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

C.S. and Department of Commerce, Census Bureau, Dallas, TX

C.S. (ECAB 14-1323): Continuing ankle disability not established

C.S., a Census Bureau field representative, sought continuing benefits after OWCP terminated compensation for an accepted ankle fracture. The Board had previously upheld the termination. Her physician reported pain, swelling, instability, and arthritis, but did not explain why she remained disabled…

October 9, 2014 ·ECAB
Affirmed
COMM

R.T. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

R.T. (ECAB 14-1282): Two percent leg impairment award upheld

R.T., a former Navy shipyard machinist, appealed a schedule award based on two percent permanent impairment of his right leg. His physician proposed a five percent rating, but did not document the knee motion measurements or diagnosis needed to support it. The Board found OWCP’s medical adviser’s…

October 9, 2014 ·ECAB
Affirmed
COMM

K.G. and U.S. Postal Service, Post Office, Bellmawr, NJ

K.G. (ECAB 14-1258): Conflicting foot diagnoses require an independent examiner

K.G., a postal letter carrier, injured her right heel when she stepped into a hole at work. OWCP accepted a heel contusion but denied that the incident caused plantar fasciitis. Her treating specialist said the condition was related to the incident; an OWCP examiner disagreed. The Board found a…

October 9, 2014 ·ECAB
Remanded
COMM

C.T. and U.S. Postal Service, Post Office, Reading, PA

C.T. (ECAB 14-1221): Five percent leg impairment award upheld

C.T., a postal worker, sought a larger schedule award for a previously accepted right ankle fracture. A prior Board decision had identified a conflict in medical opinions and required an impartial examination. The impartial orthopedic surgeon rated her right leg impairment at five percent using the…

October 9, 2014 ·ECAB
Affirmed
COMM

T.E. and Department of Veterans Affairs, James A. Haley Hospital, Tampa, FL

T.E. (ECAB 14-1047): Reconsideration evidence did not reopen disputed incident claim

T.E., a Veterans Affairs mail clerk, sought reconsideration of OWCP’s denial of a claim arising from an alleged kick by a supervisor at work. OWCP had denied the claim because the evidence did not establish that the incident occurred as alleged. The Board found that new medical reports did not…

October 9, 2014 ·ECAB
Affirmed
COMM

P.B. and U.S. Postal Service, Post Office, Peru, NY

P.B. (ECAB 14-0908): Repeated affidavit did not reopen shoulder claim

P.B., a rural postal carrier, sought reconsideration after OWCP denied her shoulder and wrist injury claim. Her latest request resubmitted an affidavit from her physician that OWCP had already considered. The Board found that the repeated affidavit was not relevant new evidence and that the request…

October 9, 2014 ·ECAB
Affirmed
COMM

K.T. and U.S. Postal Service, Processing & Distribution Center, Little Rock, AR

K.T. (ECAB 14-0613): Arbitration decision required OWCP to reopen disability claim

K.T., a postal worker, sought wage-loss compensation for a claimed recurrence of disability after an earlier accepted injury. OWCP denied the claim and later refused to reopen it, finding no relevant new evidence. The Board found that a new arbitration decision about his removal from work was…

October 9, 2014 ·ECAB
Remanded
COMM

Hagerstown Aircraft Services, Inc.

In re Hagerstown Aircraft Services, Inc. (EAB RCRA (3008) Appeal No. 14-01): default order adopted and penalty affirmed

EPA Region 3's Regional Judicial Officer found Hagerstown Aircraft Services, Inc. in default for failing to answer an RCRA enforcement complaint. The Environmental Appeals Board reviewed the default because of the two-year delay in issuing it, the death of Hagerstown's president and owner, and the…

October 8, 2014 ·EPA EAB
Other
COMM

Secretary of Labor v. Pattison Sand Company, LLC

Unwarrantable-failure citation reopened after payment error

Pattison Sand intended to contest an unwarrantable-failure citation but its human resources director mistakenly routed the assessment to accounting for payment. The company discovered the error shortly after the assessment became final, when MSHA began an individual-liability investigation. The…

October 8, 2014 ·FMSHRC
Remanded
COMM

W.T. and U.S. Postal Service, Vehicle Maintenance Facility, Miami, FL

W.T. (ECAB 14-1299): Late reconsideration request did not show clear error

W.T., a postal vehicle technician, claimed tinnitus after an air compressor made a loud noise near him at work. OWCP denied the claim because it found the factual record insufficient to establish the incident as alleged. His written reconsideration request reached OWCP more than a year after that…

