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.

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ALJ

Joleen Olson v. Cordero Mine, LLC

Directed verdict dismisses discrimination complaint

Joleen Olson alleged that Cordero Mine fired her after a workplace dispute involving caution tape placed around a forklift route. Judge William B. Moran accepted that Olson used the tape for a legitimate safety reason, but found that the conflict remained an employee-to-employee dispute. Olson…

January 26, 2015 ·William B. Moran ·FMSHRC
Procedural
COMM

Chem-Solv, Inc. and Austin Holdings

In re Chem-Solv, Inc. and Austin Holdings (EAB RCRA (3008) Appeal No. 14-02): liability findings and penalties affirmed

Chem-Solv and Austin Holdings appealed an ALJ decision arising from EPA Region III's enforcement action at Chem-Solv's chemical blending and distribution facility in Roanoke, Virginia. The ALJ found seven RCRA violations involving an unpermitted hazardous-waste storage facility, waste…

January 26, 2015 ·EPA EAB
Affirmed
COMM

Chem-Solv, Inc. and Austin Holdings

In re Chem-Solv, Inc. and Austin Holdings (EAB RCRA (3008) Appeal No. 14-02): Hazardous waste violations affirmed

Chem-Solv operated a chemical blending and distribution facility in Roanoke, Virginia, and Austin Holdings owned the land. EPA alleged that the companies stored hazardous waste without a permit, failed to make required hazardous waste determinations, and violated rules for tanks, inspections, air…

January 26, 2015 ·EPA EAB
Affirmed
COMM

C.J. and U.S. Postal Service, Main Post Office, Beverly Hills, CA

C.J. and U.S. Postal Service (ECAB 14-2030): Knee claim and review denial affirmed

C.J., a postal carrier and supervisor, attributed a right knee condition to walking and standing at work. OWCP accepted that she performed those duties, but her doctor did not explain whether they caused the diagnosed condition. The Board affirmed the injury claim denial for lack of a medical link…

January 26, 2015 ·ECAB
Affirmed
COMM

A.C. and Department of the Treasury, Internal Revenue Service, Richmond, VA

A.C. and Department of the Treasury (ECAB 14-1883): Late reconsideration denied

A.C., an Internal Revenue Service clerk, sought reconsideration of an OWCP decision that had denied coverage for a knee replacement revision. Her request came more than a year after the last merit decision. The Board found that her new medical report, knee x-rays, and resubmitted report did not…

January 26, 2015 ·ECAB
Affirmed
COMM

W.G. and Department of Homeland Security, Transportation Security Administration, Detroit, MI

W.G. and Department of Homeland Security (ECAB 14-1801): Termination upheld, later residuals remanded

W.G., a transportation security screener, received compensation for accepted back conditions. The Board found that a second opinion doctor’s reports supported OWCP’s termination of benefits because the accepted conditions had resolved by February 12, 2013. Later reports from W.G.’s treating doctor…

January 26, 2015 ·ECAB
Mixed result
COMM

S.L. and Department of the Treasury, Internal Revenue Service, Richmond, VA

S.L. and Department of the Treasury (ECAB 14-1701): Disability compensation denied

S.L., an Internal Revenue Service clerk, had accepted hand, wrist, and elbow conditions and sought wage-loss compensation for a specific period in 2011. The Board found that her doctors did not give a reasoned opinion explaining why those accepted conditions prevented her from working during that…

January 26, 2015 ·ECAB
Affirmed
COMM

S.W. and U.S. Postal Service, Post Office, Philadelphia, PA

S.W. and U.S. Postal Service (ECAB 14-1619): Occupational disease claim denied

S.W., a postal mail handler, attributed back and leg conditions to repeated work duties involving sitting, standing, and lifting. OWCP treated her submission as a new occupational disease claim rather than a recurrence claim. The Board found that her doctor’s opinions about work causation were…

