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.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

American Federation of Government Employees, Local 3320 (Union) and United States Department of Housing and Urban Development (Agency)

AFGE Local 3320 and HUD (FLRA 0-AR-5122): Performance-award lottery upheld

Budget limits left HUD's Fort Worth office with one quality-step increase for eighteen bargaining-unit employees who had outstanding ratings; the others would receive cash awards. The agency placed the employees' names in a container, a union representative drew names, and the first person selected…

December 18, 2015 ·FLRA
Upheld
COMM

Secretary of Labor v. Mid-Valley Gravel Company

Signed delivery defeated nonreceipt claim

Mid-Valley Gravel asked to reopen a final penalty assessment, claiming that it never received the proposed assessment. The Secretary produced delivery records showing that the company's corporate secretary, who was also designated to handle health and safety matters, signed for it. A later…

December 17, 2015 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Manalapan Mining Company, Inc.

Three late reopening motions denied

Manalapan Mining sought to reopen three penalty assessments for unwarrantable-failure violations at separate mines. The company admitted receiving the assessments but said it could no longer locate them, and it waited 256 days after they became final to seek relief. The Commission found that…

December 17, 2015 ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Bussen Quarries, Inc.

Highwall fall-protection citation affirmed

A portable pump cart was positioned about four and a half feet from the edge of a 70-foot quarry highwall with its handles facing the drop. No warning line or barrier marked the rock-dust-blurred edge, and no tie-off point or fall protection was visible nearby. Judge Margaret A. Miller found it…

December 17, 2015 ·Margaret A. Miller ·FMSHRC
Citations affirmed
COMM

H&S Performance, LLC

In re H&S Performance, LLC (EAB CAA Appeal No. 15-03C): Consent Agreement ratified

H&S Performance, LLC resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered H&S Performance, LLC to comply with all terms of the Consent…

December 17, 2015 ·EPA EAB
Settled
COMM

G.V. and U.S. Postal Service, Post Office, Shreveport, LA

G.V. (ECAB 15-1850): Partial and total disability claim denial affirmed

G.V., a Postal Service carrier technician, sought compensation for reduced hours and periods away from work after a back and hip claim. The Board found that the contemporaneous medical report allowed light duty but did not explain why he could work only five hours a day. Later reports gave…

December 17, 2015 ·ECAB
Affirmed
COMM

G.H. and U.S. Postal Service, Post Office, Gulfport, MS

G.H. (ECAB 15-1614): Shoulder injury denial affirmed with incident finding corrected

G.H., a Postal Service city carrier associate, reported dislocating his shoulder while reaching for a package in his delivery truck. The Board found enough factual evidence to establish that the incident occurred. It found the medical evidence insufficient because one doctor gave only a check-box…

December 17, 2015 ·ECAB
Modified
COMM

S.W. and U.S. Postal Service, Post Office, Washington, DC

S.W. (ECAB 15-1178): Overpayment after return to work upheld

S.W., a Postal Service rural carrier, continued receiving total disability compensation after returning to full time work. OWCP found that she had received a $2,396.69 overpayment for May 1 through June 1, 2013. Although OWCP ultimately found her without fault, it denied waiver because she did not…

December 17, 2015 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, New Orleans, LA

C.S. (ECAB 15-0739): Late reconsideration request remained closed

C.S., a Postal Service letter carrier with an accepted anxiety disorder, sought compensation for later periods away from work. OWCP denied those disability claims in 2013. Her later reconsideration request arrived after the one year filing period, so she needed to show clear evidence of error in…

December 17, 2015 ·ECAB
Affirmed
ALJ

Patrick Shemwell v. KenAmerican Resources, Inc.

Discharge for unsafe-work refusal reversed

Patrick Shemwell was discharged after refusing to operate a bulldozer whose throttle had malfunctioned while he worked near the edge of a refuse pile. Judge John Kent Lewis found that Shemwell honestly and reasonably believed the equipment was unsafe, making his refusal protected activity under the…

December 16, 2015 ·John Kent Lewis ·FMSHRC
Citations affirmed
COMM

J.T. and U.S. Postal Service, Post Office, Deptford, NJ

J.T. (ECAB 15-1923): Hip condition claim denial upheld

J.T., a Postal Service laborer and custodian, claimed that years of delivery and maintenance work aggravated degenerative disease in both hips. The Board found that one physician’s statement that work could have aggravated the condition was speculative and did not describe his full work and medical…

