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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Gary R. Albright v. Cooney Brothers Coal Company and Rockwood Casualty Insurance Company
Albright v. Cooney Brothers Coal (BRB 24-0193 BLA): black lung benefits award affirmed
Gary R. Albright sought black lung benefits after more than 15 years of qualifying coal mine work. The administrative law judge found total respiratory disability and applied the Section 411(c)(4) presumption. Cooney Brothers Coal argued that it had rebutted the presumption with a doctor's opinion…
Daniel R. Fitch v. UMI, LLC and CNA Insurance Carrier
Fitch v. UMI (BRB 24-0184 BLA): black lung benefits award affirmed
Daniel R. Fitch sought black lung benefits after at least fifteen years of qualifying coal mine work. An administrative law judge awarded benefits on modification, finding that Fitch was totally disabled and had invoked the Section 411(c)(4) presumption. UMI challenged the judge's reading of a…
Steven B. Lester v. Island Creek Coal Company
Lester v. Island Creek Coal (BRB 24-0183 BLA): black lung benefits award affirmed
Steven B. Lester sought black lung benefits after twenty years of qualifying coal mine work. A previous judge denied benefits because Lester had not established a totally disabling respiratory impairment. On modification, a second judge credited newer lung function testing and medical evidence…
Paul Zapata Coronado v. Constellis Group/Triple Canopy, Incorporated and Continental Insurance Company
Zapata Coronado v. Constellis Group (BRB 23-0457): denial of psychological injury benefits affirmed
Paul Zapata Coronado worked as an armed security guard in Iraq and sought benefits for alleged psychological injury and hearing loss. The judge found that the employer rebutted the presumption linking the alleged injuries to work, then denied benefits after weighing the evidence. On appeal, Zapata…
T.P. and Department of Homeland Security, Federal Law Enforcement Training Center
Board returns mold-exposure asthma claim for clarification (ECAB 25-0381)
A federal training-center employee attributed asthma to mold exposure at work. OWCP's second-opinion physician suggested the exposure might have temporarily aggravated his asthma but did not give a clear causation answer. The Board directed OWCP to obtain a supplemental opinion and issue a new…
I.D. and U.S. Postal Service, Nashville Main Office Window Post Office
Board upholds denial of arm claim and continuation of pay (ECAB 25-0372)
A postal worker claimed a left hand and wrist condition after repetitive work activities and sought continuation of pay. The Board found the medical evidence did not adequately connect a condition to the accepted incident. It also found she had not established the requirements for continuation of…
T.N. and U.S. Postal Service, Fredericksburg Main Post Office
Board returns postal worker disability claim for medical-adviser report (ECAB 25-0366)
A postal worker sought wage-loss benefits beginning in August 2024 after an accepted injury. OWCP authorized a district medical adviser to review the evidence but issued its decision before obtaining the adviser's report. The Board returned the claim so the adviser could address the claimed…
M.P. and Department of Veterans Affairs, Jamaica Plain VA Medical Center
Board returns VA worker disability claim for specialist opinion (ECAB 24-0683)
A VA worker claimed disability for several months in 2022 after an accepted injury. The Board found his treating physician's report warranted additional medical development, even though it did not resolve the claim by itself. It directed OWCP to obtain a reasoned specialist opinion about the…
B.M. and U.S. Postal Service, Hamilton Post Office
Board returns postal worker arm impairment for adviser review (ECAB 22-1161)
A postal carrier sought a higher right upper extremity schedule award. She submitted a physician's new impairment report, but OWCP did not send it to a district medical adviser as required by its procedures. The Board returned the claim for that review and a new decision.
P.T. and U.S. Postal Service, Edinboro Post Office
Board reverses postal worker dependent-benefit overpayment (ECAB 22-0802)
A postal worker received augmented compensation based on an eligible dependent child. OWCP said the son no longer qualified, but the record showed he continued full-time graduate study after turning 23 during a term. The Board found OWCP had not determined when that term ended and had not proved…
Jamie L. Billiter v. Paramont Contura, LLC
Billiter v. Paramont Contura (BRB 24-0335 BLA): black lung benefits award affirmed
Jamie L. Billiter sought black lung benefits after 38 years of qualifying coal mine work. The judge found complicated pneumoconiosis based on chest x-rays and a medical opinion, then awarded benefits under the irrebuttable presumption in Section 411(c)(3). Paramont Contura argued that the judge had…
Ahmad Shah Mir Sahib Khan v. Alliance Project Services and Insurance Company of the State of Pennsylvania
Khan v. Alliance Project Services (BRB 23-0320): medical expense reimbursement remanded
Ahmad Shah Mir Sahib Khan sought Defense Base Act benefits after an explosion injured him while he worked for Alliance Project Services in Afghanistan. The judge awarded temporary disability compensation, future medical treatment, and reimbursement of $38,838.71 in past medical expenses. The…
J.F. and U.S. Postal Service, Hamilton-Fairfield Post Office
Board dismisses postal worker appeal filed one day late (ECAB 25-0379)
A postal worker appealed a September 12, 2024 OWCP decision on March 12, 2025. The Board calculated that the 180-day deadline expired March 11. With no documented compelling circumstances for late filing, it dismissed the appeal for lack of jurisdiction.
