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
63,882 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

ALJ

Secretary of Labor v. Peabody Twentymile Mining, LLC

Spray-foam stopping citation affirmed

Peabody Twentymile used non-strength-enhancing polyurethane foam to seal the perimeter of a dry-stacked concrete-block ventilation stopping. Judge David P. Simonton held that traditionally accepted block-stopping construction under 30 C.F.R. § 75.333(e)(1) required a strength-enhancing perimeter…

November 30, 2015 ·David P. Simonton ·FMSHRC
Mixed result
COMM

Secretary of Labor v. Jim Reeves, employee of Rodeo Creek Gold, Inc.

Secretary of Labor v. Jim Reeves (FMSHRC WEST 2014-83): Personal-service issue made reopening moot

MSHA delivered an individual penalty assessment for Jim Reeves to the mine where he had worked as a shift foreman. Reeves said he never personally received it, and the Secretary conceded that personal service may not have occurred. Because the 30-day contest period begins upon the individual's…

November 30, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. U.S. Coating Applicators, LLC

Final assessment reopened after disputed delivery

MSHA's first mailing of a proposed penalty assessment to U.S. Coating Applicators was returned undelivered. MSHA records showed delivery after a second mailing, but the operator said it still did not receive the assessment and asserted that postal tracking confirmed it had not signed for it. The…

November 30, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. The Doe Run Company

Four near-deadline contests reopened

Doe Run filed contests for four proposed penalty assessments a few days after they became final Commission orders. The Secretary opposed reopening, noting that the operator did not dispute the missed deadlines and that its safety director should have known the contest procedures. The Commission…

November 30, 2015 ·FMSHRC
Remanded
COMM

Suber and James v. CSX Transportation, Inc.

Suber and James v. CSX (DOL ARB 2016-0015): Board complaints dismissed for district court action

William Suber and Bryan James alleged that CSX retaliated against them for protected railroad safety activity. After an administrative law judge granted summary decision for CSX, both workers and CSX petitioned the Board for review. The workers then notified the Board that they intended to bring…

November 30, 2015 ·DOL ARB
Procedural
COMM

United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Chapter 73 (Union)

IRS and NTEU Chapter 73 (FLRA 0-AR-5145): Telework requests require individual review

Eight IRS financial technicians sought frequent telework, but the agency denied every request because the employees could not remotely access a telephone system used for taxpayer callbacks and occasional call-center backup. An arbitrator found that most duties were portable, callbacks averaged only…

November 30, 2015 ·FLRA
Upheld
ALJ

All Steel, Inc.

Late contest dismissed for lack of excusable neglect

OSHA issued All Steel two citations containing four items and proposed $2,800 in penalties. The company filed its notice of contest 53 days after the statutory deadline, explaining that family illness and the demands of keeping the business operating caused the delay. The judge found those general…

November 27, 2015 ·Patrick B. Augustine ·OSHRC
Procedural
COMM

S.C. and U.S. Postal Service, Post Office, Westbury, NY

S.C. (ECAB 16-0002): Cold weather faintness claim denied for lack of medical explanation

S.C., a postal employee, became dizzy and weak while unloading a truck outdoors in very cold weather. OWCP accepted that the work incident occurred, but denied the injury claim because the medical evidence did not adequately connect his near fainting episode to the work. Several physicians…

November 25, 2015 ·ECAB
Affirmed
COMM

D.N. and Department of Veterans Affairs, Health Resource Center, Topeka, KS

D.N. (ECAB 15-1737): Thumb condition claim denied for lack of medical reasoning

D.N., a Veterans Affairs contact representative, claimed that typing and mouse work caused a right thumb tendon condition. OWCP accepted her account of the repetitive work but denied the claim for insufficient medical evidence of causation. Her physician diagnosed tenosynovitis and attributed it to…

November 25, 2015 ·ECAB
Affirmed
COMM

G.E. and U.S. Postal Service, Post Office, Hampton, VA

G.E. (ECAB 15-1688): Hip arthritis claim denied for lack of causal explanation

G.E., a postal carrier, reported groin pain while walking his delivery route and later received a left hip arthritis diagnosis. OWCP accepted that the April 4, 2014 work incident occurred but denied the injury claim. The Board found that his orthopedic surgeon described the incident and condition…

