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

P.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Nursing Service, Gainesville, FL

P.G. (ECAB 15-0413): Social Security overpayment recovery upheld

P.G., a former VA nurse, received FECA compensation while also receiving Social Security benefits partly tied to federal employment. OWCP found a $23,817.05 overpayment because the benefits overlapped. The Board affirmed the amount and found her at fault because repeated disclosure forms said she…

June 25, 2015 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Processing and Distribution Center, Teterboro, NJ

D.B. (ECAB 15-0330): Back injury claim denied despite accepted incident

D.B., a postal mail processor, reported back and leg symptoms after lifting a mail tray at work. OWCP accepted that the incident occurred but denied the injury claim. The Board found that her physician had not explained how the incident caused or aggravated the diagnosed lumbar conditions, while…

June 25, 2015 ·ECAB
Affirmed
COMM

J.L. and U.S. Postal Service, Post Office, American Fork, UT

J.L. (ECAB 14-1094): Life insurance overpayment returned for documentation

J.L., a retired postal employee receiving FECA compensation, was told that OWCP had failed to deduct premiums for optional postretirement life insurance, creating a $1,242.66 overpayment. He disputed having elected that coverage. The Board found that OWCP had relied on an agency notice without…

June 25, 2015 ·ECAB
Remanded
COMM

Social Security Administration (Agency) and American Federation of Government Employees, AFL-CIO (Union/Petitioner)

Social Security Administration and AFGE (FLRA WA-RP-14-0055, WA-RP-15-0018): New Baltimore staff outside existing units

AFGE asked whether new professional and nonprofessional employees at the Social Security Administration's National Case Assistance Center in Baltimore automatically joined its existing bargaining units. The regional director dismissed both petitions because the employees worked for the disability…

June 24, 2015 ·FLRA
Upheld
COMM

Administrator, Wage and Hour Division v. 5 Star Forestry, LLC

Administrator v. 5 Star Forestry, LLC (DOL ARB 2014-0021): Fringe benefits upheld, debarment start corrected

5 Star Forestry failed to pay required health and welfare benefits on federal forest service contracts. It argued that several workers were exempt executives and challenged a three-year debarment order. The Board upheld the administrative law judge's finding that the workers at issue were covered…

June 24, 2015 ·DOL ARB
Modified
COMM

C.M. and U.S. Postal Service, Post Office, Milwaukee, WI

C.M. (ECAB 15-0677): Claimed leg injury disability period denied

C.M., a postal employee, had an accepted left leg sprain after a workplace fall. OWCP paid compensation for a later period but denied her claim for disability from September 1 through December 23, 2013. The Board found that a physician’s suggestion that the earlier injury may have predisposed her…

June 24, 2015 ·ECAB
Affirmed
COMM

D.T. and U.S. Postal Service, Post Office, St. Louis, MO

D.T. (ECAB 14-2024): Wrist injury denial upheld with medical cost question left open

D.T., a postal clerk, fell at work and was treated for a right wrist fracture. The Board accepted that the incident occurred but found that the medical reports gave inconsistent histories and lacked an affirmative opinion linking the fracture to that incident. It upheld the injury denial as…

June 24, 2015 ·ECAB
Modified
COMM

M.D. and U.S. Postal Service, Post Office, Freeport, NY

M.D. (ECAB 14-1981): Wage-loss termination and lumbar claim upheld

M.D., a postal carrier, received compensation after an accepted ankle and back injury from a fall at work. OWCP terminated wage-loss compensation after finding no remaining disability due to the accepted conditions. The Board upheld the termination and found insufficient medical evidence of…

June 24, 2015 ·ECAB
Affirmed
COMM

S.H. and U.S. Postal Service, Post Office, Fort Lauderdale, FL

S.H. (ECAB 14-1280): Wage-earning capacity ruling reversed

S.H., a postal carrier, challenged a wage-earning capacity decision made after accepted neck, back, and adjustment conditions. The Board found that the statement of accepted facts sent to the evaluating physicians omitted several accepted conditions, so the original wage-earning capacity ruling was…

June 24, 2015 ·ECAB
Mixed result
COMM

J.S. and Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services, Fort Collins, CO

