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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K.C. and Department of the Army, Fort McCoy, WI
K.C. (ECAB 13-1150): Termination of injury benefits upheld
K.C. challenged the termination of wage-loss and medical benefits. The Board found that OWCP met its burden to show the accepted injury no longer caused compensable residuals. It affirmed the April 3, 2013 decision terminating benefits effective October 23, 2012.
Secretary of Labor v. Lincoln Leasing Company, Inc.
Penalty assessment reopened after reported office lapse
Lincoln Leasing said its office administrator's health issues caused it to miss a penalty contest deadline. It reported discovering the delinquency when counsel received a Treasury collection notice months after MSHA had sent a delinquency notice and referred the debt for collection. The Secretary…
Secretary of Labor v. McElroy Coal Company
New supervisor's missed contest excused
McElroy Coal missed a proposed penalty contest deadline after a new safety supervisor unfamiliar with the process handled the assessment. The supervisor discovered the delinquency six days after the assessment became final when a separate assessment arrived. The Secretary did not oppose reopening…
Secretary of Labor v. Power Fuels, LLC
Coal blending terminal held subject to Mine Act
Power Fuels operated a stand-alone terminal that received coal and coal byproducts, stored and blended them to a power company's daily specifications, and then shipped the prepared fuel to the plant. Judge George A. Koutras held that these activities were the work of preparing coal, making the…
Secretary of Labor v. Con-Agg, Inc.
Missing contest reopened
Con-Agg said it mailed a timely contest of a proposed penalty assessment on February 4, 2013. MSHA received a contest from the operator on that date, but it concerned a different case, and the assessment at issue became final. The Secretary did not oppose reopening but urged the operator to improve…
Secretary of Labor v. Bindl Bauer Limestone of Spring Green, Inc.
Lost mailed contest excused
Bindl Bauer Limestone said it mailed a timely penalty contest on the same day MSHA delivered the assessment. After learning that MSHA had not received the contest, the operator mailed another copy. The Secretary did not oppose reopening but urged better procedures for future filings. The Commission…
Secretary of Labor v. Root Construction, Inc.
Predecessor's unfiled assessment contest excused
Root Construction missed a proposed penalty contest deadline. Its new safety director found the delinquent assessment while sorting through documents left by the prior safety director. The Secretary did not oppose reopening but urged the operator to improve its filing procedures. The Commission…
B.T. and Department of Commerce, Census Bureau, Detroit, MI
B.T. (ECAB 13-2128): Right leg impairment award denied
B.T. sought a schedule award for right leg impairment following an accepted injury. The Board found that the medical evidence did not establish a ratable permanent impairment of the leg. It affirmed OWCP’s July 3, 2013 denial.
G.R. and U.S. Postal Service, Post Office, North Houston, TX
G.R. (ECAB 13-2054): Late reconsideration request denied
G.R. sought reconsideration of an earlier OWCP decision after the filing period had passed. The Board found that the request was untimely and did not show clear evidence of error in the prior merits decision. It affirmed OWCP’s April 30, 2013 refusal to reopen.
T.K. and Department of Justice, Federal Bureau of Investigation, Miami, FL
T.K. (ECAB 13-1833): Compensation pay rate calculation upheld
T.K. disputed the pay rate OWCP used to calculate compensation beginning July 13, 2013. He argued that his later separation date should control. The Board found that the proper rate was the one in effect when his compensable disability recurred in November 2002. It affirmed OWCP’s July 29, 2013…
I.T. and Department of the Army, Anniston Army Depot, Anniston, AL
I.T. (ECAB 13-1815): Additional right arm award denied
I.T. sought a schedule award above 17 percent impairment of her right arm. The Board considered the medical ratings for her accepted right shoulder injury and found that they supported no higher impairment. It affirmed OWCP’s June 13, 2013 denial of another schedule award.
