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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S.C. and U.S. Postal Service, Post Office, Athens, GA
S.C. (ECAB 16-1842): Claimed shoulder injury incident not established
S.C., a rural carrier associate, reported shoulder and neck symptoms after moving heavy mail at work. Her accounts varied between lifting trays and throwing packages. The Board found those inconsistencies cast serious doubt on the claimed incident and that she had not established the factual part…
T.H. and U.S. Postal Service, Post Office, Dayton, OH
T.H. (ECAB 16-1659): Wage earning capacity question returned to OWCP
T.H., a former postal carrier, had an accepted cervical injury and a wage earning capacity determination based on a receptionist position. He later claimed disability from that position. The Board found that his claim raised whether OWCP should modify its prior wage earning capacity decision. It…
C.M. and U.S. Equal Employment Opportunity Commission, Washington, DC
C.M. (ECAB 16-1616): Timely reconsideration request returned
C.M. sought reconsideration of an emotional condition claim denial. OWCP treated her request as late and applied the clear evidence of error standard. The Board found that her request arrived within one year of the latest merits decision on the issue. It returned the case for review under the…
Chris Welch
Residential roofing fall and ladder violations affirmed
Chris Welch employed a worker who performed residential roofing more than 10 feet above the ground without fall protection. The worker accessed the roof using an extension ladder whose side rails did not extend three feet above the landing and that lacked an alternative secure handhold arrangement…
C.P. and Department of Homeland Security, U.S. Customs & Border Protection, Newark, NJ
C.P. (ECAB 17-0549): Shoulder disability recurrence denied
C.P., a border protection officer, had an accepted left shoulder injury from a training exercise. He sought disability benefits beginning March 9, 2013, after returning to unrestricted work and then being terminated for cause. The Board found that he did not establish a recurrence of work-related…
M.S. and U.S. Postal Service, Post Office, Spring, TX
M.S. (ECAB 17-0539): Continuing disability claim returned for evaluation
M.S., a postal city carrier, had an accepted 2013 work injury and claimed continuing disability after November 5, 2014. OWCP denied the claim without properly evaluating whether the medical evidence showed continuing residuals of the accepted injury. The Board returned the case for that evaluation…
C.D. and Department of Veterans Affairs, Veterans Health Care System, West Haven, CT
C.D. (ECAB 17-0322): Emotional condition claim denied
C.D., a VA nurse, reported fear and anxiety after a supervisor told her that a prior compensation claim no longer covered her. She sought benefits for an emotional condition arising from that exchange. The Board found that the record did not reliably establish a compensable work factor for the…
J.N. and U.S. Postal Service, Lancaster Processing & Distribution Center, Lancaster, PA
J.N. (ECAB 17-0237): Recurrence and cervical surgery claims denied
J.N., a postal worker, sought compensation for total disability beginning September 11, 2007 and for a cervical condition requiring surgery. She attributed both to accepted 2006 work injuries. The Board found that the medical record did not establish the claimed recurrence or link the cervical…
C.J. and Department of the Army, Army Signal Center, Fort Gordon, GA
C.J. (ECAB 16-1693): Lumbar surgery and reconsideration denials upheld
C.J., an Army firefighter, had accepted lower back conditions after a work injury involving a fire hose. He sought authorization for lumbar surgery and reconsideration after OWCP denied it. The Board found that OWCP had not abused its discretion in denying surgery and that the reconsideration…
M.M. and Department of Energy, National Nuclear Security Administration, Albuquerque, NM
M.M. (ECAB 16-1657): Radiation and fall claims returned for full record review
M.M. filed a claim referring to radiation exposure and a fall, while earlier claim files involved both subjects. The Board found that OWCP had not clearly reviewed the evidence across the combined files or clarified the fall allegation. It returned the case for review of the complete record and an…
S.C. and Department of the Army, Fort Belvoir, VA
S.C. (ECAB 16-1073): Cervical disability claim returned for medical opinion
S.C., an Army contract specialist, sought compensation for a recurrence of disability linked to an accepted cervical injury. Her physician related additional disc problems to the prior condition and surgery. The Board found the reports did not yet prove causation but were strong enough to require…
W.D. and Department of the Air Force, Randolph Air Force Base, TX
W.D. (ECAB 15-1707): Misfiled reconsideration request was timely
W.D. requested reconsideration of an injury claim denial in August 2014. OWCP scanned his request into a different claim file and later treated his status inquiry as a late request. The Board found that the original request was timely. It returned the case for OWCP to apply the proper…
Secretary of Labor obo Stacey Wayne Puckett v. Panther Creek Mining, LLC
Fireboss temporarily reinstated after MSHA interviews
Panther Creek Mining discharged fireboss Stacey Wayne Puckett about two weeks after he participated in two MSHA interviews concerning possible individual liability at the American Eagle Mine. Panther Creek said it did not know about the interviews and fired Puckett because he repeatedly failed to…
Secretary of Labor v. Southern Aggregates, LLC
Fire extinguisher modified and guard citation vacated
Southern Aggregates operates a surface sand and gravel mine where MSHA cited a fire extinguisher showing a recharge reading and a detached guard at a pea-gravel belt head pulley. Judge Jacqueline Bulluck found that the Secretary did not prove the extinguisher had actually been discharged, but did…
E.C. and Department of Justice, Federal Bureau of Prisons, Miami, FL
E.C. (ECAB 17-1029): Shoulder injury claim denied
E.C., a correctional supervisor, reported overextending her right arm while restraining an inmate. The Board accepted that the incident happened but found that the medical evidence did not adequately connect her shoulder conditions to it. It affirmed OWCP’s denial of the injury claim.