October 8, 2014 ·ECAB
Affirmed
COMM

C.B. and Department of the Air Force, Langley Air Force, Langley, VA

C.B. (ECAB 14-1232): Late reconsideration request did not address claim’s factual basis

C.B., an Air Force supervisor, sought reconsideration after OWCP denied his claim for an emotional condition associated with workplace disputes. His request was dated one year after OWCP’s merit decision but reached OWCP eight days later, beyond the filing period. The Board found that the medical…

October 8, 2014 ·ECAB
Affirmed
COMM

A.H. and Department of Homeland Security, Customs and Border Patrol, Mayaguez, PR

A.H. (ECAB 14-1201): Hearing loss claim returned for noise and medical evidence

A.H., a customs and border protection supervisor, claimed that workplace noise contributed to his hearing loss. OWCP denied the claim partly because it found the exposure history incomplete. The Board found that his account and his employer’s statement established exposure to noise on an airport…

October 8, 2014 ·ECAB
Remanded
COMM

K.J. and Department of Justice, Federal Bureau of Investigation, Washington, DC

K.J. (ECAB 14-1195): Reconsideration request filed within one year

K.J., an FBI special agent, sought reconsideration of OWCP’s denial of a claim following a cardiac event after exercise. OWCP treated her request as late, although it received the request on January 10, 2014, one year after its merit decision. The Board found the request timely under the…

October 8, 2014 ·ECAB
Remanded
COMM

C.P. and U.S. Postal Service, Processing & Distribution Center, Edison, NJ

C.P. (ECAB 14-1163): Wage-loss termination upheld; medical benefits remained

C.P., a postal clerk, had received wage-loss compensation after an accepted back injury. OWCP terminated those payments after a referral physician found that she could perform her former job without restrictions. The Board found his opinion reasoned and based on the medical history, examination…

October 8, 2014 ·ECAB
Affirmed
COMM

J.P. and Department of the Army, Fort Polk, LA

J.P. (ECAB 14-1101): Firefighter overpayment amount sent back for calculation

J.P., an Army firefighter, received compensation after an accepted leg injury. OWCP later found it had used the wrong weekly pay rate and demanded repayment of $4,153.66. The Board agreed that the rate was too high and that an overpayment existed, but found conflicting calculations and no adequate…

October 8, 2014 ·ECAB
Mixed result
COMM

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

T.H. (ECAB 14-0845 and 14-0846): Arm impairment upheld, award pay rate sent back

T.H., a postal worker with two accepted injury claims, challenged the impairment rating and pay rate for an arm schedule award. The Board found no evidence of impairment greater than six percent in her right arm and 17 percent in her left arm. It found that OWCP had not established which injury…

October 8, 2014 ·ECAB
Remanded
COMM

R.W. and Department of the Navy, Naval Air Station, Jacksonville, FL

R.W. (ECAB 14-0583): Navy hearing loss claim returned for a clearer medical opinion

R.W., a Navy aircraft worker, claimed hearing loss and tinnitus from workplace noise. The Board found that his exposure to hazardous noise at work was undisputed. A Navy hospital physician attributed his hearing loss to that exposure, while OWCP’s referral physician attributed it to age-related…

October 8, 2014 ·ECAB
Remanded
COMM

B.K. and Department of the Navy, U.S. Marine Corps, Camp Pendleton, CA

B.K. (ECAB 14-0277): Unaddressed workplace allegation required a new decision

B.K., a Marine Corps firefighter, sought reconsideration of OWCP’s denial of an emotional condition claim. He argued that OWCP had never properly decided his allegation of secret workplace monitoring. Although the reconsideration request was late, the Board examined both OWCP claim records and…

October 8, 2014 ·ECAB
Remanded
COMM

Secretary of Labor v. ICG Hazard, LLC

Unwarrantable designation removed and penalty capped at $70,000

Two orders involving missing water sprays and inadequate water pressure on continuous miners remained under review. For Order No. 8315597, the ALJ affirmed unwarrantable failure without analyzing all relevant factors, and the Secretary effectively conceded that the record did not prove aggravated…

October 7, 2014 ·FMSHRC
Modified
COMM

Sheilah Hunter v. Huntington Ingalls, Incorporated

Hunter v. Huntington Ingalls (BRB 14-0029): no extra payment for later state attorney fee