November 25, 2015 ·ECAB
Affirmed
COMM

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

R.S. (ECAB 15-1686): Disability claim after postal vehicle accident denied

R.S., a postal letter carrier, had accepted back, hip, and postconcussion conditions after a work vehicle accident. He claimed continuing total disability after January 25, 2013. His physician and an OWCP examiner disagreed about whether the accepted conditions still had effects, so OWCP obtained…

November 25, 2015 ·ECAB
Affirmed
COMM

D.G. and Department of the Treasury, Internal Revenue Service, King of Prussia, PA

D.G. (ECAB 15-1678): Chair incident claim denied without a diagnosed condition

D.G., an Internal Revenue Service revenue officer, said her chair rolled away as she tried to sit, injuring her back and legs. The Board accepted that the workplace incident occurred. Her physician’s report described low back pain but did not identify a medical condition causing it or explain how…

November 25, 2015 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Post Office, Napa, CA

J.D. (ECAB 15-1158): Life insurance premium overpayment set aside

J.D., a former postal carrier receiving disability compensation, was told that OWCP had failed to deduct life insurance premiums for nearly 20 years. OWCP claimed a $17,117.61 overpayment and sought repayment, while finding he was not at fault. The Board found that the record did not contain his…

November 25, 2015 ·ECAB
Remanded
COMM

V.A. and Department of Commerce, Bureau of the Census, Dallas, TX

V.A. (ECAB 15-1073): Medical benefits preserved for accepted jaw condition

V.A., a Census Bureau field representative, received compensation after a 1996 fall at work caused several accepted conditions. OWCP ended her wage-loss and medical benefits in 2013. The Board gave special weight to an impartial physician’s reasoned opinion that most work injury residuals had…

November 25, 2015 ·ECAB
Modified
COMM

J.S. and Department of Labor, Office of Workers’ Compensation Programs, Seattle, WA

J.S. (ECAB 15-0623): Refusal to reopen knee schedule award claim upheld

J.S., a Labor Department claims examiner, sought a larger schedule award for left knee impairment after an accepted workplace fall. OWCP denied her requests to reopen the claim for another merits review. The Board found that her objections to an earlier impartial examination concerned an issue it…

November 25, 2015 ·ECAB
Affirmed
COMM

J.V. and Department of Homeland Security, Transportation Security Administration, Atlanta, GA

J.V. (ECAB 15-0140): Compensation overpayment and denial of waiver upheld

J.V., a transportation security employee, received disability compensation after a work shoulder injury. OWCP continued paying total disability compensation after he returned to full-time work, creating an overpayment of $2,499.52 after accounting for premium pay. The Board upheld the amount…

November 25, 2015 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Nine Mile Mining, Inc.

Electrical-examination order affirmed

Nine Mile's required electrical examinations did not identify five loose lights and a broken light globe on a continuous miner and roof bolter. The equipment had been idle or nearly idle for five days, so Judge Priscilla M. Rae found that the defects existed when the examinations were performed and…

November 24, 2015 ·Priscilla M. Rae ·FMSHRC
Citations affirmed
ALJ

TXI Operations LP v. Secretary of Labor

Settlement denied for unsupported 80% reduction

The Secretary and TXI Operations proposed reducing total penalties from $7,314 to $4,294 and vacating a related imminent-danger order. One citation would have fallen from $3,784 to $764 even though the inspector described a leaning platform with one broken support bolt, two bent bolts, observed…

November 24, 2015 ·William B. Moran ·FMSHRC
Procedural
COMM

United States Department of the Interior, National Park Service, Northeast Region (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)

National Park Service Northeast Region and AFGE (FLRA BN-RP-13-0021): Nine units consolidated

AFGE sought to consolidate nine bargaining units covering employees at fifty-two National Park Service locations across seven northeastern states. A regional director found a shared overarching preservation mission, common regional policies and services, a history of regional labor-relations…

November 24, 2015 ·FLRA
Upheld
COMM

Kleinman v. CBC Companies, Inc.

Kleinman v. CBC Companies (DOL ARB 15-015): Untimely whistleblower complaint dismissed

Jason Kleinman alleged that his former employer, CBC Companies, interfered with his job opportunities in 2010, 2011, and 2012. He filed a Sarbanes-Oxley whistleblower complaint in March 2014, beyond the 180-day filing period for those alleged actions. A Labor Department judge dismissed the…

November 24, 2015 ·DOL ARB
Affirmed
COMM

Fricka v. National Railroad Passenger Corp.

