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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
P.W. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
P.W. (ECAB 17-0154): Disability period claim denied
P.W., a postal mail handler, sought wage loss compensation from April 4, 2012 through May 1, 2015 for accepted lumbar conditions. The Board found that the medical evidence did not establish that those conditions caused disability throughout the claimed period. It upheld OWCP’s denial.
M.P. and U.S. Postal Service, Post Office, New Orleans, LA
M.P. (ECAB 17-0046): Overpayment hearing request denied
M.P., a postal employee, requested a hearing on a preliminary compensation overpayment. OWCP received the request well after the 30 day period stated in its notice. The Board found that OWCP properly denied the late hearing request.
K.T. and U.S. Postal Service, Post Office, Morriston, FL
K.T. (ECAB 16-0975): Termination for refusing work reversed
K.T., a postal employee, declined a rural carrier position offered after accepted back and neck conditions. OWCP terminated wage loss and schedule award benefits for refusing suitable work. The Board found that OWCP had not assessed restrictions from later cervical conditions before deciding the…
Secretary of Labor v. Thompson Electric, Inc.
Onsite electrician covered, Part 46 citations vacated
Thompson Electric worked six days at a sand-and-gravel mine disconnecting and reconnecting power to a dredge, and one employee was observed about 13 feet above ground without fall protection. Judge Jerold Feldman held that the contractor was subject to Mine Act jurisdiction because it performed…
S.J. and U.S. Postal Service, Lenox Hill Station, New York, NY
S.J. (ECAB 17-0685): Elbow and back injury claim denied
S.J., a postal employee, claimed left elbow and back injuries after an accepted work incident. The Board found that her medical submissions identified conditions but did not adequately explain how the incident caused them. It upheld OWCP’s denial of the claim.
P.S. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
P.S. (ECAB 17-0590): Back injury claim denied
P.S., a postal mail handler, attributed a back condition to lifting at work. The Board reviewed additional medical evidence submitted after an earlier appeal. It found that the evidence still did not establish a work related back injury. It upheld OWCP’s decisions.
W.C. and U.S. Postal Service, Post Service, Philadelphia, PA
W.C. (ECAB 17-0420): Late hearing request denied
W.C., a postal employee, requested a telephone hearing after OWCP denied an injury claim. He mailed the request more than 30 days after the claim decision. The Board found that the request was untimely and upheld OWCP’s denial.
D.M. and Department of Homeland Security, Customs & Border Protection, Edinburg, TX
D.M. (ECAB 17-0038): Eye impairment claim reopened
D.M., a border patrol agent, sought reconsideration of a 15 percent left eye schedule award after an accepted injury. He submitted a new ophthalmologist’s report about his condition. The Board found that the report was relevant evidence requiring OWCP to reopen the merits. It returned the claim for…
S.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
S.R. (ECAB 16-1790): Back claim and wage capacity challenge denied
S.R., a VA employee, sought to establish a back condition related to her work and to modify an earlier wage earning capacity determination. The Board found that the evidence did not establish that work caused the claimed back condition. It also found no basis to modify the wage capacity decision…
United States Department of Transportation, Federal Aviation Administration, Mike Monroney Aeronautical Center (Agency) and Professional Association of Aeronautical Center Employees (Union)
FAA Mike Monroney Aeronautical Center and PAACE (FLRA 0-AR-5268): Pay-retention remedy upheld
An FAA employee with longstanding pay-retention protection accepted a three-year instructor assignment after receiving a required briefing about his return rights. When he returned to a field position, his base pay was lower. An arbitrator found that the FAA had not fully counseled him about the…
United States Department of Veterans Affairs, VA St. Louis Healthcare System, St. Louis, Missouri (Agency) and American Federation of Government Employees, AFL-CIO (Petitioner/Union)
VA St. Louis and AFGE (FLRA CH-RP-16-0022): Six HR assistants included in unit
AFGE asked the FLRA to clarify whether six human-resources assistants at the VA St. Louis Healthcare System belonged in its bargaining unit. A regional director found that their recruiting, onboarding, coding, and administrative duties followed standardized rules and did not require the independent…
R.V. and Department of the Army, Fort Bliss TX
R.V. (ECAB 17-0731): Leg impairment ratings upheld
R.V., an Army employee, sought higher permanent leg impairment awards. The Board found that the evidence did not establish more than 12 percent impairment of the left leg and one percent of the right leg. It upheld OWCP’s ratings.
