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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L.J. and U.S. Postal Service, Post Office, Chicago, IL
L.J. (ECAB 17-0754): Upper arm impairment award denied
L.J., a postal employee, sought a schedule award for permanent arm impairment related to accepted neck and cervical spine conditions. OWCP’s medical adviser found no documented sensory or motor deficits supporting the proposed rating. The Board found that the submitted medical report did not…
M.P. and U.S. Postal Service, Post Office, Federal Way, WA
M.P. (ECAB 17-0150): Right arm carpal tunnel award ordered
M.P., a postal mail processing clerk, sought a larger schedule award for bilateral carpal tunnel syndrome. The Board upheld a five percent impairment rating for each arm and found no basis for more. It held that an earlier right shoulder award did not duplicate an award for right wrist carpal…
Empire Roofing Company of Georgia, Inc.
Roof and aerial-lift fall violations affirmed
An Empire Roofing crew repaired a hotel roof about 40 feet above the ground using an aerial lift for access. Near the end of the day, the four workers removed their harnesses and continued working on the sloped metal roof for about 10 to 15 minutes, then descended in the lift without being tied…
G.L. and U.S. Postal Service, Post Office, Jacksonville, FL
G.L. (ECAB 16-1679): Reconsideration denial upheld
G.L., a postal carrier, sought further review of a compensation claim involving left ankle and foot conditions. She argued that OWCP had misread medical evidence and her work restrictions. The Board found that her request did not meet the requirements for reopening the merits. It upheld OWCP’s…
L.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Cincinnati, OH
L.W. (ECAB 16-1317): Carpal tunnel impairment claim returned for examination
L.W., a VA medical clerk typist, sought a schedule award for accepted carpal tunnel syndrome in both arms. Her treating neurologist found maximum medical improvement, and OWCP’s medical adviser found enough evidence to rate permanent impairment. The Board held that OWCP should obtain an examination…
T.B. and U.S. Postal Service, Westlake Branch Post Office, Westlake, OH
T.B. (ECAB 16-1315): Shoulder injury claim denied
T.B., a postal clerk support employee, claimed that handling a heavy tub of mail injured her right shoulder. The Board found that her accounts of the date and circumstances were inconsistent and did not establish the claimed February 8, 2015 incident. It upheld OWCP’s denial of the claim.
Delta Energy Center
In re Delta Energy Center (EAB PSD Appeal No. 17-01): Petition dismissed for lack of EAB jurisdiction
Delta Energy Center operates a combined-cycle gas-fired power plant with a prevention-of-significant-deterioration permit originally issued under EPA-delegated authority. Rob Simpson and Helping Hand Tools argued that a March 2017 state license amendment effectively modified Delta's PSD permit…
Secretary of Labor v. Larry Anderson, formerly employed by AK Coal Resources, Inc.
Privileged discovery narrowed to facts and timing
Larry Anderson faced individual civil penalties under Mine Act section 110(c) and sought depositions about MSHA's investigation and review timeline. The Secretary asked to prevent an unnamed MSHA official's deposition and to limit the deposition of supervising investigator Cajetan Stepanic. Judge…
N.W. and U.S. Postal Service, Post Office, Cleveland, OH
N.W. (ECAB 17-0427): Left leg impairment award denied
N.W., a postal employee, sought a schedule award for permanent left leg impairment after an earlier accepted work injury. The Board found that the evidence did not establish permanent impairment caused by the accepted conditions. It upheld OWCP’s denial of the award.
