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

M.C. and U.S. Postal Service, Post Office, Philadelphia, PA

M.C. (ECAB 13-1985): Sorter position supports reduced compensation

OWCP reduced M.C.’s compensation after finding that the selected sorter position represented his wage-earning capacity. The Board found that OWCP properly used that position to measure his earning capacity effective November 18, 2012. It affirmed the April 3, 2013 decision.

March 27, 2014 ·ECAB
Affirmed
COMM

M.G. and U.S. Postal Service, Post Office, St. Louis, MO

M.G. (ECAB 13-1709): Claimed recurrence of disability denied

M.G. claimed a recurrence of disability on February 17, 2011 due to an accepted September 1, 2005 work injury. The Board found that the medical evidence did not establish a new disability period caused by that injury. It affirmed OWCP’s January 3, 2013 denial.

March 27, 2014 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, U.S. Army Aviation and Missile Command (Agency)

Army Aviation and Missile Command and AFGE Local 1858 (FLRA 0-AR-4991): Vacancy selection award stands

The Army Aviation and Missile Command selected another applicant over the grievant for a vacant position. An arbitrator found that the interview panel fairly evaluated the applicants and that the agency's general management criterion matched the position's duties. AFGE Local 1858 challenged the…

March 27, 2014 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 31 (Union) and United States Department of Veterans Affairs, Louis Stokes Medical Center, Cleveland, Ohio (Agency)

Cleveland VA medical center and AFGE Local 31 (FLRA 0-AR-4896): Hiring grievance award stands

The Cleveland VA medical center selected an applicant for a position in its engineering service. AFGE Local 31 claimed the agency should have followed its upward mobility policy under the parties' agreement. An arbitrator denied the grievance, finding no contract violation. The Authority dismissed…

March 27, 2014 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, U.S. Army Aviation and Missile Command, Redstone Arsenal, Alabama (Agency)

Redstone Arsenal and AFGE Local 1858 (FLRA 0-AR-4860): Merit promotion exceptions dismissed

The Army filled several positions at Redstone Arsenal using one vacancy announcement. An arbitrator found some violations of the merit promotion provisions in the parties' agreement, but found no harm from the referral violation and no contract violation as to the individual grievants' complaints…

March 27, 2014 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2272 (Union) and United States Department of Justice, U.S. Marshals Service (Agency)

Marshals Service and AFGE Local 2272 (FLRA 0-AR-4763): Union exceptions dismissed

AFGE Local 2272 challenged an arbitrator's award on remand in a dispute with the U.S. Marshals Service. The Authority issued an expedited, abbreviated decision. It found that the union had not shown a legally recognized reason to set aside the award. The Authority dismissed the union's exceptions…

March 27, 2014 ·FLRA
Procedural
COMM

Secretary of Labor v. Eastern Associated Coal, LLC

Late penalty contest reopened

Eastern Associated Coal missed the deadline to contest a proposed penalty assessment. Its safety manager said he received the assessment later than MSHA's delivery record showed and believed the contest mailed on March 15 was timely. The Secretary did not oppose reopening and noted that Eastern…

March 26, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Clean Harbors Environmental Services, Inc.

Penalty assessment reopened after missed contest

Clean Harbors Environmental Services did not separately contest a proposed penalty assessment because it believed its earlier contest of the underlying citations was sufficient. Counsel discovered the missed requirement after receiving MSHA's late notice. The company said it had taken steps to…

March 26, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. South Akers Mining, LLC

Assessment reopened after consultant reported nonreceipt

South Akers Mining missed the deadline to contest a proposed penalty assessment. Its consultant said he did not receive the assessment and learned of the problem from MSHA's late notice, although MSHA received a contest form 12 days after the assessment became final. The Secretary did not oppose…

March 26, 2014 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Continental Cement Company, LLC

Misrouted contest reopened

Continental Cement said it timely mailed its penalty contest with payment for uncontested penalties to MSHA's payment center in St. Louis. That office processes payments but does not recognize or process contest forms, so the assessment became final. Continental acted promptly after receiving a…

March 26, 2014 ·FMSHRC
Remanded
COMM

A.P. and U.S. Postal Service, Post Office, Jefferson City, TN

A.P. (ECAB 14-0056): Left shoulder occupational disease claim denied

A.P. claimed that repetitive mail duties caused a left shoulder condition. The Board found that her physicians did not give a sufficiently reasoned explanation connecting the diagnosed condition to the established duties. It affirmed OWCP’s October 2 and July 15, 2013 decisions.

