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

E.C. and U.S. Postal Service, Post Office, Flushing, NY

E.C. (ECAB 15-0603): Termination of compensation upheld

E.C., a postal mail processor, received disability compensation for accepted neck, shoulder, hand, wrist, and back conditions. OWCP ended the benefits after an impartial specialist found no continuing work-related residuals or disability from those conditions. Her treating physician said she…

July 15, 2015 ·ECAB
Affirmed
ALJ

Secretary of Labor on behalf of Thomas Harper v. Kingston Mining Inc.

Safety complainant temporarily reinstated

Thomas Harper repeatedly complained that another shift was not cleaning and rock-dusting the section properly and also supplied running-right cards for use in a Commission case. Kingston Mining later selected him for layoff through an employee-ranking process. Judge John Kent Lewis found a…

July 14, 2015 ·John Kent Lewis ·FMSHRC
Procedural
COMM

James Baker, Jr. v. Gulf Island Marine Fabricators, LLC

Baker v. Gulf Island Marine (BRB 14-0344): coverage denial affirmed for rig module work

James Baker worked onshore in Louisiana building living quarters intended for the Big Foot offshore oil platform. He alleged an injury while installing sheet metal and sought benefits under the Longshore Act or the Outer Continental Shelf Lands Act. The Board affirmed the denial because Big Foot…

July 14, 2015 ·BRB
Affirmed
COMM

S.A. and U.S. Postal Service, Post Office, Washington, DC

S.A. (ECAB 15-0959): Back injury claim denial upheld

S.A., a postal mail processing clerk, said she felt back pain when a tray of mail gave way as she lifted it. An OWCP hearing representative accepted that the incident occurred at work. The Board found that her physician’s reports did not accurately describe that incident or adequately explain how…

July 14, 2015 ·ECAB
Affirmed
COMM

R.W. and Department of Homeland Security, Customs & Border Protection, Buffalo, NY

R.W. (ECAB 15-0897): Earlier disability recurrence denial upheld

R.W., a customs officer, had an accepted back and shoulder injury from a 2009 fall and later sought compensation for another period away from work. OWCP accepted a recurrence starting January 30, 2015, but denied his claim for May 20, 2014 through that date. The Board found that the medical reports…

July 14, 2015 ·ECAB
Affirmed
COMM

S.H. and Department of the Air Force, Hill Air Force Base, UT

S.H. (ECAB 15-0845): Bilateral hand impairment award denied

S.H., an Air Force electronics mechanic, had an accepted claim for bilateral carpal tunnel syndrome and sought an award for permanent impairment of both arms. OWCP’s second-opinion physician estimated three percent impairment in each arm. The Board found that the nerve test results did not meet the…

July 14, 2015 ·ECAB
Affirmed
COMM

N.L., claiming as widow of C.L., and Department of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives, Sylacauga, AZ

N.L. (ECAB 15-0713): Survivor claim hearing request abandoned

N.L. sought survivor benefits after her husband’s death, alleging that work-related conditions contributed to it. OWCP denied the claim, and she requested a telephone hearing. She did not join the scheduled hearing or request another one within the required period. Her representative later…

July 14, 2015 ·ECAB
Affirmed
COMM

P.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX

P.S. (ECAB 15-0682): Schedule award denial upheld

P.S., a Veterans Affairs nurse, sustained accepted injuries to her ankle and hip and developed accepted bladder and bowel conditions after being struck by a scooter at work. She sought a permanent impairment award. Her physician and OWCP’s medical adviser agreed that the accepted leg injuries left…

July 14, 2015 ·ECAB
Affirmed
COMM

E.A. and Department of the Navy, Office of the Secretary, Pentagon, Washington, DC

E.A. (ECAB 15-0673): Shoulder claim and written-record review denials upheld

E.A., a Navy financial management analyst, said he injured his right shoulder when he slipped on a wet bathroom floor at work. The Board accepted that the incident occurred but found that his physician’s checkmark opinion did not adequately explain how it caused or aggravated the diagnosed shoulder…

July 14, 2015 ·ECAB
Affirmed
COMM

D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Bronx, NY

D.B. (ECAB 15-0463): Late hearing request denied

D.B., a Veterans Affairs nursing assistant, requested a hearing after OWCP denied her schedule award claim for an accepted arm injury. She said she had learned of the denial more than a year after it was issued. The Board found that OWCP mailed the decision to her address of record and to her…

July 14, 2015 ·ECAB
Affirmed
COMM

D.W. and Department of Homeland Security, Federal Law Enforcement Training Center, Glynco, GA