D.H. and U.S. Postal Service, Post Office, Macomb, IL
D.H. (ECAB 13-1482): Left leg impairment rating remanded
D.H. sought a schedule award above 16 percent impairment of his left leg after an accepted ankle injury. The Board found that OWCP needed clarification from its second opinion physician about the impairment rating. It set aside the May 1, 2013 decision and remanded for further action.
J.G. and Department of Justice, Federal Bureau of Prisons, Kansas City, KS
J.G. (ECAB 13-1466): Existing limb impairment awards upheld
J.G. sought larger schedule awards for impairment of both legs and both arms. He argued that the ratings should include additional measurements and use an older edition of the medical guide. The Board found that the evidence did not establish impairment above the awarded percentages. It affirmed…
D.M. and U.S. Postal Service, Post Office, Saint Louis, MO
D.M. (ECAB 13-1228): Left arm award claim sent back for merits review
D.M. submitted evidence seeking an increased left arm schedule award, but OWCP treated her request as late reconsideration of an earlier award. The Board found that her new accepted left shoulder condition also had to be considered in rating impairment. It set aside OWCP’s January 28, 2013 decision…
J.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Perry Point, MD
J.L. (ECAB 13-0304): Wage capacity and benefit termination upheld
J.L. sought to change a 1989 wage-earning capacity determination and challenged the termination of compensation. The Board found no basis to modify the earlier determination. It credited the impartial medical opinion that the accepted injury had resolved and affirmed OWCP’s October 17, 2012…
Secretary of Labor on behalf of David S. Wood v. Highland Mining Company, LLC
Miner temporarily reinstated after safety refusal
David Wood refused to ride a mine golf cart while his supervisor was extremely angry and, Wood said, unsafe to ride with. About two weeks later, Highland Mining suspended and discharged him, officially citing its illness-leave policy. Judge William B. Moran found Wood credible for the limited…
D.L. and Department of Homeland Security, Federal Emergency Management Administration, Forest Hills, NY
D.L. (ECAB 14-0041): Claimed knee injury denied
D.L. claimed that he injured his right knee while climbing into a bunk during federal duty. The Board found that the medical evidence did not explain how the claimed incident caused or aggravated a diagnosed condition. It affirmed OWCP’s September 5, 2013 denial.
J.N. and U.S. Postal Service, Post Office, Angola, NY
J.N. (ECAB 14-0034): Late injury claim reconsideration denied
J.N. sought reconsideration after OWCP denied her occupational disease claim. The request was filed after the one-year period and did not demonstrate clear evidence of error in the earlier decision. The Board affirmed OWCP’s September 10, 2013 refusal to reopen.
W.C. and Department of Homeland Security, Customs & Border Protection, Cape Canaveral, FL
W.C. (ECAB 13-2161): Hearing loss claim not reopened
W.C. sought reconsideration of a hearing loss and tinnitus claim. The Board found that the submissions did not satisfy the requirements for reopening the case for a new merits review. It affirmed OWCP’s May 13, 2013 denial of reconsideration.
L.H. and U.S. Postal Service, Post Office, Charleston, WV
L.H. (ECAB 13-2158): Back claim not reopened
L.H., a postal carrier, sought reconsideration of an occupational back condition claim. The Board found that the request did not provide a relevant new legal argument or evidence requiring another merits review. It affirmed OWCP’s August 12, 2013 refusal to reopen.
J.F. and U.S. Postal Service, Post Office, Allen Park, MI
J.F. (ECAB 13-2114): Intermittent disability claim denied
J.F. sought wage-loss compensation for intermittent days between September 2012 and January 2013 after an accepted left elbow injury. The Board found that the medical evidence did not establish total disability caused by that injury on the claimed dates. It affirmed OWCP’s August 21, 2013 denial.
D.E. and Department of the Navy, U.S. Naval Academy, Annapolis, MD
D.E. (ECAB 13-2104): Wrist disability recurrence claim denied
D.E. sought compensation for a claimed September 2009 recurrence of disability from an accepted 2000 right wrist fracture. The Board found that the medical evidence did not establish a recurrence caused by that injury. It affirmed OWCP’s April 1, 2013 denial.