March 26, 2014 ·ECAB
Affirmed
COMM

D.G. and Department of the Treasury, Internal Revenue Service, Milwaukee, WI

D.G. (ECAB 14-0045): Recurrence of disability not established

D.G. claimed a recurrence of disability beginning May 5, 2011 following an accepted March 5, 2010 work injury. The Board found that the medical evidence did not establish disability caused by that injury during the claimed period. It affirmed OWCP’s August 23, 2013 denial.

March 26, 2014 ·ECAB
Affirmed
COMM

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

L.L. (ECAB 13-2099): Intermittent disability claim denied

L.L. sought compensation for intermittent disability between April 7 and August 23, 2012 following a November 27, 2004 work injury. The Board found that he did not establish disability from that injury on the claimed dates. It affirmed OWCP’s May 8, 2013 decision.

March 26, 2014 ·ECAB
Affirmed
COMM

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

E.M. (ECAB 13-1876): Later disability not linked to accepted injury

E.M. claimed disability beginning March 25, 2009 after a December 11, 2008 work injury. The Board found that the medical record did not establish the required causal relationship. It also found that OWCP had adequately documented selection of the impartial physician whose opinion it relied on. It…

March 26, 2014 ·ECAB
Affirmed
COMM

D.M. and Department of the Air Force, Randolph Air Force Base, CA

D.M. (ECAB 13-1821): Football injury requires work-duty fact finding

D.M. claimed a neck injury while throwing a football during physical fitness activity. The Board found that the record did not establish whether the activity was part of an agency fitness program or otherwise benefited his employer. It set aside OWCP’s June 20, 2013 denial and remanded for factual…

March 26, 2014 ·ECAB
Remanded
COMM

S.C. and U.S. Postal Service, Post Office, Nashville, TN

S.C. (ECAB 13-1681): Untimely reconsideration denial affirmed

S.C. asked OWCP to reconsider an earlier claim after the one-year filing deadline. The Board found that the request did not demonstrate clear evidence of error in the earlier decision, the standard for a late filing. It affirmed OWCP’s March 20, 2013 denial.

March 26, 2014 ·ECAB
Affirmed
COMM

CSA Equipment Company, LLC

Forklift-hazard case remanded for abatement analysis

CSA Equipment used forklifts to move large steel coils while checkers worked nearby, and an employee was struck by a forklift and later died from his injuries. An administrative law judge affirmed a general duty clause citation after finding that moving the checking operation to a separate dock…

March 26, 2014 ·OSHRC
Remanded
COMM

Energy Answers Arecibo, LLC (Arecibo Puerto Rico Renewable Energy Project)

In re Energy Answers Arecibo, LLC (EAB PSD Appeal Nos. 13-05 through 13-09): Permit remanded in part and review denied in part

EPA Region 2 issued Energy Answers Arecibo, LLC a PSD permit to construct and operate a resource recovery facility in Arecibo, Puerto Rico. Five petitions challenged the permit's scope, environmental justice analysis, public participation, administrative record, air-quality analysis, and specific…

March 25, 2014 ·EPA EAB
Mixed result
ALJ

Secretary of Labor v. Armstrong Coal Co., Inc.

Twenty-four citations dismissed for ignored court order

Armstrong Coal sought relief after the Secretary failed to comply with an order requiring the parties to confer and submit joint factual stipulations within 45 days. Months passed without the required conference, and the Secretary acknowledged delay but did not explain the failure after an order to…

March 25, 2014 ·William S. Steele ·FMSHRC
Procedural
COMM

American Lifan Industry, Inc.

In re American Lifan Industry, Inc. (EAB CAA Appeal No. 14-02C): Consent Agreement ratified

American Lifan Industry, Inc. resolved an EPA Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice. The company was ordered to comply with every term…

March 25, 2014 ·EPA EAB
Settled
COMM

R.R. and U.S. Postal Service, Post Office, Culver City, CA

R.R. (ECAB 14-0151): Late reconsideration request denied

R.R. sought reconsideration of an earlier OWCP decision. She argued on appeal that the request had been mailed on time, but the Board found it was filed outside the one-year period and did not establish clear evidence of error. It affirmed OWCP’s April 25, 2013 nonmerit denial.

