Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

V.D. and Department of Homeland Security, Immigration & Customs Enforcement, New York, NY

V.D. (ECAB 17-0838): New medical report requires merit reconsideration

V.D. asked OWCP to reconsider a decision involving continuing effects of an accepted 2001 injury. Her physician submitted a new report addressing whether the accepted conditions still caused disability and explaining why she could not perform her original job. The Board found the report relevant…

August 24, 2017 ·ECAB
Remanded
COMM

L.M. and U.S. Postal Service, Post Office, Saint Louis, MO

L.M. (ECAB 17-0815): Request for renewed ankle treatment denied

L.M., a postal worker, had an accepted right ankle sprain from May 2012 and returned to full duty that June. She sought renewed treatment beginning July 25, 2016. The Board found that her physician described a different 2013 injury and did not give a reliable explanation linking the 2016 treatment…

August 24, 2017 ·ECAB
Affirmed
COMM

R.W. and Department of the Army, Fort Polk, LA

R.W. (ECAB 17-0202): Overpayment established; amount returned for pay-rate calculation

R.W., an Army civilian employee and reservist, received FECA compensation whose pay calculation included military earnings. The Board agreed that an overpayment occurred for January 27, 2013 through April 14, 2015, but found that OWCP had not properly determined the civilian date-of-injury pay…

August 24, 2017 ·ECAB
Mixed result
COMM

A.J. and U.S. Postal Service, Post Office, Oklahoma City, OK

A.J. (ECAB 16-1282): Knee surgery treatment recurrence denied

A.J., a postal worker, had accepted left knee meniscus tears and earlier authorized surgery. She later sought coverage of another knee operation in January 2016. The Board found that the medical record did not adequately link the renewed treatment need to the accepted work condition, rather than…

August 24, 2017 ·ECAB
Affirmed
COMM

J.A. and Department of Defense, Defense Contract Management Agency, Fort Riley, KS

J.A. (ECAB 17-1036): Missed hearing request held abandoned

J.A. sought an oral hearing on an OWCP claim decision and later said he never received the hearing notice. The Board found that OWCP had mailed the notice to his address of record more than 30 days ahead of the January 12, 2017 hearing. He did not appear, request postponement, or explain the…

August 23, 2017 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, New Orleans, LA

J.S. (ECAB 17-0967): Neuropathy claim and refusal to reopen affirmed

J.S., a postal letter carrier, attributed bilateral ulnar neuropathy to repetitive work. The Board found that medical reports did not explain how the accepted duties caused the nerve condition. His reconsideration request contained only a narrative account of treatment, with no new medical evidence…

August 23, 2017 ·ECAB
Affirmed
COMM

N.G. and Department of the Army, Civilian Personnel Advisory Center, Redstone Arsenal, AL

N.G. (ECAB 17-0884): Benefit termination reversed because OWCP did not prove aggravation had ended

N.G., an Army civilian employee, had an accepted temporary aggravation of schizoaffective disorder associated with work pressures. OWCP terminated her compensation effective October 22, 2014 based on a psychiatrist’s later report. The Board found that the report did not explain when the…

August 23, 2017 ·ECAB
Vacated
COMM

G.M. and U.S. Postal Service, Post Office, Huntington Station, NY

G.M. (ECAB 17-0784): Alleged dual-benefit overpayment returned for proof

G.M. received FECA compensation, and OWCP alleged he also received Office of Personnel Management retirement benefits for May 20 to 28, 2016. OWCP had no response from OPM documenting payment, dates, or amount when it decided the case. The Board found that OWCP had not established the alleged…

August 23, 2017 ·ECAB
Remanded
COMM

E.S. and U.S. Postal Service, Post Office, Jackson, MS

E.S. (ECAB 17-0718): Overpayment upheld; fault split between deposits

E.S. returned to modified full-time postal work on October 31, 2015 while total-disability compensation continued through December 12. The Board upheld the $4,031.14 overpayment. It found he was not at fault for the first direct deposit covering October 31 to November 14, because he could not…

August 23, 2017 ·ECAB
Mixed result
COMM

M.M., claiming as widow of J.M., and U.S. Postal Service, Post Office, Tulsa, OK

M.M., claiming as widow of J.M., (ECAB 17-0560): Survivor overpayment established; amount remanded

M.M. challenged an overpayment involving FECA death benefits for minor children and Social Security survivor payments tied to the same federal service. The Board agreed that the concurrent payments created an overpayment. SSA and OWCP, however, had supplied inconsistent offset figures, and OWCP did…

