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

W.G. and U.S. Postal Service, Bulk Mail Center, Edison, NJ

W.G. (ECAB 13-1672): Work incident established but back injury claim denied

W.G., a postal clerk, reported back pain and leg symptoms after lifting boxes and twisting at work in July 2012. OWCP denied his traumatic injury claim. The Board found that his description established a specific work incident, correcting OWCP’s treatment of the factual issue. His physician…

March 19, 2014 ·ECAB
Modified
COMM

C.S. and Department of the Army, Training & Doctrine Command, Kandahar Province, Afghanistan

C.S. (ECAB 13-1409): Leg and back claim returned for specialist evaluation

C.S., an Army social scientist working in Afghanistan, reported left foot weakness after rising while carrying heavy gear during a field assignment. OWCP denied his injury claim. The Board found that an uncontradicted physician’s report gave enough support for a possible work connection to require…

March 19, 2014 ·ECAB
Remanded
COMM

American Federation of Government Employees, Local 1164 (Union) and Social Security Administration, Worcester Field Office, Worcester, Massachusetts (Agency)

Worcester Social Security office and AFGE Local 1164 (FLRA 0-NG-3179): Workload proposal outside bargaining duty

The Social Security Administration changed interviewing assignments at its Worcester field office. AFGE Local 1164 proposed shielding employees from discipline, poor appraisals, and other consequences tied to workload problems caused by the change. The Authority found that the proposal would…

March 19, 2014 ·FLRA
Upheld
COMM

United Power Trades Organization (Union) and United States Department of the Army, U.S. Army Corps of Engineers, Northwestern Division, Pacific Region (Agency)

Corps of Engineers and United Power Trades Organization (FLRA 0-AR-4938): Holiday scheduling change upheld

The Army Corps of Engineers changed how it designated in lieu of holidays for dam operators on compressed schedules. The change expanded the scheduling window and favored days when operators' shifts overlapped, reducing the need to pay triple time. An arbitrator found that the old practice imposed…

March 19, 2014 ·FLRA
Upheld
COMM

G.C. and U.S. Postal Service, Post Office, Merrick, NY

G.C. (ECAB 14-0249): Shoulder injury claim not reopened on repeated evidence

G.C., a postal letter carrier, claimed a left shoulder injury after pulling a jammed vehicle door. OWCP denied the claim because the medical evidence did not adequately connect a diagnosed injury to the incident. In seeking reconsideration, G.C. resubmitted previously considered material and…

March 18, 2014 ·ECAB
Affirmed
COMM

M.F. and U.S. Postal Service, Post Office, Pittsburgh, PA

M.F. (ECAB 14-0128): Missed telephone hearing request deemed abandoned

M.F., a postal carrier with accepted injuries from a fall at work, requested a hearing after OWCP terminated his benefits. OWCP mailed notice of a telephone hearing to his address of record, but he did not call in or request another hearing within the required period. M.F. said he had not received…

March 18, 2014 ·ECAB
Affirmed
COMM

B.W. and U.S. Postal Service, Post Office, St. Louis, MO

B.W. (ECAB 14-0069): Two percent left leg impairment award upheld

B.W., a postal rural carrier, sought a higher schedule award after an accepted left knee injury and surgery. Her physician rated both a meniscus tear and a condylar lesion, but OWCP’s adviser used the meniscus diagnosis as the most clinically relevant condition under the impairment guide. The Board…

March 18, 2014 ·ECAB
Affirmed
COMM

D.S. and Department of the Air Force, Wright-Patterson Air Force Base, OH

D.S. (ECAB 14-0012): Reconsideration of impairment claim denied

D.S. sought reconsideration after OWCP denied an increased schedule award for permanent impairment. Her attorney challenged OWCP’s use of a medical guide newsletter, but the Board found no valid new legal argument specific to her claim. She supplied no relevant new evidence. The Board affirmed…