M.M. and Department of the Air Force, Tinker Air Force Base
Board upholds denial of late Air Force reconsideration request (ECAB 25-0369)
An Air Force sheet metal patternmaker sought reconsideration of a 2020 claim denial. His later request exceeded the one-year filing period. The Board found that his general allegation that evidence was lost or overlooked did not show clear error on the face of OWCP's decision.
K.S. and Department of Homeland Security, U.S. Immigration and Customs Enforcement
Board upholds refusal to reopen investigator claim (ECAB 25-0339)
An ICE investigator sought reconsideration after OWCP suspended compensation because he missed a second-opinion examination. He said he had not received notices while away from home. The Board found that his request did not meet the requirements for reopening the merits and upheld the refusal.
J.F. and U.S. Postal Service, Processing & Distribution Center/Facility
Board returns part of postal worker overpayment for waiver review (ECAB 23-0800)
A postal worker received augmented wage-loss compensation after her spouse ceased to qualify as a dependent. The Board upheld the $29,530.89 overpayment but found she was without fault from September 17 through October 14, 2017. It found her at fault for the later period and returned the early…
Gregory H. Miniard, Sr. v. Shamrock Coal Company, Incorporated
Miniard v. Shamrock Coal (BRB 24-0329 BLA): black lung benefits denial affirmed
Gregory H. Miniard, Sr., appealed without a representative after a judge denied his black lung benefits claim on remand. The judge counted 9.275 years of qualifying coal mine work, including some coal laboratory work, which was below the fifteen years needed for the Section 411(c)(4) presumption…
Claudette S. Mann (Widow of Bobby D. Mann) v. Turner Brothers, Incorporated and Old Republic Insurance Company
Mann v. Turner Brothers (BRB 24-0281 BLA): survivor benefits award partly vacated
Claudette S. Mann sought survivor benefits after the death of her husband, coal miner Bobby D. Mann. The judge awarded benefits after finding more than fifteen years of qualifying mine work, total respiratory disability, and no rebuttal of the Section 411(c)(4) presumption. Turner Brothers argued…
Eduardo Caicedo Bustamante v. SOC, LLC and Continental Insurance Company
Caicedo Bustamante v. SOC (BRB 23-0414): denial of hearing and psychological injury benefits affirmed
Eduardo Caicedo Bustamante worked as a security guard in Iraq and claimed work-related hearing loss and psychological injury. The judge found that SOC rebutted the presumption connecting the claimed conditions to work, then denied benefits after weighing conflicting medical evidence. The Board…
Rosalie P. Hodge (Widow of Alexander Hodge) v. Dee Engineering Company and Argonaut Insurance Company
Hodge v. Dee Engineering (BRB 23-0332): attorney fee order affirmed
Rosalie P. Hodge settled a Longshore Act claim arising from her husband's alleged workplace exposure to asbestos and other materials. Her counsel then sought attorney fees and costs, which the judge awarded in a lower amount than requested. The judge excluded work performed before other tribunals…
R.G. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol
Board upholds denial of border agent knee impairment award (ECAB 25-0390)
A Border Patrol agent sought a schedule award after an accepted left knee injury. The Board found the medical evidence did not establish ratable permanent impairment. It also found that his reconsideration request did not meet the requirements to reopen the merits.
F.J. and Department of Energy, National Nuclear Security Administration, Office of Secure Transportation
Board upholds denial of courier hearing-loss schedule award (ECAB 25-0378)
A federal nuclear material courier had accepted work-related hearing loss and tinnitus. The Board found that audiometric testing did not show hearing loss severe enough for a schedule award under the applicable impairment guide. Without ratable hearing loss, tinnitus could not increase the award.