Injury report complaint remanded

Michael Fricka reported an injury he suffered while traveling to an Amtrak work assignment. He alleged that Amtrak later took unfavorable actions because of his report. An administrative law judge found that Fricka had engaged in protected activity but dismissed the complaint after finding no…

November 24, 2015 ·DOL ARB
Remanded
COMM

G.B. and U.S. Postal Service, Post Office, Woodland Hills, CA

G.B. (ECAB 15-1836): Seven percent left leg schedule award upheld

G.B., a postal carrier, had accepted left knee conditions after a work fall and received a schedule award for seven percent left leg impairment. He sought a larger award and raised concerns about an earlier back claim. The Board found that a specialist properly used the applicable impairment guide…

November 24, 2015 ·ECAB
Affirmed
COMM

S.K. and Department of the Interior, Bureau of Land Management, Portland, OR

S.K. (ECAB 15-1822): Abandonment of hearing request upheld

S.K., a Bureau of Land Management computer support worker, sought a hearing after OWCP denied her emotional condition claim. OWCP mailed notice of a telephone hearing to her last known address at least 30 days before the scheduled date. She did not attend or request another hearing within 10 days…

November 24, 2015 ·ECAB
Affirmed
COMM

T.B. and Department of State, Bureau of Administration, Washington, DC

T.B. (ECAB 15-1643): Carpal tunnel and disc condition claim denied

T.B., a State Department human resources specialist, claimed that typing and cold air from a workplace vent caused or worsened carpal tunnel syndrome and spinal disc conditions. OWCP accepted that she performed the typing and had made requests about the vent. Several physicians diagnosed conditions…

November 24, 2015 ·ECAB
Affirmed
COMM

R.C. and Department of Homeland Security, U.S. Citizenship & Immigration Services, New York, NY

R.C. (ECAB 15-1599): Injury claim returned for review of timely statement

R.C. filed a traumatic injury claim after reporting an assault by a coworker. OWCP denied the claim, stating that she had not answered questions about the events leading up to it. The Board found that OWCP had received her factual statement the day before issuing that denial but had not reviewed…

November 24, 2015 ·ECAB
Remanded
COMM

K.C. and U.S. Postal Service, Post Office, Lyndhurst, NJ

K.C. (ECAB 15-1547): Injury claim denied over disputed workplace incident

K.C., a postal retail clerk, alleged that a manager struck him at work and caused him to fall. The manager gave a different account, and the only identified witness saw K.C. moving backward and falling but did not see any contact. The Board found significant inconsistencies in K.C.’s descriptions…

November 24, 2015 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Oakland Performance & Distribution Center, Oakland, CA

C.S. (ECAB 15-1488): Refusal to reopen cart injury claim upheld

C.S., a postal mail processing clerk, claimed a thumb and wrist injury while pushing a cart with a broken wheel in June 2012. OWCP denied that claim after finding the alleged incident unproved. She later requested reconsideration based on a Board decision about a separate August 2012 cart incident…

November 24, 2015 ·ECAB
Affirmed
COMM

N.A. and U.S. Postal Service, Post Office, Austin, TX

N.A. (ECAB 15-1299): Late reconsideration request denied

N.A., a postal mail processing clerk, sought wage-loss compensation for disability following accepted elbow and neck injuries. OWCP denied compensation for a later period, and her request to reconsider that decision arrived more than one year afterward. The Board found that the late request…

November 24, 2015 ·ECAB
Affirmed
COMM

J.C. and U.S. Postal Service, Sunrise Post Office, Fort Lauderdale, FL

J.C. (ECAB 15-1295): Termination of depression benefits reversed

J.C., a postal station manager, had an accepted major depression claim arising from workplace overwork. OWCP ended his benefits after an impartial psychiatrist said the work-related condition had resolved. The Board found that the psychiatrist relied on speculative alternative causes, applied the…

November 24, 2015 ·ECAB
Vacated
COMM

D.S. and Department of the Air Force, Headquarters, Tinker Air Force Base, OK

D.S. (ECAB 15-1257): Workplace mold disease claim denied

D.S., an Air Force program analyst, claimed that workplace mold and other exposures caused respiratory and other conditions. The Board found that the record did not establish mold or jet fuel fumes in her work area, although dust near vents was documented. Her physicians’ opinions relied heavily on…

November 24, 2015 ·ECAB
Affirmed
COMM

J.J. and Department of Defense, Missile Defense Agency, Fort Belvoir, VA

J.J. (ECAB 14-1649): Two compensation overpayments and recovery upheld

J.J., a Defense Department employee, received wage-loss compensation while also receiving pay after returning to work or using leave. The Board upheld overpayments of $16,606.33 for a 2012 period and $1,322.60 for a 2014 period. It agreed he was without fault for initial direct deposits but at…

November 24, 2015 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Hammerlund Construction, Inc.