December 16, 2015 ·ECAB
Affirmed
COMM

F.P. and General Services Administration, Public Building Service, Kansas City, MO

F.P. (ECAB 15-1826): Asbestosis claim denial affirmed

F.P., a retired General Services Administration air conditioning mechanic, claimed asbestosis after years of workplace asbestos exposure. The Board accepted that he had been exposed at work and had asbestosis. It found that the medical reports did not explain a causal connection between that…

December 16, 2015 ·ECAB
Affirmed
COMM

L.M. and U.S. Postal Service, Post Office, Lawrenceville, NJ

L.M. (ECAB 15-1588): Back injury claim denial upheld

L.M., a Postal Service letter carrier, claimed a back injury after feeling a pinch while walking his route. OWCP accepted that he walked an outdoor route, but the Board found that the medical reports did not explain how that activity caused or aggravated the diagnosed lumbar conditions. One…

December 16, 2015 ·ECAB
Affirmed
COMM

A.F. and U.S. Postal Service, Detroit Network Distribution Center, Allen Park, MI

A.F. (ECAB 15-1555): Wrist condition claim denial upheld

A.F., a Postal Service mail processing clerk, claimed that repeatedly lifting and sorting heavy packages caused a left wrist condition. One physician diagnosed tenosynovitis but gave no clear opinion connecting it to her duties. Another attributed a wrist sprain to lifting a package without…

December 16, 2015 ·ECAB
Affirmed
COMM

T.M. and Department of Justice, Federal Bureau of Prisons, Fort Worth, TX

T.M. (ECAB 15-1471): Claimed consequential knee injury denied

T.M., a Bureau of Prisons correctional officer, had accepted right knee conditions from a 2010 work incident. He claimed that compensating for the right knee caused a left knee condition. His physician said left knee pain could be due to that compensation, but did not clearly diagnose a left knee…

December 16, 2015 ·ECAB
Affirmed
COMM

R.R. and U.S. Postal Service, Post Office, Media, PA

R.R. (ECAB 15-1055): Leg impairment claim returned for a new medical rating

R.R., a Postal Service custodian, had an accepted lumbar disc injury and sought a larger schedule award than his 16 percent left leg rating. His physician rated 31 percent impairment by combining spinal nerve root and complex regional pain syndrome ratings. The Board found that combination…

December 16, 2015 ·ECAB
Remanded
COMM

P.A. and U.S. Postal Service, Main Post Office, Pittsburgh, PA

P.A. (ECAB 15-1675): Benefits termination reversed after approved leave

P.A., a Postal Service mail handler with an accepted back injury, returned to a modified position for fewer than eight hours a day. OWCP had terminated her compensation under the statutory penalty for neglecting suitable work because she used leave without pay for the remaining hours. The Board…

December 15, 2015 ·ECAB
Remanded
COMM

M.H. and U.S. Postal Service, Monterey Station, Lubbock, TX

M.H. (ECAB 15-1670): Ice fall injury denial and reconsideration refusal upheld

M.H., a Postal Service carrier technician, reported slipping on ice while at work and injuring his back. OWCP accepted that the fall occurred, but the Board found no qualified physician’s reasoned opinion connecting a firm medical diagnosis to it. Every submitted medical report was signed by a…

December 15, 2015 ·ECAB
Affirmed
COMM

S.S. and Department of Veterans Affairs, Central Arkansas Health Care System, North Little Rock, AR

S.S. (ECAB 15-1454): Emotional condition claim denial upheld

S.S., a Department of Veterans Affairs radiologic technologist, claimed depression from a hostile work environment. She alleged harassment by coworkers and unfair administrative actions in the catheterization laboratory. The Board found that the record did not establish the alleged harassment with…

December 15, 2015 ·ECAB
Affirmed
COMM

C.J. and Department of Homeland Security, Customs & Border Protection, San Ysidro, CA

C.J. (ECAB 15-1370): Eighteen percent leg impairment rating upheld

C.J., a border patrol agent, had prior schedule awards totaling 13 percent impairment of his left leg from a knee injury and spinal nerve deficits. A new evaluation found 18 percent total leg impairment, so OWCP awarded an additional five percent. The Board found that the medical adviser had…

