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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ALJ

Secretary of Labor v. John Richards Construction

Extinguisher-record and handrail citations affirmed

MSHA cited John Richards Construction at its small Montana sand and gravel pit after the operator could not produce current fire-extinguisher inspection records and an accessible elevated walkway lacked a 23-inch section of handrail. Judge Jacqueline R. Bulluck denied the operator's recusal request…

October 30, 2015 ·Jacqueline R. Bulluck ·FMSHRC
Citations affirmed
COMM

Matter of Martin CHAIREZ-Castrejon and Matter of Vera SAMA

Matter of CHAIREZ-Castrejon and SAMA (BIA ID 3852): Attorney General referral stayed Board decisions

The Attorney General referred two Board of Immigration Appeals cases for review of how to determine whether a criminal statute is divisible under Descamps v. United States. The referral order asks whether a statute is divisible for the modified categorical approach only when applicable law requires…

October 30, 2015 ·BIA
Procedural
COMM

Nevarez v. Werner Enterprises

Truck driver discharge complaint remanded

Juan Nevarez refused to drive a truck carrying hazardous material because he lacked the required certification. Werner Enterprises later treated him as having quit, and he claimed the company retaliated for his refusal. An administrative law judge found that the refusal was protected but dismissed…

October 30, 2015 ·DOL ARB
Remanded
COMM

Jordan v. IESI PA Blue Ridge Landfill Corp.

Safety coordinator complaint dismissal affirmed

Joel Jordan was a safety and traffic coordinator for a waste hauling company. He raised concerns about a driver's fitness to operate a commercial vehicle and claimed that the company fired him for protected safety activity. After an earlier remand, an administrative law judge again dismissed his…

October 30, 2015 ·DOL ARB
Affirmed
ALJ

Film Allman, LLC

Willful train-trestle hazard citation affirmed

Film Allman directed twenty to twenty-three employees to film a movie scene on an active railroad trestle. The company knew the railroad had twice denied permission, had no railroad representative controlling train traffic, and did not create a workable emergency exit plan. When a train approached…

October 30, 2015 ·Sharon D. Calhoun ·OSHRC
Citations affirmed
ALJ

Pan Oceanic Engineering Co., Inc.

Willful trench violation affirmed and other items vacated

Pan Oceanic Engineering performed underground sewer repair work in Chicago. An employee entered an approximately 8-foot-10-inch trench without cave-in protection even though hydraulic shoring was beside the trench, and the company had five prior final citations involving the same cave-in protection…

October 30, 2015 ·Patrick B. Augustine ·OSHRC
Mixed result
ALJ

Byrd Telcom, Inc.

Gin-pole rigging hazard citation affirmed

A Byrd Telcom crew was raising a 40-foot, 1,800-pound gin pole on a cellular tower when a carabiner used in the rigging failed. The falling pole and rigging fatally struck two workers. The judge found that industry practice required properly secured rigging with chokers and a shackle, and that the…

October 30, 2015 ·John B. Gatto ·OSHRC
Citations affirmed
ALJ

Secretary of Labor v. CR Meyer & Sons Company, Inc.

Agitator citation reduced to moderate negligence

CR Meyer sent a foreman and another employee to replace a displaced guard over a rotating agitator shaft at Molycorp's Mountain Pass Mine and Mill. The foreman flipped the guard into place before asking Molycorp to shut down and lock out the operating agitator. Judge Richard W. Manning held that…

October 29, 2015 ·Richard W. Manning ·FMSHRC
Modified
ALJ

Secretary of Labor v. Dominion Coal Corporation

Penalty case stayed pending discrimination liability

The Secretary sought a $12,500 penalty against Dominion Coal based on an earlier ruling that the company interfered with Scott McGlothlin's Mine Act rights when he sought Part 90 protection. In the related discrimination case, McGlothlin and Dominion proposed agreed relief and dismissal, but the…

October 29, 2015 ·Jerold Feldman ·FMSHRC
Procedural
COMM

United States Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Brooklyn, New York (Respondent) and American Federation of Government Employees, AFL-CIO, Local 3148 (Charging Party/Union)

BOP Metropolitan Detention Center Brooklyn and AFGE Local 3148 (FLRA BN-CA-12-0205): Duty to bargain over employee housing rules

The Bureau of Prisons operated Dayton Manor, employee housing shared by staff of two facilities and overseen by representatives of both facilities and their unions. When AFGE Local 3148 sought midterm bargaining over the housing supplement, the agency refused. The Authority upheld the judge's…

October 29, 2015 ·FLRA
Upheld
COMM

Childs v. Sente Mortgage

Mortgage worker complaint dismissal affirmed

Thomas Childs worked for Sente Mortgage while his mortgage broker license was being reinstated. He alleged that Sente fired him after he raised concerns about mortgage licensing, referral fees, and calls to people on a do-not-call list. An administrative law judge dismissed his whistleblower…

October 29, 2015 ·DOL ARB
Affirmed
ALJ

Moorhead Brothers, Inc.