D.W. (ECAB 15-0367): Neck condition claim returned for medical review

D.W., a federal training center instructor, had an accepted lumbar sprain after security barriers rose under his vehicle at work. He asked OWCP to recognize additional neck and cervical conditions. The Board found that his surgeon’s reports did not yet prove those conditions were caused or…

July 14, 2015 ·ECAB
Remanded
COMM

G.A. and U.S. Postal Service, Bulk Mail Center, Denver, CO

G.A. (ECAB 14-1516): Full-time wage capacity finding reversed

G.A., a postal mail handler with an accepted shoulder condition, received wage-loss compensation after leaving work. OWCP reduced it on the premise that he could earn full-time wages as a cashier. Its referral physician said G.A. should begin with four-hour days while rebuilding shoulder strength…

July 14, 2015 ·ECAB
Vacated
COMM

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

AFGE Local 12 and Department of Labor (FLRA 0-AR-5093): Promotion grievance sent back for clarification

AFGE Local 12 sought backpay for a Department of Labor employee who said she performed work above her grade. An arbitrator dismissed the grievance as an excluded position-classification matter. The Authority found that the award did not make clear whether the arbitrator had rejected the union's…

July 14, 2015 ·FLRA
Remanded
ALJ

Secretary of Labor v. Lincoln Leasing Co., Inc.

Brake violation affirmed and alarm order reduced

A Lincoln Leasing coal truck had inadequate brakes for weeks, and its driver reported the condition before being told to drive it or go home. Judge L. Zane Gill drew an adverse inference from the company's failure to preserve the bound pre-operation records and found the brake violation S&S, highly…

July 13, 2015 ·L. Zane Gill ·FMSHRC
Modified
ALJ

Secretary of Labor v. Paramont Coal Company Virginia LLC and Paramont Coal Company Virginia LLC v. Secretary of Labor

Misaligned belt found S&S on remand

Paramont's misaligned conveyor belt rubbed against metal hangers near float coal dust and wooden baffles that had begun smoldering from contact with the belt. The Commission remanded so the Judge could consider those conditions together, along with the mine's methane liberation, under continued…

July 13, 2015 ·Alan G. Paez ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. WM D. Scepaniak, Inc.

Unprotected dump edge violation affirmed at $2,500

Two newly trained dump-truck drivers repeatedly backed across loose overburden toward a 20-foot drop without berms, bumper blocks, or other devices to stop overtravel. Their supervisor watched and directed the work while the usual dozer was unavailable, relying on radio warnings and deep ruts…

July 13, 2015 ·Margaret A. Miller ·FMSHRC
Citations affirmed
COMM

T.P. and U.S. Postal Service, Post Office, Detroit, MI

T.P. (ECAB 15-1089): Late hearing request denial upheld

T.P., a postal mail processing clerk, requested an oral hearing after OWCP denied her right arm injury claim. Her hearing request was postmarked one day after the 30-day deadline. The Board found that OWCP correctly treated the request as late and reasonably declined to grant a hearing as a…

July 13, 2015 ·ECAB
Affirmed
COMM

S.S. and Department of the Army, Army National Guard, Montgomery, AL

S.S. (ECAB 15-0958): Hearing award overpayment and waiver denial upheld

S.S., an Army National Guard electronics mechanic, received schedule awards for work-related hearing loss. OWCP failed to subtract an earlier 23 percent hearing award when it paid a later 41 percent award, creating a $24,599.22 overpayment. OWCP found he was not at fault, but he did not provide…

July 13, 2015 ·ECAB
Affirmed
COMM

J.H. and Department of Veterans Affairs, Veterans Affairs Medical Center, St. Louis, MO

J.H. (ECAB 15-0762): Overpayment fault finding set aside

J.H., a Veterans Affairs housekeeping aide, continued receiving schedule award payments after the award period ended. He accepted the $7,347.32 overpayment but disputed fault, saying OWCP’s interruption and restart of the payments confused the ending date. The Board found that OWCP had not shown he…

July 13, 2015 ·ECAB
Remanded
COMM

R.P. and Department of Homeland Security, Immigration & Customs Enforcement, San Diego, CA

R.P. (ECAB 15-0714): Continuation of pay denied for late injury notice

R.P., an immigration enforcement agent, reported a neck injury from a workplace incident. OWCP accepted the neck sprain but denied continuation of pay because he filed the written injury claim more than 30 days after the incident. The Board upheld that timing decision. It explained that the denial…