Sheilah Hunter received Longshore Act disability and medical benefits for work-related knee injuries. A later Virginia workers' compensation award covered the same periods for record purposes, credited the federal payments, and required Hunter to pay her attorney $500. She requested another $500…

October 7, 2014 ·BRB
Affirmed
COMM

P.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Denver, CO

P.B. (ECAB 14-1432): Prerecoupment hearing request was late

P.B., a Veterans Affairs food service worker, asked for a hearing after OWCP notified him of a preliminary $8,974.23 overpayment. OWCP’s December 5, 2013 notice gave him 30 days to request a prerecoupment hearing. His request was postmarked January 22, 2014. The Board held that the request was late…

October 7, 2014 ·ECAB
Affirmed
COMM

C.J. and Department of Homeland Security, Customs & Border Protection, San Ysidro, CA

C.J. (ECAB 14-1308): Leg impairment claim returned for medical adviser review

C.J., a border patrol agent, had received schedule awards totaling 13 percent impairment of his left leg from two claims. He submitted a new rating for nerve deficits from a later back injury. OWCP denied an additional award because the new rating, viewed alone, was below the 13 percent already…

October 7, 2014 ·ECAB
Remanded
COMM

N.M. and U.S. Postal Service, Post Office, Jamestown, NY

N.M. (ECAB 14-1189): Ankle injury denial and late review request upheld

N.M., a postal carrier, reported an ankle injury after stepping onto a loose step while delivering mail. The Board found that the incident occurred, but the reports supporting the injury claim were signed by a physician assistant rather than a physician as FECA defines that term. It affirmed OWCP’s…

October 7, 2014 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, Exeter, RI

J.M. (ECAB 14-1112): Repeated allegations did not reopen workplace stress claim

J.M., a postal letter carrier, sought reconsideration of OWCP’s denial of an emotional condition claim based on alleged coworker harassment. OWCP had found that she did not establish a compensable workplace factor. The Board found that her latest statement repeated allegations already considered…

October 7, 2014 ·ECAB
Affirmed
COMM

T.P. and U.S. Postal Service, Post Office, Caspian, MI

T.P. (ECAB 14-1105): Thumb condition claim lacked a reasoned medical link

T.P., a postal postmaster, attributed right thumb pain and arthritis to repetitive sorting, folding, and scanning tasks. OWCP accepted that she performed those tasks but denied the occupational disease claim. The Board found that one physician described symptoms at work without attributing the…

October 7, 2014 ·ECAB
Affirmed
COMM

D.L. and U.S. Capitol Police, Washington, DC

D.L. (ECAB 14-1030): Two percent left leg impairment award upheld

D.L., a U.S. Capitol Police officer, injured his left Achilles tendon at work and received a schedule award for permanent impairment of his left leg. His examining physician estimated six percent impairment, while OWCP’s medical adviser estimated two percent. The Board found that the examining…

October 7, 2014 ·ECAB
Affirmed
COMM

P.M. and Department of Labor, Office of Workers’ Compensation Programs, San Francisco, CA

P.M. (ECAB 14-0996): Additional arm impairment award denied

P.M., a Department of Labor claims examiner, sought an additional schedule award for permanent impairment of her arms after several accepted work injuries. OWCP obtained an examination because she had submitted no new impairment report with her request. The physician rated impairment at five…

October 7, 2014 ·ECAB
Affirmed
COMM

M.R. and Department of Veterans Affairs, Puget Sound Health Care System, Seattle, WA

M.R. (ECAB 14-0793): Timely emotional condition claim still lacked work facts

M.R., a nurse at a Veterans Affairs health care system, claimed that her federal work caused post-traumatic stress disorder. OWCP rejected her occupational disease claim as untimely. The Board found that she filed within three years of her last exposure to the work she said caused the condition, so…

October 7, 2014 ·ECAB
Modified
COMM

K.R. and Department of Veterans Affairs, Eisenhower Veterans Administration Medical Center, Leavenworth, KS

K.R. (ECAB 14-0434): FECA fraud conviction triggered benefit forfeiture

K.R., a former Veterans Affairs employee receiving workers’ compensation for an ankle injury, pleaded guilty to taking FECA payments issued to her deceased brother. The Board held that the conviction triggered forfeiture of benefits for her earlier injury effective August 4, 2011, the date of her…

October 7, 2014 ·ECAB
Affirmed
COMM

Secretary of Labor v. Buckley Powder Company

One-week-late citation contest reopened

Buckley Powder said its administrative staff missed the deadline to contest Citation No. 8478099 by one week. The assessment became a final Commission order before the company requested relief. The Secretary did not oppose reopening and urged Buckley to adopt procedures that would prevent future…

October 6, 2014 ·FMSHRC
Remanded
ALJ

Secretary of Labor on behalf of Cameron Garcia v. Veris Gold U.S.A., Inc.

