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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J.H. and Department of Homeland Security, Transportation Security Administration, Coppell, TX
J.H. and Department of Homeland Security (ECAB 14-1219): Crosswalk injury claim remanded
J.H., an airport security officer, reported being struck by a vehicle in a crosswalk between a terminal and parking garage during his scheduled shift. OWCP denied his claim based on insufficient medical evidence of causation. The Board found that OWCP had not adequately determined whether he was in…
J.S. and U.S. Postal Service, Post Office, Denver, CO
J.S. and U.S. Postal Service (ECAB 14-1203): Timely hearing request requires remand
J.S. challenged OWCP's denial of his injury claim. His request for a hearing was postmarked within 30 days of the denial, but OWCP did not act on it. OWCP later rejected a reconsideration request as untimely. The Board held that J.S. had requested a hearing on time and that OWCP should address the…
J.K. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA
J.K. and Department of Defense (ECAB 14-1082): Late hearing loss reconsideration denied
J.K. had received a schedule award for 36 percent binaural hearing loss after credit for a prior award. He later sought more compensation based on tinnitus and a claimed higher degree of hearing loss. OWCP denied reconsideration of its June 2011 award because the request was late and showed no…
M.M. and Department of Labor, Mine Safety & Health Administration, Madisonville, KY
M.M. and Department of Labor (ECAB 14-1034): Knee replacement claim denied
M.M., a mine inspector, injured his right knee during a 1987 electrical inspection, and OWCP accepted knee tendinitis. He underwent a right knee replacement in 2007 for advanced degenerative arthritis. His physician linked the surgery to years of underground coal mining work but did not explain how…
J.V. and U.S. Postal Service, Post Office, Amherst, NY
J.V. and U.S. Postal Service (ECAB 14-1025): Back injury claim denied
J.V., a letter carrier with a prior accepted back injury, reported back pain after turning and lifting mail from his vehicle in June 2012. OWCP accepted that the incident occurred and that he had a diagnosed lumbar condition, but denied the new injury claim for lack of medical proof connecting…
L.P. and U.S. Postal Service, Post Office, Brooklyn, NY
L.P. and U.S. Postal Service (ECAB 14-0941): Moped incident claim denied
L.P., a letter carrier, reported that a moped struck her while she was crossing a street on her delivery route. OWCP asked for more detail about the incident, but she did not respond. The Board found the accounts of where the moped struck her were too vague and inconsistent to establish that the…
T.C. and U.S. Postal Service, Post Office, Greensville, SC
T.C. and U.S. Postal Service (ECAB 14-0878): Second cervical fusion not authorized
T.C., a mail handler, had an accepted cervical condition and a previously authorized fusion at C6-C7. His surgeon later requested a second fusion at C4-C5. OWCP denied authorization after its medical reviewers found insufficient support for the proposed surgery. The Board held that the surgeon had…
M.R. and U.S. Postal Service, Post Office, South Gate, CA
M.R. and U.S. Postal Service (ECAB 14-0844): Overpayment confirmed, fault finding set aside
M.R. received wage loss compensation and later elected federal retirement benefits effective September 1, 2013. Because he received both for the same period, the Board upheld OWCP's calculation of a $5,301.84 overpayment. It found that OWCP had not shown M.R. knew or should have known either direct…
Daniel O'Donnell v. Nautilus Marine Protection, Incorporated
O'Donnell v. Nautilus Marine Protection (BRB 14-0147): river boom worksite falls outside Longshore Act
Daniel O'Donnell worked for Nautilus Marine Protection on a project to install a trash collection boom in the Los Angeles River. A falling storage container struck him at the land-based worksite, causing the loss of both legs and internal injuries. He sought Longshore Act benefits, which the…
K.W. and Corporation for National & Community Service, AmeriCorps VISTA Enrollees, Habitat for Humanity, Spokane, WA
K.W. and Corporation for National & Community Service (ECAB 14-1620): Injury claim denial affirmed
K.W. claimed back and shoulder injuries after moving furniture at work in June 2012. OWCP accepted that the incident occurred but denied the claim because the medical evidence did not explain how it caused the claimed conditions. On reconsideration, she submitted a new orthopedic report and…
