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.D. and Department of Justice, Immigration & Naturalization, Rio Grande City, TX
A.D. (ECAB 16-0841): Impairment claim remanded to resolve medical conflict
A former immigration employee sought a schedule award for permanent impairment. The Board found conflicting examination findings from the employee’s physician and OWCP’s second opinion physician about lower extremity impairment. It directed OWCP to obtain an impartial specialist’s opinion before a…
Accurate Elevator Fire Door Corp.
Citations affirmed after contest dismissed by default
OSHA cited Accurate Elevator Fire Door after an elevator technician was struck by falling brick while working below façade work and later died. The citation alleged inadequate hazard instruction and failure to protect employees from falling objects. After contesting, Accurate repeatedly failed to…
L.P. and U.S. Postal Service, Post Office, Providence, RI
L.P. (ECAB 15-0929): Left arm award remanded for consistent rating
A postal employee sought more than the 14 percent left arm impairment previously awarded. The Board found 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.
R.W. and U.S. Postal Service, Post Office, Cleveland, OH
R.W. (ECAB 15-0733): Bilateral arm impairment ruling remanded
A postal employee contested a rating of one percent left arm and zero percent right arm impairment. The Board found conflicting OWCP methods for rating upper extremity impairment. It directed OWCP to establish a consistent method and issue a new decision.
Secretary of Labor v. Sims Crane, Inc.
Amicus participation limited to compliant applicants
Numerous crane-industry companies and organizations sought to support Sims Crane during Commission review. Twenty-four filed notices but never submitted the required motions, so the Commission denied them amicus status. Twelve applicants filed compliant motions and short briefs, and the Commission…
G.B. and Department of Veterans Affairs, Veterans Health Administration, Prescott, AZ
G.B. (ECAB 16-1295): Bilateral knee claim denial affirmed
A Veterans Affairs information technology specialist said walking and climbing stairs at work aggravated her knees. OWCP accepted those work activities as factual. The Board found that her medical evidence did not adequately explain how those activities caused or aggravated the diagnosed…
Russell J. Robinson v. Electric Boat Corporation
Robinson v. Electric Boat (BRB 16-0369): state settlement payment kept occupational disease claim timely
Russell Robinson had worked as a welder for Electric Boat, where he was exposed to asbestos, and was later diagnosed with lung cancer. He received a Connecticut workers' compensation settlement in December 2012 and filed a Longshore Act claim in October 2013. Electric Boat argued that the federal…
C.M. and Department of the Navy, U.S. Naval Academy, Annapolis, MD
C.M. (ECAB 17-0310): Increased schedule award request remanded
A Naval Academy painter sought a larger schedule award after reporting that her accepted cervical condition had worsened. OWCP treated her submission as an untimely request to reconsider an earlier award. The Board found that new evidence of possible increased impairment called for a decision on an…
C.S. and Department of Homeland Security, Customs & Border Protection, Newark, NJ
C.S. (ECAB 17-0156): Reconsideration request deemed timely
OWCP rejected a Customs and Border Protection employee’s reconsideration request as late. The Board found that the one year deadline fell on a Saturday, making the following Monday the last day. OWCP received the request on that Monday, May 2, 2016. The Board set aside the denial and remanded for…
M.A. and U.S. Postal Service, Post Office, San Diego, CA
M.A. (ECAB 17-0003): Timely reconsideration request remanded
A postal letter carrier requested reconsideration of a denied injury claim. OWCP rejected her request as untimely and applied the clear evidence of error standard. The Board found that OWCP had received it on May 27, 2016, within one year of the May 29, 2015 merits decision. It set aside the August…
D.M. and U.S. Postal Service, Post Office, Macclesfield, NC
D.M. (ECAB 16-1885): Back injury claim denial affirmed
A postal rural carrier reported lower back pain after handling mail trays during work on May 27, 2016. OWCP accepted that the incident occurred. The Board found that the medical reports did not adequately explain how the incident caused or aggravated a diagnosed back condition. It affirmed OWCP’s…
K.L. and Department of Health & Human Services, Administration for Children & Families, Washington, DC
