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
63,882 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

R.F. and U.S. Postal Service, Media Carrier Annex, Philadelphia, PA

R.F. (ECAB 16-0845): Termination of benefits upheld

R.F., a postal clerk, received benefits for accepted wrist, knee, and ankle conditions after a fall. OWCP reviewed medical opinions alongside surveillance footage and found no continuing injury residuals. The Board found the physicians’ reports sufficient to support termination and found that OWCP…

July 25, 2017 ·ECAB
Affirmed
ALJ

Secretary of Labor v. LRock Industries

One citation vacated and total penalties reduced to $20,585

LRock Industries operated a surface sand and gravel pit where MSHA issued 19 citations involving berms, equipment defects, guarding, electrical safety, labeling, workplace examinations, and fall protection. Judge Margaret A. Miller affirmed most of the violations, including significant and…

July 24, 2017 ·Margaret A. Miller ·FMSHRC
Mixed result
COMM

E.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH

E.W. (ECAB 17-1022): Hearing-loss award denial returned for explanation

E.W. sought a schedule award for hearing loss. OWCP denied it with a conclusory statement that the impairment was not ratable, without identifying the medical evidence or explaining the rating. The Board held that OWCP’s decision needed findings of fact and reasons sufficient to show why an award…

July 24, 2017 ·ECAB
Remanded
COMM

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

D.A. (ECAB 17-0816): Leg injury claim denied despite accepted porch incident

D.A.’s leg fell through a weak porch while she was working, and OWCP accepted that the incident occurred. Her medical reports described leg swelling or injury without a firm diagnosis or an explanation of causation. A chiropractor’s report did not meet FECA’s limited requirements for qualifying…

July 24, 2017 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Towson, MD

K.B. (ECAB 17-0682): Ankle benefit termination upheld

K.B. received benefits for an accepted left ankle sprain. OWCP’s examiner found no remaining disability or residuals from that sprain, and the Board upheld termination of wage-loss compensation and medical benefits. Later reports discussed pain, possible ligament problems, and proposed surgery but…

July 24, 2017 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, Post Office, Galvin, WA

T.B. (ECAB 17-0676): Traumatic injury claim filed too late

T.B., a former postmaster, filed a 2016 claim for an alleged November 1998 traumatic injury. The claim came more than 17 years after the incident, beyond FECA’s three-year filing period. The record also did not show that a supervisor had actual or written notice of that work injury within 30 days…

July 24, 2017 ·ECAB
Affirmed
COMM

M.B. and Department of Veterans Affairs, Aleda E. Lutz Veterans Medical Center, Saginaw, MI

M.B. (ECAB 17-0376): Schedule award denial upheld

M.B. sought an award for permanent arm or leg impairment following accepted foot and right arm injuries. Her physician proposed a left leg rating based on sensory deficits or a pain syndrome without adequately linking those findings to the accepted condition. An OWCP referral examiner and medical…

July 24, 2017 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Port Huron, MI

K.B. (ECAB 16-1880): New disability report requires merits review

K.B. sought reconsideration of a denied disability recurrence tied to accepted left carpal tunnel syndrome. She submitted a new report in which Dr. Colombo gave reasons for disagreeing with OWCP’s medical examiner about hand weakness and work limits. The Board found that the report was relevant new…

July 24, 2017 ·ECAB
Remanded
COMM

P.Y. and Department of the Interior, National Park Service, Alaska Regional Office, Anchorage, AK

P.Y. (ECAB 16-1324): Voice condition claim denied

P.Y. reported exposure to fumes during an office move and later sought benefits for dysphonia. OWCP accepted the September 2014 workplace events and the voice diagnosis. The Board found that her specialists either did not explain how those events caused the condition or gave speculative opinions…

July 24, 2017 ·ECAB
Affirmed
ALJ

Secretary of Labor and Phillip Lovell v. Pennyrile Energy, LLC and GMS Mine Repair

Roof bolter temporarily reinstated after safety complaints

Phillip Lovell worked for contractor GMS Mine Repair as a roof bolter at Pennyrile Energy's Riveredge Mine. He reported an energized cable defect, a broken automated temporary roof support weld, and missing welding precautions, then called MSHA and reported that another miner had threatened him and…

July 21, 2017 ·Kenneth R. Andrews ·FMSHRC
Procedural
COMM

Matter of Perla IZAGUIRRE, Beneficiary of a visa petition filed by Aurelio Izaguirre-Aguilera

