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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K.S. and U.S. Postal Service, Nashville Main Post Office
Board upholds denial of postal worker arm condition (ECAB 25-0350)
A Nashville postal worker claimed a right upper extremity condition after an accepted work incident. The Board found the medical evidence did not adequately connect the claimed condition to that incident. It upheld OWCP's denial.
T.P. and U.S. Postal Service, Framingham Post Office
Board returns postal carrier shoulder claim for specialist opinion (ECAB 25-0294)
A postal carrier attributed a right shoulder condition to repetitive mail duties. His physician linked the condition to those duties, but the Board found the report did not fully establish causation. It ordered OWCP to obtain a specialist opinion and make a new decision.
T.Y. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex Victorville
Board upholds prison officer wage-loss denial (ECAB 25-0255)
A federal correctional officer sought disability benefits for a 2022 period after an accepted 2019 work injury. The Board found the medical record did not adequately establish that the accepted injury caused total disability during those dates. It upheld the denial.
C.N. and U.S. Postal Service, Cleveland Post Office
Board reverses disputed postal retirement overpayment (ECAB 24-0549)
A postal worker elected retirement benefits but continued to receive FECA payments while OPM processed the election. OWCP assessed a $10,041.51 overpayment. The Board found contradictory evidence about when OPM actually paid retirement benefits and reversed the debt decision.
Secretary of Labor v. Staker & Parson Companies
Repeated omission defeated reopening
Staker & Parson timely contested 27 of 28 citations but later said it had intended to contest the omitted order too. Its assessment form did not select the contest-all option, and two separate citation lists in its cover letter also omitted the order. The operator additionally waited more than two…
Secretary of Labor v. Heidelberg Materials Northeast, LLC
Multiple routing failures defeated reopening
Heidelberg's assessment passed through a new safety coordinator and eventually reached an area manager who was often away from his office. The coordinator did not notify the manager, the assessment's six-week internal routing delay was unexplained, and the manager calculated the deadline from an…
Secretary of Labor v. Carmeuse Lime and Stone, Inc.
Eighth citation omission excused
Carmeuse consistently marked and identified an eighth citation for contest, but conflicting counts in its emails led counsel's paralegal to prepare a form covering only the first seven marked citations. The paralegal found the omission immediately upon receiving the penalty petition, and counsel…
M.L., Executor of the Estate of E.L., and U.S. Postal Service, Moss Point Branch Post Office
Board dismisses survivor appeal after OWCP acted without jurisdiction (ECAB 25-0344)
An estate executor appealed OWCP's denial of survivor benefits. The Board found a petition about the same issue was already pending before it when OWCP issued that denial. Because OWCP could not exercise jurisdiction simultaneously, its decision was void and the appeal was dismissed.
B.J. and U.S. Postal Service, Coppell Post Office
Board upholds postal worker retirement overpayment (ECAB 25-0336)
A postal worker 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 $11,531.22 overpayment. It also upheld denial of waiver and deductions from continuing benefits.
S.K. and Department of Agriculture, Rural Housing Service
Board returns USDA impairment claim for new medical review (ECAB 25-0227)
A USDA housing specialist sought a schedule award for permanent impairment related to an accepted injury. The district medical adviser's reports gave inconsistent conclusions about whether the claimed impairment was covered by the schedule. The Board returned the claim for a new review and decision.
L.W. and Department of the Navy, Marine Corps Base
Board reverses Marine base worker overpayment (ECAB 24-0639)
A Marine base worker received FECA payments and Social Security retirement benefits. OWCP assessed a $19,387.51 overpayment under the FERS offset rule. The Board found the record showed CSRS and FICA coverage instead of FERS and reversed the overpayment decision.
