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

Delek Refining, Ltd.

Four refinery safety items affirmed and two vacated

OSHA cited six conditions at Delek's Texas oil refinery under the process safety management, machine guarding, and hazard communication standards. The Commission affirmed PSM items for failing to resolve process-hazard-analysis and audit findings inherited from the prior owner, holding that the…

April 23, 2015 ·OSHRC
Mixed result
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Ray Brook, Ray Brook, New York (Respondent/Agency) and American Federation of Government Employees, Local 3882 (Charging Party/Union)

FCI Ray Brook and AFGE Local 3882 (FLRA BN-CA-10-0552): Information order narrowed to exclude contingency plans

After violent incidents and lockdowns at FCI Ray Brook, AFGE Local 3882 requested records to assess whether prison management had addressed risks to employees. The agency withheld the requested information, and an administrative law judge found an unfair labor practice. The Authority agreed that…

April 22, 2015 ·FLRA
Modified
COMM

S.M. and U.S. Postal Service, Post Office, Cleveland, OH

S.M. (ECAB 15-0582): Left knee occupational disease claim denied

S.M., a Postal Service clerk, claimed that his work caused or worsened a left knee condition. His physician documented a meniscus tear and other knee findings but did not give a reasoned explanation linking them to the claimed work factors. The Board found the medical evidence insufficient to…

April 22, 2015 ·ECAB
Affirmed
COMM

R.S. and Department of Justice, Bureau of Prisons, Marion, IL

R.S. (ECAB 15-0575): Neck and arm occupational disease claim denied

R.S., a Bureau of Prisons case manager, claimed neck symptoms, headaches, and arm and hand numbness from work duties. OWCP accepted the described duties, but the Board found no qualifying medical opinion adequately linking them to the claimed conditions. A chiropractor’s reports did not establish a…

April 22, 2015 ·ECAB
Affirmed
COMM

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

A.A. (ECAB 15-0540): Reconsideration request received one day late

A.A., a Postal Service employee, sought reconsideration of a denied wage-loss claim. The one-year deadline moved to May 27, 2014 because its ordinary last day fell on a weekend followed by a holiday, but OWCP received his request on May 28. The Board found that his account of hardship and belief…

April 22, 2015 ·ECAB
Affirmed
COMM

J.D. and U.S. Postal Service, Post Office, Youngstown, OH

J.D. (ECAB 15-0309): Spinal surgery and recurrence issues returned for medical review

J.D., a Postal Service employee with injuries accepted after a 2003 vehicle accident, sought approval for cervical surgery and compensation for renewed disability. His treating physician attributed the later cervical disease and disability to the accident, while OWCP’s referral physician disagreed…

April 22, 2015 ·ECAB
Remanded
COMM

G.A. and Department of Veterans Affairs, Veterans Administration Medical Center, East Orange, NJ

G.A. (ECAB 15-0120): Back disability recurrence denied

G.A., a Department of Veterans Affairs employee, claimed renewed disability from a previously accepted work injury beginning in March 2011. Her medical reports diagnosed back conditions but did not give a reasoned explanation that the accepted injury had changed and caused the new work disability…

April 22, 2015 ·ECAB
Affirmed
COMM

E.E. and U.S. Postal Service, Post Office, Houston, TX

E.E. (ECAB 14-1908): Overpayment upheld; waiver returned for asset findings

E.E., a Postal Service employee, received $5,246.27 too much in compensation because OWCP used an incorrect pay rate. The Board upheld the existence and amount of the overpayment and affirmed denial of a late prerecoupment hearing request. It found that OWCP had not documented the fair market value…

April 22, 2015 ·ECAB
Mixed result
COMM

American Federation of Government Employees, Local 2192, AFL-CIO (Respondent) and Janice M. Tribbett, An Individual (Charging Party)

AFGE Local 2192 and Janice Tribbett (FLRA DE-CO-11-0278): Union must refund dues after cancellation

