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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A.H. and U.S. Postal Service, Post Office, Mahopac, NY
A.H. (ECAB 17-0362): Parcel lifting injury claim denied
A rural carrier reported injuring her back while lifting a parcel at work. Her physician discussed her back condition but gave no opinion connecting it to the reported incident. Reports from a nurse practitioner did not supply probative medical evidence under FECA. The Board affirmed the denial of…
E.R. and U.S. Postal Service, Post Office, Dallas, TX
E.R. (ECAB 17-0350): Reconsideration request denied without merit review
A postal employee sought reconsideration of a denied disability recurrence claim for October 1, 2014 through March 9, 2015. The new medical reports did not address whether her accepted conditions prevented work during that period. The Board held that the submissions did not meet the requirements…
K.N. and U.S. Postal Service, Dallas Performance Cluster, Coppell, TX
K.N. (ECAB 16-1900): Injury claim denied for lack of medical causal evidence
The Board accepted that the reported July 18, 2016 work incident occurred. It found that the submitted medical evidence did not give a reasoned explanation connecting a diagnosed injury to that incident. The Board affirmed OWCP’s denial of the injury claim.
C.H. and Department of Labor, Employment & Training Administration, Washington, DC
C.H. (ECAB 16-1806): Additional right leg schedule award denied
An employee sought an increased schedule award for a right leg injury after receiving an award based on 10 percent impairment. The Board found that the weight of the medical evidence did not establish a greater impairment rating. It affirmed OWCP’s denial of an additional award.
W.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Manchester, NH
W.C. (ECAB 16-1357): Lung impairment award sent back for medical development
A Veterans Affairs employee disputed a schedule award based on 17 percent permanent lung impairment. The medical reports lacked underlying pulmonary test results and did not explain the choice of impairment table for his accepted conditions. The Board set aside the award decision and directed OWCP…
C.T. and Department of Veterans Affairs, Veterans Benefits Administration Regional Office, Oakland, CA
C.T. (ECAB 16-1222): Lumbar condition claim remanded for medical development
A veterans rating service representative attributed a lumbar condition to prolonged sitting and poor workplace ergonomics. His physician’s opinion did not establish the claim, but it gave enough support to require further development. The Board directed OWCP to document the work conditions and…
R.W. and U.S. Postal Service, Post Office, Blaine, WA
R.W. (ECAB 16-1199): Continuing total disability claim denied
A rural carrier sought compensation for continuing total disability after an accepted 2012 back injury. The Board found no physician’s report based on a complete and accurate history that established total disability from the accepted injury beginning December 13, 2014. It affirmed the denial of…
F.C. and U.S. Postal Service, Vehicle Maintenance Facility, Lancaster, PA
F.C. (ECAB 14-2053): Upper extremity award sent back for consistent rating method
A postal employee challenged a schedule award based on nine percent permanent impairment of his right upper extremity. The Board found conflicting OWCP interpretations of the impairment rating method. It directed OWCP to establish a consistent method for rating upper extremity impairment and issue…
Secretary of Labor v. Consolidation Coal Company
Thirty citations settled for $48,000
MSHA and Consolidation Coal Company settled 30 citations involving conditions at the Robinson Run No. 95 Mine. The settlement vacated Citation 8058726 and modified the negligence, gravity, injury, or affected-person findings for several other citations. The cited conditions included combustible…
F.G. and U.S. Postal Service, Post Office, Lakeview, MA
F.G. (ECAB 17-0033): Spine condition claim remanded for medical review
A postal employee attributed degenerative spine conditions to repetitive work duties. Her physician described how lifting, carrying, and other duties could have accelerated those conditions. Although the report did not establish the claim, the Board found that it warranted a second opinion…
E.R. and U.S. Postal Service, Post Office, Ponce, PR
E.R. (ECAB 17-0015): Emotional condition reconsideration denied
A postal employee requested reconsideration of an emotional condition claim. The Board held that he had not identified an error of law, raised a new relevant legal argument, or submitted pertinent new evidence. It affirmed OWCP’s refusal to reopen the merits of the claim.
B.R. and U.S. Postal Service, Post Office, Cleveland, OH
B.R. (ECAB 16-1844): Ankle schedule award denied for lack of impairment rating
A postal employee sought a schedule award for a left ankle condition. His chiropractor described symptoms and examination findings but did not identify the date of maximum medical improvement or rate permanent impairment under the applicable guide. The Board affirmed the denial of the award.