Backup-alarm citation vacated on evenly balanced evidence

Moorhead Brothers was clearing a utility right-of-way in Ohio when a company truck backed over and killed an employee who was on foot. OSHA cited the site-clearing contractor under the construction vehicle standard that requires either an audible reverse alarm or an observer when the driver's rear…

October 29, 2015 ·William S. Coleman ·OSHRC
Citations vacated
ALJ

Secretary of Labor v. Kempton Transport, Inc.

Hauling contractor covered by the Mine Act

Kempton Transport used four trucks to haul sand and gravel from a developing pit to a nearby crusher for M.R. Tanner five days a week over three months. The company argued that it was outside Mine Act jurisdiction because it had no written contract, was performing construction work, and was present…

October 28, 2015 ·Margaret A. Miller ·FMSHRC
Modified
COMM

Secretary of Labor v. Resolution Copper Mining, LLC

Rope-guided personnel conveyance treated as a bucket

Resolution Copper hoisted miners in a personnel conveyance at speeds up to 1,200 feet per minute, while the cited rule limits personnel hoisting in buckets to 500 feet per minute. An ALJ vacated the citation after deciding that the enclosed personnel vessel was not a bucket, relying on a mining…

October 28, 2015 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Productos de Agregados de Gurabo

Unsafe-access citation lacked reliable proof

MSHA cited Productos de Agregados de Gurabo for allegedly requiring miners to climb a conveyor belt to grease its head pulley. The inspector did not observe anyone climbing the conveyor and relied primarily on his account that an equipment operator admitted using that route. The operator denied…

October 28, 2015 ·John Kent Lewis ·FMSHRC
Citations vacated
COMM

Matter of Juan Manuel GARCIA-RAMIREZ

Informal return does not end presence without a waived hearing right

The Board reviewed a Mexican respondent's application for cancellation of removal after he had been returned to Mexico during a 2002 border encounter. The Board held that when an alien had a right to a hearing before an Immigration Judge, a voluntary departure or return does not break continuous…

October 28, 2015 ·BIA
Remanded
COMM

Matter of Enrique CASTREJON-COLINO

Voluntary return requires proof of hearing-right waiver

The Board reviewed a Mexican respondent's application for cancellation of removal after he was fingerprinted, photographed, and voluntarily returned to Mexico following a brief border encounter. The Board held that when a person had a right to a hearing before an Immigration Judge, photographs and…

October 28, 2015 ·BIA
Remanded
COMM

D'Angelo v. JetBlue Airways Corp.

JetBlue's appeal withdrawn

An administrative law judge awarded Gary D'Angelo benefits in part in a case against JetBlue Airways Corporation. JetBlue petitioned the Administrative Review Board to review that ruling. JetBlue then notified the Board that it wanted to withdraw its petition. The Board dismissed JetBlue's appeal…

October 28, 2015 ·DOL ARB
Procedural
COMM

J.C. and U.S. Postal Service, Post Office, Merrifield, VA

J.C. (ECAB 15-1666): Late reconsideration request returned for full review

J.C., a postal carrier technician, sought reconsideration of a denied carpal tunnel syndrome claim. His July 2015 request came more than a year after OWCP’s last merits decision, so it had to meet the clear evidence of error standard. OWCP denied the request, but the Board found that its decision…

October 28, 2015 ·ECAB
Remanded
COMM

M.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Syracuse, NY

M.D. (ECAB 15-1602): Right arm award and start date upheld

M.D., a Veterans Affairs secretary, injured her right shoulder and arm after tripping at work. OWCP accepted several sprains and authorized shoulder surgeries. Her treating surgeon rated her permanent right arm impairment at six percent, and OWCP’s medical adviser agreed. The Board found that their…

October 28, 2015 ·ECAB
Affirmed
COMM

E.M. and U.S. Postal Service, Post Office, San Juan, PR

E.M. (ECAB 15-1545): Late schedule award reconsideration denied

E.M., a postal distribution clerk, had previously received schedule awards for left leg and right arm impairment. He asked OWCP to reconsider its 2011 denial of an additional award, relying on a medical report already in the record. Because the request arrived more than one year after the merits…