J.W. and U.S. Postal Service, Community Branch, Alexandria, VA
J.W. (ECAB 17-0870): Shoulder injury claim denied
J.W., a postal letter carrier, reported hurting her right shoulder and back while handling doors and parcels at work. The Board accepted the April 24, 2015 work incident but found no sufficiently reasoned medical opinion explaining how it caused a diagnosed shoulder condition. It upheld the injury…
A.F. and U.S. Postal Service, Post Office, Sag Harbor, NY
A.F. (ECAB 17-0751): Thumb disability recurrence denied
A.F., a postal rural carrier, had an accepted left thumb condition and authorized surgery. She later sought compensation for another period away from work. The Board found that the medical reports did not clearly connect disability beginning February 3, 2016 to the accepted injury. Her assertion…
L.N. and U.S. Postal Service, Post Office, San Francisco, CA
L.N. (ECAB 17-0662): Emotional condition reconsideration denied
L.N., a postal custodian, claimed depression and anxiety from his dealings with an OWCP claims examiner. After OWCP denied the claim, he sought reconsideration. The Board found that he had provided no new relevant argument, legal error, or pertinent evidence meeting the requirements to reopen…
M.P. and U.S. Postal Service, Post Office, Southeastern, PA
M.P. (ECAB 17-0459): Termination of injury benefits upheld
M.P., a postal mail handler, had accepted work-related injuries and received wage-loss and medical benefits. OWCP later ended those benefits based on an impartial medical examiner’s findings. The Board gave that opinion special weight and found that OWCP met its burden to terminate benefits. It…
Stephen M. Rhim
Employee abatement-date contest dismissed as moot
OSHA cited the U.S. Postal Service for allowing untrained employees to operate powered hand jacks at an Indianapolis facility and set an abatement date less than a month after citation issuance. Affected employee Stephen M. Rhim contested only the abatement date, arguing that corrective action…
M.S. and U.S. Postal Service, Post Office, Bedford Park, IL
M.S. (ECAB 17-0259): Carpal tunnel claim denied
M.S., a postal distribution associate, alleged bilateral carpal tunnel syndrome from years of lifting and repetitive hand work. The Board accepted the work duties but found that the medical evidence did not adequately explain how those duties caused the diagnosed condition. It upheld OWCP’s denial…
JH Traffic Control Co., LLC
Traffic-control citation vacated and reporting violation affirmed
JH Traffic Control employees were placing traffic barrels on a busy Boise road when one employee crossed an active lane to retrieve barrels and was struck by a car, causing serious injuries. OSHA alleged a general duty clause violation based on crossing live traffic lanes and setting barrels…
Y.D. and U.S. Postal Service, Post Office, Chicago, IL
Y.D. (ECAB 17-0461): Termination of injury benefits reversed
Y.D., a postal carrier, had accepted left leg and ankle conditions after a work injury. OWCP terminated benefits based on an impartial examiner’s report. The Board found that the examiner had relied on a statement of accepted facts that omitted conditions OWCP had accepted and had treated those…
K.A. and U.S. Postal Service, Proctor Station, Tacoma, WA
K.A. (ECAB 17-0381): Knee claim returned for impartial examination
K.A., a postal city carrier, claimed bilateral knee problems from her duties after prior accepted knee injuries. Her treating physician and OWCP’s referral physician gave conflicting opinions on whether her work duties caused the conditions. The Board found those opinions of essentially equal…
F.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX
F.A. (ECAB 17-0315): Emotional condition claim denied
F.A., a VA nurse, alleged harassment and personal attacks by her supervisor during meetings and assignments. The Board found that the evidence did not establish a compensable employment factor, such as proven administrative abuse or harassment. It upheld the denial without reaching the medical…
F.K. and Department of Agriculture, U.S. Forest Service, Washington, DC