D.B. and Department of the Air Force, Tinker Air Force Base, OK
D.B. (ECAB 17-0515): Skin impairment claim returned for review
D.B., an Air Force employee, sought a schedule award for permanent impairment from accepted work injuries. OWCP denied the award in part by stating that no skin condition had been accepted. The Board found that scar and skin fibrosis conditions were accepted and required evaluation for a possible…
D.F. and U.S. Postal Service, Post Office, Indianapolis, IN
D.F. (ECAB 17-0482): Hotel and meal reimbursement denied
D.F., a postal employee, sought reimbursement for an overnight hotel stay and meals connected to an OWCP medical examination. The Board found that OWCP acted within its discretion in denying those expenses. It upheld the reimbursement decision.
B.W. and U.S. Postal Service, Post Office, Memphis, TN
B.W. (ECAB 17-0366): Late reconsideration request denied
B.W., a postal employee, sought another review of a long standing suitable work decision. The Board found that the request was filed more than one year after the last merits decision and did not show clear evidence of error. It upheld OWCP’s denial of reconsideration.
B.F. and Department of Veterans Affairs, Veterans Health Administration, Gainesville, FL
B.F. (ECAB 17-0317): Overpayment finding returned for evidence and explanation
B.F., a VA nurse, challenged a $4,231.61 compensation overpayment and a finding that she was at fault. The Board found that OWCP had not obtained necessary retirement benefit records or explained its calculation and fault finding. It returned the case for further evidence and a new decision.
M.L. and U.S. Postal Service, Post Office, Greensboro, NC
M.L. (ECAB 16-0789): Compensation reduction and hearing denial upheld
M.L., a postal employee, challenged a compensation reduction imposed after OWCP found he had failed without good cause to participate in vocational rehabilitation. The Board found that OWCP properly calculated the wage earning capacity he would have had if he had continued participating. It also…
Solares Electrical Services, Inc.
Arc-flash PPE and insulated-tool citations vacated
Solares Electrical Services updated an energy-monitoring system at a Miami hospital where an electrician was burned by an arc flash after entering an energized transfer-switch cabinet. The employee first caused a spark and fire alarm, was told by his foreman to wait, but reentered the locked work…
D.I. and U.S. Postal Service, Post Office, South Suburban General Mail Facility, Bedford Park, IL
D.I. (ECAB 16-0363): Wage capacity modification denied
D.I., a postal mail handler, sought to change an earlier determination based on earnings in a modified position. The Board found that she had not established a basis for modifying the existing wage earning capacity finding. It upheld OWCP’s decision.
Secretary of Labor v. Big Ridge, Inc.
Typo corrected in remand penalty footnote
Judge Jerold Feldman corrected one word in a footnote to the previous day's decision on remand. The correction replaced “not” with “now,” clarifying that the parties had agreed to a $1,795 penalty for Citation No. 6674618 in Docket No. LAKE 2009-57. The corrected footnote also stated that Big Ridge…
R.F. and Department of the Navy, Public Works Center, San Diego, CA
R.F. (ECAB 17-0739): Wage-earning capacity request sent back under correct standard
A former Navy worker’s compensation had been reduced based on wages she earned helping an elderly neighbor. After he died and those payments stopped, she asked OWCP to review the reduction. OWCP treated her request as a late reconsideration and demanded clear evidence of error. The Board held that…
F.L. and Department of Veterans Affairs, Veterans Administration Medical Center, St. Louis, MO
F.L. (ECAB 17-0528): Public-sidewalk injury denial affirmed
A Veterans Affairs employee was injured while walking toward work before her shift began. The sidewalk belonged to the State of Missouri, and the employer did not own, operate, or control it. The Board found that she was commuting and that the recognized exceptions to the usual commuting rule did…
R.M. and U.S. Postal Service, Post Office, Melville, NY
R.M. (ECAB 17-0473): Reconsideration request timely on one-year anniversary
A postal employee sought reconsideration of a March 31, 2015 merit denial. OWCP received his request on March 31, 2016 but treated it as one day late and applied the stricter clear-evidence-of-error test. The Board held that receipt exactly one year after the decision was timely. It directed OWCP…
D.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Tuscaloosa, AL
D.D. (ECAB 17-0466): Emotional-condition claim denial affirmed
A Veterans Affairs medical support assistant alleged that coworkers and managers harassed her and worsened preexisting post-traumatic stress disorder. OWCP accepted that a manager introduced himself and that she requested reassignment, but found no compensable work factor. The Board found no…
S.J. and U.S. Postal Service, Processing and Distribution Center, Kearny, NJ
S.J. (ECAB 17-0170): Right shoulder injury claim denial affirmed
A postal mail handler reported shoulder pain after lifting mail sacks at work. Her orthopedist discussed a separate earlier forklift injury and later said the sack-lifting incident aggravated the shoulder, but gave no reasoned explanation of how it did so or whether the aggravation was temporary…
G.L. and U.S. Postal Service, Post Office, Portland, OR