October 28, 2015 ·ECAB
Affirmed
COMM

W.Z. and U.S. Postal Service, South Shore Annex, Staten Island, NY

W.Z. (ECAB 15-1526): Fault finding on compensation overpayment upheld

W.Z., a postal employee, received compensation during a period in which she earned $500 for a singing engagement but did not report that payment on an OWCP form. An earlier Board decision had upheld the existence and amount of a $33,161.07 overpayment and sent the fault question back for proper…

October 28, 2015 ·ECAB
Affirmed
COMM

R.P. and U.S. Postal Service, Processing & Distribution Center, Orlando, FL

R.P. (ECAB 15-1509): Injury claim denied for lack of medical causation

R.P., a postal transit mail expediter, said her work activities on April 30, 2014 worsened pain in her back and right leg and caused other claimed conditions. OWCP accepted that the activities occurred but denied the injury claim. Her physician listed several spinal and joint diagnoses and asserted…

October 28, 2015 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Hialeah Carrier Annex, Hialeah, FL

S.S. (ECAB 15-1422): Wage loss after knee injury not established

S.S., a postal carrier technician, had an accepted August 2012 work injury involving his right knee and elbow. He later sought wage loss compensation beginning January 25, 2014. His doctor attributed his inability to work to degenerative knee disease and right shoulder impingement, but did not…

October 28, 2015 ·ECAB
Affirmed
COMM

S.B. and U.S. Postal Service, Post Office, Fresno, CA

S.B. (ECAB 15-1391): Recurrence of disability not established

S.B., a postal letter carrier, had accepted injuries from a June 2007 work accident and returned to a modified job in June 2013. He sought compensation for another period away from work, August 24 through November 15, 2013. His doctor advised time off but did not identify objective findings showing…

October 28, 2015 ·ECAB
Affirmed
COMM

United States Department of the Interior, National Park Service, United States Park Police (Agency) and U.S. Park Police Sergeants Association (Union/Petitioner)

U.S. Park Police and Park Police Sergeants Association (FLRA WA-RP-14-0053): Sergeants with appraisal authority excluded as supervisors

The Park Police Sergeants Association sought an election among roughly 100 sergeants. A regional director excluded most of them as supervisors but ordered an election among specified nonsupervisory positions. The Authority upheld the exclusions because the affected sergeants independently evaluated…

October 27, 2015 ·FLRA
Upheld
ALJ

Lawrence Pendley v. Highland Mining Co. and James Creighton

Discrimination penalties set at $19,750

An earlier decision found that Highland Mining and James Creighton discriminated against miners' representative Lawrence Pendley by interfering with his protected rights. The Secretary proposed a $19,500 penalty against Highland and $500 against Creighton. Judge Kenneth R. Andrews assessed the full…

October 27, 2015 ·Kenneth R. Andrews ·FMSHRC
Modified
COMM

Seay v. Norfolk Southern Railway Co.

Railroad discipline complaint remanded

Reggie Seay inspected tracks for Norfolk Southern Railway. After a supervisor drove their vehicle beyond its authorized track area, Seay said the supervisor was responsible and disputed the discipline imposed on him. He alleged that the railroad retaliated for protected statements and coerced him…

October 27, 2015 ·DOL ARB
Remanded
COMM

E.M. and U.S. Postal Service, Post Office, Byram, MS

E.M. (ECAB 15-1633): Shoulder impairment award remanded for a complete rating

E.M., a postal driver, had accepted rotator cuff injuries and a prior award for 16 percent impairment of his right arm. After shoulder replacement surgery, OWCP awarded another eight percent based on a 24 percent rating from his surgeon and its medical adviser. The Board found that both physicians…

October 27, 2015 ·ECAB
Remanded
COMM

C.B. and Department of the Army, Aberdeen Proving Grounds, Aberdeen, MD

C.B. (ECAB 15-1575): Late reconsideration of finger injury award denial rejected

C.B., an Army equipment operator, had an accepted injury to his left index finger. OWCP denied a schedule award in July 2013 because the medical evidence did not establish permanent impairment. His reconsideration request reached OWCP more than a year later, without new evidence or an argument…

