Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

J.M. and Department of Veterans Affairs, Jackson Veterans Administration Medical Center, Jackson, MS

J.M. (ECAB 14-1494): Total disability recurrence not established

J.M., a Veterans Affairs human resources specialist, had an accepted back injury and returned to a four hour modified position while receiving partial disability benefits. He stopped working and claimed a recurrence of total disability, citing worsening pain and a problem with his ergonomic chair…

October 27, 2014 ·ECAB
Affirmed
COMM

T.A. and Department of Homeland Security, Transportation Security Administration, Omaha, NE

T.A. (ECAB 14-1334): Wage loss period lacked medical explanation

T.A., a transportation security officer, had an accepted aggravation of a lumbar condition after trying to close a bag at work. She claimed wage loss for a later period. The Board found that her medical submissions did not explain why the accepted condition prevented her from working on the…

October 27, 2014 ·ECAB
Affirmed
COMM

I.V. and Department of the Treasury, Internal Revenue Service, Cheyenne, WY

I.V. (ECAB 14-1263): Current treatment records did not reopen old wage claims

I.V., a former IRS employee, had accepted shoulder, neck, and back strains from a workplace fall. Earlier decisions denied compensation for intermittent time away from work in 2009 through 2011. She sought reconsideration with medical and therapy records from 2013 describing ongoing symptoms and…

October 27, 2014 ·ECAB
Affirmed
COMM

A.B. and U.S. Postal Service, Post Office, Richmond, VA

A.B. (ECAB 14-1176): Refusal of modified carrier job ended compensation

A.B., a Postal Service letter carrier with an accepted back injury, was offered a modified carrier assignment after receiving disability compensation. She declined it, saying the duties exceeded her physical restrictions. The Board compared the actual modified duties with the restrictions given by…

October 27, 2014 ·ECAB
Affirmed
COMM

C.T. and U.S. Postal Service, Post Office, Dallas, TX

C.T. (ECAB 14-1175): Overpayment reversed after examination agreement

C.T., a Postal Service employee receiving compensation for accepted psychiatric conditions, missed a scheduled second opinion examination, and OWCP suspended her benefits. She later told OWCP she wanted to reschedule, attended the new examination, and received compensation covering the intervening…

October 27, 2014 ·ECAB
Vacated
COMM

K.S. and U.S. Postal Service, Post Office, Aumsville, OR

K.S. (ECAB 14-0999): Part time wages could not support capacity rating

K.S., a Postal Service rural carrier, was working full time when she injured her shoulder. She later returned to a limited duty position for about five hours a day, and OWCP used those actual earnings to set her wage earning capacity and adjust compensation. The Board held that OWCP had not…

October 27, 2014 ·ECAB
Vacated
ALJ

Secretary of Labor v. Kanaval's Excavating & Gravel

Late quarterly report draws $50 penalty

Kanaval's Excavating & Gravel filed its fourth-quarter employment report 14 days after the regulatory deadline. The one-person sand and gravel mine was seasonally closed when the report was due, and the operator corrected the oversight before MSHA identified it. Judge Alan G. Paez granted summary…

October 24, 2014 ·Alan G. Paez ·FMSHRC
Modified
COMM

Matter of Keisha MUNROE, Respondent

Matter of Keisha MUNROE (BIA ID 3817): extreme-hardship period limited to conditional admission

The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of an extreme-hardship waiver to a conditional permanent resident from Guyana. The Board held that the relevant period for evaluating extreme hardship under section 216(c)(4)(A) of the Immigration and…

October 24, 2014 ·BIA
Remanded
COMM

S.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA

S.F. (ECAB 14-1587): Repeated medical report did not reopen ankle claim

S.F., a Veterans Affairs nurse, reported a right ankle injury after a patient kicked her at work. OWCP accepted that the incident occurred but denied the claim because it found insufficient medical evidence connecting the ankle conditions to it. S.F. requested reconsideration with a later report…

October 24, 2014 ·ECAB
Affirmed
COMM

P.O. and Department of Homeland Security, Customs & Border Protection, Chula Vista, CA

P.O. (ECAB 14-1480): Eye award denied for unsupported impairment rating

P.O., a border patrol agent, sustained an accepted left eye laceration when a tree branch struck him at work. His ophthalmologist later reported a corneal scar and astigmatism, with uncorrected vision around 20/25 to 20/30. To support a schedule award, the doctor submitted a state workers’…

