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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Secretary of Labor v. Newmont Slate Company, Inc.
Fifteen citations upheld and one vacated
MSHA issued Newmont Slate 16 citations covering fire and explosion warnings, compressed-air tanks, electrical circuits, machine guards and windows, explosives, training, noise records, and other quarry conditions. After a hearing, Judge David F. Barbour found 15 violations and vacated the…
Whole Foods Market Group, Inc., et al.
In re Whole Foods Market Group, Inc., et al. (EAB RCRA Appeal No. 17-01C): Consent Agreement ratified
Whole Foods Market Group, Inc., and affiliated entities resolved an EPA Resource Conservation and Recovery Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board…
Bridgewater Wastewater Treatment Plant
In re Bridgewater Wastewater Treatment Plant (EAB NPDES Appeal No. 16-01): petition dismissed after settlement
The Town of Bridgewater, Massachusetts, asked the Environmental Appeals Board to dismiss its petition challenging NPDES Permit No. MA0100641. The Town reported that the parties had reached a settlement and filed a motion for voluntary dismissal on April 5, 2017. The Board granted the motion under…
Secretary of Labor v. M-Class Mining, LLC and Secretary of Labor v. Mark McCurdy employed by M-Class Mining, LLC
Secretary of Labor v. M-Class Mining, LLC (FMSHRC LAKE 2012-519, LAKE 2015-339): Electrical-work and glove orders vacated
Maintenance foreman Mark McCurdy was hospitalized overnight after receiving an electrical shock while troubleshooting an energized continuous miner. MSHA alleged that he performed electrical work without deenergizing the machine and failed to wear protective gloves, and it sought penalties against…
R.C. and Department of Justice, U.S. Marshals Service
R.C. (ECAB 17-0393): Left arm impairment award sent back
R.C., a U.S. Marshals Service employee, sought more than the three 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 returned the claim for a…
E.R. and U.S. Postal Service, Buffalo Post Office
E.R. (ECAB 17-0263): Occupational disease claim denied
E.R., a postal employee, claimed a medical condition from her work duties. The Board found that the medical evidence did not adequately explain how the identified duties caused or aggravated the diagnosed condition. It affirmed OWCP’s denial of the occupational disease claim.
M.V. and U.S. Postal Service, City of Industry Post Office
M.V. (ECAB 17-0132): Reconsideration denial upheld
M.V., a postal employee, asked OWCP to reopen an earlier claim decision. The Board could review only OWCP’s refusal to reopen the merits. It found that M.V. had not supplied a relevant new legal argument or evidence requiring merit review and affirmed the denial.
R.Y. and Department of the Navy, Joint Region Marianas
R.Y. (ECAB 17-0045): Finger impairment award sent back
R.Y., a Navy employee, sought more than the six percent permanent impairment award he had received for his left ring finger. 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…
J.B. for the estate of T.B. and Department of the Navy, Puget Sound Naval Shipyard
J.B. (ECAB 16-1548): Posthumous schedule award claim denied
J.B., representing the estate of T.B., sought a schedule award after T.B. died. The Board found that T.B. had not filed a valid schedule award claim during his lifetime. It held that the estate representative could not begin a new claim after his death and affirmed OWCP’s denial.
M.P. and U.S. Postal Service, Bellmawr Post Office
M.P. (ECAB 16-0409): Left arm impairment claim sent back
M.P., a postal employee, sought a schedule award for left arm impairment attributed to an accepted injury. 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 new decision.