July 13, 2015 ·ECAB
Affirmed
COMM

M.B. and Department of Homeland Security, Emergency Preparedness & Response, Alexandria, VA

M.B. (ECAB 15-0694): Initial overpayment waiver returned to OWCP

M.B. continued receiving disability payments after returning to full-time work. The Board upheld the overpayment and found that she was at fault for six later deposits totaling $15,084.70, so that portion could not be waived. It found she was not at fault for the first $1,171.01 deposit and…

July 13, 2015 ·ECAB
Remanded
COMM

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

L.C. (ECAB 15-0512): Increased right leg award denied

L.C., a border patrol agent, had an accepted right knee injury and received schedule awards totaling 23 percent impairment of his right leg. He sought a higher award after a partial knee replacement, relying on a physician’s 25 percent estimate. The Board found that the physician had not applied…

July 13, 2015 ·ECAB
Affirmed
COMM

W.G. and Tennessee Valley Authority, Widows Creek Fossil Plant, Stevenson, AL

W.G. (ECAB 15-0416): Hearing loss files must be combined

W.G., a Tennessee Valley Authority worker, appealed OWCP’s denial of a hearing loss claim. He had received an earlier hearing loss schedule award under another claim number, but that complete file was missing from the record. The Board found that it needed both files to review the new denial…

July 13, 2015 ·ECAB
Remanded
COMM

A.L. and U.S. Postal Service, Post Office, Piedmont, CA

A.L. (ECAB 15-0238): Disability claim for June and July 2013 denied

A.L., a postal mail carrier, had accepted right elbow and related depression conditions and sought wage-loss compensation for a later month away from work. She attributed her later emotional symptoms to alleged mistreatment by new management. The Board found that her psychologist’s reports did not…

July 13, 2015 ·ECAB
Affirmed
COMM

O.N. and Department of the Air Force, Air National Guard, New York National Guard, Latham, NY

O.N. (ECAB 14-1744): Arm impairment award returned for correction

O.N., an Air National Guard fuel worker, sought a schedule award for impairment after an accepted neck and right arm injury. OWCP relied on a physician’s 2009 examination as the date of maximum medical improvement, but the physician’s form said O.N. had not reached that point. OWCP’s award…

July 13, 2015 ·ECAB
Remanded
COMM

Hampford Research, Inc.

In re Hampford Research, Inc. (EAB TSCA Appeal No. 15-03C): $57,474 penalty paid and matter resolved

Hampford Research, Inc. of Stratford, Connecticut faced an EPA Toxic Substances Control Act enforcement complaint. EPA alleged that the company failed on nearly two dozen occasions from 2011 to 2014 to comply with TSCA requirements and implementing regulations. The complaint sought a $57,474…

July 10, 2015 ·EPA EAB
Settled
COMM

D.D. and U.S. Postal Service, Post Office, Colfax, WI

D.D. (ECAB 15-0837): Parking lot injury claim returned for fact finding

D.D., a postal postmaster, reported a left shoulder injury after slipping on ice in a parking lot during his workday. OWCP denied the claim because the record did not show whether the lot was part of the employer’s premises. The Board found that OWCP had not sought the needed information from the…

July 10, 2015 ·ECAB
Remanded
COMM

B.L. and U.S. Postal Service, Post Office, Schenectady, NY

B.L. (ECAB 15-0801): Disability recurrence claim denied

B.L., a postal letter carrier, had accepted neck and back sprains and a concussion after a work-related vehicle accident. He later claimed that disability recurred in February 2013. The Board found that the medical reports discussing anxiety, cognitive symptoms, and other conditions did not…

July 10, 2015 ·ECAB
Affirmed
COMM

P.M. and Department of Veterans Affairs, Veterans Health Administration, DC Veterans Medical Center, Washington, DC

P.M. (ECAB 15-0674): Compensation suspension for missing earnings report upheld

P.M. received compensation for accepted shoulder and neck conditions. OWCP mailed her a form asking for information about work and earnings and warned that benefits would be suspended if she did not return it within 30 days. The Board found no response in the record before OWCP’s decision and…

July 10, 2015 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, West Palm Beach, FL

J.H. (ECAB 15-0633): Shoulder treatment and hearing denials upheld

J.H., a postal mail handler, had an accepted right shoulder injury and later sought further medical treatment. The Board found that she had not submitted medical evidence showing that current treatment was needed because of the accepted condition. Her request for a hearing was also postmarked after…

