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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E.C. and Department of Veterans Affairs, New Jersey Health Care System, East Orange, NJ
E.C. and New Jersey Health Care System (ECAB 14-1743): Retirement offset overpayment affirmed
E.C., a Veterans Affairs housekeeping aide, received injury compensation and Social Security benefits partly attributable to federal service. OWCP determined that it had not deducted the full required offset and found a $9,348.29 overpayment. The Board upheld that calculation and found that E.C…
K.S. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Topeka, KS
K.S. and Topeka VA Medical Center (ECAB 14-1658): Late reconsideration refusal affirmed
K.S., a pharmacy technician, reported jamming her right thumb between containers at work. OWCP denied her claim after finding that the medical evidence did not connect the incident to her diagnosed hand osteoarthritis. Her reconsideration request reached OWCP two days after the one year filing…
T.B. and Department of Homeland Security, Transportation Security Administration, Coppell, TX
T.B. and Transportation Security Administration (ECAB 14-1529): Gate guard wage capacity upheld
T.B., a transportation security officer with accepted lumbar conditions, received wage loss compensation after back surgery. OWCP reduced her benefits based on a vocational counselor’s finding that she could work as a gate guard earning $380 a week. The Board found that the job fit her medical…
K.P. and U.S. Postal Service, Northwestern Station, Detroit, MI
K.P. and Detroit Northwestern Station (ECAB 14-1524): Hip disability claim returned for a new medical opinion
K.P., a letter carrier, had an accepted work related aggravation of left hip osteoarthritis. She sought wage loss compensation beginning October 30, 2010. The Board found that OWCP’s referral physician gave no medical explanation for attributing her condition solely to aging and answered in the…
W.B. and Department of the Navy, Naval Air Engineering Center, Lakehurst, NJ
W.B. and Naval Air Engineering Center (ECAB 14-1452): Dispatcher wage capacity upheld
W.B., a Navy motor vehicle operator with an accepted left knee injury, received disability compensation after knee replacement surgery. OWCP later reduced his benefits based on a vocational counselor’s finding that he could earn $440 a week as a taxicab dispatcher. The Board held that the sedentary…
L.P. and U.S. Postal Service, Post Office, West Des Moines, IA
L.P. and West Des Moines Post Office (ECAB 14-1344): Makeshift job invalidates wage capacity finding
L.P., a letter carrier with an accepted knee condition, worked in a modified position that OWCP used to find no loss of wage earning capacity. The Postal Service later withdrew that position and stated that many duties had been created to accommodate her restrictions. The Board held that the job…
American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs Medical Center, Richmond, Virginia (Agency)
AFGE Local 2145 and VA Richmond Medical Center (FLRA 0-AR-5051): Attorney fees denied
A VA medical center suspended an employee, then rescinded the suspension and paid backpay the day before the arbitration hearing. The union continued to seek attorney fees. The arbitrator denied fees because the employee had not obtained an enforceable ruling on the suspension and therefore was not…
United States Department of Veterans Affairs, Boston Healthcare System, Boston, Massachusetts (Agency) and American Federation of Government Employees, Local 221 (Union)
VA Boston Healthcare System and AFGE Local 221 (FLRA 0-AR-4969): Employee remedy upheld
An arbitrator found that VA Boston lacked just cause to suspend a clinical psychologist for fourteen days and that his reassignment was punitive. She ordered the agency to rescind the suspension, restore lost pay and benefits, return him to his prior assignment and committees, and restore his…
A.Q. and U.S. Postal Service, Postal Annex, Miami, FL
A.Q. and Miami Postal Annex (ECAB 14-1782): Ankle and knee injury claim denied
A.Q., a postal carrier assistant, reported left ankle pain after completing a delivery route and later sought benefits for ankle and right knee injuries. OWCP accepted that a work incident occurred but found the medical evidence insufficient to link it to his conditions. The Board agreed that the…
R.C. and U.S. Postal Service, Post Office, Los Angeles, CA
R.C. and Los Angeles Post Office (ECAB 14-1696): Adjustment clerk wage capacity upheld
