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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Jim Boyd Construction, Inc.
Trench violation reclassified as willful
Jim Boyd Construction used trench shields that did not extend above vertical trench walls and did not slope the soil above the shields as required by 29 C.F.R. § 1926.652(a)(1). The superintendent knew the requirement, considered stacking the shields, and chose not to comply because he believed…
Meadows v. BNSF Railway Co.
Appeal dismissed after missed briefing order
Larry Meadows sought Board review in a case against BNSF Railway Co. The Board set a deadline for his opening brief and warned that failing to meet it could lead to dismissal. Meadows did not file the brief. The Board then ordered him to explain why the appeal should remain open, but he did not…
L.G. and U.S. Postal Service, Post Office, Washington, IN
L.G. (ECAB 16-1360): Overpayment and recovery plan upheld
A postal employee challenged OWCP’s finding of a $14,861.33 compensation overpayment from March 2014 through November 2015. The Board upheld that amount and OWCP’s denial of waiver. It also approved recovery by deducting $150 from continuing compensation payments. The Board affirmed the decision.
H.D. and U.S. Postal Service, Post Office, Mill Valley, CA
H.D. (ECAB 16-1343): Right rib injury claim denial upheld
A postal employee said he injured his right ribs while leaning into a hamper of mail. The Board accepted that the incident occurred in December 2014. It found the medical evidence insufficient to establish a condition caused by that incident. The Board affirmed OWCP’s denial.
D.M. and Social Security Administration, Office of Disability Adjudication & Review, White Plains, NY
D.M. (ECAB 16-1292): Claimed injuries from hallway fall not established
A Social Security Administration employee said a hallway fall caused injuries to several parts of her body. The Board found that the medical evidence did not establish the claimed left knee, left hand, neck, or lower back conditions as caused by the incident. It affirmed OWCP’s decision.
G.F. and U.S. Postal Service, Post Office, Dripping Springs, TX
G.F. (ECAB 16-0997): Schedule award for lumbar sprain denied
A postal employee sought a schedule award after OWCP accepted a lumbar sprain. The Board found that the evidence did not establish permanent impairment of a scheduled body member or function caused by that condition. It affirmed OWCP’s denial of the award.
J.H. and Department of Veterans Affairs, Central Texas Health Care System, Waco, TX
J.H. (ECAB 16-0801): Compensation ordered for authorized treatment time
A Department of Veterans Affairs employee sought compensation for leave without pay used to attend authorized physical therapy. The Board found that the treatment records supported 15 hours of compensable absence. It reversed OWCP’s denial and remanded for payment of the appropriate benefits. The…
I.J. and Department of Veterans Affairs, Augusta VA Medical Center, Augusta, GA
I.J. (ECAB 16-0506): Emotional condition claim returned for fact development
A Department of Veterans Affairs employee claimed an emotional condition linked to workload, suspension, and workplace treatment. The Board found that OWCP had not sufficiently developed the factual record, including by obtaining statements from a supervisor or other knowledgeable people. It set…
L.W. and Department of Agriculture, Office of Inspector General, Denver, CO
L.W. (ECAB 16-1407): Gym authorization denied; reconsideration sent back
A Department of Agriculture employee asked OWCP to authorize a gym membership related to accepted conditions. The Board affirmed OWCP’s February 2016 denial of the original request. It found that later physician reports about strengthening and pool use were pertinent new evidence requiring a merits…
G.G. and U.S. Postal Service, Network Distribution Center, Atlanta, GA
G.G. (ECAB 16-1170): Impairment award request premature
A postal employee sought a schedule award after accepted injuries to his left arm and shoulder and left carpal tunnel syndrome. His submitted impairment rating did not establish a date of maximum medical improvement. The Board held that a permanent impairment award was premature without evidence…
A.S. and Department of Veterans Affairs, VA Medical Center, Oakland, CA
A.S. (ECAB 16-1100): Emotional condition claim denial upheld
A Department of Veterans Affairs employee claimed an emotional condition after a supervisor reprimanded him in front of coworkers. The Board found that he had not established a compensable work factor for the claimed December 2012 incident. It affirmed OWCP’s denial of the traumatic injury claim…
R.V. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL
R.V. (ECAB 16-1037): One percent right arm award upheld
A postal employee sought a larger schedule award than the one percent right upper extremity impairment OWCP had granted. The Board found that the medical evidence did not establish any additional ratable impairment. It affirmed the one percent award.