O.W. and U.S. Postal Service, Post Office, Woodbridge, NJ
O.W. (ECAB 13-2081): Compensation pay rate remanded
O.W. challenged OWCP’s pay rate calculation for compensation. The Board found that OWCP had not clearly established how many days he actually worked in the relevant period, which affected his average daily wage. It set aside the June 20, 2013 decision and remanded for proper findings and a new…
P.B. and Department of Agriculture, APHIS Veterinary Services, Raleigh, NC
P.B. (ECAB 13-1866): Termination of injury benefits reversed
P.B. challenged OWCP’s termination of medical and wage-loss benefits for accepted work injuries. The Board found that the medical opinion OWCP relied on did not establish that her accepted condition had resolved or adequately settle the medical conflict. It reversed OWCP’s March 8, 2013 termination…
E.A. and U.S. Postal Service, Post Office, Coppell, TX
E.A. (ECAB 13-0958): Right arm impairment award upheld
E.A. sought a schedule award above five percent impairment of his right arm after an accepted shoulder condition. The Board found that the medical evidence supported the existing five percent rating. It affirmed OWCP’s March 14, 2013 decision.
Secretary of Labor v. Bowman Construction Co., Inc.
Trommel covered by Mine Act but distant shed not proven covered
Bowman Construction operated a small quarry on property mostly used for its construction business and challenged MSHA's authority over equipment away from the quarry. Judge Richard W. Manning held that a trommel processing excavated earth was performing mineral milling and sizing, so MSHA had…
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company and its Successors
Secretary of Labor on behalf of J. Don Arnold v. BHP Navajo Coal Company, et al. (FMSHRC CENT 2013-541-D): Combined disciplinary actions may be materially adverse
BHP Navajo Coal sought dismissal of J. Don Arnold's discrimination complaint, arguing that a paid investigative suspension, a written warning, and a downgraded performance category caused no material adverse action. Judge John Kent Lewis held that the actions had to be considered together. Arnold…
D.G. and Department of Homeland Security, Immigration & Customs Enforcement, Burlington, MA
D.G. (ECAB 14-0044): Training injury claim denied
D.G. claimed a neck injury during defensive tactics training at work. The Board found that the medical evidence did not adequately explain how the August 2011 training incident caused or aggravated a diagnosed condition. It affirmed OWCP’s September 12, 2013 denial.
L.W. and U.S. Postal Service, Post Office, Princeton, NJ
L.W. (ECAB 14-0036): Carpal tunnel claim denied
L.W. claimed right carpal tunnel syndrome from postal work duties. The Board found that the evidence did not establish a causal link between the condition and the identified employment factors. It affirmed OWCP’s May 1 and July 17, 2013 decisions.
V.B. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX
V.B. (ECAB 14-0008): Hearing loss award upheld
V.B. sought a schedule award above 92 percent binaural hearing loss after workplace noise exposure. The Board found that the medical evidence supported the existing impairment rating and no greater award. It affirmed OWCP’s August 2, 2013 decision.
C.M. and U.S. Postal Service, Post Office, Edison, NJ
C.M. (ECAB 13-2178): Termination of injury benefits upheld
C.M. challenged termination of wage-loss and medical benefits for an accepted injury. The Board found no continuing work-related disability or medical residuals on or after October 19, 2012. It affirmed OWCP’s April 30, 2013 decision.
V.T. and Department of Defense, Defense Finance & Accounting Service, Columbus, OH
V.T. (ECAB 13-2172): Anxiety and hypertension claim denied
V.T. claimed hypertension and situational anxiety from a March 2012 work incident. The Board found that the medical evidence did not establish a causal link to the incident. It also upheld OWCP’s denial of her oral hearing request. The Board affirmed OWCP’s June 3 and July 29, 2013 decisions.
