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

H.D. and Department of the Navy, Army Materiel Command, Picatinny, NJ

H.D. (ECAB 14-1324): End of wage-loss benefits upheld

H.D., a technical writer-editor, received wage-loss compensation after several accepted workplace injuries. OWCP ended that compensation effective June 14, 2013 after its referral physician concluded that she could perform her regular sedentary job despite remaining symptoms. The Board found his…

December 9, 2015 ·ECAB
Affirmed
ALJ

Secretary of Labor on behalf of Jeremy Jones v. Kingston Mining, Inc.

Temporary reinstatement ordered on remand

The Commission had reversed an earlier ruling against Jeremy Jones and directed the ALJ to consider evidence about safety complaints, workplace isolation, the layoff process, and later hiring. After hearing that evidence, Judge William B. Moran found that Jones met the temporary-reinstatement…

December 8, 2015 ·William B. Moran ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Cemex, Inc.

Late-disclosed expert allowed with continuance

The Secretary disclosed an MSHA engineer as an expert witness two days after the business-day deadline in the hearing notice. Cemex moved to exclude the witness, arguing that the late disclosure was unfair and conflicted with discovery and summary-decision rules. Judge Priscilla M. Rae found that…

December 8, 2015 ·Priscilla M. Rae ·FMSHRC
Procedural
COMM

M.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX

M.B. (ECAB 15-1752): Carpal tunnel claim remains denied

M.B., an IT specialist at a Veterans Affairs medical center, claimed that repetitive computer work caused left carpal tunnel syndrome. After an earlier denial, he submitted treatment notes from a hand surgeon who said his symptoms appeared work related. The Board found that the doctor understood…

December 8, 2015 ·ECAB
Affirmed
COMM

K.C. and U.S. Postal Service, Post Office, San Diego, CA

K.C. (ECAB 15-1732): Neck and shoulder claim denied

K.C., a Postal Service letter carrier, attributed neck and right shoulder conditions to years of casing and carrying mail. OWCP accepted his work duties and medical diagnoses but denied the occupational disease claim. The Board found that one physician checked a form box stating the shoulder…

December 8, 2015 ·ECAB
Affirmed
COMM

M.G. and Department of the Interior, Blackfeet Agency, Browning, MT

M.G. (ECAB 15-1552): Compensation suspension and hearing denial upheld

M.G., a former firefighter with an accepted knee injury, received wage-loss compensation. OWCP asked him to complete a Form CA-1032 disclosing employment and earnings, but he did not return the requested information before it suspended benefits effective February 8, 2015. He later requested an oral…

December 8, 2015 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Parkville Station, Brooklyn, NY

L.S. (ECAB 15-1433): Late hearing request denied

L.S., a Postal Service carrier, sought an oral hearing after OWCP denied his claimed back injury. His hearing request reached OWCP more than 30 days after its September 19, 2014 decision. The Board found the request untimely and held that OWCP reasonably exercised its discretion to deny a late…

December 8, 2015 ·ECAB
Affirmed
COMM

S.O. and Peace Corps, Peace Corps-Enrollees, Washington, DC

S.O. (ECAB 15-1412): Reconsideration request did not reopen disability claim

S.O., a Peace Corps volunteer in Guatemala, sought wage-loss compensation for a claimed period of disability related to a lower back condition. After OWCP denied that claim, she requested reconsideration and submitted additional medical records. The Board found that the new records did not address…

December 8, 2015 ·ECAB
Affirmed
COMM

G.B. and U.S. Postal Service, Post Office, Zephyrhills, FL

G.B. (ECAB 15-1319): Claimed recurrence of disability denied

G.B., a Postal Service rural mail carrier, had accepted lumbar injuries from an October 2010 work incident and later returned to full duty. She sought compensation for June 4 through 17, 2014, when she missed work amid back pain and treatment. The Board found that her physician supported time off…

December 8, 2015 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Processing & Distribution Center, Hartford, CT

M.D. (ECAB 15-1317): Hand and elbow injury claim denied

M.D., a Postal Service mail processing clerk, claimed that her work caused right carpal tunnel, trigger finger, and elbow conditions. OWCP asked her to describe the work duties involved and provide a physician’s reasoned medical opinion, especially because a prior claim had accepted some of the…

December 8, 2015 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 3955 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Tucson, Arizona (Agency)