R.C., a letter carrier with accepted knee injuries, received disability compensation and completed a vocational training program. OWCP reduced his benefits based on a constructed adjustment clerk job. The Board found that the sedentary position fit his medical restrictions and the medical claims…
C.C. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service, Detroit Field Office, Romulus, MI
C.C. and Federal Air Marshal Service (ECAB 14-1667): Infection claim denied
C.C., a federal air marshal, developed cellulitis in his right hand and arm after international work travel. OWCP accepted that he had traveled for work and that physicians diagnosed the infection. The Board held that the medical reports did not establish where he acquired it or connect it to a…
A.M. and U.S. Postal Service, Post Office, Indianapolis, IN
A.M. and Indianapolis Post Office (ECAB 14-1615): Lumbar condition denial affirmed
A.M., a postal distribution clerk, attributed several lumbar conditions to years of bending, twisting, and lifting mail. OWCP accepted her description of those duties but found the medical evidence insufficient to establish causation. The Board found that one physician gave inconsistent views about…
W.D. and U.S. Postal Service, Post Office, Chicago, IL
W.D. and Chicago Post Office (ECAB 14-1453): Fall injury claim denied
W.D., a postal ramp clerk, fell over a pallet at work and was treated for internal bleeding and anemia. The Board accepted that the fall occurred but held that the physician reports did not specifically explain how it caused the diagnosed conditions. Those reports recorded the fall and the…
D.T. and U.S. Postal Service, Post Office, Clyde, TX
D.T. and Clyde Post Office (ECAB 14-1440): Claimed carpal tunnel disability recurrence denied
D.T., a rural postal carrier, returned to limited duty after surgery for accepted carpal tunnel syndrome in both hands. She stopped working on March 11, 2013 and claimed a recurrence of total disability from that date. The Board found that her surgeon’s examination that day was normal and did not…
M.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX
M.B. and Houston VA Medical Center (ECAB 14-1286): Carpal tunnel claim denied
M.B., an information technology specialist, attributed left carpal tunnel syndrome to repeated typing and computer work. OWCP accepted his account of his duties and the diagnosis but denied the claim for lack of medical evidence connecting the two. The Board held that the treatment note offered to…
W.H. and U.S. Postal Service, Post Office, Tampa, FL
W.H. and Tampa Post Office (ECAB 14-1153): Injury benefit termination reversed
W.H., a postal carrier, received benefits for several accepted injuries from a work related vehicle accident. OWCP terminated the benefits after a referral physician said the injuries had resolved. The Board found that the physician had recorded pain and reduced motion but had not adequately…
American Federation of Government Employees, Local 0342 (Union) and United States Department of Veterans Affairs, Medical Center, Wilmington, Delaware (Agency)
AFGE Local 0342 and VA Wilmington Medical Center (FLRA 0-AR-5008): Unsupported exceptions denied
The union at the VA Wilmington Medical Center challenged an arbitration award. The Authority issued an abbreviated decision that does not describe the grievance or the award's terms. The union claimed that the award conflicted with law and rested on incorrect facts, but did not support either…
American Federation of Government Employees, Local 918 (Union) and United States Department of Homeland Security, National Protection and Programs Directorate, Federal Protective Service (Agency)
AFGE Local 918 and Federal Protective Service (FLRA 0-AR-4910): Three-day suspension upheld
The Federal Protective Service suspended an inspector for three days after he missed a deadline for a facility security assessment report. An arbitrator credited the supervisor's account of the deadline and declined to cancel the suspension. The union argued that the arbitrator had omitted legal…
Secretary of Labor v. Hecla Limited
Injured miners allowed to intervene
Four miners were injured in a rock burst at Hecla Limited's Lucky Friday Mine, and the related penalty cases involved withdrawal orders issued after MSHA's investigation. The miners asked to intervene, in part because information from the Commission cases could matter to their separate state…
J.D. and Department of the Navy, Marine Corps Installations Command, Washington, DC