Economic reinstatement ends when MSHA declines case

Cameron Garcia had been temporarily economically reinstated while MSHA investigated his discrimination complaint against Veris Gold. The parties' agreement provided that reinstatement would end if the Secretary declined to pursue a merits case. MSHA later found insufficient evidence, and Veris Gold…

October 6, 2014 ·David P. Simonton ·FMSHRC
Procedural
COMM

Secretary of Labor v. Frontier-Kemper Constructors, Inc.

Late contest sent to payment center reopened

Frontier-Kemper's penalty assessment became final after the contest deadline passed. The company later sent a contest to MSHA's payment center, which received a form postmarked shortly after the assessment became final. The Secretary did not oppose reopening but urged Frontier-Kemper to send future…

October 6, 2014 ·FMSHRC
Remanded
COMM

R.E. and Department of the Army, Schofields Barracks Commissary, Wahiawa, HI

R.E. (ECAB 14-1217): Pay rate question sent back for a new decision

R.E., a former Army commissary worker, asked OWCP to change a 1989 wage-earning capacity determination for accepted low back injuries. She argued that her injury had worsened and that the determination used an incorrect pay rate. The Board found that her medical evidence did not establish a…

October 6, 2014 ·ECAB
Remanded
COMM

B.M. and Department of Homeland Security, Transportation Security Administration, Seattle, WA

B.M. (ECAB 14-1188): Late reconsideration request did not show clear error

B.M., a Transportation Security Administration officer, sought reconsideration of OWCP’s decision ending benefits for an accepted neck and shoulder injury. OWCP received her request more than one year after its most recent merits decision. The Board held that the request was late and that her…

October 6, 2014 ·ECAB
Affirmed
COMM

I.J. and U.S. Postal Service, Post Office, Tampa, FL

I.J. (ECAB 14-1109): Medical evidence did not link injuries to postal vehicle crash

I.J., a postal carrier, reported back, shoulder, and arm injuries after another vehicle struck his stopped postal vehicle. OWCP accepted that the crash occurred but denied his injury claim because the medical evidence did not adequately connect the claimed conditions to it. The Board found that his…

October 6, 2014 ·ECAB
Affirmed
COMM

M.Z. and U.S. Postal Service, Post Office, Milwaukee, WI

M.Z. (ECAB 14-1108): Right arm award increased to nine percent

M.Z., a postal carrier, received a schedule award after treatment and surgery for an accepted right thumb condition. His physician rated the thumb at 26 percent permanent impairment, and OWCP’s medical adviser converted that to nine percent impairment of the right arm. OWCP’s award nevertheless…

October 6, 2014 ·ECAB
Modified
COMM

D.B. and U.S. Postal Service, Post Office, Baltimore, MD

D.B. (ECAB 14-1093): Ten percent left arm impairment award upheld

D.B., a postal mail handler, sought a schedule award for permanent impairment after an accepted left wrist injury and surgery. Her evaluating physician estimated 28 percent arm impairment, while OWCP’s medical adviser estimated 10 percent. The Board found that the physician had skipped the required…

October 6, 2014 ·ECAB
Affirmed
COMM

C.A. and U.S. Postal Service, Post Office, Benicia, CA

C.A. (ECAB 14-1016): Receptionist capacity supported reduced wage benefits

C.A., a postal letter carrier with accepted knee conditions, received total disability compensation after the Postal Service could no longer accommodate her restrictions. OWCP reduced her wage-loss benefits based on her capacity to work as a receptionist, even though she had not obtained such a…

October 6, 2014 ·ECAB
Affirmed
COMM

L.L. and U.S. Postal Service, Post Office, Medford, NY

L.L. (ECAB 14-0839): Schedule award claim stayed closed after bare reconsideration request

L.L., a postal custodian with an accepted left ankle injury, sought a schedule award for permanent impairment. OWCP denied the award and later refused to reconsider its decision. The Board reviewed only the refusal to reopen the claim. It found that L.L.’s reconsideration request identified no…

