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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COMM

L.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX

L.M. (ECAB 14-0805): Occupational injury claim lacked work-activity detail

L.M., a medical support assistant, reported neck, shoulder, arm and wrist conditions from long shifts involving lifting, filing and repeated hand use. OWCP initially accepted her general account of the duties but later denied the claim because the factual work exposure had not been established. The…

July 21, 2014 ·ECAB
Affirmed
COMM

B.G. and U.S. Postal Service, Post Office, Federal Way, WA

B.G. (ECAB 14-0628): Weekly compensation pay rate affirmed

B.G., a part-time rural carrier, disputed the $335.68 weekly pay rate OWCP used after she stopped work for an accepted shoulder condition. She argued that using an earlier claimed injury date would produce a higher rate. The Board held that, for this occupational disease claim, the injury date was…

July 21, 2014 ·ECAB
Affirmed
COMM

K.H. and U.S. Postal Service, Post Office, Columbus, OH

K.H. (ECAB 14-0610): Knee and shoulder claim lacked medical causation opinion

K.H., a rural carrier, reported twisting her right knee and shoulder while handling a falling mail tray. OWCP accepted that the incident occurred but denied the injury claim because the medical reports did not explain how it caused or aggravated the diagnosed conditions. The Board found that one…

July 21, 2014 ·ECAB
Affirmed
COMM

R.F. and Department of Justice, Federal Correctional Institute, Fort Dix, NJ

R.F. (ECAB 14-0436): Arm impairment claim returned for a complete medical review

R.F., a correctional facility worker, sought a schedule award after an accepted temporary aggravation of cervical radiculitis. Doctors disagreed about the extent of permanent arm impairment, and OWCP relied on an impartial examiner who found none. The Board found that examiner’s opinion…

July 21, 2014 ·ECAB
Remanded
COMM

P.P. and Department of Homeland Security, Customs & Border Protection, Imperial, CA

P.P. (ECAB 14-0414): Leg awards upheld; wage-capacity issue returned

P.P., an immigration inspector with accepted foot conditions, sought higher leg schedule awards and a change to OWCP’s earlier wage-earning capacity finding. The Board upheld the award denials because his doctors supplied no impairment rating under the required edition of the rating guides to show…

July 21, 2014 ·ECAB
Mixed result
COMM

L.D. and Department of the Air Force, Peterson Air Force Base, CO

L.D. (ECAB 12-1408): Reconsideration granted; overpayment questions remain

L.D. asked the Board to reconsider its earlier decision about two compensation overpayments. The Board rejected his argument that a year of part-time work should be measured by an equivalent number of full-time hours when calculating his pay rate. It nevertheless found that the file lacked…

July 21, 2014 ·ECAB
Modified
ALJ

Secretary of Labor on behalf of Jeromy Coots v. Lone Mountain Processing, Inc.

Miner temporarily reinstated after roof-support complaint

Jeromy Coots alleged that Lone Mountain directed him to replace dislodged roof bolts in a 12-foot-high rehabilitation area without using an automated temporary roof-support system because setting it up took too long. He continued raising the issue, was struck and injured by falling material, and…

July 18, 2014 ·Janet G. Harner ·FMSHRC
Procedural
COMM

C.W. and U.S. Postal Service, Post Office, Malvern, AR

C.W. (ECAB 14-0925): Traumatic injury claim barred by filing deadline

C.W., a postal city carrier, filed a claim in 2013 for a fall she said occurred on her route in June 2009. The Board found the claim outside FECA’s three-year filing period. C.W. said she had told her supervisor immediately and prepared a written note, but the Board found no conclusive evidence…

July 18, 2014 ·ECAB
Affirmed
COMM

M.P. and Department of the Navy, Navy Installations Command, San Diego, CA

M.P. (ECAB 14-0777): Schedule award denied without arm or leg impairment

M.P., a Navy police officer, sought a schedule award after an accepted back and nerve injury during a work training demonstration. His physician rated a small whole-person impairment from the neck and lower back. The Board explained that FECA does not pay a schedule award for the spine or whole…

July 18, 2014 ·ECAB
Affirmed
COMM

P.B. and Department of the Air Force, Randolph Air Force Base, Randolph, TX

P.B. (ECAB 14-0660): Accepted hearing loss did not meet award threshold

P.B., an Air Force transportation operations officer, had accepted hearing loss from workplace noise and sought a schedule award. A specialist’s hearing test showed some high-frequency loss, and a medical consultant applied the adopted rating method. The average loss at the frequencies used for the…

