Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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COMM

T.F. and U.S. Postal Service, Post Office, Perry, GA

T.F. (ECAB 15-1204): Termination of neck and back injury benefits affirmed

T.F., a postal rural carrier associate, injured her neck and back when another vehicle hit her postal vehicle. OWCP accepted neck and lumbar sprains and later terminated wage-loss and medical benefits. The Board gave special weight to an impartial physician's opinion that the accepted sprains had…

September 23, 2015 ·ECAB
Affirmed
COMM

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

R.R. (ECAB 14-1534): Temporary appointment's expiration did not establish work disability

R.R. injured his back while working as a temporary mechanic at an Army depot. OWCP accepted a lumbar sprain and a disc condition. After his temporary appointment expired, he sought wage-loss compensation for January 29, 2010 through July 16, 2011. The Board found that the appointment ended by its…

September 23, 2015 ·ECAB
Affirmed
COMM

P.F. and U.S. Postal Service, Post Office, Lyndhurst, OH

P.F. (ECAB 15-1404): Reconsideration request did not warrant merits review

P.F., a postal carrier, reported arm symptoms after carrying mail and sought reconsideration after OWCP denied his injury claim. He submitted a later treatment note about neck disc disease, an MRI report, and copies of earlier records. The Board found that the treatment note repeated earlier…

September 22, 2015 ·ECAB
Affirmed
COMM

C.R. and Federal Judiciary Service, Federal Public Defender Service, Washington, DC

C.R. (ECAB 15-1275): Bare reconsideration request did not reopen benefits case

C.R., a former criminal investigator, had received compensation for injuries from a 1984 vehicle accident. OWCP terminated those benefits in July 2014. He requested reconsideration by checking a box on an appeal form but supplied no argument or evidence. The Board held that this bare request met…

September 22, 2015 ·ECAB
Affirmed
COMM

C.J. and Department of the Interior, National Park Service, Buffalo National River, Harrison, AR

C.J. (ECAB 15-1115): Fire camp infection claim lacked medical causation

C.J., a wildland fire radio operator, attributed a urinary tract infection to long shifts and limited hygiene facilities at a fire camp. Her employer acknowledged the camp conditions, and a physician diagnosed the infection. The Board found that the physician's statement that those conditions…

September 22, 2015 ·ECAB
Affirmed
COMM

W.D. and U.S. Postal Service, Post Office, Norfolk, VA

W.D. (ECAB 15-0860): Decades late reconsideration request lacked clear error

W.D., a postal distribution clerk, sought reconsideration of a wage-loss denial that the Board had affirmed in 1991. OWCP received his request more than 23 years after that merits decision. He submitted a Veterans Affairs report describing later left knee problems, but it did not connect his…

September 22, 2015 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Tomball, TX

S.S. (ECAB 15-0622): Carrier's back condition lacked a reasoned work link

S.S., a postal letter carrier, attributed lumbar disc conditions to repeated bending, twisting, walking, and lifting at work. The Board accepted that she performed those duties. Her doctors said the duties caused or aggravated her back conditions, but the Board found that they did not adequately…

September 22, 2015 ·ECAB
Affirmed
COMM

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

V.C. (ECAB 14-1912): Accepted neck condition could not be rejected by second opinion

V.C., a postal mail processing clerk, received benefits for an accepted cervical subluxation related to his work. OWCP terminated those benefits based on a second opinion physician's report. The physician rejected the premise that the accepted subluxation was work related and instead assessed…

September 22, 2015 ·ECAB
Vacated
COMM

A.B. and Department of Transportation, Federal Aviation Administration, Hampton, GA

A.B. (ECAB 14-1651): Emotional condition claim arose from a family emergency

A.B., an air traffic control specialist, witnessed medical personnel responding to his brother's heart attack at their workplace. He sought benefits for an emotional condition after the incident. The Board found that he left his training duties to attend to a family emergency and that the record…