January 26, 2015 ·ECAB
Affirmed
COMM

C.T. and Department of the Navy, Office of Naval Personnel, Millington, TN

C.T. and Department of the Navy (ECAB 14-1419): Interpreter injury claim remanded

C.T., a Navy sign language interpreter, attributed shoulder and elbow conditions to repetitive signing with her arms held near shoulder height. OWCP denied the claim for lack of sufficient medical proof. The Board found that two doctors’ reports were incomplete but consistently supported a possible…

January 26, 2015 ·ECAB
Remanded
COMM

R.L. and Department of Homeland Security, Transportation Security Administration, Dallas, TX

R.L. and Department of Homeland Security (ECAB 14-1006): Overpayment upheld, waiver remanded

R.L., a transportation security baggage screener, received benefits at a rate for claimants with dependents after his divorce. The Board affirmed OWCP’s calculation that he had been overpaid $7,143.37. OWCP found him without fault but denied waiver after concluding he had supplied no financial…

January 26, 2015 ·ECAB
Mixed result
COMM

United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency) and American Federation of Government Employees, Local 2145 (Union)

VA Richmond Medical Center and AFGE Local 2145 (FLRA 0-AR-4995): On-call pay award upheld

A VA medical center employee sought pay for being on call and working outside regular hours. An arbitrator found that the employee remained in the bargaining unit during the disputed period and that the VA had breached its labor agreement by withholding compensation. The VA filed an exception after…

January 26, 2015 ·FLRA
Upheld
ALJ

Secretary of Labor v. Consol Buchanan Mining Company, LLC

Two fatal-accident violations affirmed with $140,000 penalty

While miners were transporting a shuttle car through Buchanan Mine #1, the load struck a pressurized-water manifold and tore it from the mine's firefighting line. A damaged 1½-inch valve that had previously been torn apart was reused in the assembly, and the upstream 6-inch shutoff valve could not…

January 23, 2015 ·Priscilla M. Rae ·FMSHRC
Citations affirmed
COMM

United States Department of Agriculture, National Finance Center, New Orleans, Louisiana (Agency) and American Federation of Government Employees, Local 2341 (Union/Petitioner)

USDA National Finance Center and AFGE Local 2341 (FLRA DA-RP-12-0025): Seven positions included in bargaining unit

A union asked whether eight positions at the USDA National Finance Center belonged in its bargaining unit. The regional director included seven positions and excluded the training-systems specialist as a management official. The agency sought review, arguing that some of the included employees were…

January 23, 2015 ·FLRA
Upheld
COMM

F.M. and U.S. Postal Service, Post Office, Carol Stream, IL

F.M. and U.S. Postal Service (ECAB 14-1976): Right leg claim denied

F.M., a postal employee, attributed right ankle and calf problems to walking between the parking lot and workplace. OWCP treated the submission as a new claim because she alleged exposure to new work factors. The Board found that diagnostic tests showed possible injury but no physician explained…

January 23, 2015 ·ECAB
Affirmed
COMM

J.P. and Department of the Air Force, Eglin Air Force Base, FL

J.P. and Department of the Air Force (ECAB 14-1966): Rib injury claim denied

J.P., an Air Force electronics engineer, reported a rib injury during an employer-sponsored ultimate frisbee event. The Board found that the collision happened in the performance of duty. An x-ray showed a hairline fracture, but the physicians’ reports did not explain whether the work incident…

January 23, 2015 ·ECAB
Affirmed
COMM

T.J. and Department of the Air Force, DECA Headquarters, Fort Lee, VA

T.J. and Department of the Air Force (ECAB 14-1865): Disability recurrence denied

T.J., a store clerk with accepted shoulder and spine conditions, returned to modified work and stopped again the same day. She sought compensation for a recurrence of total disability. The Board found no evidence that the employer withdrew or changed the light-duty assignment beyond her…