F.K. (ECAB 17-0179): Emotional condition claim denied
F.K., a Forest Service staff assistant, alleged that supervisory harassment and other personnel actions aggravated depression and PTSD. The Board found no substantiated administrative error, abuse, or harassment that qualified as a compensable work factor. Because that threshold was not met, it did…
J.A. and Department of Veterans Affairs, Heart of Texas Health Care Network, Arlington, TX
J.A. (ECAB 17-0119): Shoulder injury claim denied
J.A., a VA management analyst, reported hyperextending her right shoulder while opening a car door on an incline during work. The Board found that the medical reports did not sufficiently explain how that event caused her shoulder condition, particularly in light of a prior shoulder history. It…
D.H. and U.S. Postal Service, Post Office, Doraville, GA
D.H. (ECAB 17-0073): Emotional condition claim denied
D.H., a postal manager, reported anxiety and depression related to events and responsibilities at work. The Board found that the medical evidence did not provide a reasoned causal link between her diagnosed condition and the accepted employment factor. It affirmed the claim denial.
L.R. and Tennessee Valley Authority, Chattanooga, TN
L.R. (ECAB 17-0031): Insect sting complications not established
L.R., a Tennessee Valley Authority maintenance worker, was stung by a hornet while cutting vegetation at work. He later attributed Parsonage Turner syndrome and other conditions to the sting. The Board found no medical opinion clearly explaining how the sting caused those conditions. It upheld the…
National Labor Relations Board Professional Association (Union) and National Labor Relations Board (Agency)
NLRB Professional Association and NLRB (FLRA 0-NG-3359): WebTA exemptions rejected
The National Labor Relations Board planned to replace its timekeeping system with WebTA, which required employees to enter and certify their own work time. The union proposed exempting bargaining-unit employees on standard, flexitour, and compressed schedules from those tasks. The Authority held…
Secretary of Labor v. Steve Ingram, employed by Jim Walter Resources, Inc.
Individual penalty reopened after predicate order downgraded
Steve Ingram did not timely contest an individual civil penalty assessment under section 110(c), so the assessment became a final Commission order. The assessment was based on a section 104(d)(1) order issued to his employer, but that order was later modified through settlement to a section 104(a)…
Secretary of Labor v. Original Fuels, Inc.
Timely show-cause response nullifies default
Original Fuels timely contested a proposed penalty but did not answer the Secretary's later penalty petition. The Chief Administrative Law Judge issued an order requiring a response by August 10, 2015, and the operator filed a letter on August 4 explaining why it contested the penalties and stating…
Secretary of Labor v. Buzzi Unicem USA
Old MSHA address excuses penalty-contest default
Buzzi Unicem failed to contest a proposed penalty within 30 days, causing the assessment to become a final Commission order. Its safety manager first mailed the contest to an obsolete address printed on MSHA's assessment form and resent it after the envelope was returned. Although the Secretary…
T.J. and U.S. Postal Service, Stockyards, Chicago, IL
T.J. (ECAB 17-0736): Hip impairment award returned for medical development
T.J., a postal letter carrier, had accepted right hip conditions and a schedule award based on 31 percent right leg impairment. She sought a higher rating. The Board found that the physicians had not adequately explained their calculations under the medical guide. It returned the claim for further…
R.W. and U.S. Postal Service, Post Office, White Cloud, MI
R.W. (ECAB 17-0644): Back injury claim denied
R.W., a postal rural carrier, reported sharp back pain while placing a package on a low shelf at work. The Board accepted the incident but found that the medical reports did not sufficiently explain how it caused a diagnosed back condition. It upheld the claim denial.