A VA employee sent her union a form cancelling payroll deductions for union dues on the anniversary date allowed by the labor agreement. The union did not process the form and continued to receive dues from her pay. An FLRA judge found that she had submitted the form on time by acceptable methods…

April 21, 2015 ·FLRA
Upheld
COMM

James A. Minich v. Keystone Coal Mining Corporation

Minich v. Keystone Coal Mining (BRB 13-0544): black lung award returned for rebuttal findings

James Minich had 29 years of underground coal mine work and a totally disabling respiratory impairment. Those facts triggered a presumption that his disability was due to pneumoconiosis. An administrative law judge awarded benefits, finding that Keystone Coal had not rebutted the presumption. The…

April 21, 2015 ·BRB
Remanded
COMM

J.T. and Department of the Army, U.S. Army Medical Command, Fort Hood, TX

J.T. (ECAB 15-0527): Refusal to reopen occupational disease claim affirmed

J.T., an Army employee, asked OWCP to reopen an occupational disease claim. She supplied a physical therapist’s note about a thumb brace, but the underlying denial concerned whether she had established a work factor that caused or aggravated her condition. The Board found the note did not address…

April 21, 2015 ·ECAB
Affirmed
COMM

M.C. and Department of the Interior, Fish & Wildlife Service, Elkins, WV

M.C. (ECAB 15-0479): Returned decision made reconsideration request timely

M.C. requested reconsideration of an OWCP decision concerning expansion of her accepted conditions. Although OWCP had mailed the decision to the correct address, it was returned as undeliverable and resent months later. The Board found that the returned envelope rebutted presumed delivery and that…

April 21, 2015 ·ECAB
Remanded
COMM

M.G. and U.S. Marine Corps, Air Station, Cherry Point, NC

M.G. (ECAB 15-0477): Long-distance medical travel reimbursement denied

M.G., a Marine Corps employee, sought reimbursement for roughly 335 miles of travel to his treating physician. OWCP generally allowed up to 100 miles round trip without a showing of special circumstances. The Board found no evidence explaining why the longer trip was medically necessary or why…

April 21, 2015 ·ECAB
Affirmed
COMM

M.T. and Department of the Navy, Naval Air Station, Point Mugu, CA

M.T. (ECAB 15-0427): Back injury claim denied despite accepted lifting incident

M.T., a Navy firefighter, reported back pain after moving heavy furniture and trash from a trailer. OWCP accepted that the incident occurred. The Board found that the physician reports either did not discuss causation or did not explain how the event aggravated his prior lumbar fusion area. It…

April 21, 2015 ·ECAB
Affirmed
COMM

K.D. and U.S. Postal Service, Post Office, Casper, WY

K.D. (ECAB 15-0395): Package-lifting claim denied with incident finding corrected

K.D., a Postal Service carrier assistant, reported back pain after lifting a package in his delivery vehicle. OWCP had rejected the incident, but the Board found his account consistent with prompt medical treatment and accepted that it occurred. The medical reports did not diagnose and explain an…

April 21, 2015 ·ECAB
Modified
COMM

J.K. and Department of the Army, Army Material Command, Chambersburg, PA

J.K. (ECAB 14-2058): Arm impairment award returned for reasoned evaluation

J.K., an Army equipment repairer, sought an additional schedule award for accepted left carpal tunnel syndrome. OWCP denied the request because earlier awards for other left arm conditions totaled 11 percent, without analyzing a second-opinion report on his current impairment. The Board found that…

April 21, 2015 ·ECAB
Remanded
COMM

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

M.B. (ECAB 14-0152): Door-opening incident proved, but back claim denied

M.B., a Department of Veterans Affairs employee, claimed a back injury while opening a door at work. OWCP had denied the claim because it found the incident unproved. The Board found that contemporaneous medical and employer records established the event. It nevertheless affirmed denial as modified…

