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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C.J. and Department of the Navy, Naval Air Station Alameda, Alameda, CA
C.J. (ECAB 13-1868): Disability claim requires fuller medical assessment
C.J. sought disability compensation from March 2005 through August 2010 based on accepted shoulder and back injuries. The Board found that OWCP’s medical development had not addressed the accepted injuries and later work history with a complete statement of facts. It set aside the May 22, 2013…
H.C. and Defense Agencies, Southern Region, Fort Lee, VA
H.C. (ECAB 13-1741): Left shoulder surgery request denied
H.C. sought authorization for left shoulder surgery. The Board found no current medical report recommending the procedure; a physician had said it might be considered if symptoms persisted. It affirmed OWCP’s January 15, 2013 denial.
R.M. and Department of Justice, Bureau of Prisons, Oklahoma City, OK
R.M. (ECAB 13-1697): No additional right-arm schedule award
R.M. sought an increased schedule award for right-arm impairment. The Board found that the medical rating of 13 percent did not exceed the 16 percent impairment already awarded. It affirmed OWCP’s June 26, 2013 denial of additional compensation.
D.H. and Department of Energy, Bonneville Power Administration, Portland, OR
D.H. (ECAB 13-1550): Neck surgery and related disability sent back
D.H. sought authorization for neck surgery and disability compensation after an accepted work injury. The Board found the medical record warranted further development on whether the injury contributed to the cervical condition and need for surgery. It set aside OWCP’s May 31, 2013 denial and…
D.D. and U.S. Postal Service, Post Office, Belmar, NJ
D.D. (ECAB 13-1517): Head injury claim denied for lack of medical causation
D.D. claimed an injury after striking his head on a postal vehicle. The Board found that the submitted medical reports did not adequately explain how the September 2, 2011 incident caused the claimed condition. It affirmed OWCP’s December 18, 2012 denial.
N.L. and U.S. Postal Service, Post Office, Philadelphia, PA
N.L. (ECAB 13-1510): Conflicting back disease opinions require impartial review
N.L. claimed that her postal duties caused or aggravated lumbar disc disease. Her treating physician and OWCP’s second-opinion physician gave conflicting, comparably reasoned causation opinions. The Board set aside OWCP’s December 12, 2012 denial and remanded for an impartial medical examination.
National Federation of Federal Employees, Local 405 (Union) and United States Department of the Army, U.S. Army Corps of Engineers, St. Louis, Missouri (Agency)
Army Corps St. Louis and NFFE Local 405 (FLRA 0-AR-4955): Attorney-fee denial remanded
An arbitrator reduced an Army Corps employee's seven-day suspension to a written reprimand and awarded backpay, but later denied the union's request for attorney fees. The Authority held that the arbitrator could consider the timely fee request after the merits award became final. It also held that…
United States Department of the Interior, U.S. Park Police (Agency) and Fraternal Order of Police, Labor Committee (Union)
U.S. Park Police and Fraternal Order of Police (FLRA 0-AR-4949): Interest on overtime backpay upheld
Park Police employees won overtime backpay under the Fair Labor Standards Act after being required to take compensatory time instead of pay. An arbitrator later awarded interest on that backpay under the Back Pay Act, and the agency challenged his authority to do so. The Authority held that Back…
Secretary of Labor v. Beckley Drilling & Blasting Services, Inc.
Assessment reopened after contest letters
Beckley's president sent MSHA a letter contesting three citations, but enclosed the required contest form only for the assessment covering two of them. He sent a second letter contesting all three shortly after the penalty for Citation No. 8656936 became final, but the company did not discover the…
Secretary of Labor v. Meigs Mine Service, LLC
Two assessments reopened after staff medical issues
Meigs Mine Service missed the deadlines to contest two proposed penalty assessments. The company said three members of its safety management staff were experiencing medical issues, which caused the filing failures. The Secretary did not oppose reopening and urged Meigs to adopt reliable contest…
Secretary of Labor v. Art Wilson Company
Late-mailed penalty contest reopened
Art Wilson Company received a proposed penalty assessment on May 8, 2013, but its contest was postmarked four days after the June 7 deadline. The company representative said he had placed the form in outgoing mail on the deadline, and the Secretary did not oppose reopening while urging better…
Secretary of Labor v. G & R Mineral Services, Inc.