Y.C. and U.S. Postal Service, Post Office, Philadelphia, PA
Y.C. and U.S. Postal Service (ECAB 14-1605): Wage capacity review required
Y.C. disputed OWCP's earlier determination that an accounting clerk position represented her wage earning capacity. Her attorney's January 2014 letter asked OWCP to modify that determination, arguing it had omitted a right shoulder condition. OWCP treated the letter as a request for reconsideration…
A.V. and Department of Homeland Security, Customs & Border Patrol, McAllen, TX
A.V. and Department of Homeland Security (ECAB 14-1465): Late hearing request denied
A.V., a border patrol agent, sought an oral hearing on OWCP's 2010 denial of his injury claim. He did not request the hearing until May 2014, well beyond the 30-day period for a hearing as of right. OWCP considered whether to grant a discretionary hearing but declined because he could seek…
A.B. and Department of Veterans Affairs, Veterans Health Administration, Akron, OH
A.B. and Department of Veterans Affairs (ECAB 14-1427): Late reconsideration denied
A.B. had accepted chest, neck, and lower back strains from lifting a patient, but OWCP later terminated his benefits. He requested reconsideration more than a year after OWCP's most recent merits decision. OWCP denied the late request because it did not show clear error. The Board found that a…
S.B. and U.S. Postal Service, Post Office, Absecon, NJ
S.B. and U.S. Postal Service (ECAB 14-1423): Emotional condition ruling corrected
S.B. sought to establish more work factors for an emotional condition claim that OWCP had already accepted on other grounds. The Board clarified that a supervisor's improper telephone contact with her physician was a compensable factor, as an earlier OWCP decision had recognized. It found…
M.O. and U.S. Postal Service, Post Office, Troy, OH
M.O. and U.S. Postal Service (ECAB 14-0928): Foot impairment rating remanded
M.O., a postal clerk, sought a schedule award after accepted injuries to her right foot, ankle, and lower leg. Her physician rated her right leg impairment at one percent, while OWCP's second opinion physician and medical adviser found no ratable impairment. The Board found a medical conflict…
A.M. and Department of Veterans Affairs, Veterans Health Administration, Los Angeles, CA
A.M. and Department of Veterans Affairs (ECAB 14-0320): Hip and back claim remanded
A.M., a Veterans Affairs teller, claimed that years of standing and walking at work caused or aggravated hip, back, and leg conditions. Her physician attributed the diagnosed conditions to those duties, while OWCP's second opinion physician found the conditions preexisting and degenerative. The…
P.T. and U.S. Postal Service, Post Office, White Plains, NY
P.T. and U.S. Postal Service (ECAB 14-0100): Shoulder incident claim denied
P.T., a mail handler, reported hurting his right shoulder while pushing a mail hamper at work. OWCP sought more details about the incident, but the record did not establish the time, place, load, or manner in which it occurred. The Board found that his general account did not prove the claimed work…
National Association of Independent Labor, Local 17 (Union) and United States Department of the Navy, Naval Air Station-Joint Reserve Base, New Orleans, Louisiana (Agency)
New Orleans naval air station and NAIL Local 17 (FLRA 0-AR-5022): Mardi Gras leave grievances denied
Employees at a New Orleans naval air station sought restoration of annual leave they said they had to use on Mardi Gras. A federal impasses panel had ordered restoration for employees required to take leave because supervisors told them their workplaces would close. An arbitrator denied the…
United States Department of the Air Force, Warner Robins Air Logistics Complex, Robins Air Force Base, Georgia (Agency) and American Federation of Government Employees, Local 987 (Union)
Robins Air Force Base and AFGE Local 987 (FLRA 0-AR-5010): Comp time backpay upheld
An employee at Robins Air Force Base received less pay for unused compensatory time than he would have received for the same overtime hours when worked. An arbitrator found that the agency's calculation omitted part of the night-shift differential and violated the Fair Labor Standards Act. The…
Matter of UNITED FARM WORKERS FOUNDATION, Applicant
Matter of UNITED FARM WORKERS FOUNDATION (BIA ID 3821): one accreditation application can cover recognized branches
