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

L.P. and Department of Homeland Security, Transportation Security Administration, Baton Rouge, LA

L.P. (ECAB 15-0355): Luggage-lifting injury claim returned for reasoned decision

L.P., a Transportation Security Administration officer, claimed shoulder and thumb injuries after lifting luggage for screening. OWCP mentioned her medical reports but did not analyze them or adequately describe the alleged injury and how it occurred. The Board found that the denial lacked the…

April 14, 2015 ·ECAB
Remanded
COMM

S.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Durham, NC

S.H. (ECAB 15-0336): Fall-related shoulder and elbow claim denied

S.H., a Veterans Affairs secretary, fell at work and claimed left shoulder and elbow injuries. OWCP accepted that the fall occurred and that conditions were diagnosed. The Board found that her physician did not explain whether the fall caused those conditions, while the nurse practitioner’s notes…

April 14, 2015 ·ECAB
Affirmed
COMM

L.C. and Department of Labor, OWCP Division of Federal Employees’ Compensation, Chicago, IL

L.C. (ECAB 15-0289): Back claim not reopened after broken-chair argument

L.C., a Department of Labor claims examiner, sought to reopen a denied back condition claim that she linked to a broken office chair. Her reconsideration request argued that OWCP should develop the claim further but added no medical evidence addressing whether work caused the condition. The Board…

April 14, 2015 ·ECAB
Affirmed
COMM

R.G. and U.S. Postal Service, Post Office, Newport News, VA

R.G. (ECAB 15-0107): Emotional-condition claim files ordered combined

R.G., a Postal Service letter carrier, appealed denial of an emotional-condition claim. OWCP relied on earlier decisions about related incidents, but the records of those prior claims were not before the Board. The Board found that the files should be combined so all relevant evidence could be…

April 14, 2015 ·ECAB
Remanded
COMM

H.H. and Department of Veterans Affairs, Veterans Health Administration, New York, NY

H.H. (ECAB 14-2079): Traumatic injury claim returned for evidence review

H.H., a Veterans Health Administration employee, appealed denial of a traumatic injury claim. The Board found that OWCP had not reviewed his response to its factual questions, which it received on the day it issued the denial. It set aside the decision and returned the claim so OWCP could consider…

April 14, 2015 ·ECAB
Remanded
COMM

E.O. and Department of the Treasury, Internal Revenue Service, Richmond, VA

E.O. (ECAB 15-0462): Wage-loss claim not reopened

E.O., an Internal Revenue Service employee with several accepted arm and shoulder conditions, sought to reopen denial of wage-loss compensation for a 2012 to 2013 period. Her new medical reports and imaging described later findings but did not address disability during the claimed dates. The Board…

April 13, 2015 ·ECAB
Affirmed
COMM

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

A.K. (ECAB 15-0451): Cervical-condition claim not reopened

A.K., a Postal Service employee, sought reconsideration of a denied cervical-condition claim. Her new report repeated her physician’s earlier diagnosis and recommendation for testing without addressing the missing medical support. The Board found that the report was cumulative and that she offered…

April 13, 2015 ·ECAB
Affirmed
COMM

J.G. and Department of the Interior, National Park Service, San Francisco, CA

J.G. (ECAB 15-0251): Ankle injury wage-loss claim denied

J.G., a National Park Service ranger, sought wage-loss compensation for February 9 through March 11, 2014 after an accepted ankle contusion. His physician said he could perform seated work but did not adequately explain how the accepted injury caused the claimed total disability or related…

April 13, 2015 ·ECAB
Affirmed
COMM

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

A.S. (ECAB 15-0154): Late written-record review request denied

A.S., a Postal Service mail processing clerk, asked for review of a denied foot injury claim on the written record. Her request was postmarked more than 30 days after OWCP issued the denial. The Board found that she had no right to that review after the deadline and that OWCP reasonably declined…

April 13, 2015 ·ECAB
Affirmed
COMM

T.J. and Department of the Treasury, Internal Revenue Service, Richmond, VA

T.J. (ECAB 15-0130): Late door-pulling injury reconsideration denied

T.J., an Internal Revenue Service employee, sought to reopen a denied injury claim involving pain after pulling a door. Her request identifying the decision for reconsideration arrived more than a year after the merit denial. The new physician report did not sufficiently explain how the incident…