October 27, 2015 ·ECAB
Affirmed
COMM

N.M. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA

N.M. (ECAB 15-1460): Overpayment and denial of waiver upheld

N.M., a transportation security officer, returned to full-time work after an accepted shoulder injury but received total disability payments for another ten days. The Board upheld OWCP’s finding that this created an $816.81 overpayment. OWCP found him without fault, yet the Board agreed that waiver…

October 27, 2015 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, Clintwood, VA

J.H. (ECAB 15-1385): Life insurance premium overpayment upheld

J.H., a former postal carrier receiving compensation for an accepted back injury, continued life insurance coverage after leaving federal employment. OWCP did not deduct the postretirement basic insurance premiums from his compensation and found a $5,187.62 overpayment. Although OWCP found him…

October 27, 2015 ·ECAB
Affirmed
COMM

W.C. and U.S. Postal Service, Post Office, Bellmawr, NJ

W.C. (ECAB 15-1212): Four percent impairment ratings for each leg upheld

W.C., a postal carrier, had accepted work related aggravation of a condition affecting both feet. After an earlier Board remand, OWCP obtained a new impartial physician’s rating of four percent permanent impairment in each leg and awarded the additional impairment beyond its earlier award. The…

October 27, 2015 ·ECAB
Affirmed
COMM

T.B. and Department of the Army, Red River Army Depot, Texarkana, TX

T.B. (ECAB 15-0889): Right arm schedule award denial upheld

T.B., an Army depot welder, injured his right wrist when he fell from a military vehicle. OWCP accepted radius fractures and right carpal tunnel syndrome, and he later sought a permanent impairment award. His physician noted reduced wrist motion and hand sensation but did not say that T.B. had…

October 27, 2015 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, Post Office, Galvin, WA

T.B. (ECAB 15-0061): Denial of motorized scooter rental upheld

T.B., a former postmaster with accepted back and other conditions from a 1997 work injury, requested a motorized scooter because of limited mobility and falls. Her treating neurosurgeon prescribed one but did not explain medically why it was needed for the accepted injury. A physician assistant…

October 27, 2015 ·ECAB
Affirmed
COMM

J.F. and U.S. Postal Service, Post Office, Bellmawr, NJ

J.F. (ECAB 15-0037): Left arm impairment rating returned for impartial review

J.F., a postal carrier with accepted carpal tunnel syndrome and hand arthritis, received a schedule award for five percent impairment of his left arm. His treating surgeon later rated that arm at 11 percent, while OWCP’s second opinion physician supported five percent. The Board found a meaningful…

October 27, 2015 ·ECAB
Remanded
COMM

D.B. and Department of the Air Force, Ogden Utah OAMA, Randolph Air Force Base, TX

D.B. (ECAB 15-1507): Back and right leg claim denial upheld

D.B., an Air Force sheet metal mechanic, attributed back pain and right leg numbness to years of lifting heavy stabilizers and bending at work. The Board accepted that he performed repetitive lifting, bending, twisting, and turning. It found that his physician’s reports lacked a well supported…

October 26, 2015 ·ECAB
Affirmed
COMM

D.B. and Department of the Air Force, Ogden Utah OAMA, Randolph Air Force Base, TX

D.B. (ECAB 15-1506): Head and neck occupational claim denial upheld

D.B., an Air Force sheet metal mechanic, attributed head and neck pain to years of bench work, bending, and working with his arms raised. The Board accepted his repetitive work activities but found that his physician had not supported a firm diagnosis with examination findings or diagnostic…

October 26, 2015 ·ECAB
Affirmed
COMM

L.M. and Department of Veterans Affairs, Providence VA Medical Center, Providence, RI

L.M. (ECAB 15-1266): Claim for injury after fall at work denied

L.M., a VA nurse, fell at work and sought compensation for a head injury. The Board found that a preexisting vertigo condition caused the fall and that the contemporaneous records showed no work hazard or special condition contributed to it. Although an earlier work injury had been accepted as a…

October 26, 2015 ·ECAB
Affirmed
COMM

B.R. and U.S. Postal Service, Post Office, New York, NY

B.R. (ECAB 15-1247): Repayment of compromised dual-benefit overpayment upheld

B.R., a former postal mail processing clerk, received workers’ compensation and Social Security benefits that partly reflected her federal employment. OWCP calculated $36,474.46 in prohibited overlapping benefits for April 2008 through September 2013, then compromised the overpayment to $15,600…