September 22, 2015 ·ECAB
Affirmed
COMM

United States Department of the Air Force, Whiteman Air Force Base, Missouri (Agency) and American Federation of Government Employees, Local 2361 (Union)

Whiteman Air Force Base and AFGE Local 2361 (FLRA 0-AR-4911): Cold-weather clothing dispute remanded

Whiteman Air Force Base stopped buying cold-weather protective clothing for employees who worked outside, despite a provision in its agreement with AFGE Local 2361. An arbitrator ordered the base to resume the purchases with appropriated funds. The Authority found the record insufficient to decide…

September 22, 2015 ·FLRA
Remanded
ALJ

Lawrence Pendley v. Highland Mining Co. and James Creighton

Remedies and $84,125 in attorney awards granted

After finding that Highland Mining and James Creighton discriminated against miners' representative Lawrence Pendley, Judge Kenneth R. Andrews addressed remedies and attorney fees. Because the Highland 9 Mine had closed, the Judge ordered that any reopening must include 60 days of posting the…

September 21, 2015 ·Kenneth R. Andrews ·FMSHRC
Procedural
COMM

K.J. and Department of Agriculture, Forest Service, Albuquerque, NM

K.J. (ECAB 15-1000): Ankle injury claim lacked a medical report

K.J., a Forest Service aide, reported slipping while hiking to a fire training exercise and injuring his right ankle. The Board accepted that the slip occurred. The record before OWCP contained only medical billing forms, with no signed physician's report diagnosing an injury and explaining its…

September 21, 2015 ·ECAB
Affirmed
COMM

S.H. and Department of Homeland Security, Washington, DC

S.H. (ECAB 15-0539): Respiratory claim remained closed after reconsideration

S.H., a Department of Homeland Security administrative assistant, attributed respiratory symptoms to dusty workplaces. He asked OWCP to reconsider its earlier decision and submitted another physician's report and workplace correspondence. The Board found that the medical report repeated earlier…

September 21, 2015 ·ECAB
Affirmed
COMM

J.I. and Department of the Navy, Naval Research Laboratory, Washington, DC

J.I. (ECAB 15-0516): Taxi dispatcher wage capacity finding remained in place

J.I. received compensation for a back injury, reduced after OWCP found he could earn wages as a taxi starter or dispatcher. He sought to change that determination, citing worsening conditions and medical reports of disability. The Board found that an impartial physician and a later second opinion…

September 21, 2015 ·ECAB
Affirmed
COMM

United States Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Guaynabo, Puerto Rico (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 4052 (Union)

Guaynabo detention center and AFGE Local 4052 (FLRA 0-AR-4534): Monetary remedies set aside

An arbitrator found that the Guaynabo detention center had failed to follow earlier awards addressing sexual harassment and had not enforced its own policy. He ordered monetary payments to a union representative, other employees, and the union, awarded attorney fees, and required two apology…

September 21, 2015 ·FLRA
Mixed result
COMM

Secretary of Labor v. West Alabama Sand & Gravel, Inc.

Unwarrantable-failure summary ruling vacated

A truck driver climbed onto his truck without fall protection at West Alabama Sand & Gravel's mine. The ALJ affirmed the violation and S&S designation but treated the operator's opposition as a cross-motion for summary decision, removed unwarrantable failure, reduced negligence from high to…

September 18, 2015 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Bardo Mining, LLC

Roof, dust-control, and guarding citations affirmed

MSHA cited Bardo Mining for loose and deteriorating roof, failure to set automatic temporary roof supports firmly against the roof, inadequate dust-control examinations and water sprays, and exposed moving machine parts. Judge Richard L. Sippel affirmed all nine litigated citations and their S&S…

September 18, 2015 ·Richard L. Sippel ·FMSHRC
Mixed result
COMM

K.V. and U.S. Postal Service, Post Office, Little Rock, AR

K.V. (ECAB 15-1466): Icy stair fall lacked an established medical diagnosis

K.V., a postal letter carrier, reported slipping on icy steps while delivering mail and injuring his left lower leg. OWCP accepted that the fall occurred. The Board found that the hospital aftercare form was too illegible to identify a diagnosis or author, while x-rays showed no acute bony…