C.A. and Department of Homeland Security, Customs and Border Protection
C.A. (ECAB 16-0294): Left arm impairment award sent back
C.A., a Customs and Border Protection employee, sought more than the 12 percent permanent impairment award he had received for his left arm. The Board found that OWCP had not applied a consistent upper extremity impairment rating method. It set aside the decision and returned the claim for a…
Matter of Pedro Josue JIMENEZ-CEDILLO
Maryland solicitation offense is moral turpitude
The Board reviewed a Mexican respondent's appeal from a finding that he was removable after a Maryland conviction for soliciting a minor to engage in unlawful sexual activity. The Board held that a sexual offense protecting particularly young children, or involving a significant age difference with…
N.L. and U.S. Postal Service, Brooklyn Post Office
N.L. (ECAB 17-0454): Injury denial upheld; reconsideration sent back
N.L., a postal employee, sought compensation for an injury attributed to a June 2015 workplace incident. The Board found that the medical evidence did not establish causation and upheld the claim denial. It also found that OWCP had overlooked relevant evidence submitted with her reconsideration…
C.I. and Department of the Air Force, Robins Air Force Base
C.I. (ECAB 17-0139): Reconsideration request sent back under correct standard
C.I., an Air Force employee, asked OWCP to reconsider an older claim decision. OWCP evaluated his request under the standard for timely filings even though it arrived more than one year after the last merit decision. The Board set aside the denial and directed OWCP to apply the correct standard for…
F.P. and General Services Administration, Public Building Service
F.P. (ECAB 17-0090): Asbestosis claim denied
F.P., a General Services Administration employee, claimed asbestosis from workplace exposure. The Board found that the medical evidence did not establish a reasoned causal connection between the condition and his federal work. It affirmed OWCP’s denial.
T.M. and U.S. Postal Service, Baltimore Processing and Distribution Center
T.M. (ECAB 17-0068): Disability recurrence denial upheld
T.M., a postal employee, claimed a recurrence of disability after an accepted 2015 injury. The Board found that the medical evidence did not adequately establish that the accepted injury caused disability beginning April 26, 2016. It affirmed OWCP’s denial.
B.B. and U.S. Postal Service, Los Angeles Post Office
B.B. (ECAB 16-1814): Wage-earning capacity decision upheld
B.B., a postal employee, challenged a wage-earning capacity decision based on her actual earnings as a customer care agent. The Board found that those earnings fairly represented her capacity to earn wages. It affirmed OWCP’s compensation calculation.
R.Y. and U.S. Postal Service, Pasadena Post Office
R.Y. (ECAB 16-1708): Right arm impairment award sent back
R.Y., a postal employee, sought more than the 28 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, Cleveland Processing and Distribution Center
G.C. (ECAB 16-1430): Right arm impairment award sent back
G.C., a postal employee, sought more than the one percent permanent impairment award she had received for her right arm. The Board found that OWCP had not applied a consistent upper extremity impairment rating method. It set aside the decision and returned the claim for a uniform method and a new…
A.D. and U.S. Postal Service, Milford Post Office
A.D. (ECAB 16-1366): Reconsideration denial reversed
A.D., a postal employee, challenged OWCP’s refusal to reconsider an earlier claim decision. The Board found clear evidence of error because OWCP had failed to review relevant evidence submitted before its decision. It reversed the reconsideration denial and returned the claim for further…
Shelley Kelhi v. Alpha Coal West, Inc. and Contura Coal West, LLC
Shelley Kelhi v. Alpha Coal West, Inc. (FMSHRC WEST 2017-38 D): Discrimination complaint filed too late
Shelley Kelhi alleged that Alpha Coal West harassed her because of her safety advocacy and denied prompt medical attention after a 2014 haul-truck accident. She filed her MSHA discrimination complaint 684 days after the date the judge treated as the latest sufficiently detailed adverse action…
L.A. and Department of Homeland Security, Federal Emergency Management Agency
L.A. (ECAB 17-0138): Travel-related ankle claim denied
L.A., a Federal Emergency Management Agency employee, claimed a left ankle injury during travel. The Board found that his accounts conflicted about where, when, and how the injury occurred. It concluded that the alleged incident was not established and affirmed the claim denial.
L.D. and Department of Veterans Affairs, Northport VA Medical Center
L.D. (ECAB 17-0435): Injury claim denial upheld
L.D., a Veterans Affairs employee, sought compensation for an injury after a March 2015 workplace incident. The Board found that her medical evidence did not adequately explain how the incident caused a diagnosed condition. It affirmed OWCP’s denial.
