Federal Agency Decisions

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

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

J.L. and Department of the Army, Installation Management Command, Joint Base Lewis-McChord, WA

J.L. (ECAB 15-0828): Returned hearing notice defeated abandonment finding

J.L. requested a hearing after OWCP terminated his wage-loss compensation. OWCP mailed a hearing notice, but the postal service returned it and the record did not show a new notice. The Board held that he could not be deemed to have abandoned a hearing of which he had not been properly notified. It…

August 3, 2015 ·ECAB
Remanded
COMM

C.R. and U.S. Postal Service, Post Office, Columbus, OH

C.R. (ECAB 15-0737): Knee disability claim requires combined case files

C.R., a postal letter carrier, claimed disability after an accepted knee and elbow injury. The hearing representative relied on a medical report from a separate knee claim file that was absent from the record before the Board. The Board directed OWCP to combine the two related files and reconsider…

August 3, 2015 ·ECAB
Remanded
COMM

J.F. and U.S. Postal Service, Post Office, Allen Park, MI

J.F. (ECAB 15-0536): Elbow benefits termination and later denial upheld

J.F., a postal employee, received benefits for left elbow tendinitis after a workplace fall. The Board credited a reasoned second opinion finding the accepted condition resolved by February 2014. Her later medical reports did not adequately establish continued disability or residuals from that…

August 3, 2015 ·ECAB
Affirmed
COMM

K.D. and Department of Homeland Security, Immigration and Customs Enforcement, Miami, FL

K.D. (ECAB 15-0524): New shoulder rating must be decided on merits

K.D. submitted new medical reports rating his right arm impairment at six percent after an earlier schedule award decision. OWCP treated the submission as a late reconsideration request. The Board held that it was a new claim for an increased award based on later medical evidence, which required…

August 3, 2015 ·ECAB
Remanded
COMM

L.K. and U.S. Postal Service, Post Office, Philadelphia, PA

L.K. (ECAB 14-1072): Letter carrier disease claim needs medical development

L.K., a postal letter carrier, attributed back and knee conditions to prolonged walking, stair climbing, and carrying mail. Her physician linked diagnosed conditions to those duties, but the reports did not fully explain the medical reasoning. The Board found the evidence strong enough to require…

August 3, 2015 ·ECAB
Remanded
COMM

Dady v. Harley Marine Services, Inc.

Seaman retaliation relief affirmed

Joseph Dady was a captain for Harley Marine Services. He alleged that the company fired him because of protected safety complaints. After a hearing, an administrative law judge found retaliation and ordered reinstatement, back pay, and punitive damages. The Board held that substantial evidence…

July 31, 2015 ·DOL ARB
Affirmed
COMM

Barco Enterprises, Inc.

Lead paint wage classification remanded

Barco Enterprises hired workers to remove lead paint during a federal building renovation. The Wage and Hour Division said they should receive the painter rate rather than the lower common laborer rate, and Barco challenged that classification. The Board found that the agency needed stronger…

July 31, 2015 ·DOL ARB
Remanded
COMM

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

IRS and NTEU (FLRA 0-AR-5025): Retroactive transit reimbursement upheld

The IRS paid eligible employees transit subsidies of up to $125 per month before Congress retroactively raised the tax-free limit for 2012 and early 2013. An arbitrator found that the IRS's agreement with NTEU required it to reimburse employees for qualifying transit costs above the old limit, and…

July 31, 2015 ·FLRA
Upheld
ALJ

Secretary of Labor v. CAM Mining, LLC

Repeated-flagrant designation removed in $4,000 settlement

A single order against CAM Mining carried a repeated-flagrant designation and a proposed $140,000 penalty. The parties disputed the belt's condition, how long the condition existed, and whether the Secretary's predicate violations were sufficiently similar to support the repeated-flagrant finding…

July 30, 2015 ·Jerold Feldman ·FMSHRC
Settled
ALJ

Secretary of Labor v. CAM Mining, LLC

Float-coal-dust order settled for $40,000

CAM Mining received a repeated-flagrant order for accumulations of float coal dust in a power box, carrying a proposed $144,300 penalty. The parties agreed that the cited predicate violations did not involve power-box accumulations and that the mine adopted a power-box cleaning program in 2009…

July 30, 2015 ·Jerold Feldman ·FMSHRC
Settled
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union (Union)

Customs and Border Protection and NTEU (FLRA 0-AR-5058): Transit subsidy reconsideration denied

