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.
D.M. and U.S. Postal Service, Salt Lake City Post Office
D.M. (ECAB 16-1748): Disability compensation denial upheld
D.M., a postal employee, sought disability compensation for January 2 through April 10, 2016. The Board found that his medical reports did not identify a supported period of disability caused by his accepted conditions. It affirmed OWCP’s denial of wage-loss compensation for that period.
C.N. and Department of Veterans Affairs, Dallas VA Medical Center
C.N. (ECAB 16-1637): Impairment dispute sent for impartial review
C.N., a Veterans Affairs employee, sought a schedule award for impairment attributed to accepted spinal conditions. Her physician and an OWCP physician reached conflicting conclusions about whether she had ratable extremity impairment. The Board found an unresolved medical conflict and sent the…
J.K. and Department of the Army, Letterkenny Army Depot
J.K. (ECAB 16-1361): Arm impairment awards sent back
J.K., an Army depot employee, sought additional permanent impairment awards for both arms. OWCP denied them because earlier awards had assigned higher impairment percentages. The Board found that OWCP had not explained whether the current impairments duplicated those earlier awards, and its medical…
G.P. and Department of Homeland Security, Transportation Security Administration
G.P. (ECAB 16-1313): Injury denial upheld on modified grounds
G.P., a Transportation Security Administration employee, claimed an injury after a fall during a work break. The Board found inconsistencies about when and how the fall occurred and no response to OWCP’s request for details about his break activities. It concluded that he had not established an…
K.S. and U.S. Postal Service, Portland Post Office
K.S. (ECAB 15-1082): Schedule award claim denied
K.S., a postal employee, sought a schedule award for permanent impairment from accepted work injuries. The Board reviewed several medical opinions but found that none established a ratable impairment of a covered body member under the applicable guides. It affirmed OWCP’s denial of the award.
Robert C. Hall v. GMS Mine Repair & Maintenance, Inc.
Miner voluntarily dismissed discrimination case
Robert C. Hall alleged that GMS Mine Repair & Maintenance failed to rehire him after a company layoff because he disagreed with management about two explosive products. Before the scheduled hearing, Hall asked to dismiss the Mine Act discrimination case without prejudice so he could pursue related…
L.M. and Department of Veterans Affairs, Cleveland VA Medical Center
L.M. (ECAB 17-0532): Neck and arm injury claim denied
L.M., a Veterans Affairs employee, claimed neck and left arm conditions caused by her federal work. The Board found that her medical reports did not provide a reasoned explanation connecting the diagnosed conditions to the identified work factors. It affirmed OWCP’s denial of the occupational…
B.I. and U.S. Postal Service, Cincinnati Processing and Distribution Center
B.I. (ECAB 17-0036): Left arm impairment award sent back
B.I., a postal employee, sought more than a one percent permanent impairment award for her left arm. The Board found that OWCP had not used a consistent method for rating upper extremity impairment. It set aside the decision and returned the schedule award claim for a uniform method and a new…
L.G. and U.S. Postal Service, Greensboro Post Office
L.G. (ECAB 17-0004): Compensation reduction reversed for lack of notice
L.G., a postal employee, challenged a wage-earning capacity reduction based on a hospital admitting clerk position and an associated overpayment decision. The Board found that OWCP had not provided proper notice of the reduction because the notice was returned as undeliverable. It found the October…
R.R. and Department of Veterans Affairs, Tucson VA Medical Center
R.R. (ECAB 16-1901): Left shoulder claim denial upheld
R.R., a Veterans Affairs employee, sought compensation for a left shoulder condition after an accepted March 2013 workplace incident. The Board found that the medical reports did not adequately explain how the incident caused or aggravated the shoulder condition. It affirmed OWCP’s denial.
