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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C.E. and U.S. Postal Service, Conway Post Office, Little Rock, AR
C.E. (ECAB 17-0010): Neck and shoulder occupational disease claim denied
A rural carrier attributed neck and shoulder problems to driving, lifting, reaching, and casing mail. Her physician said the duties would aggravate cervical disc disease but did not explain medically how or why. The Board affirmed the claim denial for lack of a reasoned causal opinion.
J.D. and Department of the Army, Fort Leonard Wood, MO
J.D. (ECAB 16-1752): Injury denial and reconsideration upheld
An Army employee claimed an injury from a February 27, 2015 work incident. The Board found that he did not establish a medical causal link between the incident and a diagnosed injury. His reconsideration request supplied no new legal argument or pertinent evidence, so the Board upheld both OWCP…
M.L. and U.S. Postal Service, Post Office, Brooklyn, NY
M.L. (ECAB 16-1723): Ankle injury account did not establish work incident
A postal employee reported injuring her ankle while walking at work. Her account and the medical histories differed on whether she slipped or missed a step, and she did not supply the time or explain her reporting delay. The Board held that the unresolved inconsistencies meant she had not…
W.G. and U.S. Postal Service, Post Office, Milwaukee, WI
W.G. (ECAB 16-1530): Right arm award remanded for consistent rating
A postal employee sought more than the three percent right arm impairment already awarded. The Board identified conflicting OWCP methods for rating upper extremity impairment under the applicable guide. It directed OWCP to establish a consistent method and issue a new decision on the award claim.
W.W. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
W.W. (ECAB 16-1423): Rescission of accepted neck conditions upheld
OWCP had accepted cervical disc protrusions after a postal employee’s work accident, then withdrew acceptance. The Board found that the record before OWCP did not support the claimed protrusions at C2-3 through C5-6. It held that OWCP met its burden to rescind and affirmed the decision.
D.W. and U.S. Postal Service, Post Office, Palatine, IL
D.W. (ECAB 16-1144): Schedule award denied for lack of ratable impairment
A postal employee sought a schedule award for permanent impairment. Her physician rated whole person spinal impairment rather than impairment of a scheduled body member under the applicable standard. The Board found no current medical evidence establishing a ratable scheduled impairment and…
C.K. and U.S. Postal Service, Post Office, Pelham, AL
C.K. (ECAB 14-1553): Left arm award rescission remanded
A rural postal carrier contested OWCP’s rescission of a prior schedule award after a later rating put left arm impairment at eight rather than eleven percent. The Board found inconsistent OWCP methods for rating upper extremity impairment. It directed OWCP to adopt a consistent method, issue a new…
JX Nippon Chemical Texas Inc.
In re JX Nippon Chemical Texas Inc. (EAB TSCA Appeal No. 17-01Q): $350,000 penalty paid and matter resolved
EPA alleged that JX Nippon Chemical Texas Inc. violated the Toxic Substances Control Act's chemical data reporting regulations. EPA's complaint sought a $350,000 penalty. JX Nippon paid the full amount by cashier's check, which waived its right to contest the allegations and appeal the Final Order…
Evans v. T-Mobile USA, Inc.
Evans v. T-Mobile USA (DOL ARB 2015-0037): Summary dismissal of whistleblower complaint affirmed
Robert Evans alleged that T-Mobile fired him after he questioned a billing program and raised concerns with human resources. An administrative law judge granted T-Mobile summary decision on his Sarbanes-Oxley whistleblower complaint. The judge treated Evans's evidence of protected activity and its…
United States Department of Homeland Security, U.S. Customs and Border Protection, Seattle, Washington (Agency) and National Treasury Employees Union, Chapter 164 (Union)
CBP Seattle and NTEU Chapter 164 (FLRA 0-AR-5223): Light-duty backpay award upheld
Customs and Border Protection placed an officer on light duty for about five months without following the notice procedures in its agreement with NTEU Chapter 164. The parties agreed that the violation caused the officer to lose overtime opportunities, and an arbitrator awarded a make-whole payment…
Vander Boegh v. EnergySolutions, Inc.
Vander Boegh v. EnergySolutions (DOL ARB 2015-0062): Denial of request to reinstate whistleblower claims affirmed
Gary Vander Boegh sought to revive four environmental whistleblower claims after he had dismissed them before a Labor Department judge and raised them in federal court. The federal appeals court later held that the district court lacked jurisdiction over those claims. Vander Boegh asked the judge…
Y.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX
Y.O. (ECAB 16-1886): Three days of claimed disability denied
A Veterans Affairs employee sought wage loss compensation for three days related to accepted back sprains. The medical reports did not say that she was unable to work on any of those dates. The Board affirmed OWCP’s denial of compensation for the claimed days.