L.M. and U.S. Postal Service, Post Office, Concord Carrier Annex, Knoxville, TN
L.M. (ECAB 16-1694): Parcel lifting injury denial and reconsideration upheld
A rural carrier associate claimed a left shoulder sprain from lifting a parcel in January 2015. The Board found that she had not established a medical causal link between the incident and the claimed injury. Her reconsideration request supplied no new argument or evidence, so the Board also upheld…
P.B. and Department of the Army, Army Medical Command, Fort Gordon, GA
P.B. (ECAB 16-1532): Termination of wage and medical benefits upheld
An Army nursing assistant had an accepted injury after adjusting a patient in bed. The Board found that OWCP had established that the accepted conditions no longer caused disability or required medical care by December 15, 2015. It also found that she had not proved continuing disability after that…
D.B. and U.S. Postal Service, Post Office, Alexandria, LA
D.B. (ECAB 16-1347): Right hip occupational disease claim denied
A retired postal carrier attributed right hip osteoarthritis to walking during a 32 year career. His physician linked the condition to that walking but did not explain why workplace activity, as distinct from ordinary walking and standing, caused or aggravated it. The Board affirmed the claim…
D.P., daughter of A.P., and U.S. Postal Service, Processing & Distribution Center, Chicago, IL
D.P. (ECAB 15-0086): Survivor benefit claim remanded for employer evidence
The daughter of a postal employee sought survivor benefits after her mother collapsed at work and died. She alleged that conflict with coworkers contributed to the death. The Board found that the record lacked enough information to decide the claim and directed OWCP to obtain relevant evidence held…
Signal Peak Energy, LLC v. Secretary of Labor
MSHA could require dual-entry ventilation plan
Signal Peak Energy proposed changing the Bull Mountains Mine No. 1 from a dual-entry tailgate return to a single-entry return. The company argued that its proposal would reduce oxygen entering the gob and lessen spontaneous-combustion, roof, and material-handling risks. MSHA rejected the change…
Secretary of Labor v. Original Sixteen to One Mine, Inc.
Eleven violations upheld and nine dismissed
Original Sixteen to One Mine, Inc., an underground gold operator, challenged 22 citations involving its Sixteen to One and Plumbago mines across seven dockets. Judge William B. Moran held that Plumbago was a mine under the Mine Act and rejected the operator's claim that the proposed penalties would…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Uncertain sample location defeated rock-dust citation
MSHA cited Consol Pennsylvania Coal after a sample from the Harvey Mine contained less incombustible material than the rock-dust standard required. The standard did not require rock dusting within 40 feet of the working face, so the sample's location determined whether a violation existed. The…
Stanley Christie v. Georgia-Pacific Company and ACE American Insurance Company/ESIS
Christie v. Georgia-Pacific (BRB 16-0321): post-retirement disability award reversed
Stanley Christie injured his back while working for Georgia-Pacific, later worked as a safety inspector, and took early retirement in 2010 when his pension options were changing. His doctor imposed tighter work restrictions about two years after retirement. An administrative law judge awarded…
R.S. and Department of the Navy, Pacific Fleet Shipyards, Bremerton, WA
R.S. (ECAB 17-0063): Written record review request was late
A former Navy machinist requested review of the written record after an OWCP decision about authorization for cervical surgery. His request was made more than 30 days after the decision. The Board found that OWCP reasonably denied discretionary review because he could seek reconsideration instead.
J.V. and Department of the Interior, Fish & Wildlife Service, Rio Grande, PR
J.V. (ECAB 16-1877): Timely written record review request must be heard
A Fish and Wildlife Service employee requested review of an OWCP decision issued January 27, 2016. The request was mailed on February 26, the thirtieth day after issuance. The Board held that it was timely and directed OWCP to conduct the written record review.