Mistaken combined contest allowed to proceed
G & R Mineral Services received two proposed penalty assessments, but its safety director mistakenly believed one contest covered both. After counsel identified the error and MSHA sent a late notice, the company promptly sought to reopen the assessment that had become final. The Secretary did not…
Secretary of Labor v. Mountainside Coal Company
Documented but unreceived contest reopened
Mountainside Coal said it timely mailed a penalty contest and supplied documentation of the mailing, but MSHA had no record of receiving it. After the assessment became final and MSHA sent a delinquency notice, the company asked the Commission to reopen the case. The Secretary did not oppose the…
Secretary of Labor v. Warrior Coal, LLC
Missed penalty contest reopened after internal mail error
Warrior Coal failed to contest a proposed penalty within 30 days because an unknown internal mail error kept the assessment from reaching its safety department. The assessment therefore became a final Commission order, but Warrior moved to reopen before MSHA mailed a delinquency notice. The company…
J.W. and Department of Agriculture, Office of Civil Rights, Washington, DC
J.W. (ECAB 14-0246): Disability recurrence claim denied
J.W. sought compensation for a recurrence of disability attributed to an accepted November 2003 injury. The Board found that the evidence did not establish a causal relationship between the accepted injury and the claimed later disability. It affirmed OWCP’s October 23, 2013 denial.
C.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Syracuse, NY
C.M. (ECAB 14-0212): Recurrence of disability not established
C.M. claimed a recurrence of disability beginning November 29, 2012 from an accepted 2006 injury. The Board found that the medical reports and diagnostic testing did not adequately establish a causal relationship to that injury. It affirmed OWCP’s September 9, 2013 denial.
M.H. and U.S. Postal Service, Post Office, Columbia, SC
M.H. (ECAB 14-0209): Suitable-work termination reversed
OWCP ended M.H.’s compensation after she declined a modified carrier position. The Board found that unresolved medical evidence about her cognitive and psychological limitations left the suitability of that position uncertain. OWCP therefore had not carried its burden to terminate compensation. The…
I.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Topeka, KS
I.S. (ECAB 14-0078): Refusal to reopen claim affirmed
I.S. sought reconsideration of an OWCP claim decision. The Board could review only the nonmerit refusal. It found that she had provided no new evidence or relevant legal argument warranting further merit review. It affirmed OWCP’s April 15, 2013 decision.
F.H. and Department of the Army, Materiel Command, Richmond, KY
F.H. (ECAB 14-0038): Benefit termination date changed; later residuals remanded
OWCP terminated F.H.’s benefits for accepted injuries. The Board found termination justified as of November 30, 2011, but held that he was entitled to wage-loss and medical benefits from August 5 through November 30, 2011. It also found the record insufficient to decide whether he proved continuing…
J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL
J.D. (ECAB 13-1902): Bilateral leg impairment ratings sent back
J.D. sought schedule awards above 10 percent for each leg. The Board found that OWCP had not adequately resolved issues in the medical impairment assessment. It set aside the February 11, 2013 decision and remanded for further development of the rating evidence.
C.A. and U.S. Postal Service, Post Office, Las Vegas, NV
C.A. (ECAB 13-1792): Schedule award denied without a medical impairment rating
C.A. sought a schedule award following an accepted 2012 injury. The Board found no medical opinion rating any permanent impairment from that injury. It noted that the knee procedure was compensable under the rating guide, but the record lacked the needed medical evaluation. It affirmed OWCP’s June…
Secretary of Labor v. Peabody Caballo Mining, LLC
Ladder violation modified and conveyor citation vacated
MSHA cited two conditions at Peabody Caballo's Rawhide surface coal mine and proposed $734 in penalties. Judge Richard W. Manning found that pipes behind a fixed ladder left less than the required three inches of toe clearance and created an S&S fall hazard. Because the ladder and pipes had existed…
Ross Transport Co., Inc. and Arnold Steinman
In re Ross Transport Co., Inc. and Arnold Steinman (EAB RCRA (9006) Appeal No. 14-01): default order adopted and $23,821 penalty assessed
The EAB reviewed an Initial Decision and Default Order on its own initiative because the Board questioned whether Ross Transport Co., Inc. and Arnold Steinman had been properly served. EPA Region 3 supplied proof that the administrative complaint, Default Order, and motion for a Default Order had…
Sierra Pacific Industries, Anderson Division
In re Sierra Pacific Industries, Anderson Division (EAB PSD Appeal No. 14-01): Appeal dismissed for lack of jurisdiction
Celeste Draisner asked the Environmental Appeals Board to review what she described as a prevention of significant deterioration permit for Sierra Pacific Industries' Anderson, California, facility. The Board determined that the challenged document was instead a renewed Title V operating permit…
R.L. and Department of the Treasury, Internal Revenue Service, Memphis, TN
R.L. (ECAB 14-0149): Limited disability period recognized
R.L. sought pay for periods after an accepted neck and head injury. The Board found medical support for disability from August 22 through September 19, 2011, but not for the other periods claimed. It affirmed OWCP’s August 12, 2013 decision as modified to reflect the supported period.