Crusher stockpiles fell within MSHA jurisdiction

Hammerlund operated a portable crusher at a county-owned gravel pit and disputed whether MSHA jurisdiction extended beyond the crusher to the unprocessed dump and processed stockpile. Judge Jacqueline R. Bulluck found that Hammerlund retrieved material from the dump, controlled the crushing and…

November 23, 2015 ·Jacqueline R. Bulluck ·FMSHRC
Citations affirmed
COMM

Matter of Y-S-L-C-

Hostile questioning requires a new hearing

The Board reviewed a 15-year-old Guatemalan respondent's appeal from the denial of withholding of removal under the Convention Against Torture. The Board held that testimony about events the respondent personally experienced is not expert opinion requiring qualification under the Federal Rules of…

November 23, 2015 ·BIA
Remanded
ALJ

Secretary of Labor v. Con-Agg of Mo, LLC

Berm citation vacated for lack of proof and fair notice

Con-Agg of Mo operated Huntsville Quarry, where MSHA cited an allegedly inadequate boulder berm after a haul truck left the road and its driver died. Judge Priscilla M. Rae granted Con-Agg's motion for a directed verdict because the Secretary's two witnesses contradicted each other about whether…

November 23, 2015 ·Priscilla M. Rae ·FMSHRC
Citations vacated
COMM

K.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Fayetteville, AR

K.P. (ECAB 15-1779): Emotional condition claim and subpoena denial upheld

K.P., a Veterans Affairs social worker, claimed work-related emotional stress from overwork, discrimination, retaliation, and the process of pursuing an employment discrimination complaint. The Board found insufficient supporting evidence of overwork, discrimination, retaliation, or abusive…

November 23, 2015 ·ECAB
Affirmed
COMM

R.T. and Department of the Navy, Puget Sound Naval Base, Bangor, WA

R.T. (ECAB 15-1651): Workplace hearing loss claim denied on medical causation

R.T., a retired Navy base marine machinist, had documented hearing loss and years of exposure to loud equipment at work. The Board found his claim timely because the employer’s hearing test program put it on notice of hearing loss during his employment. But an examining ear specialist compared his…

November 23, 2015 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Louisville, KY

S.S. (ECAB 15-1472): Injury claim denied after postal vehicle collision

S.S., a postal carrier, was struck from behind while delivering mail and claimed neck and back injuries. The Board accepted that the collision happened during her work, but found the medical reports did not explain how it caused or aggravated any diagnosed condition. One physician attributed…

November 23, 2015 ·ECAB
Affirmed
COMM

S.C. and U.S. Postal Service, Post Office, Nashville, TN

S.C. (ECAB 15-1445): Request to reopen foot disability claim denied

S.C., a former postal worker, sought reconsideration of a denied claim for wage loss after she left work. OWCP had accepted bilateral plantar fasciitis and heel spurs, but a prior Board decision found she had not shown total disability from those conditions for the period claimed. The Board held…

November 23, 2015 ·ECAB
Affirmed
COMM

S.B. and Department of the Interior, Fish & Wildlife Commission, Anchorage, AK

S.B. (ECAB 15-1429): Snowmobile injury claim and continuation of pay denied

S.B., a wildlife refuge manager, fell from a snowmobile onto a log while working and later claimed a back and hip injury. He filed his traumatic injury form more than ten months after the accident. The Board held that he did not qualify for continuation of pay because he had not filed the required…

November 23, 2015 ·ECAB
Affirmed
COMM

C.A. and Department of Veterans Affairs, Veterans Health Administration, Tampa, FL

C.A. (ECAB 15-1203): Respiratory impairment award denial affirmed

C.A., a nurse, developed respiratory conditions after exposure to fumes and renovation debris at work, and OWCP accepted those conditions. She sought a schedule award for permanent impairment. Her doctor rated her pulmonary impairment at 39 percent, but the Board found that his reports did not…