G.L. (ECAB 17-0013): Parking-lot fall claim returned for fact development
A postal retail clerk fractured her wrist after clocking out and falling beside her car in a customer parking lot. The Postal Service argued that employees were barred from parking there and that she was outside the performance of duty. The Board found the record incomplete on whether she knew of…
S.R. and U.S. Postal Service, Escondido Postal Store, Escondido, CA
S.R. (ECAB 16-1832): Wage-loss termination affirmed
A postal passport clerk had several accepted conditions from workplace injuries and received wage-loss compensation. OWCP ended those payments after medical review found that she could work. The Board accepted the medical opinion supporting termination, including the opinion of an orthopedic…
R.J. and Department of Veterans Affairs, North Texas Health Care System, Dallas, TX
R.J. (ECAB 16-1283): Late reconsideration denial affirmed
A Veterans Affairs medical support assistant had an accepted right carpal tunnel syndrome claim. After OWCP ended wage-loss benefits, he sought reconsideration more than one year after the termination decision. He submitted further medical reports and challenged the selection of an impartial…
Secretary of Labor v. Big Ridge, Inc.
$1,795 safeguard penalty ordered on remand
An earlier ALJ had vacated Citation No. 6674618 after finding that its underlying safeguard did not give Big Ridge adequate notice. The Commission reinstated the safeguard and remanded the case for assessment of a penalty. On remand, Big Ridge withdrew its contest and agreed to pay the Secretary's…
Secretary of Labor v. Nally & Hamilton Enterprises, Inc.
Steep haul-road violation affirmed with lower negligence
MSHA cited Nally & Hamilton after an inspector measured a coal haul road at a 25 percent grade where the mine's ground-control plan allowed no more than 15 percent. Judge David P. Simonton held that section 77.1000 authorized MSHA to enforce the plan's haul-road provisions and credited evidence…
V.P. and U.S. Postal Service, Vehicle Maintenance Facility, White Plains, NY
V.P. (ECAB 17-0752): Right knee causal relationship not established
A postal vehicle technician reported right knee pain after stepping out of a vehicle at work. The incident and a knee diagnosis were accepted as facts, but the causal connection remained in dispute. A physician reviewed imaging and medical literature, then attributed the knee conditions to the…
G.S. and U.S. Postal Service, Post Office, Scranton, PA
G.S. (ECAB 17-0498): Right leg impairment rating returned for examination
A postal letter carrier with a right knee injury had received schedule awards totaling 21 percent impairment of his right leg. His examining physician later rated 71 percent, but an OWCP medical adviser rejected those findings as inconsistent without examining him. The Board held that the adviser…
A.M. and U.S. Postal Service, Post Office, Washington, DC
A.M. (ECAB 17-0192): Emotional-condition claim denial affirmed
A postal distribution clerk alleged stress from supervisor interactions, a removal notice, and incidents involving inspectors and local police. The Board found the alleged verbal abuse insufficiently supported and the cited personnel actions did not become compensable without evidence of error or…
D.F. and U.S. Postal Service, Post Office, Pittsburgh, PA
D.F. (ECAB 17-0135): Right shoulder occupational claim denial affirmed
A postal tractor trailer operator attributed right shoulder problems to repeated use of his arm at work. OWCP accepted that he performed repetitive upper-extremity activities. His physicians diagnosed shoulder conditions, but their reports did not adequately describe the work duties or explain a…
N.W. and Department of Transportation, Federal Aviation Administration, Jacksonville, FL
N.W. (ECAB 16-1890): Termination of wage-loss and medical benefits reversed
An air traffic controller developed accepted conditions after exposure to fumes from roofing work. OWCP terminated wage-loss and medical benefits after relying on a physician it treated as impartial. The Board found that the physician had not properly been designated impartial and that another…
J.C. and Small Business Administration, Office of Disaster Assistance, Herndon, VA
J.C. (ECAB 16-1200): Recurrence of disability claim denied
A Small Business Administration seasonal worker injured her neck and back in a motor vehicle accident during work travel. She later sought wage-loss compensation for a period after being placed on nonpay status. The Board found that her doctor reported inability to work but did not explain how the…
T.S. and U.S. Postal Service, Post Office, Greenville, NC
T.S. (ECAB 15-1954): Additional wage-loss claim denied
A postal rural carrier had accepted conditions affecting both hands. She sought compensation for three hours a day when she said her left carpal tunnel syndrome kept her from a limited-duty assignment designed around her right hand restrictions. The Board found that the medical reports did not…
Secretary of Labor v. Seminole Coal Resources, LLC
Roof-control settlement approved at $3,737
MSHA cited Seminole Coal Resources for an alleged violation of its roof-control plan involving reflectors and possible travel inby unsupported roof. The operator contended that its foreman found no problem, that four reflectors had been installed as required, and that no one was reasonably likely…
Secretary of Labor v. Pinto Valley Mining Corp.