E.R. and Department of Veterans Affairs, Veterans Health Administration, New York, NY
E.R. (ECAB 16-1024): Right knee injury claim denial upheld
A Department of Veterans Affairs employee said she twisted and bumped her right knee against an open drawer at work. OWCP accepted the May 2015 incident. The Board found the medical evidence did not establish that the incident caused her claimed knee condition. It affirmed the injury claim denial.
A.H. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
A.H. (ECAB 16-0829): Refusal to reopen impairment claim upheld
A Navy employee asked OWCP to reconsider an earlier decision concerning permanent impairment. The Board found that the new reports did not address the controlling issue and that the request raised no new legal argument or identified error. It affirmed OWCP’s refusal to reopen the merits.
R.H. and Department of Defense, Education Activity, Fort Rucker Primary School, Fort Rucker, AL
R.H. (ECAB 16-0384): Later total disability claim denied
A Department of Defense employee sought compensation for total disability beginning August 1, 2014 after accepted lumbar conditions. The Board found that the submitted evidence did not establish total disability from those conditions for the claimed period. It affirmed OWCP’s denial.
Mark Bailey v. Rex Osborne, Colin Milam, Rockwell Mining, LLC and Gateway Eagle Coal Co., LLC
Discrimination claim fails on attendance record, default against absent operator
Roof bolter Mark Bailey said he was suspended with intent to discharge in September 2015 because he complained about roof height that forced bolters to leave the machine canopy and about dust from bolting in return air. Judge Margaret A. Miller agreed that Bailey engaged in protected activity, but…
Secretary of Labor v. Southwest Rock Products, LLC
No housekeeping violation at a mine that had not started running that day
Southwest Rock Products runs Portable #1, a two-person sand and gravel mine in Pinal County, Arizona. An MSHA inspector arrived at 8:00 a.m. on July 7, 2015, before the plant started up, and at 8:50 a.m. cited the company under 30 C.F.R. § 56.20003(a), the housekeeping standard, for material built…
Heckman v. M3 Transport LLC
Discovery appeal dismissed before final decision
Benjamin Heckman asked the Board to review discovery rulings in his pending Surface Transportation Assistance Act whistleblower case against M3 Transport and related respondents. The Board said it generally accepts appeals before an administrative law judge's final decision only in exceptional…
W.P. and U.S. Postal Service, Post Office, Indianapolis, IN
W.P. (ECAB 16-1359): Refusal to reopen occupational claim upheld
A postal employee sought reconsideration of an occupational disease claim denied for lack of medical causation evidence. A new physician report did not give a specific opinion about whether her job duties caused or aggravated the condition. The Board found it was not relevant evidence sufficient to…
B.V. and Department of Veterans Affairs, Butler Healthcare, Butler, PA
B.V. (ECAB 16-1249): Occupational disease claim filed too late
A Department of Veterans Affairs employee filed an occupational disease claim in February 2016 for shoulder, neck, and back conditions he said he had linked to work in December 2010. The Board found the claim outside FECA’s applicable filing period. It affirmed OWCP’s denial as untimely.
R.A. and Department of Homeland Security, Federal Law Enforcement Training Camp, Glynco, GA
R.A. (ECAB 16-1218): Additional hearing loss claim denied
A Department of Homeland Security employee had an earlier accepted bilateral hearing loss claim and a left ear schedule award. He sought recognition of additional loss from later workplace noise exposure. The Board found that he had not established additional hearing loss attributable to that…
S.B. and General Services Administration, Acquisition Center, Kansas City, MO
S.B. (ECAB 16-1124): Emotional condition claim denial upheld
A General Services Administration employee claimed an emotional condition arising from workplace events. The Board found that he had not established any compensable work factor for the claim. It therefore did not reach the medical evidence and affirmed OWCP’s denial.
A.M. and U.S. Postal Service, Post Office, Detroit, MI
A.M. (ECAB 16-1091): Injury claim after lifting mail denied
A postal employee reported back pain and rectal bleeding after lifting mail bundles at work. OWCP accepted the May 2015 lifting incident. The Board found that the medical evidence did not establish a diagnosed condition caused by it. It affirmed OWCP’s denial of the injury claim.