August 23, 2017 ·ECAB
Mixed result
COMM

A.M. and U.S. Postal Service, Post Office, Mobile, AL

A.M. (ECAB 16-1875): Back recurrence and refusal to reopen denied

A.M., a postal worker with an accepted lumbar sprain, claimed his condition worsened beginning September 1, 2015. The Board found that his medical reports did not establish a disabling change in the accepted injury. His later reconsideration request supplied no qualifying new evidence or legal…

August 23, 2017 ·ECAB
Affirmed
ALJ

Sean Benschop d/b/a S&R Contracting

Willful unsupported-wall violation affirmed

S&R Contracting was demolishing a multi-story Philadelphia building with an excavator while a three-to-four-story masonry wall remained standing without lateral bracing. The wall collapsed onto an adjacent Salvation Army store, causing six deaths and injuring twelve people. The judge found that an…

August 23, 2017 ·Covette Rooney ·OSHRC
Mixed result
COMM

D.M. and U.S. Postal Service, Chautauqua Station, Chautauqua, NY

D.M. (ECAB 17-1222): Elbow impairment claim returned for consistent rating

D.M., a postal letter carrier, sought a schedule award after an accepted right elbow dislocation. The Board found that OWCP had applied competing methods from the sixth edition of the A.M.A. Guides inconsistently in upper extremity cases. It set aside the denial and directed OWCP to use a uniform…

August 22, 2017 ·ECAB
Remanded
COMM

C.F. and Department of Veterans Affairs, Portland Veterans Affairs Medical Center, Portland, OR

C.F. (ECAB 17-1204): Training travel status requires further development

C.F., a VA human resources assistant, fell on ice while leaving a bus en route to a work training session away from her regular duty station. OWCP denied the claim because the fall occurred off VA premises. The Board found that OWCP had not adequately investigated her assertion that she was on…

August 22, 2017 ·ECAB
Remanded
COMM

J.M. and U.S. Postal Service, Post Office, Richmond, PA

J.M. (ECAB 17-1002): Back injury claim denied for missing causal explanation

J.M., a postal letter carrier, reported back pain after standing up while loading his cart. OWCP accepted that the workplace incident occurred. The Board found that the medical reports did not give a sound explanation of how that movement caused or aggravated the diagnosed back conditions. It…

August 22, 2017 ·ECAB
Affirmed
COMM

A.Y. and U.S. Postal Service, Post Office, Milwaukee, WI

A.Y. (ECAB 17-0695): Two percent knee impairment award upheld

A.Y., a postal letter carrier, received a schedule award after surgery for an accepted left knee meniscus tear. His surgeon estimated five percent impairment but omitted examination details and grade modifiers supporting the calculation. OWCP’s medical adviser explained a two percent rating under…

August 22, 2017 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Indianapolis, IN

K.B. (ECAB 17-0424): Injury account and reconsideration found insufficient

K.B., a postal letter carrier, claimed he fell at work when his right side gave out. The Board found that his own description lacked detail about the alleged incident’s time, place, and manner; the medical histories also described different falls. His later medical submission did not address that…

August 22, 2017 ·ECAB
Affirmed
COMM

D.P. and Department of Transportation, Federal Aviation Administration, Leesburg, VA

D.P. (ECAB 16-1198): Constructed customer service earning capacity upheld

D.P., an FAA employee receiving compensation, challenged a reduction based on her capacity to earn wages as a customer service representative. The Board found the medical evidence supported her ability to work and the vocational evidence established that the position was suitable and reasonably…

August 22, 2017 ·ECAB
Affirmed
COMM

M.P. and Department of Veterans Affairs, Veterans Administration Medical Center, West Palm Beach, FL

M.P. (ECAB 17-1221): Back injury claim lacked medical causation proof

M.P., a VA voluntary services officer, claimed a lower back injury after moving donations at work. The Board found that her physician’s reports diagnosed conditions but did not explain how the November 14, 2016 incident caused them. Reports from a nurse and physical therapist could not supply a…

August 21, 2017 ·ECAB
Affirmed
COMM

S.R. and U.S. Postal Service, Post Office, Estrella, AZ

S.R. (ECAB 17-1087): Pumpkin moving injury found outside proven job duties

S.R., a postal letter carrier, said she hurt her hands, wrists, and elbows while pushing a pumpkin through locked doors at her workplace. The Board found no evidence that moving the pumpkin was required by her job or substantially benefited the Postal Service. She also submitted no medical evidence…