Matter of Perla IZAGUIRRE (BIA ID 3897): undercover officer counts as a minor for the Adam Walsh Act

The Board reviewed a United States citizen's appeal from the denial of a family-based visa petition for his spouse. The petitioner had been convicted under Louisiana law of computer-aided solicitation of a minor, based on Internet communications with a person he believed was a 14-year-old girl who…

July 21, 2017 ·BIA
Affirmed
COMM

K.G. and Department of the Navy, Portsmouth Naval Shipyard, Kittery, ME

K.G. (ECAB 17-0943): Finger injury claim denied

K.G. reported jamming his left fifth finger against a handle while driving a fire engine at work. OWCP accepted that the incident happened. The medical report described a different crush mechanism and did not explain how the accepted event caused the diagnosed finger sprain. The Board affirmed the…

July 21, 2017 ·ECAB
Affirmed
COMM

R.I. and U.S. Postal Service, Post Office, Lincolnton, NC

R.I. (ECAB 17-0920): Twenty-one percent left leg award upheld

R.I. sought more than 21 percent left leg impairment after an accepted knee condition and replacement. His treating doctor’s rating did not show how it complied with the applicable A.M.A. Guides. OWCP’s medical adviser used the documented findings and the guide’s rating method to calculate 21…

July 21, 2017 ·ECAB
Affirmed
COMM

L.S. and Department of Veterans Affairs, Central Alabama Healthcare System, Montgomery, AL

L.S. (ECAB 17-0809): Reconsideration request returned for correct deadline rule

L.S. sought reconsideration of an injury claim after the one-year period measured from OWCP’s last merits decision. OWCP reviewed the request under the standard for timely reconsideration instead of the rule for late requests. The Board set aside that procedural decision and returned the case for…

July 21, 2017 ·ECAB
Remanded
COMM

J.G. and U.S. Postal Service, Post Office, Big Lake, MN

J.G. (ECAB 17-0709): Late reconsideration request denied

J.G. sought reconsideration of a September 2015 denial of a back injury claim. OWCP received the request more than one year after that decision. A new physician report relied on symptoms appearing after a cart incident without sufficient medical reasoning and did not clearly show error in the…

July 21, 2017 ·ECAB
Affirmed
COMM

L.C. and U.S. Postal Service, Post Office, Hayward, CA

L.C. (ECAB 17-0518): Disability claim not reopened

L.C. sought reconsideration of denied wage-loss compensation for days in May and June–July 2015 following an accepted sacroiliac sprain. His new medical submissions did not address disability during those dates; other material repeated reports already in the file. The Board held that general…

July 21, 2017 ·ECAB
Affirmed
COMM

F.E. and U.S. Postal Service, Processing & Distribution Center, Santa Clarita, CA

F.E. (ECAB 17-0503): Suitable-work claim not reopened

F.E. sought reconsideration of a prior decision that he could perform an offered customer-care job. His arguments about repetitive duties and medication had been considered or did not show that the job was medically unsuitable. A later doctor’s report did not address whether medication prevented…

July 21, 2017 ·ECAB
Affirmed
COMM

R.R. and Department of the Navy, Camp Lejeune, NC

R.R. (ECAB 17-0176): Disability claims for 2016 periods denied

R.R. sought wage-loss compensation for several periods from April through August 2016 after accepted injuries. His physician did not explain how the left arm tenosynovitis related to the accepted injuries. His right shoulder reports also did not explain why he could not perform his light-duty job…

July 21, 2017 ·ECAB
Affirmed
COMM

L.D. and Department of Homeland Security, Federal Protective Service, Rochester, NY

L.D. (ECAB 16-1742): Wrist claim files ordered combined

L.D. claimed continuing wrist disability after an accepted 2014 injury, while OWCP also treated the later filing as a new occupational disease claim. In deciding the recurrence issue, an OWCP hearing representative relied on information from the earlier injury file that was absent from the record…

July 21, 2017 ·ECAB
Remanded
COMM

S.J. and Department of the Treasury, Office of the Secretary, Washington, DC

S.J. (ECAB 16-0079): Treasury fall claim returned for workplace facts

S.J. fell while walking from a diversity event at Treasury to her office. The record did not establish whether attendance was on official time or leave, the exact location of the fall, or who controlled that location. Those facts mattered to whether the incident occurred in the performance of duty…

July 21, 2017 ·ECAB
Remanded
COMM

L.D. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH

L.D. (ECAB 15-1311): Right arm award returned for uniform rating

L.D. sought more than five percent permanent impairment of her right arm. The Board found that OWCP had applied diagnosis-based and range-of-motion methods inconsistently in upper extremity cases. It set aside the decision so OWCP could apply a uniform method and issue a new decision. The Board did…

July 21, 2017 ·ECAB
Remanded
ALJ

Lloyd Industries, Inc.