J.S. (ECAB 14-0994): Dog training injury found within work duties

J.S., a USDA wildlife specialist, fractured a finger while training a dog at his home, which was his official duty station. OWCP had denied the claim on the ground that training that particular dog was outside his authorized work. The Board found that dog training was a recorded work activity and…

June 24, 2015 ·ECAB
Remanded
COMM

D.G. and Department of the Army, Installation Management Command, Fort Drum, NY

D.G. (ECAB 14-0715): Reconsideration of back claim denied

D.G., an Army office aide, claimed a back injury from mowing and lifting at work. OWCP denied the injury claim because the medical evidence did not adequately connect his condition to those duties. In seeking reconsideration, he raised concerns about his job assignment and employer practices but…

June 24, 2015 ·ECAB
Affirmed
COMM

Pullman Power, LLC

Controlling-employer claims reinstated and remanded

Pullman Power was a contractor at a West Virginia power-plant construction project where a specialty subcontractor fabricated fiberglass-reinforced plastic liners. OSHA alleged excessive styrene exposure and use of flammable liquid within 50 feet of an ignition source, asserting that Pullman was…

June 24, 2015 ·OSHRC
Remanded
ALJ

Star Mine Operations, LLC v. Secretary of Labor

Civil cases stayed during criminal investigation

MSHA issued 171 citations and orders to Star Mine Operations after two miners died from carbon-monoxide exposure in 2013, two miners were injured after a 2014 blast, and other inspections occurred at the Revenue Mine. The Secretary sought to stay the civil proceedings during a related federal…

June 23, 2015 ·Richard W. Manning ·FMSHRC
Procedural
ALJ

Secretary of Labor v. The Doe Run Company

Nitrogen-dioxide monitoring citation vacated

MSHA cited Doe Run's underground lead and zinc mine for not continuously monitoring nitrogen dioxide while five miners loaded explosives from a single diesel-powered truck. The inspector's elevated gas reading was later invalidated because his detector was not properly calibrated, and the record…

June 23, 2015 ·Margaret A. Miller ·FMSHRC
Citations vacated
COMM

E.B. and Department of the Air Force, Randolph Air Force Base, Oklahoma City, OK

E.B. (ECAB 15-0627): Firefighter pay overpayment returned for recalculation

E.B., an Air Force fire protection inspector, disputed a $388.98 overpayment assessed for two weeks of compensation. OWCP had calculated his pay as though he worked regular 24-hour firefighter shifts. The Board found that his records instead showed a 40-hour basic workweek with additional overtime…

June 23, 2015 ·ECAB
Remanded
COMM

J.N. and Library of Congress, Washington, DC

J.N. (ECAB 15-0348): Request for renewed medical treatment denied

J.N., a retired Library of Congress employee, sought renewed treatment for conditions accepted after a 1989 workplace fall. She said the conditions had continued, but the file contained no current physician’s opinion explaining a need for treatment related to the accepted injury. The Board found…

June 23, 2015 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, General Mail Facility, Washington, DC

C.S. (ECAB 14-1377): Travel reimbursement dispute returned for a complete record

C.S., a former Postal Service distribution clerk, sought reimbursement for travel to treatment for accepted work injuries. An inspector general investigation reported that she had claimed inflated mileage, and OWCP found a $1,969.31 overpayment for which she was at fault. The Board found that the…

June 23, 2015 ·ECAB
Remanded
COMM

Secretary of Labor v. Sierra Silica Resources

Missed penalty contest reopened for new operator

Sierra Silica received a proposed penalty assessment on March 20, 2014, but did not submit a contest within 30 days. The company said it was new to MSHA procedures and mistakenly failed to send the assessment to counsel for review. The Secretary emphasized that operators must understand procedural…

June 22, 2015 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Traylor Mining, LLC

Special-assessment form not compelled before hearing

The Secretary proposed a specially assessed $52,500 penalty after an injury at Traylor Mining's Bulldog Mine. Traylor moved to compel production of MSHA's special-assessment review form, while the Secretary claimed deliberative-process privilege and said all factual information had already been…

June 22, 2015 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Secretary of Labor v. Wake Stone Corporation

Penalty assessment reopened after stay dispute

Wake Stone received a proposed penalty assessment on February 22, 2014, but did not contest it before it became a final order. The company said it had misread an earlier order staying the dockets pending assessment to mean that its obligation to contest the eventual assessment was also stayed. The…

June 22, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Livingston Limestone Company, Inc.