January 23, 2015 ·ECAB
Affirmed
COMM

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

S.J. and U.S. Postal Service (ECAB 14-1821): Compensation termination reversed

S.J., a postal letter carrier, received benefits for accepted back and related conditions. OWCP terminated them after a second opinion doctor said those conditions had resolved. The Board found that her treating doctor’s opposing findings created a medical conflict before the termination. Because…

January 23, 2015 ·ECAB
Vacated
COMM

J.H. and U.S. Postal Service, Post Office, Albany, NY

J.H. and U.S. Postal Service (ECAB 14-1612): Late reconsideration denied

J.H., a postal letter carrier, requested reconsideration of a denied left knee injury claim more than a year after OWCP’s last merit decision. The Board found the request untimely. Her new description of the workday and medical reports did not clearly show that OWCP had erred on the disputed…

January 23, 2015 ·ECAB
Affirmed
COMM

P.D. and U.S. Postal Service, North Grand Post Office, Santa Ana, CA

P.D. and U.S. Postal Service (ECAB 14-1273): Reconsideration refusal affirmed

P.D., a postal clerk, sought reconsideration of a denied back condition claim. OWCP had found inconsistent descriptions of the work duties said to cause the injury. The Board found that her new statement and old job offers did not resolve those factual inconsistencies. A resubmitted medical report…

January 23, 2015 ·ECAB
Affirmed
COMM

J.Z. and Department of the Treasury, Internal Revenue Service, Florence, KY

J.Z. and Department of the Treasury (ECAB 14-1048): Reconsideration refusal affirmed

J.Z., an Internal Revenue Service clerk, sought reconsideration of an injury claim that OWCP had denied for lack of medical causation evidence. A supervisor’s new statement described when J.Z. reported the wrist incident, but did not address the medical question behind the denial. The medical…

January 23, 2015 ·ECAB
Affirmed
COMM

C.L. and Department of the Army, Army Medical Command, Fort Hood, TX

C.L. and Department of the Army (ECAB 14-0983): Emotional condition claim denied

C.L., an Army supervisory physician, attributed headaches and stress to workload, managerial actions, and alleged mistreatment. The Board found that the record did not substantiate overwork, employer error in administrative matters, or the alleged hostile interactions. It also found that grievance…

January 23, 2015 ·ECAB
Affirmed
COMM

R.C. and Department of the Army, Army Depot, Tobyhanna, PA

R.C. and Department of the Army (ECAB 14-1964): Hernia injury claim denied

R.C., an Army depot painter, experienced groin pain while pulling a heavy overhead crane and later underwent hernia surgery. The Board accepted that the work incident occurred. It found that his surgeon did not adequately explain the medical mechanism connecting that incident to the inguinal…

January 22, 2015 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, Evanston, IL

G.S. and U.S. Postal Service (ECAB 14-1923): Knee schedule award denied

G.S., a postal mail carrier, sought a schedule award after a workplace fall injured his left knee. His doctor rated permanent leg impairment using a history of meniscus tear and surgery that did not match the diagnostic and surgical records. The doctor also did not explain a lasting impairment from…

January 22, 2015 ·ECAB
Affirmed
COMM

M.G. and U.S. Postal Service, Post Office, West Sacramento, CA

M.G. and U.S. Postal Service (ECAB 14-1917): Duplicate award overpayment affirmed

M.G., a postal clerk, received two schedule awards based on the same five percent right arm impairment. The Board found that the second award duplicated compensation and created an $11,076.62 overpayment. It upheld OWCP’s refusal to waive recovery because M.G. had not provided requested financial…

January 22, 2015 ·ECAB
Affirmed
COMM

A.F. and Department of Veterans Affairs, Veterans Benefits Administration, Baltimore, MD

A.F. and Department of Veterans Affairs (ECAB 14-1838): Continuation of pay denied

A.F., a veteran service representative, sought continuation of pay after an accepted workplace back injury. OWCP denied payment for a later period of missed work. The Board found that the medical reports and leave records did not adequately explain why the accepted injury prevented him from working…