J.B. and Department of Homeland Security, Federal Emergency Management Agency, Alexandria, VA
J.B. (ECAB 13-2157): Claimed wage-loss period denied
J.B. sought wage-loss compensation from November 30, 2012 through January 15, 2013 after an accepted right foot condition. The Board found that the evidence did not establish entitlement to compensation for that period. It affirmed OWCP’s May 1, 2013 denial.
R.M. and U.S. Postal Service, Post Office, Waycross, GA
R.M. (ECAB 13-2118): Claimed head injury denied
R.M. claimed that he fainted and struck his head on equipment at work in February 2010. The Board found the factual and medical submissions insufficient to establish a compensable traumatic injury. It affirmed OWCP’s August 7, 2013 denial.
A.O. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
A.O. (ECAB 13-2111): Late reconsideration request denied
A.O. sought reconsideration of a February 2010 OWCP merits decision. Her request was late, and the Board found that the evidence did not raise a substantial question that OWCP had erred. It affirmed OWCP’s March 27, 2013 refusal to reopen.
R.F. and Department of the Treasury, Internal Revenue Service, Boston, MA
R.F. (ECAB 13-2023): Traumatic injury claim denied
R.F. claimed that his medical conditions resulted from an incident in the performance of duty. The Board found that the medical evidence did not establish a causal relationship between the claimed conditions and his employment. It affirmed OWCP’s May 7, 2013 denial.
T.C. and U.S. Postal Service, Post Office, New York, NY
T.C. (ECAB 13-2008): Reconsideration request sent back for merits review
T.C. asked OWCP to reconsider the termination of compensation and medical benefits. The Board found that his submission was sufficient to require a merits decision, despite OWCP’s refusal to reopen. It set aside OWCP’s July 30, 2013 decision and remanded for further action.
A.J. and U.S. Postal Service, Postal Service Headquarters, Washington, DC
A.J. (ECAB 13-2000): Consequential back condition claim denied
A.J. claimed that a lumbar condition developed as a consequence of an accepted 2001 work injury. The Board found that the medical evidence did not establish the required causal relationship. It affirmed OWCP’s March 13, 2013 denial.
D.S. and U.S. Postal Service, Post Office, Paoli, PA
D.S. (ECAB 13-1970): Neck and back occupational claim denied
D.S. claimed neck and low back conditions from her postal work duties. The Board found that the medical evidence did not adequately establish that those duties caused or aggravated the conditions. It affirmed OWCP’s June 12, 2013 denial.
C.K. and U.S. Postal Service, Management Section Center, Baltimore, MD
C.K. (ECAB 13-1928): Late reconsideration request denied
C.K. sought reconsideration of an earlier decision on his schedule award. The Board found that the request was filed too late and did not demonstrate clear evidence of error in the prior merits decision. It affirmed OWCP’s August 7, 2013 refusal to reopen.
G.H. and Department of Labor, Occupational Safety & Health Administration
G.H. (ECAB 13-1553): Benefits suspension remanded over medical selection
G.H. challenged suspension of his compensation after he missed a scheduled medical examination. The Board found that OWCP had not documented a fair and unbiased selection of the impartial examiner. It set aside the November 15, 2012 suspension decision and remanded for proper selection and a new…
C.P. and U.S. Postal Service, Post Office, Waltham, MA
C.P. (ECAB 13-0853): Claimed mail-handling injury denied
C.P. claimed an injury while pushing a mail container onto a truck in June 2011. The Board found that the record did not establish a compensable injury from that event. It affirmed OWCP’s December 11, 2012 denial.
M.S. and U.S. Postal Service, Post Office, Middle Village, NY
M.S. (ECAB 13-0733): Emotional condition claim denied
M.S. attributed an emotional condition to disputes with her supervisor. The Board found that she had not established a compensable employment factor under FECA from the alleged events. It affirmed OWCP’s September 5, 2012 denial.
M.M. and U.S. Postal Service, Post Office, Chicago, IL
M.M. (ECAB 13-0618): Lower back injury claim denied
M.M., a postal carrier, claimed lower back conditions from a December 2009 work incident. The Board found that the submitted evidence did not establish the claimed conditions in the performance of duty. It affirmed OWCP’s December 26, 2012 denial.