L.S. and Department of the Army, Corps of Engineers, Vicksburg, MS
L.S. (ECAB 14-0054): Old occupational disease claim found untimely
L.S. appealed OWCP’s denial of his occupational disease claim as untimely and a later refusal to reconsider. The Board found the claim filed well beyond the statutory period and found no relevant new evidence or argument warranting further review. It affirmed OWCP’s June 11 and July 11, 2013…
C.B. and U.S. Postal Service, Post Office, Brooksville, FL
C.B. (ECAB 14-0031): Compensation ended after suitable-work refusal
C.B. declined an offered position after an accepted shoulder injury. The Board found that OWCP had established the work was suitable and followed the required procedures. The contrary medical statements did not show that the accepted injury prevented the work. The Board affirmed OWCP’s September…
A.D. and U.S. Postal Service, Snapper Creek Branch, Miami, FL
A.D. (ECAB 14-0020): Multiple occupational disease claims denied
A.D. claimed work-related conditions affecting his back, knees, feet, elbow, and wrist. The Board found that the submitted medical reports did not adequately explain how his specific postal duties caused the diagnosed conditions. It affirmed OWCP’s May 17, 2013 denial.
V.W. and U.S. Postal Service, Post Office, New York, NY
V.W. (ECAB 14-0003): Continuing disability and residuals not established
V.W. sought compensation for work-related disability or injury residuals after December 1, 2010. The Board found that the evidence did not establish a continuing relationship to her accepted injury. It also rejected her arguments about the second-opinion examination and pretermination process. The…
R.S. and Department of the Air Force, Robins Air Force Base, GA
R.S. (ECAB 13-1981): Left-ear award remains at four percent
R.S. sought a larger schedule award for left-ear hearing loss. The Board credited OWCP’s medical adviser’s calculation of four percent monaural impairment based on the clinical examination. It found no supporting test in the record for the higher rating R.S. claimed and affirmed the August 7, 2013…
D.H. and Tennessee Valley Authority, Paradise Fossil Plant, Chattanooga, TN
D.H. (ECAB 13-1976): Work-related hearing loss claim denied
D.H. claimed hearing loss from workplace noise exposure. The Board found evidence of hearing loss and federal noise exposure but insufficient medical evidence that the exposure contributed to the condition, given hearing loss documented before his federal employment. It affirmed OWCP’s June 12…
A.P. and U.S. Postal Service, Post Office, Tampa, FL
A.P. (ECAB 13-1593): Occupational disease claim denied for lack of causation
A.P. attributed diagnosed conditions to postal duties including carrying mail and walking. The Board found that the physician’s report did not address those specific duties or provide adequate medical reasoning connecting them to the conditions. It affirmed OWCP’s January 18, 2013 denial.
A.R. and Department of Veterans Affairs, Veterans Health Administration, San Antonio, TX
A.R. (ECAB 13-1461): Compensation suspension for obstructed examinations upheld
A.R. challenged OWCP’s suspension of compensation after two directed medical examinations were obstructed. The Board found no sufficient evidence that she could not undergo the evaluations or that alleged examiner bias justified the obstruction. It affirmed OWCP’s April 10, 2013 decision.
J. Reed Constructors, Inc.
Repeat aerial-lift tie-off violation affirmed
Two J. Reed Constructors employees installed exterior sheeting from an aerial lift about 35 feet above the ground without tying off. The company conceded the violation but disputed knowledge and asserted unpreventable employee misconduct. The judge found constructive knowledge because the condition…
J.S. and U.S. Postal Service, Post Office, Jamestown, NY
J.S. (ECAB 14-0186): Schedule award denied for insufficient impairment rating
J.S. sought a schedule award for right-hand impairment. Her physician assigned a two percent rating but did not explain the calculation under the applicable A.M.A. Guides table, even after OWCP asked for clarification. The Board affirmed OWCP’s August 9, 2013 denial.
D.C. and U.S. Postal Service, Post Office, Brooklyn, NY
D.C. (ECAB 14-0120): Termination of compensation upheld
OWCP terminated D.C.’s compensation benefits after finding her accepted work injury had resolved. The Board found that OWCP met its burden to terminate benefits and that D.C. had not established continuing disability or medical residuals after March 28, 2012. It affirmed the May 29, 2013 decision.