April 13, 2015 ·ECAB
Affirmed
COMM

S.C. and U.S. Postal Service, University Station, Dallas, TX

S.C. (ECAB 14-1730): Overpayment upheld; fault finding set aside

S.C., a Postal Service employee, received an erroneous $13,319.36 compensation deposit. The Board agreed that an overpayment existed but found that OWCP had not shown she knew the first incorrect direct deposit was wrong when it reached her account. It set aside the fault finding and sent the claim…

April 13, 2015 ·ECAB
Mixed result
COMM

Matter of Cristoval SILVA-TREVINO, Respondent

Matter of Cristoval SILVA-TREVINO (BIA ID 3833): Attorney General vacates the three-step moral-turpitude framework

The Attorney General reviewed the prior opinion in the removal case of a respondent whose Texas conviction for indecency with a child had been treated as a crime involving moral turpitude under a three-step framework. The Fifth Circuit later rejected that framework because it allowed adjudicators…

April 10, 2015 ·BIA
Vacated
COMM

M.W. and Department of the Air Force, Special Operations Command, Randolph Air Force Base, TX

M.W. (ECAB 15-0499): Claim not reopened on repeated medical reports

M.W., an Air Force employee, sought reconsideration of a denied compensation claim. He resubmitted medical records that OWCP and the Board had already reviewed and offered no new legal argument. The Board found that the repeated reports did not meet the standards for merit review. It affirmed…

April 10, 2015 ·ECAB
Affirmed
COMM

R.R. and Department of Agriculture, Agricultural Research Service, Fort Pierce, FL

R.R. (ECAB 15-0380): Termination of injury benefits reversed

R.R., a Department of Agriculture tractor operator, lost wage-loss and medical benefits after OWCP found his work-related aggravation had ended. His treating physician and OWCP’s second-opinion physician gave reasoned but conflicting views about continuing cervical and lumbar conditions. The Board…

April 10, 2015 ·ECAB
Vacated
COMM

M.P. and Department of Veterans Affairs, Veterans Health Administration, Asheville, NC

M.P. (ECAB 15-0362): Patient-turning shoulder claim denied

M.P., a Veterans Affairs nursing assistant, claimed a shoulder injury after turning a patient in bed. OWCP accepted that the work incident occurred. The Board found that her physician named shoulder conditions but did not explain how the incident caused or aggravated them. It affirmed denial of the…

April 10, 2015 ·ECAB
Affirmed
COMM

J.V. and U.S. Postal Service, Post Office, Edison, NJ

J.V. (ECAB 15-0338): Total disability recurrence not established

J.V., a Postal Service employee with accepted injuries from two work-related vehicle accidents, claimed she could no longer perform her modified job beginning in January 2012. Her physicians listed periods off work but did not explain why the accepted conditions prevented the restricted duties she…

April 10, 2015 ·ECAB
Affirmed
COMM

S.R. and Small Business Administration, Office of Disaster Assistance, Harvey Cedars, NJ

S.R. (ECAB 15-0308): Additional conditions after workplace fall denied

S.R., a Small Business Administration employee, had accepted abrasions and knee contusions after a workplace fall. She sought to add headache, earache, and right leg cellulitis to the claim. The Board found no reasoned medical link for those conditions; the documented cellulitis appeared months…

April 10, 2015 ·ECAB
Affirmed
COMM

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

Y.J. (ECAB 15-0298): Late reconsideration request rejected

Y.J., a Postal Service employee, sought to reopen a traumatic injury denial years after the last merit decision. She argued that an earlier letter to the Board had preserved her reconsideration rights. The Board found that the letter was addressed to the Board, not OWCP, and that her 2014 request…

April 10, 2015 ·ECAB
Affirmed
COMM

S.M. and U.S. Postal Service, Post Office, Bellmawr, NJ

S.M. (ECAB 15-0072): Recurrence of disability not established

S.M., a Postal Service employee with accepted wrist and nerve conditions, claimed total disability beginning in April 2009. An impartial physician reviewed her history, work duties, and examination findings and concluded that the accepted conditions had not worsened and she could perform restricted…

April 10, 2015 ·ECAB
Affirmed
COMM

D.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI

D.J. (ECAB 15-0060): Emotional and lupus aggravation claim denied

D.J., a Veterans Affairs housekeeping supervisor, attributed an emotional condition and aggravated lupus to alleged workplace harassment and retaliation. The Board found that the statements offered to support harassment were too general and that no final EEO finding established the allegation…

April 10, 2015 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 3961 (Union) and United States Department of the Air Force, 502nd Force Support Squadron, Joint Base San Antonio, Fort Sam Houston, Texas (Agency)