March 25, 2014 ·ECAB
Affirmed
COMM

J.H. and Department of Agriculture, Forest Service, Albuquerque, NM

J.H. (ECAB 14-0097): Shoulder injury claim denied

J.H. reported right shoulder pain while moving rocks and dismantling fire pits at work. The Board found that the medical evidence did not adequately establish that the work incident caused a diagnosed shoulder condition. It affirmed OWCP’s August 28, 2013 denial.

March 25, 2014 ·ECAB
Affirmed
COMM

S.T. and U.S. Postal Service, Post Office, Clarksville, AR

S.T. (ECAB 14-0048): Lumbar disc conditions not linked to work injury

S.T. sought acceptance of lumbar disc conditions following a January 4, 2012 work incident. The Board found that the medical evidence did not establish that the incident caused or aggravated the claimed disc protrusion and bulge. It affirmed OWCP’s August 7, 2013 decision.

March 25, 2014 ·ECAB
Affirmed
COMM

N.L. and Department of Homeland Security, Immigration & Customs Enforcement, Long Beach, CA

N.L. (ECAB 14-0007): Overpayment upheld; waiver issue remanded

N.L. received $4,544.41 in compensation after returning to work. The Board affirmed the overpayment finding but found that he was without fault in its creation. It set aside OWCP’s fault ruling and remanded for consideration of whether recovery should be waived.

March 25, 2014 ·ECAB
Mixed result
COMM

S.A. and U.S. Postal Service, Post Office, Jersey City, NJ

S.A. (ECAB 13-2138): Continuing disability from accepted injury not established

S.A. claimed that she continued to have a condition or disability caused by an accepted work injury. The Board found that the medical evidence did not establish a continuing work-related condition or period of disability. It affirmed OWCP’s June 26, 2013 decision.

March 25, 2014 ·ECAB
Affirmed
COMM

M.P. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL

M.P. (ECAB 13-2048): Reconsideration refusal set aside because the request was timely

M.P., a postal automation clerk, sought compensation for conditions she attributed to her work. OWCP denied her claim, and a hearing representative affirmed that denial in August 2012. When she asked OWCP to reconsider in April 2013, OWCP treated the request as late and required clear evidence of…

March 25, 2014 ·ECAB
Remanded
COMM

G.P. and U.S. Postal Service, Post Office, Colorado Springs, CO

G.P. (ECAB 13-2031): Arm impairment rating sent back for an impartial medical examination

G.P., a postal distribution clerk, received a schedule award for 17 percent impairment of his right arm and none for his left arm. He sought a higher award based on his doctor’s ratings. The Board found a conflict between that doctor and OWCP’s physicians about the degree of impairment. It set…

March 25, 2014 ·ECAB
Remanded
COMM

P.H. and U.S. Postal Service, Lancaster Processing & Distribution Center, Lancaster, PA

P.H. (ECAB 13-1375): Wage-loss reduction reversed because the proposed job exceeded medical limits

P.H., a postal worker with accepted right shoulder injuries, had been receiving wage-loss compensation. OWCP reduced it based on her supposed capacity to work as a customer service representative. Her doctor later restricted reaching and lifting to a degree that conflicted with that position’s…

March 25, 2014 ·ECAB
Vacated
ALJ

Emerald Coal Resources, LP v. Secretary of Labor

Second amended decision assesses $8,143

Emerald Coal Resources failed to keep deteriorated structural columns in its preparation plant in good repair and failed to provide a multi-gas detector to a separate group of four contractors working underground. Judge William S. Steele affirmed both citations. He found the structural violation…

March 24, 2014 ·William S. Steele ·FMSHRC
Modified
COMM

A.M. and Department of Homeland Security, Customs & Border Patrol, Cape Canaveral, FL

A.M. (ECAB 14-0125): Refusal to reopen injury claim upheld

A.M., a customs and border patrol officer, sought benefits after a vehicle accident while traveling between work sites. OWCP denied the claim for lack of medical evidence linking a diagnosed condition to the accident. A.M. later requested reconsideration with chiropractic reports and a coworker’s…

March 24, 2014 ·ECAB
Affirmed
COMM

L.C. and Department of Treasury, Internal Revenue Service, Richmond, CA

L.C. (ECAB 14-0104): Elevator door injury claim denied for lack of qualifying medical evidence

L.C., an IRS contact service representative, claimed that elevator doors closed on her shoulder at work in May 2013. OWCP denied compensation because the record lacked a qualifying medical opinion connecting a diagnosed condition to the incident. The Board found that the chiropractor’s report did…