K.S. and Department of the Air Force, Minnesota Air National Guard
K.S. (ECAB 16-1720): Late reconsideration request rejected
K.S., an Air National Guard employee, requested reconsideration of an earlier compensation reduction based on wage-earning capacity. The Board found that the request was untimely and that the new details and arguments did not show clear evidence of error in OWCP’s prior decision. It affirmed the…
W.C. and U.S. Postal Service, San Francisco Post Office
W.C. (ECAB 16-1212): Reconsideration denial upheld
W.C., a postal employee, asked OWCP to reconsider earlier claim decisions. The Board could review only the refusal to reopen the claims, not the older merits decisions. It found that one letter repeated evidence OWCP had already considered, while the other medical reports did not address disability…
I.C. and Department of Homeland Security, Transportation Security Administration
I.C. (ECAB 16-1062): Compensation and medical benefit termination upheld
I.C., a Transportation Security Administration employee, challenged the termination of wage-loss compensation and medical benefits for an accepted lower back sprain. The Board gave weight to an impartial medical examiner’s opinion that the accepted condition had resolved. It also found that I.C…
Martin Mechanical Contractors, Inc.
Willful skylight fall protection violation affirmed
Martin Mechanical Contractors sent a three-person crew to replace rooftop HVAC equipment at a Georgia warehouse. The roof had eight unguarded skylights, and no crew member used a personal fall arrest system or other protection. One employee fell about 15 feet through a skylight and died from his…
A.C. Castle Construction Co., Inc. / Daryl J. Provencher, d/b/a Provencher Home Improvement
Roofing violations yield $173,500 in penalties
A.C. Castle Construction contracted with homeowners for roofing work and assigned projects to Provencher Home Improvement. At a Massachusetts house, at least two roofers fell about 20 feet after a wooden scaffold plank snapped, and OSHA cited scaffold, ladder, training, anchorage, and fall…
D.V. and Department of the Navy, Naval Air Systems Command
D.V. (ECAB 16-1853): Exposure and hearing loss claims sent back
D.V., a Navy employee, claimed several conditions from workplace heavy metal exposure and hearing loss from workplace noise. The Board found that OWCP’s medical examiner gave conclusions about the exposure claim without adequate reasoning. It also found that OWCP had not separately developed the…
L.M. and U.S. Postal Service, Belleville Post Office
L.M. (ECAB 16-1817): Right arm impairment award sent back
L.M., a postal employee, sought more than the five percent permanent impairment award she had received for her right arm. The Board found that OWCP had not applied a consistent method for rating upper extremity impairment. It set aside the decision and returned the claim for a uniform method and a…
T.G. and U.S. Postal Service, Los Angeles Post Office
T.G. (ECAB 16-1741): Additional leg impairment award denied
T.G., a postal employee, sought a higher schedule award for permanent impairment of her right leg. She had already received an award for ten percent impairment. A later physician rated impairment at five percent, which did not support an additional award. The Board affirmed the denial.
J.B. and U.S. Postal Service, Moncks Corner Post Office
J.B. (ECAB 16-1466): Injury claim denial upheld
J.B., a postal employee, sought compensation for an injury after an accepted March 2016 workplace incident. The Board found that the medical reports did not adequately explain how the incident caused a diagnosed condition. It affirmed OWCP’s denial of the claim.
B.C. and U.S. Postal Service, Chicago Post Office
B.C. (ECAB 16-1404): Late reconsideration request rejected
B.C., a postal employee, asked OWCP to reconsider an older termination of compensation and medical benefits. The Board lacked jurisdiction to review the merits on this appeal. It found that the reconsideration request was untimely and did not show clear evidence of error in the prior decision. The…
A.V. and U.S. Postal Service, Monroe Post Office
A.V. (ECAB 16-1370): Back injury files returned for combined review
A.V., a postal employee, reported new back pain while lifting parcels after an earlier accepted lumbar injury. Medical reports discussed both the earlier injury and the new incident. The Board directed OWCP to combine the related claim files and develop the evidence on whether the condition…
American Federation of Government Employees, Local 2302 (Union) and United States Department of the Army, U.S. Army Human Resources Command (Agency)
AFGE Local 2302 and Army Human Resources Command (FLRA 0-AR-5259): Union exceptions denied
AFGE Local 2302 filed exceptions to an arbitration award involving the Army Human Resources Command. The Authority issued an expedited, abbreviated decision that does not describe the underlying grievance or the arbitrator's result. It denied the union's claim that the award failed to draw its…
Matter of Jing WU
California aggravated assault is a crime involving moral turpitude
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a Chinese lawful permanent resident convicted in California of assault with a deadly weapon or force likely to cause great bodily injury. The Board held that the offense categorically involves moral…
D.F. and U.S. Postal Service, Dallas Processing and Distribution Center
D.F. (ECAB 17-0295): Right arm impairment award sent back
D.F., a postal employee, sought more than the seven percent permanent impairment award he had received for his right arm. The Board found that OWCP had not consistently applied its upper extremity impairment rating methods. It set aside the decision and returned the claim for a uniform method and a…
G.C. and U.S. Postal Service, Eastman Post Office
G.C. (ECAB 17-0140): Light-duty compensation reduction upheld
G.C., a postal employee, challenged a compensation reduction based on earnings she would have received in a temporary light-duty assignment. The Board found that OWCP complied with the procedural requirements and properly calculated compensation after she declined the assignment. It affirmed the…
D.T. and Department of Homeland Security, Immigration and Customs Enforcement
D.T. (ECAB 17-0102): Right leg schedule award denied
D.T., an Immigration and Customs Enforcement employee, sought a schedule award for his right leg. The Board found that he had not supplied a supported permanent impairment rating for the accepted condition. It affirmed OWCP’s denial of the award.