Paid assessment not reopened for possible individual case

Livingston Limestone paid a proposed penalty assessment in full before it became a final Commission order. Months later, MSHA informed a company agent that it proposed to seek an individual civil penalty against him under section 110(c). Livingston asked to reopen the company assessment because it…

June 22, 2015 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Solar Sources, Inc.

Final assessment reopened after claimed mailing

Solar Sources received a proposed penalty assessment on March 20, 2014, and said it mailed a contest within the required time. MSHA had no record of receiving that contest, so the assessment became a final Commission order on April 21. The Secretary did not oppose reopening but urged the operator…

June 22, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Rex Coal Company, Inc.

Two-day-late penalty contest reopened

Rex Coal received a proposed penalty assessment on March 15, 2014, but did not contest it within the required 30 days. The assessment became a final Commission order on April 14, 2014. Rex said a clerical error caused its contest to be filed two days late, and the Secretary did not oppose reopening…

June 22, 2015 ·FMSHRC
Remanded
COMM

L.M. and U.S. Postal Service, Post Office, Petaluma, CA

L.M. (ECAB 15-0854): Emotional condition claim denial upheld

L.M., a Postal Service distribution clerk, sought compensation for an emotional condition she attributed to leave disputes, alleged supervisor harassment, and conditions at work. The Board found that she had not shown error or abuse in the handling of her leave or job bid. It also found that the…

June 22, 2015 ·ECAB
Affirmed
COMM

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

J.W. (ECAB 15-0748): Request to reopen shoulder claim denied

J.W., a former Postal Service clerk, sought to reopen her denied right shoulder injury claim. She submitted coworker statements describing her work duties, but the Board said those duties had already been accepted as factual. The remaining issue was medical causation, and the new statements did not…

June 22, 2015 ·ECAB
Affirmed
COMM

N.M. and Department of the Air Force, Headquarters Air Force Space Command, Randolph Air Force Base, TX

N.M. (ECAB 15-0704): Injury claim denied after child lifting incident

N.M., an Air Force child development technician, reported a right shoulder and lower back strain after lifting a child during a fire drill. OWCP accepted that the incident occurred but denied the injury claim. The Board found that her physician had not explained how the lift caused the diagnosed…

June 22, 2015 ·ECAB
Affirmed
COMM

J.F. and Department of the Navy, Shipbuilding, Conversion & Repair, Pascagula, MS

J.F. (ECAB 15-0646): Hearing loss claim returned for another medical opinion

J.F., a Navy quality assurance specialist, claimed that noise at work contributed to his hearing loss. OWCP denied the claim after obtaining opinions from two physicians. The Board found one opinion equivocal about whether earlier federal noise exposure aggravated the hearing loss, while the other…

June 22, 2015 ·ECAB
Remanded
COMM

S.W. and U.S. Postal Service, Post Office, Sutter Creek, CA

S.W. (ECAB 15-0598): Wage capacity reduction upheld, calculation returned

S.W., a former Postal Service rural carrier with accepted arm conditions, received wage loss compensation. OWCP reduced her benefits based on the wages it said she could earn as a surveillance system monitor. The Board found that the job fit her medical restrictions and was reasonably available…

June 22, 2015 ·ECAB
Mixed result
COMM

G.B. and Department of the Army, Corps of Engineers, Rogue River Basin Project, Trail, OR

G.B. (ECAB 14-1241): Termination of back injury benefits upheld

G.B., a former Army Corps of Engineers maintenance worker, had accepted back injuries from 1989 and 1990. OWCP terminated his benefits after a second opinion physician concluded that the accepted conditions had resolved. The Board found the physician’s examination, record review, and explanation…

June 22, 2015 ·ECAB
Affirmed
ALJ

Cooper T. Smith, Inc.

Unsafe cargo-hold access violation affirmed

Cooper T. Smith loaded large sacks from a ship into a barge on the Mississippi River near Darrow, Louisiana. Employees entered the 12-to-14-foot-deep hold by climbing stacked sacks weighing one to two tons instead of using the available extension ladder. A sack shifted while an employee descended…

June 22, 2015 ·Heather A. Joys ·OSHRC
Citations affirmed
COMM

G.G. and U.S. Postal Service, Post Office, Boston, MA

G.G. (ECAB 14-0359): Shoulder impairment award returned for medical review

G.G., a Postal Service letter carrier, received an award for seven percent permanent impairment of his right arm after an accepted shoulder injury and surgery. His treating physician rated the impairment at 22 percent by combining ratings for several shoulder conditions. The impartial examiner…

June 22, 2015 ·ECAB
Remanded
ALJ

Mahle Engine Components USA, Inc.