J.J. and U.S. Postal Service, Post Office, Allen Park, MI
J.J. (ECAB 17-0410): Termination for refusing work reversed
J.J., a postal letter carrier with an accepted knee condition, accepted an offered full-time customer care position under protest. She then said she could not work and retired. OWCP terminated benefits for refusal of suitable work. The Board found that OWCP had misidentified her treating osteopath…
L.F. and U.S. Postal Service, Post Office, Anaheim, CA
L.F. (ECAB 17-0243): Reconsideration denial upheld
L.F., a postal maintenance mechanic, sought reconsideration of a denied disability recurrence claim arising from an earlier work injury. He argued that OWCP had overlooked submitted evidence. The Board found that his request did not meet the requirements for another review of the merits. It upheld…
S.H. and Department of the Army, Fort George Mead, MD
S.H. (ECAB 16-1607): Continuing disability claim denied
S.H., an Army employee, sought compensation for disability and medical residuals after benefits for accepted arm and hand conditions were terminated. The Board found that the later medical evidence did not establish continuing disability or a need for treatment caused by those conditions beginning…
A.A. and Department of the Navy, Fleet Forces Command, Portsmouth, VA
A.A. (ECAB 16-1208): Hearing loss claim denied
A.A., a Navy structural zone manager, claimed hearing loss from workplace noise. The Board found that he filed the claim within the allowed period after his last occupational exposure. His medical evidence, however, did not adequately establish that the hearing loss was caused by federal…
C.V. and U.S. Postal Service, Processing & Distribution Center, Lansing, MI
C.V. (ECAB 16-1042): Leg impairment award and reconsideration denied
C.V., a postal distribution clerk, sought a schedule award for permanent leg impairment. The Board found that his physician had not provided a rating under the required impairment guides. A later report did not supply the missing rating or other pertinent new evidence. The Board upheld both the…
American Federation of Government Employees, Local 2302 (Union) and United States Department of the Army, U.S. Army Human Resources Command (Agency)
Army Human Resources Command and AFGE Local 2302 (FLRA 0-AR-5261): Nonselection award upheld
The Army selected two applicants for supervisory mortuary-affairs positions after interviews and scoring placed the grievant fourth among four candidates. AFGE Local 2302 challenged the selection process, but the arbitrator found that the union had not shown the grievant would have been selected…
Jason Farmer v. Spartan Mining Co., LLC and Alpha Natural Resources Holdings, Inc.
Late discrimination case survives MSHA notice error
Jason Farmer alleged that Spartan Mining reduced his hours and kept him in dusty work after he reported breathing problems, sought less-dusty work, and applied for Part 90 protection after developing black lung disease. MSHA declined to prosecute and mailed its determination to Farmer, but it did…
G.W. and Department of Veterans Affairs, Veterans Administration Health Administration, Gainesville, FL
G.W. (ECAB 17-0957): Leg impairment claim returned to resolve medical conflict
G.W., a VA nursing assistant, sought a schedule award for leg impairment after an accepted back injury. Her physician rated impairment in both legs, while OWCP’s medical adviser found none attributable to the injury. The Board found an unresolved conflict in the medical opinions. It returned the…
H.V. and U.S. Postal Service, Logistics & Distribution Center, Kearny, NJ
H.V. (ECAB 17-0492): Left ear hearing loss claim denied
H.V., a postal mail handler and equipment operator, attributed left ear hearing loss to workplace noise. The Board credited an impartial specialist’s explanation that the increased loss in that ear was due to a conductive condition rather than the claimed noise exposure. It upheld OWCP’s denial.
E.Z. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilmington, DE
E.Z. (ECAB 17-0447): Benefit overpayment recovery upheld
E.Z., a VA employee, challenged OWCP’s finding that overlapping benefits caused a $60,991.35 compensation overpayment. The Board upheld the amount and the denial of a waiver. It also upheld recovery through $760 deductions from continuing compensation payments.
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Bronx, NY
C.S. (ECAB 17-0399): Knee and ankle injury claim denied
C.S., a VA employee, claimed knee and ankle injuries after an accepted fall at work. The Board found that her physician identified conditions but did not adequately explain how the fall caused them. It upheld OWCP’s denial of the claim.
Y.S. and U.S. Postal Service, Processing & Distribution Center, Bethpage, NY
Y.S. (ECAB 17-0123): Ankle disability recurrence denied
Y.S., a postal mail handler, sought compensation for two hours of lost work per shift after returning to light duty following an accepted ankle injury. The Board found that the medical evidence did not establish that the injury limited her to six hours of work daily beginning May 29, 2015. It…
T.F. and Department of Agriculture, Forest Service, Platina, CA
T.F. (ECAB 16-0851): Termination for refusing temporary work upheld
T.F., a Forest Service employee with accepted back conditions, declined a temporary sedentary position offered by his employer. The Board found that OWCP had shown the offer was suitable within his work restrictions. It upheld termination of wage loss compensation after he refused the offer.
Matter of Bepean Joseph DEANG
“reason to believe” is insufficient for aggravated-felony receipt of stolen property
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision terminating removal proceedings. The respondent, a Sudanese lawful permanent resident, had been convicted in South Dakota of receiving a stolen motor vehicle under a statute that required either…
J.J. and U.S. Postal Service, Post Office, Dover, MA
J.J. (ECAB 17-0885): Wage loss reduction upheld
J.J., a postal employee with accepted arm and shoulder injuries, declined a temporary light duty assignment. OWCP reduced her wage loss compensation based on the wages she would have earned in that assignment. The Board found that the offered duties fit her medical restrictions and upheld the…
T.D. and U.S. Postal Service, Post Office, Macedon, NY
T.D. (ECAB 17-0649): Rotator cuff claim denied
T.D., a postal rural carrier, attributed a left shoulder rotator cuff tear to repeated lifting and pulling at work. OWCP accepted the work activities and diagnosis. The Board found that the medical evidence did not adequately connect the tear to those activities. It upheld the claim denial.