July 10, 2015 ·ECAB
Affirmed
COMM

R.H. and Department of Justice, Metropolitan Detention Center, Brooklyn, NY

R.H. (ECAB 15-0508): Right foot injury claim denial upheld

R.H., a detention center corrections officer, claimed a right foot injury after slipping on a wet stairway at work. The Board found that he had not given enough detail about the incident or clarified whether he claimed a one-day injury or a condition developing over time. He had also submitted no…

July 10, 2015 ·ECAB
Affirmed
COMM

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

D.B. (ECAB 14-1916): Lifting injury claim returned for new review

D.B., a postal mail carrier with accepted injuries from a 2007 vehicle accident, reported increased pain after lifting boxes during modified duty in 2010. She filed a recurrence form, and OWCP denied the claim because it did not meet the definition of a recurrence. The Board found that the evidence…

July 10, 2015 ·ECAB
Remanded
COMM

V.B. and Department of Veterans Affairs, Veterans Benefits Administration, Winston Salem, NC

V.B. (ECAB 14-1596): Emotional condition claim denial upheld

V.B., a Veterans Benefits Administration claims examiner, attributed emotional and physical symptoms to alleged mistreatment, discrimination, and personnel actions at work. The Board found no established compensable work factor or proven error or abuse in the administrative actions it reviewed. It…

July 10, 2015 ·ECAB
Affirmed
COMM

G.M. and Department of the Navy, Marine Corps Air Station, Camp Pendleton, CA

G.M. (ECAB 14-0841): Emotional condition claim denial upheld

G.M., a Marine Corps installation safety manager, attributed emotional symptoms to a discussion with his supervisor about financial reports. The Board found that the discussion occurred but that the record did not corroborate his allegation of verbal abuse or other improper conduct. It held that…

July 10, 2015 ·ECAB
Affirmed
COMM

C.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Fargo, ND

C.F. (ECAB 15-0954): Repetitive work arm claim denied

C.F., a Veterans Affairs medical support assistant, attributed right elbow and hand symptoms to typing and other repetitive duties. Her physician diagnosed lateral epicondylitis and carpal tunnel syndrome but did not offer a medical opinion connecting either condition to those duties. The Board…

July 9, 2015 ·ECAB
Affirmed
COMM

T.A. and Department of Veterans Affairs, Veterans Health Administration, Louisville, KY

T.A. (ECAB 15-0834): Office fall injury claim denial upheld

T.A., a Veterans Affairs claims assistant, slipped at work and reported left knee and ankle injuries. OWCP accepted that the incident occurred, but the Board found that the physicians’ reports did not adequately explain how it caused the diagnosed conditions. A nurse practitioner’s report could not…

July 9, 2015 ·ECAB
Affirmed
COMM

V.I. and U.S. Postal Service, Post Office, Columbia, SC

V.I. (ECAB 15-0794): Late scar award reconsideration denied

V.I., a postal distribution clerk, sought an award for a scar left by an accepted forearm injury. She requested reconsideration of OWCP’s denial more than one year after its merits decision. The Board found that duplicate reports and photographs, along with a physician’s earlier letter, did not…

July 9, 2015 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Post Office, Little Rock, AR

R.M. (ECAB 15-0783): Shoulder condition claim returned for medical review

R.M., a postal letter carrier, had accepted elbow and wrist conditions and asked OWCP to recognize conditions in both shoulders. An OWCP medical adviser said more evidence was needed to assess the claimed link. R.M. then submitted a physician’s report explaining how compensating for his elbow…

July 9, 2015 ·ECAB
Remanded
COMM

S.T. and U.S. Postal Service, Post Office, Shaker Heights, OH

S.T. (ECAB 15-0207): Disability recurrence denial upheld

S.T., a postal letter carrier, received limited duty after an accepted left wrist and elbow injury and later stopped working. The Board found no medical opinion explaining why those accepted contusions prevented him from doing his limited-duty job in April 2013. His doctors instead addressed a left…

July 9, 2015 ·ECAB
Affirmed
COMM

B.B., claiming as widow of G.B., and Department of Justice, Bureau of Prisons, Adelanto, CA

B.B. (ECAB 14-2000): Survivor benefits denial upheld

G.B., a federal correctional officer, died while away from his regular duty station for training. His widow sought survivor benefits under the Federal Employees’ Compensation Act. The Board found that his recreational drug use during the trip was a personal deviation from activities reasonably…