R.B. and Architect of the Capitol
R.B. (ECAB 17-0299): Compensation and medical benefit termination upheld
R.B., an Architect of the Capitol employee, challenged OWCP’s modification of his wage-earning capacity determination and termination of benefits. The Board credited medical evidence that his accepted lumbar injury had resolved without residuals. It found that OWCP met its burden and affirmed the…
L.S. and U.S. Postal Service, Tampa Post Office
L.S. (ECAB 17-0203): Knee claim reconsideration sent back
L.S., a postal employee, asked OWCP to reconsider a bilateral knee claim. The Board could review only OWCP’s refusal to reopen the claim on this appeal. It found that newly submitted medical reports were relevant to whether work caused the condition and required merit review. The Board set aside…
S.W. and U.S. Postal Service, Fairlawn Post Office
S.W. (ECAB 17-0087): Right arm impairment award sent back
S.W., a postal employee, sought more than the one 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…
V.G. and Department of Veterans Affairs, Murfreesboro VA Medical Center
V.G. (ECAB 17-0067): Right foot condition claim denied
V.G., a Veterans Affairs employee, claimed right foot conditions from her federal work. The Board found that her medical evidence did not adequately explain how the identified work factors caused or aggravated those conditions. It affirmed OWCP’s denials.
E.J. and Department of Veterans Affairs, Miami VA Medical Center
E.J. (ECAB 16-1140): Bilateral arm award claim sent back
E.J., a Veterans Affairs employee, sought a schedule award for impairment of both arms. 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 new decision.
D.W. and Department of the Navy, Puget Sound Naval Shipyard
D.W. (ECAB 15-1819): Additional arm award sent back
D.W., a Navy employee, sought an additional schedule award for right arm impairment. 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 new decision.
American Federation of Government Employees, Local 2052, Council of Prison Locals (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Petersburg, Virginia (Agency)
AFGE Local 2052 and FCC Petersburg (FLRA 0-AR-5242): Comp-time grievance dismissal upheld
A union officer requested compensatory time for work travel, and the Bureau of Prisons asked her to provide a flight itinerary. She filed a grievance alleging race discrimination and retaliation for protected EEO and union activity. The agency later granted the compensatory time, and an arbitrator…
J.R. and Department of Justice, Bureau of Prisons
J.R. (ECAB 17-0319): Reconsideration denial upheld
J.R., a Bureau of Prisons employee, asked OWCP to reconsider an earlier claim decision. The Board could review only OWCP’s refusal to reopen the merits. It found that the request did not present a relevant new legal argument or evidence requiring merit review and affirmed the denial.
C.G. and Department of Agriculture, Food Safety and Inspection Service
C.G. (ECAB 17-0189): Claimed disability periods denied
C.G., a Food Safety and Inspection Service employee, sought wage-loss compensation for intermittent absences and a longer period of total disability. The Board found that the medical evidence did not adequately link those periods of disability to her accepted injury. It affirmed OWCP’s denial.
S.C. and Department of the Navy, Marine Corps Base Camp Yermo
S.C. (ECAB 16-1898): Wage-earning capacity reduction reversed
S.C., a Navy employee, challenged a compensation reduction based on a constructed manager-merchandise job. The Board found that OWCP had not adequately established the extent of his disability from preexisting conditions. It concluded that OWCP had not met its burden to reduce benefits and reversed…
E.P. and Department of Homeland Security, Transportation Security Administration
E.P. (ECAB 16-1794): Disability compensation denial upheld
E.P., a Transportation Security Administration employee, sought disability compensation for April 17 through 23, 2016 after an accepted injury. The Board found that her medical reports did not establish inability to work during that period because of accepted conditions. It affirmed OWCP’s denial.