S.D. and U.S. Postal Service, Post Office, Roswell, GA
S.D. (ECAB 17-0469): Reconsideration denial upheld
S.D., a postal sales and distribution associate, sought reconsideration after OWCP denied a claim involving lifting and dispatch work. The Board found that her submissions did not establish a new legal argument or relevant new evidence about the claimed work events. It upheld OWCP’s refusal to…
M.A. and U.S. Postal Service, Post Office, Palatine, IL
M.A. (ECAB 17-0352): Shoulder injury claim denied
M.A., a postal employee, attributed a right shoulder condition to lifting heavy mail tubs at work. The work incident was accepted, but the Board found that the additional medical evidence did not adequately explain how it caused her shoulder condition. It upheld OWCP’s denial of the claim.
E.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Decatur, GA
E.W. (ECAB 17-0071): Reconsideration denial upheld
E.W., a VA nurse, sought further review of compensation connected to an accepted respiratory condition. Her reconsideration request referred to payment for doctor visits after she returned to work. The Board found that the request did not meet the requirements for reopening the merits. It upheld…
L.Z. and U.S. Postal Service, Processing & Distribution Center, Phoenix, AZ
L.Z. (ECAB 16-1134): Disability recurrence claim returned for medical review
L.Z., a postal employee, claimed renewed disability from an accepted 2015 injury. OWCP relied on a second opinion examination to deny the claim. The Board found that the physician had not fully explained the accepted conditions and related disability. It returned the case for further medical…
G.C. and U.S. Postal Service, Post Office, Chicago, IL
G.C. (ECAB 17-0675): Back injury claim denied
G.C., a postal sales and service associate, claimed a back injury after sorting and scanning mail at work. The Board accepted the work activity but found that the medical evidence did not adequately connect her back condition to it. It upheld OWCP’s denial of the claim.
J.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilkes Barre, PA
J.O. (ECAB 17-0664): Timely reconsideration request returned to OWCP
J.O., a VA radiologic technologist, sought reconsideration of a denied injury claim. OWCP treated her request as late and applied the clear evidence of error standard. The Board found that her attorney had submitted a timely request with medical evidence in May 2015 that OWCP had not addressed. It…
C.M. and U.S. Postal Service, Post Office, Kokomo, IN
C.M. (ECAB 17-0596): Injury and hearing denials upheld
C.M., a postal worker, sought compensation for an injury claimed after an accepted work incident. The Board found that the medical evidence did not adequately establish an injury caused by that incident. It also upheld OWCP’s denial of her request for an oral hearing. Both OWCP decisions were…
A.B. and U.S. Postal Service, Post Office, Bedford Park, IL
A.B. (ECAB 17-0545): Disability recurrence claim denied
A.B., a postal employee, sought compensation for renewed disability beginning May 10, 2016 after a 2003 work injury. The Board found that the submitted evidence did not establish that the claimed disability was caused by the accepted injury. It upheld OWCP’s denial of the recurrence claim.
S.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Northport, NY
S.C. (ECAB 17-0412): Back injury claim denied
S.C., a VA employee, claimed a back injury after lifting milk crates at work. The Board accepted his account of the work activity but found that the medical opinions did not adequately explain how it caused or aggravated the diagnosed back conditions. It upheld OWCP’s denial of the claim.