December 15, 2015 ·ECAB
Affirmed
COMM

M.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Richmond, VA

M.O. (ECAB 15-1361): Nurse’s wage loss and hearing denials upheld

M.O., a Department of Veterans Affairs nurse, claimed wage loss compensation for August 22 through September 5, 2013 after an accepted back injury. The Board found that her physicians’ records did not establish total disability caused by the accepted injury during that period. She also requested…

December 15, 2015 ·ECAB
Affirmed
COMM

C.I. and Department of Veterans Affairs, James Brown Medical Center, Chicago, IL

C.I. (ECAB 15-1320): Six percent impairment awards for each arm upheld

C.I., a Department of Veterans Affairs police officer, had accepted bilateral rotator cuff and other shoulder conditions. His physician proposed a larger rating based partly on whole person impairment. The Board found that the physician had exceeded the impairment guide’s maximum rating for the…

December 15, 2015 ·ECAB
Affirmed
COMM

C.O. and U.S. Postal Service, Post Office, Tampa, FL

C.O. (ECAB 15-1067): Bilateral carpal tunnel claim denial upheld

C.O., a Postal Service mail handler, claimed that repetitive duties caused bilateral carpal tunnel syndrome. The Board accepted the diagnosis but found the medical evidence insufficient to connect it to the identified duties. A nerve study documented the condition without addressing its cause, and…

December 15, 2015 ·ECAB
Affirmed
COMM

G.S. and Department of the Interior, National Park Service, Mariposa, CA

G.S. (ECAB 15-0861): Overpayment returned for corrected pay calculation

G.S., a National Park Service maintenance worker, received injury compensation after a knee injury. OWCP found a $244.02 overpayment after changing the weekly pay rate used for his temporary job. The Board found that OWCP had counted 1,040 hours as 104 ten-hour days when applying a formula based on…

December 15, 2015 ·ECAB
Remanded
COMM

Secretary of Labor v. Kopper Glo Mining, LLC

Late review petition considered but denied

The Secretary filed a petition for discretionary review based on the date of a corrected ALJ decision rather than the earlier original decision. Rule 69(c) normally provides that correcting a clerical error does not restart the review deadline, but the corrected decision was not labeled amended and…

December 14, 2015 ·FMSHRC
Procedural
COMM

A.E. and Department of Labor, Office of Federal Contract Compliance, Detroit, MI

A.E. (ECAB 15-1918): Hearing request denied one day after deadline

A.E., a Department of Labor equal opportunity specialist, sought a hearing after OWCP denied her occupational disease claim. She faxed a letter requesting a hearing and possibly reconsideration on April 11, 2014. The 30 day hearing deadline had expired the previous day. The Board treated the April…

December 14, 2015 ·ECAB
Affirmed
COMM

G.G. and U.S. Postal Service, Post Office, Richmond, CA

G.G. (ECAB 15-1695): Late wage capacity reconsideration denied

G.G., a Postal Service worker, sought reconsideration of OWCP’s wage earning capacity determination after the one year filing period. She repeated an argument that a carpal tunnel condition made the selected administrative secretary job unsuitable. The Board found that she offered no new evidence…

December 14, 2015 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Post Office, Roseland, IL

J.D. (ECAB 15-1679): Hearing refusal upheld after reconsideration

J.D., a Postal Service mail processing clerk, had a previously denied respiratory condition claim. She requested an oral hearing after seeking reconsideration of that claim. The Board held that she was no longer entitled to a hearing as a matter of right after reconsideration. It found that OWCP…

December 14, 2015 ·ECAB
Affirmed
COMM

S.W. and Department of the Interior, National Park Service, New York, NY

S.W. (ECAB 15-1538): Ellis Island fall injury denial upheld

S.W., a National Park Service employee, reported slipping on stairs at Ellis Island and later undergoing back surgery. The fact of the fall was established, but a prior Board decision found no adequate medical explanation connecting it to his back condition. On reconsideration, he submitted a new…

December 14, 2015 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Post Office, Chicago, IL

J.D. (ECAB 15-1286): Arm schedule award denial upheld

J.D., a Postal Service mail clerk, had accepted shoulder, neck, wrist, and carpal tunnel conditions. Her treating physician proposed substantial impairment ratings for both arms, while a second opinion physician found no ratable impairment. OWCP used an impartial specialist to resolve the conflict…

December 14, 2015 ·ECAB
Affirmed
COMM

W.C. and Department of Transportation, Federal Aviation Administration, Washington, DC

