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

M.J. and Department of Commerce, National Oceanic & Atmospheric Administration, Norfolk, VA

M.J. (ECAB 14-0200): Left foot injury claim denied

M.J. claimed a left foot injury after a May 23, 2013 work incident. The Board found that the medical evidence did not establish a causal relationship between the incident and the diagnosed condition. It affirmed OWCP’s October 21, 2013 denial.

April 7, 2014 ·ECAB
Affirmed
COMM

J.K. and U.S. Postal Service, Processing & Distribution Center, West Palm Beach, FL

J.K. (ECAB 14-0171): Conflicting disability opinions require impartial examination

J.K. claimed a recurrence of disability beginning July 25, 2012 following an accepted hand injury and carpal tunnel syndrome. His physicians and OWCP referral physicians disagreed about whether the accepted conditions prevented work. The Board set aside OWCP’s August 13, 2013 decision and ordered…

April 7, 2014 ·ECAB
Remanded
COMM

J.B. and Department of the Air Force, McGuire Air Force Base, Trenton, NJ

J.B. (ECAB 14-0163): Additional conditions denied and neck-sprain termination upheld

J.B. sought acceptance of additional conditions from his April 8, 2010 work injury and challenged the end of benefits for the accepted neck sprain. The Board found that he had not proved the additional conditions and that OWCP had justified termination of benefits for the resolved sprain. It…

April 7, 2014 ·ECAB
Affirmed
COMM

L.W. and Department of Agriculture, Inspection Operations Program, Clinton, NC

L.W. (ECAB 14-0162): Consequential right ankle condition denied

L.W. claimed that a right ankle condition resulted from her accepted July 5, 2012 left knee injury. The Board found that the medical evidence did not establish the claimed consequential relationship. It affirmed OWCP’s June 18, 2013 decision.

April 7, 2014 ·ECAB
Affirmed
COMM

T.R. and U.S. Postal Service, Post Office, Santa Maria, CA

T.R. (ECAB 14-0042): Suitable-work termination reversed

OWCP terminated T.R.’s compensation after finding that she refused suitable work. Her physician issued different work restrictions in two documents on the same day, and OWCP did not clarify which restrictions applied before judging the offered position suitable. The Board reversed the July 8, 2013…

April 7, 2014 ·ECAB
Vacated
COMM

D.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL

D.D. (ECAB 13-1535): Impairment set at six percent for each arm

D.D. challenged his upper-extremity schedule awards. OWCP’s referral memorandum incorrectly placed an earlier one percent award on the right arm rather than the left, causing the right-arm award to be understated. The Board affirmed the March 8, 2013 decision as modified to recognize six percent…

April 7, 2014 ·ECAB
Modified
ALJ

Alabama Salvage Auction Company, Inc., d/b/a Total Resource Auctions

Electrical and hazard-communication violations affirmed

Alabama Salvage employees used a shop vacuum in a wet car-wash area with an extension cord that had damaged insulation, exposed copper, and a severed grounding wire. The company admitted the electrical violations but argued they were not serious because the circuit had a ground-fault interrupter…

April 7, 2014 ·John B. Gatto ·OSHRC
Citations affirmed
COMM

F.R. and Department of Veterans Affairs, Veterans Canteen Service, San Antonio, TX

F.R. (ECAB 13-0883): Left-leg impairment award remains at two percent

F.R. sought a larger schedule award for impairment of his left leg. The Board found that the medical evidence did not establish more than the two percent impairment already awarded. It affirmed OWCP’s February 14, 2013 decision.

April 7, 2014 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Elk Run Coal Company

Three roof-control and one examination violation affirmed with $172,944 penalty

MSHA cited four roof-control and examination violations in the primary escapeway at Elk Run Coal Company's Roundbottom Powellton Deep Mine. The conditions included an overwide entry with excessive roof-bolt spacing, loose draw rock above the lifeline, improperly installed wire mesh loaded with…

April 4, 2014 ·William S. Steele ·FMSHRC
Modified
ALJ

Secretary of Labor on behalf of Jose Villa v. Molycorp Minerals, LLC

Privileged investigation records withheld

Molycorp Minerals sought unredacted MSHA interview memoranda, witness statements, and an internal memorandum in a discrimination case brought for miner Jose Villa. Judge Alan G. Paez found that the disputed records were protected by the work-product privilege, the informant's privilege, or both…