Dwight D. Tomlinson v. Paramont Contura, LLC
Tomlinson v. Paramont Contura (BRB 24-0288 BLA): benefits denial remanded for medical review
Dwight D. Tomlinson appealed without a representative after a judge denied his black lung benefits claim. The judge credited 37 years of underground mine work but found neither complicated pneumoconiosis nor total respiratory disability. The Board affirmed her reading of the x-ray and certain other…
Carter L. Harrison v. Clinchfield Coal Company
Harrison v. Clinchfield Coal (BRB 24-0239 BLA): benefits denial remanded for disability review
Carter L. Harrison appealed without a representative after a judge denied his black lung benefits claim. The judge credited twenty-seven years of coal mine work but found neither complicated pneumoconiosis nor a totally disabling respiratory impairment. The Board upheld several findings on the…
Marian L. Baker (on behalf of and widow of James G. Baker) v. Webster County Coal Corporation
Baker v. Webster County Coal (BRB 23-0469 and 23-0470 BLA): miner and survivor claims remanded
Marian L. Baker pursued her late husband James G. Baker's black lung claim and her own survivor's claim. A judge denied both after finding that, despite total disability, the evidence did not establish pneumoconiosis. The Board held that the judge had applied the wrong standard to a doctor's…
Marian L. Baker (on behalf of and widow of James G. Baker) v. Webster County Coal Corporation
Baker v. Webster County Coal (BRB 23-0469 and 23-0470 BLA): miner and survivor claims remanded
Marian L. Baker pursued her late husband James G. Baker's black lung claim and her own survivor's claim. A judge denied both after finding that, despite total disability, the evidence did not establish pneumoconiosis. The Board held that the judge had applied the wrong standard to a doctor's…
William B. Lee v. Virginia International Terminals, LLC and Signal Mutual Indemnity Association, Limited
Lee v. Virginia International Terminals (BRB 23-0382): shoulder injury benefits denial affirmed
William B. Lee sought benefits for a left shoulder condition he attributed to a sudden stop of the crane he operated at a marine terminal. The employer accepted a neck injury from the incident but disputed that it caused or aggravated the shoulder condition. The judge found that the employer…
Rexal Rhodes v. Oasis Contracting and West Virginia Coal Workers' Pneumoconiosis Fund
Rhodes v. Oasis Contracting (BRB 24-0197 BLA): benefits award remanded for x-ray review
Rexal Rhodes sought black lung benefits after 10.81 years of coal mine work. The judge awarded benefits after finding complicated pneumoconiosis, which would trigger an irrebuttable presumption. Oasis Contracting challenged the judge's reading of the x-rays and medical opinions. The Board held that…
Administrator, Office of Foreign Labor Certification, Employment and Training Administration, USDOL v. Central Florida Labor Services, LLC
H-2A contractor debarments vacated for fuller explanation
The Office of Foreign Labor Certification debarred four related H-2A labor contractors for three years based on alleged material misrepresentations about seasonal labor needs in 2020 and 2021 applications. An administrative judge affirmed the debarments but reduced their duration to one and…
Montroy Development LLC
Excavation safety violations affirmed
Montroy Development was working in an excavation in Camillus, New York, when an OSHA compliance officer saw two people inside and directed them to exit. OSHA cited Montroy because a spoil pile and excavator were within two feet of the edge and because an employee worked in an excavation more than…
Matter of Christofer Alejandro Beltrand-Rodriguez
Bond order vacated and respondent detained
The Department of Homeland Security appealed an Immigration Judge's order releasing the respondent on a $10,000 bond with conditions. The respondent had convictions for lewd or lascivious acts with a minor and for sending harmful matter to a minor, and the record showed sexual conduct involving his…
Matter of M-S-I-
CAT acquiescence claim denied
The respondent, a native and citizen of Nepal, argued that Maoist-affiliated individuals had harmed and threatened him because of his political opinion and that Nepalese authorities would not protect him or would acquiesce in his torture. After a remand from the Fifth Circuit, the Board affirmed…
Jerry Crusenberry v. Powell Mountain Coal Company, Incorporated
Crusenberry v. Powell Mountain Coal (BRB 24-0361 BLA): benefits denial affirmed
Jerry Crusenberry appealed without a representative after a judge denied his black lung benefits claim on remand. An earlier Board decision had left findings of pneumoconiosis in place but required a new review of the lung function tests used to decide total disability. The judge found that two…
Young v. CSX Transportation, Inc.