March 24, 2014 ·ECAB
Affirmed
COMM

B.W. and U.S. Postal Service, Post Office, Memphis, TN

B.W. (ECAB 14-0070): Late reconsideration request failed to show clear error

B.W. challenged OWCP’s earlier termination of compensation after she refused an offer of suitable postal work. Her March 2013 reconsideration request came years after the last merits decision and repeated objections to the job offer. The Board found that the request was late and did not show clear…

March 24, 2014 ·ECAB
Affirmed
COMM

H.Y. and Department of Agriculture, Animal & Plant Health Inspection Service, Miami Springs, FL

H.Y. (ECAB 14-0019): Termination of compensation and medical benefits upheld

H.Y., a federal animal health technician, had received benefits for an accepted cervical injury from 1980. OWCP ended his compensation and medical treatment authorization in 2013 after a second opinion examination found no remaining effects of that injury. The Board found the examiner’s report…

March 24, 2014 ·ECAB
Affirmed
COMM

W.P., claiming as widow of E.P., and U.S. Customs Service, Elk Grove, IL

W.P. (ECAB 13-2092): Survivor claim returned for merits review

W.P. sought survivor compensation following the death of E.P., whose work-related conditions had been accepted by OWCP. After an earlier denial, W.P. requested reconsideration and argued that the statement of accepted facts given to the referee physician omitted two accepted heart conditions. The…

March 24, 2014 ·ECAB
Remanded
COMM

M.G. and Department of Treasury, IRS National Office, Richmond, VA

M.G. (ECAB 13-2030): Refusal of a second hearing request upheld

M.G., an IRS employee, sought compensation for an emotional condition she attributed to her work. After OWCP denied her claim, she requested reconsideration and received another merits decision. She then asked for an oral hearing. The Board held that her earlier election of reconsideration meant…

March 24, 2014 ·ECAB
Affirmed
COMM

B.B. and U.S. Postal Service, Post Office, Minneapolis, MN

B.B. (ECAB 14-0176): Knee injury claim denied for lack of a reasoned medical link

B.B., a mail carrier, twisted her left knee while working near her delivery truck. OWCP accepted that the incident occurred but denied compensation because the medical evidence did not establish that it caused a diagnosed condition. The Board found that reports describing pain and chondromalacia…

March 21, 2014 ·ECAB
Affirmed
COMM

B.K. and U.S. Postal Service, Post Office, Madison, WI

B.K. (ECAB 14-0145): Reconsideration request returned for review of a medical report

B.K., a postal letter carrier, sought compensation for back conditions he attributed to his delivery duties. After OWCP denied the claim, he requested reconsideration with additional medical material. A report reached OWCP on the same day it denied the request, but OWCP did not review the report…

March 21, 2014 ·ECAB
Remanded
COMM

M.D. and U.S. Postal Service, Post Office, Detroit, MI

M.D. (ECAB 14-0109): Late reconsideration request did not show clear error

M.D., a postal carrier, sought compensation for an emotional condition after a robbery during her mail route. OWCP denied the claim because it found the medical evidence insufficient to establish a compensable condition linked to the incident. Her later reconsideration request was filed more than…

March 21, 2014 ·ECAB
Affirmed
COMM

D.J. and U.S. Postal Service, Post Office, Shaker Heights, OH

D.J. (ECAB 14-0052): Back condition claim returned for medical development

D.J., a postal custodian, claimed that physically demanding work aggravated her low back conditions. OWCP denied the claim for lack of a sufficiently reasoned medical opinion on causation. The Board agreed that her doctor’s reports did not yet prove the claim, but found they raised an…

March 21, 2014 ·ECAB
Remanded
COMM

V.D. and U.S. Postal Service, Homewood Station, Pittsburgh, PA

V.D. (ECAB 14-0026): Right arm impairment finding upheld, left arm rating returned

V.D., a postal carrier with accepted carpal tunnel syndrome in both arms, appealed a schedule award rating of three percent for his left arm and none for his right. The Board found no impairment in the right arm. For the left arm, it found that OWCP’s medical adviser needed to explain whether a…

March 21, 2014 ·ECAB
Mixed result
COMM

I.C. and Department of State, Bureau of Consular Affairs, Washington, DC

I.C. (ECAB 14-0024): Ankle injury denial and refusal to reopen upheld

I.C., a passport processing supervisor, reported right ankle pain after stepping on a binder clip at work. OWCP accepted that the incident occurred but found that the medical evidence did not adequately connect her ankle condition to it. The Board agreed that the medical opinions did not establish…