April 4, 2014 ·Alan G. Paez ·FMSHRC
Procedural
COMM

R.B. and Department of the Air Force, Air National Guard, Cheyenne, WY

R.B. (ECAB 14-0167): New injury account requires merit review

R.B. asked OWCP to reconsider its denial of her left shoulder injury claim. Her detailed account of how she fell and tried to catch a car bumper addressed the factual history on which OWCP had based its denial. The Board found this new account relevant, set aside the September 10, 2013 refusal to…

April 4, 2014 ·ECAB
Remanded
COMM

B.M. and U.S. Postal Service, Processing & Distribution Center, Palatine, IL

B.M. (ECAB 14-0146): Claimed disability period not established

B.M. sought wage-loss compensation for October 12, 2009 through April 7, 2010 after an accepted work injury. The Board found that the medical evidence did not establish disability from the accepted condition during that period. It affirmed OWCP’s September 9, 2013 decision.

April 4, 2014 ·ECAB
Affirmed
COMM

R.G. and Department of Homeland Security, Customs & Border Protection, Weslaco, TX

R.G. (ECAB 14-0130): Hearing loss did not warrant schedule award

R.G. sought a schedule award for accepted noise-induced hearing loss. The Board found that the hearing loss was not ratable under the applicable impairment standards. It affirmed OWCP’s May 9, 2013 decision.

April 4, 2014 ·ECAB
Affirmed
COMM

C.R. and Department of the Navy, Marine Corps Air Station, Cherry Point, NC

C.R. (ECAB 14-0111): Wage-earning capacity determination left in place

C.R. sought modification of an earlier wage-earning capacity determination. The Board found that the evidence did not establish one of the grounds for changing that determination. It affirmed OWCP’s May 2, 2013 refusal to modify it.

April 4, 2014 ·ECAB
Affirmed
COMM

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

E.R. (ECAB 14-0053): No scheduled impairment from accepted hip condition

E.R. sought a schedule award based on accepted enthesopathy of the right hip region. The Board found that she had not established permanent impairment of a scheduled member caused by that condition. It affirmed OWCP’s September 9, 2013 decision.

April 4, 2014 ·ECAB
Affirmed
COMM

P.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Altoona, PA

P.S. (ECAB 14-0051): Refusal to reopen eye impairment claim affirmed

P.S. requested reconsideration of his right-eye schedule-award claim. The Board could review only the nonmerit ruling. It found that his renewed arguments and medical submissions did not provide pertinent new evidence of a ratable impairment. It affirmed OWCP’s June 27, 2013 refusal to reopen.

April 4, 2014 ·ECAB
Affirmed
COMM

D.F. and U.S. Postal Service, Post Office, Carol Stream, IL

D.F. (ECAB 13-2109): Related schedule-award files require consolidation

D.F. sought an additional schedule award for her left leg. OWCP referred to earlier injury files and an earlier left-leg award, but those records were absent from the Board’s file. The Board set aside the August 5, 2013 denial and directed OWCP to combine the related files before deciding the award…

April 4, 2014 ·ECAB
Remanded
COMM

G.D. and Department of Commerce, U.S. Census Bureau, Marienville, PA

G.D. (ECAB 13-1754): Census wage rate needs factual development

G.D. sought modification of a wage-earning capacity determination. OWCP compared his later wages with an estimated Census enumerator schedule without properly developing evidence of his actual preinjury earnings. The Board set aside OWCP’s January 17, 2013 decision and remanded for a supported…

April 4, 2014 ·ECAB
Remanded
COMM

J.I. and Department of the Navy, Naval Research Laboratory, Washington, DC

J.I. (ECAB 13-1414): Hearing rights restored on earning-capacity request

J.I. sought a hearing after OWCP denied his request to modify a wage-earning capacity determination. Although he called his earlier filing reconsideration, its new medical evidence made it a modification request with full appeal rights. The Board set aside the November 30, 2012 hearing denial and…

April 4, 2014 ·ECAB
Remanded
COMM

G.C. and U.S. Postal Service, North Biloxi Post Office, D’Iberville, MS

G.C. (ECAB 13-0704): Emotional condition claim denied

G.C. claimed an emotional condition arising from workplace interactions and management actions. The Board found that the evidence did not establish verbal abuse, obstruction of counseling access, or error or abuse in management actions that would qualify as compensable employment factors. It…