An arbitrator found that Customs and Border Protection had failed to provide eligible employees the maximum transit subsidy promised by its agreement with NTEU and ordered retroactive reimbursement. The Authority upheld that remedy, then the agency sought reconsideration and a stay. The Authority…

July 30, 2015 ·FLRA
Procedural
ALJ

Secretary of Labor v. Consol Pennsylvania Coal Company, LLC

Bleeder-water violations affirmed with $29,116 penalty

Consol Pennsylvania Coal allowed water 12 to 42 inches deep to cover about 2,250 feet of an Enlow Fork Mine bleeder system, hiding uneven floor conditions and debris from examiners who traveled the route alone. The mine's ventilation plan required pumps to keep the bleeders safe for travel, and…

July 29, 2015 ·Janet G. Harner ·FMSHRC
Citations affirmed
COMM

D.H. and U.S. Postal Service, Post Office, North Metro, GA

D.H. (ECAB 15-1090): Hand disease denial and review refusal upheld

D.H., a postal letter carrier, claimed carpal tunnel syndrome and thumb arthritis from route duties. The Board found no reasoned physician opinion connecting either condition to those duties. Her later reconsideration request supplied no relevant new medical evidence or qualifying legal argument…

July 29, 2015 ·ECAB
Affirmed
COMM

J.A. and Department of Housing and Urban Development, Annandale, VA

J.A. (ECAB 15-0989): Late disease claim review showed no clear error

J.A., a HUD enforcement assistant, sought reconsideration of an earlier occupational disease denial more than a year after the last merits decision. She submitted later medical opinions linking several conditions to repetitive duties. The Board held that they did not show clear error on the face of…

July 29, 2015 ·ECAB
Affirmed
COMM

H.S. and Department of the Army, U.S. Army Europe 7th Army Civilian Personnel Advisory Center, Kaiserslautern, Germany

H.S. (ECAB 15-0904): Post-injury infection requires specialist review

H.S. developed a Staphylococcus infection after falling against an Army tank at work. A physician linked the infection to the back injury, while attributing a zoster infection and liver lesion to other causes. The Board found the opinion supportive but insufficient to establish the claim without…

July 29, 2015 ·ECAB
Remanded
COMM

B.B. and U.S. Postal Service, Post Office, Riverdale, MD

B.B. (ECAB 15-0825): Decades-late review failed clear-error standard

B.B. sought reconsideration of a 1985 OWCP decision concerning an earlier workplace back injury. The request arrived far outside the one-year period. The Board found that her later medical reports did not address the original disputed disability period with sufficient detail, and her claimed…

July 29, 2015 ·ECAB
Affirmed
COMM

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

E.G. (ECAB 15-0736): Hearing loss files must be combined

E.G., a retired Navy shipyard employee, appealed denial of a hearing loss claim. OWCP had previously accepted hearing loss in two other claims but did not include one of those files in the record before the Board. The Board directed OWCP to combine the files and decide the new claim on a complete…

July 29, 2015 ·ECAB
Remanded
COMM

D.G. and U.S. Postal Service, Post Office, Minneapolis, MN

D.G. (ECAB 15-0723): Medical reports received on decision day require review

D.G. submitted an emergency room report and an attending physician report for his injury claim. OWCP received them on the same day it denied the claim for lack of medical evidence but did not review them. The Board held that OWCP must consider evidence received by the time it issues a final…

July 29, 2015 ·ECAB
Remanded
COMM

D.G. and U.S. Postal Service, East Liberty Station, East Liberty, PA

D.G. (ECAB 15-0656): Unreviewed evidence requires emotional claim decision

D.G. appealed denial of an emotional-condition claim. The hearing representative discussed submissions through June 19, 2014 but did not address documentation he provided on June 25. The Board held that OWCP must review all evidence received before its decision. It remanded for consideration of…

July 29, 2015 ·ECAB
Remanded
COMM

J.L. and U.S. Postal Service, Columbus Processing and Distribution Center, Columbus, OH

J.L. (ECAB 15-0530): Overpayment and waiver denial upheld

J.L., a postal employee, continued receiving total disability compensation after returning to work. The Board upheld OWCP's $3,156.49 overpayment calculation. Although he was without fault, his documented income exceeded reasonable monthly expenses and he did not show detrimental reliance. The…

July 29, 2015 ·ECAB
Affirmed
COMM

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

N.U. (ECAB 14-1573): Neck and back claim lacked work-causation rationale

N.U., a postal letter carrier, attributed neck and low back conditions to casing mail and other duties. His physician diagnosed several conditions but did not adequately describe his work or explain medically how the duties caused the conditions. The Board found no reasoned causal opinion…

July 29, 2015 ·ECAB
Affirmed
ALJ

Amanda Bent Bolt Co.