J.J. and U.S. Postal Service, Detroit Post Office
J.J. (ECAB 16-1580): Injury claim sent back for medical development
J.J., a postal employee, sought compensation for an injury after an accepted September 2013 workplace incident. The Board found that her physician’s reports were not fully reasoned but strongly supported a work connection. It directed OWCP to develop the medical evidence further and issue a new…
V.L. and U.S. Postal Service, Tampa Post Office
V.L. (ECAB 16-1558): Left arm award decisions sent back
V.L., a postal employee, sought more than the ten percent permanent impairment award she had received for her left arm and challenged a reconsideration denial. The Board found that OWCP had not applied a consistent upper extremity impairment rating method. It set aside both decisions and returned…
M.J. and U.S. Postal Service, Dallas Post Office
M.J. (ECAB 16-0865): Right arm impairment award sent back
M.J., a postal employee, sought a higher right arm impairment award after receiving an additional nine percent rating. The Board found that OWCP had not applied a consistent upper extremity impairment rating method. It set aside the decision and returned the claim for a uniform method and a new…
J.D. and Department of the Interior, Grand Canyon National Park
J.D. (ECAB 14-1566): Right arm impairment award sent back
J.D., a National Park Service employee, sought more than the two 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…
C.W. and U.S. Postal Service, Houston Post Office
C.W. (ECAB 16-0858): Additional medical conditions denied
C.W., a postal employee, sought to add shoulder derangement and several pain and psychological conditions to his accepted injury claim. The Board found that the medical reports did not adequately connect those conditions to the accepted injury. It affirmed OWCP’s refusal to expand the claim.
M.T. and U.S. Postal Service, Toney Post Office
M.T. (ECAB 17-0351): Injury claim denial upheld
M.T., a postal employee, claimed an injury after a May 2016 workplace incident. The Board found unresolved inconsistencies in the accounts of what happened and concluded that she had not established the incident as alleged. It affirmed OWCP’s denial.
R.M. and U.S. Postal Service, Atlantic City Post Office
R.M. (ECAB 17-0131): Finger impairment award sent back
R.M., a postal employee, sought more than the 45 percent permanent impairment award he had received for his right little finger. 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…
R.B. and Department of the Navy, Naval Sea Systems Command
R.B. (ECAB 16-1863): Hearing loss award request sent back
R.B., a Navy employee, submitted evidence that his work-related hearing loss had worsened and requested a further schedule award. OWCP treated the submission as an untimely reconsideration request. The Board found that he was seeking a new award for increased impairment rather than review of the…
L.M. and Department of Agriculture, Natural Resources Conservation Service
L.M. (ECAB 16-1539): Rescission of claim acceptance upheld
L.M., a Natural Resources Conservation Service employee, challenged OWCP’s withdrawal of its earlier acceptance of a psychological condition claim. The Board found that OWCP had explained its original error and that the evidence did not establish the alleged work incidents as described. It upheld…
T.E. and U.S. Postal Service, Smithtown Post Office
T.E. (ECAB 16-1509): Benefit termination reversed for missing notice
T.E., a postal employee, challenged termination of wage-loss compensation and medical benefits. The Board found that OWCP had not sent the required proposed termination notice to his attorney before ending benefits. It reversed the termination and returned the case for further action.
K.A. and U.S. Postal Service, Minneapolis Post Office
K.A. (ECAB 16-1368): Left thumb injury claim denied
K.A., a postal employee, claimed a left thumb condition from repetitive work. The Board found that she had not identified specific job duties involving repeated hand or thumb movement, despite OWCP’s request. A separate work status report suggested a fall instead. It affirmed the occupational…
Capitol Concrete Contractors, Inc.
Skid-steer and injury-reporting citations vacated
A Capitol Concrete trainer fractured his wrist when skid-steer loader arms descended as he reached into the cab during operator training. OSHA alleged a general duty clause violation based on trainers approaching operational skid-steers and also alleged that the hospitalization was reported late…
R.M. and U.S. Postal Service, Coppell Post Office
R.M. (ECAB 15-1753): Disability claim returned for employment records
R.M., a postal employee, appealed a denial of disability compensation. The Board found that the record lacked employment, payroll, and position records needed to determine her work status during the claimed period. It directed OWCP to obtain those records from the Postal Service and decide the…
D.N. and U.S. Postal Service, Beverly Hills Station
D.N. (ECAB 15-1456): Left arm impairment claim sent back
D.N., a postal employee, sought a schedule award for left arm impairment from an accepted shoulder injury. 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 new decision.