M.S. and Department of Justice, U.S. Marshals Service, Alexandria, VA
M.S. (ECAB 17-0612): Vehicle collision injury and reconsideration denials upheld
M.S., a Marshals Service inspector, was a passenger in a surveillance vehicle struck by another car. He alleged neck and shoulder injuries. The Board examined the diagnosed left elbow condition, lateral epicondylitis, and found the medical evidence insufficient to connect it to the accepted…
J.H. and Department of Homeland Security, Customs & Border Patrol, El Paso, TX
J.H. (ECAB 17-0320): Arm impairment rating returned for uniform method
J.H., a border patrol operator, had an accepted right elbow injury and a five percent right arm schedule award. He sought a higher rating. The Board found that OWCP physicians had applied the impairment guide inconsistently across upper extremity cases. It returned the claim for a uniform method…
E.B. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
E.B. (ECAB 17-0305): Shoulder condition not linked to stairwell fall
E.B., an IRS tax examining technician, fell on a stairwell during a tornado drill at work. He later sought compensation for a right shoulder condition. The Board accepted that the fall occurred but found that the medical evidence did not adequately explain how it caused the diagnosed shoulder…
A.A. and Department of the Treasury, Internal Revenue Service, Covington, KY
A.A. (ECAB 17-0231): Commuting accident outside performance of duty
A.A., an IRS information technology specialist, was injured in a traffic collision while traveling from an office visit to his telework location. The Board found that the trip was outside the performance of duty and that telecommuting alone did not make travel between home and the office…
J.C. and Department of the Navy, Marine Corps Base, Camp Lejeune, NC
J.C. (ECAB 16-1058): Compensation forfeiture period narrowed
OWCP found that J.C. forfeited compensation over several years for failing to report work activity and calculated a $228,311.94 overpayment. The Board found forfeiture only for October 11, 2009 through January 11, 2011. It upheld the fault finding, which barred waiver, but directed OWCP to…
Secretary of Labor v. Sims Crane, Inc.
Imminent-danger order reopened after agency reinforced mistake
Sims Crane missed the 30-day deadline to contest an imminent-danger order for a worker allegedly exposed to a fall hazard, believing that its later contest of the related citation and penalty also covered the order. The operator repeatedly included the order in its filings, and the Secretary's…
E.S. and U.S. Postal Service, Post Office, Memphis, TN
E.S. (ECAB 17-0808): Bilateral knee occupational disease claim denied
E.S., a postal letter carrier, claimed knee conditions, including a left meniscal tear, from walking, standing, climbing, and other duties. The Board found that her physician did not explain how those work factors caused the diagnosed degenerative and other knee conditions. It affirmed the…
W.D. and Department of Health & Human Services, Centers for Disease Control & Prevention, Atlanta, GA
W.D. (ECAB 17-0700): Emotional condition claim denied
W.D., a CDC health communications specialist, attributed an emotional condition to the agency’s erroneous rating of her qualifications for a position and its delay in acknowledging that error. The agency gave her priority consideration for a similar position. The Board held that the alleged delay…
J.H. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
J.H. (ECAB 17-0604): Seven percent leg impairment award affirmed
J.H., a Navy shipyard mechanic, had an accepted right ankle sprain after stepping into a pothole and rail track. He sought a schedule award above seven percent right leg impairment. The Board found that OWCP’s medical adviser properly applied the impairment guide to the medical findings and that no…
A.D. and U.S. Postal Service, Post Office, St. Louis, MO
A.D. (ECAB 17-0550): Knee claim denial affirmed with accepted incident
A.D., a postal mail carrier, reported striking his right knee on a fence while evading a dog after a delivery. The Board accepted that the June 24, 2016 incident occurred. It found that the medical reports did not adequately explain how the incident caused his diagnosed knee condition. It upheld…
J.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Long Beach, CA
J.L. (ECAB 17-0323): Dental claim denied, part of wage claim returned
J.L., a VA social worker, was injured as a passenger in a work vehicle collision. She sought acceptance of a dental condition and wage-loss compensation. The Board found that she had not established a work-related dental condition or total disability from July 14 to 27, 2016. It returned the…
A.B. and U.S. Postal Service, Processing & Delivery Center, Charleston, WV
A.B. (ECAB 17-0223): Disability recurrence denied
A.B., a postal maintenance mechanic, had accepted injuries after a battery hoist lever struck her face. She later claimed she could no longer perform modified work. The Board found that her physician’s restrictions still allowed sedentary work within the assignment and that she had not shown an…
D.D. and U.S. Postal Service, Post Office, Palm Springs, FL
D.D. (ECAB 17-0213): Late reconsideration denial affirmed
D.D., a postal mail handler, sought reconsideration of an OWCP decision involving her accepted shoulder injury claim. The Board found that her request was filed too late and that the materials did not show clear evidence of error in the last merits decision. It upheld OWCP’s refusal to reopen…
M.D. and U.S. Postal Service, Post Office, Philadelphia, PA
M.D. (ECAB 16-1230): Arm impairment rating returned for uniform method
M.D., a postal letter carrier, had an accepted left wrist fracture after a fall and received an award for five percent left arm impairment. She sought a higher award. The Board found that OWCP physicians were applying the impairment guide inconsistently in upper extremity cases. It returned the…
L.I. and Department of Homeland Security, Citizenship & Immigration Services, New York, NY
L.I. (ECAB 17-0759): Pneumonia claim reconsideration denied
L.I., an immigration services officer, attributed pneumonia to dirty air-conditioning vents in her office. OWCP denied the claim, and she sought reconsideration. The Board found that her timely request offered no new relevant argument or evidence meeting the requirements for merits review. It…
B.J. and U.S. Postal Service, Processing & Distribution Center, Fort Worth, TX
B.J. (ECAB 17-0633): Back injury claim denied
B.J., a postal maintenance mechanic, reported a lower back injury after moving and unloading heavy equipment at work. The Board accepted that the work activity happened but found no reasoned medical explanation connecting it to a diagnosed back condition. It affirmed the claim denial.
