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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D.Y. and U.S. Postal Service, Post Office, Denver, CO
D.Y. and U.S. Postal Service (ECAB 15-1021): Back injury claim returned for medical review
D.Y., a postal carrier, reported back pain after lifting tubs of mail at work on July 29, 2014. OWCP accepted that the incident happened but denied the claim because it found the medical part of the injury claim unproven. The Board found reports in the record that diagnosed lumbar strain and…
Thomas G. Gallagher, Inc.
Crane rigging violations affirmed with reduced penalties
A pipefitter suffered a serious hand injury when a weld broke during a crane lift of a 5,000-pound pipe assembly. The load was improperly rigged, and the employee placed his hand directly on the suspended assembly. The judge found constructive knowledge because Gallagher had not adequately…
A.S. and Department of Homeland Security, Transportation Security Administration, West Orange, NJ
A.S. and Transportation Security Administration (ECAB 16-1028): Carpal tunnel claim denial affirmed
A.S., a supervisory air marshal, claimed that keyboard work, firearms training, and other required activities caused or aggravated bilateral carpal tunnel syndrome. OWCP accepted that he performed the work activities but found the medical evidence insufficient to connect them to his condition. The…
D.C. and U.S. Postal Service, Post Office, Houston, TX
D.C. and U.S. Postal Service (ECAB 16-0985): Shoulder claim returned for further review
D.C., a rural postal carrier, claimed that lifting tubs of mail and reaching up to case mail caused left shoulder pain. OWCP denied her occupational disease claim because it found she had not identified the work activities involved. The Board found her statements sufficiently described lifting tubs…
S.M. and Department of Transportation, Federal Aviation Administration, Santa Rosa, CA
S.M. and Federal Aviation Administration (ECAB 15-1644): End of emotional condition benefits affirmed
S.M., an FAA supervisory air traffic control specialist, had an accepted work related adjustment disorder. OWCP relied on a psychiatric examination finding that the condition had resolved and ended his eligibility for related compensation and medical treatment. The Board found that examiner’s…
C.O. and Department of the Interior, National Park Service, Staten Island, NY
C.O. and National Park Service (ECAB 15-1605): Recurrence claim remains closed to merit review
C.O., a National Park Service pipefitter, had an accepted right shoulder injury and later claimed a recurrence of disability starting September 29, 2014. OWCP denied that recurrence claim, then declined to reopen it when he sought reconsideration. The Board held that the new medical reports did not…
T.S. and U.S. Postal Service, Post Office, Colton, CA
T.S. and U.S. Postal Service (ECAB 15-1022): 21 percent leg impairment award affirmed
T.S., a postal letter carrier, sought a larger schedule award after left knee surgery. His physician rated left leg impairment at 25 percent, while OWCP’s medical adviser calculated 21 percent using the impairment guides. The Board accepted the adviser’s calculation because the clinical study had…
M.S. and U.S. Postal Service, Processing & Distribution Facility, Clarksburg, WV
M.S. and U.S. Postal Service (ECAB 15-0378): Back injury claim denial affirmed
M.S., a postal distribution supervisor, reported sudden back pain while walking toward a sorting machine at work. OWCP denied his claim, finding that he had not identified a definite work incident causing the pain. The Board found his account had changed from walking to possibly twisting while…
J.W. and Department of Treasury, Internal Revenue Service National Office, Richmond, VA
J.W. and Internal Revenue Service (ECAB 15-0020): Cervical surgery request returned for medical clarification
J.W. sought coverage for cervical surgery after OWCP accepted a work related nerve condition. An impartial specialist said the surgery was appropriate but attributed the need for it to age related disease. The Board found his explanation inadequate because it did not address whether the accepted…
Y.A. and Department of Commerce, Patent & Trademark Office, Alexandria, VA
Y.A. and Patent & Trademark Office (ECAB 16-0943): Office chair injury claim denied
Y.A., a patent examiner, reported falling backward when his office chair broke. OWCP accepted that the fall happened but denied his injury claim for lack of medical proof. The only medical note in the record requested time off work; it did not diagnose a condition or explain how the fall caused…