B.C. and U.S. Postal Service, Tustin Post Office, Tustin, CA
B.C. (ECAB 17-0388): Reconsideration denial upheld
B.C., a postal employee, sought another review of a claim involving a fall in a parking lot. His request challenged OWCP’s earlier finding that the fall was outside the performance of duty. The Board found that he had not presented a new legal ground or relevant new evidence requiring merits…
S.G. and Department of Agriculture, Forest Service, Albuquerque, NM
S.G. (ECAB 17-0175): Late reconsideration request denied
S.G., a Forest Service recreational assistant, sought reconsideration of an earlier injury claim decision. OWCP received her request more than one year after the last merits decision. The Board found that her submission did not show clear evidence of error, the standard for an untimely request. It…
C.R. and U.S. Postal Service, Post Office, Oakland, CA
C.R. (ECAB 16-1241): Health premium overpayment upheld
C.R., a postal employee, received compensation without required health benefit premium deductions during two periods. The Board upheld OWCP’s finding of a $9,651.32 overpayment and found that C.R. was at fault, preventing waiver. It also upheld recovery through $300 deductions every 28 days from…
G.R. and Department of Veterans Affairs, Veterans Health Administration, Dayton, OH
G.R. (ECAB 16-0544): Travel injury claim returned for factual review
G.R., a VA medical administration specialist, claimed injury in a vehicle accident while traveling to Texas. The record conflicted on whether his trip was an official site visit connected to a training program or a personal job search. The Board found that OWCP needed to resolve the purpose and…
D.M. and U.S. Postal Service, Processing & Distribution Facility, North Charleston, SC
D.M. (ECAB 16-0346): Knee condition claim denied
D.M., a postal mail handler, attributed a torn right knee meniscus to standing, walking, bending, and stooping at work. The Board found that the medical reports did not adequately explain how those duties caused or aggravated the condition. It upheld OWCP’s denial of the claim.
M.F. and U.S. Postal Service, Post Office, Knox, IN
M.F. (ECAB 15-1890): Arm impairment claim returned for consistent rating
M.F., a postal carrier, sought a schedule award above a 12 percent right arm impairment rating after a fall while delivering mail. The Board found that OWCP had applied the impairment guides inconsistently to upper extremity claims. It returned the claim for further development and a new decision…
Wayne J. Griffin Electric, Inc.
Electrical contact violations affirmed
Wayne J. Griffin Electric installed replacement substations during a large electrical upgrade at a New Hampshire office complex. An electrician was seriously injured when his face contacted an energized bus bar while he worked inside a switchgear compartment believed to be de-energized. The judge…
P.P. and U.S. Postal Service, Post Office, Cleveland, OH
P.P. (ECAB 17-0483): Arm and wrist condition claim denied
P.P., a postal automobile mechanic, attributed arm and wrist conditions to repetitive work. The Board found that the medical evidence did not adequately explain how his duties caused bilateral elbow tendon conditions and a right wrist condition. It upheld OWCP’s denial of the claim.
Veteran National Transportation, LLC
Veteran National Transportation (DOL ARB 2017-0043): Early wage appeal dismissed
Veteran National Transportation asked the Board to review a notice concerning withheld funds on a federal service contract. The notice said the Department of Labor was still investigating alleged prevailing wage violations and would begin administrative procedures before distributing the withheld…
J.J. and Architect of the Capitol, Capitol Visitor Center, Washington, DC
J.J. (ECAB 17-0825): Attorney fee request returned for proper review
J.J., a Capitol Visitor Center employee, objected to a $2,969 fee sought by her attorney for work on her compensation claim. OWCP denied the fee based on her objection without evaluating the regulatory factors for a reasonable fee. The Board found that the fee request required that analysis and…
L.W. and Department of the Army, Fort Sill, OK
L.W. (ECAB 17-0668): Long distance medical travel reimbursement denied
L.W., an Army employee, requested mileage reimbursement for medical trips exceeding 100 miles round trip. The Board found that OWCP acted within its discretion in denying the requests under its travel rules. It upheld the reimbursement decision.
J.J. and U.S. Postal Service, Post Office, Cleveland, OH
J.J. (ECAB 17-0614): Reconsideration denial upheld
J.J., a postal mail handler, sought further review after OWCP denied a claimed recurrence of disability. Her later allegations involved additional work duties that OWCP treated as a new occupational disease claim. The Board found that her reconsideration request did not meet the requirements for a…
T.V. and U.S. Postal Service, Post Office, Bakersfield, CA
T.V. (ECAB 17-0581): Knee condition recurrence denied
T.V., a postal employee, sought medical care for a right knee condition years after an accepted knee sprain. The Board found that she did not establish that her condition in December 2015 was caused by the earlier work injury. It upheld OWCP’s denial of the medical recurrence claim.