W.C. (ECAB 15-1024): Neck injury claim denial upheld

W.C., a Federal Aviation Administration program analyst, reported neck and back symptoms after moving a box of archive material at work. His physicians diagnosed cervical conditions, but their causation statements either checked a form box without explanation or did not address the work activity…

December 14, 2015 ·ECAB
Affirmed
COMM

R.V. and U.S. Postal Service, Post Office, Denver, CO

R.V. (ECAB 15-1911): Toe injury claim denied for incomplete incident account

R.V., a Postal Service city carrier assistant, reported a right toe injury and wrote that she had stubbed the toe on a curb. The Board found that her short account gave a time and place but did not explain what she was doing or how the event occurred in the performance of duty. OWCP mailed her a…

December 11, 2015 ·ECAB
Affirmed
COMM

C.C. and Department of State, Foreign Services, Washington, DC

C.C. (ECAB 15-1866): Tooth injury claim denial upheld

C.C., a Department of State administrative assistant, reported that a furniture lid struck a front tooth at work. The Board found her description too vague to establish the time, place, manner, and specific tooth involved. She did not respond to OWCP’s request for details and a dentist’s report…

December 11, 2015 ·ECAB
Affirmed
COMM

J.P. and Department of Veterans Affairs, Veterans Health Administration, Brockton, MA

J.P. (ECAB 15-1717): Emotional condition claim denial upheld

J.P., a Department of Veterans Affairs accounting technician, claimed stress from interactions with a supervisor. He alleged that she pressed him to make statements against another manager and became aggressive when he declined. The Board found that his account lacked dates and specific details…

December 11, 2015 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Minneapolis, MN

J.S. (ECAB 15-1677): Continuation of pay denied after late injury form

J.S., a Postal Service carrier technician, injured his wrist after tripping over a shovel at work. OWCP accepted the fracture but denied continuation of pay because his signed injury claim was filed more than 30 days after the fall. He said an unsigned form had been returned and employer handling…

December 11, 2015 ·ECAB
Affirmed
COMM

R.R. and Department of the Treasury, Office of the Secretary, Washington, DC

R.R. (ECAB 15-1395): Overpayment upheld with first deposit fault reversed

R.R., a Treasury Department painter, continued receiving total disability compensation after returning to work. The Board upheld OWCP’s $4,247.48 overpayment finding. It found him without fault for the first erroneous direct deposit because he could not know its amount before the deposit arrived…

December 11, 2015 ·ECAB
Mixed result
COMM

E.G. and U.S. Postal Service, Post Office, Carol Stream, IL

E.G. (ECAB 15-1380): Late schedule award reconsideration denied

E.G., a Postal Service mail handler, sought reconsideration of a September 2013 decision denying a larger schedule award for her accepted arm and neck conditions. Her request arrived more than one year later. The Board found that her new medical rating and argument about a cervical disc condition…

December 11, 2015 ·ECAB
Affirmed
COMM

L.J. and U.S. Postal Service, Post Office, Amarillo, TX

L.J. (ECAB 14-1682): Benefits termination returned for a complete medical review

L.J., a Postal Service letter carrier, received benefits for accepted knee, ankle, and neck conditions after a 1993 injury and later work injuries. OWCP terminated her benefits based on a referral physician’s opinion that the accepted conditions had resolved. The Board found that the physician’s…

December 11, 2015 ·ECAB
Remanded
ALJ

Secretary of Labor v. TriCounty Stone Company, Inc.

Haul-truck steering citations vacated

MSHA cited two 35-ton haul trucks after an inspector reported three-quarters to one inch of slack in seven steering-linkage components. TriCounty Stone replaced the ball joints to abate the citations but preserved parts, videos, and an unrepaired truck for evidence. Judge L. Zane Gill found the…

December 10, 2015 ·L. Zane Gill ·FMSHRC
Citations vacated
COMM

White v. Carl Perry Enterprise, Inc.