August 21, 2017 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Sulphur Springs Post Office, Tampa, FL

D.B. (ECAB 17-0500): Shoulder claim returned for second medical opinion

D.B., a postal employee, attributed a left shoulder condition to his work duties and also claimed a resulting right shoulder problem. His physician described the duties, findings, and a possible mechanism of injury. The Board found that opinion insufficient to prove the claim but strong enough to…

August 21, 2017 ·ECAB
Remanded
COMM

A.W. and Department of Housing and Urban Development, Wilmington, DE

A.W. (ECAB 17-0455): Upper extremity and neck claim denial upheld

A.W., a HUD employee, claimed that work duties caused left arm and neck conditions and aggravated a right arm condition. An impartial medical examiner concluded that the conditions were unrelated to the cited duties. The Board found his opinion detailed, based on an accurate history, and entitled…

August 21, 2017 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Network Distribution Center, Warrendale, PA

M.D. (ECAB 17-0430): Abscess claim lacked link to workplace fall

M.D., a postal employee, claimed a perirectal abscess following a January 18, 2014 workplace fall. The Board accepted that the incident occurred but found no clear physician explanation of how it caused or aggravated the diagnosed condition. It affirmed OWCP’s denial because the medical evidence…

August 21, 2017 ·ECAB
Affirmed
COMM

C.F. and Department of the Navy, Camp Smedley D. Butler, Okinawa, Japan

C.F. (ECAB 16-1718): Concurrent earnings overpayment and fault upheld

C.F., a Navy employee, received wage-loss compensation while also earning pay from other employment between August 2007 and May 2009. The Board upheld OWCP’s $3,605.65 overpayment calculation. It found that he had been informed how earnings affected compensation and should have known full payments…

August 21, 2017 ·ECAB
Affirmed
COMM

R.A. and U.S. Postal Service, Post Office, Amarillo, TX

R.A. (ECAB 16-0016): Arm impairment award returned for uniform method

R.A., a postal employee, sought more than the previously awarded six percent impairment of each upper extremity. The Board found that OWCP had applied competing methods in the sixth edition of the A.M.A. Guides inconsistently across upper extremity claims. It set aside the decision and required a…

August 21, 2017 ·ECAB
Remanded
COMM

Matter of J-G-D-F-

Occupied-dwelling burglary is a crime involving moral turpitude

The Board reviewed a Mexican respondent's appeal from a removal order based on two Oregon first-degree burglary convictions. It held that burglary of a regularly or intermittently occupied dwelling is categorically a crime involving moral turpitude, even when no person was present during the…

August 18, 2017 ·BIA
Affirmed
COMM

T.C. and Department of Homeland Security, Customs & Border Protection, McAllen, TX

T.C. (ECAB 17-1059): Hearing abandonment set aside for short notice

T.C. requested an oral hearing on his compensation claim. OWCP scheduled it less than 30 days after the date of its written notice and later declared the request abandoned. The Board held that the notice period was too short under the hearing regulation. It set aside abandonment and directed a new…

August 18, 2017 ·ECAB
Remanded
COMM

D.P. and Department of the Treasury, Internal Revenue Service, Chamblee, GA

D.P. (ECAB 17-1025): Foot injury claim lacked medical causal opinion

D.P., an IRS employee, claimed a right foot condition after an accepted September 20, 2016 work incident. A cosigned medical report identified an ankle sprain, but did not explain whether the incident caused or aggravated it. Other records lacked a firm diagnosis, relevant history, or a signed…

August 18, 2017 ·ECAB
Affirmed
COMM

P.S. and U.S. Postal Service, Post Office, Cherry Hill, NJ

P.S. (ECAB 17-0802): Conflicting knee opinions require impartial examination

P.S., a postal worker, reported a pop in his right knee while delivering mail. OWCP’s physician viewed the meniscus tear as degenerative, while his treating physician viewed its imaging pattern as traumatic. The Board found a genuine conflict between the medical opinions. It required OWCP to obtain…

August 18, 2017 ·ECAB
Remanded
COMM

L.D. and U.S. Postal Service, Post Office, Baltimore, MD

L.D. (ECAB 17-0693): Emotional condition claim lacked medical link

L.D., a postal employee, alleged an emotional condition after an August 26, 2016 customer incident and her supervisor’s later response. The Board recognized a compensable work factor but found no firm medical diagnosis and reasoned physician opinion connecting a condition to that incident. It also…