P.C. and U.S. Postal Service, Kearny Post Office
P.C. (ECAB 17-0082): Hernia claim denied on modified grounds
P.C., a postal employee, reported a hernia after lifting at work. The Board found that the evidence established his work duties and the reported incident, contrary to OWCP’s factual finding. It found, however, that the medical evidence did not adequately connect the diagnosed hernias to those…
A.N. and Department of Veterans Affairs, Albany VA Medical Center
A.N. (ECAB 17-0061): Cervical radiculopathy claim denied
A.N., a Veterans Affairs employee, sought compensation for cervical radiculopathy after an accepted June 2016 workplace incident. The Board found that her medical reports did not adequately explain how the incident caused or aggravated that condition. It affirmed OWCP’s denial.
D.C. and Department of Veterans Affairs, Gainesville VA Medical Center
D.C. (ECAB 16-1665): Compensation termination for refused work upheld
D.C., a Veterans Affairs employee, challenged the termination of wage-loss benefits after refusing an offer of suitable work. The Board found that OWCP had properly offered work within her medical restrictions and that she did not establish a valid reason for refusing it. It affirmed the…
M.P. and U.S. Postal Service, Dallas Processing and Distribution Center
M.P. (ECAB 15-1558): Bilateral arm awards sent back
M.P., a postal employee, sought more than the 14 percent permanent impairment award he had received for each arm. The Board found that OWCP had not applied a consistent method for rating upper extremity impairment. It set aside the decision and sent the claims back for a uniform method and a new…
Secretary of Labor v. Wm. J. Clark Trucking Service, Inc.
Timely response nullified default order
Wm. J. Clark Trucking asked to reopen two penalty assessments that it believed had become final. The Commission found that most of the underlying matters had already been properly contested, settled, and disposed, making reopening unnecessary. In WEST 2015-839-M, however, the operator had timely…
Secretary of Labor v. Enviro Care, Inc.
Unexplained delay defeated reopening request
Enviro Care asked the Commission to reopen a $100 penalty assessment that its office had treated as a bill and paid. The company attributed the missed contest deadline to a transition in its safety-manager position and unfamiliar office staff. The Commission found that explanation incomplete…
Secretary of Labor v. United Rentals (North American), Inc.
Unopposed penalty reopening granted
United Rentals asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing the operator's reason for missing the contest deadline. It remanded the case to the Chief…
Secretary of Labor v. Bennett Mineral Company
Unopposed penalty reopening granted
Bennett Mineral Company asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing why the company missed the contest deadline. It remanded the matter to the Chief…
Administrator, Wage and Hour Division v. Wade Shows, Inc.
WHD Administrator v. Wade Shows (DOL ARB 2015-0052): Appeal dismissed and judge's order vacated
The Wage and Hour Division assessed penalties against Wade Shows for alleged H-2B program violations. An administrative law judge partly granted the parties' summary judgment requests, and Wade Shows sought Board review while further motions were pending. After the Board held the appeal in…
S.H. and U.S. Postal Service, Youngstown Post Office
S.H. (ECAB 17-0373): Reconsideration denial upheld
S.H., a postal employee, asked OWCP to reopen an earlier claim decision. The Board could review only the refusal to reopen the claim, not the older merits decision. It found that the request did not establish a legal error or supply relevant new grounds for merit review. The Board affirmed the…
T.R. and U.S. Postal Service, Avent Ferry Station
T.R. (ECAB 17-0239): Left knee condition claim denied
T.R., a postal employee, claimed that work duties including pressing a brake caused a left knee condition. The Board found that his medical evidence did not provide a reasoned explanation connecting the condition to those duties. It affirmed OWCP’s denial.