January 22, 2015 ·ECAB
Affirmed
COMM

L.S. and Department of Veterans Affairs, Veterans Health Administration, Augusta, ME

L.S. and Department of Veterans Affairs (ECAB 14-1699): Back injury claim denied

L.S., a nurse, reported a back injury after assisting a patient at work. OWCP accepted that the incident occurred. The Board found that her doctor described the event and her back conditions but did not adequately explain how the event caused or aggravated those conditions, particularly given her…

January 22, 2015 ·ECAB
Affirmed
COMM

S.R. and U.S. Postal Service, Lenox Hill Station, New York, NY

S.R. and U.S. Postal Service (ECAB 14-1313): Rescission of disability claim reversed

S.R., a postal worker, had an accepted disability recurrence linked to a 1994 head injury. OWCP later tried to withdraw that acceptance based on a doctor’s opinion that the recurrence was unrelated. The Board found that the doctor did not explain his conclusion or address why he disagreed with…

January 22, 2015 ·ECAB
Vacated
ALJ

Secretary of Labor v. Duke's Sand & Gravel

All 22 violations upheld, penalties reduced to $2,085

MSHA found 21 section 104(a) violations and one section 104(g)(1) training order during Duke's Sand & Gravel's first inspection. The one-employee operation lacked required filings, guards, electrical protections, first-aid coverage, firefighting equipment, miner training, berms, sanitation…

January 21, 2015 ·William B. Moran ·FMSHRC
Modified
ALJ

Scott McGlothlin v. Dominion Coal Corporation

Discovery extended and three depositions ordered

Scott McGlothlin sought five depositions shortly before the discovery deadline in his discrimination case against Dominion Coal. Dominion said scheduling conflicts prevented it from producing three company-connected witnesses before the existing deadline and declined to agree to an extension. Judge…

January 21, 2015 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Holifield v. Isramco, Inc.

Holifield v. Isramco (DOL ARB 15-014): Employer's appeal withdrawn

Isramco had filed a petition asking the Board to review a case involving Dennis Holifield. The company told the Board it filed that petition to protect its ability to cross-appeal if Holifield appealed. Because Holifield did not file an appeal, Isramco asked to withdraw its own petition. The Board…

January 21, 2015 ·DOL ARB
Procedural
COMM

Mawhinney v. Transportation Workers Union

Interim appeal dismissed

Robert Steven Mawhinney asked the Board to review a Labor Department judge's decision to delay setting a hearing date while a related appeal was pending. The Board explained that interim appeals generally require certification of a controlling legal question or exceptional circumstances. Mawhinney…

January 21, 2015 ·DOL ARB
Procedural
COMM

B.P. and U.S. Marine Corps, Logistics Base, Albany, GA

B.P. and U.S. Marine Corps (ECAB 14-2063): Exercise injury claim denied

B.P., a Marine Corps information technology specialist, reported hurting his right arm while doing pull-ups during an employer-sponsored exercise program. The Board agreed that the exercise took place in the performance of duty. His doctor diagnosed a biceps tendon tear and other shoulder…

January 21, 2015 ·ECAB
Affirmed
COMM

C.S. and Department of Health and Human Services, National Disaster Medical Services, Bethesda, MD

C.S. and Department of Health and Human Services (ECAB 14-1994): Reconsideration refusal affirmed

C.S., a disaster medical worker, sought reconsideration of a claim concerning an infection he attributed to a deployment in Haiti. The underlying denial rested on the absence of a medical opinion linking the diagnosed condition to work exposure. The Board found that his lawyer’s comparison of…

January 21, 2015 ·ECAB
Affirmed
COMM

R.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Little Rock, AR

R.A. and Department of Veterans Affairs (ECAB 14-1992): Knee claim reconsideration denied