Three lead-standard items vacated for insufficient proof

Mahle Engine Components produced lead-coated steel for automotive parts at its McConnelsville, Ohio facility. OSHA alleged deficient lead housekeeping in a break room, an unclean change room, and failures to provide six-month blood-lead monitoring to certain employees. The judge found the…

June 22, 2015 ·Keith E. Bell ·OSHRC
Citations vacated
COMM

C.H. and Department of the Army, Joint Munitions & Lethality Command, Richmond, KY

C.H. (ECAB 15-0799): Dual benefit overpayment and waiver denial upheld

C.H., an Army explosives operator with an accepted shoulder injury, received both federal injury compensation and Social Security benefits attributable to federal service. OWCP found that the overlapping benefits created a $5,199.75 overpayment from January 2013 through September 2014. The Board…

June 19, 2015 ·ECAB
Affirmed
COMM

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

M.H. (ECAB 15-0774): Late hearing request denial upheld

M.H., an Army equipment repairer, sought review after OWCP denied his claim for a work-related hand condition. He submitted his hearing request on July 31, 2014, one day after the 30-day deadline following the claim decision. The Board found that he had no right to a hearing after that deadline and…

June 19, 2015 ·ECAB
Affirmed
COMM

W.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Butler, PA

W.F. (ECAB 15-0722): Request to reopen bus injury claim denied

W.F., a VA motor vehicle operator, claimed neck and back injuries after driving a bus on a bumpy road. OWCP had denied the claim, and he sought reconsideration with another report from his physician. The Board found that the report repeated diagnoses and a causal opinion already considered, without…

June 19, 2015 ·ECAB
Affirmed
COMM

E.T. and Department of Homeland Security, Transportation Security Administration, San Jose, CA

E.T. (ECAB 15-0687): Back condition claim denial upheld

E.T., a Transportation Security Administration officer, claimed that lifting luggage at work caused or aggravated a back condition. OWCP accepted the described work factors but denied the claim for lack of medical proof of causation. The Board found that the submitted reports diagnosed conditions…

June 19, 2015 ·ECAB
Affirmed
COMM

P.M. and Department of the Army, Tobyhanna Army Depot, Tobyhanna, PA

P.M. (ECAB 15-0505): Back injury claim denial upheld

P.M., an Army electronics mechanic, felt lower back pain while bending to remove a battery at work. OWCP accepted that the incident occurred but denied the injury claim. The Board found that his physicians described the incident and diagnosed back conditions without explaining how the movement…

June 19, 2015 ·ECAB
Affirmed
COMM

G.O. and U.S. Postal Service, Post Office, Cabo Rojo, PR

G.O. (ECAB 15-0450): Postal worker’s claim returned for full merits review

G.O., a Postal Service letter carrier, claimed physical injuries from repetitive duties and an emotional condition. OWCP addressed asserted sources of emotional stress but did not decide whether his regular duties caused physical injuries. On reconsideration, his counsel raised that omission. The…

June 19, 2015 ·ECAB
Remanded
COMM

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

S.W. (ECAB 15-0396): Claimed fall on wet steps not established

S.W., a Postal Service city carrier assistant, reported slipping on wet steps while delivering mail. OWCP denied her injury claim because the record did not establish the incident as alleged. The Board found that she had not identified the building, described the fall in detail, or supplied…

June 19, 2015 ·ECAB
Affirmed
COMM

A.D. and Department of the Interior, San Juan National Historic Site, San Juan, PR

A.D. (ECAB 15-0178): Refusal to reopen benefit suspension upheld

A.D., a mason helper at a National Historic Site in Puerto Rico, had benefits suspended after missing a second opinion examination scheduled in Florida. He sought reconsideration, saying he lacked the means to buy a plane ticket and asking for an examination in Puerto Rico. The Board found that…