FCC Tucson and AFGE Local 3955 (FLRA 0-AR-5139): Liquidated-damages period remanded

An arbitrator found repeated Fair Labor Standards Act violations at FCC Tucson and awarded liquidated damages equal to unpaid overtime, but limited recovery to the period beginning when the agency denied the grievance. The Authority held that 29 U.S.C. § 255(a) guarantees at least two years of…

December 8, 2015 ·FLRA
Remanded
COMM

T.W. and Department of Veterans Affairs, West Los Angeles Medical Center, Los Angeles, CA

T.W. (ECAB 15-1347): Patient assault injury claim denied

T.W., a medical technician at a Veterans Affairs facility, reported that a patient struck her face and head at work. The Board accepted that the October 31, 2014 incident occurred, but found that her medical records did not link it to a diagnosed condition. Physicians recorded symptoms and…

December 7, 2015 ·ECAB
Affirmed
COMM

P.S. and Department of the Interior, Wapato Irrigation Project, Wapato, WA

P.S. (ECAB 15-1672): Work travel injury claim sent back for fact development

P.S., a substation operator associate, claimed a lower back injury after another vehicle struck the vehicle he was driving. OWCP denied the claim without obtaining a written statement from his employer about whether he was working at the time. The Board found that the missing employer statement was…

December 7, 2015 ·ECAB
Remanded
COMM

G.M. and Department of Agriculture, Forest Service, Albuquerque, NM

G.M. (ECAB 15-1645): Expanded back claim and treatment request denied

G.M., a Forest Service technician, sustained an accepted lumbar strain while shoveling snow at work. He later sought to add a more serious disc condition to the claim and obtain authorization for chiropractic care. The Board found that his physician had not explained how the work incident caused…

December 7, 2015 ·ECAB
Affirmed
COMM

A.R. and U.S. Postal Service, Watson Community Station, Fort Worth, TX

A.R. (ECAB 15-1598): Late reconsideration request denied

A.R., a Postal Service carrier, sought compensation for an emotional condition after assisting a wounded person during her route. OWCP accepted the incident but denied the injury claim, and her reconsideration request arrived more than a year after that merits decision. The Board held the request…

December 7, 2015 ·ECAB
Affirmed
COMM

R.B. and Department of the Navy, Naval Shipyard, Portsmouth, VA

R.B. (ECAB 15-1482): Additional tinnitus award granted

R.B., a retired Navy ship fitter, had an accepted hearing loss claim and a schedule award based on 67 percent binaural impairment. He sought a greater award that accounted for tinnitus. The Board credited a second opinion physician’s supported evaluation of tinnitus and found that OWCP’s medical…

December 7, 2015 ·ECAB
Modified
COMM

P.D. and Department of Justice, Bureau of Prisons, Federal Corrections Complex Carswell, Fort Worth, TX

P.D. (ECAB 15-1111): Increased arm impairment request sent back for review

P.D., a Bureau of Prisons food service supervisor, received schedule awards for five percent impairment of each upper extremity after accepted work-related conditions. She sought larger awards and submitted a physician’s new report explaining higher impairment calculations. OWCP rejected the report…

December 7, 2015 ·ECAB
Remanded
COMM

D.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Mountain Home, TN

D.F. (ECAB 15-1057): Workplace stress claim denied

D.F., a nurse at a Veterans Affairs medical center, attributed an emotional condition to workplace discipline, investigations, leave decisions, and alleged harassment. The Board found that she had not shown error or abuse in the employer’s administrative actions, including its investigation of a…

December 7, 2015 ·ECAB
Affirmed
COMM

J.K. and Department of Health & Human Services, Centers for Medicare & Medicaid Services, Rockville, MD

J.K. (ECAB 15-0926): Claimed disability after workplace fall denied

J.K., a health insurance specialist, sustained several accepted injuries after a workplace fall in January 2014. He sought wage-loss compensation for February 24 through August 11, 2014. The Board found that his physicians described symptoms and disability but did not adequately explain how the…

December 7, 2015 ·ECAB
Affirmed
ALJ

Pepper Contracting Services, Inc.

Highway work-zone struck-by citation affirmed

Pepper Contracting supervised a highway milling operation where an employee was assigned to uncover a utility box in the path of moving dump trucks. A subcontractor's truck struck the employee, who later died from his injuries. The judge found that Pepper knew workers and vehicles could conflict…

December 7, 2015 ·John B. Gatto ·OSHRC
Citations affirmed
COMM

Secretary of Labor v. O & G Industries, Inc.