July 18, 2014 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Scottsdale Hopi Station, Scottsdale, AZ

J.W. (ECAB 14-0636): Claim after seizure and traffic collision denied

J.W., a Postal Service supervisor, had a seizure at work and later drove away before her husband arrived to take her home. She was injured in a traffic collision and sought FECA compensation, arguing that the Postal Service had failed to give reasonable assistance under the human instincts…

July 18, 2014 ·ECAB
Affirmed
COMM

S.K. and Department of Homeland Security, Immigration & Customs Enforcement, Long Beach, CA

S.K. (ECAB 14-0520): Medical conflict requires impartial examination

S.K., a Homeland Security supervisory special agent, had an accepted injury from a 1999 training incident and later sought to add several upper-extremity conditions to his claim. Treating physicians connected the conditions to the injury and subsequent surgery, while an OWCP medical adviser found…

July 18, 2014 ·ECAB
Remanded
COMM

B.C. and Department of Justice, Bureau of Prisons, Ayer, MA

B.C. (ECAB 14-0432): Five percent arm award affirmed

B.C., a Bureau of Prisons correctional officer, injured his left shoulder while lifting a case of milk at work and later received a schedule award for five percent arm impairment. He sought a higher award based on a physician’s six percent rating. The Board found that rating rested on a…

July 18, 2014 ·ECAB
Affirmed
COMM

Bedoukian Research, Inc.

In re Bedoukian Research, Inc. (EAB TSCA 14-02C): $17,000 penalty paid and final order issued

EPA alleged that Bedoukian Research, Inc. violated section 12(b) of the Toxic Substances Control Act and 40 C.F.R. § 707.60. The complaint sought a $17,000 civil penalty. Bedoukian paid the full penalty under EPA's quick-resolution rule, which waived its rights to contest the allegations and appeal…

July 17, 2014 ·EPA EAB
Settled
COMM

Matter of G-G-S-, Respondent

Matter of G-G-S- (BIA ID 3806): mental health excluded from particularly serious crime analysis

The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge found that his assault with a deadly weapon conviction was a particularly serious crime and denied withholding of removal. The respondent had chronic paranoid schizophrenia, and the Board recognized that his…

July 17, 2014 ·BIA
Affirmed
COMM

W.S. and U.S. Postal Service, Bulk Mail Center, Hazelwood, MO

W.S. (ECAB 14-0885): Reconsideration denied without a merits review

W.S., a former postal clerk with accepted hand and wrist injuries, sought reconsideration after OWCP denied a claimed recurrence of disability. He and a Veterans Affairs medical center explained why requested medical records had been delayed. The Board found those explanations did not address the…

July 17, 2014 ·ECAB
Affirmed
COMM

M.B. and Department of Homeland Security, Transportation Security Administration, Los Angeles International Airport, CA

M.B. (ECAB 14-0811): Injury denial affirmed; medical bills returned to OWCP

M.B., a Transportation Security Administration screening officer, said he fainted during a shift and sought payment of paramedic and hospital bills. OWCP accepted that the incident occurred but denied his injury claim because he submitted no medical diagnosis linking a condition to it. The Board…

July 17, 2014 ·ECAB
Mixed result
COMM

B.P. and U.S. Postal Service, Post Office, Titusville, FL

B.P. (ECAB 14-0411): Rocket-launch fall outside performance of duty

B.P., a postal mail processing clerk, fell into a pothole after going outside to watch a rocket launch during her shift. She sought compensation for her injuries, arguing that she was on an authorized break and that the parking area was controlled by the Postal Service. The Board found the evidence…

July 17, 2014 ·ECAB
Affirmed
COMM

M.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Brockton, MA

M.M. (ECAB 14-0258): Neck condition lacked a supported work-causation opinion

M.M., a Veterans Affairs claims assistant, attributed her neck condition to computer work, typing, and turning at her workstation. The Board accepted that she performed those tasks but found the medical evidence did not adequately explain how they caused or aggravated the condition. Her physician’s…

July 17, 2014 ·ECAB
Affirmed
COMM

J.T. and U.S. Postal Service, Post Office, Redmond, WA

J.T. (ECAB 14-0072): Migraine benefit termination affirmed

J.T., a postal mail processor, had an accepted temporary aggravation of migraine headaches from workplace lighting. OWCP later terminated his compensation and medical benefits. The Board found a valid conflict between the treating and second-opinion physicians about whether the work-related…