The Board considered five applications by the United Farm Workers Foundation to accredit Luis Guerra at separate recognized branch offices. The Board approved the applications and changed its prior practice of requiring a separate accreditation application for each branch. It held that a recognized…
Matter of AYUDA, Applicant
Matter of AYUDA (BIA ID 3820): recognition approved under individualized fee review
The Board reviewed Ayuda's application for recognition of its Falls Church office as a nonprofit organization providing low-cost immigration legal services. The Board clarified that whether fees are nominal must be decided case by case, considering the organization's location, services, costs, fee…
Matter of ST. FRANCIS CABRINI IMMIGRATION LAW CENTER, Applicant
Matter of ST. FRANCIS CABRINI IMMIGRATION LAW CENTER (BIA ID 3819): recognition denied over nonprofit and independence concerns
The Board reviewed the Saint Francis Cabrini Immigration Law Center's application for recognition as a nonprofit organization providing low-cost immigration legal services. The Department of Homeland Security recommended denial because the organization had not established nonprofit status and…
J.S. and General Services Administration, Office of Federal Supplies & Services, Duluth, GA
J.S. and General Services Administration (ECAB 14-1676): Reconsideration denial affirmed
J.S. sought reconsideration after his compensation for accepted back and post-traumatic stress conditions had been terminated. He disputed medical opinions that supported termination and resubmitted an earlier psychiatric report. The Board found that he offered no relevant new medical evidence or…
T.T. and Tennessee Valley Authority, Chattanooga, TN
T.T. and Tennessee Valley Authority (ECAB 14-1616): Hearing-loss denial returned for a fuller medical opinion
T.T., a boilermaker, claimed that noise during his federal employment caused right-ear hearing loss. OWCP accepted his noise exposure and diagnosis but denied a causal connection based on a referral physician’s opinion. The Board found that the physician had not reviewed earlier hearing tests or…
W.K. and U.S. Postal Service, Bellevue Post Office, Seattle, WA
W.K. and U.S. Postal Service, Bellevue Post Office (ECAB 14-1504): Emotional-condition denial and refusal to reopen affirmed
W.K., a postal letter carrier, attributed anxiety to a postmaster’s conduct while she waited for a union steward before an investigative interview. The Board found no corroboration that the postmaster yelled at or abused her, and the record showed that the steward attended the interview. It held…
K.M. and U.S. Postal Service, Post Office, Cincinnati, OH
Right-eye injury claim denial affirmed
K.M., a postal postmaster, claimed that lifting heavy boxes at work caused a right retinal detachment. His treating physician considered lifting a possible cause, while another physician disagreed. OWCP obtained an impartial medical opinion from Dr. Benza, who reviewed the record and explained why…
J.O. and Department of the Navy, Air Systems Command, Cherry Point, NC
J.O. and Department of the Navy, Air Systems Command (ECAB 14-1359): Hearing award denial upheld, hearing-aid issue returned
J.O., a former Navy jet engine mechanic, had an accepted claim for hearing loss from workplace noise but no ratable impairment at the time his federal noise exposure ended. The Board upheld OWCP’s finding that later deterioration had not been shown to result from that work, so it affirmed the…
B.T. and Department of the Army, U.S. Army Training & Doctrine Command, Fort Rucker, AL
B.T. and Department of the Army, U.S. Army Training & Doctrine Command (ECAB 14-1332): Recurrence claim denial affirmed
B.T., a former Army heating and air conditioning mechanic, had an accepted 1997 lower back sprain. He sought additional treatment in 2013 after back and leg pain returned. The Board found that the submitted medical reports did not explain how his current condition was caused by the accepted injury…
J.B. and Department of Homeland Security, Transportation Security Administration, Logan International Airport, East Boston, MA
J.B. and Transportation Security Administration (ECAB 14-1164): Refusal to reopen compensation case affirmed
J.B., a TSA screening agent, sought to reopen a decision ending his wage-loss compensation after he declined a modified job offer. He again argued that his prescribed medication and a physician’s six-hour work limit made the full-time job unsuitable. The Board found those arguments and the medical…
DeMouy General Contracting, Inc.