Contest mailed with payment reopened

O & G Industries intended to contest part of a proposed penalty assessment but mailed the contest form with its partial payment to MSHA's payment office. Because that office was not the designated contest address, the assessment became a final Commission order. The Secretary did not oppose…

December 4, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Emerald Processing, LLC

Three-day deadline miscalculation excused

Emerald Processing missed the penalty-contest deadline by three days. The company explained that a warehouse technician who received the assessment departed from the established procedure and miscalculated the due date. The Secretary did not oppose reopening but urged the operator to handle future…

December 4, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Howard R. Hensley, employed by Mill Branch Coal Co.

Secretary of Labor v. Howard R. Hensley (FMSHRC VA 2015-29): Individual penalty reopened after address change

Howard Hensley did not timely contest an individual penalty assessment under section 110(c). He said he never received the assessment because his home address had changed, and postal records showed that the mail was refused and returned to MSHA because the addressee was unknown. The Secretary did…

December 4, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Elmore Sand & Gravel, Inc.

Resignation-related contest default reopened

Elmore Sand & Gravel's safety director resigned near the time a proposed penalty assessment arrived and did not tell anyone about it. The company submitted the contest form one day after the assessment became final, and counsel's travel contributed to delay in filing the reopening motion. Elmore…

December 4, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Empresas Ortiz Brunet, Inc.

Penalty assessment reopened after case confusion

Empresas Ortiz Brunet said confusion with other cases led it to believe that it had already sent a penalty-contest form, which it had not submitted. The company contacted MSHA to resolve the matter a little more than a month after the assessment became final. The Secretary did not oppose reopening…

December 4, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. J.M. Huber Corporation

Final assessment reopened

J.M. Huber said it made a partial payment on a proposed penalty assessment but mistakenly failed to submit the contest form for the remaining penalties. The assessment therefore became a final Commission order. The Secretary did not oppose reopening but urged the company to submit future contests…

December 4, 2015 ·FMSHRC
Remanded
COMM

Hood v. R&M Pro Transport, LLC and Baylor Intermodal, Inc.

Hood v. R&M Pro Transport and Baylor Intermodal (DOL ARB 15-010): Truck driver's retaliation award affirmed

Chris Hood, a contract truck driver, refused to haul a load that exceeded federal weight limits. A Labor Department judge found that R&M Pro Transport and Baylor Intermodal retaliated against him and ordered relief. The Board held that Hood's refusal was protected under the Surface Transportation…

December 4, 2015 ·DOL ARB
Affirmed
COMM

W.K. and U.S. Postal Service, Post Office, Pensacola, FL

W.K. (ECAB 15-1725): Carpal tunnel claim denied

W.K., a Postal Service carrier, claimed that daily mail casing caused left carpal tunnel syndrome. OWCP accepted that the work duties occurred and that he had the diagnosis, but denied the claim for lack of medical evidence connecting the two. His physician said the work situation may have…

December 4, 2015 ·ECAB
Affirmed
COMM

W.B. and Department of Labor, Mine Safety & Health Administration, Dallas, TX

W.B. (ECAB 15-1516): Claimed recurrence of knee disability denied

W.B., a federal mine inspector, injured his right knee at work and later returned to a light-duty position. He claimed a recurrence of total disability beginning May 16, 2014 as his knee symptoms worsened. The Board found that his physicians had not identified a specific change in the accepted…

December 4, 2015 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Ypsilanti, MI

J.S. (ECAB 15-1436): Right knee claim not reopened

J.S., a Postal Service carrier technician, sought to reopen a denied claim that work had aggravated her right knee condition. Her reconsideration request was timely because it came within one year of the Board’s earlier merits decision. The Board found that much of her submission duplicated earlier…

December 4, 2015 ·ECAB
Affirmed
COMM

R.S. and Department of Veterans Affairs, Veterans Health Administration, Tampa, FL

R.S. (ECAB 15-1358): Missed hearing treated as abandoned

R.S., a Veterans Affairs nursing assistant, requested an oral hearing after OWCP denied her recurrence of disability claim. OWCP mailed notice of the scheduled hearing to her address of record. She did not call in, seek a postponement, or explain her absence to OWCP within 10 days. The Board held…