July 17, 2014 ·ECAB
Affirmed
COMM

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

B.B. (ECAB 13-0823): Claim denials affirmed with two issues left for OWCP

B.B., a former postal employee, sought benefits for an emotional condition, fibromyalgia, and bilateral carpal tunnel syndrome. The Board found that accepted workplace conflicts did not by themselves establish a medically supported emotional-condition claim. It also found the medical evidence…

July 17, 2014 ·ECAB
Modified
ALJ

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

Two miners reinstated but economic option denied

Cameron Garcia alleged that Veris Gold fired him shortly after he reported equipment safety problems internally and filed an MSHA hazard complaint. Cheryl Garcia alleged that ongoing harassment tied to her safety reports and participation in an MSHA investigation compelled her to resign. Judge…

July 16, 2014 ·David P. Simonton ·FMSHRC
Procedural
COMM

Secretary of Labor v. Mize Granite Quarries, Inc.; Robert W. Mize III; and Clayborn Lewis

Individual penalty findings partly affirmed and remanded

An ALJ reduced individual section 110(c) penalties against quarry owner Robert Mize III and foreman Clayborn Lewis based partly on their financial circumstances. The Commission affirmed the findings that Mize had limited personal net worth and that record evidence reasonably supported treating…

July 16, 2014 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. River View Coal, LLC

Welder citation reduced to non-S&S with $125 penalty

MSHA cited River View Coal because about one inch of insulation was missing from both sides of a welder's electrode holder on a diesel mantrip. Judge Priscilla M. Rae held that the direct-current welder remained electrical equipment subject to the maintenance standard and that the damaged holder…

July 16, 2014 ·Priscilla M. Rae ·FMSHRC
Modified
ALJ

Secretary of Labor v. Leeco Incorporated

Roof-control violation affirmed with moderate negligence

Leeco operated the No. 68 underground coal mine where a continuous-miner operator was fatally pinned in a red-zone area while trying to free the machine. Leeco stipulated that it violated its approved roof control plan and that the violation was significant and substantial. The disputed issues were…

July 16, 2014 ·Thomas P. McCarthy ·FMSHRC
Citations affirmed
COMM

Dubois v. Clark Construction

Premature appeal dismissed without prejudice

Brian Keith Smith Dubois appealed in a Davis-Bacon Act case against Clark Construction. After the Board opened the appeal, a Labor Department judge issued an order extending time to respond to a show cause order. That indicated the judge had not yet issued a final decision for the Board to review…

July 16, 2014 ·DOL ARB
Procedural
COMM

A.L. and U.S. Postal Service, Shelby Post Office, Shelby, NC

A.L. (ECAB 14-0840): Accident accepted, neck injury unproved

A.L., a postal letter carrier, reported neck and back pain after a motor vehicle accident while working. OWCP accepted that the accident happened but denied her claim for a cervical injury. The Board found that the medical forms in the record bore an illegible signature, so their author could not…

July 16, 2014 ·ECAB
Affirmed
COMM

C.N. and Tennessee Valley Authority, Colbert Fossil Plant, Tuscumbia, AL

C.N. (ECAB 14-0691): Accepted hearing loss below award threshold

C.N., a Tennessee Valley Authority plant operator, had accepted hearing loss from workplace noise and sought a schedule award. The Board used the certified December 2013 hearing test to evaluate impairment under the adopted rating method. The average loss in each ear was below the method’s…

July 16, 2014 ·ECAB
Affirmed
COMM

L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA

L.J. (ECAB 14-0688): Carpal tunnel claim lacked a reasoned work link

L.J., a Veterans Affairs nurse who had returned to computer-based duties, sought compensation for bilateral carpal tunnel syndrome. OWCP accepted the described work activities, and medical testing showed the condition. The Board found the physicians’ reports did not provide a reasoned explanation…

July 16, 2014 ·ECAB
Affirmed
COMM

E.L. and Department of Homeland Security, Transportation Security Administration, Massachusetts Port Authority, East Boston, MA

E.L. (ECAB 14-0676): Keg incident accepted, new back injury unproved

E.L., a transportation security officer, tried to catch a falling beer keg at work and reported back pain afterward. OWCP accepted that the incident occurred but denied a new injury claim. The Board found that Dr. Fraga’s reports offered only a general causal opinion without explaining how this…