July 9, 2015 ·ECAB
Affirmed
COMM

H.L. and U.S. Postal Service, Post Office, Columbus, OH

H.L. (ECAB 14-1926): Termination for refusing suitable work upheld

H.L., a postal mail processing clerk, received compensation after accepted back and shoulder injuries. OWCP terminated his wage-loss and schedule award benefits after he refused a limited-duty lobby director job. He argued that the commute and the need to leave the lobby to sit made the job…

July 9, 2015 ·ECAB
Affirmed
COMM

L.K. and Department of Homeland Security, U.S. Customs and Border Protection, Raymond, MT

L.K. (ECAB 14-1020): Wage-loss claim returned for fuller record

L.K., a former customs officer, sought wage-loss compensation for a period after he left his job with an accepted right hip condition. OWCP denied the claim, reasoning that he had left available work and could perform sedentary work. The Board found gaps in the record about his duties…

July 9, 2015 ·ECAB
Remanded
COMM

A.P. and Department of Agriculture, Forest Service, Ironwood, MI

A.P. (ECAB 14-0995): Paralegal wage capacity reduction upheld

A.P., a former emergency firefighter with an accepted left knee injury, completed a paralegal certificate program through vocational rehabilitation. OWCP reduced his compensation based on the wages it found he could earn as a paralegal. The Board found that the position met his physical…

July 9, 2015 ·ECAB
Affirmed
COMM

Matter of R. HUANG, Beneficiary of a visa petition filed by Mei Huang, Petitioner

Retroactive adoption may qualify when petition was filed before age 16

The Board reviewed a visa petition filed by Mei Huang on behalf of her adopted niece, R. Huang, who was born in China. The adoption petition in Hawaii was filed two months before R. Huang's sixteenth birthday, but the adoption decree was issued after that birthday and made retroactive to the filing…

July 8, 2015 ·BIA
Remanded
COMM

Giuseppe Cutietta v. National Steel and Shipbuilding Company

Cutietta v. National Steel (BRB 14-0335): benefit forfeiture and Fund relief remanded

Shipwright Giuseppe Cutietta received Longshore Act disability benefits for a work-related back condition. The judge later forfeited benefits for periods when Cutietta reported no earnings despite income from rental properties he managed. The Board agreed that the rental income was reportable, but…

July 8, 2015 ·BRB
Remanded
COMM

S.M., daughter of M.M., and Department of the Air Force, March Air Reserve Base, CA

S.M. (ECAB 15-0817): Survivor claim returned for impartial medical review

S.M. sought survivor benefits after her father, an Air Force firefighter with an accepted back injury, died of combined drug toxicity. A physician who reviewed his medical records believed medications taken for the work injury contributed to his death. An OWCP medical adviser found the available…

July 8, 2015 ·ECAB
Remanded
COMM

M.R. and U.S. Postal Service, Post Office, Spokane, WA

M.R. (ECAB 15-0816): Schedule award denial upheld

M.R., a postal carrier, sought a schedule award after an accepted right shoulder injury and surgery. OWCP asked him for a physician’s rating of permanent upper extremity impairment under the sixth edition of the A.M.A. Guides. He did not provide a current examination or impairment rating during the…

July 8, 2015 ·ECAB
Affirmed
COMM

L.W. and Department of Homeland Security, Customs and Border Protection, El Paso, TX

L.W. (ECAB 15-0719): Left shoulder claim expansion denied

L.W., a former customs communications operator, had an accepted left wrist condition attributed to computer work. Years after retiring, he asked OWCP to add a left shoulder condition to that claim. His doctors diagnosed shoulder conditions and reported treatment, but none explained how his…

July 8, 2015 ·ECAB
Affirmed
COMM

F.V., widow of R.V., and Department of the Interior, Fish and Wildlife Service, Albuquerque, NM

F.V. (ECAB 15-0717): Survivor benefits denial upheld

F.V. sought survivor benefits after her husband, a former Fish and Wildlife Service carpenter, died. OWCP had accepted right shoulder and eye conditions from an earlier workplace fall. His death certificate and a physician’s report attributed his death to other medical conditions, and that…

July 8, 2015 ·ECAB
Affirmed
COMM

R.B. and Department of Labor, Mine Safety and Health Administration, Homewood, AL

R.B. (ECAB 15-0594): Emotional condition claim denial upheld

R.B., an assistant clerk at the Mine Safety and Health Administration, attributed an emotional condition to an altercation with a coworker and alleged workplace harassment. The parties gave differing accounts of the exchange. The Board found no corroborating evidence for R.B.’s account of verbal…