December 4, 2015 ·ECAB
Affirmed
COMM

G.T. and Department of Veterans Affairs, L. Stokes Cleveland Veterans Administration Medical Center, Cleveland, OH

G.T. (ECAB 15-1245): Ankle recurrence claim not reopened

G.T., a former Veterans Affairs medical technician, had an accepted right ankle fracture from a 1983 work incident. He later claimed that worsening ankle problems required additional care. The Board found that the medical imaging he submitted with his reconsideration request had already been…

December 4, 2015 ·ECAB
Affirmed
COMM

L.W. and U.S. Postal Service, Post Office, Oakland, CA

L.W. (ECAB 15-0990): Wage-earning capacity claim not reopened

L.W., a Postal Service mail processing clerk with accepted upper extremity conditions, challenged an earlier finding that her modified job reflected her wage-earning capacity. She argued that the position was temporary and that her medical condition had changed. The Board found that OWCP had…

December 4, 2015 ·ECAB
Affirmed
COMM

J.S. and Department of Defense, Defense Contract Management Agency, Pittsburgh, PA

J.S. (ECAB 14-1878): Claimed recurrence after head injury denied

J.S., a Defense Contract Management Agency employee, had an accepted concussion and related conditions after a workplace fall. After returning to full duty, he claimed another recurrence of disability beginning September 17, 2013 because of headaches and other symptoms. The Board found that his…

December 4, 2015 ·ECAB
Affirmed
COMM

J.S. and Department of Veterans Affairs, Northern Florida/Southern Georgia Healthcare System, Gainesville, FL

J.S. (ECAB 14-1532): Union office assault claim denied

J.S., a Veterans Affairs pharmacy technician, reported right arm and hand injuries after an altercation with a local union official. OWCP accepted that the incident occurred while she was on paid official time, but denied the injury claim. The Board found that the dispute concerned an internal…

December 4, 2015 ·ECAB
Affirmed
COMM

S.R. and U.S. Postal Service, Chicago Loop Station, Chicago, IL

S.R. (ECAB 14-1408): Injury claim denied on revised grounds

S.R., a Postal Service carrier and union steward, reported a cerebral aneurysm and headaches after a heated argument with management about vacation selections. The Board held that she was in the performance of duty because she was carrying out union representational work. It rejected OWCP’s later…

December 4, 2015 ·ECAB
Modified
COMM

E.P. and U.S. Postal Service, Post Office, Belmont, MI

E.P. (ECAB 15-1746): Neck injury claim denied for lack of medical causation

E.P., a Postal Service rural carrier, tripped on uneven steps while delivering a package in the rain. The Board accepted that the fall happened. Her doctor diagnosed a soft tissue neck injury, but his causation form only checked a box and his other reports did not explain how the fall caused or…

December 3, 2015 ·ECAB
Affirmed
COMM

D.S. and Department of Agriculture, Forest Service, Douglas, AZ

D.S. (ECAB 15-1742): Knee and back injury claim denied for insufficient incident details

D.S., a Forest Service technician, claimed that he injured his right knee and back after stepping off a track and falling. OWCP initially handled the claim for limited medical payments, then reviewed its merits when the bills exceeded $1,500. The Board found that his brief account did not explain…

December 3, 2015 ·ECAB
Affirmed
COMM

S.J. and Department of the Army, Army Medical Center, Tacoma, WA

S.J. (ECAB 15-1728): Shoulder claim denied for lack of causal medical opinion

S.J., an Army medical support assistant, claimed a right shoulder injury after moving boxes at work over a week. OWCP accepted that the work occurred and that physicians had diagnosed a shoulder condition. The Board found that the radiologist described tears on an MRI without addressing their…

December 3, 2015 ·ECAB
Affirmed
COMM

E.P. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

E.P. (ECAB 15-1609): Late back claim reconsideration denied

E.P., an Air Force computer operator, had an accepted back strain from a 1988 fall but later sought benefits for a claimed recurrence. OWCP last decided the recurrence on its merits in March 1991. The Board found that his June 2015 reconsideration request was years beyond the one-year filing…

December 3, 2015 ·ECAB
Affirmed
COMM

W.H. and Department of Homeland Security, Customs & Border Protection, OFC-Los Angeles, CA

W.H. (ECAB 15-1434): Schedule award denial affirmed without permanent impairment proof