Scaffold fall-protection item affirmed against owner and employee
The owner of DeMouy General Contracting and an employee worked about 20 feet above ground on a pump-jack scaffold without effective fall protection. The judge held that the owner was an employee under the OSH Act while performing construction work for the corporation, despite his belief that owners…
R.H. and U.S. Postal Service, Embarcadero Postal Center, San Francisco, CA
R.H. and U.S. Postal Service, Embarcadero Postal Center (ECAB 14-0415): Additional leg impairment award denied
R.H., a postal carrier, had received schedule awards totaling 18 percent left leg impairment and 8 percent right leg impairment after accepted ankle injuries. She requested a larger award, but the medical ratings did not establish impairment above those levels. The Board upheld OWCP’s denial of an…
A.K. and U.S. Postal Service, Post Office, Boston, MA
Neck and back injury denial returned for medical review
A.K., a postal window clerk, claimed neck and back injuries after lifting mail and bending at work. The Board found that the May 4, 2010 workplace incident had occurred. His physician’s reports did not fully prove causation, but they raised an uncontradicted inference that the duties caused or…
Secretary of Labor v. Delta Concrete Products, Inc.
Eight violations upheld and scale-road citation vacated
MSHA contested nine conditions at Delta Concrete Products' small Alaska gravel operation, including electrical wiring and grounding, a damaged handrail, an unstable ramp wall, and missed workplace examinations. Judge David P. Simonton upheld eight violations, including all five electrical citations…
Secretary of Labor v. Northern Illinois Service Company
Ten violations upheld and seat-belt citation vacated
MSHA cited Northern Illinois Service Company's two portable limestone-crushing plants near Rockford, Illinois, for electrical, guarding, equipment, berm, training-record, fire-extinguisher, and examination-record conditions. Judge L. Zane Gill upheld ten violations and vacated one citation…
Secretary of Labor v. SCH Terminal Company, Inc.
Barge lighting violation upheld and three citations vacated
MSHA issued four citations after a deckhand drowned while measuring a coal barge at SCH Terminal Company's riverside loading facility. Judge David P. Simonton vacated the fall-protection citation because the movable-barge setting made tie-off infeasible, the company required approved life vests…
G.S. and Department of Justice, Federal Bureau of Investigation, Sioux Falls, SD
G.S. and Federal Bureau of Investigation (ECAB 14-1678): Fall injury claim denial affirmed
G.S., an FBI victim specialist, reported back and rib symptoms after she fell on ice while walking to work. OWCP accepted the fall but denied the claim because the medical evidence did not connect a diagnosed condition to it. The Board found that one physician diagnosed a thoracic muscle injury…
W.V. and U.S. Postal Service, Post Office, Islandia, NY
Refusal to reopen back injury claim affirmed
W.V., a postal mail handler, sought to reopen a claim for a back injury while unloading mail. The Board found that his new medical submissions did not address the missing reasoned link between a diagnosed condition and the accepted work incident. It affirmed OWCP’s refusal to reopen the claim…
T.S. and Department of Homeland Security, Transportation Security Administration, Fort Lauderdale, FL
T.S. and Transportation Security Administration (ECAB 14-1606): Late reconsideration refusal affirmed
T.S., a transportation security officer, sought reconsideration of a 2010 decision ending wage-loss benefits after an accepted injury. OWCP received his request in January 2014, beyond the one-year limit. The Board found that his new reports and arguments about additional conditions and disability…
A.C. and U.S. Postal Service, Post Office, Edison, NJ
Recurrence of disability denial affirmed
A.C., a postal letter carrier with an accepted back injury, said her limited-duty route changed when she was required to use a mailbag. The Board had earlier sent the case back for OWCP to investigate whether her assignment had changed. After that investigation, the Board found insufficient…
R.H. and Department of Veterans Affairs, Veterans Health Administration, Jackson, MS
R.H. and Department of Veterans Affairs, Veterans Health Administration (ECAB 14-1495): Shoulder and neck injury denial affirmed
R.H., a Veterans Affairs maintenance worker, reported shoulder and neck pain after knocking down a wall with a sledgehammer. The Board accepted that the work incident occurred but found the medical evidence did not establish a firm diagnosis linked to it. Reports describing pain or a possible tear…