J.T. and U.S. Postal Service, Post Office, Humacao, PR
J.T. (ECAB 16-1424): Emotional condition claim denied
A postal employee attributed an emotional condition to alleged workplace harassment and administrative actions. The Board found that he had not established error or abuse in the administrative matters or substantiated compensable harassment. Without an established compensable employment factor, the…
C.W. and U.S. Postal Service, Post Office, Kansas City, MO
C.W. (ECAB 16-1336): Joint and spine condition claim remanded
A postal employee attributed knee, hip, neck, and back conditions to repeated bending, stooping, squatting, and walking. His physician described how those duties could cause or aggravate the conditions. Although the reports did not establish the claim, the Board found that the unopposed opinion…
M.B. and Defense Agencies, DLA Distribution Region East, Fort Belvoir, VA
M.B. (ECAB 16-1302): Hearing denial sent to wrong address
A Defense Logistics Agency employee requested an oral hearing and gave OWCP a new address. OWCP sent the denial to his old address and did not copy his authorized representative. The Board held that the decision had not been properly issued and directed OWCP to issue a new decision on the relevant…
M.S. and U.S. Postal Service, Post Office, Topeka, KS
M.S. (ECAB 16-1287): Wage earning capacity modification denied
A postal employee sought to change a 2006 loss of wage earning capacity determination, claiming that her accepted condition had worsened. The Board credited a medical opinion finding no material change and noted that she submitted no new evidence showing such a change or an error in the original…
J.G. and U.S. Postal Service, Post Office, Jackson, MS
J.G. (ECAB 16-1257): Upper extremity award and reconsideration denied
A postal employee sought a schedule award for upper extremity impairment. The Board found that she had not submitted medical evidence establishing a ratable permanent impairment. Her reconsideration request added no relevant new evidence or argument, so the Board affirmed both decisions.
Secretary of Labor v. Carter Roag Coal Company
Timely contest made reopening unnecessary
Carter Roag Coal Company asked the Commission to reopen a proposed penalty assessment that appeared to have become final. The Secretary reported that Carter Roag had timely contested the assessment and that an active penalty case already covered it. The Commission held that the assessment never…
Essroc Cement Corp. v. Secretary of Labor
Late imminent-danger contest accepted
Essroc Cement received an imminent-danger withdrawal order but missed the 30-day deadline to seek Commission review. Its safety manager mistakenly expected the order to appear in a later proposed penalty assessment and did not understand that an imminent-danger order carries no assessment that…
Secretary of Labor v. The Silver Queen Mine LLC
Reopening denied after one-year limit
The Silver Queen Mine asked to reopen a penalty assessment more than one year after it became a final Commission order. The operator attributed the missed contest to limited MSHA experience, the cost of professional help, and a misunderstanding about how repeated violations affect later penalties…
Secretary of Labor v. Marigold Mining Company
Lost mailed contest supported reopening
Marigold Mining Company asked the Commission to reopen a penalty assessment after its notice contesting three citations did not reach MSHA's contest office. The operator had mailed payment for a fourth citation and included an assessment form showing the other contests, but it did not use certified…
Secretary of Labor v. Jesse Creek Mining, LLC
Misrouted assessment reopened over dissent
Jesse Creek Mining missed its penalty-contest deadline after reassignment of its safety director caused the assessment to reach the wrong employee and led to an erroneous partial payment. The operator said its lawyer's effort to investigate the assessment's delivery also delayed the reopening…
Jones Brothers, Inc. v. Secretary of Labor and Secretary of Labor v. Jones Brothers, Inc.
Jones Brothers, Inc. v. Secretary of Labor (FMSHRC SE 2016-246, et al.): Nine citations affirmed for jurisdiction appeal
Jones Brothers challenged MSHA's jurisdiction over its highway-project operation, arguing that the site was a borrow pit rather than a mine. Judge Margaret A. Miller had rejected that argument in an earlier order. The parties then agreed that Jones Brothers would not otherwise contest the nine…
Secretary of Labor v. Rising Sun Development LLC
Assessment reopened after contractor's request
Rising Sun Development, a contractor for Pine Branch Mining, missed the deadline to contest an MSHA penalty assessment. Rising Sun said it was unfamiliar with mine penalty procedures and gave the assessment to Pine Branch after being assured that the mine operator would contest it, but no contest…
Secretary of Labor v. Redhawk Mining LLC
Prompt response supported reopening
Redhawk Mining asked the Commission to reopen a penalty assessment that became final after no timely contest was filed. The mine's authorized representative said he never received the assessment and first learned it was delinquent from MSHA's notice. MSHA's records showed that someone signed for…