August 18, 2017 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Beachwood, OH

J.S. (ECAB 16-1738): Knee schedule award denied for no proven impairment

J.S., a postal employee, had an accepted left knee strain and sought a permanent impairment award. His physician estimated seven percent leg impairment, but the Board found the rating insufficiently linked to the accepted condition and unsupported by diagnostic findings. OWCP’s medical adviser…

August 18, 2017 ·ECAB
Affirmed
COMM

S.T. and U.S. Postal Service, Post Office, Santa Ana, CA

S.T. (ECAB 16-1471): Neck benefit termination reversed

S.T., a postal worker, received benefits for an accepted work-related neck sprain. OWCP terminated them based on an impartial examiner’s opinion that the condition had resolved. The Board found the examiner questioned whether the accepted sprain had occurred, acknowledged gaps in the records, and…

August 18, 2017 ·ECAB
Vacated
COMM

N.D. and Office of Special Counsel, Headquarters, Washington, DC

N.D. (ECAB 16-0823): Workplace stress claim lacked proven compensable factor

N.D., an Office of Special Counsel employee, attributed stress to office moves, administrative decisions, and alleged supervisor harassment. The Board found no evidence that management erred or abused its authority in the administrative matters. It also found insufficient corroboration for the…

August 18, 2017 ·ECAB
Affirmed
ALJ

Bergelectric Corp.

Roof fall-protection violation partly affirmed

Bergelectric employees installed photovoltaic panels on a hangar roof using warning lines and a safety monitor instead of guardrails, safety nets, or personal fall arrest systems. The judge found that installing solar panels was not roofing work under the standard, so Bergelectric could not use the…

August 18, 2017 ·Peggy S. Ball ·OSHRC
Mixed result
COMM

Secretary of Labor v. Croell Redi-Mix, Inc.

Unopposed reopening granted without stated grounds

Croell Redi-Mix asked the Commission to reopen a penalty assessment that had become a final Commission order after the contest deadline passed. The Secretary did not oppose the motion. The Commission's short order does not identify the operator's grounds or make factual findings about the missed…

August 17, 2017 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Lhoist North America of Virginia, Inc.

Unopposed reopening granted without stated grounds

Lhoist North America of Virginia asked the Commission to reopen a penalty assessment that had become a final Commission order after the contest deadline passed. The Secretary did not oppose the motion. The Commission's short order does not identify the operator's grounds or make factual findings…

August 17, 2017 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Ember Energy, LLC

Unopposed reopening granted without stated grounds

Ember Energy asked the Commission to reopen a penalty assessment that had become a final Commission order after the contest deadline passed. The Secretary did not oppose the motion. The Commission's short order does not identify the operator's grounds or make factual findings about the missed…

August 17, 2017 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Sherwin Alumina Company, LLC

Unopposed reopening granted without stated grounds

Sherwin Alumina asked the Commission to reopen a penalty assessment that had become a final Commission order after the contest deadline passed. The Secretary did not oppose the motion. The Commission's short order does not identify the operator's grounds or make factual findings about the missed…

August 17, 2017 ·FMSHRC
Remanded
COMM

Michael Dugger v. Union Pacific Railroad Co.

Dugger v. Union Pacific Railroad (DOL ARB 2016-0079): Late railroad complaint dismissed

Union Pacific told Michael Dugger in August 2015 that his employment was terminated and that he could not return to a union craft position. It refused his attempt to use seniority rights for another position in September 2015. Dugger filed a railroad whistleblower complaint with OSHA in March 2016…

August 17, 2017 ·DOL ARB
Procedural
COMM

E.R. and U.S. Postal Service, Main Post Office, Cincinnati, OH

E.R. (ECAB 17-1055): New nerve study requires schedule award review

E.R., a postal employee, sought a schedule award for upper extremity impairment. Her new nerve testing was relevant because OWCP’s earlier impairment rating relied on the absence of those results. The Board found that she had submitted pertinent new medical evidence with her reconsideration…

August 17, 2017 ·ECAB
Remanded
COMM

S.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Buffalo, NY

S.M. (ECAB 17-0998): Knee injury claim lacked causal medical opinion

S.M., a VA nurse, claimed a knee injury after picking something up at work. OWCP accepted the July 15, 2016 incident. The Board found that imaging documented a meniscus tear, but the medical reports did not explain how the work event caused it. It affirmed the denial for lack of a reasoned…