AFGE Local 3961 and Air Force 502nd Squadron (FLRA 0-AR-5066): Exceptions filed six minutes late

The union filed exceptions to an Air Force arbitration award at 12:06 a.m., six minutes after the midnight filing deadline. It said an unexpected electronic filing error had ended its session shortly before midnight and asked the Authority to waive the deadline. The Authority dismissed the…

April 10, 2015 ·FLRA
Procedural
ALJ

Secretary of Labor v. Rockhouse Energy Mining

Rib-control penalty reduced to $100, preshift citation vacated

A miner was injured by falling rib material while Rockhouse Energy was rehabilitating an idle section before resuming production. Judge L. Zane Gill found that the inspector exaggerated widespread rib and brow conditions after the accident and that neutral and mine witnesses had not observed a…

April 9, 2015 ·L. Zane Gill ·FMSHRC
Mixed result
ALJ

Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest v. Secretary of Labor and Secretary of Labor v. Alpha Highwall Mining, LLC and Revelation Energy, LLC, successor in interest

Alpha Highwall Mining, LLC and Revelation Energy, LLC v. Secretary of Labor (FMSHRC KENT 2012-1207-R, et al.): Safety-equipment settlement held pending proof

Alpha Highwall and successor Revelation Energy proposed resolving two highwall-safety citations by converting both section 104(d)(1) actions to section 104(a) citations and reducing the penalty from $90,000 to $5,000. Revelation also committed at least $55,000 for handheld radios, cameras, and…

April 9, 2015 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Matter of SIMEIO SOLUTIONS, LLC

A worksite change requiring a new labor condition application is material

The Administrative Appeals Office reviewed the revocation of an H-1B petition for an information technology services company. The petition identified Long Beach, California, as the beneficiary's worksite, but the company later reported worksites in Camarillo, California, and Hoboken, New Jersey…

April 9, 2015 ·BIA
Affirmed
COMM

Matter of CHRISTO’S, INC.

Fictitious marriage documents alone do not trigger the marriage-fraud bar

The Administrative Appeals Office reviewed an immigrant-worker petition for a restaurant seeking to employ a beneficiary as a cook. The beneficiary had been named in a separate marriage-based petition supported by a fictitious marriage certificate, but he credibly established that he had never met…

April 9, 2015 ·BIA
Vacated
COMM

Matter of LEACHENG INTERNATIONAL, INC.

Related-company services can establish that a petitioner is doing business

The Administrative Appeals Office reviewed an immigrant-worker petition by a United States subsidiary of a Chinese clothing manufacturer seeking to employ a beneficiary as a multinational manager or executive. The Director denied the petition after finding that the petitioner had not been doing…

April 9, 2015 ·BIA
Vacated
COMM

C.S. and Department of the Army, Training & Doctrine Command, Kandahar Province, Afghanistan

C.S. (ECAB 15-0296): Medical conflict over work-related condition sent to specialist

C.S., an Army employee working in Afghanistan, claimed a work-related condition after developing left leg weakness. His treating physician and OWCP’s referral physician both considered a stroke likely but disagreed about whether heat and dehydration at work caused it. The Board found their reasoned…

April 9, 2015 ·ECAB
Remanded
COMM

S.A. and Department of the Navy, Defense Contract Management District Office, Camarillo, CA

S.A. (ECAB 15-0292): Retirement-related overpayment affirmed with corrected total

S.A., a Navy employee, received FECA wage-loss compensation while also receiving Social Security benefits based partly on federal employment. The Board confirmed a $35,876.27 overpayment and corrected a one-cent worksheet error. Because she did not provide requested financial information, it upheld…

April 9, 2015 ·ECAB
Modified
COMM

G.G. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR

G.G. (ECAB 15-0234): Knee injury denial and late record-review refusal affirmed

G.G., an Army telecommunications specialist, reported knee pain while digging a trench at work. The Board found that the incident occurred but the medical reports did not explain how it caused a diagnosed knee condition. His request for written-record review was postmarked one day after the 30-day…

April 9, 2015 ·ECAB
Affirmed
COMM

S.J. and Department of Veterans Affairs, Huntington Medical Center, Huntington, WV

S.J. (ECAB 14-1643): Wage loss for aquatic therapy visits denied

S.J., a Veterans Affairs nurse with an accepted knee injury, sought pay for time away from work to attend aquatic therapy in 2012. OWCP had not authorized that treatment. The Board found that her physician did not explain why the visits during the claimed period were necessary because of the…