Secretary of Labor v. Zeotech Corporation
Second accident assessment reopened
Zeotech Corporation received two separate proposed penalty assessments arising from one accident investigation. It timely contested one assessment but did not realize that the second assessment covered different citations until MSHA sent a delinquency notice. Zeotech then asked the Commission to…
D.W. and U.S. Postal Service, Post Office, San Antonio, TX
D.W. (ECAB 17-0077): Impairment award remanded for clarification
A postal mail processor sought additional schedule awards for extremity impairment. The Board found that the record needed clarification of his right leg impairment. OWCP had also treated a right arm rating as duplicating an earlier award for the left arm. The Board directed OWCP to resolve those…
E.T., widow of T.H., and Department of Energy, Bonneville Power Administration, Portland, OR
E.T. (ECAB 16-1912): Late survivor claim reconsideration denied
A widow sought reconsideration of a denied survivor benefit claim. Her request was late, so she had to show clear evidence of error in the prior decision. She supplied no new medical evidence and instead argued about evidence previously considered. The Board affirmed OWCP’s refusal to reopen the…
R.M. and Department of Veterans Affairs, Central Texas Veterans Health Care System, Temple, TX
R.M. (ECAB 16-1845): Right foot injury claim denied
A Veterans Affairs employee claimed a right foot injury from a December 4, 2015 work incident. The Board accepted the incident but found that the medical submissions did not establish a causal link to a diagnosed condition. Notes from a physician assistant and an unidentified signer did not provide…
C.G. and Department of Veterans Affairs, New York Harbor Healthcare System, Brooklyn, NY
C.G. (ECAB 16-1196): Knee and hip disability recurrence denied
A Veterans Affairs nurse claimed renewed disability after an accepted 2012 injury involving both knees and her right hip. The Board found that her physician’s reports did not adequately explain how the accepted conditions caused her disability beginning March 26, 2014. It affirmed the denial of the…
C.S. and Department of the Treasury, Internal Revenue Service, Richmond, VA
C.S. (ECAB 16-0880): Briefcase lifting injury claim denied
An IRS revenue officer reported that handling three heavy briefcases at work aggravated a spinal disc condition. The Board found that her medical submissions did not give a reasoned opinion connecting a diagnosed injury to the incident. It affirmed the claim denial.
D.V. and U.S. Postal Service, Post Office, Chicago, IL
D.V. (ECAB 16-0849): Rescission of accepted knee claim reversed
OWCP withdrew its acceptance of a postal employee’s left knee chondromalacia claim. The Board found that OWCP had overlooked records describing the work fall and had relied on a medical report date that the physician later corrected. Because OWCP’s reasons did not support rescission, the Board…
R.T. and U.S. Postal Service, Post Office, Waterloo, IL
R.T. (ECAB 16-0638): Right arm impairment award remanded
A postal employee sought a schedule award for permanent right upper extremity impairment. The Board identified conflicting OWCP interpretations of the impairment rating method. It directed OWCP to establish a consistent method for upper extremity ratings and issue a new decision on the claim.
Warrior Coal, LLC v. Secretary of Labor and Secretary of Labor v. Warrior Coal, LLC
Warrior Coal, LLC v. Secretary of Labor (FMSHRC KENT 2011-1084-R, et al.): Roof and rib violations yielded $129,250 penalty
MSHA cited Warrior Coal after inspectors found an excessively wide entry and extensive unstable roof and rib conditions in the Cardinal underground coal mine's No. 2 unit. The case covered a roof-control-plan violation, an imminent-danger order involving roof bolters beside an overhanging rock rib…
Matter of Rogelio FLORES-ABARCA
Transporting a loaded firearm is a firearms offense
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied cancellation of removal based on his conviction for transporting a loaded firearm under Oklahoma law. The Board held that the firearms ground of deportability is broad enough to cover transporting a firearm because…
E.D. and Department of the Air Force, Robins Air Force Base, GA
E.D. (ECAB 16-1854): Expansion of back injury claim denied
An Air Force employee sought to add degenerative lumbar disc disease, spondylosis, stenosis, and radiculopathy to a claim for a 2014 work injury. The Board found that the medical opinions did not adequately explain how the incident caused or aggravated those additional conditions. It affirmed…
P.M. and U.S. Postal Service, Post Office, Memphis, TN
P.M. (ECAB 16-1841): Schedule award reconsideration denied
A postal mail handler requested reconsideration after OWCP denied a schedule award for her left ankle condition. The Board found that her submission did not identify a legal error or supply relevant new evidence about permanent impairment. It affirmed the denial of merit review.