R.B. and U.S. Postal Service, Post Office, New York, NY
R.B. (ECAB 14-0096): Late reconsideration of old claim denied
R.B. sought reconsideration of decades-old decisions terminating compensation and declining to accept another condition. The Board found the request untimely and the submissions insufficient to show clear error in OWCP’s earlier decisions. It affirmed OWCP’s August 5, 2013 refusal to reopen.
H.K. and Department of the Navy, Naval Base, Ventura, CA
H.K. (ECAB 13-1925): Left-leg impairment rating requires further review
H.K. sought more than the one percent left-leg impairment already awarded. OWCP had accepted an additional ACL tear but did not let its medical adviser review a later treating report in light of that accepted condition. The Board set aside the March 22, 2013 decision and remanded for an updated…
J.A. and U.S. Postal Service, Post Office, Norfolk, VA
J.A. (ECAB 13-1910): Longstanding disability claim denied
J.A. sought disability compensation from September 28, 1979 onward based on accepted work injuries. The Board found that the medical reports did not address the accepted injuries or explain the cause of the later claimed disability. It affirmed OWCP’s April 8, 2013 denial.
N.L. and U.S. Postal Service, Post Office, San Francisco, CA
N.L. (ECAB 13-1763): Knee claim denied; reconsideration sent back
N.L. claimed a work-related left knee condition. The Board affirmed OWCP’s merits denial because the existing medical evidence did not establish causation. It also found that later medical reports were relevant new evidence requiring a merit review. The Board remanded OWCP’s June 12, 2013 refusal…
P.J. and Social Security Administration, Nashville, TN
P.J. (ECAB 13-1718): Refusal to reopen disability claim affirmed
P.J. sought reconsideration of an OWCP decision concerning continued disability. The Board could not review the underlying merits. It found that the submitted medical reports were irrelevant or repeated evidence already considered, so they did not warrant reopening. The Board affirmed the January…
C.T. and Department of the Army, Army Depot, Anniston, AL
C.T. (ECAB 13-0602): Emotional condition claim denied
C.T. claimed an emotional condition caused by events at work. The Board found that the allegations were not supported by evidence establishing a compensable employment factor. Without that threshold showing, it affirmed OWCP’s August 6, 2012 denial.
Secretary of Labor on behalf of Charles Riordan v. Knox Creek Coal Corporation
Miner temporarily reinstated after ventilation complaints
Charles Riordan said Knox Creek Coal terminated him after he repeatedly complained to management about inadequate mine ventilation. Judge William B. Moran found credible evidence of protected safety activity, management hostility, termination, and a close enough timing relationship to connect the…
Secretary of Labor v. Banner Blue Coal Company
Reopening denied after unexplained six-month delay
Banner Blue Coal Company missed the deadline to contest a proposed penalty assessment after an administrative assistant failed to file the contest form. The Commission found that the lack of a procedure to confirm timely filing suggested an inadequate or unreliable internal system. Banner Blue also…
Matter of Siegfred Ara SIERRA, Respondent
Matter of SIERRA (BIA ID 3799): Nevada stolen-vehicle offense was not an aggravated felony
The Board reviewed a Filipino lawful permanent resident's appeal from an order of removal based on convictions for crimes involving moral turpitude and an alleged aggravated felony. The Board held that attempted possession of a stolen vehicle under Nevada law was not categorically a theft-offense…
Secretary of Labor v. The Doe Run Company
Default vacated and penalty case reopened
The Doe Run Company failed to answer the Secretary's petition for a civil penalty assessment, and an order to show cause became a default order. Doe Run said its safety director resigned and the replacement safety director discovered the missed filing after receiving a substitution-of-counsel…
R.M. and U.S. Postal Service, Post Office, Little Rock, AR
R.M. (ECAB 14-0198): Additional shoulder conditions not accepted
R.M. sought to expand an accepted claim to include bilateral shoulder conditions. The Board found that the physician’s report did not explain how those conditions resulted from his work duties. It affirmed OWCP’s August 29 and October 17, 2013 denials.
M.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Cleveland, OH
M.M. (ECAB 14-0108): Related knee claims consolidated for new decision
M.M. appealed denial of a left knee claim that OWCP had separated from an earlier accepted knee injury file. The Board found that the medical records in the earlier file were needed to adjudicate the later claim consistently. It set aside the June 27, 2013 decision and remanded for consolidation…
P.V. and U.S. Postal Service, Post Office, Grand Rapids, MI
P.V. (ECAB 14-0029): Right knee injury claim denied
P.V. claimed a right knee condition from a January 3, 2013 work incident. The Board found that the submitted medical and diagnostic evidence did not provide a reasoned opinion linking the condition to the incident. It affirmed OWCP’s August 26, 2013 denial.