July 16, 2014 ·ECAB
Affirmed
COMM

V.W. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL

V.W. (ECAB 14-0665): Back condition not linked to accepted cart incident

V.W., a postal mail handler assistant, reported back pain and sciatica after pushing a container at work. OWCP accepted that the incident occurred. The Board found that the physician’s reports named symptoms and conditions but did not explain how the incident caused or aggravated them. Checked…

July 16, 2014 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Dallas, TX

J.S. (ECAB 14-0648): Benefit termination reversed over referee selection

J.S., a postal expediter and clerk, had accepted back and knee injuries after a mail container struck him. OWCP terminated his compensation and medical benefits based on an impartial examiner’s opinion that the accepted conditions had resolved. The Board found the record did not adequately document…

July 16, 2014 ·ECAB
Vacated
COMM

K.H. and U.S. Postal Service, Post Office, New Orleans, LA

K.H. (ECAB 14-0566): Multiple-condition claim lacked medical causation support

K.H., a postal mail processing clerk, attributed knee, upper-extremity, and other conditions to repetitive work with mail belts, parcels, and containers. Medical records documented knee disorders and bilateral carpal tunnel syndrome. The Board found that the physician’s reports did not adequately…

July 16, 2014 ·ECAB
Affirmed
COMM

D.P. and Department of the Air Force, U.S. Air Force Academy, CO

D.P. (ECAB 14-0301): Retroactive reduction of compensation reversed

D.P., an Air Force employee with accepted right-arm injuries, worked in a permanent computer assistant position before retiring on disability. OWCP later used his earnings in that position to reduce his compensation retroactively to zero. The Board found that OWCP had not adequately established…

July 16, 2014 ·ECAB
Vacated
COMM

A.M. and Department of Justice, Federal Bureau of Investigation, San Francisco, CA

A.M. (ECAB 14-0787): Leg and facial disfigurement awards affirmed

A.M., an FBI special agent, had accepted injuries after falling from a ladder and sought larger impairment and facial disfigurement awards. The Board found that OWCP’s medical adviser properly rated two percent impairment of the right leg and no ratable impairment of the left leg. A whole-person…

July 15, 2014 ·ECAB
Affirmed
COMM

R.S. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

R.S. (ECAB 14-0734): Hearing aid authorized, schedule award denied

R.S., a retired Navy shipyard employee, had accepted bilateral hearing loss from workplace noise and was authorized a hearing aid for his left ear. He sought a schedule award. The Board found that the certified hearing test yielded an average below the 25-decibel impairment threshold in the right…

July 15, 2014 ·ECAB
Affirmed
COMM

H.C. and U.S. Postal Service, Post Office, Cincinnati, OH

H.C. (ECAB 14-0486): Medical reports did not establish work disability

H.C., a postal clerk, sought disability compensation after OWCP accepted a lumbar sprain and an aggravation of lumbar conditions. OWCP denied compensation for the claimed period beginning July 28, 2011, and she appealed. A second opinion physician found no work disability, while a treating…

July 15, 2014 ·ECAB
Affirmed
COMM

S.L., claiming as widow of M.L., and Department of Labor, Occupational Safety and Health Administration, Philadelphia, PA

S.L. (ECAB 14-0123): Death benefit denial upheld after off-premises accident

S.L. sought benefits after her husband, an OSHA safety specialist, was struck by a car while crossing a public street during an authorized break and died two days later. She argued that he remained in the performance of duty because he was on a break during his workday and could be called back to…

July 15, 2014 ·ECAB
Affirmed
COMM

A.T. and U.S. Postal Service, Sunset Station, Pueblo, CO

A.T. (ECAB 14-0082): Board reverses denial of wage-earning capacity modification

A.T., a postal worker with accepted knee injuries, challenged OWCP’s refusal to change a 2008 wage-earning capacity determination. That determination relied on a modified position offered to accommodate his physical restrictions. The Board found that the job offer expressly described a position…

July 15, 2014 ·ECAB
Vacated
COMM

G.D. and Department of the Navy, Space Naval War Services, Charleston, NC

G.D. (ECAB 14-0080): Board upholds refusal to reopen workplace mold claim

G.D., a Navy information technology specialist, sought reconsideration after OWCP denied his claim that workplace mold aggravated his sinus and allergy conditions. OWCP had found that he did not establish the claimed mold exposure at unsafe levels. The Board found that the new medical reports did…