April 9, 2015 ·ECAB
Affirmed
COMM

National Association of Government Employees, Service Employees International Union, Local R1-134 (Union) and United States Department of the Navy, Naval Undersea Warfare Center Division, Newport, Rhode Island (Agency)

NAGE Local R1-134 and Naval Undersea Warfare Center (FLRA 0-AR-5097): Bonus pay exceptions denied

The Navy canceled employee bonuses after the 2013 congressional sequester. An arbitrator found that the cancellation violated the parties' agreement and ordered the agency to preserve the negotiated split between raises and bonuses when allocating available funds. The union sought a remedy that…

April 9, 2015 ·FLRA
Upheld
ALJ

Secretary of Labor v. David Duquette Excavating and Jessica Russell

Borrow-pit case dismissed for lack of Mine Act jurisdiction

David Duquette Excavating intermittently removed bank-run earthen material, used a scalping screen to remove debris, and transported the material for fill at its excavation projects. MSHA treated the site as a mine and issued nine equipment, berm, and notification citations with $908 in proposed…

April 8, 2015 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Jacobs Field Services

Secretary ordered to support protruding-nail settlement reduction

Jacobs Field Services proposed settling 19 citations for $20,022 instead of $28,543. One disputed citation involved boards with nails protruding two to three inches at a laydown yard, and the parties sought to remove its S&S designation and reduce its penalty from $1,795 to $800. Judge William B…

April 8, 2015 ·William B. Moran ·FMSHRC
Procedural
COMM

D.B. and Department of the Air Force, Logistics Readiness Squad, Holloman Air Force Base, NM

D.B. (ECAB 15-0365): Wrist injury claim denied for uncertain incident

D.B., an Air Force employee, reported wrist pain after rebuilding a heavy hydraulic cylinder. He did not provide details of a specific work event when OWCP asked, and medical records said he could not recall how the injury occurred. The Board found that the evidence did not establish the incident…

April 8, 2015 ·ECAB
Affirmed
COMM

F.A. and U.S. Postal Service, Post Office, Los Angeles, CA

F.A. (ECAB 15-0349): Knee occupational disease claim denied

F.A., a Postal Service mail handler, linked a torn knee ligament and meniscus to years of lifting, loading, pushing, and walking at work. OWCP accepted that he performed those duties. The Board found that the physician described the work and diagnosis but did not explain how those duties caused or…

April 8, 2015 ·ECAB
Affirmed
COMM

T.P. and Department of the Army, U.S. Embassy, La Paz, Bolivia

T.P. (ECAB 15-0347): Illness during Bolivia duty trip not linked to work

T.P., an Army logistics specialist, claimed a digestive illness while on temporary duty in Bolivia. Records showed he was in La Paz during the claimed period, but the medical reports did not establish a diagnosed viral infection or explain a link between his symptoms and work-related factors. The…

April 8, 2015 ·ECAB
Affirmed
COMM

R.N. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

R.N. (ECAB 15-0252): Noise-related hearing loss claim denied

R.N., a Navy machinist and foreman, linked hearing loss to years of workplace noise. The Board accepted that he had occupational noise exposure but found that his audiograms lacked required certification or a physician’s causation opinion. OWCP’s referral physician concluded that the hearing loss…

April 8, 2015 ·ECAB
Affirmed
COMM

B.W. and Department of Veterans Affairs, G.V. Montgomery Veterans Medical Center, Jackson, MS

B.W. (ECAB 15-0222): Wage-earning capacity modification request returned

B.W., a Veterans Affairs employee, said a change in his medical condition prevented him from working his established schedule. OWCP called his request an untimely reconsideration application and refused to review it. The Board held that his submission sought modification of a wage-earning capacity…

April 8, 2015 ·ECAB
Remanded
COMM

C.W. and Department of Veterans Affairs, Veterans Health Administration, Hines, IL

C.W. (ECAB 15-0055): Impairment claim returned for merit decision

C.W., a Veterans Affairs employee, submitted a new impairment rating after an earlier denial of a schedule award. OWCP treated her submission as a late reconsideration request and declined to review it. The Board found that she was seeking a schedule award based on new medical evidence, so OWCP had…

April 8, 2015 ·ECAB
Remanded
COMM

J.A. and Department of the Air Force, Tinker Air Force Base, OK

J.A. (ECAB 14-1880): Termination of back injury benefits upheld

J.A., an Air Force production controller, received benefits for accepted back and knee conditions after a work injury. OWCP obtained an impartial physician’s opinion to resolve conflicting medical views. The Board found that the physician explained why the accepted conditions had resolved and…