April 4, 2014 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Signal Peak Energy, LLC

Four citations vacated and one order modified

Signal Peak Energy contested five enforcement actions at its Bull Mountain Mine No. 1. Judge Richard W. Manning upheld a weekly-examination order because longstanding roof hazards were not corrected immediately, but reduced the likelihood finding from highly likely to reasonably likely and assessed…

April 3, 2014 ·Richard W. Manning ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. Webster County Coal, LLC

Gas-detector citations require a factual hearing

MSHA cited Webster County Coal after three miners working alone were found with their required multi-gas detectors switched off. The operator argued that the standard required only furnishing functioning detectors, so the citations should be dismissed as a matter of law. Judge Priscilla M. Rae held…

April 3, 2014 ·Priscilla M. Rae ·FMSHRC
Procedural
COMM

Don Jacobs v. G & J Land and Marine Food Distributors

Jacobs v. G & J Land and Marine Food Distributors (BRB 13-0353): grocery delivery falls outside maritime employment

Don Jacobs drove groceries from an inland warehouse to port staging areas for G & J Land and Marine Food Distributors. He injured his back while moving an ice chest from his truck to a grocery box destined for an offshore supply boat. The administrative law judge awarded Longshore Act disability…

April 3, 2014 ·BRB
Vacated
COMM

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

R.J. (ECAB 14-0158): Carpal tunnel claim barred as untimely

R.J. filed a claim in May 2013 for right carpal tunnel syndrome that he had associated with his work years earlier. The Board found that the claim was outside FECA’s filing period. It affirmed OWCP’s August 21, 2013 time-bar ruling.

April 3, 2014 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Post Office, Palatine, IL

B.C. (ECAB 14-0126): Right-arm award remains at six percent

B.C. sought a schedule award above six percent impairment of his right arm. The Board found that the medical evidence did not establish a higher ratable impairment. It affirmed OWCP’s June 12, 2013 decision.

April 3, 2014 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Processing & Distribution Center, Akron, OH

J.M. (ECAB 14-0115): Hand condition claim sent back for medical development

J.M. claimed bilateral hand and arm conditions from repetitive work. His physician gave a clear, uncontradicted opinion based on an accurate work history, firm diagnoses and objective findings, though it lacked enough reasoning to establish causation. The Board found that this raised an inference…

April 3, 2014 ·ECAB
Remanded
COMM

R.T. and Department of Justice, U.S. Marshals Service, New York, NY

R.T. (ECAB 14-0075): Termination of injury benefits reversed

OWCP ended R.T.’s wage-loss and medical benefits based on a referral physician’s view that her accepted conditions had resolved. The Board found the physician’s conclusion speculative and insufficiently reasoned. It reversed OWCP’s April 9, 2013 termination decision.

April 3, 2014 ·ECAB
Vacated
COMM

T.S. and U.S. Postal Service, Post Office, Grand Rapids, MI

T.S. (ECAB 13-2135): Prior pay-rate remand still requires a merits decision

T.S. challenged the pay rate used for his schedule award. An earlier Board decision had ordered OWCP to address the claim with adequate findings, but OWCP had not done so. The Board set aside OWCP’s August 28, 2013 decision and again remanded for the required merits decision.

April 3, 2014 ·ECAB
Remanded
COMM

J.S. and Department of Agriculture, Office of the Inspector General, Portland, OR

J.S. (ECAB 13-1678): Work-related pain aggravation found resolved

OWCP found that the employment-related aggravation of J.S.’s chronic myofascial pain syndrome had resolved. The Board found that OWCP met its burden to establish resolution as of December 20, 2012. It affirmed the June 11, 2013 decision.

April 3, 2014 ·ECAB
Affirmed
COMM

A.F. and Department of Homeland Security, Transportation Security Administration, Dallas, TX

A.F. (ECAB 13-1623): Consequential knee condition and recurrence denied

A.F. sought acceptance of a left knee condition as a consequence of accepted injuries and claimed a recurrence of disability beginning September 28, 2012. The Board found that she established neither the consequential condition nor disability from the accepted right knee injuries. It affirmed…

April 3, 2014 ·ECAB
Affirmed
COMM

G.T. and Department of the Army, Installation Management Command, Joint Base Lewis-McChord, WA

G.T. (ECAB 13-1579): Additional knee benefits and surgery denied

G.T. sought acceptance of another left knee condition, additional disability compensation, authorization for knee surgery, and continuation of pay. The Board found that she had not proved the additional condition or uncompensated disability and that OWCP properly denied the surgery and continuation…

April 3, 2014 ·ECAB
Affirmed
COMM

C.D. and Department of Homeland Security, Customs & Border Protection, Baltimore, MD

C.D. (ECAB 13-0836): Headache claim not linked to work injury

C.D. claimed syncope and headaches following a July 7, 2010 work injury. The Board found that the medical evidence did not establish that the work injury caused the claimed conditions. It affirmed OWCP’s January 22, 2013 decision.