N.T. and General Services Administration, Public Building Service
N.T. (ECAB 16-1578): Emotional condition claim denied
N.T., a General Services Administration employee, claimed that a fitness-for-duty examination aggravated a preexisting emotional condition. The Board found that the medical reports did not adequately connect the accepted examination events to a worsening of his anxiety and related symptoms. It…
C.D. and Department of Veterans Affairs, Lyons Veterans Health Administration
C.D. (ECAB 16-1489): Cervical impairment award denied
C.D., a Veterans Health Administration employee, sought a schedule award based on an accepted cervical condition. The Board found that the medical evidence did not show ratable impairment of a scheduled member attributable to that condition. It affirmed OWCP’s denial of the award.
W.P. and Department of the Air Force, Headquarters Wright Field
W.P. (ECAB 16-1229): Left leg schedule award denied
W.P., an Air Force employee, sought a schedule award for permanent impairment of his left leg. The Board found that his physician’s report did not establish a supported, ratable impairment under the applicable guides. It affirmed OWCP’s denial of the award.
G.S. and Department of the Army, Tank Automotive and Armaments Command
G.S. (ECAB 16-0377): Left arm impairment award sent back
G.S., an Army employee, sought more than the seven percent permanent impairment award he had received for his left arm. The Board found that OWCP had not consistently applied its upper extremity impairment rating methods. It set aside the decision and sent the claim back for a uniform method and a…
United Launch Alliance, LLC
Launchpad machine-guarding violation affirmed
United Launch Alliance technicians used compressed air to test a piston in a launchpad strut-capture component at Cape Canaveral. A technician's hand slipped into the moving component while he connected an energized air hose, resulting in the amputation of two fingers. The judge found that the…
Secretary of Labor v. Arnold Stone, Inc.
Exposed energized saw controls required lockout
Arnold Stone removed a touch-screen control from a large saw, leaving electrical wires exposed while the power disconnect was unlocked and untagged. A supervisor later energized the saw and left it on while miners had access to the building. Judge Margaret A. Miller held that the repair remained…
Smith v. BNSF Railway Company
Smith v. BNSF Railway (DOL ARB 2015-0055): Railroad whistleblower dismissal upheld
Anthony Smith alleged that BNSF Railway fired him after he reported sleep apnea and raised concerns about fatigue policies. An administrative law judge found those reports protected and found that they contributed to his discharge. The judge nevertheless dismissed the complaint because BNSF showed…
M.W. and Department of Agriculture, Food Safety and Inspection Service
M.W. (ECAB 17-0097): Nerve condition claim denied on modified grounds
M.W., a Food Safety and Inspection Service employee, claimed bilateral carpal tunnel and ulnar nerve conditions from his work duties. The Board found that the work factors occurred and that the conditions were diagnosed. It found, however, that no physician provided a reasoned opinion linking them…
S.M. and Department of Veterans Affairs, Eagle Point National Cemetery
S.M. (ECAB 16-1913): Compensation termination reversed
S.M., a Veterans Affairs employee, lost compensation after OWCP found that he refused suitable work. The Board found that he had submitted additional medical evidence during the response period and OWCP had not evaluated it or given the required final opportunity to accept the job. It reversed the…
J.F. and U.S. Postal Service, Flowery Branch Post Office
J.F. (ECAB 16-1462): Right arm impairment award sent back
J.F., a postal employee, sought more than the 18 percent permanent impairment award she had received for her right arm. The Board found that OWCP had not consistently applied its upper extremity impairment rating methods. It set aside the decision and returned the claim for a uniform method and a…
M.F. and U.S. Postal Service, Covington Post Office
M.F. (ECAB 16-1461): Disability recurrence denial upheld
M.F., a postal employee, claimed a recurrence of disability after an accepted work injury. The Board found that the medical reports did not establish that the accepted condition made him unable to work beginning May 26, 2015. It affirmed OWCP’s denial of the recurrence claim.