August 17, 2017 ·ECAB
Affirmed
COMM

A.H. and U.S. Postal Service, Post Office, Portland, OR

A.H. (ECAB 16-1828): Termination of neck injury benefits upheld

A.H., a postal employee, received benefits for an accepted work-related cervicalgia condition. OWCP terminated medical and wage-loss compensation effective July 22, 2014. The Board found that OWCP’s medical evidence justified termination and that later reports did not establish continuing…

August 17, 2017 ·ECAB
Affirmed
COMM

A.L. and U.S. Postal Service, Post Office, St. Louis, MO

A.L. (ECAB 16-1737): Rotator cuff tear not linked to accepted injury

A.L., a postal employee, had an accepted shoulder sprain after pulling a door at work. He later sought coverage for a rotator cuff tear and related surgery. His physician said the tear was consistent with the incident but did not explain how the pull caused it, especially given the delayed…

August 17, 2017 ·ECAB
Affirmed
COMM

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

C.S. (ECAB 16-1585): Leg impairment claim returned for accepted back sprain review

C.S., a postal employee, sought more than a four percent left leg schedule award following an accepted lumbar sprain. OWCP asked its examiner about a disputed herniated disc, but did not ask whether the accepted sprain caused additional leg impairment. The Board found that the examination failed to…

August 17, 2017 ·ECAB
Remanded
COMM

S.A. and U.S. Postal Service, Post Office, Melville, NY

S.A. (ECAB 16-1556): Partial work hours require overpayment recalculation

S.A., a postal worker, received total-disability payments after returning to modified work in April 2016. The Board found an overpayment issue but concluded that OWCP had incorrectly treated his return as full-time work. Time records showed part-time hours and leave without pay that OWCP had not…

August 17, 2017 ·ECAB
Remanded
COMM

I.C. and U.S. Postal Service, Post Office

I.C. (ECAB 16-1278): New accepted conditions require wage-capacity review

I.C., a postal employee, asked OWCP to modify a 2009 wage-earning capacity determination based on his actual earnings as a modified special delivery clerk. OWCP later accepted additional foot and ankle conditions and imposed further work restrictions. The Board found that OWCP had not evaluated…

August 17, 2017 ·ECAB
Remanded
COMM

Secretary of Labor v. Canyon Fuel Company, LLC

Ambulance citation affirmed; escapeway ruling stands on tie

Canyon Fuel's alternate escapeway ended at a mountain portal without road access, where miners would need to hike for hours or rely on helicopter rescue that was unavailable at night, in poor weather, or in winds above 10 mph. The Commission unanimously affirmed a violation of 30 C.F.R. §…

August 16, 2017 ·FMSHRC
Citations affirmed
COMM

Administrator, Wage and Hour Division, USDOL v. Strates Shows, Inc.

WHD Administrator v. Strates Shows (DOL ARB 2015-0069): Dismissal without prejudice affirmed

The Wage and Hour Division assessed back wages and penalties against Strates Shows, a traveling carnival that employed H-2B workers. After a federal court vacated the regulations underlying the assessment, the agency asked the administrative law judge to dismiss this case without prejudice. Strates…

August 16, 2017 ·DOL ARB
Affirmed
COMM

A.B. and U.S. Postal Service, Post Office, Tujunga, CA

A.B. (ECAB 17-1193): Reconsideration refusal upheld after suitable-work termination

A.B., a postal employee, sought reconsideration after OWCP ended compensation for refusal of suitable work. His arguments about retirement benefits repeated points considered in the earlier decision or did not address the suitable-work issue. The Board found no relevant new evidence or legal…

August 16, 2017 ·ECAB
Affirmed
COMM

M.B. and Department of Homeland Security, Customs & Border Protection, El Centro, CA

M.B. (ECAB 17-1072): Longer medical travel reimbursement denied

M.B., a Customs and Border Protection employee, sought reimbursement for trips to a physician’s San Diego office after that physician stopped seeing patients closer to his home. The Board found no evidence explaining why comparable care closer to home was unavailable or the longer trips were…

August 16, 2017 ·ECAB
Affirmed
COMM

D.S. and U.S. Postal Service, Post Office, Crestwood, KY

D.S. (ECAB 17-0996): Shoulder injury claim lacked medical explanation

D.S., a postal employee, felt a pop in his right shoulder while lifting mail at work. OWCP accepted the incident. His physician diagnosed shoulder conditions but did not explain how the lifting caused them, and imaging supplied no causal opinion. The Board affirmed the denial.