J.D. and Marine Corps Installations Command (ECAB 14-1802): Reconsideration refusal affirmed
J.D., a Marine Corps information technology specialist, claimed injuries after tripping over loose cables at work. OWCP denied the claim, finding that the record had not established the incident or a firm medical diagnosis. J.D. later requested reconsideration but submitted no new evidence or…
A.W. and U.S. Postal Service, Post Office, Johnson City, TN
A.W. and U.S. Postal Service (ECAB 14-1756): Shoulder injury denial affirmed
A.W., a rural mail carrier, claimed that years of casing and loading mail caused a right rotator cuff tear. OWCP accepted her work activities but found that her medical evidence did not explain how those duties caused the tear. The Board agreed that her physician's general suggestion about…
T.N. and U.S. Postal Service, Post Office, South Hackensack, NJ
T.N. and U.S. Postal Service (ECAB 14-1733): Back injury denial affirmed
T.N., a city mail carrier, claimed a back injury after pushing mail hampers onto a lift in October 2012. OWCP accepted that the incident occurred but found that the medical evidence did not establish an injury caused by it. The Board agreed. One doctor diagnosed back conditions without addressing…
T.M. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
T.M. and Puget Sound Naval Shipyard (ECAB 14-1631): Hearing loss claim remanded
T.M., a retired Navy shipyard rigger, filed a hearing loss claim more than 20 years after his last claimed workplace noise exposure. OWCP denied it as untimely, finding no evidence that T.M. had participated in a hearing conservation program at the shipyard. T.M. said that the shipyard gave him…
L.D. and U.S. Postal Service, Post Office, New Milford, CT
L.D. and U.S. Postal Service (ECAB 14-1627): Overpayment amount sent back
L.D., a postal letter carrier, returned to part-time work while OWCP continued paying her for total disability. OWCP found a $1,607.94 overpayment and denied waiver because she had not supplied requested financial information. The Board agreed that she had received an overpayment but found that…
V.P. and Department of the Navy, Naval Air Systems Command, San Diego, CA
V.P. and Naval Air Systems Command (ECAB 14-1557): Recurrence denial affirmed
V.P., a former Navy machinist tool operator, sought renewed treatment for neck pain linked to a 1994 workplace injury. OWCP had accepted a cervical strain but denied his recurrence claim after a long gap in documented care. The Board agreed because the doctors did not explain why the accepted…
B.P. and Social Security Administration, Office of General Counsel, San Francisco, CA
B.P. and Social Security Administration (ECAB 14-1284): Reconsideration refusal affirmed
B.P., an attorney, had an accepted temporary aggravation of an anxiety disorder linked to workplace conduct by a supervisor. OWCP later denied wage-loss compensation for a period in 2012, and B.P. sought reconsideration. Her new medical report discussed additional alleged workplace events but did…
Sport Air Traffic Controllers Organization (Union) and United States Department of the Air Force, Edwards Air Force Base, California (Agency)
Sport Air Traffic Controllers and Edwards Air Force Base (FLRA 0-AR-5011): Furlough ruling left in place
Edwards Air Force Base began furloughing Sport Air Traffic Controllers employees before bargaining over the furlough plan had finished. An arbitrator found that the agency had shown the furloughs were necessary for its functioning, and the Authority had already denied the union's challenge to that…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and American Federation of Government Employees, Local 1210, National Immigration and Naturalization Service Council (Union)
Customs and Border Protection and AFGE Local 1210 (FLRA 0-AR-4901): Foreign-language award reconsideration denied
After Customs and Border Protection merged inspection functions, immigration inspectors did not immediately receive the foreign-language awards already paid to customs inspectors. An arbitrator found violations of law and the union agreement, but the Authority set aside the award because the…
E.S. and Department of Commerce, Bureau of the Census, Jeffersonville, IN
E.S. and Bureau of the Census (ECAB 14-1787): Finger impairment claim remanded
E.S., a Census Bureau geography clerk, fractured her right ring finger at work and later sought a schedule award for permanent impairment. Her examiner rated impairment, while an OWCP medical adviser questioned the difference between recent findings and an earlier examination. The adviser had not…