P.P. and U.S. Postal Service, Post Office
P.P. and U.S. Postal Service (ECAB 16-0831): Nine percent arm award affirmed
P.P., a postal mail handler, received a schedule award for nine percent permanent impairment of her right arm after accepted arm, shoulder, wrist, and neck injuries. She sought a larger award based on her physician’s later rating. The Board found the physician had used the impairment guides’ spine…
J.C. and U.S. Postal Service, Post Office, Moberly, AL
J.C. and U.S. Postal Service (ECAB 16-0156): Right leg award returned for medical clarification
J.C., a postal letter carrier, received a schedule award for one percent impairment of his right leg after a right foot and ankle injury. He sought a larger award. The Board found his treating physician’s rating insufficient because it did not use the impairment guides. It also found that OWCP’s…
C.M. and Department of the Air Force, Kadena Air Base, Okinawa
C.M. and Department of the Air Force (ECAB 15-1888): Stress related condition claim denial affirmed
C.M., a materials handler supervisor, claimed emotional and physical conditions related to workplace events. OWCP accepted some work factors, including assigned project work and two incidents involving his supervisor, but denied the claim. The Board found that other allegations lacked sufficient…
C.C. and U.S. Postal Service, Post Office, Minneapolis, MN
C.C. and U.S. Postal Service (ECAB 15-1778): Suitable work benefits termination reversed
C.C., a postal mail processing clerk, was offered a modified lobby assistant position while receiving compensation for accepted injuries. OWCP ended her wage loss and schedule award benefits after finding she did not respond to its notice about the offer. The Board found that she had submitted…
B.W. and U.S. Postal Service, Post Office, Rockwall, TX
B.W. and U.S. Postal Service (ECAB 15-1709): Wage capacity reduction reversed
B.W., a postal carrier with accepted hand and shoulder conditions, challenged two OWCP decisions. The Board found her reconsideration request about an earlier vocational rehabilitation suspension timely because it followed a recent Board merit decision. OWCP had wrongly applied the stricter…
American Federation of Government Employees, Local 3749 (Union) and United States Department of Agriculture, Food Safety Inspection Service (Agency)
AFGE Local 3749 and Food Safety Inspection Service (FLRA 0-AR-5165): Fee jurisdiction restored
The Food Safety Inspection Service removed a transferred inspector from an overtime roster without first notifying AFGE Local 3749 and allowing bargaining. An arbitrator found a contract violation and awarded 40.25 hours of overtime backpay, but later stated by email that he had not retained…
S.T. and Department of the Army, Corps of Engineers, San Francisco, CA
S.T. and Army Corps of Engineers (ECAB 16-1007): Wrist claim remains closed to merit review
S.T., a contract specialist, attributed wrist soreness and trigger finger problems to computer work. OWCP denied her claim, and she asked it to reconsider. The Board found that the later treatment instructions, work recommendations, and job records did not provide a medical opinion connecting her…
K.B. and U.S. Postal Service, Post Office, New York, NY
K.B. and U.S. Postal Service (ECAB 16-0626): Stairway fall claim returned for medical review
K.B., a postal mail processing clerk, reported hurting his left foot when he slipped on a staircase at work. OWCP denied his claim after questioning whether the fall happened as described. The Board found his account consistent with the surrounding evidence, including a union representative’s…
J.F. and U.S. Postal Service, Post Office, Newhaven, CT
J.F. and U.S. Postal Service (ECAB 16-0442): Left shoulder disease claim denial affirmed
J.F., a postal carrier, attributed a left shoulder condition to heavier use of that arm after surgery for an accepted right shoulder injury. He also described left arm use while sorting mail. The Board found that his physician diagnosed left shoulder conditions but did not explain how specific work…
A.C. and Department of Commerce, Bureau of the Census, Dallas, TX
A.C. and Bureau of the Census (ECAB 16-0081): Lunch break fall claim returned for fact finding
A.C., a census enumerator, reported tripping on pavement while leaving a training event for lunch. OWCP denied her injury claim because it found she was outside the performance of duty. The Board found the record lacked information about an enumerator’s usual work location and duties, the…
G.W. and U.S. Postal Service, Post Office, Sewell, NJ