October 24, 2014 ·ECAB
Affirmed
COMM

E.R. and U.S. Postal Service, Post Office, Paterson, NJ

E.R. (ECAB 14-1401): Payments after award expiration were recoverable

E.R., a Postal Service employee with accepted injuries, received schedule award payments for impairment of both arms and legs. His award notice said payments would end on December 31, 2010, but a computer error kept them going through June 2013. The Board affirmed that the later payments totaled a…

October 24, 2014 ·ECAB
Affirmed
COMM

R.K. and Department of Justice, Bureau of Prisons, Tallahassee, FL

R.K. (ECAB 14-1227): New impairment report required a merits decision

R.K., a Bureau of Prisons employee, sought a schedule award for permanent impairment of his penis. After an earlier denial, he submitted a new urologist report estimating impairment under the applicable medical guides. OWCP treated his submission as an untimely reconsideration request and did not…

October 24, 2014 ·ECAB
Remanded
COMM

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

S.L. (ECAB 14-1225): Reconsideration evidence did not address medical cause

S.L., a Postal Service mail handler, reported back pain during work and had an earlier accepted back claim. OWCP accepted the workplace incident in the newer claim but denied it for lack of medical evidence connecting that incident to her condition. On reconsideration she submitted a coworker’s…

October 24, 2014 ·ECAB
Affirmed
COMM

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

K.L. (ECAB 14-1218): Timely medical report required review

K.L., a Veterans Health Administration employee, appealed OWCP’s denial of a claimed traumatic injury. OWCP said the record lacked a medical diagnosis connected to the reported November 2013 event. The Board found that OWCP had received a physician’s report the day before issuing its decision but…

October 24, 2014 ·ECAB
Remanded
COMM

T.M. and Department of Transportation, Maritime Administration, Benica, CA

T.M. (ECAB 14-0259): Continued tool use was a new exposure, not recurrence

T.M., a maritime machinery repairer, had an accepted bilateral wrist strain and medical evidence diagnosing carpal tunnel syndrome. He later reported worsening symptoms while continuing to grip and use power tools at work. The Board held that a recurrence of disability requires a spontaneous change…

October 24, 2014 ·ECAB
Affirmed
ALJ

Nabors Drilling USA, LP

Electrical violations affirmed after fatal electrocution

Nabors Drilling operated an oil and gas drilling rig where a 480-volt cord ran beneath a sharp-edged metal grate outside a change house. The grate pierced the cord, became energized, and an employee was fatally electrocuted. The judge found that reasonable inspections would have revealed damaged…

October 24, 2014 ·John H. Schumacher ·OSHRC
Modified
COMM

United States Department of Veterans Affairs, Charles George VA Medical Center, Asheville, North Carolina (Agency) and American Federation of Government Employees, AFL-CIO (Union/Petitioner)

Asheville VA Medical Center and AFGE (FLRA WA-RP-13-0062): Nurse coordinators excluded from unit

AFGE asked whether four nurse coordinators at the Asheville VA Medical Center belonged in its bargaining unit. A regional director found that the coordinators directed and assigned nurses using independent judgment for most of their working time, making them supervisors under the federal labor…

October 23, 2014 ·FLRA
Upheld
COMM

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

A.B. (ECAB 14-1510): Termination upheld after accepted sprains resolved

A.B., a Postal Service carrier, had accepted neck, lumbar, and sacroiliac sprains after slipping at work. OWCP ended her benefits after a referral orthopedist found no remaining effects of those accepted soft tissue injuries and attributed later complaints to degenerative conditions. The Board…

October 23, 2014 ·ECAB
Affirmed
COMM

S.J. and U.S. Postal Service, Post Office, Santa Clarita, CA

S.J. (ECAB 14-1455): Receptionist capacity justified compensation reduction

S.J., a Postal Service carrier with accepted foot conditions, completed clerical training through an OWCP vocational rehabilitation program. Her treating physician said she could work full time in a mostly seated position with limits on standing and walking. A labor market survey found receptionist…

October 23, 2014 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Westville, NJ