G.T. and U.S. Postal Service, Post Office, Oklahoma City, OK
G.T. (ECAB 16-1776): Lumbar occupational disease claim denied
A rural carrier attributed a lower back condition to her postal work. She did not provide a sufficiently detailed account of the particular duties or exposure she believed caused the condition. The Board held that the alleged occupational exposure had not been established and affirmed the denial.
M.C. and Department of the Navy, Medical Command, Fort Campbell, KY
M.C. (ECAB 16-1267): Dental treatment recurrence denied
A Navy food service worker had an accepted claim for broken artificial upper front teeth on a bridge and for lower back teeth. OWCP authorized replacement of her upper bridge. She later sought more dental treatment. The Board found that the submitted medical evidence did not adequately connect the…
T.H. and Department of Veterans Affairs, Greater Los Angeles Health Care System, Los Angeles, CA
T.H. (ECAB 16-1164): Workplace emotional condition claim denied
A Veterans Affairs staff pathologist alleged that a supervisor harassed, threatened, and belittled him. The Board found that he had not established a specific compensable workplace incident, including the alleged verbal abuse. It affirmed OWCP’s denial of the claim.
T.E. and The Federal Reserve Board, Federal Reserve Police, Washington, DC
T.E. (ECAB 16-1090): Training exercise back injury claim denied
A Federal Reserve police employee reported back pain after lifting a training mannequin into a stair chair. The Board accepted the May 23, 2014 work incident but found that the medical reports did not give a reasoned explanation linking the diagnosed back condition to it. It affirmed the claim…
S.M. and U.S. Postal Service, Post Office, West Sacramento, CA
S.M. (ECAB 16-0593): Parcel lifting shoulder claim denied
A postal employee reported hearing a pop in his right shoulder while handling parcels. OWCP accepted that lifting occurred at work, but the submitted medical reports did not adequately explain how that event caused the diagnosed shoulder condition. The Board affirmed the injury claim denial.
S.G. and U.S. Postal Service, Main Post Annex, Indianapolis, IN
S.G. (ECAB 15-1164): Right arm award remanded for consistent rating
A postal employee sought more than 14 percent right arm impairment. The Board found that OWCP applied inconsistent methods for rating upper extremity impairment. It directed OWCP to establish a consistent method and issue a new decision on the schedule award claim.
Secretary of Labor v. Armstrong Coal Company, Inc.
Stay continued with deadline for liability decision
MSHA sought an $8,893 penalty against Armstrong Coal for allegedly allowing repairs beneath raised dragline equipment that was not securely blocked at the Midway Mine. The penalty case had been stayed while the Secretary considered personal liability under Mine Act section 110(c). Two years after…
Rimini v. J.P. Morgan Chase & Co.
Rimini v. J.P. Morgan Chase (DOL ARB 2017-0026): Appeal returned for reconsideration ruling
An administrative law judge granted J.P. Morgan Chase summary decision in Thomas Rimini's Sarbanes-Oxley whistleblower case. Rimini asked the judge to reconsider and then petitioned the Board for review before the judge ruled on that motion. The Board remanded the case so the judge could resolve…
C.F. and U.S. Postal Service, Post Office, Kearny, NJ
C.F. (ECAB 16-1859): Repetitive shoulder injury claim denied
A postal dispatcher attributed a right shoulder condition to repeatedly opening and closing heavy bay doors. His physician diagnosed several shoulder conditions and linked them to work, but did not adequately explain the causal process. The Board affirmed the claim denial for lack of reasoned…
K.C. and U.S. Postal Service, Post Office, Kokomo, IN
K.C. (ECAB 16-1535): Left hand and wrist injury claim denied
A city postal carrier reported injuring her left hand, wrist, and fingers during an accepted April 2016 work incident. The medical reports recounted her account but did not provide a physician’s reasoned opinion connecting a diagnosed condition to the incident. The Board affirmed the injury claim…
G.S. and U.S. Postal Service, Richmond Processing & Distribution Center, Sandston, VA
G.S. (ECAB 16-1443): Emotional condition claim remanded; subpoena denial upheld
A postal maintenance supervisor claimed an emotional condition from workplace demands and sought subpoenas. The Board upheld the subpoena denial. It found two compensable work factors: serving at times as the sole supervisor on Tour 1 and supervising an understaffed maintenance craft. Because OWCP…
P.G., claiming as widow of J.G., and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
P.G. (ECAB 16-1338): Survivor benefit reconsideration denied
A widow sought reconsideration of a survivor claim involving whether her adult children were incapable of self support at the employee’s death. The Board found that she had submitted no pertinent new medical evidence on that issue. It affirmed OWCP’s refusal to reopen the merits.