March 18, 2014 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Chicopee, MA

J.S. (ECAB 13-2159): Claimed workplace injury not established

J.S. claimed that he injured his back, shoulder, neck, and elbows in an April 2010 incident. The Board found his description of the incident unclear and noted the delay in submitting the claim. The medical submissions did not establish a diagnosed condition caused by a specific work incident. It…

March 18, 2014 ·ECAB
Affirmed
COMM

K.K. and U.S. Postal Service, Post Office, Baton Rouge, LA

K.K. (ECAB 13-2147): Schedule award claim not reopened

K.K., a mail carrier, sought reconsideration of her claim for a permanent impairment award related to accepted foot conditions. The new medical report did not rate permanent impairment, and a resubmitted work restriction report had already been considered. Other submissions did not address the…

March 18, 2014 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Dominick V. Daniels Performance & Distribution Center, Kearny, NJ

D.M. (ECAB 13-2073): Leg impairment award denied

D.M., a postal worker with accepted back injuries, sought a schedule award for impairment of both legs. A current examination found no sensory or motor deficit in either leg. The Board found the older impairment opinions less reliable because they relied on an earlier guide or examination and did…

March 18, 2014 ·ECAB
Affirmed
COMM

S.T. and Tennessee Valley Authority, Paradise Steam Plant, Drakesboro, KY

S.T. (ECAB 13-1977): Pulmonary injury claim sent for another medical evaluation

S.T. claimed a pulmonary injury related to accepted workplace exposures at a steam plant. An impartial specialist’s opinion did not adequately explain its disagreement with a certified B Reader’s x-ray interpretation or answer OWCP’s follow-up questions. The Board found that the medical conflict…

March 18, 2014 ·ECAB
Remanded
COMM

E.A. and U.S. Postal Service, Postal Service, Houston, TX

E.A. (ECAB 13-1958): Additional right arm impairment award denied

E.A. sought an additional schedule award for her accepted right arm conditions. She had already received awards totaling 15 percent impairment of that arm. The Board found that the current medical rating did not establish impairment beyond the amount previously compensated. It affirmed OWCP’s May…

March 18, 2014 ·ECAB
Affirmed
COMM

J.H. and Department of the Army, Madigan Army Medical Center, Tacoma, WA

J.H. (ECAB 13-1939): Emotional condition claim denied

J.H. claimed depression and anxiety arising from workplace disputes, proposed coding duties, and alleged privacy violations. The Board found no substantiated change to her assigned duties and insufficient evidence of error or abuse in personnel matters. It held that she had not established a…

March 18, 2014 ·ECAB
Affirmed
COMM

W.W. and Department of the Interior, Bureau of Land Reclamation, Riverside, CA

W.W. (ECAB 13-1801): Right leg impairment award sent back for medical review

W.W. received a schedule award for 10 percent impairment of his right leg after accepted leg and ankle injuries. He argued that OWCP omitted impairment from his right ankle. The Board found a medical conflict about the proper percentage of leg impairment. It set aside OWCP’s June 3, 2013 decision…

March 18, 2014 ·ECAB
Remanded
COMM

D.P. and U.S. Postal Service, Post Office, Pittsburgh, PA

D.P. (ECAB 13-1508): Existing arm impairment awards upheld

D.P. sought higher schedule awards for accepted arm conditions. Her existing awards covered two percent impairment of the left arm and one percent of the right arm. The Board found that the rating for additional left ulnar nerve impairment was not supported as an accepted work-related condition. It…

March 18, 2014 ·ECAB
Affirmed
COMM

B.M. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Murfreesboro, TN

B.M. (ECAB 13-1119): Additional knee and shoulder conditions denied

B.M., a nurse, sought to add a torn knee meniscus and rotator cuff tear to her accepted fall injury claim. The Board’s analysis found that the medical reports did not establish a causal link between those conditions and the work incident. It affirmed OWCP’s February 28, 2013 denial. The decision’s…