September 18, 2015 ·ECAB
Affirmed
COMM

E.K. and Department of Veterans Affairs, Veterans Administration Medical Center, San Francisco, CA

E.K. (ECAB 15-1381): Food service back claim lacked a reasoned work link

E.K., a food service worker at a Veterans Affairs medical center, attributed back pain to pushing carts and lifting food trays. OWCP accepted that he performed those tasks. His physician diagnosed lumbar conditions and said the work likely aggravated earlier back pain. The Board found the opinion…

September 18, 2015 ·ECAB
Affirmed
COMM

G.M. and Defense Agencies, Education Activities Overseas Human Resources Director, Benefits Branch, Alexandria, VA

G.M. (ECAB 15-1288): Student altercation claim lacked medical causation

G.M., a teacher, reported injuries after intervening in a student fight at work. OWCP accepted that the incident occurred. An early physician diagnosed muscle sprains but marked that they were not caused by the incident. Another physician later linked G.M.'s vision loss to the altercation through a…

September 18, 2015 ·ECAB
Affirmed
COMM

R.T. and U.S. Postal Service, Main Post Office, Indianapolis, IN

R.T. (ECAB 15-1242): Four percent right arm impairment award upheld

R.T., a postal mail handler, received schedule awards totaling four percent impairment of his right arm after an accepted shoulder condition and surgery. He sought a 12 percent rating by treating his acromioplasty as equivalent to a distal clavicle resection. The Board found that the operative note…

September 18, 2015 ·ECAB
Affirmed
COMM

T.P. and U.S. Postal Service, Trenton Processing & Distribution Center, Trenton, NJ

T.P. (ECAB 15-1165): Back injury recurrence claim lacked disability explanation

T.P., a postal building equipment mechanic, received light duty after an accepted lumbar strain. He later stopped working and claimed a recurrence of total disability beginning December 15, 2012. His physician said he should stop work for treatment, but did not explain why the accepted injury…

September 18, 2015 ·ECAB
Affirmed
COMM

B.W. and Department of the Treasury, Internal Revenue Service, Long Beach, CA

B.W. (ECAB 15-0991): Later disability not linked to accepted 2008 conditions

B.W., an IRS revenue officer, had an accepted temporary aggravation of emotional conditions and migraine tied to work factors in 2008. She sought wage-loss compensation for disability during July through September 2012. The Board found that her account involved later workplace events and that the…

September 18, 2015 ·ECAB
Affirmed
COMM

M.S. and U.S. Postal Service, Processing & Distribution Center, Southeastern, PA

M.S. (ECAB 15-0490): Termination of carpal tunnel benefits upheld

M.S., a postal mail processor, had an accepted bilateral carpal tunnel condition and received compensation. OWCP terminated wage-loss and medical benefits after conflicting medical opinions about continuing work restrictions and treatment. The Board gave special weight to an impartial physician who…

September 18, 2015 ·ECAB
Affirmed
COMM

B.W. and Department of Labor, Mine Safety & Health Administration, Birmingham, AL

B.W. (ECAB 14-1834): Knee impairment award returned for measurement review

B.W., a Mine Safety and Health Administration inspector, received a schedule award for 10 percent impairment of his right leg after an accepted knee injury. He sought a higher rating. The Board found that the alternative range of motion method could be used because the available evidence did not…

September 18, 2015 ·ECAB
Remanded
COMM

C.H. and Department of the Army, Tank Automotive & Armaments Command, Anniston, AL

C.H. (ECAB 15-1402): Federal retirement offset overpayment upheld

C.H., a former Army mechanic receiving injury compensation, also received Social Security benefits partly attributable to federal service. The Board found that the overlapping benefits created a $7,688.57 overpayment. It upheld OWCP's refusal to waive recovery because her financial submissions did…