R.A., a medical center health technician, sought reconsideration after OWCP denied a right knee injury claim for lack of medical causation evidence. A new report confirmed a meniscus tear but said the doctor could not tell whether it was work-related. The Board found that report did not add…

January 21, 2015 ·ECAB
Affirmed
COMM

J.G. and Department of Labor, Mine Safety and Health Administration, Dallas, TX

J.G. and Department of Labor (ECAB 14-1987): Pulmonary disease claim remanded

J.G., a mine safety inspector, attributed pulmonary conditions to dust, gas, and fume exposure at work. OWCP denied his claim after obtaining a second opinion. The Board found that the second opinion doctor had not clearly addressed whether work exposure aggravated his chronic obstructive pulmonary…

January 21, 2015 ·ECAB
Remanded
COMM

W.B. and Department of the Army, Fort Polk, LA

W.B. and Department of the Army (ECAB 14-1842): Overpayment finding reversed

W.B., an Army painter receiving wage-loss benefits, was paid at the higher rate for claimants with dependents. OWCP later treated those payments as an overpayment after he reported that he had no qualifying dependents. The Board found that his three minor children qualified because he was under a…

January 21, 2015 ·ECAB
Vacated
COMM

S.M. and U.S. Postal Service, Radio City Station, New York, NY

S.M. and U.S. Postal Service (ECAB 14-1581): Disability recurrence denied

S.M., a postal worker with accepted back conditions, sought compensation for later periods when she said she could not work. The Board found that her doctors did not adequately explain why the accepted injury caused her work capacity to worsen after she returned to work. One opinion described a…

January 21, 2015 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Speed Mining, LLC

Secretary allowed to increase gravity allegations and proposed penalties

The Secretary moved to amend three orders before hearing to allege more serious gravity and increase the proposed penalties. Two orders would change the expected injury from lost workdays to fatal. The third would change from unlikely to reasonably likely, add an S&S designation, and change the…

January 20, 2015 ·Alan G. Paez ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Justice Energy Company, Inc.

Equipment citations yield mixed result and $45,088 penalty

MSHA cited Justice Energy for oil accumulations and mechanical defects on mobile equipment at the Red Fox Surface Mine. Judge Jerold Feldman vacated four motor-oil fire-hazard citations because the Secretary did not show exposure to temperatures high enough to produce ignitable vapor. He upheld…

January 20, 2015 ·Jerold Feldman ·FMSHRC
Mixed result
COMM

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

N.S. (ECAB 14-1978): Late reconsideration request denied

N.S., a postal letter carrier, had received compensation for an accepted right wrist condition. OWCP later terminated his benefits after a second opinion physician found that the work injury had resolved. N.S. sought reconsideration more than one year after OWCP’s last decision on the merits. The…

January 20, 2015 ·ECAB
Affirmed
COMM

T.H. and U.S. Postal Service, Post Office, Bellmawr, NJ

T.H. (ECAB 14-1884): Schedule award claim returned for merit review

T.H., a postal letter carrier, received a schedule award for 14 percent impairment of his left arm after an accepted work injury. He requested reconsideration because OWCP’s medical adviser said that the accepted conditions did not include a shoulder injury, although OWCP had accepted a shoulder…

January 20, 2015 ·ECAB
Remanded
COMM

T.H. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Salters, SC

T.H. (ECAB 14-1866): Back injury claim denied for lack of medical proof

T.H., a correctional officer, reported that he hurt his lower back while dragging a property bag at work. OWCP accepted that the incident occurred but found no adequate medical proof that it caused a back injury. The Board found that a physician’s reports gave no explanation linking the condition…

January 20, 2015 ·ECAB
Affirmed
COMM

A.L. and U.S. Postal Service, Post Office, Anchorage, AK

A.L. (ECAB 14-1840): Reconsideration of wage loss denial refused

A.L., a postal window clerk with an accepted back condition, sought wage loss compensation for a period when she was off work before back surgery. OWCP denied that claim because her medical records did not explain why she could not perform her light duty work during the claimed period. On…

January 20, 2015 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Desoto, TX

P.M. (ECAB 14-1832): Social Security offset overpayment recalculation ordered

P.M., a retired postal rural carrier, received workers’ compensation and Social Security retirement benefits based partly on her federal service. OWCP found an overpayment because it had not offset the federal service portion of her Social Security benefits. The Board agreed that an offset applied…

January 20, 2015 ·ECAB
Remanded
ALJ

Secretary of Labor v. Hidden Splendor Resources, Inc.