June 19, 2015 ·ECAB
Affirmed
COMM

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

C.V. (ECAB 14-1572): Termination for refusing modified work reversed

C.V., a Postal Service clerk with accepted knee, hand, and wrist injuries, declined a modified job offer. OWCP terminated her monetary compensation on the ground that she refused suitable work. Her counsel’s response challenging the offer arrived on the same day as the termination decision, and…

June 19, 2015 ·ECAB
Vacated
ALJ

Pocahontas Coal Company, LLC v. Secretary of Labor

Reconsideration denied and factual POV discovery ordered

Pocahontas Coal sought facts showing how MSHA selected and grouped 42 enforcement actions in a pattern-of-violations notice. The Secretary asked the Judge to reconsider and stay an earlier discovery order, arguing that internal deliberations were privileged and that the pattern decision received…

June 18, 2015 ·Margaret A. Miller ·FMSHRC
Procedural
COMM

Secretary of Labor v. Commonwealth Mining, LLC

Late reopening request denied after paid assessment

Commonwealth Mining paid a proposed penalty assessment in August 2012, and the assessment became a final Commission order later that month. The company said it had previously requested an MSHA conference and mistakenly assumed that denial of the conference ended its right to contest the violations…

June 18, 2015 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Jim Walter Resources, Inc.

One-day-late penalty contests reopened

Jim Walter Resources received two proposed penalty assessments on July 11, 2014. The company said a mail-processing error led it to believe the contest deadline was two days later than the date recorded by MSHA, causing it to miss the actual deadline by one day. The Secretary did not oppose…

June 18, 2015 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Four Corners Materials

Four-year-delayed reopening request denied

Four Corners Materials said it mailed a timely penalty contest in March 2009 but used the wrong case number. By August 2009, the company knew that the assessment had become final, and MSHA had also sent a delinquency notice in June. The debt was referred for Treasury collection and was paid through…

June 18, 2015 ·FMSHRC
Procedural
COMM

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

M.O. (ECAB 15-0850): Parcel sorting back injury claim denied

M.O., a Postal Service sales and service associate, reported back pain while sorting and lifting parcels at work. OWCP accepted that the described work activities occurred but denied the injury claim. The Board found that his physician diagnosed a lumbar strain without explaining how the parcel…

June 18, 2015 ·ECAB
Affirmed
COMM

C.F. and Department of the Army, Tank-Automotive & Armaments Command, Fort Benning, GA

C.F. (ECAB 15-0738): Fall injury claim denied for lack of medical opinion

C.F., an Army tools and parts attendant, fell after tripping over a pallet at work and reported ankle and tailbone injuries. OWCP accepted the fall but denied the injury claim. The Board found that the record lacked a physician’s reasoned opinion connecting a diagnosed condition to the fall; the…

June 18, 2015 ·ECAB
Affirmed
COMM

M.B. and Department of Defense, Defense Logistics Agency, New Cumberland, PA

M.B. (ECAB 15-0700): Forklift injury benefits termination upheld

M.B., a Defense Logistics Agency distribution worker, received benefits for a lumbar sprain after a forklift incident. OWCP terminated the benefits after an impartial medical examiner concluded that the accepted sprain had resolved and that other lumbar conditions were unrelated to work. The Board…

June 18, 2015 ·ECAB
Affirmed
COMM

K.M. and U.S. Postal Service, Post Office, Meadville, PA

K.M. (ECAB 15-0533): Cervical injury claim denial upheld

K.M., a Postal Service rural carrier associate, claimed that lifting mail, twisting, and driving on her route caused a cervical disc injury. OWCP accepted those activities but denied the claim. Her physician diagnosed a disc herniation but said he could only speculate that a work maneuver caused…

June 18, 2015 ·ECAB
Affirmed
COMM

A.B. and Department of Homeland Security, Transportation Security Administration, O’Hare International Airport, Chicago, IL

A.B. (ECAB 15-0531): Late reconsideration request denied

A.B., a Transportation Security Administration screener, had received benefits for an accepted shoulder injury and depression. OWCP later terminated the benefits, and he sought reconsideration after the one-year filing period. The Board found his request untimely and concluded that his statements…

June 18, 2015 ·ECAB
Affirmed
COMM

M.W. and Department of the Navy, Supply Department, Cherry Point, NC

M.W. (ECAB 15-0507): Compensation suspension for missing form upheld

M.W., a former Navy supply clerk receiving benefits for an accepted back condition, was asked to complete an earnings and work activity affidavit on Form CA-1032. OWCP sent the request to her address of record and warned that benefits would be suspended if she did not respond within 30 days. The…