Unsupported berm and hose settlement denied
Pinto Valley and the Secretary proposed settling four citations, with two paid as assessed and two receiving reduced gravity findings and penalties. One disputed citation concerned a missing berm beside a road with a 40-to-50-foot rollover exposure, and the other concerned a water hose near a…
Matter of Bright Idada FALODUN
A fraudulent certificate of citizenship can be cancelled administratively
The Board reviewed a respondent's appeal from the denial of his motion to terminate removal proceedings and the order requiring his removal. The respondent, a native and citizen of Nigeria, claimed United States citizenship based on a Certificate of Citizenship issued through an alleged adoptive…
R.T. and U.S. Postal Service, Post Office, Stone Mountain, GA
R.T. (ECAB 17-0611): Neck and back injury claim denial affirmed
A postal carrier reported neck and back pain after a vehicle collision during mail delivery. OWCP accepted that the collision occurred. A physician diagnosed spinal conditions and described increased symptoms, but did not explain how the collision caused or aggravated them in light of a prior…
R.B. and Department of Veterans Affairs, West Los Angeles Veterans Administration Medical Center, Los Angeles, CA
R.B. (ECAB 17-0556): Left knee disability recurrence denied
A Veterans Affairs employee had an accepted left knee sprain and sought compensation for a later period of total disability. His physician described aggravation of preexisting osteoarthritis as possible and later said the injury likely increased pain. The Board found that these opinions did not…
E.S. and U.S. Postal Service, Post Office, Dayton, OH
E.S. (ECAB 17-0204): Emotional-condition claim denial affirmed
A postal mail carrier assigned to light duty as a telemarketer claimed an emotional condition from the work. Making assigned telephone calls was a compensable work factor, but frustration with indoor work or a different job assignment was not. His physician offered several diagnoses without…
D.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Dayton, OH
D.S. (ECAB 17-0126): Right arm impairment rating remanded
A Veterans Affairs employee appealed a schedule award decision that did not grant more than 13 percent permanent impairment of her right arm. The Board found that OWCP physicians had inconsistently used diagnosis based and range of motion methods to rate upper extremity impairment. It directed OWCP…
A.H. and Department of the Navy, Naval Facilities, Pearl City, HI
A.H. (ECAB 16-1824): Recurrence of total disability not established
A Navy wastewater treatment operator injured his lower back while moving a locker. OWCP accepted a lumbar sprain, and he later returned to full-time light duty. He claimed a recurrence of total disability starting July 10, 2015. The doctor who declared him totally disabled had found limited work…
United States Department of the Navy, Commander, Navy Region Northwest, Fire and Emergency Services, Silverdale, Washington (Agency) and International Association of Fire Fighters, Local F-282, AFL-CIO (Petitioner/Exclusive Representative)
Navy Region Northwest and IAFF Local F-282 (FLRA SF-RP-15-0042): Fire captains excluded as confidential employees
IAFF Local F-282 asked the FLRA to clarify the bargaining-unit status of Navy Region Northwest fire captains and an assistant training chief. A regional director found that the captains did not spend most of their work time exercising supervisory authority, but excluded them because they attended…
Matter of Enrique ALDAY-DOMINGUEZ
Receipt of stolen property need not involve common-law theft
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's termination of removal proceedings against a lawful permanent resident of Mexico. The respondent had a California conviction for receiving stolen property and a 16-month prison sentence. The Board held that…
J.E. and U.S. Postal Service, Post Office, Woodville, WI
J.E. (ECAB 17-0683): Further reconsideration denied
A postal employee requested reconsideration after the Board had affirmed denial of a left shoulder injury claim. She resubmitted a physician report that OWCP and the Board had already considered. The Board found no new relevant evidence, legal argument, or identified error in the application of law…
D.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Washington, DC
D.C. (ECAB 17-0680): Left carpal tunnel claim denial affirmed
A Veterans Affairs food service worker attributed left carpal tunnel syndrome to lifting, stocking, food preparation, and cleaning duties. Testing confirmed mild carpal tunnel syndrome, but did not identify its cause. Her physician described symptoms with repetitive activity without explaining how…