D.C. and Smithsonian Institution, National Gallery of Art, Washington, DC
D.C. (ECAB 17-0416): Late reconsideration denial affirmed
D.C., a gallery security guard, had claimed eye irritation after exposure to fumes at work. After his injury claim was denied, he sought reconsideration years later. The Board found that his narrative about asbestos exposure did not show clear evidence of error in the earlier decision, which had…
M.R. and Department of the Treasury, Internal Revenue Service, Richmond, VA
M.R. (ECAB 17-0343): Late reconsideration denial affirmed
M.R., an IRS contact representative, sought wage-loss compensation connected to an accepted neck sprain. She later requested reconsideration of an adverse decision. The Board found the request was late and did not show clear evidence of error in the prior merits ruling. It affirmed the refusal to…
T.H. and U.S. Postal Service, Post Office, Indianapolis, IN
T.H. (ECAB 17-0025): Benefit termination upheld, residuals returned
T.H., a postal mail processing clerk, had an accepted lumbar sprain and received benefits. The Board found that OWCP had sufficient grounds to terminate wage-loss and medical benefits effective April 2, 2014. It found the record was not ready to decide whether she later had residuals of the…
L.T. and U.S. Postal Service, Post Office, New Orleans, LA
L.T. (ECAB 16-1677): Termination of back injury benefits upheld
L.T., a postal clerk, had accepted neck and back sprains after lifting heavy buckets at work. OWCP terminated wage-loss and medical benefits after finding the accepted sprains had resolved. The Board found that OWCP met its burden to terminate benefits and that L.T. had not shown continuing…
K.T. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX
K.T. (ECAB 16-1340): Disability recurrence returned for job evidence
K.T., a border protection employee, sought disability compensation beginning May 5, 2005 for an accepted training injury. The Board found that the record lacked sufficient evidence about the duties and physical requirements of positions relevant to his disability claim. It returned the case for…
Tidewater Virginia Federal Employees, Metal Trades Council (Union) and United States Department of the Navy, Naval Facilities Engineering Command (NAVFAC MIDLANT) (Agency)
Tidewater Metal Trades Council and NAVFAC Mid-Atlantic (FLRA 0-AR-5276): Backpay increased and interest added
An arbitrator awarded a NAVFAC Mid-Atlantic employee 26.5 hours of overtime backpay using a formula that compared the employee's hours with an apprentice's hours. The undisputed record showed that the arbitrator had inserted the apprentice's hours from the beginning of April 2014 instead of the end…
American Federation of Government Employees, Local 3331 (Union) and United States Environmental Protection Agency (Agency)
AFGE Local 3331 and EPA (FLRA 0-AR-5274): Union exceptions dismissed or denied
AFGE Local 3331 filed exceptions to an arbitration award involving the Environmental Protection Agency. The Authority issued an expedited, abbreviated decision that did not describe the underlying grievance or the arbitrator's result. It refused to consider the union's exceeded-authority argument…
Secretary of Labor v. John Richards Construction
Default entered after operator ignored remand scheduling
The Commission had vacated an earlier summary ruling on one citation against John Richards Construction and remanded for discovery and a full hearing. Judge Jacqueline Bulluck's office then made five email attempts and nine telephone calls seeking the operator's availability for a prehearing…
D.G. and U.S. Postal Service, Post Office, Milwaukee, WI
D.G. (ECAB 17-0600): Knee impairment rating returned for clarification
D.G., a postal tractor trailer operator, had an accepted left knee meniscus tear and a two percent left leg schedule award. He sought a higher rating. The Board found that OWCP’s medical adviser had not adequately explained the use of grade modifiers under the impairment guide. It directed OWCP 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.