M.D. and Department of Homeland Security, Transportation Security Administration, St. Louis, MO
M.D. and Transportation Security Administration (ECAB 14-1700): Shoulder injury denial affirmed
M.D., an airport security officer, reported shoulder pain after pulling a bag from an x-ray tunnel at work. OWCP accepted that the incident occurred but denied the claim for lack of a medical link to her shoulder conditions. The Board affirmed. Her doctors documented symptoms and diagnoses, but…
R.R. and U.S. Postal Service, Murray Hill Post Office, New York, NY
R.R. and U.S. Postal Service (ECAB 14-1685): Injury claim denial affirmed
R.R., a letter carrier, was struck in the chest while delivering mail and was taken by ambulance to an emergency room. OWCP accepted that the incident happened but denied his injury claim because it had no physician's report diagnosing a condition and explaining its link to the incident. The Board…
J.V. and U.S. Postal Service, Post Office, El Paso, TX
J.V. and U.S. Postal Service (ECAB 14-1638): Additional schedule award denied
J.V., a letter carrier, had already received a schedule award for 11 percent impairment of his right arm after an accepted workplace injury. OWCP later awarded one additional percentage point and found no left arm impairment. The Board found that OWCP had incorrectly combined a current wrist…
J.K. and U.S. Postal Service, Post Office, Fort Worth, TX
J.K. and U.S. Postal Service (ECAB 14-1545): Back injury denial affirmed
J.K., a postal maintenance mechanic, reported back pain after lifting a conveyor roller at work. OWCP accepted the incident but denied the claim, treating his chiropractor's reports as outside the FECA definition of physician. The Board found that the chiropractor did qualify as a physician because…
M.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Alexandria, LA
M.M. and Veterans Administration Medical Center (ECAB 14-1166): Wage capacity decision remanded
M.M., a nurse injured while lifting a patient, had returned to a modified program support job before stopping work again. OWCP denied her request to change an earlier wage-earning capacity determination. The Board found that OWCP had not adequately considered medical reports about all her accepted…
E.P. and Department of Homeland Security, Customs & Border Protection, Atlanta, GA
E.P. and Customs & Border Protection (ECAB 14-1027): Carpal tunnel claim denied
E.P., an entry specialist, claimed that extensive typing at work caused or aggravated carpal tunnel syndrome in both wrists. OWCP accepted her typing duties and the diagnosis but found the medical evidence insufficient to link them. The Board affirmed. Her doctor's brief reports lacked a full…
K.C. and U.S. Postal Service, Post Office, Bellmawr, NJ
K.C. and U.S. Postal Service (ECAB 14-853): Schedule award denial affirmed
K.C., a former letter carrier, sought a schedule award for arm impairment after OWCP accepted work-related tenosynovitis of both wrists. Her doctor calculated substantial impairment using findings from a 2004 examination to apply later rating standards. The Board found those findings too old to…
P.L. and Department of State, Bureau of Diplomatic Security, Atlanta, GA
P.L. and Bureau of Diplomatic Security (ECAB 14-723): Wrist injury denial affirmed
P.L. claimed that unlocking a heavy door at work caused pain in his left wrist and fingers. OWCP accepted that the incident occurred but found no medical evidence linking it to his diagnosed carpal tunnel syndrome. The Board affirmed. His doctor's reports recorded P.L.'s account of the event and…
Brody Mining, LLC v. Secretary of Labor; Secretary of Labor v. Brody Mining, LLC
Brody Mining, LLC v. Secretary of Labor (FMSHRC WEVA 2014-82-R, et al.): Stay of pattern-notice dismissal denied
Judge William B. Moran had dismissed MSHA's pattern-of-violations action against Brody Mining, which prevented new section 104(e) withdrawal orders based on that notice. The Secretary sought an emergency stay while preparing an interlocutory appeal. The Judge found the Secretary had not shown…
Archer Daniels Midland Co.
In re Archer Daniels Midland Co. (EAB UIC Appeal No. 14-72): petition dismissed
Jeffrey Sprague filed a petition seeking review of an Underground Injection Control permit issued to Archer Daniels Midland Company for its Decatur, Illinois, Facility CCS#2. He later filed a Notice of Voluntary Dismissal. The Environmental Appeals Board dismissed the petition.