April 3, 2014 ·ECAB
Affirmed
COMM

L.T. and U.S. Postal Service, Post Office, Hyde Park, MA

L.T. (ECAB 14-0074): Termination of injury benefits upheld

OWCP ended L.T.’s benefits after finding that her accepted back and neck strains and postconcussive syndrome had resolved. The Board found that OWCP met its burden to terminate benefits effective May 16, 2012. It affirmed the August 5, 2013 decision.

April 2, 2014 ·ECAB
Affirmed
COMM

B.O. and U.S. Postal Service, Post Office, Nashville, TN

B.O. (ECAB 14-0064): Late hearing request denied

B.O. asked OWCP for an oral hearing after the Board had already reviewed the relevant OWCP decision in an earlier appeal. The Board found that OWCP’s hearing branch had no unreviewed final OWCP decision over which to exercise hearing authority. It affirmed OWCP’s August 29, 2013 denial of the…

April 2, 2014 ·ECAB
Affirmed
COMM

J.O. and Department of Transportation, Federal Aviation Administration, Wichita, KS

J.O. (ECAB 14-0039): Impartial physician selection could not be verified

OWCP terminated J.O.’s wage-loss and medical benefits based on an impartial physician’s report. The record did not document that OWCP selected that physician under its required fair procedure. The Board reversed the May 31, 2013 decision and remanded for proper selection of a new referee physician…

April 2, 2014 ·ECAB
Remanded
COMM

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

M.H. (ECAB 14-0013): Lung impairment award requires medical clarification

M.H. sought a larger lung impairment award after asbestos exposure. The Board found that OWCP needed medical guidance on whether a prior asthma award overlapped the current lung rating and on how to calculate impairment under the applicable Guides. It set aside the July 24, 2013 decision and…

April 2, 2014 ·ECAB
Remanded
COMM

L.B. and Department of the Interior, National Park Service, International Falls, MN

L.B. (ECAB 14-0001): Left-leg award remains at three percent

L.B. sought a schedule award above three percent impairment of his left leg. OWCP’s medical adviser used the applicable edition of the impairment Guides and rated a sensory deficit of the saphenous nerve at three percent. The Board found that this was the best supported rating in the record and…

April 2, 2014 ·ECAB
Affirmed
COMM

C.C. and Department of Homeland Security, Immigration & Customs Enforcement, Rouses Point, NY

C.C. (ECAB 13-2177): Off-duty exercise injury fell outside employment

C.C. injured his shoulder while doing voluntary exercises at home outside work hours. The Board found that the employing agency did not require the activity and received no direct benefit sufficient to bring it within his employment duties. It affirmed OWCP’s June 20, 2013 denial.

April 2, 2014 ·ECAB
Affirmed
COMM

C.E. and Department of Homeland Security, Transportation Security Administration, Lafayette, LA

C.E. (ECAB 13-2133): Left shoulder and wrist claim denied

C.E. claimed left shoulder and wrist conditions from work duties. The Board found that the physicians did not adequately explain how those duties caused the diagnosed conditions. It affirmed OWCP’s April 24, 2013 denial.

April 2, 2014 ·ECAB
Affirmed
COMM

S.T. and Department of Agriculture, Food Safety & Inspection Service, St. Joseph, MO

S.T. (ECAB 13-1882): Claimed disability not linked to accepted conditions

S.T. sought disability compensation beginning October 18, 2010. The Board found that the medical opinion did not adequately explain how an accepted condition caused her inability to work. It affirmed OWCP’s March 14, 2013 denial.