Truck driver complaint dismissal affirmed

Fernando White worked as a commercial driver for Carl Perry Enterprise. After a work injury, he claimed the company tried to make him drive before medical clearance and then fired him for raising safety concerns. An administrative law judge dismissed his whistleblower complaint before a hearing…

December 10, 2015 ·DOL ARB
Affirmed
COMM

E.S. and U.S. Postal Service, Post Office, Denver, CO

E.S. (ECAB 15-1800): Continuation of pay denied for late injury form

E.S., a Postal Service window clerk, injured his left knee when he struck a container at work. OWCP accepted the injury and related conditions, but denied continuation of pay because he filed his injury form on April 29, more than 30 days after the January 7 incident. The Board held that the filing…

December 10, 2015 ·ECAB
Affirmed
COMM

F.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA

F.C. (ECAB 15-1787): Stair climbing knee injury claim denied

F.C., a Department of Veterans Affairs pipefitter, reported right knee pain while walking up stairs at work. The Board found that the medical reports did not clearly identify which knee conditions were attributed to that single incident or explain how climbing the stairs caused them. One physician…

December 10, 2015 ·ECAB
Affirmed
COMM

X.J. and Department of Justice, Bureau of Prisons, Atlanta, GA

X.J. (ECAB 15-1776): Benefits termination upheld, reconsideration reopened

X.J., a Bureau of Prisons correctional officer, received wage loss benefits after an accepted right quadriceps tendon rupture. OWCP ended the benefits based on opinions from his treating and referral physicians that he could return to work without restrictions from that injury. The Board upheld the…

December 10, 2015 ·ECAB
Mixed result
COMM

J.Z. and Peace Corps, St. Charles, MO

J.Z. (ECAB 15-1624): Back injury claim after service project denied

J.Z., a Peace Corps recruiter, reported back pain after shoveling mulch at a staff service project. The work incident was accepted, but the Board found no qualified medical opinion explaining how it caused a diagnosed condition. His chiropractor’s subluxation finding was not shown by x-ray as FECA…

December 10, 2015 ·ECAB
Affirmed
COMM

S.G. and U.S. Postal Service, Main Post Office, St. Paul, MN

S.G. (ECAB 15-1321): Wage capacity determination upheld

S.G., a Postal Service mail processor with accepted back conditions, worked in a modified position before the Postal Service withdrew it. OWCP had used her earnings in that position to set her wage earning capacity and reduce compensation to zero. She argued that the job was makeshift and could not…

December 10, 2015 ·ECAB
Affirmed
COMM

I.M. and U.S. Postal Service, Post Office, Munster, IN

I.M. (ECAB 15-1318): Ice fall claim denied for inadequate medical reports

I.M., a Postal Service city carrier, reported back and shoulder injuries after slipping on ice at work. OWCP accepted that the fall occurred. The Board found the submitted medical forms largely illegible, including their physician signatures, and lacking a reasoned diagnosis and explanation of…

December 10, 2015 ·ECAB
Affirmed
COMM

S.A. and U.S. Postal Service, Saint Louis NDC, Hazelwood, MO

S.A. (ECAB 15-1268): Consequential leg conditions returned for medical review

S.A., a Postal Service mail handler, had accepted left knee conditions from a 2011 injury and later sought coverage for conditions affecting her left ankle, left leg lymphatic system, and right knee. OWCP’s referral physician diagnosed additional conditions but could not determine whether they…

December 10, 2015 ·ECAB
Remanded
COMM

R.L. and U.S. Postal Service, Post Office, Minneapolis, MN

R.L. (ECAB 15-0974): Back and neck injury claim denials upheld

R.L., a Postal Service custodian, claimed back and neck injuries after lifting a garbage can into a dumpster. The Board found that the chiropractor’s reports did not adequately explain how that incident caused or aggravated the spinal findings, and one causation statement was only a checked box…

December 10, 2015 ·ECAB
Affirmed
COMM

Secretary of Labor v. Oak Grove Resources, LLC

Safeguard violation affirmed but S&S reversed

Oak Grove pushed a haulage car carrying a 24-ton shearer body on its main haulage road despite a mine-specific safeguard prohibiting the pushing of cars there. During the move, the carrier derailed, two locomotives rolled downhill, and a miner was pinned against the carrier and fatally injured. The…

December 9, 2015 ·FMSHRC
Remanded
COMM

Matter of Jorge V. CALVILLO GARCIA

Probationary treatment-facility confinement is a term of imprisonment

The Board reviewed a Mexican lawful permanent resident's eligibility for cancellation of removal after an aggravated-assault conviction. The respondent had received deferred adjudication and five years of community supervision, with a condition requiring up to one year of confinement in a Texas…

December 9, 2015 ·BIA
Affirmed
COMM

A.G. and U.S. Postal Service, Post Office, Tampa, FL

A.G. (ECAB 15-1766): Shoulder injury claim denial upheld

A.G., a Postal Service mail handler, reported shoulder pain while tightening straps on equipment in a trailer. The Board found that physicians’ reports did not explain how the April 9, 2014 incident caused or aggravated a diagnosed condition. Some reports described pain beginning weeks or months…