$5,000 bad-roof penalty retained on remand

An earlier decision affirmed an S&S, high-negligence citation for bad roof in the Horizon Mine's secondary escapeway and assessed $5,000 against the Secretary's proposed $6,458. The Commission left the penalty in place but remanded for a fuller explanation. Judge Richard W. Manning addressed each…

January 16, 2015 ·Richard W. Manning ·FMSHRC
Citations affirmed
ALJ

Paramont Coal Co. Virginia, LLC v. Secretary of Labor

Safeguard contest dismissed as duplicative

Paramont Coal separately contested a notice of safeguard issued at Deep Mine #26. The Secretary moved to dismiss for lack of Commission jurisdiction, while Paramont disputed that jurisdictional argument. Judge L. Zane Gill declined to decide the jurisdiction question and instead dismissed the…

January 16, 2015 ·L. Zane Gill ·FMSHRC
Procedural
ALJ

Scott McGlothlin v. Dominion Coal Corporation

Notary deposition quashed as irrelevant

Dominion Coal sought to depose Sheila Kiser, who notarized a power of attorney from Scott McGlothlin to his wife. Dominion hoped to investigate whether McGlothlin's later Part 90 application was signed or filed when claimed and whether the power of attorney had been backdated. Judge Jerold Feldman…

January 16, 2015 ·Jerold Feldman ·FMSHRC
Procedural
COMM

L.K. and Department of Agriculture, Philadelphia Terminal Market, Philadelphia, PA

L.K. (ECAB 14-2025): Injury claim barred by filing deadline

L.K., a former Department of Agriculture inspector, filed a compensation claim in 2013 for injuries he attributed to a car accident decades earlier. OWCP denied the claim under FECA’s filing deadline. The Board found no proof that L.K. filed within three years of the claimed incident or that a…

January 16, 2015 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Post Office, Camden, AL

A.M. (ECAB 14-2016): Physician change and spinal surgery requests denied

A.M., a postal rural carrier, sought to replace her treating physician and obtain cervical fusion surgery after an accepted vehicle accident injury. She said physical therapy had not relieved her pain and wanted the surgeon who recommended fusion to take over her care. The Board found that OWCP…

January 16, 2015 ·ECAB
Affirmed
COMM

D.G. and U.S. Postal Service, Post Office, Cleveland Heights, OH

D.G. (ECAB 14-1796): Emotional condition claim denied

D.G., a postal letter carrier, attributed stress and a panic attack to a predisciplinary meeting and alleged harassment by a supervisor. The Board treated the meeting as a personnel action and found no evidence that management handled it with error or abuse. It also found that the grievance record…

January 16, 2015 ·ECAB
Affirmed
COMM

G.W. and Department of Homeland Security, National Protection & Programs Directorate, Federal Protection Service, New York, NY

G.W. (ECAB 14-1793): Respiratory condition claim denied for lack of causal proof

G.W., a federal security specialist, sought compensation for asthma and sleep apnea after exposure to toxins and debris at the World Trade Center site and during cleanup. OWCP accepted the exposure but found that the medical evidence did not link it to the diagnosed conditions. The Board found that…

January 16, 2015 ·ECAB
Affirmed
COMM

United States Department of Defense, Illinois National Guard, Springfield, Illinois (Agency) and LIUNA National Guard District Council (Petitioner/Labor Organization) and Association of Civilian Technicians (Exclusive Representative/Labor Organization)