S.S. (ECAB 14-1369): Request to reopen wage-loss claim denied

S.S., a Postal Service carrier technician, fractured his right clavicle after falling from a postal vehicle. OWCP later terminated his wage-loss compensation after a second-opinion physician found the fracture healed and cleared him to work. S.S. sought reconsideration and submitted later shoulder…

October 23, 2014 ·ECAB
Affirmed
COMM

L.G. and U.S. Postal Service, Fort Dearborn Station, Chicago, IL

L.G. (ECAB 14-1178): Chemical exposure claim lacked proof of workplace irritant

L.G., a Postal Service mail processing clerk, claimed that chemical irritants at work affected her skin and other parts of her body. She submitted medical notes, coworker statements, and workplace complaints. The Board found that she had not identified a specific chemical or provided sufficient…

October 23, 2014 ·ECAB
Affirmed
COMM

E.D. and U.S. Postal Service, Post Office, Oakland, CA

E.D. (ECAB 14-1167): No ratable arm impairment for schedule award

E.D., a Postal Service mail processing clerk, had accepted bilateral trigger finger and carpal tunnel conditions and underwent surgery on both thumbs. She sought a schedule award for permanent impairment of her upper extremities. OWCP’s second-opinion physician rated her impairment at zero percent…

October 23, 2014 ·ECAB
Affirmed
COMM

C.S. and Department of Homeland Security, Transportation Security Administration, Gainesville, FL

C.S. (ECAB 14-1051): Injury denial and refusal to reopen affirmed

C.S., a transportation security officer, reported back, hip, and leg symptoms after lifting baggage between conveyor belts. OWCP accepted that the lifting incident occurred but denied his injury claim. The Board found that his physician’s form reports identified diagnoses and checked a box linking…

October 23, 2014 ·ECAB
Affirmed
COMM

T.M. and U.S. Postal Service, Post Office, Hesperia, CA

T.M. (ECAB 14-929): Knee condition not medically linked to carrier duties

T.M., a Postal Service city carrier, claimed that repeatedly using the gas and brake pedals on a route with hundreds of stops caused or aggravated her right knee condition. Medical imaging showed cartilage damage and meniscus tears. Her physicians reported the symptoms and job activities, but the…

October 23, 2014 ·ECAB
Affirmed
COMM

R.G. and Department of the Interior, National Park Service, Page, AZ

R.G. (ECAB 14-480): Wage capacity decision returned for review of medical reports

OWCP found that an information clerk position represented R.G.’s wage earning capacity. After his representative requested a hearing, R.G. submitted two medical reports that OWCP received before its hearing decision. The hearing representative affirmed the capacity finding while stating that no…

October 23, 2014 ·ECAB
Remanded
COMM

C.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Louisville, KY

C.M. (ECAB 14-1552): Recurrence of total disability not established

C.M., a Veterans Affairs housekeeping aide, returned to limited duty after an accepted lumbar sprain in 2011. She stopped working in March 2013 and claimed a recurrence of total disability from that injury. Her later spinal surgery and periods off work were documented, but the Board found that the…

October 22, 2014 ·ECAB
Affirmed
COMM

D.G. and Department of the Navy, Naval Air Systems Command, San Diego, CA

D.G. (ECAB 14-1482): Late reconsideration request showed no clear error

D.G., a Navy employee with accepted work-related conditions, challenged OWCP’s finding that she could earn wages as a social services aide. She requested reconsideration more than one year after OWCP’s last merits decision. The Board found that her request was late and therefore had to show clear…

October 22, 2014 ·ECAB
Affirmed
COMM

J.S. and Department of Homeland Security, Transportation Security Administration, Orlando, FL

J.S. (ECAB 14-1425): Wage-loss and medical benefit termination reversed

J.S., a transportation security screener, received benefits for several accepted back, hip, and knee conditions. OWCP terminated his wage-loss compensation and medical benefits based on an impartial medical examiner’s opinion that his work-related conditions had resolved. The Board found that the…

October 22, 2014 ·ECAB
Vacated
COMM

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

M.H. (ECAB 14-1389): Reconsideration denial reversed because no request was filed

M.H.’s representative asked an examining physician to clarify an earlier medical opinion and asked OWCP for help obtaining that explanation. OWCP treated the letter to the physician as an application for reconsideration and denied it. The Board found that neither letter requested review of an OWCP…