J.H. and U.S. Postal Service, Sylvania Post Office
J.H. (ECAB 16-0234): Left arm impairment decisions sent back
J.H., a postal employee, disputed decisions concerning the extent of permanent impairment of her left arm after an earlier award. The Board found that OWCP had not applied a consistent upper extremity impairment rating method. It set aside both decisions and sent the claim back for a uniform method…
R.W. and U.S. Postal Service, Detroit Post Office
R.W. (ECAB 16-0043): Right arm impairment award sent back
R.W., a postal employee, sought more than the seven percent permanent impairment award he had received for his right arm. The Board found that OWCP had not used a consistent upper extremity impairment rating method. It set aside the decision and sent the claim back for a uniform method and a new…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Unchocked truck citation settled for $100
MSHA cited Cactus Canyon Quarries after an unattended pickup truck was parked on an incline without its parking brake engaged, its wheels chocked, or its wheels turned into a bank. The operator admitted the violation and accepted MSHA's non-S&S designation and proposed $100 penalty, but disputed…
C.G. and Department of Labor, Mine Safety and Health Administration
C.G. (ECAB 17-0453): Late reconsideration request rejected
C.G., a Mine Safety and Health Administration employee, asked OWCP to reconsider an older claim decision. The Board could review only the refusal to reopen the claim. It found that the request was untimely and did not establish clear evidence of error in the earlier decision. The Board affirmed the…
P.A. and U.S. Postal Service, Des Moines Post Office
P.A. (ECAB 17-0075): Overpayment upheld; fault finding sent back
P.A., a postal employee, challenged a $2,138.26 schedule award overpayment and OWCP’s finding that she was at fault. The Board upheld the overpayment because the award had been calculated at seven percent impairment rather than six percent. It found that OWCP had not given proper notice before…
W.S. and Department of the Treasury, Bureau of the Public Debt
W.S. (ECAB 16-1762): Bilateral arm awards sent back
W.S., a Treasury employee, sought higher permanent impairment awards for both arms after receiving eight percent ratings. The Board found that OWCP had not applied a consistent method for rating upper extremity impairment. It set aside the decision and returned the claims for a uniform method and a…
A.R. and U.S. Postal Service, Bell Post Office
A.R. (ECAB 16-1416): Injury and reconsideration denials upheld
A.R., a postal employee, sought compensation for conditions he attributed to an accepted July 2015 incident and later requested reconsideration. The Board found that the medical evidence did not establish a causal link between the incident and the claimed conditions. It also found no basis…
Juan Guillen
Scaffold-training citation affirmed on summary judgment
OSHA cited Juan Guillen for failing to provide required scaffold-hazard training under 29 C.F.R. § 1926.454(a). An employee working from a mobile scaffold fell and died from his injuries. Guillen did not answer the Secretary's complaint or requests for admissions, so the material allegations were…
K.H. and U.S. Postal Service, Atlantic City Post Office
K.H. (ECAB 16-0956): Right knee condition claim denied
K.H., a postal employee, claimed a right knee condition caused by her federal work. The Board found that her medical evidence did not adequately explain a causal relationship between the condition and identified work factors. It affirmed OWCP’s denial.
Vulcan Industrial Contractors Co., LLC
Asbestos cleanup citation vacated
Vulcan Industrial Contractors performed asbestos abatement on boiler piping at an Alabama power plant using glove bags, sealed work areas, HEPA vacuuming, and disposal controls. OSHA later found a small piece of asbestos-containing debris embedded in a scaffold plank after Vulcan had deregulated…
H.C. and U.S. Postal Service, Pittsburgh Post Office
H.C. (ECAB 16-0323): Left arm impairment award sent back
H.C., a postal employee, sought more than the 12 percent permanent impairment award he had received for his left arm. The Board found that OWCP had not consistently applied its upper extremity rating methods. It set aside the decision and sent the claim back for a uniform method and a new decision.
T.S. and U.S. Postal Service, Irving Park Road Processing and Distribution Center
T.S. (ECAB 15-1455): Right arm impairment award sent back
T.S., a postal employee, sought more than the five percent permanent impairment award she had received for her right arm. The Board found that OWCP had not used a consistent method for rating upper extremity impairment. It set aside the decision and returned the claim for a uniform method and a new…
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.