C.D. and U.S. Postal Service, Monrovia Post Office, Monrovia, CA
C.D. (ECAB 13-2101): Refusal to reopen emotional condition claim affirmed
C.D. requested reconsideration of an emotional condition claim. The Board could not review the underlying merits. It found that the new medical material and character statement did not address the threshold issue of a compensable workplace factor. The Board affirmed OWCP’s March 20, 2013 refusal to…
M.P. and U.S. Postal Service, Post Office, Long Beach, CA
M.P. (ECAB 13-2087): Left-arm award remains at nine percent
M.P. sought a larger schedule award for left-arm impairment. The Board found that the medical evidence did not establish more than the nine percent permanent impairment already awarded under the applicable A.M.A. Guides. It affirmed OWCP’s August 14, 2013 decision.
V.B. and Department of the Navy, Naval Air Depot, Cherry Point, NC
V.B. (ECAB 13-2068): New impairment evidence requires schedule-award decision
V.B. submitted new medical evidence of permanent impairment after an earlier schedule-award decision. OWCP treated the submission as an untimely reconsideration request. The Board found that it should have been considered a new claim for an additional schedule award. It set aside the August 6, 2013…
C.C. and U.S. Postal Service, Post Office, Greenville, SC
C.C. (ECAB 13-1964): Suitable-work termination reversed for missed notice
OWCP ended C.C.’s compensation after she declined offered work. The Board found that OWCP had failed to tell her that it rejected her reasons for refusal and give her the required 15 days to accept the job without penalty. It reversed the July 5, 2013 termination decision.
J.J. and Department of Defense, Missile Defense Agency, Fort Belvoir, VA
J.J. (ECAB 13-1905): Late overpayment hearing request denied
J.J. requested a prerecoupment hearing more than 30 days after OWCP’s preliminary overpayment notice. The Board found the request untimely and rejected his arguments about the notice as insufficient to change that result. It affirmed OWCP’s July 15, 2013 hearing denial.
C.A. and Department of Homeland Security, Immigration & Customs Enforcement, Washington, DC
C.A. (ECAB 13-1877): Right-arm award and reopening denial affirmed
C.A. sought a schedule award above six percent right-arm impairment and later asked OWCP to reconsider. The Board found no medical basis for a larger award and found that one resubmitted letter repeated earlier evidence and that the new narrative did not address the impairment rating. It affirmed…
B.H. and U.S. Postal Service, Bulk Mail Center, Philadelphia, PA
B.H. (ECAB 13-1053): Termination of injury benefits upheld
OWCP terminated B.H.’s wage-loss and medical benefits effective June 3, 2012. The Board gave determinative weight to the impartial medical examiner’s report finding no remaining residuals of the accepted neck and back sprains. It affirmed OWCP’s December 4, 2012 decision.
United States Department of the Air Force, Grissom Air Reserve Base, Miami, Indiana (Agency) and American Federation of Government Employees, Local 3254 (Union)
Grissom Air Reserve Base and AFGE Local 3254 (FLRA 0-AR-4928): Promotion backpay set aside
An Air Force contract specialist became eligible for promotion from GS-7 to GS-9, but her promotion was delayed about nine months. An arbitrator found that she had been treated differently from two colleagues and awarded backpay, while also finding that the delay did not meet the legal definition…
Richard M. Robinson and Robert D. Haberlock v. Vulcan Construction Materials, LP, et al.
Late discrimination claims allowed to proceed
Vulcan Construction Materials sought dismissal of discrimination claims by miners' representatives Richard Robinson and Robert Haberlock as untimely. The miners had filed within the Mine Act's 60-day period, withdrawn after receiving information from an MSHA investigator, and later refiled through…
Awatif N. Misho v. Global Linguist Solutions
Misho v. Global Linguist Solutions (BRB 13-0436): permanent disability begins when disabling condition stabilizes
Awatif Misho injured her shoulder while working as a translator in Iraq and also developed a work-related psychological condition. An administrative law judge found that the psychological condition alone prevented her from returning to her former work and that it became permanent on May 3, 2012. He…
L.D. and U.S. Postal Service, Post Office, Cleveland, OH
L.D. (ECAB 14-0205): Refusal to reopen shoulder claim affirmed
L.D. sought reconsideration of a claim involving her left shoulder. The Board could review only OWCP’s nonmerit ruling. It found that counsel repeated an earlier legal argument and the new form report repeated an existing diagnosis without a reasoned explanation of causation. It affirmed the…
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.