S.P. and U.S. Postal Service, Kilmer Sorting & Delivery Center
Board upholds postal worker overpayment and waiver denial (ECAB 25-0374)
A postal maintenance mechanic received FECA wage-loss compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board found her without fault but upheld the $17,186.79 overpayment. It also upheld denial of waiver and the scheduled…
D.T. and Department of Homeland Security, Transportation Security Administration
Board upholds TSA worker overpayment and recovery (ECAB 25-0364)
A TSA worker received FECA wage-loss benefits and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld the overpayment and found that OWCP properly rejected a late prerecoupment hearing request. It also upheld denial of waiver and the…
C.J. and Department of Veterans Affairs, Corporal Michael J. Crescenz VA Medical Center
Board upholds denial of VA cook wage-loss claim (ECAB 25-0147)
A VA cook had an accepted cervical injury and sought wage-loss benefits for time away from work beginning May 30, 2023. The Board found that the medical record did not adequately establish that the accepted injury caused disability during the claimed period. It upheld the denial.
National Labor Relations Board Union and National Labor Relations Board
National Labor Relations Board Union and NLRB (FLRA 0-AR-5973): Authority upholds dismissal of probationary appraisal grievance
The National Labor Relations Board Union challenged a probationary attorney's performance appraisal and minimally successful efficiency rating, which resulted in a step increase rather than a grade promotion. An arbitrator found that the parties' grievance procedure excluded performance-appraisal…
Secretary of Labor v. Kiewit Mining Group
Unexplained address lapse defeated reopening
The Postal Service could not deliver Kiewit's proposed assessment because the company had moved without leaving a forwarding address. Kiewit cited a corporate-office miscommunication but did not say when the move occurred or explain why repeated quarterly prompts had not led it to update its MSHA…
Secretary of Labor v. Mitsubishi Cement Corporation
Duplicate mailing confusion supported reopening
Mitsubishi prepared two similar packages containing its contest form for 13 citations. One package also held the payment check and went to MSHA's St. Louis lockbox, while the other held a check copy and was sent to Arlington, but MSHA did not receive the Arlington contest. The Secretary did not…
Secretary of Labor v. Holcim (US) Incorporated
Temporary mail staffing supported reopening
Holcim's plant and safety managers did not receive an assessment covering 17 citations after the administrative assistant responsible for mail was terminated. A temporary employee handled mail along with other duties, and the safety manager discovered the assessment while checking MSHA's database…
Matter of Zaid ISKANDARANI
Appeal deadline tied to oral decision
The Board denied a respondent's motion to reconsider its dismissal of his appeal as untimely. The respondent argued that his 30-day appeal period should have started when the Immigration Court mailed a memorandum summarizing the Immigration Judge's oral decision. The Board held that the period…
Denver Brock v. Unicorn Mining Incorporated and Old Republic Insurance Company
Brock v. Unicorn Mining (BRB 24-0174 BLA): benefits award remanded for x-ray review
Denver Brock sought black lung benefits after 21.70 years of underground mine work. The judge awarded benefits after finding complicated pneumoconiosis, which would trigger an irrebuttable presumption of total disability due to the disease. Unicorn Mining challenged how the judge weighed the chest…
Mark O. Dotson v. A & M Coal Corporation, Incorporated and Kentucky Employers' Mutual Insurance
Dotson v. A & M Coal (BRB 24-0057 BLA): benefits denial remanded for medical opinion review
Mark O. Dotson appealed without a representative after a judge denied his black lung benefits claim. The parties agreed he had more than fifteen years of qualifying coal mine work, but the judge found he had not proved a totally disabling respiratory impairment. The Board affirmed her finding that…
K.K. and Department of Homeland Security, Transportation Security Administration
Board upholds denial of travel reimbursement and therapy (ECAB 25-0371)
A TSA worker sought reimbursement for travel related to medical care and authorization for physical therapy. The Board found that OWCP properly denied the travel requests for the claimed periods. It also found the record did not establish that the requested therapy was medically necessary or…
R.S. and U.S. Postal Service, Dallas Texas Processing & Distribution Center
Board upholds time bar on postal respiratory claim (ECAB 25-0356)
A retired postal mail handler attributed breathing problems to workplace exposure. The Board found that he filed after the applicable time limit and had not shown the required timely notice or supervisor knowledge. It upheld the denial as time-barred.