S.R. and U.S. Postal Service, Post Office, Beltsville, MD
S.R. (ECAB 16-1107): Late shoulder claim reconsideration denied
A postal employee sought reconsideration of a denied right shoulder occupational disease claim. Her request was late, so she had to demonstrate clear evidence of error. The Board found that her argument and submitted medical reports did not meet that demanding standard and affirmed the denial.
O.S. and U.S. Postal Service, Post Office, Spokane, WA
O.S. (ECAB 15-1837): Right arm award remanded for consistent rating
A postal employee sought more than the seven percent right arm impairment previously awarded. The Board identified conflicting OWCP methods for rating upper extremity impairment. It directed OWCP to adopt a consistent method and issue a new decision on the award claim.
Secretary of Labor v. ARJ Construction Company, Inc.
Default entered after repeated nonresponse
ARJ Construction contested one $154 citation at the Taylor No. 1 Mine. Its counsel did not respond to the Secretary's simplified-proceeding disclosures, missed two scheduled conference calls, and failed to contact opposing counsel after saying the company would pay the penalty. Judge Priscilla M…
Secretary of Labor v. Consolidation Coal Company
Hearing limited to narrow flagrant analysis
The Secretary designated an accumulation order at Consolidation Coal's Blacksville No. 2 Mine as a repeated flagrant violation and also alleged an inadequate preshift examination. Judge Jerold Feldman had severed three alleged predicate cases so the hearing could focus on whether the cited…
Bing Materials v. Secretary of Labor and Secretary of Labor v. Bing Materials
Bing Materials v. Secretary of Labor (FMSHRC WEST 2017-68, et al.): Forty-two interrogatories exceeded presumptive limit
Bing Materials contested four enforcement actions involving alleged crane defects, missing task training, intoxicating beverages near the mine office, and missing new-miner training. In discovery, Bing served 42 interrogatories and moved to compel answers to all of them. Judge William B. Moran…
T.B. and U.S. Postal Service, Post Office, Fresno, CA
T.B. (ECAB 16-1807): Overpayment upheld; first deposit fault finding remanded
A postal employee continued receiving wage loss compensation after returning to full time light duty. The Board upheld OWCP’s $36,301.28 overpayment finding. It found her at fault for later deposits, but not for the portion of the first deposit covering work after her return. OWCP must decide…
M.G. and U.S. Postal Service, Post Office, Bellmawr, NJ
M.G. (ECAB 16-1791): Repetitive duty carpal tunnel claim denied
A postal mail handler attributed carpal tunnel syndrome to repetitive work on a sorting machine. The Board found that her physicians did not provide enough medical reasoning to explain how the identified duties caused or aggravated the diagnosed conditions. It affirmed the claim denial.
K.K. and U.S. Postal Service, Cadman Plaza Station, Brooklyn, NY
K.K. (ECAB 16-1642): Neck and shoulder injury claim denied
A postal employee sought acceptance of neck and right shoulder conditions after an October 24, 2014 work incident. The Board accepted the incident but found that the medical reports did not adequately explain how it caused or aggravated the diagnosed conditions. It affirmed OWCP’s denial.
B.B. and Department of Labor, Office of Workers’ Compensation Programs, New York, NY
B.B. (ECAB 16-0814): Right arm award remanded for consistent rating
A DOL employee sought more than the three percent right arm impairment previously awarded. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment under the applicable guide. It directed OWCP to establish a uniform method and decide the award claim again.
R.R. and U.S. Postal Service, Shaker Heights Post Office, Cleveland, OH
R.R. (ECAB 15-0819): Left arm award remanded for consistent rating
A postal employee sought more than the four percent left arm impairment previously awarded. The Board found that OWCP had applied inconsistent upper extremity rating methods. It directed OWCP to establish a uniform method and issue a new decision on the schedule award claim.
M.S. and U.S. Postal Service, Post Office, Chicago, IL
M.S. (ECAB 14-1499): Right arm award remanded for consistent rating
A postal employee sought more than the one percent right arm impairment previously awarded. The Board found conflicting OWCP methods for applying the upper extremity impairment guide. It directed OWCP to adopt a consistent method and issue a new decision.