April 8, 2015 ·ECAB
Affirmed
COMM

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

B.H. (ECAB 14-1788): Wage-earning capacity review returned to combine files

B.H., a Postal Service employee, challenged a reduction of compensation based on a constructed hospital admitting clerk job. OWCP considered restrictions from a separate accepted back injury, but that claim file was not before the Board. The Board found that the files should be combined so OWCP…

April 8, 2015 ·ECAB
Remanded
COMM

D.R. and Department of Veterans Affairs, North Texas Health Care System, Dallas, TX

D.R. (ECAB 14-1688): Termination for refusing work reversed

D.R., a Veterans Affairs nursing assistant, lost wage-loss compensation after OWCP said she refused suitable work. A prior Board ruling had voided the original termination because OWCP failed to serve her representative. The Board held that OWCP could not revive a job offer and notice from 13 years…

April 8, 2015 ·ECAB
Vacated
COMM

American Federation of Government Employees, Local 953 (Union) and United States Department of the Army, U.S. Corps of Engineers, Little Rock, Arkansas (Agency)

AFGE Local 953 and Army Corps of Engineers (FLRA 0-AR-5100): Union exceptions dismissed

The union challenged an arbitration award involving the Army Corps of Engineers in Little Rock. The Authority dismissed the union's exceptions because the union should have raised its arguments before the arbitrator and the record did not show that it did so. The Authority issued an abbreviated…

April 8, 2015 ·FLRA
Procedural
COMM

Secretary of Labor v. Black Beauty Coal Company

Accident-site citation remanded, examination-order vacatur affirmed

Black Beauty resumed mining and altered a roof-fall scene after reporting the incident to MSHA, and an ALJ affirmed an accident-site preservation citation after cutting short the hearing. The Commission held that an actual accident, meaning an injury with a reasonable potential to cause death…

April 7, 2015 ·FMSHRC
Mixed result
COMM

E.P. and Department of Agriculture, Natural Resources Conservation Services, Tunkhannock, PA

E.P. (ECAB 15-0458): Late impairment reconsideration denied

E.P., a Department of Agriculture employee, sought to revisit an upper extremity schedule award more than a year after the merit decision. His request challenged how earlier impairment opinions were weighed but provided no new rating showing greater work-related arm impairment. The Board found no…

April 7, 2015 ·ECAB
Affirmed
COMM

P.B. and U.S. Postal Service, Post Office, Philadelphia, PA

P.B. (ECAB 15-0112): Termination of back and shoulder benefits upheld

P.B., a Postal Service letter carrier, received benefits for accepted temporary aggravations of lumbar conditions and a shoulder sprain. OWCP’s second-opinion physician reviewed her history and imaging and found the accepted conditions had resolved. The Board found his opinion reasoned, while the…

April 7, 2015 ·ECAB
Affirmed
COMM

J.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Indianapolis, IN

J.D. (ECAB 15-0108): Patient-lifting back claim denied

J.D., a Veterans Affairs vehicle operator, claimed back and related conditions after lifting a patient in a wheelchair up steps. OWCP accepted that the lifting incident occurred. The Board found that his physician did not adequately explain how the incident caused or aggravated the diagnosed…

April 7, 2015 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Long Beach, CA

P.M. (ECAB 15-0054): Knee injury benefit termination reversed

P.M., a Postal Service employee, received benefits for an accepted temporary aggravation of knee osteoarthritis. OWCP’s referral physician said the aggravation had ended, while her treating physician said it continued to cause disability. The Board found an unresolved medical conflict and held that…

April 7, 2015 ·ECAB
Vacated
COMM

K.B. and U.S. Postal Service, Post Office, White Plains, NY

K.B. (ECAB 15-0011): Benefit termination reversed for incomplete medical review

K.B., a Postal Service employee, lost wage-loss and medical benefits after OWCP relied on an impartial examiner’s reports. Before its final decision, OWCP had received additional reports from her treating physician and chiropractor but did not ask the impartial examiner to evaluate them. The Board…

April 7, 2015 ·ECAB
Remanded
COMM

D.E. and U.S. Postal Service, Processing & Distribution Center, Santa Clarita, CA

D.E. (ECAB 14-1485): Missed hearing treated as abandoned

D.E., a Postal Service employee, requested a telephone hearing about a wage-earning capacity decision. She did not call at the scheduled time or notify OWCP within ten days that she could not attend. The Board found that a later explanation involving family and medical difficulties did not cure the…