W.H., a customs inspector, sought a schedule award for erectile dysfunction that OWCP had accepted as work related. The Board found that the record did not establish maximum medical improvement or provide a supported permanent impairment rating under the A.M.A. Guides. One physician suggested a…

December 3, 2015 ·ECAB
Affirmed
COMM

T.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL

T.T. (ECAB 15-1397): Late oral hearing request denied

T.T., a Veterans Affairs housekeeping aid, received a schedule award for one percent permanent impairment of his right arm. He requested an oral hearing more than seven months after OWCP issued the award decision. The Board found that he missed the 30-day deadline for a hearing as a matter of right…

December 3, 2015 ·ECAB
Affirmed
COMM

P.O. and U.S. Postal Service, Post Office, Honolulu, HI

P.O. (ECAB 14-1675): Right hip claim expansion and reconsideration denials upheld

P.O., a postal letter carrier, sought to add right hip osteoarthritis to a claim arising from a 1997 fall. OWCP had accepted several conditions from that fall, including a right hip contusion. The Board credited a second opinion surgeon who explained why the osteoarthritis reflected natural…

December 3, 2015 ·ECAB
Affirmed
COMM

K.C. and Department of Homeland Security, Transportation Security Administration Federal Air Marshal Service, West Orange, NJ

K.C. (ECAB 14-1561): Claimed recurrence after removal from desk assignment denied

K.C., a Federal Air Marshal, sought wage-loss benefits after his desk assignment ended and he was removed from service. OWCP had accepted a right hip injury from 2007 and related conditions. The Board found no evidence that the desk assignment was specifically assigned to accommodate restrictions…

December 3, 2015 ·ECAB
Affirmed
COMM

R.B. and Department of Housing & Urban Development, Washington, DC

R.B. (ECAB 14-1459): Wage capacity reduction reversed over unsupported pay rate

R.B., a housing agency inspector, received compensation after a fall caused accepted wrist, back, neck, and shoulder conditions. OWCP reduced his benefits based on wages it said he could earn as a civil engineer. The Board accepted the use of a median wage for his qualifications but found…

December 3, 2015 ·ECAB
Vacated
COMM

American Federation of Government Employees, Council of Prison Locals 33, Local 3690 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Miami, Florida (Agency)

AFGE Local 3690 and FCI Miami (FLRA 0-AR-5129): Overtime backpay and fees denied

FCI Miami had continued assigning overtime despite an agreement barring shifts that conflicted with employees' regular work schedules, then stopped the practice without bargaining. An arbitrator found that the later custom had become binding and ordered its resumption, but denied backpay because…

December 3, 2015 ·FLRA
Upheld
COMM

Matter of Miguel Angel CASTRO-LOPEZ

NACARA presence period starts at the latest removal ground

The Board reviewed the grant of special rule cancellation of removal under NACARA to a Salvadoran respondent who entered the United States without inspection and was later convicted of cocaine possession. The Board held that the 10-year continuous-presence period for the applicable criminal ground…

December 2, 2015 ·BIA
Remanded
COMM

L.E. and Department of the Air Force, Edwards Air Force Base, Rosamond, CA

L.E. (ECAB 15-1761): Heart attack and continuation-of-pay denials affirmed

L.E., an Air Force road construction worker, suffered a cardiac arrest while operating a sweeper at work. OWCP accepted that the March 13, 2015 work incident occurred but denied his injury claim because the medical evidence did not link his heart condition to that incident. The Board affirmed: his…

December 2, 2015 ·ECAB
Affirmed
COMM

A.T. and U.S. Postal Service, Post Office, Lancaster, CA

A.T. (ECAB 15-1727): Refusal to reopen foot claim upheld

A.T., a postal letter carrier, sought compensation for a left foot condition she associated with walking her route. OWCP denied the claim after finding that her medical evidence did not adequately connect the condition to her work. When A.T. later requested reconsideration, she submitted no new…

December 2, 2015 ·ECAB
Affirmed
COMM

K.K. and Department of Health & Human Services, Gallup Indian Medical Center, Gallup, NM

K.K. (ECAB 15-1662): Injury rescission set aside for review of submitted evidence

OWCP had accepted K.K.’s right hand sprain claim, then rescinded its acceptance and ended her benefits after concluding that the incident and medical connection had not been established. K.K. submitted factual and medical information that OWCP received on the same day it issued the rescission…