July 15, 2014 ·ECAB
Affirmed
COMM

O.S. and Department of Agriculture, Forest Service, Albuquerque, NM

O.S. (ECAB 13-0438): Board upholds denial of ranger’s back condition claim

O.S., a Forest Service district ranger, said frequent work travel, meetings and sitting caused or worsened his back and leg conditions. OWCP accepted that his duties involved prolonged sitting but denied his claim for lack of medical proof connecting those duties to the conditions. The Board found…

July 15, 2014 ·ECAB
Affirmed
COMM

T.G. and Department of Agriculture, Forest Service, Eugene, OR

T.G. (ECAB 14-0952): Board upholds benefit suspension for missing earnings report

T.G., a Forest Service recreation technician receiving disability compensation for an accepted injury, was asked to report her earnings and work activity on Form CA-1032. OWCP sent the form to her address of record and warned that her benefits would be suspended if she did not return it within 30…

July 14, 2014 ·ECAB
Affirmed
COMM

E.T., claiming as widow of T.H., and Department of Energy, Bonneville Power Administration, Portland, OR

E.T. (ECAB 14-0861): Death benefits denied for lack of medical causation evidence

E.T. sought benefits after her husband, a former federal employee, died following pneumonia and kidney failure. She attributed his illness and death to exposures during his earlier work for the Atomic Energy Commission. The Board found that one physician had said the connection between those…

July 14, 2014 ·ECAB
Affirmed
COMM

J.H. and Department of the Interior, Bureau of Reclamation, Sacramento, CA

J.H. (ECAB 14-0775): Board upholds denial of knee disability recurrence claim

J.H., a former Bureau of Reclamation maintenance worker, sought compensation for a claimed recurrence of disability related to a right knee injury OWCP accepted in 1982. His surgeon linked later knee degeneration generally to the earlier injury, surgery and years of physical activity. The Board…

July 14, 2014 ·ECAB
Affirmed
COMM

T.D. and U.S. Postal Service, Post Office, Alexandria, VA

T.D. (ECAB 14-0646): Board upholds termination for refusal of suitable work

T.D., a postal carrier receiving wage-loss compensation for accepted injuries, declined an offer of a modified carrier position. The Board found that the position complied with the lifting, casing and shoulder bag limits set by his treating physician. It also found that OWCP warned him of the…

July 14, 2014 ·ECAB
Affirmed
COMM

L.D. and U.S. Postal Service, Post Office, Kearny, NJ

L.D. (ECAB 14-0470): Left arm impairment award returned for further review

L.D., a postal worker with accepted bilateral carpal tunnel syndrome, received schedule awards based on two percent impairment of each upper extremity. An orthopedic surgeon whose report she submitted rated both arms at seven percent, while an impartial examiner rated them at two percent. The Board…

July 14, 2014 ·ECAB
Remanded
COMM

C.M. and U.S. Postal Service, Post Office, Jacksonville, FL

C.M. (ECAB 13-2009): Shoulder injury claim returned for medical development

C.M., a postal mail handler, reported right shoulder pain after lifting letter trays from high pallets at work. OWCP accepted that the lifting incident occurred and that he had a rotator cuff tear, but denied the claim for lack of proof linking the tear to the incident. The Board found that his…

July 14, 2014 ·ECAB
Remanded
COMM

M.B. and Department of Veterans Affairs, Veterans Health Administration, Fresno, CA

M.B. (ECAB 13-1388): Late reconsideration request did not show clear error

M.B., a VA pharmacist, sought reconsideration of an OWCP decision that had left a termination of compensation in place. OWCP received his request more than one year after its last merits decision. He submitted later medical reports describing multiple conditions and work limitations. The Board…

July 14, 2014 ·ECAB
Affirmed
COMM

United States Department of the Air Force, Sheppard Air Force Base, Wichita Falls, Texas (Respondent) and American Federation of Government Employees, Local 779, AFL-CIO (Charging Party)

Sheppard Air Force Base and AFGE Local 779 (FLRA DA-CA-10-0215): Late settlement argument dismissed

An FLRA judge found that Sheppard Air Force Base interfered with an employee's union activity and discriminated against her for seeking to represent coworkers. After the hearing but before the judge issued her decision, the base and union signed a settlement agreement. Neither told the judge about…

July 11, 2014 ·FLRA
Upheld
COMM

V.H. and U.S. Postal Service, Post Office, Cicero, NY

V.H. (ECAB 14-0760): Reconsideration of carpal tunnel award denied

V.H., a postal carrier with accepted bilateral carpal tunnel syndrome, received schedule awards based on one percent impairment of each arm. She sought reconsideration because her treating physician had previously rated her impairment at 10 percent. The Board found that her account of the second…