April 2, 2014 ·ECAB
Affirmed
COMM

M.B. and U.S. Postal Service, Post Office, Jackson, MS

M.B. (ECAB 14-0181): Stroke claim not linked to work incident

M.B. claimed that an August 1, 2013 work incident caused a stroke. The Board found that his physicians’ reports did not give a reasoned explanation connecting the stroke to that incident. A supervisor’s account and diagnostic testing could not supply the missing medical opinion. It affirmed OWCP’s…

April 1, 2014 ·ECAB
Affirmed
COMM

K.S. and Department of Homeland Security, Federal Marshal Air Service, Atlantic City, NJ

K.S. (ECAB 14-0133): Hernia claim did not establish scheduled impairment

K.S. sought a schedule award after an accepted left inguinal hernia. The Board found that he had not supplied a medical evaluation showing permanent impairment of a scheduled member from that condition. It affirmed OWCP’s May 8, 2013 denial.

April 1, 2014 ·ECAB
Affirmed
COMM

P.E. and Department of Veterans Affairs, Veterans Administration Medical Center, Waco, TX

P.E. (ECAB 14-0102): Emotional condition claim denied

P.E. claimed an emotional condition based on workplace management and harassment allegations. The Board found that she had not established a compensable employment factor, including error or abuse in management actions or substantiated harassment. It affirmed OWCP’s October 4, 2013 denial.

April 1, 2014 ·ECAB
Affirmed
COMM

S.S. and Department of Justice, Bureau of Prisons, Fort Dix, NJ

S.S. (ECAB 13-2151): Untimely reconsideration denial affirmed

S.S. asked OWCP to reconsider an earlier decision after the filing deadline. The Board found that his submission did not show clear evidence of error, the standard required for an untimely request. It affirmed OWCP’s March 27, 2013 refusal to reopen the claim.

April 1, 2014 ·ECAB
Affirmed
COMM

H.S. and Department of the Army, Fort Belvoir, VA

H.S. (ECAB 13-2100): Knee injury claim denied for lack of causation

H.S. felt right knee pain while rising from a chair at work on December 16, 2011. The Board found that the medical evidence did not establish that this incident caused a diagnosed knee injury. It affirmed OWCP’s July 1, 2013 denial.

April 1, 2014 ·ECAB
Affirmed
COMM

M.S. and Department of the Treasury, Internal Revenue Service, Richmond, VA

M.S. (ECAB 13-1865): Volunteer campaign fall occurred during work

M.S. fell while putting away materials for a charitable workplace campaign after her managers asked her to help. OWCP denied her claim as outside her regular duties. The Board found that the task was incidental to her job and occurred in the performance of duty. It set aside the March 22, 2013…

April 1, 2014 ·ECAB
Remanded
COMM

C.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Brecksville, OH

C.A. (ECAB 13-0762): Upper-extremity impairment requires new examination

C.A. sought a schedule award for accepted shoulder, elbow and wrist conditions. The Board found that the medical evaluations did not adequately assess impairment of each affected member, and OWCP had treated a second-opinion physician as impartial. It set aside the January 31, 2013 decision and…

April 1, 2014 ·ECAB
Remanded
COMM

D.W. and Department of the Air Force, Robins Air Force Base, GA

D.W. (ECAB 13-0059): Disability and leave-buyback claim needs medical development

D.W. sought leave buyback and wage-loss compensation for a period after his accepted October 13, 2011 injury. The Board found that the medical record needed further development before disability could be decided. It set aside OWCP’s September 26 and 18, July 2 and May 31, 2012 decisions and…

April 1, 2014 ·ECAB
Remanded
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection, Border Patrol, El Paso Sector, El Paso, Texas (Agency) and American Federation of Government Employees, National Border Patrol Council, Local 1929 (Union)

El Paso Border Patrol and AFGE Local 1929 (FLRA 0-AR-4944): Overtime premium award set aside

Six Border Patrol agents worked beyond a midnight shift after apprehending individuals and then stayed to write memoranda. An arbitrator awarded the higher regularly scheduled overtime rate for hours spent on the memoranda after 2 a.m. The Authority held that this rate requires advance scheduling…

March 31, 2014 ·FLRA
Modified
COMM

LJC Dismantling Corp.