Illinois National Guard unions (FLRA CH-RP-14-0011): Election petition remains timely

The Association of Civilian Technicians and the Illinois National Guard were finishing a successor labor agreement when another union, LIUNA, petitioned for an employee representation election. LIUNA filed on March 12, 2014, one day before the existing parties signed their agreement. A regional…

January 15, 2015 ·FLRA
Upheld
COMM

A.S. and U.S. Postal Service, Processing & Distribution Center, Capitol Heights, MD

A.S. (ECAB 14-1934): Arm impairment ratings sent for impartial examination

A.S., a postal contract technician with accepted carpal tunnel syndrome and wrist tendinitis, sought schedule awards above two percent impairment of each arm. Her physician rated each arm at six percent, while OWCP’s referral physician rated each at two percent. The Board found that both physicians…

January 15, 2015 ·ECAB
Remanded
COMM

J.L. and U.S. Postal Service, Post Office, Bedford Park, IL

J.L. (ECAB 14-1896): Right arm impairment rating returned for clarification

J.L., a postal secretary with several accepted arm and shoulder conditions, sought a schedule award above two percent impairment of her right arm. OWCP relied on a referral physician who said that some conditions had resolved while a wrist condition persisted. The Board found that he nevertheless…

January 15, 2015 ·ECAB
Remanded
COMM

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

J.T. (ECAB 14-1889): Hearing loss claim not reopened

J.T., an Army Depot painter, had been denied compensation for claimed work-related hearing loss. She sought reconsideration, arguing that OWCP should not have relied on its medical examiner’s opinion because it was inadequate. The Board found that an OWCP hearing representative had already…

January 15, 2015 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, Macon, GA

G.S. (ECAB 14-1872): Six percent impairment awards upheld

G.S., a postal employee with accepted carpal tunnel syndrome in both wrists, sought schedule awards above six percent impairment of each arm. Her physician calculated six percent for each arm and added three percent for what he called simultaneous neuropathies. The Board found that he did not…

January 15, 2015 ·ECAB
Affirmed
COMM

L.S. and Department of Labor, Employment Standards Administration, New York, NY

L.S. (ECAB 14-1445): Shoulder injury claim not reopened

L.S., a Department of Labor claims examiner, had been denied compensation for a cervical condition she attributed to an incident while indexing mail. She sought reconsideration, arguing that the claim should have been treated as an occupational disease because she kept working after the incident…

January 15, 2015 ·ECAB
Affirmed
COMM

National Association of Government Employees, Local R12-35 (Union) and United States Department of the Navy, Navy Facilities Engineering Command Southwest (Agency)

NAGE Local R12-35 and Navy Facilities Engineering Command Southwest (FLRA 0-AR-5080): Union exceptions rejected

A union challenged an arbitration award involving the Navy Facilities Engineering Command Southwest. The Authority issued an abbreviated decision and gave no details about the underlying grievance or the award's terms. It dismissed the union's argument that the award failed to follow the labor…

January 15, 2015 ·FLRA
Upheld
COMM

A.S. and U.S. Postal Service, Post Office, Columbia, SC

A.S. (ECAB 14-1983): Shoulder condition claim denied for missing work details

A.S., a postal mail carrier, claimed that casing mail caused shoulder and neck pain. OWCP asked her to describe the work activities she believed caused the condition, including how often and how long she performed them. The Board found that her brief references to grabbing mail and lifting her arm…

January 14, 2015 ·ECAB
Affirmed
COMM

D.D. and U.S. Postal Service, Post Office, Palatine, IL

D.D. (ECAB 14-1930): Eight percent left arm impairment award upheld

D.D., a postal mail clerk with several accepted left arm conditions, sought a schedule award above the eight percent already awarded for that arm. OWCP’s medical advisers added a three percent rating for her newer conditions to a prior five percent award. Her physician proposed a 46 percent rating…

January 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.