April 21, 2015 ·ECAB
Modified
COMM

R.S. and U.S. Postal Service, Post Office, Kansas City, MO

R.S. (ECAB 15-0564): Late oral hearing request denied

R.S., a Postal Service employee, requested an oral hearing about a denied schedule award nearly a year after OWCP’s decision. The Board found that the request missed the 30-day deadline for a hearing as of right. It also found that OWCP reasonably declined to grant a discretionary hearing. It…

April 20, 2015 ·ECAB
Affirmed
COMM

C.S. and Department of the Air Force, Oklahoma City OK-OCAMA, Randolph Air Force Base, TX

C.S. (ECAB 15-0484): Late reconsideration request denied

C.S., an Air Force employee, sought reconsideration of an occupational disease claim denial. OWCP received his request more than one year after its last merit decision. The Board found that his submissions did not establish clear evidence of error in that denial. It affirmed OWCP’s refusal to…

April 20, 2015 ·ECAB
Affirmed
COMM

T.L. and Department of Veterans Affairs, Veterans Benefits Administration, Buffalo, NY

T.L. (ECAB 15-0466): Occupational disease claim not reopened

T.L., a Department of Veterans Affairs employee, requested reconsideration after OWCP denied her occupational disease claim for lack of a medical causal link. The Board found that her request offered no new relevant medical evidence or legal argument addressing that gap. It affirmed OWCP’s refusal…

April 20, 2015 ·ECAB
Affirmed
COMM

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

R.D. (ECAB 15-0455): Slip on steps claim denied for insufficient medical link

R.D., a Postal Service employee, slipped on steps while delivering a package and claimed a right knee injury. OWCP accepted the incident, and imaging confirmed a meniscal tear. The Board found that her physician did not adequately explain how the slip caused or aggravated the diagnosed conditions…

April 20, 2015 ·ECAB
Affirmed
COMM

S.M. and U.S. Air Force, Robins Air Force Base, Forest Park, IL

S.M. (ECAB 15-0426): Late reconsideration of disability denial rejected

S.M., an Air Force employee, asked OWCP to reconsider an older denial of disability compensation after the one-year deadline. He argued that OWCP had failed to follow rules for refusal of suitable work. The Board found that the earlier decision had addressed failure to prove disability and…

April 20, 2015 ·ECAB
Affirmed
COMM

A.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Oakland, CA

A.S. (ECAB 15-0028): Two workplace stress claims denied

A.S., a Department of Veterans Affairs employee, filed an occupational disease claim and a separate traumatic injury claim for stress-related conditions. He attributed them to workplace management actions, interpersonal exchanges, and alleged harassment. The Board found no established error or…

April 20, 2015 ·ECAB
Affirmed
COMM

M.S. and Department of Justice, U.S. Marshals Service, Alexandria, VA

M.S. (ECAB 14-1925): Spinal surgery leave buyback denied

M.S., a U.S. Marshals Service employee with accepted spinal conditions, sought wage-loss compensation through leave buyback for November 2013 through early January 2014. His physicians documented surgery and his conditions but did not adequately explain total work disability for the specific…

April 20, 2015 ·ECAB
Affirmed
COMM

C.G. and U.S. Postal Service, Post Office, Fredericksburg, VA

C.G. (ECAB 14-1727): Overpayment and fault finding affirmed

C.G., a Postal Service employee, received $6,872 in total disability payments after returning to full-time modified work. The Board found that the payments were incorrect for the stated period. It also found that she knew or should have known the total disability checks were wrong after her return…

April 20, 2015 ·ECAB
Affirmed
COMM

R.S. and U.S. Postal Service, Post Office, Cleveland, OH

R.S. (ECAB 14-1426): Prior wage capacity finding left in place

R.S., a Postal Service employee, sought to modify an earlier wage-earning capacity determination after a later temporary supervisory assignment ended. The Board found that her longstanding modified carrier position had been a genuine job and that the evidence did not show a material worsening of an…

April 20, 2015 ·ECAB
Affirmed
ALJ

Turpin, Inc.