Samuel Jackson v. Ceres Marine Terminals, Incorporated
Jackson v. Ceres Marine Terminals (BRB 14-0071): psychological injury award affirmed
Samuel Jackson was operating a forklift at Ceres Marine Terminals when he accidentally struck and killed a coworker. An administrative law judge found that Jackson developed work-related post-traumatic stress disorder and awarded continuing temporary total disability and medical benefits. The Board…
F.S. and Department of Agriculture, Forest Service, Cass Lake, MN
F.S. and Forest Service (ECAB 14-1751): Fall injury denial affirmed
F.S., a forestry aid, slipped on ice while carrying a box at work and reported left arm and shoulder injuries. OWCP accepted the fall but found the medical evidence insufficient to link a diagnosed condition to it. The Board affirmed. The physician's note gave neither a firm diagnosis nor a…
D.E. and Department of Transportation, Federal Aviation Administration, Renton, WA
D.E. and Federal Aviation Administration (ECAB 14-1632): Benefit termination affirmed
D.E., an FAA specialist, had several accepted injuries after his vehicle was struck from behind while he was working. OWCP later ended his compensation benefits after a second opinion examiner found that the accepted conditions had resolved without residuals. The Board affirmed. It found that the…
S.S. and Department of Justice, Executive Office for Immigration Review, Falls Church, VA
S.S. and Executive Office for Immigration Review (ECAB 14-1610): Wrist award denial affirmed
S.S., a legal assistant, sought a schedule award after surgery for an accepted left wrist ganglion cyst. Her surgeon assigned a two percent impairment rating using a state rating guide. OWCP requested an evaluation under the required federal impairment guide, but none was submitted. The Board…
V.G. and U.S. Postal Service, Post Office, Los Angeles, CA
V.G. and U.S. Postal Service (ECAB 14-1571): Benefit termination reversed
V.G., a mail handler, received benefits for accepted foot, low back, and buttock conditions. OWCP ended both compensation and medical benefits after a second opinion examiner said the work-related conditions had resolved. The Board reversed because that examiner did not adequately explain his…
E.V. and U.S. Senate Sergeant-at-Arms Technology Development, Washington, DC
E.V. and U.S. Senate Sergeant-at-Arms (ECAB 14-1555): Back condition denial affirmed
E.V., a software specialist, claimed that prolonged sitting in a poorly fitting workstation chair aggravated his back conditions. OWCP accepted that he sat for long periods at work but denied the claim for lack of a supported medical link. The Board affirmed. His doctor's reports described a…
T.G. and U.S. Postal Service, Processing & Distribution Center, Birmingham, AL
T.G. and U.S. Postal Service (ECAB 14-1543): Shoulder injury denial affirmed
T.G., a mail processing clerk, reported a right shoulder injury while moving a tray of mail at work. OWCP accepted the incident but found no diagnosed shoulder condition medically linked to it. The Board affirmed. The shoulder reports described pain without a firm diagnosis, and a doctor's later…
K.G. and Department of Veterans Affairs, Veterans Health Administration, Brockton, MA
K.G. and Veterans Health Administration (ECAB 14-1539): Reconsideration refusal affirmed
K.G., a nurse with an accepted work-related neck sprain, sought reconsideration after OWCP ended her compensation and medical benefits. She submitted reports about continuing neck and arm symptoms. The Board affirmed OWCP's refusal to reopen the case because the new reports did not explain whether…
F.J. and U.S. Postal Service, Post Office, Dearborn, MI
F.J. and U.S. Postal Service (ECAB 14-1492): Leg impairment award denied
F.J., a letter carrier with an accepted aggravation of herniated lumbar discs, sought a schedule award. FECA does not provide a schedule award for impairment of the back itself, so the relevant question was whether the spinal condition caused permanent leg impairment. A second opinion examination…
R.G. and Department of Homeland Security, Transportation Security Administration, Baton Rouge, LA
R.G. and Transportation Security Administration (ECAB 14-1489): Wage-loss claim denial affirmed
R.G., a security screener with an accepted lumbar disc condition, claimed wage-loss compensation for a period in 2011 and 2012. OWCP denied the claim because the medical reports did not explain disability caused by the accepted injury during the claimed period. The Board affirmed. Brief statements…
R.S. and Department of Homeland Security, Customs & Border Patrol, Tucson, AZ
R.S. and Customs & Border Patrol (ECAB 14-1472): Hearing award remanded