September 17, 2015 ·ECAB
Affirmed
COMM

J.B. and Department of Veterans Affairs, Veterans Health Administration, Travis Air Force Base, CA

J.B. (ECAB 15-1352): Wrist and neck claim lacked a medical diagnosis

J.B., a Veterans Health Administration physician, reported wrist and neck pain and hand numbness that she attributed to work. OWCP accepted her account of the work factors but received no medical report diagnosing a related condition. The Board held that her own factual claim statement, even though…

September 17, 2015 ·ECAB
Affirmed
COMM

J.A. and U.S. Postal Service, Post Office, Norfolk, VA

J.A. (ECAB 15-1308): Later disability not linked to 1978 postal injury

J.A., a postal letter carrier, sustained accepted neck and back strains in a 1978 vehicle collision. He returned to full-time limited duty in August 1979, resigned the next month, and sought disability compensation beginning then. After an earlier remand for review of new evidence, the Board…

September 17, 2015 ·ECAB
Affirmed
COMM

L.E. and U.S. Postal Service, Post Office, Edison, NJ

L.E. (ECAB 15-1042): Disability claim denied; treatment-related wage loss returned to OWCP

L.E., a postal mail handler, sought compensation for a new period of disability after treatment for accepted back injuries. She claimed she could not work beginning January 22, 2014, when she underwent an authorized nerve procedure. The Board found that her medical reports did not explain how her…

September 17, 2015 ·ECAB
Mixed result
COMM

G.M. and U.S. Postal Service, Mount Greenwood Post Office, Chicago, IL

G.M. (ECAB 15-0275): Back injury claim returned for further medical review

G.M., a postal carrier, claimed that carrying mail and walking routes after returning to work aggravated her existing back conditions. OWCP denied the claim, finding insufficient medical evidence of a link to her duties. The Board found that her treating surgeon described the work activities and…

September 17, 2015 ·ECAB
Remanded
COMM

C.C. and Department of Veterans Affairs, Veterans Health Administration, Milwaukee, WI

C.C. (ECAB 15-0007): Missed telephone hearing request treated as abandoned

C.C., a Veterans Health Administration safety technician, requested a telephone hearing after OWCP denied her right wrist injury claim. OWCP mailed notice of the hearing more than 30 days in advance. She did not join the call or ask for another hearing within 10 days. The Board upheld OWCP’s…

September 17, 2015 ·ECAB
Affirmed
COMM

Secretary of Labor v. Wade Sand & Gravel Company

Independent $1,026 guarding penalty affirmed

Wade Sand & Gravel admitted a machine-guarding violation but disputed how MSHA calculated its history-of-violations points under 30 C.F.R. § 100.3(c). The Commission majority declined to decide the regulatory interpretation because the ALJ had independently considered all six Mine Act penalty…

September 16, 2015 ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Randall H. Fleming, employed by Conshor Mining, LLC

Secretary of Labor v. Randall H. Fleming (FMSHRC KENT 2009-189): Personal-liability case dismissed after underlying order was vacated

MSHA sought a $5,000 personal penalty against Randall H. Fleming under section 110(c), alleging that he knowingly authorized, ordered, or carried out unsafe roof-support conditions while employed by Conshor Mining. The underlying order against Conshor had already been vacated after the company was…

September 16, 2015 ·Jerold Feldman ·FMSHRC
Procedural
COMM

D.R. and U.S. Postal Service, Post Office, Washington, DC

D.R. (ECAB 15-1281): Back injury claim lacked a clear account of the work incident

D.R., a postal letter carrier, reported back pain after carrying a mail satchel when her truck broke down. Her brief statement referred to two days, leaving unclear whether she claimed one workday’s incident or repeated activity. OWCP asked her for a fuller description, but she did not provide one…

September 16, 2015 ·ECAB
Affirmed
COMM

G.B. and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL

G.B. (ECAB 15-0756): Knee injury claim returned for review of both case files

G.B., a Veterans Affairs pipefitter, claimed a right knee injury when his chair gave way at work. OWCP denied the claim while referring to an earlier accepted right knee injury in a different case file. The Board found that the record before it lacked some evidence from the earlier claim, although…