Unprotected excavation violation reduced from willful to serious

A newly hired Turpin employee entered an 8.7-foot excavation in unstable soil to mark grade points before a trench box was installed. The judge found constructive employer knowledge because Turpin rarely inspected jobsites, inadequately trained workers, and showed no credible system for monitoring…

April 20, 2015 ·Heather A. Joys ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 511 (Union) and United States Department of Homeland Security, Immigration and Customs Enforcement, Office of Financial Management (Agency)

AFGE Local 511 and ICE Financial Management (FLRA 0-AR-4999): Three-day suspension upheld

ICE suspended an accountant for three days after he did not provide a requested doctor's note within the deadline set by his supervisor. An arbitrator rejected the union's challenge to the suspension. The union argued that the agency waited too long to issue the suspension and that the delay…

April 20, 2015 ·FLRA
Upheld
ALJ

Shamokin Filler Company, Inc. v. Secretary of Labor and Secretary of Labor v. Shamokin Filler Company, Inc. and Secretary of Labor v. William Rosini, employed by Shamokin Filler Company, Inc.

Shamokin Filler Company, Inc. v. Secretary of Labor, et al. (FMSHRC PENN 2011-129-M, et al.): Jurisdiction stay lifted and $70,900 ordered paid

A 2012 final decision resolving dozens of Shamokin Filler contest and penalty proceedings was stayed while the company challenged MSHA's jurisdiction over its carbon plant. After the Third Circuit affirmed jurisdiction and the Supreme Court denied review, Judge John Kent Lewis lifted the stay. He…

April 17, 2015 ·John Kent Lewis ·FMSHRC
Procedural
COMM

Secretary of Labor v. The American Coal Company

Operator's appeal dismissed and safeguard issues remanded

The Commission had granted American Coal's petition to review proceedings covering more than 70 citations and then stayed briefing. American Coal later moved without opposition to dismiss its appeal, agreed to pay penalties consistent with three 2011 ALJ decisions, and said it had agreed to resolve…

April 17, 2015 ·FMSHRC
Remanded
COMM

Matter of Ulices MONTIEL, Respondent

Matter of Ulices MONTIEL (BIA ID 3834): proceedings may be administratively closed during a direct criminal appeal

The Board considered a joint request to administratively close removal proceedings while the respondent pursued a direct appeal of the criminal conviction underlying the removal charge. The respondent, a lawful permanent resident from Mexico, had been convicted of unlawfully transporting aliens and…

April 17, 2015 ·BIA
Procedural
COMM

T.D. and U.S. Postal Service, Post Office, Clarkson, KY

T.D. (ECAB 15-0388): Wage loss after accepted vehicle injury denied

T.D., a Postal Service employee with accepted neck and head injuries from a work-related vehicle accident, sought wage-loss compensation for almost two years. The Board found that her chiropractor’s reports did not qualify as physician evidence under FECA without x-ray proof of spinal subluxation…

April 17, 2015 ·ECAB
Affirmed
COMM

D.R. and Department of the Interior, Bureau of Reclamation, Truth or Consequences, NM

D.R. (ECAB 15-0379): Knee occupational disease claim denied

D.R., a Bureau of Reclamation repair worker, linked a knee condition to climbing, kneeling, walking, and other job activities. OWCP did not dispute that he performed those tasks. The Board found that his medical evidence did not adequately connect the diagnosed right knee condition to the work…

April 17, 2015 ·ECAB
Affirmed
COMM

R.B. and Department of Labor, Office of Workers’ Compensation Programs, Lakewood, CO

R.B. (ECAB 15-0323): Exposure claim not reopened

R.B., a Department of Labor employee, asked OWCP to reconsider an occupational disease denial based on alleged workplace irritants. Her legal argument concerned a different case where exposure was established, while her own record still lacked objective proof of the claimed exposure. The new…