G.W. and U.S. Postal Service (ECAB 16-0032): Cervical condition claim denial affirmed
G.W., a rural postal carrier, sought coverage for a cervical condition in addition to her accepted bilateral carpal tunnel syndrome. She attributed the neck condition to a vehicle door incident and her regular lifting, bending, and twisting duties. The Board found her physician’s added report still…
J.L. and Department of the Navy, Naval Computer & Telecommunications Area Master Station, Wahiawa, HI
J.L. and Department of the Navy (ECAB 15-1802): 2014 disability compensation denial affirmed
J.L., a Navy firefighter, had an accepted 2010 lower back injury and later claimed wage loss for a period in 2014. His physician said he was unable to work and diagnosed additional spinal conditions. The Board found the reports did not adequately explain how the accepted injury caused disability…
H.W. and U.S. Postal Service, Post Office, Burnsville, MN
H.W. and U.S. Postal Service (ECAB 15-1126): Benefits termination reversed
H.W., a postal postmaster, received benefits for accepted major depression associated with long work hours. OWCP ended benefits after an impartial psychiatrist said she no longer had a work related condition and questioned whether she had ever had one. The Board found that opinion did not…
A.S. and U.S. Postal Service, Chicago Network Distribution Center, Forest Park, IL
A.S. and U.S. Postal Service (ECAB 15-0696): Forklift injury ruling split by condition
A.S., a postal forklift operator, was involved in a crash after a wheel and axle failed. She claimed cervical strain and left carpal tunnel syndrome from the incident. The Board found that the medical opinions did not explain the delayed onset of left arm symptoms, so it upheld denial of the carpal…
Secretary of Labor v. CAM Mining, LLC
Undersized roof stumps and the preshift examiner's duty to report what he can see
During retreat mining at CAM Mining's underground coal mine in Kentucky, an MSHA inspector found that the coal stumps left to hold up the roof measured as little as one to three feet where the mine's approved roof control plan required at least six. Two preshift examinations had passed without…
John R. Spatafore, Sr. v. Consolidation Coal Company
John Spatafore v. Consolidation Coal (BRB 15-0265): mine safety trainer years excluded from miner status
John Spatafore worked seven years for Consolidation Coal and later spent 24 years as a mine safety trainer for West Virginia agencies. An administrative law judge counted part of the state work as coal mine employment and awarded benefits using the 15 year presumption. The Board held that the state…
S.G. and Department of Veterans Affairs, Veterans Health Administration, Gainesville, FL
S.G. and Veterans Health Administration (ECAB 16-0976): Occupational disease claim found timely
S.G., a health technician, claimed that typing and other repetitive duties aggravated left carpal tunnel syndrome. OWCP denied the claim as late because he had known of the condition since 2011. The Board found that his claim alleged continuing exposure to the work activities through February 5…
L.G. and U.S. Postal Service, Post Office, Tampa, FL
L.G. and U.S. Postal Service (ECAB 16-0856): Rib injury claim denial affirmed
L.G., a city carrier assistant, reported hurting her left ribs while stepping out of a work vehicle. OWCP denied her claim because she had not explained how the incident occurred. The Board found that the claim form gave little detail, L.G. did not answer OWCP’s request for a fuller account, and…
K.B. and U.S. Postal Service, Post Office, Allen Park, MI
K.B. and U.S. Postal Service (ECAB 16-0827): Delayed reconsideration requires merit review
K.B. asked OWCP to reconsider a June 2015 merit decision. OWCP took more than five months to refuse review, by which time K.B.’s deadline to appeal the earlier decision to the Board had passed. The Board held that the delay had effectively prevented an appeal on the merits. It set aside the refusal…
S.S. and Department of Justice, Executive Office for Immigration Review, Falls Church, VA
S.S. and Executive Office for Immigration Review (ECAB 16-0758): Hand condition claim returned for medical review
S.S., a legal assistant, attributed bilateral hand problems to repetitive filing, document handling, and computer work. OWCP denied the claim after finding disputed details about the amount of work meant she had not established the work factors. The Board found that her employer disputed quantities…
P.R. and U.S. Postal Service, Post Office, Boston, MA
P.R. and U.S. Postal Service (ECAB 15-1782): Schedule awards for both legs affirmed