December 9, 2015 ·ECAB
Affirmed
COMM

D.R. and U.S. Postal Service, Post Office, Springfield, IL

D.R. (ECAB 15-1764): Knee condition claim denial upheld

D.R., a Postal Service carrier technician, claimed that years of walking on his route caused knee problems. The Board found that the medical reports described pain and diagnostic findings but did not explain how his duties caused or aggravated a firm diagnosis. Imaging reports did not address work…

December 9, 2015 ·ECAB
Affirmed
COMM

C.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI

C.R. (ECAB 15-1409): Hearing restored after notice went to wrong address

C.R. requested a telephone hearing after OWCP denied his traumatic injury claim. OWCP mailed the hearing notice to a street address with a different number from the one he supplied, and he did not appear. The Board held that the usual presumption of receipt did not apply to an incorrectly addressed…

December 9, 2015 ·ECAB
Remanded
COMM

N.D. and U.S. Postal Service, Processing & Delivery Center, Southeastern, PA

N.D. (ECAB 15-1392): Two percent left arm impairment upheld

N.D., a Postal Service mail handler, received a schedule award for her accepted left shoulder tendinitis. After an earlier Board remand, an impartial orthopedic examiner rated her left upper extremity impairment at two percent, and a different OWCP medical adviser confirmed that rating. N.D. sought…

December 9, 2015 ·ECAB
Affirmed
COMM

P.C. and U.S. Postal Service, Post Office, Charlotte, NC

P.C. (ECAB 15-1382): Knee injury claim denied for lack of medical explanation

P.C., a Postal Service city carrier, said her left knee popped as she entered her truck during work on May 27, 2014. OWCP accepted that the incident occurred but denied her injury claim. The Board found that her doctor attributed a meniscus tear to the incident without explaining the medical basis…

December 9, 2015 ·ECAB
Affirmed
COMM

V.D. and U.S. Postal Service, Post Office, Rock Island, IL

V.D. (ECAB 15-1169): Right knee injury claim denied

V.D., a Postal Service letter carrier, said his right knee popped while he descended stairs after delivering mail. OWCP accepted that the April 22, 2014 incident occurred but denied his injury claim. The Board found that physicians diagnosed knee conditions without adequately explaining how the…

December 9, 2015 ·ECAB
Affirmed
COMM

C.G. and U.S. Postal Service, Bulk Mail Center, Jacksonville, FL

C.G. (ECAB 15-0701): First incorrect deposit sent back for waiver review

C.G., a Postal Service mail handler receiving compensation for accepted carpal tunnel syndrome, was paid at her old rate after OWCP reduced her benefits. The Board upheld OWCP’s finding that she received a $2,816 overpayment from May 4 through June 28, 2014. It found she was not at fault for…

December 9, 2015 ·ECAB
Remanded
COMM

G.C. and Tennessee Valley Authority, Sequoyah Nuclear Plant, Soddy Daisy, TN

G.C. (ECAB 15-0587): Lung disease claim sent for impartial examination

G.C., a maintenance mechanic and boilermaker at a Tennessee Valley Authority plant, claimed that workplace exposures caused lung disease. His physician read chest imaging as showing occupational pneumoconiosis and early asbestosis, while an OWCP referral physician found no evidence of work-related…

December 9, 2015 ·ECAB
Remanded
COMM

M.R. and Department of Commerce, U.S. Census Bureau, Philadelphia, PA

M.R. (ECAB 15-0583): Board vacates its inconsistent prior order

The Board’s August 26, 2015 decision said in its conclusion that M.R. had not established additional carpal tunnel syndrome or a claimed period of disability. Its operative order, however, incorrectly said that OWCP’s November 5, 2014 decision was set aside. The Board found that the conflicting…

December 9, 2015 ·ECAB
Procedural
COMM

M.R. and Department of Commerce, U.S. Census Bureau, Philadelphia, PA

M.R. (ECAB 15-0583): Carpal tunnel and disability claims denied

M.R., a Census Bureau field representative, was injured when another vehicle struck her car during work in March 2002. OWCP accepted several neck, back, and headache conditions, but she also sought coverage for bilateral carpal tunnel syndrome and disability from March 29 to July 15, 2003. The…

December 9, 2015 ·ECAB
Affirmed

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.