K.L. (ECAB 16-1474): Reconsideration denial lacked findings
OWCP denied a Health and Human Services employee’s request to reconsider her claim. The request consisted only of a checkmark on a form, but OWCP had received new medical evidence after the initial claim denial and before its reconsideration decision. The Board found that OWCP failed to discuss…
J.G. and U.S. Postal Service, Post Office, Syosset, NY
J.G. (ECAB 16-1318): Claimed disability after back injury denied
A postal distribution clerk sought compensation for disability beginning December 10, 2007 after an accepted October 2007 back injury. The Board found that the medical reports did not adequately explain why the accepted injury disabled her during the claimed period. It also found no qualifying…
J.J. and U.S. Postal Service, Post Office, Philadelphia, PA
J.J. (ECAB 16-0523): Bilateral arm award ratings remanded
A postal clerk contested schedule award ratings of five percent right arm and three percent left arm impairment. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment under the sixth edition of the impairment guides. It set aside OWCP’s October 29, 2015…
D.M. and U.S. Postal Service, Post Office, Birmingham, AL
D.M. (ECAB 16-0196): Left arm award rating remanded
A postal employee sought a schedule award above the 10 percent left arm impairment already awarded. The Board found that OWCP had inconsistently applied diagnosis based and range of motion rating methods to upper extremity claims. It set aside OWCP’s September 15, 2015 decision and remanded for…
R.M. and U.S. Postal Service, Post Office, Denver, CO
R.M. (ECAB 14-1720): Right arm award rating remanded
A postal letter carrier sought an additional right arm schedule award after receiving an eight percent impairment award in 2003 under an earlier claim. OWCP denied the additional award, and its hearing representative affirmed that denial in February 2014. The Board found that OWCP had used…
N.O. and U.S. Postal Service, Post Office, Portland, ME
N.O. (ECAB 14-1276): Right arm award rating remanded
A postal rural carrier sought more than a six percent right arm impairment award after an accepted shoulder injury. The Board found that OWCP had applied inconsistent methods for rating upper extremity impairment. It set aside OWCP’s April 4, 2014 decision and remanded for reassessment once a…
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69 D): Temporary reinstatement did not require higher pay
Aaron Anderson was temporarily reinstated after his discharge from A&G Coal's Strip No. 12 Mine. After that mine was idled, some employees transferred to the Bishop mine at a higher pay rate, while Anderson was placed in a similar rock-truck job at an A&G reclamation site with his former $16.50…
Vinayagam v. Cronous Solutions, Inc.
Vinayagam v. Cronous Solutions (DOL ARB 2015-0045): Denial of additional H-1B wages affirmed
Nithya Vinayagam, an H-1B worker, sought wages from Cronous Solutions for March 2009 through September 2010 after her employment ended. An earlier settlement covered wages through February 2009 and return travel costs; her appeal concerned only later wages. The Board found no disputed fact that…
Gupta v. Headstrong, Inc.
Gupta v. Headstrong (DOL ARB 2015-0032): Reconsideration request denied
Arvind Gupta brought an H-1B visa program complaint against Headstrong. The Board affirmed the judge's dismissal of the case on January 26, 2017 and found Headstrong's cross-appeal moot. Gupta then asked the Board to reconsider. The Board denied the motion because it identified no new facts, change…
S.S. and U.S. Postal Service, Post Office, Baker, LA
S.S. (ECAB 17-0057): Mail tray incident finding remanded
A postal employee claimed an injury during a January 2013 mail tray incident. After an earlier remand, OWCP accepted the supervisor’s account but still found that no work incident was established. The Board held that OWCP had to recognize the incident described by the supervisor and then assess the…
G.H. and Department of Labor, Occupational Safety and Health Administration, Washington, DC
G.H. (ECAB 17-0030): Reconsideration denial affirmed
A Labor Department employee requested reconsideration of an occupational disease claim. He repeated an argument about the medical opinion that had already been considered. The Board found that his submission did not satisfy the standard for reopening the claim for merit review. It affirmed OWCP’s…
K.L. and U.S. Postal Service, Post Office, Stevensville, MT
K.L. (ECAB 16-1721): Reconsideration denial affirmed