D.M. and U.S. Postal Service, Post Office, Douglasville, GA
D.M. (ECAB 16-1823): Written record review request denied as late
A rural postal carrier asked for written record review of a claim denial more than 30 days after the OWCP decision. The Board held that the request was too late for review as a matter of right. It also found that OWCP reasonably declined discretionary review because reconsideration remained…
S.G. and Department of the Army, Training & Doctrine Command, Fort Knox, KY
S.G. (ECAB 16-1716): Back injury denial upheld on revised reasoning
An Army employee claimed a back injury from a March 1, 2016 work incident. OWCP said the evidence did not establish a diagnosis, but the Board found that an x-ray did show diagnosed conditions. The Board nevertheless affirmed the denial because no physician gave a reasoned opinion connecting those…
E.R. and Department of Labor, Mine Safety & Health Administration, Norton, VA
E.R. (ECAB 16-1529): Increased hearing loss claim remanded
A retired mine safety employee sought compensation for increased hearing loss after prior occupational noise exposure. The second opinion physician gave inconsistent explanations about the role of past noise exposure in the current loss. The Board directed OWCP to obtain a clearer medical opinion…
S.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Decatur, GA
S.B. (ECAB 16-1522): Emotional condition claim remanded after physical contact
A Veterans Affairs employee alleged that workplace events caused an emotional condition. The Board found one compensable employment factor: her supervisor sat on her legs during a meeting. OWCP had found no compensable factors and therefore had not evaluated the medical evidence. The Board directed…
F.H. and U.S. Postal Service, Processing & Distribution Center, Sarasota, FL
F.H. (ECAB 16-1245): Back and leg injury claim denied
A postal employee reported a back and leg injury after a mail container struck him at work in January 2015. The Board found that the submitted medical reports did not adequately explain how the incident caused or aggravated the diagnosed conditions. It affirmed the denial of the injury claim.
E.C. and U.S. Postal Service, Post Office, Coram, NY
E.C. (ECAB 16-0925): Wrist disability recurrence denied
A postal clerk claimed renewed disability following an accepted right wrist injury in November 2012. The Board found that her medical submissions did not explain why the accepted injury caused disability starting December 26. It affirmed the recurrence denial.
W.P. and Department of Homeland Security, Immigration & Customs Enforcement, Tacoma, WA
W.P. (ECAB 17-0118): Vehicle accident injury claim denied
An immigration enforcement employee was in a motor vehicle accident while on duty in February 2016. OWCP accepted that the accident occurred, but the employee submitted no medical evidence showing that it caused or aggravated a diagnosed condition. The Board affirmed the injury claim denial.
J.H. and Department of Agriculture, Forest Service, Quemado, NM
J.H. (ECAB 17-0029): Oral hearing denied after reconsideration
A Forest Service employee requested an oral hearing after OWCP had already decided his requests for reconsideration. The Board held that he no longer had a hearing as a matter of right and that OWCP reasonably declined a discretionary hearing because reconsideration remained available. It affirmed…
S.B. and Department of Labor, Office of the Inspector General, New York, NY
S.B. (ECAB 16-1795): Insurance premium overpayment recovery upheld
OWCP did not deduct federal life insurance premiums for part of 2016, creating a $622.08 compensation overpayment. The Board upheld the overpayment and waiver denial. Because the employee had not supplied the requested financial information, it also upheld full recovery from continuing compensation.
L.C. and U.S. Postal Service, Post Office, Shreveport, LA
L.C. (ECAB 16-1717): Disability period after accepted injury denied
A postal employee sought compensation for a period of disability following an accepted injury. The Board found that his medical evidence did not provide a reasoned explanation connecting the accepted conditions to an inability to work during the claimed period. It affirmed the denial.
C.T. and Department of the Navy, Naval Sea Systems Command-Stations, Keyport, WA
C.T. (ECAB 16-1641): Hearing loss claim remanded for consistent medical opinion
A Navy employee claimed hearing loss from years of workplace noise exposure. An OWCP physician said the loss was not caused by work but also said it exceeded age related loss and could have been aggravated by workplace noise. The Board found the explanation inconsistent and directed OWCP to obtain…
G.B., widow of R.B., and Department of the Navy, Long Beach Naval Shipyard, Long Beach, CA
G.B. (ECAB 16-1363): Survivor claim remanded to resolve medical conflict
A shipyard worker had an accepted asbestosis claim and died in 2011. His widow sought survivor benefits, asserting that the occupational condition contributed to his death. The Board found conflicting medical opinions on causation and directed OWCP to refer the case to an impartial specialist.
A.J. and U.S. Postal Service, Post Office, Bellmawr, NJ
A.J. (ECAB 16-1025): Back and neck occupational disease claim denied
A postal employee attributed lower back and cervical conditions to her work duties. The Board gave weight to an impartial medical examiner and found that the record did not establish a causal relationship to her employment. It affirmed 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.