September 16, 2015 ·ECAB
Remanded
COMM

L.K. and Department of Agriculture, Meat & Poultry Inspection Service, Philadelphia, PA

L.K. (ECAB 14-1952): Additional hand and nerve conditions not established

L.K., a federal poultry inspector, had accepted work-related hand and finger conditions and sought to add several other hand and nerve diagnoses. Her treating surgeon supported the expansion, while an OWCP referral physician disagreed. OWCP appointed an impartial specialist to resolve that medical…

September 16, 2015 ·ECAB
Affirmed
COMM

M.F. and U.S. Postal Service, Post Office, Coppell, TX

M.F. (ECAB 14-1913): $1,069.27 overpayment upheld after return to full-time work

M.F., a postal clerk receiving compensation for a knee injury, returned to full-time work on June 12, 2014 but also received disability payments through June 28. The Board upheld the $1,069.27 overpayment amount in OWCP’s notice. It observed that OWCP’s figures could produce a higher amount, but…

September 16, 2015 ·ECAB
Affirmed
COMM

P.G. and U.S. Postal Service, Post Office, Little Rock, AK

P.G. (ECAB 14-1797): Wage-earning capacity ruling reversed because job was makeshift

P.G., a postal clerk with accepted neck and hand conditions, worked in modified positions after her injury. OWCP used her 1994 modified job and unchanged pay to set her wage-earning capacity and reduce compensation to zero. When the Postal Service later withdrew available tasks under its National…

September 16, 2015 ·ECAB
Vacated
COMM

L.J. and U.S. Postal Service, Processing & Distribution Center, Miami, FL

L.J. (ECAB 14-1595): Later back disability not shown to recur from accepted injury

L.J., a postal mail handler, had accepted back conditions from a 2011 work injury and later returned to modified duty. She sought compensation for disability beginning August 2013. Her physician described a separate July 2013 incident involving heavy gates and assumed her job required lifting 70…

September 16, 2015 ·ECAB
Affirmed
COMM

R.A. and Department of Justice, Bureau of Prisons, Grand Prairie, TX

R.A. (ECAB 14-1438): Increased workload required further review of emotional condition claim

R.A., an administrative assistant at the Bureau of Prisons, claimed that an increased workload and other workplace events aggravated an emotional condition. OWCP denied the claim because it found no compensable work factor. The Board found that his supervisor confirmed staff shortages and that R.A…

September 16, 2015 ·ECAB
Remanded
COMM

H.V. and U.S. Postal Service, Logistics & Distribution Center, Kearny, NJ

H.V. (ECAB 14-1210): Hearing-loss reconsideration request was late

H.V., a postal mail handler, had an accepted claim for right-ear hearing loss but sought to add his left ear. OWCP denied that part of the claim in an April 30, 2012 merit decision. His reconsideration request reached OWCP in May 2013, more than a year later. The Board found that a copy of a…

September 16, 2015 ·ECAB
Affirmed
COMM

A.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH

A.W. (ECAB 14-0199): 2015 schedule-award affirmance later replaced on reconsideration

A.W., a Navy shipyard worker, sought a schedule award for permanent leg impairment following an accepted back injury. In this 2015 decision, the Board found that his physician’s impairment ratings relied on disc conditions it understood OWCP had not accepted and did not follow the applicable rating…

September 16, 2015 ·ECAB
Affirmed
COMM

National Treasury Employees Union, Chapter 83 (Union) and United States Department of the Treasury, Internal Revenue Service (Agency)

NTEU Chapter 83 and IRS (FLRA 0-AR-5037): Promotion remedy for unauthorized interview panels upheld

The IRS used interview panels to evaluate candidates after its automated system produced lists of best-qualified applicants. An arbitrator found that this additional panel review violated the promotion process negotiated with NTEU Chapter 83. His remedy gave qualifying internal applicants two years…

September 16, 2015 ·FLRA
Upheld
ALJ

Secretary of Labor v. Trapper Mining, Inc.