W.W. and Department of Veterans Affairs, Atlanta VA Medical Center, Decatur, GA
W.W. (ECAB 16-0953): Right knee claim denial upheld
A Department of Veterans Affairs employee said he twisted his right knee after missing a ladder step at work. OWCP accepted that the May 2014 incident occurred. The Board found that the medical evidence did not adequately connect the diagnosed knee condition to the incident. It affirmed the claim…
R.B. and Department of Veterans Affairs, VA Medical Center, New York, NY
R.B. (ECAB 16-0836): Late oral hearing request denied
A Department of Veterans Affairs employee requested an oral hearing more than 30 days after OWCP’s April 2015 decision. The Board held that the request was too late for a hearing as of right. It also found that OWCP properly exercised its discretion to deny a later hearing and leave reconsideration…
T.D. and U.S. Postal Service, Post Office, Jamaica, NY
T.D. (ECAB 16-1178): Work incident accepted but knee injury unproved
A postal employee said she tripped between vehicles at work and struck her right knee. The Board found that her account established the December 2015 work incident, changing OWCP’s fact of injury finding. It also found the medical reports did not explain how the incident caused or aggravated a…
M.M. and U.S. Postal Service, Post Office, Edison, NJ
M.M. (ECAB 16-1110): Cervical and shoulder claim returned for medical development
A postal machine operator attributed cervical, lumbar, and shoulder conditions to repetitive work. OWCP accepted her job duties but denied the claim for insufficient medical causation proof. The Board found that her physicians’ supporting opinions, although not enough to establish the claim…
B.Z. and U.S. Postal Service, Post Office, Madison, WI
B.Z. (ECAB 16-1031): Carpal tunnel claim denial upheld
A postal mail handler attributed bilateral carpal tunnel syndrome to repetitive work duties. The Board found that the submitted medical evidence did not establish a causal link between the diagnosed condition and those duties. It affirmed OWCP’s denial of the occupational disease claim.
B.H. and Department of the Air Force, Hill Air Force Base, Ogden, UT
B.H. (ECAB 16-0906): Related claim files ordered combined
An Air Force employee claimed emotional and physical symptoms and alleged errors in returning him to light duty after earlier right shoulder and lumbar injuries. OWCP had considered the new claim without combining the prior claim file, leaving the Board without the earlier evidence needed to review…
P.S. and Department of Veterans Affairs, L. Stokes Medical Center, Cleveland, OH
P.S. (ECAB 16-0890): Benefits termination reversed
A Department of Veterans Affairs employee challenged termination of benefits for accepted back and hip injuries. The Board found OWCP’s second opinion insufficient to establish that all work related residuals had resolved. OWCP therefore had not met its burden to end wage loss and medical benefits…
A.M. and Department of Defense, Defense Supply Center, Philadelphia, PA
A.M. (ECAB 16-0848): Left arm impairment award denied
A Department of Defense employee sought a schedule award for left upper extremity impairment from accepted cubital tunnel syndrome. The Board found that the submitted reports did not establish permanent impairment due to that accepted condition under the applicable guides. It affirmed OWCP’s denial.
J.W. and Department of the Army, Bluegrass Army Depot, Richmond, KY
J.W. (ECAB 16-0821): Left leg impairment claim returned for medical adviser review
An Army depot employee sought a schedule award for left leg impairment from an accepted injury. His physician rated a two percent permanent impairment, but OWCP’s hearing representative rejected the claim without sending the report to an OWCP medical adviser for verification. The Board set aside…
B.C. and Department of Homeland Security, Office of Professional Responsibility, El Paso, TX
B.C. (ECAB 16-0448): Hearing loss award question returned for clarification
A Department of Homeland Security employee sought a schedule award for hearing loss. The Board found that the right ear values in a medical report differed from its audiogram, and one set could yield a ratable loss. OWCP’s medical adviser had not addressed that discrepancy. The Board set aside the…
Suzuki Motor of America, Inc. and Suzuki Motor Corporation
In re Suzuki Motor of America, Inc. and Suzuki Motor Corporation (EAB CAA Appeal No. 16-01C): Consent Agreement ratified
Suzuki Motor of America, Inc. and Suzuki Motor Corporation resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the Respondent to comply…
M.S. and Department of the Navy, Naval Sea Systems Command, San Diego, CA
M.S. (ECAB 16-1221): Hearing loss claim found timely
A Navy electronics engineer filed a hearing loss claim while he was still exposed to hazardous workplace noise. OWCP had treated the claim as late based on when he first knew of the condition. The Board held that the filing period ran from his last injurious exposure and that the claim was timely…
D.B. and Department of the Army, Kansas National Guard Joint Forces Headquarters, Topeka, KS
D.B. (ECAB 16-1219): Blood donation injury claim denied
An Army National Guard employee lost consciousness in connection with a blood donation at work and reported a back condition. A traumatic injury claim was filed the same day. OWCP accepted that the August 2013 incident occurred and that vasovagal syncope was diagnosed. The Board found the medical…
T.C. and U.S. Postal Service, Post Office, Richmond, VA
T.C. (ECAB 16-1052): Carpal tunnel claim denial upheld
A postal employee attributed bilateral carpal tunnel syndrome to repetitive casing and delivery duties. OWCP accepted the duties and the diagnosis. The Board found that the medical evidence did not adequately explain how the work caused the condition. It affirmed OWCP’s denial.