A postal rural carrier sought reconsideration of her denied bilateral knee claim. She submitted a doctor’s report that largely repeated earlier opinions without explaining how her work duties caused or aggravated the condition. The Board found no new and relevant evidence requiring merit review. It…
C.K. and Department of Veterans Affairs, Louis Stokes Cleveland Medical Center, Cleveland, OH
C.K. (ECAB 16-1623): Knee claim denial affirmed with changed reasoning
A Veterans Affairs podiatrist alleged that repeated sitting, standing, and walking at work aggravated her knee condition. OWCP had denied the claim because it found the asserted work factors unproven. The Board found those duties established but concluded that the medical evidence did not…
J.B. and U.S. Postal Service, Post Office, Houston, TX
J.B. (ECAB 16-1284): Bilateral knee claim denial affirmed
A retired postal supervisor said walking and prolonged standing at work caused a bilateral knee condition. OWCP accepted those activities as factual. The Board found that the physician’s opinion did not adequately explain how the work caused or aggravated the condition and did not sufficiently…
G.R. and Department of Transportation, Federal Aviation Administration, Long Beach, CA
G.R. (ECAB 16-0928): Stair climbing back claim denied
An air traffic control specialist said climbing 194 stairs to reach his work area during an elevator outage caused a lumbar condition. The Board accepted that he climbed the stairs. It also held that his chiropractor’s report was competent medical evidence, but found it insufficiently reasoned to…
B.P. and U.S. Postal Service, Post Office, Cincinnati, OH
B.P. (ECAB 15-0022): Right arm award rating remanded
A postal employee sought a schedule award above the 28 percent right arm impairment already awarded. The Board found that OWCP had applied inconsistent methods for rating upper extremity impairment. It set aside OWCP’s September 8, 2014 decision and remanded for reassessment under a uniform method.
W.B. and U.S. Postal Service, Post Office, Los Angeles, CA
W.B. (ECAB 14-1509): Right arm award rating remanded
A postal motor vehicle operator contested an eight percent right arm impairment award after a shoulder injury. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s May 13, 2014 decision and remanded for reassessment under a uniform…
Secretary of Labor v. Buckley Powder Company
Backup alarm violation upheld but S&S finding vacated
Buckley Powder Company was a blasting contractor at the North Troy Quarry, a surface mine in Oklahoma. An MSHA inspector asked a driver to put a dewatering truck in reverse, the backup alarm did not sound, and the inspector issued a citation designating the violation significant and substantial…
M.H. and U.S. Postal Service, Post Office, Columbus, OH
M.H. (ECAB 16-1428): Left ankle schedule award denial affirmed
A postal employee sought a schedule award for permanent left ankle impairment after an accepted work injury. Her attending physician rated the impairment at four percent, while OWCP’s referral physician found none. OWCP obtained an impartial examination to resolve that conflict. The Board credited…
T.B. and U.S. Capitol Police, Washington, DC
T.B. (ECAB 16-1274): Abandoned hearing finding affirmed
A Capitol Police employee disputed OWCP’s finding that she abandoned her oral hearing request. The Board found that OWCP mailed the hearing notice to her known address more than 30 days before the scheduled call. She did not appear, request postponement, or explain her absence within 10 days. The…
D.C. and Department of Veterans Affairs, Veterans Canteen Service, Battle Creek, MI
D.C. (ECAB 16-1143): Disability recurrence claim denied
A Veterans Affairs food service worker claimed a new period of disability beginning March 20, 2015 from an accepted 1998 injury. The Board found that the evidence did not adequately establish that the accepted conditions caused the claimed disability while she worked in a limited duty position. It…
M.T. and Department of Defense, Defense Commissary Agency, Fort Sam Houston, TX
M.T. (ECAB 16-0927): Home stair fall held outside duty
A Defense Commissary Agency employee fell on the stairs at home while carrying a box of work materials. He claimed he was moving telework items to the office as directed. The Board found no evidence that his supervisor authorized that activity as part of his duties at the time of the fall. It…
J.O. and U.S. Postal Service, Post Office, Saint Charles, IL
J.O. (ECAB 16-0805): Left arm award rating remanded
A postal employee sought a schedule award above the five percent left arm impairment already awarded. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s February 3, 2016 decision and remanded for reassessment under a uniform method.