H.L. and Department of Homeland Security, Immigration and Customs Enforcement
H.L. (ECAB 15-0657): Arm impairment decision sent back
H.L., an Immigration and Customs Enforcement employee, sought review of a permanent arm impairment decision. 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 new decision.
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Pollock, Louisiana (Agency) and American Federation of Government Employees, Council of Prison Locals #33, Local 1034 (Union)
FCC Pollock and AFGE Local 1034 (FLRA 0-AR-5230): Attorney-fee amount remanded
An arbitrator overturned a five-day suspension because the Bureau of Prisons waited more than twenty-four months to discipline the employee. The merits award became final, and the arbitrator later granted the union's full request for $52,707.13 in attorney fees and costs. The agency challenged the…
Secretary of Labor v. Good Bentonite Company, LLC
Incomplete contest form excused
Good Bentonite timely sent part of its penalty contest paperwork but omitted the sheet identifying which violations it wanted to contest. MSHA called about the incomplete filing; the company said its owner was away and did not receive the message. The operator said it had misread the contest-rights…
Secretary of Labor v. Usibelli Coal Mine, Inc.
Brief holiday-shutdown delay excused
Usibelli Coal Mine missed the deadline to contest a penalty assessment after a weeklong Thanksgiving shutdown delayed internal review. The company submitted its contest only a few days late and had no history of prior defaults. It also revised its procedures to prevent similar filing failures. The…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Employment-retaliation claims dismissed
Jeffrey Pappas alleged that Riverside Cement gave negative employment references and that CalPortland refused to hire him because of earlier safety complaints and a settled Mine Act discrimination case. Judge Alan G. Paez found that one Riverside manager's warning was partly motivated by protected…
Secretary of Labor v. Metzger Removal, Inc.
Pro se contest mistake excused
Metzger Removal tried to contest a penalty assessment, but two citations were not registered as contested because the company mistakenly believed they were included in another assessment. The error later prevented an administrative law judge from approving settlement of those citations. The…
Secretary of Labor v. American Talc Company
Timely contest sent to wrong agency office
American Talc's plant manager helped with an overloaded contest process but mailed the contest form to the Commission instead of MSHA. The company had sent the paperwork on time, but to the wrong recipient. It later changed its procedures to ensure future contests were addressed correctly. The…
Secretary of Labor v. The Quikrete Companies
Contests mailed to collection office reopened
Quikrete mailed contest documents for two penalty assessments to MSHA's collection office in St. Louis instead of the office that receives contests in Arlington. The Secretary did not oppose reopening but urged the operator to improve its filing procedures. The Commission found that sending the…
Secretary of Labor v. Thyssen Krupp Industrial Solutions (USA), Inc.
Unopposed penalty reopening granted
Thyssen Krupp Industrial Solutions 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…
Bell Trucks America, Inc. and Bell Equipment Limited
In re Bell Trucks America, Inc. and Bell Equipment Limited (EAB CAA Appeal No. 17-01C): Consent Agreement ratified
Bell Trucks America, Inc. and Bell Equipment Limited resolved a Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated and ratified that agreement under 40 C.F.R. § 22.18(b)-(c) and Clean Air Act section 205(c)(1), 42 U.S.C. § 7524(c)(1). The…
Secretary of Labor v. Newmont Slate Company, Inc.
Original multi-citation decision superseded
MSHA issued Newmont Slate 16 citations covering fire and explosion warnings, compressed-air tanks, electrical circuits, machine guards and windows, explosives, training, noise records, and other quarry conditions. Judge David F. Barbour found 15 violations and vacated the explosives citation…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Witness-exclusion and spoliation sanctions denied
Before the discrimination merits decision, the Secretary asked to exclude two Riverside witnesses because they were identified shortly before hearing. Judge Alan G. Paez denied exclusion because the Secretary had long known the witnesses' identities, had time to seek their depositions, and did not…
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.