December 2, 2015 ·ECAB
Remanded
COMM

D.V. and U.S. Postal Service, Processing & Distribution Plant, Oakland, CA

D.V. (ECAB 15-1533): Information clerk wage capacity reduction upheld

D.V., a postal mail clerk, received compensation for a right shoulder injury and had several surgeries. OWCP reduced her benefits after finding she could work as an information clerk at $440 per week. The Board found that this sedentary job fit the restrictions described by her physician and was…

December 2, 2015 ·ECAB
Affirmed
COMM

G.C. and Department of State, Bureau of Administration, Washington, DC

G.C. (ECAB 15-0370): Medical benefit termination date changed

G.C., a State Department employee, received compensation after plaques struck her right foot at work. OWCP later rescinded its acceptance of a right ankle fracture and ended her wage-loss and medical benefits. The Board upheld the rescission because medical opinions explained that the reported…

December 2, 2015 ·ECAB
Modified
COMM

J.N. and Department of Homeland Security, Transportation Security Administration, Newark, NJ

J.N. (ECAB 14-1764): Commute to training held outside performance of duty

J.N., a federal air marshal, was injured in a road accident while driving from home to an offsite training class. His employer had offered transportation from his duty station but allowed him to drive his own vehicle because the training site was closer to home. The Board treated the trip as an…

December 2, 2015 ·ECAB
Affirmed
COMM

F.G. and U.S. Postal Service, Post Office, Edison, NJ

F.G. (ECAB 14-1333): Back injury claim denied over inconsistent medical history

F.G., a postal maintenance technician, claimed a back injury after servicing mail processing machines. OWCP accepted his account of the work but found that the medical evidence did not establish a connection to his back condition. On reconsideration, his physician described back pain beginning…

December 2, 2015 ·ECAB
Affirmed
COMM

S.L. and U.S. Postal Service, North Texas Processing & Distribution Center, Coppell, TX

S.L. (ECAB 14-1250): Lumbar claim and benefit termination affirmed

S.L., a postal mail handler, had an accepted left foot injury and later claimed that it caused a lumbar condition. She challenged the selection of an impartial medical specialist and OWCP’s decision to end her benefits. The Board found that OWCP followed its selection procedures and that the…

December 2, 2015 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency)

AFGE Local 2145 and Richmond VA Medical Center (FLRA 0-AR-5151): Union exceptions denied

AFGE Local 2145 filed exceptions to an arbitration award involving the Richmond VA Medical Center. The union challenged the award on factual and contract-interpretation grounds. After reviewing the record and governing precedent, the Authority held that the asserted factual error either concerned a…

December 2, 2015 ·FLRA
Upheld
COMM

T.M. and Department of Homeland Security, JFK Airport Building, Jamaica, NY

T.M. (ECAB 14-1922): Surveillance duty back claim denied for lack of medical explanation

T.M., a federal special agent, said extended sitting and driving during surveillance aggravated his back. OWCP accepted that he performed the surveillance assignment but found that his medical evidence did not connect it to a back injury. His physician diagnosed a lumbar disc herniation and…

December 1, 2015 ·ECAB
Affirmed
COMM

M.W. and Social Security Administration, Office of Disability Adjudication & Review, Mt. Pleasant, MI

M.W. (ECAB 14-1921): Knee schedule award denied because surgery was unrelated to work

M.W., a Social Security Administration legal assistant, had an accepted aggravation of right knee osteoarthritis and a meniscus tear. She later underwent a total knee replacement and sought a schedule award for permanent leg impairment. An impartial orthopedic specialist found that the work…

December 1, 2015 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, Frazer, MT

J.H. (ECAB 14-1777): Reconsideration denial set aside for merit review

J.H., a postal postmaster, reported wrist and shoulder injuries after falling while shoveling snow at work. The Board affirmed OWCP’s initial denial because the record at that point lacked a physician’s reasoned opinion connecting the conditions to the fall. With her reconsideration request, J.H…

December 1, 2015 ·ECAB
Remanded
COMM

D.C. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY

D.C. (ECAB 14-1198): Pulmonary disease claim denied on impartial medical opinion

D.C., a Tennessee Valley Authority plant laborer, claimed that workplace coal dust and asbestos exposures caused pneumoconiosis, asbestosis, and bronchitis. His physician and OWCP’s examining physician disagreed, so OWCP referred him to an impartial pulmonologist. That specialist found chronic…

December 1, 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.