M.M. and U.S. Postal Service, Post Office, Santa Clarita, CA
Back and leg claim denial affirmed
M.M., a postal mail handler, attributed back and right leg symptoms to several days of lifting heavy mail trays. Although she first filed a traumatic injury form, the Board reviewed the claim as occupational disease because the duties extended beyond one shift. Her physicians diagnosed lumbar…
J.P. and Department of Veterans Affairs, Harbor Healthcare System, Brooklyn, NY
J.P. and Department of Veterans Affairs, Harbor Healthcare System (ECAB 14-1328): Hip disability recurrence denial affirmed
J.P., a Veterans Affairs psychologist, had an accepted hip fracture and later worked in a limited-duty position from home. She sought compensation for a period when she said worsening hip symptoms prevented her from working. The Board found that her physicians had not adequately explained how the…
K.C. and Department of Commerce, Economics & Statistics Administration, Census Bureau, Bowling Green, KY
K.C. and Census Bureau (ECAB 14-1212): Termination of back injury benefits affirmed
K.C., a census enumerator, received compensation after an accepted back injury from a fall at work. OWCP later ended wage-loss and medical benefits, finding that the accepted conditions had resolved. The Board credited a second-opinion surgeon’s explanation that surgery stabilized her lumbar spine…
S.C. and Department of the Navy, Naval Supply Center, Williamsburg, VA
S.C. and Department of the Navy, Naval Supply Center (ECAB 14-1036): Dual-benefit overpayment and waiver denial affirmed
S.C., a former Navy employee, received FECA wage-loss compensation for an accepted depression claim and VA disability benefits for the same condition. The Board held that the concurrent payments created a $428,487.73 FECA overpayment. Although he had informed OWCP about his VA benefits and was…
Secretary of Labor on behalf of Thomas A. Simpkins, Bucky Thompson, Matthew G. Totten, and Joseph A. Whipkey v. TK Mining Services, LLC and The Marshall County Coal Company
Secretary of Labor on behalf of Thomas A. Simpkins, et al. v. TK Mining Services, LLC and The Marshall County Coal Company (FMSHRC WEVA 2015-99-D, et al.): Two rock-dust work-refusal claims support reinstatement
Four TK Mining Services laborers stopped shoveling beside a moving belt when airborne rock dust impaired visibility and irritated their eyes, noses, and throats at the Marshall County Mine. The mine owner told TK Mining that their services were no longer needed, and TK Mining terminated them five…
Secretary of Labor v. The American Coal Company
Safeguard challenge barred and settlement affirmed
The American Coal Company settled four citations based on three mine-specific safeguards for a total penalty of $9,640 while preserving a challenge to the safeguards' facial validity. After the settlement, the Commission decided in a separate American Coal case that the same three safeguards were…
K.M. and Department of Labor, Energy Employees Occupational Illness Compensation Program, Denver, CO
K.M. and Department of Labor, Energy Employees Occupational Illness Compensation Program (ECAB 14-1691): Insect-exposure claim denial affirmed
K.M. claimed that insect exposure at work caused skin symptoms. The Board had previously accepted that exposure to biting pests occurred, while finding the medical evidence insufficient to establish an injury from it. On renewed review, her dermatologist described a possible bite and later…
E.S. and U.S. Postal Service, Post Office, San Diego, CA
Refusal to reopen knee injury claim affirmed
E.S., a postal clerk, sought reconsideration after OWCP denied his claim for a knee injury from a fall at work. The earlier denial rested on insufficient proof that the alleged incident occurred as described. The Board found that repeated treatment reports and a report about a later ankle incident…
J.N. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
J.N. and Puget Sound Naval Shipyard (ECAB 14-1599): Asbestos-exposure claim found timely
J.N., a retired Navy shipyard pipefitter, filed a claim in 2013 for lung problems he attributed to asbestos exposure during federal employment. OWCP rejected it as untimely based on pulmonary testing from decades earlier. The Board found that those earlier tests did not establish a diagnosis or…
A.H. and U.S. Postal Service, Post Office, Seattle, WA
Leg impairment award denial affirmed
A.H., a postal carrier, sought a schedule award for left leg impairment after accepted spinal injuries. His physician rated 11 percent impairment, but the Board found that the motor testing did not meet the AMA Guides’ requirement for consistent measurements on different occasions. A second-opinion…