Three electrical, dust, and dragline citations affirmed

MSHA cited Trapper Mining for lacking insulating material at a pond's power-control switch, allowing drill dust to escape through a raised curtain, and performing work on a dragline while its bucket remained suspended. Judge Richard W. Manning affirmed all three violations. He held that the…

September 15, 2015 ·Richard W. Manning ·FMSHRC
Modified
ALJ

Secretary of Labor v. Staker & Parson Companies

Late injury-reporting citation affirmed

A haul-truck driver reported pain and tingling after being jostled by a bad seat and rough mine roads, received medical treatment, and later obtained a state workers' compensation ruling that part of her injury was work-related. Staker & Parson did not submit an MSHA injury report until after an…

September 15, 2015 ·L. Zane Gill ·FMSHRC
Citations affirmed
COMM

Secretary of Labor v. Big Laurel Mining Corporation

Bankruptcy notice did not establish grounds for review

An ALJ assessed $252,304 in penalties against Big Laurel Mining, after which the operator notified the Commission that its corporate family had filed for Chapter 11 bankruptcy and invoked the automatic stay. The Commission explained that Mine Act enforcement is an exercise of the government's…

September 15, 2015 ·FMSHRC
Procedural
COMM

T.K. and Department of the Interior, National Park Service, San Francisco, CA

T.K. (ECAB 15-1635): Lower-paid transfer required wage-loss review

T.K., a National Park Service maintenance worker with an accepted back injury, was placed on paid leave when his employer could not accommodate his work restrictions. He later took a lower-paid federal job and claimed compensation for reduced earning capacity. OWCP denied the claim because he could…

September 15, 2015 ·ECAB
Remanded
COMM

F.W. and U.S. Postal Service, Post Office, Brooklyn, NY

F.W. (ECAB 15-1435): Parcel-lifting injury lacked qualifying medical evidence

F.W., a postal carrier, reported lower back pain after lifting a parcel at work. OWCP accepted that the lifting incident occurred but found insufficient medical evidence connecting a diagnosed condition to it. His supporting reports came from a chiropractor who did not document a spinal subluxation…

September 15, 2015 ·ECAB
Affirmed
COMM

B.A. and U.S. Postal Service, Sylmar Post Office, Sylmar, CA

B.A. (ECAB 15-1384): Fall at work lacked legible medical proof of injury

B.A., a postal clerk, said she fell from a platform while moving mail and injured her shoulder, nose, and knee. Witness statements supported that she was found on the floor, but the medical notes she submitted had no legible diagnosis or signature. The Board found no identifiable physician’s…

September 15, 2015 ·ECAB
Affirmed
COMM

M.G. and Department of Veterans Affairs, Veterans Health Administration, Northport, NY

M.G. (ECAB 15-1201): Knee injury claim lacked a medical explanation of cause

M.G., a Veterans Affairs housekeeping aide, twisted his left knee while working on a slope and later reported a sprain. OWCP accepted the work incident but denied the claim for lack of medical proof connecting it to a diagnosed injury. The Board found that imaging showed knee abnormalities but the…

September 15, 2015 ·ECAB
Affirmed
COMM

D.W. and U.S. Postal Service, Post Office, Bristol, PA

D.W. (ECAB 15-1122): Recurrence of disability not linked to accepted fall injuries

D.W., a postal letter carrier, sustained accepted back and trapezius sprains after slipping on ice while delivering mail. She later stopped work and claimed a recurrence of disability from the 2010 fall. After earlier medical evaluations and remands, OWCP obtained an impartial specialist’s opinion…

September 15, 2015 ·ECAB
Affirmed
COMM

M.O. and U.S. Postal Service, Post Office, Houston, TX

M.O. (ECAB 15-1085): Leg impairment claim returned for review of later nerve study