April 17, 2015 ·ECAB
Affirmed
COMM

D.L. and Department of Agriculture, Bighorn National Forest, Sheridan, WY

D.L. (ECAB 15-0158): Diagnosed back condition found, but work link lacking

D.L., a Department of Agriculture employee, claimed that work duties caused a lumbar condition. OWCP had found no medical diagnosis, but the Board identified physician reports diagnosing spinal disease. It nevertheless found that none of the physicians adequately connected a diagnosed condition to…

April 17, 2015 ·ECAB
Modified
COMM

J.S. and Tennessee Valley Authority, Shawnee Steam Plant, Chattanooga, TN

J.S. (ECAB 14-1980): Hearing loss claim returned for merit review

J.S., a Tennessee Valley Authority worker, made a late request to reconsider denial of his hearing loss claim. The Board found clear evidence of error because OWCP denied the claim before obtaining requested employer audiograms and noise-exposure records that later arrived. Those records…

April 17, 2015 ·ECAB
Remanded
COMM

C.L. and Department of Commerce, U.S. Census, Regional Office, Deer Park, WA

C.L. (ECAB 14-1804, 15-0314): Reopening refusal and disability denial affirmed

C.L., a part-time Census employee with accepted injuries from a work-related vehicle accident, brought two appeals decided together. The Board found that her reconsideration request did not warrant reopening one claim for merit review. It also found no medical evidence that she could not perform…

April 17, 2015 ·ECAB
Affirmed
COMM

T.J. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives, Washington, DC

T.J. (ECAB 14-1742): Overpayment and recovery schedule affirmed

T.J., a Department of Justice employee, received a $1,839.54 compensation overpayment without fault on her part. The Board found that she had not documented expenses or circumstances showing that recovery would defeat FECA’s purpose or violate equity and good conscience. It affirmed denial of…

April 17, 2015 ·ECAB
Affirmed
COMM

C.M. and U.S. Postal Service, Post Office, Cincinnati, OH

C.M. (ECAB 14-0981): Termination for refusing offered work reversed

C.M., a Postal Service employee, lost wage-loss compensation after OWCP said he refused suitable modified work. The Board found that OWCP had assessed physical limits but failed to consider medical evidence of an emotional condition that could affect his ability to do the offered night-shift job…

April 17, 2015 ·ECAB
Vacated
COMM

United States Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592

Hill Air Force Base and AFGE Local 1592 (FLRA DE-CA-08-0046): Union representation complaint dismissed

An Air Force employee asked for union representation during an investigative interview by the Air Force Office of Special Investigations, but the investigator denied the request. The FLRA's General Counsel alleged that this violated the employee's representation rights. The Authority held that an…

April 16, 2015 ·FLRA
Upheld
COMM

P.L. and Department of Commerce, Census Bureau, Charlotte, NC

P.L. (ECAB 15-0452): Recurrence claim not reopened

P.L., a Census Bureau clerk, sought to reopen denial of a recurrence claim involving an accepted right knee sprain. Her new physician report referred her for physical therapy but did not address whether her current condition was related to the 2010 work injury. Therapy records and her own…

April 16, 2015 ·ECAB
Affirmed
COMM

R.T. and U.S. Postal Service, Post Office, Las Vegas, NV

R.T. (ECAB 15-0256): Parcel-lifting injury claim denied

R.T., a Postal Service mail processing clerk, claimed that lifting and pitching parcels at work caused shoulder, neck, and upper back conditions. OWCP accepted that the September 6, 2012 work incident occurred. The Board found that his physicians did not explain how that incident caused or…

April 16, 2015 ·ECAB
Affirmed
COMM

D.L. and U.S. Postal Service, Post Office, Corpus Christi, TX

D.L. (ECAB 15-0118): Emotional-condition claim denied

D.L., a Postal Service letter carrier, attributed an emotional condition to alleged harassment and personnel actions. The Board found that his evidence did not establish harassment, error, or abuse in the disputed administrative actions. Because he had not established a compensable employment…