D.G. and U.S. Postal Service, Post Office, Clarksville, TN
Right arm award and late review denial affirmed
D.G., a postal distribution clerk with accepted carpal tunnel syndrome, sought a larger schedule award than the two percent right arm rating OWCP assigned. The Board found that her physician’s higher rating did not match his examination findings or explain the chosen impairment grades, while OWCP’s…
S.Y. and Department of the Army, Maintenance Division, Fort Hood, TX
S.Y. and Department of the Army, Maintenance Division (ECAB 14-1466): Right arm impairment award denied
S.Y., an Army maintenance supervisor, had accepted right shoulder bursitis and bilateral carpal tunnel syndrome. He requested a schedule award for right arm impairment. One physician estimated 60 percent loss of use but said he had not reached maximum medical improvement and did not connect the…
V.Y. and Department of the Navy, Navy Facilities Engineering Command, San Diego, CA
V.Y. and Department of the Navy, Navy Facilities Engineering Command (ECAB 14-0828): Wage-loss termination reversed
V.Y., a former Navy pipefitter, received wage-loss compensation after an accepted back injury. OWCP ended it based on a second-opinion physician’s view that the injury had resolved. His treating physician found continuing effects and disputed that assessment. The Board found the two medical…
K.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Sioux Falls, SD
K.B. and Department of Veterans Affairs, Sioux Falls (ECAB 14-0219): Shoulder and neck claim denial affirmed
K.B., a Veterans Affairs food service worker, sought compensation for shoulder and neck conditions she attributed to lifting and other job duties. Her earlier claim for a specific 2007 incident had been accepted, but this appeal concerned a separate claim based on duties over time. The Board found…
F.S. and U.S. Postal Service, Philadelphia Processing & Distribution Center, Philadelphia, PA
F.S. and U.S. Postal Service, Philadelphia Processing & Distribution Center (ECAB 14-1657): Ankle impairment award returned for impartial review
F.S., a postal mail handler, received a schedule award after an accepted right ankle injury. Her physician rated seven percent right leg impairment, while an OWCP medical adviser rated five percent using the same AMA Guides tables but different grade modifiers. The Board found that the opposing…
D.W. and Department of the Army, Army Medical Command, Fort Gordon, GA
D.W. and Department of the Army, Army Medical Command (ECAB 14-1639): Back injury denial and refusal to reopen affirmed
D.W., an Army practical nurse, reported back symptoms after moving a patient at work. OWCP accepted that the incident occurred but found the medical reports did not establish a diagnosed condition caused by it. The Board agreed: her physician described pain and a suspected strain without a reasoned…
U.R. and Department of Homeland Security, U.S. Immigration & Customs Enforcement, Charlotte, NC
U.R. and Department of Homeland Security (ECAB 14-1628): Wrist injury denial affirmed
U.R., a federal special agent, reported right wrist pain after disarming and handcuffing a person at work. The Board accepted that the August 26, 2013 incident occurred. His physician identified wrist pain and possible conditions but did not explain how the incident caused or aggravated them. The…
G.T. and U.S. Postal Service, Post Office, Oklahoma City, OK
G.T. and U.S. Postal Service (ECAB 14-1613): Late reconsideration request denied
G.T., a postal rural carrier, sought reconsideration of OWCP’s denial of her injury claim after reporting that she slipped and jerked backwards while entering her postal vehicle at work. She filed the request more than a year after OWCP’s last decision on the merits. The Board found that her later…
M.R. and U.S. Postal Service, Post Office, Rockingham, NC
M.R. (ECAB 14-1393): Right knee injury claim returned for medical review
M.R., a Postal Service letter carrier, reported right knee pain after stepping out of his delivery vehicle on February 1, 2013. He had a previously accepted work-related injury to the same knee. OWCP accepted that the February 2013 incident occurred but denied the new claim for lack of proof that…
C.N. and U.S. Postal Service, Post Office, Houston, TX
C.N. (ECAB 14-1391): Late reconsideration refusal affirmed
C.N., a Postal Service city carrier, had accepted injuries from a 2011 fall, but OWCP later terminated her compensation based on an impartial specialist’s opinion that the injury-related conditions had resolved. She requested reconsideration in March 2014, more than a year after OWCP’s November…
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.