M.O., a postal letter carrier, sought a schedule award for leg impairment after an accepted back injury. OWCP denied the claim based on a referral physician’s finding of no ratable leg impairment. The Board found that the physician relied on a 2008 nerve study that was normal but did not explain…

September 15, 2015 ·ECAB
Remanded
COMM

J.H. and U.S. Postal Service, Post Office, Portland, OR

J.H. (ECAB 15-0923): Stair-climbing knee claim lacked reasoned medical support

J.H., a postal letter carrier, developed knee pain after switching from a driving route to one that required frequent stair climbing. OWCP accepted the stair-climbing duties but found the medical evidence insufficient to link them to a diagnosed condition. The Board found that one physician…

September 15, 2015 ·ECAB
Affirmed
COMM

F.L. and U.S. Postal Service, Post Office, Parkridge, IL

F.L. (ECAB 15-0792): Missing schedule-award record sent back to OWCP

F.L. asked OWCP to reconsider an October 1, 2014 schedule award decision. The record sent to the Board lacked that complete decision and included a September 30 decision belonging to another claimant. The Board found it could not review the reconsideration denial on an incomplete record. It set…

September 15, 2015 ·ECAB
Remanded
COMM

D.C. and U.S. Postal Service, Nashua Priority Mail Processing Center, Nashua, NH

D.C. (ECAB 14-1931): Casual employee’s compensation pay rate upheld

D.C., a casual postal label clerk, received disability compensation after a 2001 back injury. OWCP initially calculated her benefits as though she worked a 40-hour week, then corrected the rate using payroll records showing an average of 29.02 hours a week. D.C. maintained that she was a full-time…

September 15, 2015 ·ECAB
Affirmed
COMM

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

R.W. (ECAB 14-1451): Right knee award returned for testing; left knee denial upheld

R.W., a postal building equipment mechanic with an accepted knee injury, sought a schedule award beyond a previously compensated 28 percent right leg impairment and for his left leg. One examiner reported mild instability after right knee replacement, a finding that could change the impairment…

September 15, 2015 ·ECAB
Mixed result
COMM

United States Department of Labor (Agency) and American Federation of Government Employees, Local 12 (Union)

Department of Labor and AFGE Local 12 (FLRA 0-AR-5083): Term-appointment reinstatement award set aside

A Department of Labor employee's term appointment ended on its stated expiration date. An arbitrator found that the agency should have given her adverse-action notice and a hearing, and ordered reinstatement with backpay. The Authority held that expiration of a term appointment is not a removal or…

September 15, 2015 ·FLRA
Set aside
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Medical Center, Lexington, Kentucky (Agency) and American Federation of Government Employees, Council of Prison Locals, Council 33, Local 817 (Union)

FMC Lexington and AFGE Local 817 (FLRA 0-AR-4931): Officer overtime claims partly remanded

Correctional officers at the Lexington federal medical center sought overtime pay for tasks before and after their scheduled shifts. An arbitrator awarded compensation for security screening, equipment handling, travel to work posts, and other activities. The Authority returned the screening and…

September 15, 2015 ·FLRA
Remanded
ALJ

Secretary of Labor on behalf of Leonard Madrid v. American Mining & Tunneling, LLC and Chris Corley

Discrimination summary-decision motion denied

American Mining & Tunneling and Chris Corley sought summary decision on Leonard Madrid's discrimination claim, arguing that they did not know he had complained to MSHA before his termination. Judge William B. Moran held that the argument addressed only one of Madrid's alleged protected activities…

September 14, 2015 ·William B. Moran ·FMSHRC
Procedural
COMM

Yamaha Motor Corporation, U.S.A.

In re Yamaha Motor Corporation, U.S.A. (EAB CAA Appeal No. 15-02C): Consent Agreement ratified

Yamaha Motor Corporation, U.S.A. resolved an EPA Clean Air Act matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). In ratifying the penalty assessment for recordkeeping…

September 14, 2015 ·EPA EAB
Settled

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.