P.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Detroit, MI
P.R. (ECAB 14-1211): Left arm award remanded for consistent rating
A Veterans Affairs employee sought more than the three percent left arm impairment previously awarded. The Board identified inconsistent OWCP methods for rating upper extremity impairment. It directed OWCP to establish a uniform method and issue a new decision on the award claim.
Secretary of Labor v. Red River Coal Company, Inc.
Unwarrantable designations removed from five orders
The consolidated cases involved coal-dust accumulations, an on-shift examination, an unsafe elevated walkway, accident reporting, alteration of an accident scene, and three settled conditions at Red River Coal's No. 1 Prep Plant. Judge Jerold Feldman affirmed the accident-reporting order, the…
Secretary of Labor v. Portable, Inc.
Fee dispute dismissed after settlement
Portable prevailed in the underlying penalty case when a Commission judge vacated the citation against it. Portable then sought fees under the Equal Access to Justice Act, and the judge awarded the requested $62,217.82 after finding that the Secretary's position was not substantially justified. The…
R.Q. and Department of Transportation, Federal Aviation Administration, Washington, DC
R.Q. (ECAB 17-0283): Headset hearing condition claim denied
An air traffic controller reported ringing and noise in his left ear while using a wireless headset at work. A physician diagnosed tinnitus and other auditory conditions, but did not explain medically how the headset noise caused them. The Board affirmed OWCP’s denial of the claim.
R.W. and U.S. Postal Service, Post Office, Brooklyn, NY
R.W. (ECAB 16-1899): Emotional condition claim after threat denied
A postal carrier reported that a person pointed a gun at him while he delivered packages. A social worker diagnosed acute stress disorder, but her reports did not qualify as physician medical evidence under FECA. No physician evidence supported the claim, and the Board affirmed the denial.
R.H. and U.S. Postal Service, Post Office, Philadelphia, PA
R.H. (ECAB 16-1872): Repetitive duty arm and neck claim denied
A postal mail handler attributed arm, hand, shoulder, and upper back conditions to repeated bending, reaching, pushing, and pulling heavy containers. The Board found that the medical submissions did not adequately explain how those duties caused or aggravated the diagnosed conditions. It affirmed…
M.L. and Department of Energy, Human Resources Management, Washington, DC
M.L. (ECAB 16-1808): Neck injury claim remanded for medical review
A Department of Energy employee claimed neck, back, and shoulder injuries from an accepted July 6, 2015 work incident. Her physician’s reports supported a possible connection to a neck injury but did not fully establish causation. The Board directed OWCP to obtain a specialist’s reasoned opinion…
W.C. and Department of the Army, Civilian Personnel Advisory Center, Fort Drum, NY
W.C. (ECAB 16-1800): Neck and back injury claim denied
An Army telecommunications mechanic reported neck, back, and shoulder injuries after an accepted work incident. The Board found that the submitted medical reports did not adequately explain how that incident caused a diagnosed condition. It affirmed the injury claim denial.
K.K. and U.S. Postal Service, Post Office, Bedford, NY
K.K. (ECAB 16-1348): Lumbar condition claim denied
A postal employee sought acceptance of lumbar conditions following an August 27, 2014 work incident. The Board found that her physicians did not provide a reasoned explanation connecting those conditions to the accepted event. It affirmed the claim denial.
A.B. and U.S. Postal Service, Post Office, Boston, MA
A.B. (ECAB 16-1333): Schedule award reconsideration denied
A postal employee sought reconsideration of a schedule award ruling. The Board found that the request did not show legal error, raise a new relevant legal argument, or supply pertinent new evidence. It affirmed OWCP’s denial of merit review.
Samsson Construction, Incorporated
Scaffold violations affirmed with $30,000 in penalties
Samsson Construction was the general contractor for a Florida retail construction project where employees used an incompletely planked scaffold without required guardrails and climbed the scaffold frame for access. A stucco-crew supervisor knew the planking and guardrail setup did not comply with…
R.J. and U.S. Postal Service, Post Office, Melrose Park, IL
R.J. (ECAB 16-1628): Lumbar occupational disease claim denied
A postal employee attributed lumbar conditions to her work duties. The Board found that the medical reports did not give a reasoned explanation linking those conditions to the duties. One physician instead related the condition to an earlier fall. The Board affirmed the claim denial.
D.D. and Department of the Navy, U.S. Marine Corps, Camp Lejeune, NC
D.D. (ECAB 17-0253): Upper extremity schedule award denied
A Marine Corps employee sought a schedule award for upper extremity impairment. The report supporting a 12 percent rating relied on a diagnostic study that was not in the record, while more recent findings did not support permanent impairment. The Board affirmed OWCP’s denial of the award.