Machine guarding and health violations largely affirmed

Lloyd Industries manufactured fire dampers and HVAC products at a Pennsylvania plant where a former employee's fingers were amputated by a press brake. OSHA's safety and health inspections identified unguarded machine points of operation and power-transmission parts, improperly closed electrical…

July 21, 2017 ·Keith E. Bell ·OSHRC
Mixed result
ALJ

Crown Resources Corporation v. Secretary of Labor and ACI Northwest, Inc. v. Secretary of Labor

Haul-road jurisdiction requires a hearing

MSHA issued four citations after a miner died in an accident on a haul road serving Crown Resources' Buckhorn Mine. Crown Resources and contractor ACI Northwest argued that the road was public and not appurtenant to the mine, while the Secretary argued that it was a private mine-access road within…

July 20, 2017 ·L. Zane Gill ·FMSHRC
Procedural
COMM

M.P. and U.S. Postal Service, Post Office, North Haven, CT

M.P. (ECAB 17-0653): Reconsideration denial affirmed

M.P. sought to link a right breast hematoma found during surgery in 2015 to a work-related vehicle accident in 2000. OWCP denied the recurrence claim, and she sought reconsideration. The Board found that her request offered a duplicate medical report and other evidence that did not address the…

July 20, 2017 ·ECAB
Affirmed
COMM

G.G. and U.S. Postal Service, Post Office, Ballwin, MO

G.G. (ECAB 17-0537): Termination of injury benefits affirmed

G.G., a postal carrier, injured her shoulder, neck, and back in a fall on ice at work. OWCP later terminated benefits based on a medical opinion that the accepted strains had resolved. The Board found that OWCP had met its burden to terminate benefits. G.G. did not establish continuing disability…

July 20, 2017 ·ECAB
Affirmed
COMM

L.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Pittsburgh, PA

L.D. (ECAB 17-0390): Recurrence and wage loss claims denied

L.D., a VA housekeeping aid, had an accepted right knee and leg sprain after twisting his knee while pushing a cart. He later sought treatment for a recurrence and wage-loss compensation from June 15 to July 27, 2016. The Board found that the medical evidence did not establish a causal link between…

July 20, 2017 ·ECAB
Affirmed
COMM

J.D. and Department of Labor, Employment & Training Administration, Denver, CO

J.D. (ECAB 17-0143): Nine percent arm impairment award affirmed

J.D. had an accepted thoracic outlet syndrome claim arising from work for the Labor Department. OWCP found nine percent permanent impairment of her right arm. She sought a higher award based on a physician’s 35 percent rating. The Board found that physician had not adequately explained his use of…

July 20, 2017 ·ECAB
Affirmed
COMM

M.W. and Department of the Navy, Naval Undersea Warfare Center, Newport, RI

M.W. (ECAB 16-1777): Hearing loss award remains at 11 percent

M.W., a retired Navy engineering technician, had accepted work-related hearing loss and tinnitus. OWCP awarded compensation for 11 percent binaural hearing loss. He sought an increased award based on tinnitus. The Board found no reasoned medical evidence that tinnitus affected his activities of…

July 20, 2017 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, Sewell, NJ

J.B. (ECAB 16-0661): Occupational disease claim returned for medical development

J.B., a rural carrier associate, reported that repetitive mail handling and delivery aggravated neck, back, and arm conditions. OWCP denied the occupational disease claim. The Board found that her physician’s reports did not establish causation but strongly suggested a relationship to the accepted…

July 20, 2017 ·ECAB
Remanded
ALJ

Davis H. Elliot Company, Inc.