October 6, 2014 ·ECAB
Affirmed
COMM

D.A. and U.S. Postal Service, Post Office, Short Hills, NJ

D.A. (ECAB 14-0546): Psychiatric evaluation required for work stress claim

D.A., a postal customer service supervisor, claimed that increased work duties and staffing cuts aggravated her depression. OWCP accepted several work factors but denied the claim for insufficient medical proof of causation. The Board found that her psychiatrist’s reports supported a possible link…

October 6, 2014 ·ECAB
Remanded
COMM

L.R. and Department of the Air Force, Strategic Air Command, Vandenberg Air Force Base, CA

L.R. (ECAB 14-0385): Total disability claim for earlier years denied

L.R., a former Air Force worker with an accepted low back injury, sought total disability compensation for a period when he was receiving partial disability benefits. His physician attributed his inability to work to a lumbar disc condition and the earlier injury. The Board discounted that opinion…

October 6, 2014 ·ECAB
Affirmed
COMM

Secretary of Labor v. D&S Mining & Exploration

Address failures lead to reopening and warning

D&S Mining said it never received a proposed assessment and discovered the delinquency through a collection notice. The assessment had been sent to its address of record, but the delivery address was changed by hand and the package was refused; later mailings to another address were returned…

October 3, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. D & S Mining & Exploration

Assessment reopened with warning about future relief

D & S Mining said it never received a proposed assessment and discovered the delinquency through a collection notice. The assessment had been sent to its address of record, but the delivery address was changed by hand and the package was refused; later mailings to another address were returned…

October 3, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Ameron Hawaii

Assessment lost in interoffice mail reopened

Ameron Hawaii's proposed assessment became final after it was inadvertently lost in the company's interoffice mail. The company discovered the error when MSHA sent a delinquency notice. The Secretary did not oppose reopening and urged Ameron to strengthen its contest procedures. The Commission…

October 3, 2014 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Twentymile Coal Company

Inadequate belt examination affirmed on remand

The Commission reinstated an order involving an on-shift examination and sent the case back to determine whether Twentymile's examination was inadequate. Judge David F. Barbour found that extensive coal and dry coal-fines accumulations were present along the operating belt when the examination…

October 3, 2014 ·David F. Barbour ·FMSHRC
Citations affirmed
COMM

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

E.K. (ECAB 14-1364): Conflicting shoulder opinions require impartial examination

E.K., a postal mail handler, claimed that lifting a heavy package at work injured both shoulders in addition to an accepted low back strain. Her treating physician attributed ongoing shoulder problems to the lifting incident, while an OWCP examiner said any left shoulder aggravation was temporary…

October 3, 2014 ·ECAB
Remanded
COMM

L.S. and Department of Homeland Security, Customs and Border Protection, Pembroke Pines, FL

L.S. (ECAB 14-1243): Back pain at work lacked a medical causation explanation

L.S., a Customs and Border Protection supervisor, reported sudden back pain when he moved from his desk to answer his office door. OWCP accepted that the event occurred but denied his injury claim. The Board found that his medical reports diagnosed back conditions without explaining how the desk…

October 3, 2014 ·ECAB
Affirmed
COMM

M.A. and U.S. Postal Service, Post Office, Atlanta, GA

M.A. (ECAB 14-1071): Postal vehicle crash claim lacked adequate medical proof

M.A., a postal carrier, was in a collision while driving a mail truck and sought compensation for injuries and time away from work. OWCP accepted that the crash happened but denied the claim for insufficient medical proof of a resulting injury. The Board found that a hospital physician diagnosed a…

October 3, 2014 ·ECAB
Affirmed
COMM

M.B. and Department of Homeland Security, Transportation Security Administration, West Palm Beach, FL

M.B. (ECAB 14-1065): Later loss of work did not establish recurrence from 2008 injury

M.B., a Transportation Security Administration screener, had accepted low back injuries from 2008 and 2011. He sought disability compensation under the 2008 claim after his employer removed him from work in January 2013. The Board found that his limited-duty assignment at that time related to the…

October 3, 2014 ·ECAB
Affirmed
COMM

S.P. and U.S. Postal Service, Post Office, Sandy Springs, OK

S.P. (ECAB 14-1053): Benefit termination reversed for inadequate medical opinion

S.P., a postal custodian, received wage-loss and medical benefits for several accepted conditions following a work injury. OWCP ended both benefits after its second opinion physician reported that the conditions had resolved. The Board found that the physician did not adequately explain that…