R.S., a border patrol agent, received a schedule award based on a 15 percent binaural hearing loss calculation. A different audiogram in the record would produce a 16 percent rating under the same formula. OWCP's medical adviser had selected the lower result based on possible Eustachian tube…
J.H. and Department of Defense, Defense Finance & Accounting Service, Columbus, OH
J.H. and Defense Finance & Accounting Service (ECAB 14-1463): Overpayment and waiver denial affirmed
J.H. had received a schedule award for 20 percent impairment of her left arm. A later examination under the same impairment guide rated it at 11 percent, and OWCP found that the difference created a $16,757.66 overpayment. The Board upheld that calculation. It also upheld denial of a waiver because…
S.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Gainesville, FL
S.P. and Veterans Administration Medical Center (ECAB 14-1386): Wrist condition claim remanded
S.P., a medical technologist, claimed that repetitive work caused bilateral carpal tunnel syndrome and a right index trigger finger. Her doctor and an OWCP examiner disagreed about causation, so OWCP obtained an impartial examination and denied the claim based on it. The Board found that the…
R.F. and Department of the Navy, Public Works Center, San Diego, CA
R.F. and Navy Public Works Center (ECAB 14-1304): Benefit termination reversed
R.F., a former Navy warehouse employee, received benefits after an accepted back injury and surgical fusion. OWCP ended her benefits based on a second opinion that the work-related conditions had resolved. Her treating surgeon disagreed, citing later imaging as evidence of a nonhealing fusion and…
J.K. and U.S. Postal Service, Processing & Distribution Center, New York, NY
J.K. and U.S. Postal Service (ECAB 14-1146): Back injury claim remanded
J.K., a mail handler, reported back pain after pulling a stuck gate on a postal container. OWCP accepted the incident but denied the claim for lack of a sufficiently reasoned medical link to her diagnosed back conditions. The Board agreed that her neurologist had not fully explained how the event…
M.A. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
M.A. and U.S. Postal Service (ECAB 14-1070): Hearing rescheduled
M.A. sought a hearing after OWCP denied her recurrence claim, but OWCP treated the hearing request as abandoned when she did not appear. She said she never received the hearing notice. The Board found that OWCP had mailed the notice without a zip code, so the usual presumption that a properly…
C.F. and Social Security Administration, Atlanta, GA
C.F. and Social Security Administration (ECAB 14-427): Extremity award denial affirmed
C.F., a Social Security claims representative, sought a schedule award after an accepted workplace fall affecting his cervical and lumbar spine. FECA does not pay a schedule award for the spine itself, so the Board considered whether the accepted conditions permanently impaired an arm or leg. A…
J.F. and U.S. Postal Service, Post Office, Houston, TX
J.F. and U.S. Postal Service (ECAB 14-1589): Late reconsideration refusal affirmed
J.F. again asked OWCP to reconsider its denial of an August 2000 shoulder injury claim. His 2013 request came more than a year after the last decision on the claim's merits in April 2002. The Board held that later decisions about earlier reconsideration requests did not restart that filing period…
M.M. and U.S. Postal Service, International Bulk Mail Center, Jersey City, NJ
M.M. and U.S. Postal Service (ECAB 14-1517): Premises fall denial affirmed
M.M., a mail handler, injured her knee on a path at the postal facility before her scheduled shift. She arrived about one hour and ten minutes early amid disruptions following Hurricane Sandy. The Board acknowledged those circumstances but found no evidence that the employer required or encouraged…
D.D. and U.S. Postal Service, Post Office, Decatur, IL
D.D. and U.S. Postal Service (ECAB 14-1503): Wage capacity ruling affirmed
D.D., a letter carrier, had returned to a modified full-time position after accepted back and neck injuries. He later sought to change a wage-earning capacity determination, saying his condition had worsened and his new restrictions prevented him from working. The Board affirmed OWCP's refusal…
M.B. and U.S. Postal Service, Basking Ridge Post Office, Basking Ridge, NJ
M.B. and U.S. Postal Service (ECAB 14-1390): Benefit case remanded again
M.B. appealed OWCP's termination of compensation and medical benefits. In an earlier appeal, the Board had directed OWCP to combine related claim files and issue new decisions on disability. OWCP had not completed those steps before deciding the benefit issues again. The Board remanded the case and…
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.