Power-line safety violations affirmed after electric shock

Davis H. Elliot Company employees were installing neutral conductor wire on a West Virginia power distribution line when the wire contacted an energized 7,200-volt primary line. Two employees received an electric shock, resulting in one death and one serious injury. The judge found that Elliot…

July 20, 2017 ·Dennis L. Phillips ·OSHRC
Mixed result
ALJ

Secretary of Labor v. Emerald Coal Resources, LP

Late penalty petition dismissed after bankruptcy prejudice

MSHA issued two flagrant orders at Emerald Mine No. 1 for alleged violations of the hazardous-condition posting and combustible-material accumulation standards, with proposed penalties totaling $234,200. The Secretary filed the penalty petition five months after the Commission's deadline and…

July 19, 2017 ·Kenneth R. Andrews ·FMSHRC
Procedural
COMM

K.S. and U.S. Postal Service, Post Office, Kewanee, IL

K.S. (ECAB 17-1115): Left arm occupational disease claim denied

K.S., a postal distribution associate, reported left arm symptoms from repetitive lifting, carrying, reaching, and pushing at work. Her physician identified conditions but did not adequately explain how the specific job duties caused or aggravated them. The Board found that the medical evidence did…

July 19, 2017 ·ECAB
Affirmed
COMM

M.W. and U.S. Postal Service, Post Office, Chino, CA

M.W. (ECAB 17-0829): Wrist schedule award denial affirmed

M.W., a postal carrier, had accepted right wrist and ulna fractures after a parcel delivery injury. She later requested a schedule award. A second opinion physician and OWCP medical adviser rated her permanent wrist impairment at zero percent based on their findings and the medical guide. The Board…

July 19, 2017 ·ECAB
Affirmed
COMM

F.R. and U.S. Postal Service, Processing & Distribution Center, Chicago, IL

F.R. (ECAB 17-0712): Toe fracture claim denied

F.R., a postal tractor trailer operator, hurt his right foot when a dock plate fell on it at work. OWCP accepted lacerations of the right lesser toes but did not accept a reported fracture. The Board found that a physician’s brief form diagnosis did not include an injury history, examination…

July 19, 2017 ·ECAB
Affirmed
COMM

N.H. and U.S. Postal Service, Post Office, West Sacramento, CA

N.H. (ECAB 17-0696): Schedule award denial affirmed

N.H., a postal clerk, had accepted neck, thoracic, and lumbar sprains after lifting a container door at work. She requested a schedule award for permanent impairment. OWCP asked for an impairment evaluation under the applicable edition of the medical guide, but she did not submit one. The Board…

July 19, 2017 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Processing & Distribution Center, Melville, NY

D.C. (ECAB 17-0690): Wrist claim denial affirmed with corrected work finding

D.C., a postal mail processing clerk, reported right wrist symptoms after repeatedly flipping mail boxes onto a machine. OWCP denied her claim because it found the work duties unproven. The Board found the duties were established and modified that part of OWCP’s reasoning. It still denied the claim…

July 19, 2017 ·ECAB
Modified
COMM

G.R. and U.S. Postal Service, Post Office, St. Petersburg, FL

G.R. (ECAB 17-0669): Elbow injury claim denied

G.R., a postal custodian, reported injuring his right elbow and arm while trying to steady a cabinet that shifted on a hand truck at work. OWCP accepted that the incident happened but denied the injury claim. The Board found that the physicians did not give a reasoned opinion connecting the…

July 19, 2017 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Original Sixteen to One Mine, Inc.

MSHA management subpoenas denied before citation hearing

Original Sixteen to One Mine asked to subpoena two MSHA Western District managers and an inspector, or alternatively the Metal and Nonmetal Administrator, for a hearing involving eleven citations and two orders. The operator wanted to question them about the training and qualifications of the two…

July 18, 2017 ·William B. Moran ·FMSHRC
Procedural
COMM

P.M. and U.S. Postal Service, Post Office, Albuquerque, NM

P.M. (ECAB 17-1080): Reconsideration denial affirmed

P.M., a postal worker, claimed a right shoulder injury after throwing parcels onto a moving belt. OWCP denied the injury claim, and he later sought reconsideration. The Board found that his request did not meet any regulatory ground for reopening the case. It affirmed the refusal without deciding…

July 18, 2017 ·ECAB
Affirmed
COMM

B.W. and Department of Labor, Mine Safety & Health Administration, Birmingham, AL

B.W. (ECAB 17-0847): Benefit suspension for missed examination affirmed

B.W., a mine safety inspector, had an accepted work-related right knee injury. OWCP directed him to attend a medical examination while assessing impairment and suspended compensation when he did not attend. The Board found that OWCP had properly required the examination and that the refusal…

July 18, 2017 ·ECAB
Affirmed
COMM

R.S. and Department of the Air Force, Tinker Air Force Base, Midwest City, OK

R.S. (ECAB 17-0713): Carpal tunnel claims returned for combined review

R.S. alleged bilateral carpal tunnel syndrome and other arm conditions from Air Force work. A prior claim also involved carpal tunnel syndrome. The Board found that OWCP had not accounted for the prior claim or the possibility that new medical evidence had been filed there. It ordered OWCP to…