March 18, 2014 ·ECAB
Affirmed
COMM

J.S. and Department of Health and Human Services, Office of the Secretary, Washington, DC

J.S. (ECAB 13-0454): Additional disability days denied

J.S. sought wage-loss compensation for intermittent absences attributed to an accepted emotional condition. OWCP had paid some hours but denied the additional dates at issue. The Board found that the evidence did not medically establish disability on the remaining dates; a counselor’s opinion was…

March 18, 2014 ·ECAB
Affirmed
COMM

L.Y. and U.S. Postal Service, Processing & Delivery Center, Kansas City, MO

L.Y. (ECAB 13-0106): Leg impairment claim sent for further examination

L.Y. sought a schedule award for leg impairment from an accepted lumbar injury. His physician rated impairment in both legs, while OWCP’s medical adviser questioned the rating. The Board found that the adviser’s objections did not adequately resolve the impairment issue. It set aside OWCP’s April…

March 18, 2014 ·ECAB
Remanded
COMM

American Federation of Government Employees, Local 3974 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, McKean, Pennsylvania (Agency)

FCI McKean and AFGE Local 3974 (FLRA 0-AR-4915): Gate bargaining dispute remanded

FCI McKean replaced a one-way turnstile at a recreation area with a locking gate after identifying security concerns. AFGE Local 3974 claimed the prison should have bargained before making the change, but an arbitrator denied the grievance. The Authority denied the union's nonfact exception. It…

March 18, 2014 ·FLRA
Remanded
ALJ

Secretary of Labor v. Drummond Company

Refuge obstruction affirmed with reduced negligence

Coal, rock, and blocks had accumulated near a refuge alternative at Drummond's Shoal Creek Mine. Judge Kenneth R. Andrews found that the unexpected material could interfere with miners following a lifeline in low visibility, cause disorientation, and prevent access to breathable air during an…

March 17, 2014 ·Kenneth R. Andrews ·FMSHRC
Modified
COMM

La Paloma Energy Center, LLC

In re La Paloma Energy Center, LLC (EAB PSD Appeal No. 13-10): Greenhouse-gas permit review denied

EPA Region 6 issued La Paloma Energy Center, LLC a greenhouse-gas PSD permit for a natural gas-fired power plant in Harlingen, Texas. Sierra Club challenged the permit's greenhouse-gas emission limits for the possible combustion turbines and argued that the Region should have required the facility…

March 14, 2014 ·EPA EAB
Affirmed
COMM

Matter of Jose Juan CHAVEZ-ALVAREZ, Respondent

Matter of CHAVEZ-ALVAREZ (BIA ID 3797): adjustment of status counts as admission

The Board reviewed a Mexican respondent's appeal from an order of removal based on convictions for crimes involving moral turpitude and an aggravated felony. The respondent had initially entered without inspection, later adjusted status to lawful permanent resident, and was convicted by…

March 14, 2014 ·BIA
Other
COMM

R.T. and Department of Veterans Affairs, Veterans Health Administration, San Antonio, TX

R.T. (ECAB 14-0316): Patient restraint injury claim denied

R.T., a medical instrument technician, claimed injuries while helping restrain combative patients. The Board accepted that the work incidents occurred. It found that the medical opinions did not adequately explain how those incidents caused the claimed conditions, particularly in light of…

March 14, 2014 ·ECAB
Affirmed
COMM

C.B. and Department of Justice, Federal Bureau of Prisons, Petersburg, VA

C.B. (ECAB 14-0236): Work-related back condition not established

C.B., a prison landscape supervisor, attributed his back condition to lifting and other work duties. OWCP accepted the duties as described. The Board found that his physician diagnosed a back condition but did not explain how the identified work duties caused or aggravated it. It affirmed OWCP’s…

March 14, 2014 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Post Office, Tucson, AZ

J.P. (ECAB 14-0087): Parcel incident injury claim denied

J.P. claimed that a heavy parcel fell on her left arm and hand at work. The Board accepted the incident but found no firm medical diagnosis tied to it. The physician’s reports described pain and symptoms, while the therapist and physician assistant reports did not qualify as physician evidence…