April 16, 2015 ·ECAB
Affirmed
COMM

C.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Lexington, KY

C.H. (ECAB 15-0109): Additional right arm impairment award denied

C.H., a Veterans Affairs employee, sought a schedule award beyond the 20 percent right upper extremity impairment already awarded. One physician did not quantify her sensory loss, and a later four percent rating did not explain its use of the required impairment guide. Other reports offered no…

April 16, 2015 ·ECAB
Affirmed
COMM

M.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Tacoma, WA

M.G. (ECAB 14-1538): Overwork claim returned for medical review

M.G., a Veterans Affairs medical technologist, claimed that her work caused an emotional condition. Her supervisor’s correspondence and other records supported her account of carrying both lead technologist and quality control duties amid short staffing. The Board found that overwork was a…

April 16, 2015 ·ECAB
Remanded
COMM

H.F. and U.S. Postal Service, Post Office, Birmingham, AL

H.F. (ECAB 14-1407): Termination of back injury benefits upheld

H.F., a Postal Service letter carrier, received benefits for an accepted lumbar sprain after lifting a tub of mail. The Board found that medical evidence supported OWCP’s conclusion that the accepted sprain had resolved by August 22, 2012. Later reports discussed degenerative back disease but did…

April 16, 2015 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 916 (Union) and United States Department of the Air Force, Tinker Air Force Base, Oklahoma (Agency)

AFGE Local 916 and Tinker Air Force Base (FLRA 0-AR-5070): Sick leave denial upheld for scheduled insurance examination

An Air Force employee requested leave for a medical examination related to an insurance policy. His supervisor denied the request because a time-sensitive project required the employee at work that day, but the employee went to the examination and was charged with eight hours of absence without…

April 16, 2015 ·FLRA
Upheld
COMM

L.M. and U.S. Postal Service, Spring Valley Station, Las Vegas, NV

L.M. (ECAB 15-0439): Mail-lifting injury claim not reopened

L.M., a Postal Service supervisor, sought reconsideration of a denied claim involving back and leg symptoms after lifting mail trays and tubs. She characterized her own reading of existing medical evidence as a new legal argument but submitted no new evidence. The Board found that her request did…

April 15, 2015 ·ECAB
Affirmed
COMM

B.G. and U.S. Postal Service, Post Office, South Plainfield, NJ

B.G. (ECAB 15-0399): Late reconsideration request denied

B.G., a Postal Service employee, asked OWCP to reconsider denial of a back injury claim. OWCP received her request more than a year after the merit decision, and her new medical opinion did not explain how stepping from a postal vehicle aggravated her condition. The Board found that the request was…

April 15, 2015 ·ECAB
Affirmed
COMM

B.H. and U.S. Senate, Office of the Sergeant at Arms, Washington, DC

B.H. (ECAB 15-0350): Chemical-exposure heart claim returned for development

B.H., a Senate printing specialist, claimed that workplace chemical exposure caused or worsened a heart condition. OWCP had sought a medical opinion, but its statement of accepted facts omitted the specific chemicals and the physician’s negative opinion did not adequately address the exposure…

April 15, 2015 ·ECAB
Remanded
COMM

N.L. and Department of the Navy, Naval Air Systems Command, China Lake, CA

N.L. (ECAB 15-0306): Additional ankle and foot conditions not established

N.L., a Navy employee, had accepted left ankle and knee injuries from an August 2010 work incident. She asked OWCP to add plantar fasciitis, tendon dysfunction, and reflex sympathetic dystrophy to her claim. The Board found that her physician described these links as likely but did not give a…

April 15, 2015 ·ECAB
Affirmed
COMM

S.L., widow of J.L., and Department of Homeland Security, Customs & Border Protection, Los Angeles International Airport, Los Angeles, CA

S.L., widow of J.L., (ECAB 15-0087): Survivor claim denied for lack of established work factor

S.L. sought survivor benefits after her husband, a Customs and Border Protection officer, died following a heart attack. She attributed his stress to workplace harassment, investigations, and overwork. The Board found that the evidence did not establish the alleged overwork or harassment, or error…