July 18, 2017 ·ECAB
Remanded
COMM

I.L. and U.S. Postal Service, Post Office, Wailuku, HI

I.L. (ECAB 17-0684): Hand claim denied, reconsideration returned

I.L., a postal carrier, sought compensation for bilateral hand pain she linked to repetitive mail handling. The Board found that the medical record did not establish a work-related hand condition and affirmed the claim denial. It also found that OWCP had overlooked evidence submitted with her…

July 18, 2017 ·ECAB
Mixed result
COMM

C.P. and House of Representatives, Human Resources Office, Washington, DC

C.P. (ECAB 17-0630): Total right eye loss warrants full schedule award

C.P., a House cabinet maker, had an accepted aggravation of right retinal detachment and no light perception in that eye. OWCP awarded compensation for 20 percent impairment of the right eye. The Board found that total eye loss qualified for the full 160 weeks of compensation, rather than the 32…

July 18, 2017 ·ECAB
Remanded
COMM

H.T. and U.S. Postal Service, Morris Processing & Delivery Center, Washington, DC

H.T. (ECAB 17-0144): Six percent leg impairment award affirmed

H.T., a postal mail handler, had accepted lower back conditions after pulling mail from a dolly. OWCP awarded compensation for six percent impairment of his left leg. He sought a higher rating and argued that the medical evidence conflicted. The Board found that OWCP’s medical adviser properly…

July 18, 2017 ·ECAB
Affirmed
COMM

J.C. and Social Security Administration, Uniontown, PA

J.C. (ECAB 17-0089): Termination of injury benefits affirmed

J.C., a Social Security Administration service representative, injured her right shoulder and head in a workplace incident. OWCP later ended wage-loss and medical benefits after finding that the accepted conditions had resolved. The Board found that OWCP met its burden to terminate benefits. It…

July 18, 2017 ·ECAB
Affirmed
COMM

C.B. and Department of Transportation, Federal Aviation Administration, Renton, WA

C.B. (ECAB 17-0933): Late reconsideration request needs correct review standard

C.B. sought reconsideration of a 2002 injury claim denial in 2017 and alleged clear evidence of error. OWCP used the standard for a timely request. The Board found that the request was untimely and directed OWCP to apply the clear evidence of error standard and issue a new decision.

July 17, 2017 ·ECAB
Remanded
COMM

C.T. and Department of Homeland Security, Immigration & Customs Enforcement, Fort Lauderdale, FL

C.T. (ECAB 17-0889): Reconsideration denial affirmed

C.T., a technical enforcement officer with Immigration and Customs Enforcement, reported injuries after falling from a roof while retrieving a tracker. OWCP denied his injury claim, and he sought reconsideration. The Board found that his request did not meet the requirements for reopening a claim…

July 17, 2017 ·ECAB
Affirmed
COMM

M.V. and U.S. Postal Service, Post Office, Chino, CA

M.V. (ECAB 17-0882): Recurrence of disability not established

M.V., a postal letter carrier, had accepted cervical conditions from an earlier occupational disease claim. He later sought compensation for a renewed period of disability. The Board found that the submitted medical evidence did not sufficiently explain how the accepted injury caused disability…

July 17, 2017 ·ECAB
Affirmed
COMM

E.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX

E.G. (ECAB 17-0866): Additional shoulder and neck conditions denied

E.G., a VA electrician, was struck by metal parts falling from an overhead door at work. He sought acceptance of right shoulder and cervical spine conditions from that incident. The Board found that the medical opinions did not adequately explain how the accepted event caused those conditions. It…

July 17, 2017 ·ECAB
Affirmed
COMM

A.G. and U.S. Postal Service, Post Office, Port Lavaca, TX

A.G. (ECAB 17-0710): Left leg impairment raised to five percent

A.G., a postal letter carrier, had accepted left foot conditions and received a schedule award based on three percent leg impairment. He sought a higher rating. The Board found that the medical evidence supported five percent permanent impairment of the left lower extremity. It modified OWCP’s…

July 17, 2017 ·ECAB
Modified
COMM

J.W. and Department of Homeland Security, United States Coast Guard Office of Civilian Personnel, Baltimore, MD

J.W. (ECAB 17-0701): Hearing loss did not qualify for schedule award

J.W., a Coast Guard boat builder, had occupational hearing loss related to shipyard noise. He sought a schedule award, but OWCP’s district medical adviser found that the measured loss did not meet the impairment threshold in the medical guide. The Board agreed that the hearing loss was not ratable…