October 22, 2014 ·ECAB
Vacated
COMM

J.J. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA

J.J. (ECAB 14-1380): Disability claim returned for review despite dismissal for misconduct

J.J., a Defense Logistics Agency worker, had an accepted right shoulder injury and later underwent surgery authorized by OWCP. She claimed disability compensation for a period after the surgery. OWCP denied the claim in part because her employer had dismissed her for misconduct years earlier. The…

October 22, 2014 ·ECAB
Remanded
COMM

B.M. and U.S. Postal Service, Post Office, Hinesville, GA

B.M. (ECAB 14-1371): Back and foot injury claim lacked medical evidence

B.M., a Postal Service custodial laborer, reported back and foot pain after maintaining two offices with few breaks. He had an earlier accepted foot condition and a prior foot and back injury, but OWCP treated this filing as a new occupational disease claim based on his description of the work…

October 22, 2014 ·ECAB
Affirmed
COMM

M.E. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY

M.E. (ECAB 14-1249): Hearing loss claim returned for a fuller medical opinion

M.E., a former pipefitter at a Tennessee Valley Authority power plant, claimed hearing loss from workplace noise. OWCP accepted that he had been exposed to noise but relied on a referral physician who said the exposure was insufficient to cause the loss. The Board found that the physician had…

October 22, 2014 ·ECAB
Remanded
COMM

R.W. and U.S. Postal Service, Tampa, FL

R.W. (ECAB 14-1202): Shoulder claim returned for review of a medical report

R.W. claimed that her Postal Service duties caused a left shoulder condition. After OWCP denied the claim, she requested a hearing and submitted a new report from her osteopath. OWCP received the report four days before its hearing representative affirmed the denial, but the representative did not…

October 22, 2014 ·ECAB
Remanded
COMM

L.L. and U.S. Postal Service, Post Office, Slate Hill, NY

L.L. (ECAB 14-1099): Emotional condition claim lacked a medical link to accepted work duties

L.L., a part-time flexible Postal Service clerk, attributed an emotional condition to changing work locations, travel-pay problems, and being assigned to close offices without training. The Board found that the untrained closing duties were a compensable work factor, but the other allegations did…

October 22, 2014 ·ECAB
Affirmed
COMM

K.S. and Department of Veterans Affairs, Richmond, VA

K.S. (ECAB 14-0945): Emotional condition claim denied after disputed workplace allegations

K.S., a Veterans Affairs nursing assistant, sought compensation for an emotional condition she attributed to an alleged assault and harassment by a coworker and to her employer’s response. On this record, the Board found insufficient evidence to establish the alleged assault or harassment as…

October 22, 2014 ·ECAB
Affirmed
COMM

Secretary of Labor v. Brooks Run Mining Company, LLC

Assessment reopened after reported mistaken payment

Brooks Run filed a pre-penalty contest of Citation No. 6617100 but paid the later proposed assessment without contesting it. Brooks said the payment was a mistake that counsel discovered after the assessment became a final Commission order. The Secretary did not oppose reopening and urged the…

October 21, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. CCZ, Inc.

Final penalty assessment reopened for merits proceedings

CCZ's penalty assessment became final after MSHA recorded no timely contest. CCZ said it mailed the contest to MSHA's payment center together with a check for the penalties it did not dispute. The payment center received a check dated within the contest period, and the Secretary did not oppose…

October 21, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Dominion Coal Corporation

Misplaced assessment reopened

Dominion Coal's penalty assessment became final after its safety department misplaced the document instead of forwarding it to counsel. The company discovered the error when MSHA sent a delinquency notice. The Secretary did not oppose reopening and noted that Dominion had timely paid the penalties…

October 21, 2014 ·FMSHRC
Remanded
COMM

West Bay Exploration Co.

In re West Bay Exploration Co. (EAB UIC Appeal No. 14-66): reconsideration denied

Peter Bormuth asked the Environmental Appeals Board to reconsider its order denying his challenge to a West Bay Exploration Company underground injection control permit. He argued that the Board used the wrong review standard, should have considered broader aquifer concerns, acted with bias, and…

October 21, 2014 ·EPA EAB
Procedural
COMM

Secretary of Labor v. Charles Reckner, Jr., employed by Buck Run Aggregates

Individual penalty contest reopened

Charles Reckner did not separately contest a proposed individual penalty under section 110(c) because he believed the mine operator's contest covered his assessment. His individual assessment therefore became a final Commission order, while the operator contested its own assessment. The Secretary…

October 21, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Cheyenne Mining Company, Inc.