Failure to abate press-wiring violation affirmed

Amanda Bent Bolt manufactured automotive parts with mechanical power presses at its Logan, Ohio facility. A prior settlement required permanent presses that were not frequently moved to be hardwired within 180 days, but a follow-up inspection found that presses still used flexible cords after the…

July 29, 2015 ·Carol A. Baumerich ·OSHRC
Citations affirmed
COMM

Star Sewer and Water District Wastewater Treatment Plant

In re Star Sewer and Water District Wastewater Treatment Plant (EAB NPDES Appeal No. 15-07): petition dismissed as moot

Star Sewer and Water District petitioned the Environmental Appeals Board over NPDES Permit No. ID0023591 for its wastewater treatment plant. The petition challenged effluent limits for ammonia and chlorine and a task in the chlorine compliance schedule. EPA Region 10 notified the Board that it…

July 28, 2015 ·EPA EAB
Procedural
COMM

M.M. and Department of Veterans Affairs, Veterans Affairs Medical Center, Louisville, KY

M.M. (ECAB 15-1040): Fall injury denial upheld; authorized care remains

M.M. slipped on a wet floor at work and reported wrist, back, and hip conditions. The Board accepted the fall but found no adequately reasoned physician opinion tying the diagnoses to it; chiropractic reports also did not meet FECA's physician standard on this record. It affirmed the injury denial…

July 28, 2015 ·ECAB
Affirmed
COMM

D.O. and U.S. Postal Service, Post Office, Bedford Park, IL

D.O. (ECAB 15-1004): Retirement overlap debt lacked payment proof

OWCP found that D.O. had received an $11,864.54 overpayment by collecting FECA and federal retirement benefits during the same period. The Board found no document establishing when he actually received retirement payments, their covered periods, or their amounts. An election form alone did not…

July 28, 2015 ·ECAB
Remanded
COMM

A.A. and Department of Homeland Security, Customs and Border Protection, Tucson, AZ

A.A. (ECAB 15-0898): Existing three percent leg ratings upheld

A.A., a border protection employee, sought more than three percent permanent impairment of each leg after accepted spine and nerve conditions. Her physician proposed higher ratings using examination findings more than four years old. The Board gave that assessment little weight and found no medical…

July 28, 2015 ·ECAB
Affirmed
COMM

J.L. and U.S. Postal Service, Processing and Distribution Center, Aurora, IL

J.L. (ECAB 15-0832): Late injury notice barred continuation of pay

J.L. sought continuation of pay after a November 2014 workplace injury. Although he dated his claim form on the injury date, the supervisor did not receive it until more than 30 days later. The Board found no evidence of an earlier written claim and held that he missed the deadline for continuation…

July 28, 2015 ·ECAB
Affirmed
COMM

R.W. and U.S. Postal Service, Post Office, Tampa, FL

R.W. (ECAB 15-0810): Shoulder injury claim lacked medical rationale

R.W., a postal employee, reported a workplace event and was diagnosed with left shoulder conditions. The Board accepted the event but found her physician did not adequately explain how it caused or aggravated the diagnosed conditions. Reports referring generally to years of repetitive duties did…

July 28, 2015 ·ECAB
Affirmed
COMM

H.H. and U.S. Postal Service, Post Office, Girard, OH

H.H. (ECAB 15-0304): Light-duty change did not prove disability recurrence

H.H., a postal employee, claimed total disability from December 2013 to January 2014 after an accepted injury. She argued that changes to her modified job amounted to withdrawal of suitable light duty. The Board found the revised assignment remained within her medical restrictions and was full…

July 28, 2015 ·ECAB
Affirmed
COMM

D.S., Attorney for B.P., and U.S. Postal Service, New Castle Post Office, New Castle, PA

D.S., Attorney for B.P., (ECAB 15-0141): Agreed itemized attorney fee denial reversed

D.S. sought approval of $421.50 in fees for representing B.P. before OWCP. He submitted itemized bills identifying the work and charges, each signed by the employee in agreement. The Board held that the regulations deemed a compliant, agreed application approved and that OWCP lacked a basis for its…