July 17, 2017 ·ECAB
Affirmed
COMM

R.S. and Department of the Interior, Bureau of Reclamation, Grand Coulee, WA

R.S. (ECAB 17-0603): Hearing loss schedule award denied

R.S., a Bureau of Reclamation hydromechanic, claimed hearing loss from workplace noise. OWCP’s medical adviser calculated zero percent ratable hearing impairment under the standard schedule award method. The Board found no contrary medical report establishing a compensable percentage. It affirmed…

July 17, 2017 ·ECAB
Affirmed
COMM

T.D. and U.S. Postal Service, Post Office, Nashville, TN

T.D. (ECAB 17-0104): Compensation overpayment recovery upheld

T.D., a postal city carrier assistant, received wage-loss compensation after a work vehicle collision. OWCP found that she had been overpaid $2,859.01 for June 19 through August 7, 2015. The Board upheld the overpayment and OWCP’s refusal to waive recovery. It also found that she abandoned her…

July 17, 2017 ·ECAB
Affirmed
COMM

W.S. and U.S. Postal Service, Post Office, Grand Rapids, MI

W.S. (ECAB 16-0763): Forfeiture case returned for requested hearing

OWCP found that W.S. had forfeited compensation by failing to report work and earnings, then found an overpayment. W.S. requested a hearing on the forfeiture decision within 30 days. The Board found that OWCP failed to grant or properly address the timely request. It returned the case for the…

July 17, 2017 ·ECAB
Remanded
COMM

Commodity Futures Trading Commission, Eastern Regional Office, New York, New York (Agency) and American Federation of Government Employees, AFL-CIO (Incumbent/Labor Organization) and National Treasury Employees Union (Petitioner/Labor Organization)

CFTC Eastern Region, AFGE, and NTEU (FLRA BN-RP-16-0022): NTEU election result upheld

AFGE petitioned to consolidate professional and nonprofessional Commodity Futures Trading Commission units, and NTEU then timely petitioned to represent the professional employees. The regional office held NTEU's petition while the consolidation proceeded, reopened it after certification, and…

July 14, 2017 ·FLRA
Upheld
COMM

S.W. and Department of Justice, Bureau of Prisons, Federal Correctional Complex, Beaumont, TX

S.W. (ECAB 17-0801): Arm impairment claim returned for consistent rating

S.W., a correctional officer, had an accepted right hand fracture after a van door closed on her hand. She sought more than a six percent right arm schedule award. The Board found that OWCP physicians had applied the impairment guide inconsistently in upper extremity cases. It returned the claim…

July 14, 2017 ·ECAB
Remanded
COMM

E.S. and U.S. Postal Service, Post Office, Minneapolis, MN

E.S. (ECAB 17-0698): Reconsideration request was timely

E.S., a postal rural carrier associate, sought reconsideration of a denied shoulder injury claim. OWCP treated the request as late and required clear evidence of error. The Board found that OWCP had incorrectly determined the filing date and that the request was timely. It directed OWCP to review…

July 14, 2017 ·ECAB
Remanded
COMM

R.L. and U.S. Postal Service, Post Office, Pontiac, MI

R.L. (ECAB 17-0670): Benefit reduction for rehabilitation noncooperation upheld

R.L., a postal custodial laborer, had accepted injuries after a carrier case fell on him. OWCP began vocational rehabilitation and later reduced compensation because he did not cooperate with its early stages. The Board found that OWCP had properly applied the statutory sanction, even though the…

July 14, 2017 ·ECAB
Affirmed
COMM

C.G. and U.S. Postal Service, South Suburban Processing & Delivery Center, Bedford Park, IL

C.G. (ECAB 17-0660): Schedule award reconsideration denied

C.G., a postal sorter, had received a schedule award based on five percent permanent impairment of each upper extremity. She sought reconsideration of that award. The Board found that her submission did not identify an error of law, advance a new relevant argument, or provide pertinent new medical…

July 14, 2017 ·ECAB
Affirmed
COMM

G.P. and U.S. Postal Service, Post Office, Milpitas, CA

G.P. (ECAB 17-0039): Termination of knee injury benefits affirmed

G.P., a postal clerk, had an accepted work-related right knee condition. OWCP later terminated wage-loss and medical benefits after finding that the accepted injury no longer caused disability or residuals. The Board found that OWCP had met its burden to terminate benefits. It also found that G.P…

July 14, 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.