C.C. and Housing & Urban Development, Columbia, SC
C.C. (ECAB 16-1581): Late oral hearing request denied
A Housing and Urban Development employee requested an oral hearing about an additional schedule award after the filing deadline. The Board held that the request was not timely for a hearing as a matter of right. It also found that OWCP reasonably declined discretionary review because…
B.W. and U.S. Postal Service, Post Office, Tampa, FL
B.W. (ECAB 16-1310): Late knee claim reconsideration denied
A postal employee sought reconsideration of a denied left knee occupational disease claim. The request was late, and his submissions did not demonstrate clear evidence of error in the prior decision. The Board affirmed OWCP’s refusal to reopen the merits.
R.C. and U.S. Postal Service, Post Office, Orangeburg, SC
R.C. (ECAB 16-0424): Right arm award remanded for consistent rating
A postal employee sought more than the seven percent right arm impairment previously awarded. The Board found conflicting OWCP methods for rating upper extremity impairment. It directed OWCP to establish a uniform method and issue a new award decision.
T.E. and Department of Homeland Security, Office of Field Operations, Orlando, FL
T.E. (ECAB 15-1864): Right arm award remanded for consistent rating
A Homeland Security employee sought more than the four percent right arm impairment previously awarded. The Board found that OWCP used inconsistent upper extremity rating methods. It directed OWCP to adopt a uniform method and issue a new decision on the schedule award claim.
M.C. and Department of Homeland Security, Philadelphia, PA
M.C. (ECAB 15-1591): Left arm award remanded for consistent rating
A Homeland Security employee sought more than the four percent left arm impairment previously awarded. The Board identified conflicting OWCP methods for rating upper extremity impairment. It directed OWCP to adopt a uniform method and issue a new award decision.
W.D. and U.S. Postal Service, Post Office, Philadelphia, PA
W.D. (ECAB 15-0497): Bilateral arm awards remanded for consistent rating
A postal employee sought more than eight percent left arm and one percent right arm impairment. The Board identified conflicting OWCP methods for rating upper extremity impairment. It directed OWCP to adopt a uniform method and issue a new decision on the awards.
Vickie R. Arline v. Arcilla Mining & Land, LLC
Discrimination complaint dismissed for failure to state a claim
A truck driver at the Sheppard Mine was injured in June 2014 when another truck struck her vehicle, and she was laid off later that year after declining to return to full duty. She filed a Mine Act discrimination complaint arguing she was let go because she had hired an attorney to pursue her…
G.M. and U.S. Postal Service, Post Office, San Francisco, CA
G.M. (ECAB 16-1766): Injury claim remanded to consider received report
A postal employee sought reconsideration of a denied injury claim. OWCP said it had received no new medical report, but its records showed a physician’s report arrived one day before the decision. The Board directed OWCP to consider that report and issue a new decision.
E.Z. and U.S. Postal Service, Post Office, Pittsburgh, PA
E.Z. (ECAB 16-1744): Carpal tunnel claim reconsideration denied
A postal employee sought reconsideration of a denied bilateral carpal tunnel claim linked to sorting mail. The Board found that the request raised no new legal point and largely repeated material already considered. It affirmed OWCP’s denial of merit review.
M.K. and U.S. Postal Service, Post Office, Miami, FL
M.K. (ECAB 16-1676): Compensation reduction for rehabilitation refusal upheld
A postal employee did not continue vocational rehabilitation without good cause. OWCP reduced compensation using the wage earning capacity of a receptionist. The Board found the reduction supported by the record and affirmed it, noting that compliance could be taken up with OWCP.
M.H. and U.S. Postal Service, Post Office, Newburyport, MA
M.H. (ECAB 16-1209): Wage loss overpayment and recovery upheld
A postal letter carrier received wage loss compensation for days after returning to full time work. That created a $765.22 overpayment. Although OWCP found him without fault, he did not provide financial documents to support a waiver. The Board upheld the overpayment and waiver denial.
J.B. and U.S. Postal Service, Post Office, Brookville, FL
J.B. (ECAB 16-1173): Adjustable bed request remanded for medical review
A postal employee requested an adjustable orthopedic bed for accepted conditions. The OWCP medical adviser did not address how the bed might affect the accepted carpal tunnel and bilateral ulnar nerve conditions. The Board directed OWCP to obtain a specialist opinion and issue a new decision.
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.