K.M. and U.S. Postal Service, Post Office, Patchogue, NY
K.M. (ECAB 17-0437): Right knee injury claim denial affirmed
A postal processing clerk reported knee pain while lifting a heavy box of books. OWCP accepted that the incident occurred. A physician said she likely had an exacerbation of existing arthritis but did not explain how the lifting caused or aggravated a diagnosed knee condition. The Board found the…
T.F. and U.S. Postal Service, Post Office, Verona, PA
T.F. (ECAB 17-0429): Walking-related leg claim denial affirmed
A postal city carrier assistant attributed foot and leg conditions to walking on the job. OWCP accepted that the job involved walking. Her physician diagnosed conditions and attributed aggravation to work, but did not accurately explain her short work history, duties, or the effects of preexisting…
T.W. and U.S. Postal Service, Post Office, Cheyenne, WY
T.W. (ECAB 17-0394): Right arm award returned for complete record
A postal employee sought an additional schedule award for his right arm after an earlier 23 percent rating. The appeal record did not contain the prior award decision or all medical evidence behind that rating. The Board directed OWCP to combine the relevant case files and issue a new decision. It…
M.M. and U.S. Postal Service, Post Office, Centerville, IA
M.M. (ECAB 17-0183): Late reconsideration request denied
A postal clerk sought to expand an accepted injury claim to include a left hip condition. Her reconsideration request arrived more than one year after the pertinent OWCP merit decision. She submitted medical reports and challenged the earlier denial, but the Board found that the evidence did not…
R.J. and Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, NY
R.J. (ECAB 16-1861): Intermittent disability recurrence not established
A Bureau of Prisons specialist had an accepted left foot and ankle injury and later worked in a modified position. He sought wage-loss compensation for periods around later foot surgeries while also reporting self-employment. The Board found that the record did not establish his earnings…
D.R. and U.S. Postal Service, Bulk Mail Center, Seattle, WA
D.R. (ECAB 16-1280): Reconsideration denials affirmed
A former postal worker sought reconsideration of decisions denying a recurrence claim after his light-duty assignment ended. His counsel argued that OWCP had focused on changes at the wrong postal facility. The Board found no legal basis for that argument and no pertinent new evidence that required…
C.P. and Department of Homeland Security, U.S. Customs & Border Protection, Newark, NJ
C.P. (ECAB 16-0511): Rehabilitation noncooperation reduction affirmed
A Customs and Border Protection employee had accepted left shoulder injuries and permanent work restrictions. OWCP referred him for vocational rehabilitation, but he missed a functional capacity evaluation and would consider only work with his former employer or self-employment. The Board found…
Hensel Phelps Construction Co.
Original controlling-employer trench citation vacated
Hensel Phelps was the general contractor for an Austin library project where a subcontractor's employees worked beside an unprotected excavation wall more than 12 feet deep. The stipulated record established the trench violation, Hensel Phelps's control over site safety, its knowledge of the…
Secretary of Labor v. Bussen Quarries, Inc.
2-2 split leaves highwall fall citation standing
A lead blaster moved a pump cart near the unmarked edge of a 70-foot limestone highwall without using fall protection. The ALJ inferred from the cart's position and handle direction that he had worked within several feet of the edge, and she affirmed the citation as S&S and highly negligent…
Seguin v. Northrup Grumman Systems Corp.
Seguin v. Northrup Grumman Systems (DOL ARB 2016-0014): Fee award upheld
Crisell Seguin prevailed on a Sarbanes Oxley whistleblower complaint against Northrup Grumman Systems and received an award of attorney fees and costs. The company challenged the judge's fee award, including charges for a lawyer's work before he formally appeared and entries it considered…
Wal-Mart Stores East, LP, d/b/a Walmart Distribution Center #7035
Hepatitis B vaccination violations affirmed
Walmart operated a volunteer Serious Injury Response Team at a Florida distribution center to provide first aid until emergency medical personnel arrived. Because team members could contact blood while treating injured employees, the judge found that they had occupational exposure to bloodborne…
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.