April 7, 2015 ·ECAB
Affirmed
COMM

S.I. and U.S. Postal Service, Post Office, Detroit, MI

S.I. (ECAB 15-0374): Ankle surgery and related disability claim denied

S.I., a Postal Service employee, had an accepted right ankle sprain after a delivery incident. She sought to add a preexisting ankle lesion and obtain authorization and wage loss for surgery on that condition. The Board found that her physician did not adequately explain how the sprain worsened the…

April 6, 2015 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Harrisburg, PA

S.S. (ECAB 15-0369): Left arm impairment award denied

S.S., a Postal Service employee, sought a schedule award for left arm impairment years after an accepted shoulder tendon sprain. Her physician gave an eight percent rating but did not explain how the accepted soft-tissue injury persisted for 12 years, and other diagnosed conditions were not…

April 6, 2015 ·ECAB
Affirmed
COMM

W.M. and U.S. Postal Service, Post Office, Richmond, VA

W.M. (ECAB 15-0342): Foot fracture impairment award denied

W.M., a Postal Service letter carrier, sought a schedule award after an accepted right fifth metatarsal fracture. OWCP’s referral physician and medical adviser found the fracture had healed without ratable right leg impairment. A physical therapist and a nurse practitioner submitted impairment…

April 6, 2015 ·ECAB
Affirmed
COMM

A.Y. and U.S. Postal Service, Post Office, Charlestown, MA

A.Y. (ECAB 15-0332): Mail-tub twisting injury claim denied

A.Y., a Postal Service employee, claimed a back injury after twisting to avoid a mail tub. OWCP accepted that the incident occurred. The Board found that her chiropractor had not documented an x-ray-based subluxation required for physician status under FECA, and her orthopedic surgeon did not…

April 6, 2015 ·ECAB
Affirmed
COMM

P.S. and Department of Homeland Security, Immigration & Customs Enforcement, Cleveland, OH

P.S. (ECAB 15-0310): Treadmill heart attack claim denied

P.S., an Immigration and Customs Enforcement officer, had a heart attack while running on a treadmill during work. OWCP accepted that the exercise occurred in the course of his employment. The Board found that his cardiologist said vigorous exercise can sometimes precipitate a heart attack but did…

April 6, 2015 ·ECAB
Affirmed
COMM

D.F. and Department of Veterans Affairs, Veterans Administration Heartland-West, Kansas City, MO

D.F. (ECAB 15-0077): Injury claim not reopened on repeated reports

D.F., a Veterans Affairs employee, sought to reopen a denied injury claim. Some submitted reports had already been reviewed, and the newer records did not explain how the accepted work incident caused or aggravated the diagnosed conditions. The Board found no pertinent new evidence or legal…

April 6, 2015 ·ECAB
Affirmed
COMM

A.R. and Department of Commerce, U.S. Census Bureau, Newark, NJ

A.R. (ECAB 14-1958): Wage-earning capacity claim not reopened

A.R., a Census Bureau employee, asked OWCP to revisit a wage-earning capacity determination. His request repeated arguments about the selected clerical position and pay rate that OWCP had already addressed, and it supplied no new evidence. The Board found no basis for another merit review and…

April 6, 2015 ·ECAB
Affirmed
COMM

P.B. and U.S. Postal Service, Post Office, Jacksonville, FL

P.B. (ECAB 14-0557): Claim expansion denial returned for reasons

P.B., a Postal Service employee, asked OWCP to add medical conditions to an accepted claim. OWCP’s letter said prior decisions had disposed of the request, but those decisions did not address the conditions then at issue. The Board found that the letter effectively denied the request without…

April 6, 2015 ·ECAB
Remanded
ALJ

Risa Management Corp.

Default entered after repeated failures to participate

Risa Management contested ten serious and one other-than-serious citation carrying $34,300 in proposed penalties, then entered Chapter 11 bankruptcy. The judge ruled that the safety-enforcement proceeding was not automatically stayed, although payment of any penalty would remain under the…

April 6, 2015 ·William S. Coleman ·OSHRC
Citations affirmed
COMM

S.T. and Department of Veterans Affairs, Central Arkansas Veterans Health Care System, Little Rock, AR

S.T. (ECAB 15-0382): Timely reconsideration request sent back

S.T., a Veterans Affairs nurse, asked OWCP to reconsider its denial of her neck and shoulder claim. OWCP treated an appeal form received after the one-year deadline as her request and applied the stricter test for late filings. The Board found that OWCP had already received her written…

April 3, 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.