March 14, 2014 ·ECAB
Affirmed
COMM

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

J.W. (ECAB 13-2141): Late reconsideration request denied

J.W. sought to reopen the termination of compensation after refusing work that OWCP considered suitable. Her March 2013 reconsideration request came more than one year after the October 2008 merits decision. The Board found no clear evidence that OWCP had erred in that decision. It affirmed OWCP’s…

March 14, 2014 ·ECAB
Affirmed
COMM

Q.G. and Department of Homeland Security, Transportation Security Administration, Long Beach, CA

Q.G. (ECAB 13-2016): Hernia claim denied for lack of causal explanation

Q.G., a transportation security officer, claimed that lifting and other work duties caused a left inguinal hernia. The Board accepted the described duties and the diagnosis. His physician did not explain the medical process linking those duties to the hernia. The Board affirmed OWCP’s May 6, 2013…

March 14, 2014 ·ECAB
Affirmed
COMM

C.P. and U.S. Postal Service, Post Office, New York, NY

C.P. (ECAB 13-1779): Additional wrist injury claim denied

C.P. claimed new or aggravated wrist conditions after collecting mail in September 2012. She had an earlier accepted bilateral carpal tunnel claim. The Board found that the medical reports did not sufficiently establish a condition caused by the new incident. It affirmed OWCP’s April 18, 2013…

March 14, 2014 ·ECAB
Affirmed
COMM

J.M. and Department of the Navy, Naval Supply Systems Command, Gulfport, MS

J.M. (ECAB 13-1275): Reconsideration and arm impairment rulings upheld

J.M. challenged the denial of wage-loss compensation and sought more than a seven percent right arm impairment award. The Board found his reconsideration request on wage loss untimely and unsupported by clear evidence of error. It also found that the medical evidence supported a seven percent arm…

March 14, 2014 ·ECAB
Affirmed
COMM

G.R. and Department of the Army, Army National Guard, Saint Paul, MN

G.R. (ECAB 14-0091): Knee impairment ratings sent back for current evidence

G.R. sought schedule awards above 20 percent impairment of each leg for accepted knee conditions. The Board found the impairment evidence needed further development, including reasonably current medical findings. It set aside OWCP’s September 23, 2013 decision and remanded for a new determination.

March 13, 2014 ·ECAB
Remanded
COMM

T.E. and Department of Veterans Affairs, Veterans Health Administration, Syracuse Veterans Medical Center, Syracuse, NY

T.E. (ECAB 14-0043): Shoulder claim not reopened

T.E. sought reconsideration after OWCP denied her right shoulder injury claim. The Board reviewed only whether she met the requirements for reopening, not the merits of the injury claim. It found no qualifying new legal argument or relevant evidence. It affirmed OWCP’s September 16, 2013 refusal to…

March 13, 2014 ·ECAB
Affirmed
COMM

E.J. and U.S. Postal Service, Post Office, Detroit, MI

E.J. (ECAB 14-0004): Shoulder claim denial and refusal to reopen upheld

E.J., a postal clerk, claimed a right shoulder condition from work duties. The Board found that the medical evidence did not establish a causal link to those duties. It also found that the later reconsideration request supplied no qualifying new argument or evidence. The Board affirmed OWCP’s…

March 13, 2014 ·ECAB
Affirmed
COMM

G.L. and Department of the Air Force, Randolph Air Force Base, Randolph, TX

G.L. (ECAB 13-2156): Late request for record review denied

G.L. requested review of the written record after OWCP denied an occupational disease claim. His request was filed more than 30 days after OWCP’s decision. The Board found that OWCP did not abuse its discretion in declining the late review request. It affirmed the May 30, 2013 denial.