P.R., a postal letter carrier, sought larger schedule awards for permanent impairment of both legs after knee replacements. OWCP awarded benefits based on 31 percent impairment of each leg, while his physician rated each leg at 37 percent. The Board found that the physician relied on a lower limb…
J.M. and Department of Agriculture, Agriculture Research Service, Beltsville, MD
J.M. and Agriculture Research Service (ECAB 15-0918): Timely reconsideration request returned to OWCP
J.M., a tractor operator, sought reconsideration of a decision terminating compensation for his 1991 back injury. OWCP treated the request as late because his representative initially cited the wrong decision date. The Board found that OWCP received the request within one year of the February 3…
R.F. and U.S. Postal Service, Mobile Vehicle Repair Facility, Peoria, AZ
R.F. and U.S. Postal Service (ECAB 15-0506): Compensation termination reversed
R.F., a postal automotive technician, injured his shoulder and neck when an overhead door spring broke and fell on him. OWCP terminated his compensation after finding that he had refused a suitable modified mechanic position. The Board found the medical opinion supporting the offer inadequately…
J.L. and Department of Homeland Security, Transportation Security Administration, Office of Investigation, Southfield, MI
J.L. and Transportation Security Administration (ECAB 15-0204): Tinnitus schedule award denied
J.L., a federal criminal investigator, developed ringing in both ears after firearms instruction, and OWCP accepted his tinnitus as work related. He sought a schedule award, but the Board held that tinnitus alone does not qualify for one. A tinnitus rating can be added to a measurable hearing…
Marshall Justice v. Gateway Eagle Coal Co., LLC
Default against the old operator, but the bankruptcy buyer is off the hook
Marshall Justice worked at the Gateway Eagle Mine in West Virginia and says his employer disciplined him in 2015 for making a safety complaint to MSHA. MSHA found insufficient evidence, so he brought the discrimination case himself under section 105(c) of the Mine Act. Gateway never filed an answer…
F.R. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY
F.R. and Veterans Administration Medical Center (ECAB 16-1029): Patient transfer injury claim denied
F.R., a nurse, reported neck and shoulder pain after helping transfer a patient from a wheelchair to a bed. OWCP accepted that the incident occurred but denied her injury claim. The Board found that the medical reports did not adequately explain how that incident caused a diagnosed condition. Some…
Stephen Maglione v. APM Terminals and Signal Mutual Indemnity Association, Ltd.
Maglione v. APM Terminals (BRB 16-0053): hearing loss claim returned after surprise summary ruling
Stephen Maglione claimed hearing loss from occupational noise exposure during waterfront work. APM Terminals had paid some permanent partial disability benefits and furnished medical care, but the parties disputed the impairment rating and average weekly wage used to calculate further compensation…
Santos D. Suarez v. Service Employees International, Incorporated and Insurance Company of the State of Pennsylvania
Suarez v. Service Employees International (BRB 15-0534): disability claim late, medical benefits affirmed
Santos Suarez developed recurring gastrointestinal symptoms while working as a truck driver in Iraq and later sought Defense Base Act benefits. An administrative law judge found his condition work related and awarded medical benefits, but denied disability compensation because the claim was filed…
P.P. and Department of the Navy, Naval Facilities Engineering Command Centers, Dahlgren, VA
P.P. and Department of the Navy (ECAB 16-0901): Reconsideration request returned to OWCP
P.P. asked OWCP to review an earlier Board decision that had found his compensation claim untimely. OWCP treated his reconsideration request as late and required clear evidence of error. The Board found that OWCP had received P.P.’s written request within one year of the earlier merits decision. It…
W.H. and Department of the Air Force, Air National Guard, Schenectady, NY
W.H. and Air National Guard (ECAB 16-0715): Rescission of recurrence acceptance reversed
W.H., an aircraft mechanic foreman, had an accepted back injury and later claimed a recurrence of disability. OWCP initially accepted the recurrence but then rescinded its acceptance because his employment had ended for cause before the claimed recurrence date. The Board held that termination for…
M.P. and Department of Homeland Security, Transportation Security Administration, Newark, NJ