November 23, 2015 ·ECAB
Affirmed
COMM

D.L. and U.S. Postal Service, Post Office, Hopewell Junction, NY

D.L. (ECAB 15-0866): Postal carrier’s elbow injury claim denied

D.L., a postal carrier, felt sharp pain in her right elbow while reaching to place mail in a mailbox. OWCP accepted that the work incident occurred but denied her claim for lateral epicondylitis. The Board found that her surgeon diagnosed the condition and attributed her symptoms to the incident…

November 23, 2015 ·ECAB
Affirmed
COMM

F.G. and Department of Homeland Security, Customs & Border Protection, Del Rio, TX

F.G. (ECAB 15-1712): Knee injury denial affirmed with diagnosis finding changed

F.G., a border patrol agent, claimed that physical training caused a left knee injury. OWCP denied the claim in part because it found no firm medical diagnosis. The Board disagreed on that point: his physician had diagnosed a left knee strain. It nevertheless upheld the denial because the physician…

November 20, 2015 ·ECAB
Modified
COMM

R.B. and U.S. Postal Service, Post Office, Baltimore, MD

R.B. (ECAB 15-1703): Emotional condition claim denied on causation

R.B., a postal carrier, sought compensation for an emotional condition she connected to difficulties completing her route and other events at work. In an earlier appeal, the Board had accepted her workload and overtime circumstances as compensable work factors and ordered more medical review. On…

November 20, 2015 ·ECAB
Affirmed
COMM

D.H. and U.S. Postal Service, Network Distribution Center, Atlanta, GA

D.H. (ECAB 15-1680): Shoulder injury claim denied after workplace fall

D.H., a postal mail handler, fell on stairs at work and later claimed a torn left rotator cuff. OWCP accepted that the fall occurred but denied the injury claim. The Board found that his surgeon’s report did not give a complete account of the fall or explain how it caused the tear or aggravated an…

November 20, 2015 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, Larchmont, NY

C.S. (ECAB 15-1546): Stair fall injury claim denied for lack of medical causation

C.S., a postal customer service supervisor, fell while descending stairs at work and claimed back, shoulder, and arm injuries. The Board accepted that the fall occurred and that physicians diagnosed several conditions. It found, however, that the physicians did not adequately explain how the fall…

November 20, 2015 ·ECAB
Affirmed
COMM

A.E. and U.S. Postal Service, Post Office, Philadelphia, PA

A.E. (ECAB 15-1387): Wrist claim not reopened for review

A.E., a postal maintenance supervisor, said he injured his wrist when he slipped on stairs at work. OWCP accepted that the incident occurred but initially denied the claim because he had not supplied medical evidence connecting it to the wrist condition. In seeking reconsideration, he explained his…

November 20, 2015 ·ECAB
Affirmed
COMM

A.M. and Department of Defense, Defense Agencies, New Cumberland, PA

A.M. (ECAB 15-0526): Claimed box lifting incident not established

A.M., a Defense Department distribution worker, claimed she hurt her lower back while moving a box at work on June 11, 2013. The Board found serious doubt that the specific incident happened as alleged. She reported it a week later, continued working, and her first physician’s report said she could…

November 20, 2015 ·ECAB
Affirmed
COMM

M.L. and U.S. Postal Service, Post Office, West New York, NJ

M.L. (ECAB 15-0493): Knee disability recurrence claim denied

M.L., a postal carrier, had an accepted left knee strain and returned to regular duty in April 2012. She later claimed that the injury caused a recurrence of total disability beginning September 12, 2013. Her physicians described additional knee and back conditions and said she could not work, but…

November 20, 2015 ·ECAB
Affirmed
COMM

S.R. and U.S. Postal Service, Philadelphia Network Distribution Center, Philadelphia, PA

S.R. (ECAB 14-1856): Two percent left ear hearing loss award affirmed

S.R., a retired postal distribution worker, sought a larger hearing loss award after years of workplace noise exposure. OWCP accepted his left ear hearing loss and awarded two percent monaural impairment, equal to 1.04 weeks of compensation. The Board found that the medical adviser correctly…

November 20, 2015 ·ECAB
Affirmed
COMM

Charles W. Mason, DDS, & Associates, PLLC

Chemical training and sharps disposal violations affirmed

Clinical assistants at an orthodontic practice handled hydroquinone film-developing solution without effective hazard training and disposed of blood- or saliva-contaminated dental wires in plastic trash bags. The Commission found the chemical hazardous and held that training begun after OSHA's…