March 13, 2014 ·ECAB
Affirmed
COMM

D.Q., widow of J.C., and Department of the Navy, Naval Command Station, Ponce, PR

D.Q., widow of J.C., (ECAB 13-2139): Survivor death benefits claim denied

D.Q. sought survivor benefits after her husband, who had accepted electric shock injuries, died in 2012. The Board found that the medical evidence did not establish that those work injuries caused or contributed to his death. It affirmed OWCP’s July 30, 2013 denial.

March 13, 2014 ·ECAB
Affirmed
COMM

C.L. and U.S. Postal Service, Post Office, Plainfield, IL

C.L. (ECAB 13-2089): Wage-loss claim remanded for payment

C.L. appealed OWCP’s denial of wage-loss compensation for January 26 through 31, 2013. The OWCP Director agreed that her medical evidence established work-related disability for that period and moved to remand. The Board granted the motion, set aside the August 22, 2013 denial, and directed OWCP to…

March 13, 2014 ·ECAB
Remanded
COMM

D.W. and Department of Defense, Defense Commissary Agency, McGuire Air Force Base, NJ

D.W. (ECAB 13-1873): Carpal tunnel claim denied

D.W., a commissary sales associate and cashier, claimed bilateral carpal tunnel syndrome from her work duties. OWCP accepted the described duties and the diagnosis. The Board found that the medical evidence did not adequately explain how the duties caused the condition. It affirmed OWCP’s June 12…

March 13, 2014 ·ECAB
Affirmed
COMM

S.G. and U.S. Postal Service, Post Office, New York, NY

S.G. (ECAB 13-1698): Termination of injury benefits upheld

S.G. challenged termination of compensation and medical benefits for an accepted 2010 injury. The Board credited an impartial orthopedic specialist who found that the accepted lumbar and hip conditions had resolved. It found that later submissions did not establish continuing work-related…

March 13, 2014 ·ECAB
Affirmed
COMM

T.L. and Department of Veterans Affairs, Tomah Veterans Administration Medical Center, Tomah, WI

T.L. (ECAB 13-1435): Ankle impairment rating remanded

T.L. received a schedule award for two percent impairment of her right leg after an accepted ankle sprain. Her physician and OWCP’s medical adviser reached different impairment ratings using the medical guide. The Board found a medical conflict requiring an impartial specialist. It set aside OWCP’s…

March 13, 2014 ·ECAB
Remanded
COMM

United States Department of the Air Force, Grissom Air Reserve Base, Indiana (Agency) and American Federation of Government Employees, Local 3254 (Union)

Grissom Air Reserve Base and AFGE Local 3254 (FLRA 0-AR-4917): Union training award stands

Grissom Air Reserve Base denied union officials administrative time for a union training event. An arbitrator found that the training was mutually beneficial under the parties' agreement and directed the base to afford future training opportunities in line with that provision. The Authority…

March 13, 2014 ·FLRA
Upheld
COMM

Social Security Administration, Office of Disability Adjudication and Review, Baltimore, Maryland (Petitioner/Agency) and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers, AFL-CIO (Exclusive Representative/Union)

Social Security hearing centers and Association of ALJs (FLRA WA-RP-11-0022): Reconsideration denied

A Chicago Social Security administrative law judge sought to overturn a regional decision excluding hearing-center judges from a bargaining unit. The Authority had dismissed his application for review because it was filed twenty months after the regional decision, beyond the 60-day deadline. He…

March 12, 2014 ·FLRA
Procedural
COMM

Social Security Administration, Office of Disability Adjudication and Review, National Hearing Center, Chicago, Illinois (Agency) and Paul R. Armstrong (Petitioner/Individual)

Chicago Social Security hearing center and Paul Armstrong (FLRA CH-RP-13-0031): Unit review denied

A Chicago Social Security administrative law judge sought to clarify whether his position belonged in a bargaining unit after an earlier regional decision excluded hearing-center judges as supervisors. The Chicago regional director dismissed his petition because he had not shown meaningful changes…

March 12, 2014 ·FLRA
Upheld
COMM

L.L. and U.S. Postal Service, Post Office, Washington, DC

L.L. (ECAB 13-2146): Claimed disability period denied

L.L. sought total disability compensation for September 22 through October 7, 2012 after an accepted back injury. The Board found the medical evidence did not establish that the injury disabled her from work during that period. It affirmed OWCP’s August 28, 2013 denial.