M.B. and U.S. Postal Service, Post Office, Alexandria, VA
M.B. (ECAB 16-0980): Benefits termination reversed
A postal employee challenged OWCP’s termination of benefits effective February 12, 2015. The Board found that the impartial medical adviser had not resolved the medical issues for which he was selected. OWCP therefore failed to meet its burden to terminate wage loss and medical benefits. The Board…
S.N. and U.S. Postal Service, Post Office, Carbondale, IL
S.N. (ECAB 16-0960): Cervical condition claim returned for medical clarification
A postal employee attributed cervical conditions to repetitive duties in several positions. OWCP accepted the work factors but denied causation. The Board found that the medical opinion used to resolve a conflict needed more explanation about whether the work aggravated her preexisting conditions…
Z.D. and Department of Homeland Security, Customs & Border Patrol, Buffalo, NY
Z.D. (ECAB 16-0934): Back injury claim denial upheld
A Customs and Border Patrol employee attributed a back injury to training exercises in August 2014. OWCP accepted that he participated in the exercises. The Board found that the medical reports did not give a reasoned causal explanation based on an accurate history. It affirmed the injury claim…
R.F. and Department of Veterans Affairs, James H. Quillen VA Medical Center, Mountain Home, TN
R.F. (ECAB 16-0192): Pulmonary impairment award denial upheld
A Department of Veterans Affairs employee sought a schedule award for an accepted chemical pneumonitis condition. The Board’s analysis found that his physician used an asthma impairment table even though asthma was not accepted, and that permanent impairment was not established. The order affirmed…
J.D. and U.S. Postal Service, Post Office, Las Vegas, NV
J.D. (ECAB 16-1491): Later disability after vehicle crash denied
A postal employee was involved in a work vehicle accident after a fainting episode in November 2015. She sought wage loss beginning December 30, 2015. The Board found that she had not established work related disability for that later period. It affirmed OWCP’s denial.
K.A. and U.S. Postal Service, Processing & Distribution Center, Seattle, WA
K.A. (ECAB 16-1392): Delayed reconsideration returned for merits review
A postal employee sought reconsideration of a termination of benefits. OWCP waited more than four months before denying the request without a merits review, which caused the employee to lose the chance to appeal the recent merits decision to the Board. The Board set aside OWCP’s refusal and…
A.M. and Department of the Navy, Fleet Forces Command, Portsmouth, VA
A.M. (ECAB 16-1260): Overpayment fault and waiver returned to OWCP
A Navy employee received a $1,954.43 compensation overpayment. The Board affirmed the amount but found a procedural problem: OWCP’s preliminary notice said he was without fault, yet its final decision found fault and denied waiver without giving him a chance to respond to the change. It set aside…
M.M. and Department of the Treasury, Internal Revenue Service, Covington, KY
M.M. (ECAB 16-1141): Refusal to reopen injury claim upheld
An Internal Revenue Service employee sought reconsideration after an earlier Board ruling upheld denial of her injury claim. The Board found that the new request did not identify a legal error, raise a new relevant argument, or supply pertinent new evidence. It affirmed OWCP’s refusal to reopen the…
R.R. and Department of the Army, Joint Munitions & Lethality Command, Rock Island, IL
R.R. (ECAB 16-1118): Cervical injury claim denial upheld
An Army employee claimed a cervical condition from a March 2014 work incident. OWCP accepted that the incident occurred. The Board found that the medical evidence did not establish that it caused the cervical condition. It affirmed the injury claim denial.
