating remanded; injury-date pay rate upheld
D.G., a retired letter carrier, challenged an eight percent right-eye schedule award and argued that OWCP should use his 2012 retirement pay rate. The Board found that the medical record did not permit a reliable final impairment rating and returned that issue for further development. It upheld the…
M.B. and U.S. Postal Service, Post Office, Charlotte, NC
M.B. (ECAB 16-1531): Shoulder injury claim denied for missing causation opinion
M.B., a postal rural carrier, reported a left shoulder injury from a March 25, 2014 work incident. OWCP accepted that the incident occurred. Her physician diagnosed shoulder impingement with os acromiale but did not explain how the incident caused or aggravated the condition. The Board found that a…
R.O. and Department of Justice, Bureau of Prisons, Los Angeles, CA
R.O. (ECAB 16-1516): Consequential shoulder claim returned for specialist review
R.O. injured his left elbow at work and later reported hurting his right shoulder while doing prescribed countertop push-ups at home. After an earlier Board remand, OWCP asked a treating physician for an opinion about the exercise and possible consequential injury, but she did not respond. The…
L.A. and Defense Health Agency, National Capital Region Medical Directorate, Bethesda, MD
L.A. (ECAB 16-1352): Wrist claim denied for insufficient medical explanation
L.A., a medical technologist, reported left wrist pain while using a manual cell counter during microscope work. OWCP accepted that the July 21, 2015 incident occurred. Her physician diagnosed wrist tendinitis and a tendon condition but did not explain how the specific work activity caused or…
O.L. and Department of the Navy, Naval Facilities Engineering, Wahiawa, HI
O.L. (ECAB 16-0840): On-premises injury claim remanded for supervisor account
O.L., a Navy sheet metal mechanic, reported that another person kicked his chair while he was at a computer in a different building on the Navy premises. OWCP denied the claim on performance-of-duty grounds. The Board found conflicting accounts of why he was in that building and what he was doing…
Y.G. and U.S. Postal Service, Main Post Office, Seaford, NY
Y.G. (ECAB 17-1209): Foot and ankle injury claim denied for missing causation opinion
Y.G., a postal city carrier, felt pain in her left foot near the ankle while loading her truck on February 15, 2017. OWCP accepted that the work incident occurred. A podiatrist diagnosed ankle and foot conditions but did not say whether the incident caused or aggravated them. The Board found the…
N.L. and U.S. Postal Service, Omaha Vehicle Maintenance Facility, Omaha, NE
N.L. (ECAB 17-1202): Foot and knee occupational disease claim denied
N.L., a postal tire repairman, attributed foot and knee conditions to long periods of standing and other work. Some physicians checked forms saying an Achilles condition was work related without explaining why, while other reports described it as degenerative or gave no causation opinion. The Board…
V.W. and U.S. Postal Service, Post Office, West Charlotte, NC
V.W. (ECAB 17-0976): Schedule award denied for lack of rated limb impairment
V.W., a rural mail carrier with accepted lumbar conditions, sought a schedule award based on her physician’s eight percent rating of spinal impairment. The Board explained that a spinal rating alone does not establish compensable impairment of a scheduled arm or leg. Her physician had not rated…
B.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Loma Linda, CA
B.S. (ECAB 17-0941): New patient incident did not establish recurrence of knee disability
B.S., a VA vocational nurse, had an accepted left knee contusion from a December 2013 altercation with a patient. He claimed a recurrence after another patient altercation in April 2014. The Board found that the later event was an intervening incident rather than a spontaneous worsening of the…
B.B. and U.S. Postal Service, Post Office, State College, PA
B.B. (ECAB 17-0491): Occupational disease claim denied for inadequate medical link
B.B., a postal city carrier, attributed medical conditions to years of bending, lifting, and other regular duties. The Board accepted that those duties occurred but found that the medical reports did not adequately explain how they caused the diagnosed conditions. Much of the evidence instead…
D.M. and U.S. Postal Service, Post Office, Huntsville, AL
D.M. (ECAB 17-0297): Recurrence of total disability denied after modified work
D.M., a postal rural carrier with accepted left shoulder conditions, claimed he could no longer perform his modified assignment. The Board found that the medical evidence did not show a change in the accepted conditions that prevented him from doing that specific work. A different position offered…
G.L. and U.S. Postal Service, Post Office, Brooklyn, NY
G.L. (ECAB 16-1542): Back disability recurrence denied for missing medical rationale
G.L., a postal worker with an accepted 1999 lumbar strain, sought benefits for renewed disability beginning in September 2011. A physician reported later back pain and lumbar conditions but did not explain a spontaneous change in the accepted injury or why it prevented work on the claimed dates…
B.W. and U.S. Postal Service, Post Office, Louisville, KY
B.W. (ECAB 16-1778): Knee disease denial and refusal to reopen affirmed
B.W. attributed bilateral knee osteoarthritis to her postal work duties. The Board found that Dr. Nawab had not given a reasoned explanation linking the diagnosed condition to specific job factors. Her later reconsideration request supplied no qualifying new evidence or legal argument. The Board…
S.S. and U.S. Postal Service, Post Office, Tipton, CA
S.S. (ECAB 17-1161): Shoulder occupational disease claim denied
S.S., a postal rural carrier, attributed left shoulder osteoarthritis to repeated lifting, pushing, pulling, loading, and driving. Her physician identified osteoarthritis and other shoulder findings but did not discuss whether the work duties caused or aggravated them. The Board found the medical…
K.F. and U.S. Postal Service, Preston Station, Dallas, TX
K.F. (ECAB 17-1035): Missed telephone hearing properly treated as abandoned
K.F. requested a telephone hearing after OWCP denied continuation of pay for his accepted shoulder injury. OWCP mailed notice more than 30 days before the hearing and stated the scheduled time in Eastern time. He did not appear, seek postponement, or explain his absence within 10 days, later saying…
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.