March 12, 2014 ·ECAB
Affirmed
COMM

E.C. and Department of the Navy, Naval Air Station, Kingsville, TX

E.C. (ECAB 13-2144): Termination of compensation upheld

E.C. challenged OWCP’s termination of benefits for his accepted 2002 injury. The Board found that the medical evidence supported OWCP’s determination that he had no continuing disability caused by that injury. It affirmed OWCP’s September 9, 2013 decision terminating benefits effective September…

March 12, 2014 ·ECAB
Affirmed
COMM

H.S. and U.S. Postal Service, Post Office, Bellmawr, NJ

H.S. (ECAB 13-2043): Mail-lifting injury claim denied

H.S. claimed a low back injury after lifting mail bundles at work. The Board found that the evidence did not establish a compensable traumatic injury from the July 11, 2012 incident. It affirmed OWCP’s April 24, 2013 denial.

March 12, 2014 ·ECAB
Affirmed
COMM

H.V. and U.S. Postal Service, Los Angeles Processing & Distribution Center, Los Angeles, CA

H.V. (ECAB 13-2037): Termination of arm injury compensation upheld

H.V. challenged termination of compensation for an accepted right arm injury. The Board found that OWCP’s medical evidence established that the work-related condition had resolved by October 1, 2012. It affirmed OWCP’s April 1, 2013 decision.

March 12, 2014 ·ECAB
Affirmed
COMM

G.B. and Department of Homeland Security, Green State Airport, Warwick, RI

G.B. (ECAB 13-1752): Knee injury claim denied

G.B., a transportation security officer, claimed a knee injury after kneeling at work. The Board found that the medical evidence did not adequately establish an injury caused by the January 26, 2013 incident. It affirmed OWCP’s May 24, 2013 denial.

March 12, 2014 ·ECAB
Affirmed
COMM

R.M. and Department of Justice, U.S. Marshals Service, Del Rio, TX

R.M. (ECAB 13-1548): Leg impairment awards upheld

R.M. sought schedule awards above 26 percent impairment for each leg. His physician and OWCP’s medical adviser agreed on the 26 percent ratings under the applicable medical guide. The Board found no medical basis for higher awards and affirmed OWCP’s February 26, 2013 decision.

March 12, 2014 ·ECAB
Affirmed
COMM

J.G. and Department of the Navy, Naval Air Weapons Station, China Lake, CA

J.G. (ECAB 13-1542): Attendant allowance claim not reopened

J.G. sought reconsideration of an earlier denial of attendant allowance benefits. The Board found that the new medical report repeated opinions OWCP had already considered and did not address the issue with qualifying new evidence. It affirmed OWCP’s June 5, 2013 refusal to reopen the claim.

March 12, 2014 ·ECAB
Affirmed
COMM

D.N. and Federal Judiciary, U.S. District Court for Oregon, Portland, OR

D.N. (ECAB 13-1534): Continuing total disability claim denied

D.N. claimed total disability beginning November 17, 2010 from accepted employment injuries. The Board found that the medical evidence did not establish total disability for the claimed period. It affirmed OWCP’s January 3, 2013 denial.