Overhead-hazard item affirmed, scaffold items vacated

LJC Dismantling employees took apart a rooftop water tank while another employee worked below on a scaffold. A cut metal tank strap swung around, struck the scaffold worker, and caused him to fall to the roof. The Commission vacated an improper-planking item because the scaffold existed only…

March 28, 2014 ·OSHRC
Mixed result
COMM

National Treasury Employees Union, Chapter 164 (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection, Blaine, Washington (Agency)

Blaine customs office and NTEU Chapter 164 (FLRA 0-AR-4899): Lost overtime requires backpay

A customs officer temporarily lost authority to carry a firearm and was assigned other duties during an investigation. The agency gave him no overtime assignments, though its handbook required a reasonable effort to offer duties with overtime opportunities. An arbitrator found that the failure…

March 28, 2014 ·FLRA
Modified
ALJ

Secretary of Labor v. Black Beauty Coal Company

Three violations vacated and four modified

Black Beauty Coal Company contested seven enforcement actions at the Air Quality #1 Mine. Judge Richard W. Manning vacated a muddy-travelway citation because MSHA did not prove that less than 24 inches remained clear, and vacated two seal-examination orders because the cited flooding was not shown…

March 27, 2014 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

Matter of C-J-H-, Respondent

Matter of C-J-H- (BIA ID 3798): asylees cannot readjust after becoming permanent residents

The Board reviewed a Chinese respondent's appeal from an order of removal and the denial of his application to readjust status. He had entered the United States as an asylee, later adjusted to lawful permanent resident status, and then was convicted of conspiracy to traffic in counterfeit goods…

March 27, 2014 ·BIA
Affirmed
COMM

S.M. and Department of Transportation, Transportation Security Administration, Lihue, HI

S.M. (ECAB 14-0107): Heat-related illness claim denied

S.M. claimed that work at a screening checkpoint caused headaches, dizziness and nausea, which she described as heat stroke. The Board found that the medical reports did not explain how the claimed work factors caused or aggravated a diagnosed condition. It affirmed OWCP’s October 2, 2013 denial.

March 27, 2014 ·ECAB
Affirmed
COMM

R.C. and Tennessee Valley Authority, Fossil Operations, Cumberland City, TN

R.C. (ECAB 14-0071): Refusal to reopen hearing-loss claim affirmed

R.C. sought reconsideration of her hearing-loss claim. The Board could review only OWCP’s nonmerit decision. It found that her request supplied no pertinent new medical evidence or legal argument warranting another merit review. It affirmed OWCP’s April 11, 2013 refusal to reopen.

March 27, 2014 ·ECAB
Affirmed
COMM

J.R. and Department of Transportation, Federal Aviation Administration, Rochester, NY

J.R. (ECAB 14-0065): Traumatic injury claim denied

J.R. claimed an injury from a workplace incident. The Board found that the medical evidence did not adequately connect his diagnosed conditions to the alleged employment incident. It affirmed OWCP’s August 15, 2013 denial.

March 27, 2014 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Main Post Office, Cleveland, OH

K.S. (ECAB 14-0055): Recurrence of total disability not established

K.S. claimed a recurrence of total disability beginning May 27, 2010 following accepted work injuries. The Board found that the medical evidence did not establish disability from the accepted conditions beginning on that date. It affirmed OWCP’s June 14, 2013 denial.

March 27, 2014 ·ECAB
Affirmed
COMM

C.H. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY

C.H. (ECAB 14-0037): Emotional condition incident not established

C.H. alleged that coworkers assaulted and cursed at her, causing an emotional condition. The Board found that she had not provided a detailed factual account or corroborating evidence to establish that the claimed incident occurred as described. It affirmed OWCP’s September 3, 2013 denial.

March 27, 2014 ·ECAB
Affirmed
COMM

N.N. and U.S. Postal Service, Post Office, Port Hueneme, CA

N.N. (ECAB 14-0035): Cervical condition claim needs medical development

N.N. claimed that carrying mail aggravated her cervical degenerative disc disease. Her physicians supported a work connection, but their opinions did not fully establish causation. Because the opinions were uncontradicted, the Board required OWCP to develop the medical evidence, set aside the…

March 27, 2014 ·ECAB
Remanded
COMM

M.R. and Department of Homeland Security, Customs & Border Protection, Glynco, GA

M.R. (ECAB 13-2095): Untimely reconsideration denial affirmed

M.R. asked OWCP to reopen an earlier claim after the reconsideration deadline. The Board found that the request did not show clear evidence of error in the prior decision, as required for a late filing. It affirmed OWCP’s April 17, 2013 nonmerit denial.

March 27, 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.