July 28, 2015 ·ECAB
Vacated
COMM

D.T. and U.S. Postal Service, Post Office, Cherry Hill, NJ

D.T. (ECAB 15-0023): Cervical condition and disability recurrence unproved

D.T. sought to add a cervical spine condition to an accepted shoulder injury and claimed later disability. His accounts attributed the neck condition to different events, and the medical opinions did not adequately explain how the accepted injury or related physical therapy caused it. Without proof…

July 28, 2015 ·ECAB
Affirmed
COMM

Social Security Administration, Office of Disability Adjudication and Review, Springfield, Massachusetts (Agency) and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers (Union)

SSA disability appeals office and ALJ union (FLRA 0-AR-4960): Counseling memorandum removed

A disability claimant complained that an SSA administrative law judge had been biased during her hearing. An initial review found no bias, but the agency later investigated and issued the judge a counseling memorandum about his tone. An arbitrator found that the memorandum functioned as discipline…

July 28, 2015 ·FLRA
Upheld
ALJ

Secretary of Labor v. Ellis & Eastern Company

Railroad repair shop fell outside MSHA jurisdiction

MSHA cited Ellis & Eastern for failing to set a truck's parking brake inside its Sioux Falls railroad maintenance shop, which serviced locomotives used to transport quarry products. Judge L. Zane Gill held that the shop was physically separate from the quarry, repaired transportation equipment…

July 27, 2015 ·L. Zane Gill ·FMSHRC
Citations vacated
COMM

P.W. and U.S. Postal Service, Post Office, New Castle, DE

P.W. (ECAB 15-0822): Two percent wrist impairment award upheld

P.W. sought a larger schedule award after accepted right wrist de Quervain's tenosynovitis. Her physician rated other conditions rather than the accepted one. The Board found OWCP's medical adviser properly used the applicable wrist rating grid, under which two percent was the maximum for the…

July 27, 2015 ·ECAB
Affirmed
COMM

D.R. and Department of Homeland Security, Immigration and Customs Enforcement, Irving, TX

D.R. (ECAB 15-0789): Accepted hearing loss was not ratable

D.R. had accepted work-related noise-induced hearing loss and sought a schedule award. The Board applied the rating method to the certified audiograms and found zero percent ratable loss in either ear. Another audiogram lacked physician certification and could not support an award. It affirmed…

July 27, 2015 ·ECAB
Affirmed
COMM

R.L. and U.S. Postal Service, Post Office, Englishtown, NJ

R.L. (ECAB 15-0699): Knee injury did not establish arthritis aggravation

R.L. had an accepted knee meniscus tear and claimed it worsened preexisting chondromalacia. Her physician relied heavily on symptoms appearing after the injury but did not explain how the tear aggravated the cartilage condition. An examining physician found no clinical basis for aggravation. The…

July 27, 2015 ·ECAB
Affirmed
COMM

Y.C. and U.S. Postal Service, College Park Post Office, Atlanta, GA

Y.C. (ECAB 15-0327): Termination of knee injury benefits affirmed

Y.C., a postal letter carrier, received compensation for accepted injuries and arthritis in both knees. OWCP ended wage-loss and medical benefits after its examining surgeon found no active work-related condition requiring treatment or work restrictions. Y.C.'s attending surgeon reported continuing…

July 27, 2015 ·ECAB
Affirmed
COMM

C.B. and U.S. Postal Service, Post Office, Albany, NY

C.B. (ECAB 14-1973): Knee claim lacked medical explanation of causation

C.B., a postal letter carrier with a prior left knee condition, reported twisting that knee while trying to hold a door closed during a dog encounter. OWCP accepted that the work incident occurred and that he had a diagnosed knee condition, but denied the claim for lack of medical evidence…

July 27, 2015 ·ECAB
Affirmed
COMM

R.L. and Department of the Navy, Space & Naval War Systems Command, San Diego, CA

R.L. (ECAB 14-1936): Workplace move did not establish a compensable stress factor

R.L., a Navy administrative specialist, attributed depression and anxiety to a workplace move, management's handling of it, and pressure during a staffing transition. The Board found her claims about regular work duties too vague and unsupported to establish a compensable work factor. It also found…

July 27, 2015 ·ECAB
Affirmed
COMM

N.B. and U.S. Postal Service, Post Office, Santa Ana, CA

N.B. (ECAB 14-1778): Suitable-work benefit termination reversed

N.B., a postal mail processor with accepted hand and knee conditions, was offered a customer care job within her work restrictions. OWCP ended her wage-loss and schedule-award benefits after treating her absence as a refusal of suitable work. The Board found that she had signed the job offer and…