March 21, 2014 ·ECAB
Affirmed
COMM

B.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Pittsburgh, PA

B.G. (ECAB 14-0006): Termination of hip injury benefits upheld

B.G., a Veterans Affairs nursing assistant, had accepted left hip injuries after an electronic wheelchair pinned her against a wall. OWCP later ended her wage-loss and medical benefits after a second opinion physician found no remaining effects of the accepted injuries. The Board gave that…

March 21, 2014 ·ECAB
Affirmed
COMM

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

L.B. (ECAB 13-1640): Denial of cardiac event and stress claim upheld with modified reasoning

L.B., an Army dispatcher, collapsed at work in October 2012 and sought compensation for the cardiac event and a claimed stress condition. The Board found medical evidence that a personal heart rhythm condition caused the collapse. It also found that a doctor’s suggestion that stress might trigger…

March 21, 2014 ·ECAB
Modified
COMM

J.D. and U.S. Postal Service, Manhattanville Station, New York, NY

J.D. (ECAB 13-1569): Occupational disease claims returned for review of medical reports

J.D., a postal mail handler, claimed hip and back conditions related to his work. A hearing representative upheld OWCP’s denial, stating that requested medical records had not arrived. The Board found that OWCP had received an MRI study and reports from J.D.’s orthopedic surgeon before issuing that…

March 21, 2014 ·ECAB
Remanded
COMM

United States Department of Veterans Affairs, Northport Veterans Affairs Hospital, Northport, New York (Agency) and American Federation of Government Employees, Local 1843 (Union)

Northport VA hospital and AFGE Local 1843 (FLRA 0-AR-4945): Late backpay challenge dismissed

An arbitrator reduced a Northport VA hospital employee's one-day suspension to a reprimand and awarded backpay. She later granted the union's application for attorney fees. The hospital filed exceptions after the fee award, but its arguments attacked the earlier backpay findings. The Authority held…

March 21, 2014 ·FLRA
Procedural
COMM

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

L.H. (ECAB 14-0101): Disability overpayment and denial of waiver upheld

L.H., a postal worker with an accepted back injury, returned to full-time work in January 2013 but continued receiving total disability compensation for 11 days. OWCP found a $1,113.85 overpayment and determined that she was not at fault. It nevertheless denied waiver because her monthly income…

March 20, 2014 ·ECAB
Affirmed
COMM

S.A. and Department of Veterans Affairs, Veterans Health Administration, New York, NY

S.A. (ECAB 13-2152): Finger injury denial reversed and medical expenses ordered

S.A., a Veterans Affairs food service worker, injured her left middle finger while handling food containers at work. OWCP denied her claim because it found the medical evidence inadequate and her accounts of the incident inconsistent. The Board found her descriptions consistent in substance and…

March 20, 2014 ·ECAB
Vacated
COMM

H.L. and Department of Agriculture, Food Safety & Inspection Service, Geneseo, IL

H.L. (ECAB 13-2077): Late reconsideration request returned for the proper review standard

H.L., a federal meat inspector, sought compensation after a fall in a parking area outside her workplace. OWCP denied the claim and later received her reconsideration request one day after the one-year deadline. The Board agreed that the request was late but found that OWCP had applied the wrong…

March 20, 2014 ·ECAB
Remanded
COMM

P.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Northport, NY

P.S. (ECAB 13-1957): Emotional condition denial and refusal to reopen upheld

P.S., a Veterans Affairs electrician supervisor, claimed anxiety and depression related to his work. The Board accepted overwork, overtime, and power system repair duties as compensable work factors. It found that his psychiatrist had not explained how those duties caused the diagnosed anxiety…

March 20, 2014 ·ECAB
Affirmed
COMM

T.B. and Department of Veterans Affairs, Durham Medical Center, Durham, NC

T.B. (ECAB 13-1823): Claimed workplace fall not established

T.B., a Veterans Affairs nurse, claimed injuries from a fall at work in August 2010. A witness described catching her and easing her to the floor before she could strike the desk. The Board credited that account over indirect evidence suggesting a fall and found that the alleged incident had not…

March 20, 2014 ·ECAB
Affirmed
COMM

D.S. and Department of Homeland Security, William P. Hobby Airport, Houston, TX

D.S. (ECAB 13-1802): Delayed reconsideration ruling returned to preserve appeal rights