July 11, 2014 ·ECAB
Affirmed
COMM

A.L. and U.S. Postal Service, Post Office, Edison, NJ

A.L. (ECAB 14-0753): Medical reports did not link carpal tunnel condition to postal duties

A.L., a postal letter carrier, attributed his bilateral carpal tunnel syndrome to sorting, pushing, lifting and delivering mail. OWCP accepted his description of those work duties but denied the occupational disease claim. The Board found that his physicians diagnosed the condition and attributed…

July 11, 2014 ·ECAB
Affirmed
COMM

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

K.F. (ECAB 14-0681): Board reverses termination of wage-loss compensation

K.F., a postal carrier, received wage-loss compensation for accepted left foot conditions and later had heel surgery. OWCP terminated the payments after a treating physician released him to work without restrictions. The Board found that the release did not cite examination findings or explain why…

July 11, 2014 ·ECAB
Vacated
COMM

W.W. and Department of Transportation, Federal Aviation Administration, Washington, DC

W.W. (ECAB 14-0643): Accepted hearing loss did not qualify for schedule award

W.W., an FAA aviation safety inspector, had accepted work-related hearing loss and tinnitus after exposure to hangar noise. He sought a schedule award, but OWCP’s medical adviser calculated zero percent ratable hearing impairment from the audiogram. The Board agreed with that calculation under the…

July 11, 2014 ·ECAB
Affirmed
COMM

K.L. and Department of Agriculture, Rural Housing Service, York, SC

K.L. (ECAB 14-0328): Board upholds termination of carpal tunnel benefits

K.L. received compensation for accepted bilateral carpal tunnel syndrome and later continued to report hand symptoms. OWCP ended her wage-loss and medical benefits after a second opinion examination found no objective evidence of active carpal tunnel syndrome. The Board found that the examiner…

July 11, 2014 ·ECAB
Affirmed
COMM

K.K. and U.S. Postal Service, Post Office, Farmington, IL

K.K. (ECAB 14-0317): Shoulder injury had no ratable permanent impairment

K.K., a postal clerk, had an accepted work-related right shoulder condition and underwent authorized surgery. She sought a schedule award for permanent impairment of the arm. An examining physician found full shoulder motion, normal strength and sensation, and no significant objective abnormality…

July 11, 2014 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Moltz Construction, Inc.

Two citations reduced and a $200 total penalty assessed

Moltz Construction was an independent contractor working at the Climax Mine when MSHA cited an inoperative compactor backup alarm and a cluttered parts trailer. Judge Richard W. Manning affirmed the backup-alarm violation but reduced negligence to low because the alarm worked during the last…

July 10, 2014 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

M.H. and Department of Defense, Andrews Air Force Base, Camp Springs, MD

M.H. (ECAB 14-0756): Wage-earning capacity determination left in place

M.H., a former cashier at Andrews Air Force Base, received compensation for accepted spinal sprains. OWCP later reduced her wage-loss payments based on her capacity to work as a customer service representative. She sought to change that determination, submitting reports saying she could not return…

July 10, 2014 ·ECAB
Affirmed
COMM

G.N. and U.S. Postal Service, Post Office, Harrisburg, PA

G.N. (ECAB 14-0729): Board upholds $5,024.41 overpayment and fault finding

G.N., a postal mail clerk, received wage-loss payments after OWCP terminated his benefits effective August 1, 2013. OWCP calculated $5,024.41 in payments covering August 1 through September 21, 2013. He argued that his physician had not released him to work until September and that he thought the…

July 10, 2014 ·ECAB
Affirmed
COMM

A.B. and Department of the Army, Rock Island Arsenal, Rock Island, IL

A.B. (ECAB 14-0719): Work incident established, but injury causation unproved

A.B., an Army machinist, said a draft frame being lowered by crane leaned toward him and strained his leg. The Board treated the work incident as established but found the submitted medical record did not show that it caused a diagnosed injury. The chiropractic records either predated the incident…

July 10, 2014 ·ECAB
Affirmed
COMM

K.R. and U.S. Postal Service, Post Office, Federal Way, WA

K.R. (ECAB 14-0580): Knee claim lacked a reasoned link to postal duties

K.R., a rural mail carrier, claimed that walking, standing, and carrying heavy packages at work contributed to disease in both knees. She had bilateral knee replacement surgery in August 2013. Her orthopedic surgeon attributed most of the degeneration to genetics and suggested that work might have…

July 10, 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.