July 27, 2015 ·ECAB
Vacated
COMM

M.B. and Defense Agencies, DLA Distribution Region East, Fort Belvoir, VA

M.B. (ECAB 14-1265): Fitness program injury claim needs more fact finding

M.B., a defense distribution worker, reported an Achilles injury while playing basketball at his agency's fitness center during work hours. OWCP denied the claim because it found he was not authorized to participate in the agency fitness program. The Board found the record incomplete: the agency…

July 27, 2015 ·ECAB
Remanded
ALJ

International Shipbreaking Limited, LLC

Electrical citations vacated under equitable estoppel

International Shipbreaking operated at the Port of Brownsville, Texas. In a written settlement resolving earlier cases, OSHA withdrew the prior citations and gave the company sixty days to implement a comprehensive electrical safety and assured-equipment-grounding program. About two weeks after…

July 27, 2015 ·Patrick B. Augustine ·OSHRC
Citations vacated
COMM

Matter of Marcos Victor ORDAZ-Gonzalez

Unused notice does not stop continuous presence

The Board reconsidered a Mexican respondent's eligibility for cancellation of removal after the Ninth Circuit remanded the case. The respondent had been served with a 1998 notice to appear, but removal proceedings never began on the basis of that document, and proceedings later began under a second…

July 24, 2015 ·BIA
Remanded
COMM

United States Department of Justice, Federal Bureau of Prisons (Respondent/Agency) and American Federation of Government Employees, Local 3935, AFL-CIO (Charging Party/Union)

Bureau of Prisons and AFGE Local 3935 (FLRA CH-CA-12-0271): Prison must honor compressed schedule agreement

The union and managers at a federal prison camp in Duluth agreed on a compressed work schedule for correctional services employees. The Bureau of Prisons sent a disapproval to the union after the agreement's 30-day review period, so the agreement had already taken effect. The Authority upheld an…

July 24, 2015 ·FLRA
Upheld
COMM

Chief, Division of Enforcement v. Association of Administrative Law Judges

Unopposed ALJ dismissal becomes final

The Department of Labor's Chief of the Division of Enforcement brought a standards of conduct case against the Association of Administrative Law Judges. An administrative law judge granted the association's motion for summary decision, denied the Chief's competing motion, and recommended dismissing…

July 24, 2015 ·DOL ARB
Procedural
COMM

Maddin v. TransAm Trucking, Inc.

Board appeal attorney fees awarded

The Board previously affirmed a finding that TransAm Trucking fired Alphonse Maddin in violation of the Surface Transportation Assistance Act. Maddin sought attorney fees for work on that appeal but initially filed his petition with the administrative law judge instead of the Board. The Board held…

July 24, 2015 ·DOL ARB
Procedural
COMM

G.G. and U.S. Postal Service, Post Office, Wisconsin Rapids, WI

G.G. (ECAB 15-1076): Refusal to reopen injury claim affirmed

G.G., a postal mail carrier, sought reconsideration of a denied claim arising from a fall on ice. OWCP declined to reopen the claim, and the Board reviewed only that refusal. The physical therapy records she submitted were new but did not supply medical evidence from a physician on the disputed…

July 24, 2015 ·ECAB
Affirmed
COMM

M.T. and Defense Health Agency, Fort Belvoir Community Hospital, Bethesda, MD

M.T. (ECAB 15-0994): Nurse's strain claim lacked medical causation opinion

M.T., a clinical nurse, reported pain and spasms after caring for a critically ill patient during a work shift. OWCP accepted that the work incident occurred but denied her claim for a diagnosed condition caused by it. Her physician diagnosed a trapezius strain but gave no opinion connecting that…

July 24, 2015 ·ECAB
Affirmed
COMM

C.B. and U.S. Postal Service, Post Office, Cleveland, OH

C.B. (ECAB 15-0882): Accepted back injury benefit termination affirmed

C.B., a postal supervisor, had received benefits for an accepted aggravation of L5 radiculopathy after a workplace fall. An impartial medical examiner found no remaining objective signs of that accepted aggravation, although he considered her unable to work because of other back conditions. The…

July 24, 2015 ·ECAB
Affirmed
COMM

D.W. and Department of the Air Force, Robins Air Force Base, GA

D.W. (ECAB 15-0836): Lumbar sprain benefit termination affirmed

D.W., an Air Force engineering technician, had an accepted lumbar sprain after a fall at work. OWCP ended his wage-loss and medical benefits after a second opinion surgeon found the accepted sprain had resolved and attributed later back symptoms to a preexisting degenerative condition. The Board…