M.P. and Transportation Security Administration (ECAB 16-0507): Shuttle injury claim remanded
M.P., a transportation security officer, reported a shoulder and neck injury while riding a shuttle from work to an off-site parking lot. OWCP denied the claim after finding that he was outside the employing agency’s premises. The Board found that the record did not establish whether the agency…
T.M. and U.S. Postal Service, Airport Mail Facility, Philadelphia, PA
T.M. and U.S. Postal Service (ECAB 16-0429): Additional shoulder impairment claim remanded
T.M., a postal laborer custodian, had accepted right shoulder conditions and had been found entitled to a schedule award for six percent impairment of her right arm. She sought an additional award, which OWCP denied. The Board found that OWCP’s medical adviser relied heavily on examination findings…
N.R. and U.S. Postal Service, Post Office, Seattle, WA
N.R. and U.S. Postal Service (ECAB 16-0417): Recurrence of disability claim denied
N.R., a postal employee, had accepted conditions from a 2007 fall and later claimed that those injuries caused renewed disability beginning April 26, 2010. OWCP denied the recurrence claim. The Board found that the submitted medical reports did not adequately connect his inability to work during…
C.L. and Department of Veterans Affairs, Veterans Administration Medical Center, San Diego, CA
C.L. and Veterans Administration Medical Center (ECAB 16-0246): Later disability compensation denied
C.L., a former nurse, had an accepted 1985 back injury and an accepted recurrence requiring surgery in 2006. OWCP paid wage-loss compensation during her recovery but denied benefits for the period after November 6, 2007. The Board held that C.L. still bore the burden to establish later disability…
R.R. and U.S. Postal Service, Post Office, Gainesville, GA
R.R. and U.S. Postal Service (ECAB 15-1444): Carpal tunnel award returned for a complete rating
R.R., a postal letter carrier, had accepted carpal tunnel syndrome and received a schedule award based on two percent permanent impairment of his right arm. He sought a higher rating. The Board found that OWCP’s medical adviser considered test findings but did not evaluate the history and physical…
N.L. and U.S. Postal Service, Post Office, Merrifield, VA
N.L. and U.S. Postal Service (ECAB 15-1097): Broken prosthesis claim denied as modified
N.L., a rural mail carrier, reported that his artificial leg broke while he was carrying mail at work. OWCP denied his claim, questioning whether the event occurred and whether he had sustained an injury. The Board found that the event and the broken prosthesis were established; FECA expressly…
W.S. and Department of the Army, Red River Army Depot, Texarkana, TX
W.S. and Red River Army Depot (ECAB 15-0602): Recurrence of disability denied
W.S., a heavy equipment mechanic, had accepted conditions from a 1988 work injury and later worked in a part-time modified clerk position. He claimed a recurrence of disability beginning July 3, 2010. The Board found that his physician stated he could not work but did not explain how the accepted…
A.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH
A.W. and Portsmouth Naval Shipyard (ECAB 15-0190): Recovery of schedule award overpayment upheld
A.W., a shipyard pipefitter helper, received an $11,587.25 schedule award that OWCP later rescinded after finding no ratable impairment. OWCP found that he was without fault but denied his request to waive recovery of the overpayment. The Board agreed that the rescinded award created the…
L.A. and U.S. Postal Service, Post Office, Bakersfield, CA
L.A. and U.S. Postal Service (ECAB 16-1088): Weekend deadline made reconsideration request timely
L.A. sought reconsideration of an OWCP decision denying her claim for several neck and shoulder conditions. OWCP called her request late and applied the stricter clear evidence of error standard. The Board found that the one-year deadline fell on Saturday, October 24, 2015, so the filing period…
D.W. and Department of Labor, Mine Safety & Health Administration, Indiana, PA
D.W. and Mine Safety & Health Administration (ECAB 16-1036): Hearing loss award denied
D.W., a retired mine safety inspector, had an accepted claim for work-related hearing loss and sought a schedule award. OWCP denied the award after its medical adviser calculated no ratable impairment under the applicable hearing loss formula. The Board reviewed the audiogram’s results at the four…
W.J. and Department of the Navy, Long Beach Naval Shipyard, Long Beach, CA