October 3, 2014 ·ECAB
Vacated
COMM

M.E. and Department of Homeland Security, U.S. Citizenship and Immigration Services, Dallas, TX

M.E. (ECAB 14-1035): Wage-loss periods lacked a medical link to accepted aggravation

M.E., a Citizenship and Immigration Services employee, had an accepted aggravation of a preexisting lumbar disc condition after walking and standing during a work visit. He later claimed wage-loss compensation for multiple periods of missed work. The Board found that his medical evidence did not…

October 3, 2014 ·ECAB
Affirmed
COMM

R.J. and U.S. Postal Service, Post Office, Phoenix, AZ

R.J. (ECAB 14-1019): Legible hearing notice postmark required claim review

R.J., a postal mail handler, sought an increased schedule award for an accepted left knee injury. His attorney said OWCP mailed notice of a telephone hearing too late to provide the required 30 days. After OWCP rejected that argument based on an illegible postmark copy, the attorney submitted a…

October 3, 2014 ·ECAB
Remanded
COMM

A.F. and Department of Veterans Affairs, Veterans Health Administration, Topeka, KS

A.F. (ECAB 14-1017): Workload evidence did not establish a compensable stress factor

A.F., a Veterans Affairs medical reimbursement technician, attributed anxiety and stress to changing work instructions, account volume, and deadlines. OWCP accepted that several described events occurred but denied her emotional condition claim. The Board found insufficient evidence of overwork or…

October 3, 2014 ·ECAB
Affirmed
COMM

A.V. and U.S. Postal Service, Post Office, Tampa, FL

A.V. (ECAB 14-0748): Work activity injury claim sent for specialist review

A.V., a postal processing clerk, reported new and worsened neck, back, and shoulder symptoms after working at a mail sorting machine. OWCP denied her traumatic injury claim for insufficient medical proof. The Board found that the evidence supported her account of the work duties and that her…

October 3, 2014 ·ECAB
Remanded
ALJ

Secretary of Labor on behalf of Regald Robbins v. Alden Resources, LLC

Reinstatement tolled during mine shutdown

Regald Robbins had been temporarily reinstated at Alden Resources' Mine #3. The company later shut the mine down while it investigated whether enough low-ash coal remained to support further production, laying off Robbins and 43 other miners. Robbins did not oppose tolling the reinstatement order…

October 2, 2014 ·James G. Gilbert ·FMSHRC
Procedural
COMM

Secretary of Labor v. Limestone Dust Corp.

Assessment held for later mailing reopened

Limestone Dust received a proposed assessment but mistakenly waited for another assessment before forwarding both to counsel. The first assessment became a final Commission order before the company acted, and MSHA later sent a delinquency notice. The Secretary did not oppose reopening and urged the…

October 2, 2014 ·FMSHRC
Remanded
COMM

K.B. and U.S. Postal Service, Fox Creek Station, Detroit, MI

K.B. (ECAB 14-1454): No ratable leg impairment after accepted fall

K.B., a postal letter carrier, sought a schedule award after an accepted fall caused hip and thigh contusions and a temporary aggravation of a preexisting lumbar disc condition. OWCP’s examining physician found that the aggravation had resolved and reported no lower extremity findings that…

October 2, 2014 ·ECAB
Affirmed
COMM

S.B. and Department of the Navy, Camp Lejeune, NC

S.B. (ECAB 14-1363): Delayed hearing refusal impaired appeal rights

S.B., a Navy contract surveillance representative, asked for an oral hearing after OWCP denied his emotional condition claim. His request came more than 30 days after the denial, so he had no automatic right to a hearing. OWCP considered a discretionary hearing but waited more than six months to…

October 2, 2014 ·ECAB
Remanded
COMM

M.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

M.C. (ECAB 14-1348): Three percent right leg award upheld

M.C., a former Navy shipyard welder, received a schedule award for permanent right leg impairment from an accepted knee condition. His physician rated the impairment at 10 percent using a reported measurement of knee cartilage spacing. OWCP’s medical adviser rated it at three percent because the…

October 2, 2014 ·ECAB
Affirmed
COMM

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

K.K. (ECAB 14-1307): Late reconsideration request left recurrence denial closed

K.K., a former postal employee, sought reconsideration of a denied recurrence claim tied to an accepted 2000 injury. She mailed the request before the one year deadline, but OWCP received it after that deadline. The Board applied the rule measuring timeliness by OWCP’s receipt date and found the…

October 2, 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.