Railroad's same-action dishonesty defense upheld
Michael Young reported that a falling metal gate injured his knee while he worked for CSX Transportation. After reviewing surveillance video, medical records, and his statements, CSX investigated and fired him for dishonesty about how the injury occurred. The administrative judge found that…
United States Department of Veterans Affairs, Eastern Colorado Health Care System and American Federation of Government Employees, Local 2241
VA Eastern Colorado Health Care System and AFGE Local 2241 (FLRA 0-AR-5979): Authority sets aside pharmacist backpay
Department of Veterans Affairs pharmacists alleged that the agency conducted a salary survey late and delayed resulting pay increases. An arbitrator found that 38 U.S.C. § 7451 covered the pharmacists unless the Secretary of Veterans Affairs had affirmatively excluded them, then awarded backpay for…
Ruby R. Hale (on behalf of and widow of Carl E. Hale) v. Island Creek Kentucky Mining
Hale v. Island Creek Kentucky Mining (BRB 24-0235 and 24-0236 BLA): miner and survivor awards affirmed
Ruby R. Hale pursued her late husband Carl E. Hale's black lung claim and her own survivor's claim. The judge credited 36 years of qualifying mine work, found total respiratory disability, and awarded benefits after finding Island Creek Kentucky Mining had not rebutted the Section 411(c)(4)…
Ruby R. Hale (on behalf of and widow of Carl E. Hale) v. Island Creek Kentucky Mining
Hale v. Island Creek Kentucky Mining (BRB 24-0235 and 24-0236 BLA): miner and survivor awards affirmed
Ruby R. Hale pursued her late husband Carl E. Hale's black lung claim and her own survivor's claim. The judge credited 36 years of qualifying mine work, found total respiratory disability, and awarded benefits after finding Island Creek Kentucky Mining had not rebutted the Section 411(c)(4)…
Garnett Duty v. Clinchfield Coal Company
Duty v. Clinchfield Coal (BRB 24-0202 BLA): black lung benefits award affirmed
Garnett Duty obtained a black lung benefits award after a judge found complicated pneumoconiosis following a second modification request. Clinchfield Coal challenged the x-ray analysis and argued that a radiologist's later report should have been excluded under limits on medical evidence. The Board…
Michael D. Ireland, Sr. v. Manor Mining & Contracting, Incorporated and Rockwood Casualty Insurance Company
Ireland v. Manor Mining (BRB 24-0179 BLA): August 2008 benefits start date affirmed
Michael D. Ireland, Sr., had established entitlement to black lung benefits; the remaining dispute was whether payments began in August 2008 or August 2018. On remand, the judge concluded that a 2008 biopsy showing a 1.7 centimeter nodule established complicated pneumoconiosis at that time when…
Lee A. Finley, Sr. v. Reclaiming LLC and West Virginia Coal Workers' Pneumoconiosis Fund
Finley v. Reclaiming (BRB 24-0005 BLA): black lung benefits denial affirmed
Lee A. Finley, Sr., appealed without a representative after a judge denied his black lung benefits claim. The judge credited 11.75 years of coal mine work, below the fifteen years needed for the Section 411(c)(4) presumption, and found that the evidence did not establish pneumoconiosis. The Board…
S.C. and U.S. Postal Service, Alpharetta Carrier Annex
Board reverses postal worker benefit termination (ECAB 25-0349)
A postal rural carrier associate challenged the end of benefits for an accepted knee injury. OWCP had sent her for a second opinion without combining files for two injuries involving the same knee. The Board found this incomplete record could not support termination and reversed the decision.
A.D. and Department of Justice, Drug Enforcement Administration
Board upholds denial of DEA worker ear claim (ECAB 25-0324)
A DEA criminal investigator reported ear pain, ringing, and hearing loss after an airplane trip related to work. The Board found the medical evidence did not establish a diagnosed condition in connection with the accepted exposure. It upheld the claim denial.
C.B. and U.S. Postal Service, Columbia Post Office
Board upholds denial of late postal reconsideration request (ECAB 25-0297)
A postal rural carrier sought reconsideration of an earlier injury ruling after the filing period expired. The Board found the request did not establish clear error in the prior decision. It upheld OWCP's denial of merits reconsideration.
D.R. and U.S. Postal Service, Lutherville Timonium Post Office
Board upholds forfeiture of postal worker compensation (ECAB 24-0749)
A postal worker received compensation while engaging in employment activities. The Board found she knowingly failed to report those activities and earnings as required. It upheld OWCP's forfeiture of compensation for the stated period.