March 12, 2014 ·ECAB
Affirmed
ALJ

Copomon Enterprises, LLC

Formaldehyde-label citation barred by prior settlement

Copomon Enterprises distributed hair straightening and smoothing products that could release formaldehyde when heated during use. OSHA cited the company because its product labels did not state that the products contained formaldehyde, even though the labels used exact language negotiated in an…

March 12, 2014 ·Sharon D. Calhoun ·OSHRC
Citations vacated
COMM

Barbara Dill v. Service Employees International, Incorporated

Dill v. Service Employees International (BRB 13-0262): death benefits claim returned for causation review

Wade Dill worked for Service Employees International in Iraq as a pest control specialist. He died by suicide during a visit home, and his widow Barbara sought death benefits, alleging that work-related separation and experiences in Iraq contributed to his death. An administrative law judge awarded…

March 11, 2014 ·BRB
Remanded
COMM

M.C. and U.S. Postal Service, Freedom Station, Charlotte, NC

M.C. (ECAB 14-0021): Past disability claim not reopened

M.C. sought reconsideration of a claim for disability after an accepted knee injury. Her attorney repeated arguments OWCP had already considered, and a new physician report did not directly address the claimed disability period. The Board affirmed OWCP’s April 8, 2013 refusal to reopen the case.

March 11, 2014 ·ECAB
Affirmed
COMM

M.A. and Department of Justice, Bureau of Prisons, Victorville, CA

M.A. (ECAB 13-2137): Overpayment and waiver denial upheld

M.A. received compensation after returning to work, resulting in an overpayment of $13,031.44 for April through July 2011. The Board upheld OWCP’s finding of overpayment and its refusal to waive recovery. It affirmed the April 24, 2013 decision.

March 11, 2014 ·ECAB
Affirmed
COMM

F.B. and U.S. Postal Service, Post Office, New York, NY

F.B. (ECAB 13-2066): Shoulder termination upheld; cervical claim remanded

F.B. challenged termination of benefits for an accepted left shoulder condition and sought recognition of additional cervical conditions. The Board upheld the termination, finding the accepted shoulder injury had resolved. It found a medical conflict over whether the 2010 incident also caused a…

March 11, 2014 ·ECAB
Mixed result
COMM

B.S. and Department of the Air Force, Robins Air Force Base, GA

B.S. (ECAB 13-2058): Left arm impairment award upheld

B.S. sought a schedule award above 11 percent impairment of his left arm. The Board found that the medical evidence did not establish a greater permanent impairment under the applicable guide. It affirmed OWCP’s July 5, 2013 decision.

March 11, 2014 ·ECAB
Affirmed
COMM

A.J. and U.S. Postal Service, Post Office, Bellmawr, NJ

A.J. (ECAB 13-1995): Back claim remanded for fair medical selection

A.J. claimed a back condition from postal work duties. OWCP relied on a doctor it treated as an impartial specialist, but the record did not document a fair and unbiased selection process. The Board set aside OWCP’s June 12, 2013 decision and remanded for proper selection and a new decision.

March 11, 2014 ·ECAB
Remanded
COMM

G.O. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms & Explosives, Buffalo, NY

G.O. (ECAB 13-1973): Right arm impairment award upheld

G.O. sought more than a 12 percent right arm impairment award after an accepted rotator cuff injury. The Board found that the medical evidence did not establish a higher rating. It affirmed OWCP’s July 23, 2013 schedule award decision.

March 11, 2014 ·ECAB
Affirmed
COMM

C.L. and Tennessee Valley Authority, Sequoyah Nuclear Plant, Soddy Daisy, TN

C.L. (ECAB 13-1724): Hearing loss award upheld; hearing aids remanded

C.L. sought a greater hearing loss award and authorization for hearing aids after workplace noise exposure. The Board upheld the two percent left-ear impairment award. It found that OWCP needed further development before denying hearing aids. It affirmed the May 23, 2013 award decision, set aside…

March 11, 2014 ·ECAB
Mixed result
COMM

S.B. and Department of the Navy, Naval Submarine Base, Groton, CT

S.B. (ECAB 13-1639): Recurrence of disability claim denied

S.B. claimed total disability beginning September 28, 2012 due to an accepted 2007 work injury. The Board found that the evidence did not establish a recurrence of total disability caused by that injury. It affirmed OWCP’s May 30, 2013 denial.

March 11, 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.