B.S. and Department of the Army, Corps of Engineers, New York, NY
B.S. (ECAB 16-0712): Overpayment recovery amount returned for explanation
An Army Corps of Engineers employee received a $19,366.70 compensation overpayment. The Board upheld the amount and OWCP’s denial of waiver. It found that OWCP set deductions at $700 every four weeks without applying the required financial factors to the employee’s circumstances. The Board set…
E.L. and Department of Homeland Security, Transportation Security Administration, East Boston, MA
E.L. (ECAB 16-0635): Back, neck, and hernia injury claim denied
A Transportation Security Administration employee claimed back, neck, and hernia conditions from an accepted August 2012 work incident. An earlier Board decision had affirmed denial based on the prior medical record. The Board found that the current evidence still did not establish a causal link…
S.P. and Department of Veterans Affairs, Hackensack Outpatient Clinic, Hackensack, NJ
S.P. (ECAB 16-0341): Benefits termination and later disability denial upheld
A Department of Veterans Affairs employee challenged termination of wage loss and medical benefits for an accepted May 2011 injury. The Board found OWCP had met its burden to end those benefits effective March 11, 2012. It also found that the employee had not established continuing disability…
United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency) and American Federation of Government Employees, Local 2145 (Union)
VA Medical Center Richmond and AFGE Local 2145 (FLRA 0-AR-5196): Temporary-promotion award upheld
A GS-6 pharmacy technician at the Richmond VA Medical Center regularly performed duties of an established GS-7 position when that position's employee was absent. An arbitrator found that the technician spent more than twenty-five percent of his time on those duties and awarded a retroactive…
L.J. and Department of Veterans Affairs, Connecticut Healthcare System, West Haven, CT
L.J. (ECAB 16-1231): Refusal to reopen claim upheld
A Department of Veterans Affairs employee asked OWCP to reconsider a prior claim ruling. The Board found that her request did not establish a legal error, present a new relevant argument, or supply pertinent new evidence requiring another merits review. It affirmed OWCP’s refusal to reopen.
E.B. and Peace Corps, Volunteer Services, Washington, DC
E.B. (ECAB 16-1147): Later disability claim denied
A Peace Corps employee sought compensation for disability beginning August 24, 2012 after an accepted employment injury. The Board found that the evidence did not establish disability during that period caused by the accepted injury. It affirmed OWCP’s denial.
S.S. and U.S. Postal Service, Post Office, Pittsburgh, PA
S.S. (ECAB 16-1101): Arm impairment claim returned for impartial examination
A postal employee challenged schedule awards of two percent impairment in each upper extremity after accepted carpal tunnel and hand conditions. The Board found a conflict between his physician and OWCP’s second opinion physician about test results and the extent of impairment. It set aside the…
M.H. and U.S. Postal Service, Post Office, Dulles, VA
M.H. (ECAB 16-1049): Stress condition claim denial upheld
A postal employee attributed a stress condition to workplace incidents and conditions. The Board found that the alleged events did not establish a compensable work factor under FECA. It therefore affirmed OWCP’s denial without reaching medical causation.
J.D. and U.S. Postal Service, Post Office, Boston, MA
J.D. (ECAB 16-0887): Lower back claim denial upheld
A postal employee claimed a lower back injury after placing a chock block under a work vehicle. The Board accepted that the July 2014 activity occurred but found no reasoned medical evidence establishing an injury caused by it. It affirmed OWCP’s denial.
E.G. and U.S. Postal Service, Post Office, New York, NY
E.G. (ECAB 16-0729): Refusal to reopen recurrence claim upheld
A postal employee sought reconsideration of a denied recurrence of disability claim. A new physician report gave knee findings but no opinion about disability beginning September 24, 2014 from the accepted injury. The Board found that it did not address the controlling issue and affirmed OWCP’s…
C.V. and Department of Homeland Security, Customs & Border Protection, Yuma, AZ
C.V. (ECAB 16-0699): Emotional condition claim returned for medical review
A Customs and Border Protection employee claimed an emotional condition after repeated sexual text messages from a supervisor. The Board found the messages established a compensable work factor involving harassment. OWCP had stopped its review after finding no compensable factor and had not…
United States Department of Interior, National Park Service, (Agency) and National Treasury Employees Union (Union)
National Park Service and NTEU (FLRA 0-AR-5189): Snow-schedule backpay award upheld
The National Park Service changed maintenance workers' schedules on less than one week's notice so they could clear snow from roads serving the White House and other federal facilities. An arbitrator found that the agency had not made the reasoned determination required by 5 U.S.C. § 6101(a)(3)…
W.S. and U.S. Postal Service, Post Office, East Rockaway, NY
W.S. (ECAB 16-1183): Occupational disease claim denial upheld
A postal carrier attributed medical conditions to duties that included lifting, sorting, carrying, and walking. The Board accepted the nature of those duties but found the medical evidence insufficient to connect diagnosed conditions to them. It affirmed OWCP’s denial.
A.C. and Department of the Army, U.S. Army Corps of Engineers, Vicksburg, MS
A.C. (ECAB 16-1165): Benefits termination upheld
An Army Corps of Engineers employee challenged termination of wage loss and medical benefits for accepted lumbar and neck strains. The Board found OWCP’s medical evidence established that work related residuals and disability had ended by February 29, 2016. It affirmed the termination.
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.