H.R. and U.S. Postal Service, Post Office, Santa Ana, CA
H.R. (ECAB 17-0470): Carpal tunnel claim reopened for merits review
H.R., a postal mail processing clerk, sought reconsideration of a denied hand and wrist condition claim. She submitted a physician’s report addressing her bilateral carpal tunnel syndrome and work duties. The Board found that OWCP should have reopened the claim for a merits review. It returned the…
F.H. and Department of Homeland Security, Customs & Border Protection, Honolulu, HI
F.H. (ECAB 17-0312): Arm impairment claim returned for consistent rating
F.H., a Customs and Border Protection employee, sought a schedule award above a two percent right arm impairment rating. The Board found that OWCP had applied the impairment guides inconsistently when choosing methods to rate arm conditions. It returned the claim for further development and a new…
J.P. and Department of the Navy, Army National Guard, Austin, TX
J.P. (ECAB 17-0738): Groin injury claim denied
J.P., a logistics management specialist, claimed groin pain after moving a printer between shelves at work. The Board accepted the work activity but found that the medical evidence did not establish a diagnosed injury caused or aggravated by it. It upheld OWCP’s denial of the claim.
A.W. and U.S. Postal Service, Post Office, Jackson, MS
A.W. (ECAB 17-0647): Claimed back and knee injury denied
A.W., a postal letter carrier, claimed back and knee injuries while delivering mail. The Board found conflicting accounts of how the incident occurred in her claim and medical records. Those inconsistencies prevented her from establishing the claimed work incident as alleged. It upheld OWCP’s…
A.T. and Tennessee Valley Authority, Shawnee Fossil Plant, Paducah, KY
A.T. (ECAB 17-0542): Late reconsideration request denied
A.T., a Tennessee Valley Authority employee, sought reconsideration of an earlier compensation decision. The Board found that the request was untimely and that the submitted medical report did not demonstrate clear evidence of error. It upheld OWCP’s refusal to reopen the claim.
B.D. and National Oceanic & Atmospheric Administration, National Fisheries Service, Alaskan Observers, Inc., Seattle, WA
B.D. (ECAB 17-0402): Arm condition and reconsideration denials upheld
B.D., a fishery observer, claimed a right arm blood clot condition after heavy lifting aboard a vessel. The Board found that the medical evidence did not establish that the accepted work activity caused the condition. It also found no basis requiring OWCP to reopen the merits on reconsideration. It…
K.W. and U.S. Postal Service, Processing & Distrubution Center, Brooklyn, NY
K.W. (ECAB 17-0205): Mail casing injury claim denied
K.W., a postal mail processing clerk, reported back, neck, and shoulder symptoms after casing mail. The Board accepted that the work activity occurred but found that the medical evidence did not establish an injury caused by it. It upheld OWCP’s denial of the claim.
G.B. and U.S. Postal Service, Oak Street Post Office, Kissimmee, FL
G.B. (ECAB 17-0002): Wage capacity modification denied
G.B., a postal employee, sought to change an earlier finding that earnings in a private receptionist job represented her wage earning capacity. She requested total disability compensation after a later accident outside that job. The Board found that she had not met the standard for modifying the…
Secretary of Labor v. Bundy Auger Mining, Inc.
Amended highwall settlement approved for $4,410
Bundy Auger Mining faced two section 104(d)(1) enforcement actions involving an unsafe highwall condition and inadequate working-area examinations. Judge William B. Moran had rejected an initial settlement that reduced both specially assessed penalties by 30 percent because its supporting…
J.M. and Department of the Army, Fort Drum, Civilian Personnel Advisory Center, Fort Drum, NY
J.M. (ECAB 17-0785): Back injury claim denied
J.M., an Army employee, reported back symptoms after turning to replace a light at work. The Board accepted the incident and noted diagnosed lumbar conditions. It found that the medical evidence did not adequately explain how the incident caused or aggravated those conditions. It upheld OWCP’s…
P.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Washington, DC
P.M. (ECAB 17-0692): Reconsideration denial upheld
P.M., a VA employee, sought reconsideration of a denied injury claim. The Board found that her new submission did not address whether the diagnosed strains were caused by the work incident. It upheld OWCP’s refusal to review the merits again.
J.G. and Department of the Army, Military Entrance Processing Station, Forest Park, GA
J.G. (ECAB 17-0433): Thumb injury claim denied
J.G., an Army employee, claimed a right thumb injury from an accepted work incident. The Board found that she had not submitted a physician’s diagnosis and opinion linking a thumb condition to the incident. It upheld OWCP’s denial of the claim.
P.D. and U.S. Postal Service, Post Office, Plainview, NY
P.D. (ECAB 17-0289): Coccyx injury claim denied
P.D., a postal city carrier, claimed a fractured coccyx after a fall at work. OWCP accepted that the work incident occurred. The Board found that the medical evidence did not sufficiently connect the claimed injury to the incident. It upheld OWCP’s denial of the claim.
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.