June 18, 2015 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, New Orleans, LA

J.B. (ECAB 15-0391): Schedule award denial upheld

J.B., a Postal Service tractor trailer operator, had accepted neck and back sprains after a work-related vehicle collision. He requested a schedule award for permanent impairment. The Board found that his physician’s surgical reports contained no impairment rating or findings sufficient to evaluate…

June 18, 2015 ·ECAB
Affirmed
COMM

P.S. and Department of Homeland Security, Emergency Preparedness & Response, Washington, DC

P.S. (ECAB 15-0199): Fall claim merit review denied

P.S., a Homeland Security human resources specialist, sought reconsideration after OWCP denied her claim for an injury from a reported workplace fall. She described continuing symptoms and said she was trying to obtain a physician’s diagnosis. The Board found that the reconsideration record…

June 18, 2015 ·ECAB
Affirmed
COMM

E.M. and Department of Labor, Wage & Hour Division, Dallas, TX

E.M. (ECAB 14-1520): Wage loss claim denied despite accepted injury

E.M., a Department of Labor compensation specialist, had an accepted neck sprain and right shoulder bursitis after striking a file cabinet at work. She sought wage loss compensation for a period ending in May 2013. The Board credited an OWCP referral physician’s opinion that she could perform her…

June 18, 2015 ·ECAB
Affirmed
COMM

United States Department of Transportation, Federal Aviation Administration, Flight Standards Service, 220 and 230 Branches, Northwest Mountain Region, Renton, Washington (Agency) and Professional Aviation Safety Specialists (Union/Petitioner)

FAA Flight Standards Service and PASS (FLRA DE-RP-14-0020): Late election appeal remains dismissed

A regional director ordered a representation election for employees in two Federal Aviation Administration branches. The agency filed its application for Authority review three days late, then missed a separate deadline requiring its explanation to be received by the Authority. The Authority…

June 17, 2015 ·FLRA
Procedural
COMM

J.T. and Tennessee Valley Authority, Watts Bar Nuclear Plant, Spring Hill, TN

J.T. (ECAB 15-0910): Eleven percent hearing loss award upheld

J.T., a Tennessee Valley Authority machinist and welder, had accepted hearing loss from workplace noise. OWCP awarded 22 weeks of compensation based on an 11 percent loss in both ears. The Board reviewed the audiometric calculation and found that this award exceeded the compensation available from…

June 17, 2015 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, Oakland, CA

J.H. (ECAB 15-0835): Back strain claim denial upheld

J.H., a Postal Service letter carrier, claimed back pain from repeated bending and lifting on his route. His physician diagnosed scapular and lumbar muscle strains, but her report described lifting rather than the bending he reported and did not explain how either activity caused the strains. The…

June 17, 2015 ·ECAB
Affirmed
COMM

T.D. and U.S. Postal Service, Processing Distribution Center, New York, NY

T.D. (ECAB 15-0793): Thumb injury claim denial upheld

T.D., a Postal Service mail handler, reported that a metal bar from a postal container fell on her left thumb. OWCP accepted the incident but denied the injury claim. Imaging showed a partial ligament tear, yet the Board found that her physician’s checked box and statement that the injury could be…

June 17, 2015 ·ECAB
Affirmed
COMM

S.H. and Department of the Air Force, Air University, Maxwell Air Force Base, AL

S.H. (ECAB 15-0681): Late reconsideration of anxiety claim denied

S.H., a former Air Force clerk typist, sought reconsideration of a 1990 denial of an anxiety condition claim. She submitted documents concerning a proposed removal action that became a 60-day suspension. The Board found that the 2014 request came more than 24 years after the 1990 denial and was…

June 17, 2015 ·ECAB
Affirmed
COMM

M.B. and U.S. Postal Service, Post Office, Mineola, NY

M.B. (ECAB 15-0528): Foot condition claim denial upheld

M.B., a Postal Service carrier with diabetes, claimed that walking, carrying parcels, and entering and leaving his truck contributed to a serious right foot condition. His doctors discussed the effects of diabetes and work activity, but the Board found that their reports did not adequately explain…

June 17, 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.