W.J. and Long Beach Naval Shipyard (ECAB 16-0939): Written record review request denied as late
W.J., a former shipyard worker, requested a review of the written record concerning an earlier schedule award decision. He mailed the request in January 2016 for a decision issued in March 2006, well beyond the 30-day period for review as a matter of right. The Board found that OWCP had also…
S.G. and Department of the Air Force, MacDill Air Force Base, Hillsborough, FL
S.G. and MacDill Air Force Base (ECAB 15-1531): Additional award due for loss of testicle
S.G., a materials handler, sustained a work-related hernia and later had his atrophic right testicle surgically removed. OWCP had paid a schedule award for 60 percent impairment and denied an additional award after the surgery. The Board held that S.G. had a complete loss of the organ, whether its…
R.K. and U.S. Postal Service, Post Office, Elmer, NJ
R.K. and U.S. Postal Service (ECAB 15-1524): Mail lifting injury claim remanded
R.K., a rural mail carrier, reported back pain after lifting a tub of mail from a rack at work. OWCP denied her claim after finding inconsistent descriptions of the incident. The Board found that R.K.’s account, coworker and supervisor statements, and the doctor’s description were sufficiently…
American Federation of Government Employees, Local 3781 (Union) and United States Department of Agriculture, Federal Grain Inspection Service (Agency)
AFGE Local 3781 and Federal Grain Inspection Service (FLRA 0-AR-5160): Overtime challenge denied
AFGE Local 3781 challenged an arbitration award involving the suspension of a Federal Grain Inspection Service employee. The union had asked the arbitrator for both backpay and overtime, but the award granted backpay without the requested overtime relief. The union raised Back Pay Act, authority…
RBS, Inc. v. Secretary of Labor and Secretary of Labor v. RBS, Inc.
RBS, Inc. (FMSHRC WEVA 2014-817): Every citation trimmed or thrown out, penalty cut from $24,886 to $1,227
RBS runs the Greystone Quarry, a small limestone operation near Lewisburg, West Virginia. A fill-in MSHA inspector spent two days there in February 2014 and wrote seven citations and orders, originally proposing $24,886 in penalties. The judge worked through the five that went to hearing. Two…
D.B. and U.S. Postal Service, Post Office, St. Louis, MO
D.B. and U.S. Postal Service (ECAB 16-0753): Knee and shoulder injury claim denied
D.B., a postal electronic technician, tripped and fell at work and claimed right knee and shoulder injuries. OWCP accepted that the fall occurred but denied the compensation claim. The Board found that the treating reports listed symptoms and diagnoses without adequately explaining how the fall…
J.R. and U.S. Postal Service, Post Office, Little Rock, AR
J.R. and U.S. Postal Service (ECAB 16-0709): Disability denied, treatment time remanded
J.R., a postal carrier, sought wage-loss compensation for March 2 to 20, 2015 after an accepted right ankle sprain. The Board found that her medical records did not establish that the accepted injury prevented her from working throughout that period. It affirmed the denial of total disability…
P.L. and Department of State, Miami Passport Agency, Miami, FL
P.L. and Miami Passport Agency (ECAB 16-0631): Occupational disease claim returned for work factor review
P.L., a passport agency program analyst, claimed that conditions at work caused or aggravated Parkinson’s disease and an emotional condition. OWCP handled the claim as a single traumatic incident involving notice of his termination and denied it for insufficient medical causation evidence. The…
T.C. and Department of Homeland Security, Transportation Safety Administration, Federal Air Marshal Service, El Segundo, CA
T.C. and Federal Air Marshal Service (ECAB 16-0586): Cervical injury claim denied for lack of medical causation
T.C., a federal air marshal, reported neck and left arm symptoms after pull-ups during a required fitness assessment. OWCP accepted that the October 16, 2014 incident occurred but denied the injury claim. The Board found that his surgeon diagnosed cervical conditions without explaining how the…
P.B. and U.S. Postal Service, Post Office, New Orleans, LA
P.B. and New Orleans Post Office (ECAB 16-0350): Wage-loss termination upheld for June 2013
P.B., a postal carrier, received compensation for accepted neck, back, and shoulder conditions after a fall at work. OWCP ended her wage-loss benefits effective June 2, 2013 based on a referee physician’s opinion that she was no longer disabled from work at that time. The Board found his…
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.