D.S., an airport transportation security officer, sought compensation for a shoulder injury he attributed to a coworker’s actions. OWCP denied the claim, and he requested reconsideration. OWCP took more than nine months to rule, leaving him unable to appeal the last merits decision within the…

March 20, 2014 ·ECAB
Remanded
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and American Federation of Government Employees, National Border Patrol Council, Local 2789 (Union)

Border Patrol and AFGE Local 2789 (FLRA 0-AR-4895): Flood leave award stands

Two Border Patrol employees requested administrative leave after flooding around their homes prevented them from reporting to work. The agency granted each only sixteen hours, and the union grieved the remaining denials. In a supplemental award, an arbitrator interpreted the agreement to require…

March 20, 2014 ·FLRA
Upheld
ALJ

Secretary of Labor v. Oak Grove Resources, LLC

Briefing ordered on repeated flagrant violation test

MSHA designated an extensive coal-accumulations order at Oak Grove Mine as a repeated flagrant violation carrying enhanced penalty exposure. Judge Jerold Feldman found that unresolved legal questions about the repeated-flagrant standard had to be addressed before the hearing. He ordered briefing on…

March 19, 2014 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Nally & Hamilton Enterprises, Inc.

Two haul-road control citations vacated

MSHA cited Nally & Hamilton twice under a mobile-equipment control standard after an inspector drove his own vehicle on muddy haul roads and experienced sliding. Judge William S. Steele found that the standard prohibits operating equipment without full control, but the inspector did not observe the…

March 19, 2014 ·William S. Steele ·FMSHRC
Mixed result
ALJ

Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, and its Successors

Secretary of Labor on behalf of Carlos Lopez v. Sherwin Alumina, LLC, et al. (FMSHRC CENT 2012-237-DM): Retaliatory termination found after safety advocacy

Carlos Lopez reported safety hazards, supported greater MSHA oversight, and reported supervisors who breached his lockout tags before hot condensate sprayed him. Sherwin Alumina suspended and fired Lopez while treating the supervisors involved in the unsafe incident more leniently. Judge Jacqueline…

March 19, 2014 ·Jacqueline R. Bulluck ·FMSHRC
Citations affirmed
COMM

M.N. and U.S. Postal Service, Post Office, Hendersonville, NC

M.N. (ECAB 13-2163): Thumb arthritis claim denied for lack of a reasoned medical link

M.N., a rural postal carrier, attributed left thumb arthritis to repeatedly holding mail. Her surgeon said the condition was related to her carrier duties, but did not explain the medical basis for that conclusion. The Board found the opinion supportive but insufficiently reasoned to establish…

March 19, 2014 ·ECAB
Affirmed
COMM

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

R.N. (ECAB 13-2113): Wage capacity modification request returned for proper development

R.N., a postal mail handler with accepted neck and neurological injuries, sought to change a wage-earning capacity determination based on a four-hour modified assignment. The Board found that OWCP had not obtained enough information from the Postal Service to determine whether that position was a…

March 19, 2014 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, Post Office, Fort Worth, TX

J.C. (ECAB 13-1980): Termination after failure to report to suitable work upheld

J.C., a postal worker with an accepted right knee injury, was offered a permanent modified mail processing position. The Board found that the job’s physical demands fit his medical restrictions and that the employer supplied a location, schedule, and contact information. J.C. accepted the offered…

March 19, 2014 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, Milwaukee, WI

G.S. (ECAB 13-1835): One percent right leg impairment award upheld

G.S., a postal letter carrier, sought a higher schedule award after an accepted right knee injury and surgery. His physician offered a five percent knee rating, while OWCP’s medical adviser applied the impairment guide to rate the right leg at one percent. The Board found that the medical adviser’s…

March 19, 2014 ·ECAB
Affirmed
COMM

D.D., claiming as widow of T.D., and Tennessee Valley Authority, Hartsville Nuclear Plant, Hartsville, TN

D.D. (ECAB 13-1828): Survivor claim returned for review of new medical evidence

D.D. sought survivor benefits after the death of her husband, a former TVA ironworker with accepted lumbar injuries. OWCP denied the claim after relying on a physician’s opinion that the death was unrelated to those injuries. The Board found that additional potentially relevant medical evidence…

March 19, 2014 ·ECAB
Remanded

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.