Russell W. Byrd v. Red Bone Mining Company
Byrd v. Red Bone Mining (BRB 24-0300 BLA): disability finding remanded
Russell W. Byrd sought black lung benefits after thirty-three years of coal mine work. The judge found simple and legal pneumoconiosis but denied benefits because he found no totally disabling respiratory impairment. The Board held that the judge could not favor a later, nonqualifying breathing…
Grace Byrge v. Consol Mining Company, LLC
Miner and survivor benefits affirmed
Grace Byrge pursued her late husband's miner's claim and her own survivor's claim against Consol Mining Company and its carrier. The administrative law judge found that Billy Byrge had at least 28 years of underground coal mine employment and a totally disabling respiratory impairment, applied the…
Grace Byrge (on behalf of and widow of Billy Byrge) v. Consol Mining Company, LLC
Byrge v. Consol Mining (BRB 24-0216 and 24-0217 BLA): miner and survivor awards affirmed
Grace Byrge pursued her late husband Billy Byrge's black lung claim and her own survivor's claim. The judge found twenty-eight years of underground mine work and a disabling respiratory impairment, applied the fifteen-year presumption, and awarded benefits. Consol argued that delays in sharing a…
Susan A. Milam (widow of Junior L. Milam) v. U.S. Steel Mining Company, LLC
Milam v. U.S. Steel Mining (BRB 24-0208 BLA): survivor benefits award remanded
Susan A. Milam sought survivor benefits after the death of her husband, Junior L. Milam. A judge awarded benefits on modification, finding that his seventeen years of qualifying mine work and a totally disabling respiratory condition at death triggered the presumption that his death was due to…
Donald K. Hall v. Jet Coal Company, Incorporated
Hall v. Jet Coal (BRB 24-0043 BLA): subsequent black lung claim denied
Donald K. Hall filed another black lung benefits claim after a previous claim was denied for lack of total disability. The judge credited at least fifteen years of qualifying coal mine work but found that Hall had not proved a totally disabling respiratory or pulmonary impairment. One doctor…
David H. Smychynsky v. Tanoma Mining Company, Incorporated
Smychynsky v. Tanoma Mining (BRB 24-0040 BLA): black lung benefits denial affirmed
David H. Smychynsky sought black lung benefits after working at least fifteen years in underground coal mines. A judge denied his claim after finding that he had not proved total disability or complicated pneumoconiosis. On his second appeal, the Board held that the judge had wrongly required…
R.C. and Department of Homeland Security, U.S. Secret Service
Board upholds Secret Service hearing award denial (ECAB 25-0348)
A Secret Service investigator sought a schedule award for hearing loss and tinnitus attributed to work noise. The Board found the hearing measurements did not establish ratable impairment. It upheld OWCP's denial of the award.
L.S. and U.S. Postal Service, Shippensburg Post Office
Board returns postal back claim for impartial exam (ECAB 25-0343)
A postal rural carrier claimed a back injury after lifting a package at work. Her treating physician and OWCP's second-opinion physician gave opposing, reasoned views about whether the incident caused a back condition. The Board directed OWCP to obtain an impartial specialist opinion.
D.L. and U.S. Postal Service, West Sacramento Post Office
Board recognizes foot and ankle diagnoses in postal claim (ECAB 25-0333)
A postal expeditor attributed foot and ankle problems to standing and walking on hard floors. The Board found medical evidence diagnosing bilateral pes planus and a left tibialis posterior tendon tear. It returned the claim for OWCP to decide whether work factors caused those conditions.
M.B. and U.S. Postal Service, Waldo Post Office
Board recognizes diagnosis after postal vehicle crash (ECAB 25-0307)
A postal mail handler reported neck and back injuries after a work-related motor vehicle accident. The Board found the medical record established a diagnosed condition in connection with the accepted incident. It reversed OWCP's denial and directed further consideration of causation.
United States Department of Defense, Adjutant General Nevada, Nevada Army National Guard and Laborers' International Union of North America, Local 1776
Nevada Army National Guard and LIUNA Local 1776 (FLRA 0-AR-5752): Authority upholds temporary-promotion award
The Nevada Army National Guard assigned a GS-9 logistics-management specialist to perform food-program-manager duties for six years without a temporary promotion. An arbitrator found that the grievance sought compensation for established duties of a higher-graded position rather than…
B.P. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol
Board returns border agent disability claim for medical explanation (ECAB 25-0321)
A Border Patrol agent sought disability benefits beginning July 24, 2022 after an accepted injury. OWCP's medical examiner concluded she could work but did not adequately explain his view about the specific claimed period. The Board ordered a supplemental opinion and new decision.
C.B. and U.S. Postal Service, Akron Post Office
Board upholds compromised postal overpayment (ECAB 25-0275)
A postal worker received FECA compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board found her without fault but upheld the calculated overpayment, its compromise amount, and the recovery terms. It also upheld denial of waiver.
L.M. and U.S. Postal Service, Milwaukee Processing & Distribution Center
Board reverses termination of postal worker benefits (ECAB 25-0230)
A postal worker challenged the end of benefits after an accepted leg injury. Her treating physician and OWCP's second-opinion physician disagreed about continuing knee residuals and work ability. The Board found OWCP needed an impartial examiner to resolve that conflict before terminating benefits.