July 8, 2015 ·ECAB
Affirmed
COMM

C.D. and U.S. Postal Service, Post Office, Atlanta, GA

C.D. (ECAB 14-1165): Compensation forfeiture narrowed; overpayment sent for recalculation

C.D., a postal supervisor receiving compensation for an accepted emotional condition, had reported no work or volunteer activity on several annual forms. OWCP later found that she had omitted activities involving a church and a nonprofit organization, declared years of benefits forfeited, and…

July 8, 2015 ·ECAB
Mixed result
COMM

B.H. and Department of Homeland Security, Customs and Border Protection, Philadelphia, PA

B.H. (ECAB 14-0829): Paid-break injury claim returned for consent evidence

B.H., a customs officer, fell over a guardrail while returning with food during a paid break. The Board found that the public area where he fell was outside the employer’s premises and presented no special employment hazard. It also found that he was not on temporary duty or a work errand. But paid…

July 8, 2015 ·ECAB
Remanded
ALJ

Secretary of Labor v. Northern Illinois Service Co.

Seven citations affirmed and brake-light citation vacated

Northern Illinois Service Company contested eight citations issued after MSHA inspections at two portable mines. Judge L. Zane Gill found seven violations involving an opening at an elevated work platform, missing fuel-line shutoff valves on several pieces of equipment, an unset parking brake, and…

July 7, 2015 ·L. Zane Gill ·FMSHRC
Mixed result
COMM

Secretary of Labor v. Alimak Hek Elevator Company

Divided Commission reopened $100 assessment

Alimak Hek Elevator failed to contest a $100 penalty assessment within 30 days and said it had moved offices and did not receive citation documents until months later. The Secretary did not oppose reopening but produced a certified-mail receipt showing that the assessment had been remailed to the…

July 7, 2015 ·FMSHRC
Remanded
COMM

A.G. and Department of the Air Force, Edwards Air Force Base, CA

A.G. (ECAB 15-0921): Traumatic injury claim denial upheld

A.G., an Air Force mechanic, reported slipping on a piece of paper while climbing on an aircraft and injuring his left leg. The Board accepted that the workplace incident occurred. His physician’s note, however, gave no diagnosis, injury history, or opinion connecting a medical condition to the…

July 7, 2015 ·ECAB
Affirmed
COMM

B.P. and Department of the Army, Tank and Automotive and Armaments Command, Anniston, AL

B.P. (ECAB 15-0813): No schedule award; hearing aid issue returned

B.P., an Army electrician, had an accepted claim for hearing loss caused by workplace noise. The Board agreed that the audiogram showed no ratable impairment under the schedule award formula, so it upheld the denial of a cash award. His examining physician recommended hearing aids, while OWCP’s…

July 7, 2015 ·ECAB
Mixed result
COMM

I.S. and Department of Health and Human Services, Office of Civil Rights, Dallas, TX

I.S. (ECAB 15-0800): Compensation suspension for missing report upheld

I.S. received wage-loss compensation for an accepted emotional condition. OWCP asked her to report work and other activity on an EN1032 form within 30 days and warned that nonresponse would suspend her benefits. She did not return the form within that period. The Board held that OWCP properly…

July 7, 2015 ·ECAB
Affirmed
COMM

K.H. and U.S. Postal Service, Memphis Processing and Distribution Center, Memphis, TN

K.H. (ECAB 15-0776): $4,031.97 overpayment and fault upheld

K.H., a postal mail processing clerk, returned to full-time limited duty after a shoulder injury but continued receiving wage-loss checks through January 12, 2013. The Board calculated that $4,031.97 of those payments covered time after his return to work. OWCP had warned him to check the periods…

July 7, 2015 ·ECAB
Affirmed
COMM

T.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Pittsburgh, PA

T.M. (ECAB 15-0715): Emotional condition claim denial upheld

T.M., a Veterans Affairs employee, attributed depression and anxiety to a stressful workload and being subject to callbacks while on leave. The Board found that his broad descriptions of long shifts and many tasks lacked factual detail showing particular work demands or overwork. The agency…

July 7, 2015 ·ECAB
Affirmed
COMM

T.T. and U.S. Postal Service, Post Office, Burlingame, CA

T.T. (ECAB 14-2013): Wage capacity modification returned for job evidence

T.T., a postal worker with accepted right arm conditions, had a wage-earning capacity rating based on a modified carrier job. Years later, the Postal Service withdrew work within her restrictions and she sought to modify that rating. The Board found the original job description inconsistent with…

July 7, 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.