October 26, 2015 ·ECAB
Affirmed
COMM

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

S.B. (ECAB 15-1194): Left arm impairment rating returned for review

S.B., a former postal mail handler, received schedule awards for six percent permanent impairment of each arm. The Board agreed that the medical evidence supported the six percent rating for her right arm and a six percent carpal tunnel rating for her left arm. OWCP’s medical adviser had been told…

October 26, 2015 ·ECAB
Remanded
COMM

D.A. and U.S. Postal Service, Post Office, Lexington, KY

D.A. (ECAB 15-1094): Postal worker’s shoulder and neck claim denied

D.A., a postal distributions clerk, claimed that lifting trays and repetitive work caused shoulder, arm, and neck conditions. OWCP accepted that she performed the described work and that medical records identified some conditions. The Board found that her physicians did not adequately explain how…

October 26, 2015 ·ECAB
Affirmed
COMM

D.H. and Department of Transportation, Maritime Administration, Benicia, CA

D.H. (ECAB 15-0922): Smoke exposure claim denied for lack of medical causation

D.H., a Maritime Administration security guard, reported breathing problems after brief smoke exposure while checking a tugboat. OWCP accepted that the workplace exposure occurred. The Board found that the medical reports did not explain how it caused or aggravated a diagnosed condition, especially…

October 26, 2015 ·ECAB
Affirmed
COMM

R.B. and Department of Justice, Drug Enforcement Administration, San Diego, CA

R.B. (ECAB 15-0808): Final overpayment deduction reduced by 76 cents

R.B., a former DEA special agent, received compensation at a rate for employees with dependents after his youngest son graduated from high school. The Board upheld OWCP’s finding that this caused a $917.43 overpayment, even though R.B. had warned OWCP that the higher rate should end. It also upheld…

October 26, 2015 ·ECAB
Modified
ALJ

Alro Steel Corporation

Band-saw lockout citation vacated

OSHA cited Alro Steel after inspecting two band saws at its Toledo, Ohio facility. Employees changing blades turned off the saw, locked a cover over the start button, and kept the key, but did not isolate the machines at the main electrical disconnect. The Secretary argued that relying on control…

October 26, 2015 ·Carol A. Baumerich ·OSHRC
Citations vacated
COMM

Sandra G. McDonald v. TMK Enterprise Security

Noncorporate security business remained a respondent

Sandra McDonald filed a discrimination complaint against the mine-site security business she identified as TMK Enterprise Security. An ALJ dismissed after finding that a similarly named corporation had lost its corporate status before McDonald's 2011 to 2013 employment. The Commission held that the…

October 23, 2015 ·FMSHRC
Remanded
COMM

Tomlinson v. Frontline Residential Treatment Center, LLC

Tomlinson v. Frontline Residential Treatment Center (DOL ARB 15-051): drinking water whistleblower settlement approved

Tim Tomlinson alleged that North Star Behavioral Health retaliated against him for activity protected by the Safe Drinking Water Act. An administrative law judge found a violation, and North Star petitioned the Board for review. Before the Board considered the merits of that appeal, the parties…

October 23, 2015 ·DOL ARB
Settled
COMM

K.K. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

K.K. (ECAB 15-1684): Hearing loss claim not reopened for merit review

K.K., a shipyard sheet metal mechanic, had received a schedule award for right ear hearing loss and sought review of his left ear claim. He said that a medical report about an MRI scan supported his request, but OWCP did not receive the report with his reconsideration application. The Board found…

October 23, 2015 ·ECAB
Affirmed
COMM

S.C. and Department of Homeland Security, Customs and Border Protection, Chula Vista, CA

S.C. (ECAB 15-1630): Right leg impairment dispute sent to impartial specialist

S.C., a Border Patrol agent, injured his right leg and ankle in a fall at work. OWCP awarded compensation for five percent permanent impairment of the right leg. His treating surgeon rated the impairment at 12 percent, while OWCP’s medical adviser rated it at five percent using a different…

October 23, 2015 ·ECAB
Remanded
COMM

R.A. and U.S. Postal Service, Post Office, Orlando, FL

R.A. (ECAB 15-1357): Back injury claim denied for lack of medical explanation

R.A., a postal rural carrier, reported back pain after bending to pick up a letter at work. OWCP accepted that the incident occurred. His physicians diagnosed back problems, but the Board found that their reports did not adequately explain how this movement caused or aggravated a diagnosed…

October 23, 2015 ·ECAB
Affirmed
COMM

W.F. and U.S. Postal Service, Post Office, Providence, RI

W.F. (ECAB 15-1208): Knee and back injury claim remained denied

W.F., a postal mail handler, claimed back and right knee injuries after pushing a mail hamper onto a scale. The Board had previously found that the incident occurred but that the medical evidence did not establish a link to his diagnosed conditions. On renewed review, the Board found that his…