S.G. and Department of Veterans Affairs, Ralph H. Johnson VA Medical Center
Board returns VA worker reconsideration request for merits ruling (ECAB 23-1080)
A VA worker sought reconsideration of a back injury claim and submitted new medical evidence. OWCP treated her filing as an attempt to reconsider its prior nonmerit denial. The Board found she had timely sought review of the underlying merits and directed OWCP to issue an appropriate decision.
Secretary of Labor v. Croell, Inc.
First misaddressed contest reopened
Croell intended to contest two citations but mailed the contest form with payment for four uncontested citations to MSHA's St. Louis lockbox instead of the contest office. It sent the paperwork about three weeks before the deadline and moved to reopen about three weeks after receiving a delinquency…
Secretary of Labor v. Canyon Fuel Company, LLC
Missed counsel referral reopened
Canyon Fuel failed to forward the relevant proposed penalties to counsel for the next step in contesting them. It sought reopening promptly after discovering the mistake. The Secretary withdrew her opposition to help facilitate a broader settlement involving other cases. The majority reopened the…
Secretary of Labor v. Envirotech Drilling, LLC
Missing email explanation defeated reopening
Envirotech timely contested an assessment and later said it received no further correspondence until a delinquency letter. Records showed that MSHA's penalty petition and the Commission's show-cause order had both been sent to the safety manager's active email address. Envirotech did not identify…
Secretary of Labor v. CalPortland Company obo Grimes Rock, Inc.
Two appeals dismissed, one remained pending
Grimes Rock obtained Commission review of several related dockets in August 2024. CalPortland later notified the Commission that it had become the mine's operator and moved unopposed to dismiss two of the reviewed cases. The Commission amended the caption, vacated review in WEST 2023-0015 and WEST…
Secretary of Labor obo Alvaro Saldivar v. CalPortland Company obo Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. CalPortland Company o/b/o Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement appeal dismissed
This temporary-reinstatement case concerned miner Alvaro Saldivar and was under Commission review at Grimes Rock's request. CalPortland later notified the Commission that it had become the facility's operator and would appear on behalf of Grimes Rock. The Commission amended the caption to reflect…
M.B. and U.S. Postal Service, Rio Rancho Post Office
Board dismisses late Rio Rancho postal appeal (ECAB 25-0385)
A postal worker appealed a December 2022 OWCP decision in March 2025. The Board found the filing was well beyond its 180-day deadline and no documented compelling circumstances justified the delay. It dismissed the appeal for lack of jurisdiction.
J.S. and Social Security Administration
Board upholds denial of parking-lot fall claim (ECAB 25-0334)
A Social Security contact representative fell in an employee parking lot while going to her car to roll up its windows. The Board found this was a personal activity unrelated to her work, even though it occurred on the employer's premises. It upheld the claim denial.
B.C. and Department of Veterans Affairs, West Los Angeles VA Medical Center
Board upholds VA engineer injury denial (ECAB 25-0318)
A VA mechanical engineer reported several injuries after a vehicle struck him at work. The Board found the medical evidence did not adequately establish that a diagnosed condition was caused by the accepted incident. It upheld the denial.
R.A. and U.S. Postal Service, Manchester Processing & Distribution Center
Board returns postal concussion disability claim (ECAB 24-0776)
A postal mail handler sought disability benefits after an accepted head injury. OWCP obtained a second opinion but did not ask the physician to address the specific claimed period beginning October 15, 2022. The Board returned the claim for that review and a new decision.
American Tripoli v. Secretary of Labor and Secretary of Labor v. American Tripoli
Backpay-enforcement citation and order affirmed
An earlier discrimination decision ordered American Tripoli to pay former miner Robert Baumann back pay and interest. The company did not pay while Commission review was pending, even after the Commission denied its request to stay enforcement. MSHA issued a citation for failing to comply with the…
Connie Stiltner (widow of John H. Stiltner) v. K&V Coal Company, Incorporated
Stiltner v. K&V Coal (BRB 24-0069 BLA): survivor claim remanded
Connie Stiltner sought survivor benefits after her husband John H. Stiltner died. The judge denied the claim after finding no total respiratory disability or complicated pneumoconiosis. The Board upheld the finding that the evidence did not show complicated pneumoconiosis and agreed that the…
Rosemary M. Stephen (o/b/o and Widow of David E. Stephen) v. Consolidation Coal Company
Stephen v. Consolidation Coal (BRB 23-0091 and 23-0259): benefits denials vacated for wrong burden of proof
Rosemary Stephen pursued her late husband’s miner claim and her own survivor claim after an administrative law judge denied both. The judge found David Stephen’s work as a weighmaster and shipping clerk did not qualify as coal mine employment. The Board held that his work at the coal mine triggered…
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.