D.F. and Department of the Interior, Bureau of Land Management, Boise, ID
D.F. (ECAB 15-0403): Right arm award rating remanded
A Bureau of Land Management employee sought more than a 38 percent right arm impairment award after a shoulder injury. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s November 18, 2014 decision and remanded for reassessment under a…
K.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL
K.H. (ECAB 14-1683): Left arm award rating remanded
A Veterans Affairs recreational assistant sought more than a three percent left arm impairment award after an accepted shoulder injury. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s July 11, 2014 decision and remanded for…
Secretary of Labor obo Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor obo Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69-D): Layoff did not toll a miner's temporary reinstatement
A haul truck driver at a Virginia surface coal mine complained over the CB radio that dust was blocking his visibility, then collided with another truck he said he could not see. The company fired him three days later, and he filed a discrimination complaint. An ALJ ordered him temporarily…
Y.D. and U.S. Postal Service, Post Office, Carson, CA
Y.D. (ECAB 16-1896): Claimed total disability denied
A postal city carrier sought compensation for total disability from January 29 through April 15, 2016 after an accepted mail truck accident. The Board found the medical evidence insufficient to establish that the accepted injuries prevented all work during that period. It affirmed OWCP’s June 24…
N.F. and U.S. Postal Service, Post Office, Paterson, NJ
N.F. (ECAB 16-1856): Disability recurrence denial affirmed
A postal carrier claimed disability from February 2010 through August 2012 after an accepted 2005 lumbar strain. The employing agency had withdrawn one limited duty position and offered another. The Board found that the evidence did not establish disability caused by the accepted injury during the…
D.L. and U.S. Postal Service, Post Office, Summerville, SC
D.L. (ECAB 16-1661): Two injury claim denials affirmed
A postal rural carrier sought compensation for claimed injuries from work incidents on May 8 and June 18, 2014. The Board accepted that both incidents occurred. It found that the medical evidence did not adequately link a diagnosed condition to either event. It affirmed OWCP’s denials of both…
S.H. and U.S. Postal Service, Network Distribution Center, Denver, CO
S.H. (ECAB 15-1925): Right arm award rating remanded
A postal tractor trailer operator sought a schedule award above the two percent right arm impairment already awarded. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s April 8, 2015 decision and remanded for reassessment under a…
J.T. and U.S. Postal Service, Northeast Annex, Springfield, IL
J.T. (ECAB 15-1330): Left arm award rating remanded
A postal carrier sought a schedule award above the two percent left arm impairment already awarded for an accepted shoulder condition. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s May 5, 2015 decision and remanded for…
V.A. and U.S. Postal Service, Post Office, Chicago, IL
V.A. (ECAB 14-1621): Bilateral arm award ratings remanded
A postal mail handler sought awards above 11 percent right arm and three percent left arm impairment. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s July 1, 2014 decision and remanded for reassessment under a uniform method.
E.N. and U.S. Postal Service, Newark Air Mail Center, Newark, NJ
E.N. (ECAB 14-0471): Right arm award rating remanded
A postal employee sought a schedule award above the four percent right arm impairment already awarded. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s September 27, 2013 decision and remanded for reassessment under a uniform method.
J.R. and Department of Homeland Security, Transportation Security Administration, Tulsa, OK
J.R. (ECAB 16-1876): Recurrence and reconsideration denials affirmed
A Transportation Security Administration employee claimed disability beginning February 3, 2016 from an accepted 2013 right shoulder injury. The Board found that the medical evidence did not connect the new claimed disability to that injury. It also upheld OWCP’s refusal to reopen the claim for…
T.F. and U.S. Postal Service, Post Office, Franklin Square, NY
T.F. (ECAB 16-1873): Abandoned telephone hearing finding affirmed
A postal employee missed a scheduled telephone hearing about the suspension of wage loss benefits. OWCP had mailed notice more than 30 days before the hearing. The Board found that she did not timely seek a postponement or adequately explain the absence under the hearing rules. It affirmed OWCP’s…
R.E. and U.S. Postal Service, Post Office, Portland, ME
R.E. (ECAB 16-1568): Claimed total disability denied
A postal employee sought compensation for total disability from March 22 through April 4, 2014 after accepted employment injuries. The Board found that the medical evidence did not establish that the accepted conditions prevented all work in that period. It affirmed OWCP’s June 8, 2016 decision.