Allegedly mailed penalty contest allowed to proceed

Cheyenne Mining's penalty assessment became a final Commission order after MSHA recorded no timely contest. The company said its counsel had mailed the contest on time and learned of the problem only after receiving a collection notice. The Secretary did not oppose reopening, although MSHA's Civil…

October 21, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Cheyenne Elkhorn Coal Company, Inc.

Omitted citations restored to timely contest

Cheyenne Elkhorn timely contested four citations on its proposed assessment contest form. MSHA mistakenly processed only two of them, leaving Citation Nos. 8279020 and 8278023 appearing to have become final. The Commission concluded that the two omitted citations had been properly contested and…

October 21, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Benton County Stone Company, Inc.

Two citation contests reopened

Benton County Stone said it mailed a timely contest for two citations to MSHA's payment center and produced a fax copy dated within the filing period. MSHA received payment of the undisputed penalties, but later sent a delinquency notice and received payment for the disputed citations as well. The…

October 21, 2014 ·FMSHRC
Remanded
COMM

J.P. and U.S. Postal Service, Post Office, Liberal, KS

J.P. (ECAB 14-1478): Increased arm award claim returned for merits review

J.P. sought a larger left arm schedule award and submitted a physician’s report based on a new examination. OWCP treated the filing as a request to reconsider the prior award and rejected the report as repetitive because the physician had given the same impairment percentage earlier. The Board held…

October 21, 2014 ·ECAB
Remanded
COMM

K.S. and Department of Defense, National Security Agency, Fort Meade, MD

K.S. (ECAB 14-1470): Shoulder injury claim lacked a medical explanation of causation

K.S., a National Security Agency office assistant, reported shoulder pain after opening mail at work. The Board accepted that she opened mail on June 13, 2013, but found that her medical evidence did not explain how that activity caused or aggravated a diagnosed shoulder condition. Her physician…

October 21, 2014 ·ECAB
Affirmed
COMM

J.A. and Department of the Army, Army Depot, Corpus Christi, TX

J.A. (ECAB 14-1447): Bare reconsideration request did not reopen knee award

J.A., an Army Depot mechanic, had received schedule awards totaling 25 percent impairment of his right leg after a work-related knee injury. He timely requested reconsideration of the latest award by checking a box on a form, without supplying an argument or evidence. The Board held that this bare…

October 21, 2014 ·ECAB
Affirmed
COMM

A.F. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC

A.F. (ECAB 14-1392): Travel injury claim lacked a reasoned medical link

A.F., a federal management analyst on work travel, reported ear pain and a migraine during a flight and other symptoms after twisting to catch a car door. OWCP accepted that the reported events occurred in the performance of duty. The Board found that her physicians did not adequately explain how…

October 21, 2014 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, White Plains, NY

J.M. (ECAB 14-1384): Missed insurance deductions created an overpayment

J.M., a postal letter carrier receiving injury compensation, was paid without some health and life insurance premiums being deducted. The Board affirmed a $1,702.30 overpayment for the missed deductions and agreed that he was not at fault. It upheld OWCP’s refusal to waive repayment because he had…

October 21, 2014 ·ECAB
Affirmed
COMM

S.P. and Department of Veterans Affairs, Veterans Administration Medical Center, East Orange, NJ

S.P. (ECAB 14-1309): Delayed reconsideration denial returned for merits review

S.P. sought reconsideration of OWCP’s decision that she no longer had continuing residuals from accepted work injuries. OWCP received her request within 39 days of its merits decision but waited until two days after her 180-day Board appeal period expired to deny it. The Board held that the delay…

October 21, 2014 ·ECAB
Remanded
COMM

L.G. and Department of the Army, Fort Bragg, NC

L.G. (ECAB 14-1054): Emotional condition claim and reopening denial affirmed

L.G., an Army human resources assistant, attributed an aggravation of her emotional condition to alleged workplace harassment, disclosure of medical information, and management actions. The Board found that the record did not establish harassment or unreasonable conduct in the personnel matters she…