November 20, 2015 ·OSHRC
Citations affirmed
COMM

D.F. and U.S. Postal Service, Post Office, Carol Stream, IL

D.F. (ECAB 15-1673): Request for renewed treatment of back and knee sprains denied

D.F., a postal carrier, had accepted back and left knee sprains from a 2009 fall at work. After her release from treatment, she sought renewed medical care for those conditions in 2015. OWCP asked for medical evidence showing she needed further treatment because of the accepted injury. She…

November 19, 2015 ·ECAB
Affirmed
COMM

Z.D. and Department of Homeland Security, Customs & Border Protection, Buffalo, NY

Z.D. (ECAB 15-1653): Hearing request deemed abandoned after missed call

Z.D., a border patrol officer, requested a hearing after OWCP denied his lower back injury claim. OWCP mailed notice of a telephonic hearing, but he did not appear, seek postponement, or explain his absence within ten days. His counsel later said he had asked to cancel the hearing and use a written…

November 19, 2015 ·ECAB
Affirmed
COMM

E.G. and Department of the Interior, U.S. Geological Survey, Denver, CO

E.G. (ECAB 15-1606): Lung impairment award denied despite accepted illness

E.G., a Geological Survey laborer, had accepted respiratory conditions linked to replacing ceiling tiles at work and received disability compensation. He also sought a schedule award for permanent lung impairment. OWCP asked for a medical evaluation rating the impairment under the required guide…

November 19, 2015 ·ECAB
Affirmed
COMM

I.H. and Department of the Air Force, Kelly Air Force Base, San Antonio, TX

I.H. (ECAB 15-1578): Federal retirement offset overpayment upheld

I.H., a former Air Force employee receiving FECA compensation, also received Social Security retirement benefits partly attributable to her federal service. OWCP calculated that the overlapping benefits created a $54,416.09 overpayment. The Board upheld the calculation and found her at fault…

November 19, 2015 ·ECAB
Affirmed
COMM

M.J. and U.S. Postal Service, Post Office, Indianapolis, IN

M.J. (ECAB 15-1148): Benefits termination upheld after biceps strain resolved

M.J., a postal mail handler, strained her right biceps while pushing an overloaded cart at work. OWCP accepted the strain but terminated compensation benefits after her treating neurologist reported that she had recovered without remaining effects. The doctor described improved motion and strength…

November 19, 2015 ·ECAB
Affirmed
COMM

C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Leavenworth, KS

C.S. (ECAB 15-0676): Airport fall claim lacked medical causation evidence

C.S., a Veterans Affairs employee on work travel, reported falling backward at an airport and later experiencing confusion and difficulty walking. OWCP accepted that the incident occurred but denied her injury claim. The Board found that the hospital records did not explain whether the incident…

November 19, 2015 ·ECAB
Affirmed
COMM

O.C. and U.S. Postal Service, Post Office, Federal Way, WA

O.C. (ECAB 15-0404): Benefits termination upheld after referee examination

O.C., a postal carrier, had accepted neck and lower back sprains after a vehicle collision at work. A prior Board decision found a conflict between physicians over whether she still had effects from those injuries. OWCP arranged a new impartial examination after correcting a notice problem with its…

November 19, 2015 ·ECAB
Affirmed
COMM

A.B. and Department of Veterans Affairs, Veterans Benefits Administration, Los Angeles, CA

A.B. (ECAB 14-1461): Late challenge to approved attorney fee rejected

A.B., a Veterans Affairs employee, challenged OWCP’s approval of $11,830 in fees for her former representative. She had objected to the hours and hourly rate, and showed that the representative had earlier tried to charge a prohibited contingency fee before submitting an hourly bill. The Board…

November 19, 2015 ·ECAB
Affirmed
ALJ

Pennrock Construction LLC

LLC members treated as employees for roofing citations

Pennrock Construction performed residential roofing about 15 feet above the ground without fall protection and used a ladder that did not extend three feet above the roof. The company argued that the workers were one-percent LLC members and therefore owners rather than employees covered by the OSH…

November 19, 2015 ·Dennis L. Phillips ·OSHRC
Citations affirmed
COMM

Dana Container, Inc.

Confined-space program and willful entry violations affirmed

Dana Container employees entered truck tanks when mechanical washing left residue. A supervisor entered a dirty tank without atmospheric testing, an entry permit, or a retrieval system and was found unconscious. The Commission found his deliberate rule violations foreseeable because management had…

November 19, 2015 ·OSHRC
Mixed result

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.