October 23, 2015 ·ECAB
Affirmed
COMM

R.S. and U.S. Postal Service, Inspection Service, Oakland, CA

R.S. (ECAB 15-1091): Bilateral hip impairment sent to impartial examiner

R.S., a former postal inspector, previously received awards for 37 percent impairment of each leg following hip replacements. He sought increased awards after both hips required revision surgery. His physician rated impairment at 43 percent in the left leg and 37 percent in the right, while OWCP’s…

October 23, 2015 ·ECAB
Remanded
COMM

J.M. and U.S. Postal Service, Post Office, Windsor, NY

J.M. (ECAB 15-1009): Shoulder claim returned for further medical review

J.M., a rural letter carrier, claimed that repetitive casing and delivery of mail injured his right shoulder and arm. His surgeon linked a rotator cuff tear to the work after considering J.M.’s outside activities, including firefighting and snowplowing. The Board found that the opinion did not yet…

October 23, 2015 ·ECAB
Remanded
ALJ

Secretary of Labor v. Consol Buchanan Mining Company, LLC

Stockpile jurisdiction and methane-recirculation citations affirmed

Consol Buchanan used a site listed as abandoned to store excess clean coal and challenged MSHA's authority over an upper-gate guard house and a bulldozer kept there. Judge Thomas P. McCarthy held that the stockpile remained a mine because storing and loading coal are part of coal preparation, the…

October 22, 2015 ·Thomas P. McCarthy ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. Consolidation Coal Company

Three violations affirmed with two S&S designations removed

At Buchanan Mine No. 1, eight clogged water sprays on a continuous miner violated the ventilation plan and contributed to an actual methane ignition while the machine cut sandstone. Judge Priscilla M. Rae affirmed that citation as S&S and moderately negligent, with a $1,203 penalty. She also…

October 22, 2015 ·Priscilla M. Rae ·FMSHRC
Modified
ALJ

Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest v. Secretary of Labor and Secretary of Labor v. Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest

Alpha Highwall Mining, LLC and Revelation Energy, LLC v. Secretary of Labor (FMSHRC KENT 2012-1207-R, et al.): $5,000 settlement followed safety upgrades

Alpha Highwall Mining and its successor, Revelation Energy, proposed settling two citations by reducing a $90,000 penalty to $5,000 and changing both from section 104(d)(1) enforcement actions to section 104(a) citations without unwarrantable failure. Revelation also agreed to spend at least…

October 22, 2015 ·Jerold Feldman ·FMSHRC
Settled
COMM

M.C. and U.S. Postal Service, Vehicle Maintenance Facility, Baltimore, MD

M.C. (ECAB 15-1706): Reconsideration ruling returned for complete claim record

M.C., a postal general clerk, sought compensation for right arm conditions associated with filing and data entry. Her reconsideration request referred to a related claim for other upper extremity conditions. OWCP relied on that claim in its decisions but placed only selected records from it in the…

October 22, 2015 ·ECAB
Remanded
COMM

R.H. and U.S. Postal Service, Post Office, Palatine, IL

R.H. (ECAB 15-1512): Shoulder impairment claim returned to resolve medical conflict

R.H., a postal distribution clerk, sought a schedule award after an accepted 1991 right shoulder dislocation and surgery. One treating physician rated his arm impairment at 12 percent, while OWCP’s medical advisers found no ratable impairment. The Board found that the doctors gave conflicting…

October 22, 2015 ·ECAB
Remanded
COMM

T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA

T.M. (ECAB 15-1477): Additional arm impairment award and record review denied

T.M., a former Marine Corps equipment mechanic, had received schedule awards for 22 percent impairment of each arm. He sought a larger award, but the Board found that his physician’s additional ratings were for whole person impairment, an unaccepted condition, or lacked the details required by the…

October 22, 2015 ·ECAB
Affirmed
COMM

C.C. and U.S. Postal Service, Post Office, Chicago, IL

C.C. (ECAB 15-1459): Arm impairment rating returned for nerve review

C.C., a postal letter carrier, received a schedule award for five percent permanent right arm impairment after a work injury and shoulder surgery. His physician also rated sensory and motor deficits in the arm from an accepted nerve condition. OWCP’s medical adviser rejected that additional rating…

October 22, 2015 ·ECAB
Remanded

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.