October 21, 2014 ·ECAB
Affirmed
COMM

S.B. and Department of the Treasury, Bureau of Printing and Engraving, Fort Worth, TX

S.B. (ECAB 14-0749): Carpal tunnel claim lacked a medical link to printing work

S.B., a federal plate printer, claimed that his work caused carpal tunnel syndrome in both hands and wrists. The Board found that the diagnosis and his repetitive work activities were established, but the medical reports did not explain whether those duties caused or aggravated the condition. One…

October 21, 2014 ·ECAB
Affirmed
COMM

S.B. and Department of the Treasury, Bureau of Printing and Engraving, Fort Worth, TX

S.B. (ECAB 14-0749): Erratum orders a decision sent to the correct address

The Board had affirmed OWCP’s denial of S.B.’s occupational disease claim in a decision dated August 6, 2014. The Clerk mailed that decision to an incorrect address for S.B.’s authorized attorney, and the copy was returned unclaimed. The Board held that the decision had not been properly issued…

October 21, 2014 ·ECAB
Procedural
COMM

J.M. and U.S. Postal Service, Post Office, White Plains, NY

J.M. (ECAB 14-0669): Overpayment reversed after unsupported benefit termination

J.M., a postal city carrier, received compensation for accepted knee, shoulder, and elbow injuries. OWCP terminated his benefits and then found a $5,437.45 overpayment for payments made after the termination date. The Board found OWCP’s medical opinion insufficient to prove that his work-related…

October 21, 2014 ·ECAB
Vacated
COMM

C.J. and U.S. Postal Service, Post Office, Mobile, AL

C.J. (ECAB 14-0016): Emotional condition claim returned after finding management error

C.J., a postal letter carrier, claimed an emotional condition after her employer suspended her and proposed removing her following a collision with a child riding a bicycle. An arbitrator found no evidence that C.J. caused the accident and found serious defects in the employer’s disciplinary…

October 21, 2014 ·ECAB
Remanded
COMM

Secretary of Labor v. Professional Contracting, LLC

Assessment missed after relocation reopened

Professional Contracting’s proposed assessment was delivered on June 26, 2013, signed for by Margaret Estep, and became final without a contest. Eddie Joe Estep said he had relocated and never received the assessment, then discovered the delinquency while checking MSHA's data system. The Secretary…

October 20, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. The Quartz Corporation USA

Penalty assessment reopened after inquiry

The Quartz Corporation believed its proposed assessment might contain an error and said it tried repeatedly to contact MSHA. The assessment became a final Commission order before MSHA responded, and the eventual response said the agency no longer had jurisdiction. The Secretary did not oppose…

October 20, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Tackett Creek Mining

Clerical-error default reopened

Tackett Creek Mining failed to contest a proposed penalty assessment before it became a final Commission order. The company attributed the missed deadline to a clerical error and said it hired a consultant to prevent future mistakes. The Secretary did not oppose reopening and urged the operator to…

October 20, 2014 ·FMSHRC
Remanded
ALJ

Austin Powder Company v. Secretary of Labor; Secretary of Labor v. Austin Powder Company

Eight unitary-operator cases consolidated

The Secretary asked to consolidate all pending Austin Powder matters to determine whether the company and its subsidiaries were unitary operators. Austin Powder objected that the issue should be decided case by case, but it had previously sought stays because the same issue was being litigated in…

October 20, 2014 ·Kenneth R. Andrews ·FMSHRC
Procedural
COMM

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

U.K. (ECAB 14-1564): Back injury claim lacked a reasoned medical link

U.K., a Veterans Affairs pipefitter supervisor, reported lower back symptoms after lifting bags of cast-iron fittings at work. His osteopath diagnosed several lumbar conditions and said they were related to the lifting incident. The Board found that the reports asserted causation without explaining…

October 20, 2014 ·ECAB
Affirmed
COMM

T.W. and U.S. Postal Service, Post Office, Eltingville, NY

T.W. (ECAB 14-1533): Knee claim lacked a medical link to the delivery route

T.W., a postal letter carrier, reported right knee pain while walking his delivery route. OWCP accepted that the incident occurred at work but denied the claim for lack of medical evidence connecting it to a knee condition. The Board found that the treating physician diagnosed conditions without…

October 20, 2014 ·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.