D.T. and Department of Homeland Security, Customs and Border Protection
Board returns eye impairment claim for a new rating (ECAB 25-0354)
A Customs and Border Protection air interdiction agent sought more than a 22 percent right-eye schedule award following a plane crash. The Board found that the medical adviser had used a vision measurement that did not apply the proper FECA standard. It directed OWCP to obtain a new opinion…
S.K. and U.S. Postal Service, Lower Paxton Post Office
Board upholds denial of postal worker medical claim (ECAB 25-0337)
A postal worker claimed an occupational medical condition related to her work duties. The Board found that the medical reports did not adequately connect a diagnosed condition to the accepted employment factors. It upheld the claim denial.
M.A. and Department of Veterans Affairs, Providence VA Medical Center
Board returns VA nurse injury claim for causation review (ECAB 25-0303)
A VA nurse reported a throat and arm injury following a work incident. The Board found medical evidence diagnosing left anterior neck blunt trauma. It returned the claim to OWCP to decide whether the accepted incident caused that condition.
Secretary of Labor v. Cook Stone Company, LLC
Counsel's case mix-up excused
Cook Stone promptly sent its assessment to outside counsel with instructions to contest it. An attorney confused the assessment with another operator's matter and mistakenly reported that Cook Stone's contest had been filed. Cook Stone had already filed pre-penalty contests for the five citations…
Tyson v. R.E. Garrison Trucking, Inc.
STAA matter closed after extended petition deadline missed
Ricky Tyson sought more time to petition for review after an administrative judge dismissed his STAA complaint for failure to prosecute and comply with orders. The Board found good cause and extended the petition deadline from March 11 to March 14, 2025, while warning that no further extension…
L.A. and U.S. Postal Service, New Orleans Post Office
Board recognizes knee diagnosis and returns postal claim (ECAB 25-0368)
A postal worker reported a knee injury after a November 2024 work incident. The Board found that medical evidence established a lateral meniscus tear. It returned the claim so OWCP could decide whether the accepted incident caused the diagnosed condition.
C.G. and U.S. Postal Service, Processing & Distribution Center
Board dismisses appeal from informational OWCP letter (ECAB 25-0360)
A postal worker appealed a March 2025 OWCP letter asking the employer about light-duty work. The Board found the letter did not decide her claim or otherwise constitute a final adverse decision. Without an appealable decision, it dismissed the appeal for lack of jurisdiction.
M.T. and U.S. Postal Service, Richmond Post Office
Board upholds denial of postal worker pay continuation and ankle claim (ECAB 25-0358)
A postal mail clerk sought continuation of pay and compensation for a left-ankle condition after a June 2024 workplace incident. The Board found she did not establish the requirements for continuation of pay or a medical link between the ankle condition and the accepted incident. It upheld both…
N.W. and U.S. Postal Service, Branson Post Office
Board upholds postal carrier disability denial (ECAB 25-0270)
A postal city carrier assistant sought disability benefits after an accepted ankle, foot, and lower-back injury. The Board found the medical evidence did not adequately establish that the accepted injury caused disability from work beginning January 17, 2022. It upheld the denial.
T.T. and U.S. Postal Service, Charlotte Post Office
Board upholds denial of late postal reconsideration request (ECAB 25-0166)
A postal worker sought reconsideration of an earlier claim decision after the filing period expired. The Board found that her submissions did not show clear error on the face of the prior decision. It upheld OWCP's refusal to reopen the merits.
J.T., claiming as widow of J.T., and Department of Defense, Defense Depot
Board returns widow survivor claim for merits decision (ECAB 25-0124)
A worker's widow sought survivor benefits after his death. OWCP had requested a district medical adviser's opinion about whether accepted conditions contributed to his death, then denied reconsideration without deciding the merits. The Board ordered OWCP to consider that opinion and issue a new…
Secretary of Labor v. CalPortland Company o/b/o Grimes Rock, Inc.
Operator appeal dismissed
The Commission had granted Grimes Rock's petition for discretionary review in August 2024. CalPortland later notified the Commission that it had become the mine's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect that change. It then granted the…
Arthur Gonzalez (deceased), Irma Wendorf purported successor-in-interest v. Fenix Marine Services, Limited and Ports America
Gonzalez v. Fenix Marine Services (BRB 23-0140): dismissal after claimant's death vacated
Arthur Gonzalez filed two Longshore Act claims before he died, and his siblings later sought to pursue any benefits accrued during his lifetime. The judge dismissed the claims after concluding that no proper successor had been substituted within the ninety days allowed by Federal Rule of Civil…
W.P. and Department of Justice, U.S. Attorneys Office
Board upholds refusal to reopen attorney injury claim (ECAB 25-0367)
A Department of Justice attorney sought reconsideration of an earlier compensation ruling. The Board found his request did not meet the requirements for reopening the merits. It upheld OWCP's refusal to reconsider the claim.