August 16, 2017 ·ECAB
Affirmed
COMM

J.S. and Department of the Navy, Military Sealift Command, Virginia Beach, VA

J.S. (ECAB 17-0965): Retirement offset overpayment amount returned

J.S., a Navy employee, received FECA compensation and Social Security benefits partly tied to federal service. The Board agreed that simultaneous payments without the required offset created an overpayment. OWCP used benefit figures tied to FERS, although the record showed he had a CSRS offset…

August 16, 2017 ·ECAB
Mixed result
COMM

J.G. and U.S. Postal Service, Post Office, Trotwood, OH

J.G. (ECAB 17-0922): One percent leg impairment award upheld

J.G., a postal employee, sought a larger award for an accepted left hip and thigh injury. His physician rated two percent impairment using a hip motion finding. OWCP’s medical adviser found the motion loss inconsistent with earlier examination findings and calculated one percent under the A.M.A…

August 16, 2017 ·ECAB
Affirmed
COMM

S.B. and U.S. Postal Service, Post Office, Houston, TX

S.B. (ECAB 16-1534): Disability denial upheld; treatment time returned

S.B., a postal employee with accepted carpal tunnel syndrome, sought wage-loss compensation for several missed work periods. The Board found that her physicians did not explain how the accepted condition prevented work on those dates. It separately found records of two 2016 medical appointments for…

August 16, 2017 ·ECAB
Mixed result
COMM

International Federation of Professional and Technical Engineers, Association Administrative Law Judges (Union) and Social Security Administration, Office of Disability and Appeals Review (Agency)

SSA administrative law judges and IFPTE (FLRA 0-AR-5264): Telework memo grievance remains nonarbitrable

The Social Security Administration issued a memorandum defining case-scheduling and delinquency thresholds that could restrict administrative law judges' telework. The union challenged the thresholds before any judge's telework had been restricted. An arbitrator read the agreement to permit a…

August 16, 2017 ·FLRA
Upheld
ALJ

Secretary of Labor obo Benjamin Leadmon and Franklin Jeremiah Gibson v. Blue Creek Mining, LLC

Two safety complainants temporarily reinstated

Franklin Jeremiah Gibson objected to continuous-miner work involving airflow and unsupported roof, and Benjamin Leadmon delivered Gibson's written safety concerns and joined meetings with management about those conditions and personal-dust-monitoring instructions. Blue Creek suspended both miners…

August 15, 2017 ·William S. Steele ·FMSHRC
Procedural
COMM

P.J. and Department of Justice, U.S. Marshals Service, West Palm Beach, FL

P.J. (ECAB 17-0991): Vehicle collision injury claim lacked physician opinion

P.J., a U.S. Marshals Service investigator, was a passenger in a work-related vehicle collision. The Board accepted that the collision occurred, but found no physician’s report explaining how it caused or aggravated a diagnosed neck or back condition. Nurse practitioner notes and imaging did not…

August 15, 2017 ·ECAB
Affirmed
COMM

M.N. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

M.N. (ECAB 17-0931): Hearing loss claim timely through employer notice

M.N., a Navy shipyard employee, filed a hearing loss claim years after his last workplace noise exposure. Although he missed the ordinary three-year filing period, employer hearing tests documented loss close to his last exposure. The Board held that those tests gave the employer timely notice…

August 15, 2017 ·ECAB
Remanded
COMM

R.B. and Department of Justice, Bureau of Prisons, Ashland, KY

R.B. (ECAB 17-0898): Arm impairment claim returned for uniform rating

R.B., a Bureau of Prisons employee, sought more than one percent right arm impairment. The Board found OWCP had inconsistently applied competing methods from the sixth edition of the A.M.A. Guides in upper extremity claims. It set aside the award decision and required a uniform method and a new…

August 15, 2017 ·ECAB
Remanded
COMM

T.P. and U.S. Postal Service, Post Office, Osage, MN

T.P. (ECAB 17-0886): Fall claim lacked medical causation explanation

T.P., a rural postal carrier, fell while exiting his vehicle at work and claimed back, neck, and arm injuries. His physician diagnosed cervical conditions and attributed them to the fall. The Board found that the reports did not explain medically how the fall caused or aggravated those conditions…

August 15, 2017 ·ECAB
Affirmed

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.