July 24, 2015 ·ECAB
Affirmed
COMM

J.P. and Department of the Interior, National Park Service, Staten Island, NY

J.P. (ECAB 15-0743): WTC exposure claim and late hearing request denied

J.P., a National Park Service employee, sought FECA benefits for conditions he attributed to work at the World Trade Center rescue and recovery site. OWCP accepted that he had reported occupational exposure, but he submitted no underlying medical evidence connecting his conditions to that work. The…

July 24, 2015 ·ECAB
Affirmed
COMM

J.M. and Department of the Treasury, Internal Revenue Service, Holtsville, NY

J.M. (ECAB 15-0398): Chiropractor's x-ray evidence must be considered

J.M., an IRS contact representative, reported back pain after slipping between a rug and a tiled floor at work. OWCP denied her claim after deciding that her chiropractor's reports did not qualify as physician evidence under FECA. The Board held that the chiropractor could qualify as a physician…

July 24, 2015 ·ECAB
Remanded
COMM

R.H. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH

R.H. (ECAB 15-0031): Arm impairment rating requires a new impartial examiner

R.H., a Navy shipyard worker, had accepted carpal and cubital tunnel conditions and received a five percent right arm schedule award. His attending physician and OWCP's medical advisers gave different impairment ratings. The impartial examiner adopted other physicians' calculations without…

July 24, 2015 ·ECAB
Remanded
COMM

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

J.A. (ECAB 14-1968): Late reconsideration denial affirmed

J.A., a postal rural carrier, sought reconsideration of a denied back condition claim. Her request was dated within one year of the last merit decision, but OWCP received it after the one-year deadline. The Board also found that the new medical reports did not show on their face that OWCP's earlier…

July 24, 2015 ·ECAB
Affirmed
COMM

M.P. and Department of Justice, Drug Enforcement Administration, Los Angeles, CA

M.P. (ECAB 14-1680): Injury claim and late record-review request denied

M.P., a federal drug enforcement agent, reported an infection and rashes after field work in Guam. OWCP accepted that he performed the work but denied his injury claim because he submitted no physician's diagnosis and reasoned opinion connecting the conditions to that work. The Board held that a…

July 24, 2015 ·ECAB
Affirmed
COMM

L.W. and U.S. Postal Service, Post Office, Princeton, NJ

L.W. (ECAB 14-0559): Wage-loss termination upheld, cervical condition remanded

L.W., a postal letter carrier, had accepted neck, head, and eyelid conditions after a fall at work. The Board found that OWCP properly stopped wage-loss compensation effective January 5, 2012 because the medical evidence did not establish continuing disability from those accepted conditions. It…

July 24, 2015 ·ECAB
Mixed result
COMM

Mill Branch Coal Corporation v. Secretary of Labor

Imminent-danger order affirmed and examination findings remanded

Severe floor heave, deteriorating ribs, displaced roof-support jacks, blocked doors, and an obstructed primary escapeway developed while miners retrieved equipment from Mill Branch's Low Splint A Mine. The Commission affirmed the imminent-danger withdrawal order because the inspector reasonably…

July 23, 2015 ·FMSHRC
Mixed result
COMM

Graves v. MV Transportation, Inc.

Bus driver complaint dismissal affirmed

Bus driver Michael Ben Graves complained that backing buses without a spotter was unsafe. He later alleged that MV Transportation retaliated through discipline and other workplace actions. After a hearing, an administrative law judge dismissed his complaint. The Board agreed that his safety…

July 23, 2015 ·DOL ARB
Affirmed
COMM

S.M. and U.S. Postal Service, Post Office, Schenectady, NY

S.M. (ECAB 15-1062): Late hearing request denial affirmed

S.M., a postal clerk, sought an oral hearing after OWCP denied a claim arising from a fall at work. He requested the hearing more than four months after OWCP's May 8, 2014 claim decision, beyond the 30-day period for a hearing as of right. The Board found that OWCP had reasonably declined to grant…

July 23, 2015 ·ECAB
Affirmed
COMM

M.P. and U.S. Postal Service, Processing & Distribution Center, San Diego, CA

M.P. (ECAB 15-0952): Knee injury claim lacked a clear incident record

M.P., a postal mail handler, reported knee pain from operating a tow vehicle. She claimed a December 19, 2014 traumatic injury, but her physician's reports also described repeated pedal use over several days. OWCP asked her to clarify what happened, and she did not supply the requested factual…

July 23, 2015 ·ECAB
Affirmed

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.