April 15, 2015 ·ECAB
Affirmed
COMM

D.K. and U.S. Postal Service, Post Office, Keyport, NJ

D.K. (ECAB 14-0933, 15-0092): Recurrence claim remanded; examination suspension upheld

D.K., a Postal Service employee, brought two appeals decided together. In one claim, the Board found that an impartial physician had not explained his conclusions about her claimed recurrence of disability and lumbar condition. It sent that claim back for a new impartial medical opinion. In the…

April 15, 2015 ·ECAB
Mixed result
COMM

American Federation of Government Employees, Council of Prison Locals C-33, Local 720 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Terre Haute, Indiana (Agency)

AFGE Local 720 and FCC Terre Haute (FLRA 0-AR-5063): Backpay denied for utility operators

Five utility operators at the Terre Haute federal prison sought retroactive pay at a higher grade. An arbitrator found that they should have received the higher grade before their supervisor retired, but denied backpay because he found no violation of law or the parties' agreement. The union…

April 15, 2015 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3740 and United States Department of the Treasury, U.S. Mint, West Point, New York

AFGE Local 3740 and West Point Mint (FLRA 0-AR-5061): Firearms training suspension upheld

The U.S. Mint suspended a training officer for ten days after finding that firearms instructors at its West Point facility had trained without required timers, barricades, and techniques. An arbitrator denied the union's grievance and upheld the suspension under the parties' agreement. The…

April 15, 2015 ·FLRA
Upheld
COMM

International Brotherhood of Electrical Workers, Local 2219 (Union) and United States Department of the Army, Army Corps of Engineers , Little Rock District, Little Rock, Arkansas (Agency)

IBEW Local 2219 and Little Rock Corps of Engineers (FLRA 0-AR-5053): Sunday premium pay upheld, fees returned

The Army Corps of Engineers capped Sunday premium pay at eight hours for employees on compressed schedules. An arbitrator ordered the agency to pay the 25% premium for all qualifying Sunday hours but denied the union's request for attorney fees. The Authority upheld the pay award because 5 U.S.C. §…

April 15, 2015 ·FLRA
Remanded
COMM

M.D. and U.S. Postal Service, Post Office, Lafayette, NJ

M.D. (ECAB 15-0464): Package-lifting injury claim denied for lack of diagnosis

M.D., a Postal Service rural carrier associate, reported hip and buttock pain after carrying a package at work. OWCP accepted the work incident. The Board found that the medical reports described pain, spasms, and sciatica but did not establish a firm diagnosis caused by the incident. It affirmed…

April 14, 2015 ·ECAB
Affirmed
COMM

T.N. and Department of the Army, Anniston Army Depot, Anniston, AL

T.N. (ECAB 15-0440): Reconsideration denial returned for evidence review

T.N., an Army depot employee, challenged OWCP’s refusal to reconsider a claim. The Board found that OWCP had received a packet of documents with his request but incorrectly said that no new evidence had arrived. It set aside the refusal and remanded so OWCP could review the documents and issue a…

April 14, 2015 ·ECAB
Remanded
COMM

D.W. and U.S. Postal Service, Metroplex Facility, Pontiac, MI

D.W. (ECAB 15-0434): Late request to revisit continuation-of-pay denial rejected

D.W., a Postal Service mail handler, had an accepted back injury but was denied continuation of pay because she filed her injury form more than 30 days after the incident. Her reconsideration request reached OWCP more than a year after its merit decision. The Board found that her explanations about…

April 14, 2015 ·ECAB
Affirmed
COMM

L.L. and U.S. Postal Service, Post Office, Kewanee, IL

L.L. (ECAB 15-0364): Heat-related injury claim denied for lack of medical link

L.L., a Postal Service city carrier assistant, claimed injury after working in heat in April 2014. OWCP accepted that the work incident occurred and that medical conditions were diagnosed. The Board found that the hospital reports did not explain how the work caused those conditions, including…

April 14, 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.