S.K. and Department of Defense, Defense Logistics Agency, Tinker Air Force Base
Board upholds denial of late Defense worker reconsideration request (ECAB 25-0347)
A Defense Logistics Agency worker asked OWCP to reconsider an earlier claim ruling after the filing period had passed. The Board found the request did not show clear error in the prior decision. It upheld the denial of merits reconsideration.
P.H. and Department of the Army, Tank-Automotive & Armaments Command, Sierra Army Depot
Board returns Army worker injury claim for specialist review (ECAB 25-0225)
An Army supervisor sought to add hip and ankle conditions to an accepted 2018 ankle injury claim. The Board found her physician's opinion insufficient to prove the additional conditions but strong enough to require further medical development. It returned the claim for a specialist opinion.
S.M. and U.S. Postal Service, Bulk Mail Center
Board upholds denial of postal worker recurrence claim (ECAB 25-0215)
A former postal worker sought medical care for a claimed recurrence tied to an accepted injury. The Board found the evidence insufficient to connect the later treatment need to that injury. It also upheld OWCP's refusals to reconsider the disability and treatment claims, including one untimely…
Bobcat Contracting, LLC
Pipeline pigging citation vacated
Bobcat Contracting was loading a pipeline inspection device into a natural-gas launcher in Farmersville, Texas, when residual gas ignited and an explosion ejected the device and a steel push pole. Two workers were killed and two were seriously injured. OSHA cited Bobcat under the General Duty…
Secretary of Labor v. CONSOL Mining Company, LLC
Rule 30(b)(6) deposition blocked
CONSOL sought to depose an MSHA representative about how the Secretary developed special-assessment penalties in the Itmann No. 5 civil penalty case. Judge Alan G. Paez granted the Secretary’s protective-order motion and denied CONSOL’s motion to compel. He found that some requested topics sought…
T.G. and U.S. Postal Service, North Metro Processing & Distribution Center
Board upholds seven percent postal arm award (ECAB 25-0325)
A postal clerk sought an increased schedule award after a work injury to her left arm. She had previously received an award for seven percent permanent impairment. The Board found the medical evidence did not establish a higher rating and upheld OWCP's decision.
M.P. and Social Security Administration
Board upholds termination of SSA worker compensation (ECAB 25-0253)
A Social Security Administration worker appealed the end of benefits tied to an accepted psychological aggravation and earlier physical injuries. The Board found the adjustment-disorder aggravation had resolved by September 2023. It also found OWCP met its burden to terminate wage-loss and medical…
E.J. and U.S. Postal Service, Far Rockaway Post Office
Board upholds postal worker wage-loss denial (ECAB 25-0251)
A postal worker sought wage-loss compensation for a period after an accepted work injury. The Board found the medical evidence did not establish that the injury caused disability throughout the claimed period. It upheld OWCP's denial.
C.R. and Department of Veterans Affairs, West Los Angeles VA Medical Center
Board returns VA technician knee and disability claims (ECAB 25-0245)
A VA medical supply technician sought to add knee conditions to an accepted injury claim and claimed disability beginning June 2018. The Board found OWCP's second-opinion physician gave a speculative causation opinion and had not addressed the claimed disability period. It directed OWCP to clarify…
Secretary of Labor v. CONSOL Mining Company, LLC
Unredacted penalty forms denied
CONSOL Mining Company asked the Secretary to produce unredacted special-assessment review forms related to two proposed penalties. The Secretary argued that the redacted portions contained deliberative communications protected by the deliberative-process privilege. Judge Alan G. Paez found the…
Secretary of Labor v. CONSOL Mining Company, LLC
Special-assessment motion denied
CONSOL asked the judge to vacate the Secretary’s proposed special assessments for two section 104(d)(1) violations and require regular assessment procedures instead. Judge Alan G. Paez held that the Mine Act gives the Secretary discretion to propose penalties and that the regulations permit special…
K.W. and U.S. Postal Service, Plainview Post Office
Board upholds denial of postal carrier leg claim (ECAB 25-0355)
A postal carrier reported leg injuries when a car struck the mail vehicle she was loading and pushed it into her legs. The Board found the submitted medical evidence did not establish a diagnosed condition connected with the incident. It upheld the denial.
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.