B.Y. and U.S. Postal Service, Post Office, Port Chester, NY
B.Y. (ECAB 16-1300): Shoulder and neck injury claim denied
A postal employee slipped on ice at work and reported left shoulder and neck pain. OWCP accepted that the fall occurred. The Board found that the medical reports did not adequately explain how the fall caused the claimed injuries. The later appearance of symptoms alone did not establish causation…
S.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
S.H. (ECAB 16-1227): Cervical condition claim denied
A postal employee attributed a cervical condition to mail sorting and other repetitive duties. Her physician diagnosed cervical radiculopathy and generally linked it to work. The Board found that his reports did not adequately explain how the specified duties caused or aggravated the condition. It…
Employment 2000 Corp.
Late contest dismissed and settlement left unapproved
OSHA mailed Employment 2000 a five-item serious citation with proposed penalties totaling $25,200, and a sales manager signed for it. The company filed its notice of contest months after the statutory deadline and did not show excusable neglect despite receiving another opportunity after a…
H.E. and U.S. Postal Service, Post Office, Cleveland, OH
H.E. (ECAB 15-0376): Schedule award denial remanded
A postal employee challenged OWCP’s denial of a schedule award. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s September 3, 2014 decision and remanded for reassessment under a uniform method.
C.M. and Department of Labor, Office of Workers’ Compensation Programs, Dallas, TX
C.M. (ECAB 15-0219): Bilateral arm award ratings remanded
A Labor Department claims examiner sought awards above five percent right arm and three percent left arm impairment. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s April 30, 2014 decision and remanded for reassessment under a…
D.G. and U.S. Postal Service, Post Office, Beachwood, OH
D.G. (ECAB 15-0206): Right arm award rating remanded
A postal employee sought a schedule award above the one percent right arm impairment already awarded. The Board found that OWCP had used inconsistent methods for rating upper extremity impairment. It set aside OWCP’s September 5, 2014 decision and remanded for reassessment under a uniform method.
Swint v. NetJets Aviation, Inc.
Swint v. NetJets Aviation (DOL ARB 2017-0012): Early appeal dismissed
John Swint sought Board review after an administrative law judge dismissed twelve of his aviation whistleblower claims but set two others for a hearing. The Board recognized that the judge's order included a notice of appeal rights, making Swint's petition understandable. Because the judge had not…
K.D. and U.S. Postal Service, Post Office, Lyndhurst, NJ
K.D. (ECAB 16-1864): Conflicting incident accounts defeat claim
A postal employee claimed an injury during an April 7, 2014 workplace encounter. The Board found conflicting accounts of the event in his statements and medical records. Because the record did not establish that the incident occurred as alleged, it affirmed OWCP’s May 10, 2016 denial.
N.M. and U.S. Postal Service, Post Office, Indianapolis, IN
N.M. (ECAB 16-1858): Earlier wage capacity modification denied
A postal employee sought to change a 1996 loss of wage earning capacity determination for a period before January 30, 2009. OWCP had already modified that determination beginning on that date after lumbar surgery. The Board found that the evidence did not support an earlier modification. It…
K.N. and U.S. Postal Service, Post Office, Eagleville, PA
K.N. (ECAB 16-1735): Shoulder benefit termination affirmed
A postal employee contested the termination of benefits for an accepted right shoulder strain. The Board credited a referral physician’s examination finding that the strain had resolved without residuals. It also found that the employee had not established a continuing work related condition or…
J.C. and U.S. Postal Service, Eagle Rock Station, Los Angeles, CA
J.C. (ECAB 16-1649): Left knee disease claim remanded
A postal carrier claimed that decades of carrying mail and other duties aggravated degenerative joint disease in his left knee. His physician gave a detailed account of the duties and how they could affect the knee. The Board found the opinion insufficient to prove the claim by itself but strong…
E.C. and Defense Logistics Agencies, Fort Belvoir, VA
E.C. (ECAB 16-1334): Workplace chair fall claim remanded
A Defense Logistics employee fell from a rolling chair at work. OWCP treated the fall as caused solely by a personal medical condition. The Board found that OWCP had not proved that explanation and that the chair and floor mat could have contributed. It set aside OWCP’s May 12, 2016 denial and…
S.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Miami, FL
S.J. (ECAB 16-1162): Left leg impairment rating remanded
A Veterans Affairs employee sought an additional schedule award for left lower extremity impairment. The Board found that one physician used the wrong rating guide and OWCP’s medical adviser did not adequately explain his own rating under the required guide. It set aside OWCP’s March 15 and April…
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.