PM Construction & Rehab, LLC
Trench citation reduced from repeat to serious
PM Construction & Rehab was repairing sewer pipes in Houston when an employee working in an 8- to 9-foot-deep trench was seriously injured by a rock that broke from an unprotected end wall. The company had installed hydraulic shoring along the trench's long walls but had not shored, sloped, or…
J.S. and Department of Homeland Security, Customs & Border Protection, Rail Yard, Detroit, MI
J.S. (ECAB 13-2121): Chemical exposure injury claim denied
J.S. reported brief exposure to Dipentene from a workplace chemical spill. The Board found that the medical evidence did not identify an injury or condition caused by the exposure. It affirmed OWCP’s July 24, 2013 denial.
B.T. and U.S. Army Corps of Engineers, Philpott Dam, Bassett, VA
B.T. (ECAB 13-2112): Claimed knee incident not established
B.T. claimed a traumatic right knee injury at work. The Board found unresolved inconsistencies about when and how the incident occurred, despite statements he said corroborated his account. It held that he had not established the incident and affirmed OWCP’s April 3, 2013 denial.
V.H. and Department of Veterans Affairs, Veterans Health Administration, East Orange, NJ
V.H. (ECAB 13-2076): Wage-earning capacity ruling upheld
V.H. challenged a wage-earning capacity determination, arguing that her modified food service job was makeshift. The Board found that the permanent position had defined duties within her medical restrictions and paid the same as her preinjury work. It affirmed OWCP’s June 28, 2013 refusal to modify…
W.M. and U.S. Postal Service, Main Post Office, Philadelphia, PA
W.M. (ECAB 13-2075): Left leg impairment award denied
W.M. sought a schedule award for permanent left leg impairment from accepted low back conditions. The Board found that the medical evidence did not establish a ratable impairment of the leg caused by those conditions. It affirmed OWCP’s June 26, 2013 denial.
C.W. and U.S. Postal Service, Post Office, Jacksonville, FL
C.W. (ECAB 13-2059): Carpal tunnel occupational claim denied
C.W., a postal mail processor, claimed bilateral carpal tunnel syndrome from work duties. The Board found that the medical evidence did not establish a causal connection between the condition and the identified employment factors. It affirmed OWCP’s July 24, 2013 denial.
J.B. and U.S. Postal Service, Northern New England Performance Cluster, Burlington, VT
J.B. (ECAB 13-2057): Prior Board decision vacated; case remanded
The Board had affirmed OWCP decisions in J.B.’s case on February 7, 2014. The OWCP Director had already moved to remand because new medical reports had reached OWCP but were not before the Board on appeal. The Board vacated its prior decision and remanded for further development and merit review.
R.H. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY
R.H. (ECAB 13-2039): Pulmonary claim remanded for medical clarification
R.H. claimed pulmonary conditions from coal dust and asbestos exposure at a fossil plant. The Board found that an OWCP-directed physician had not clearly resolved whether workplace exposure contributed to the diagnosed emphysema. It set aside OWCP’s August 2, 2013 denial and remanded for…
J.R. and U.S. Postal Service, Post Office, Baytown, TX
J.R. (ECAB 13-2020): Nerve condition claim remanded for new specialist
J.R. claimed carpal tunnel syndrome and ulnar nerve entrapment from postal work. The Board found that the impartial specialist had not sufficiently explained his opinion about work causation. It set aside OWCP’s March 14, 2013 decision and remanded for a new impartial specialist and a merits…
B.M. and Department of the Army, U.S. Army War College, Carlisle Barracks, PA
B.M. (ECAB 13-1948): Reconsideration denial remanded for evidence review
B.M. appealed OWCP’s refusal to reconsider an occupational disease claim. The Board found that OWCP had to consider evidence received before issuing its July 22, 2013 decision. It set aside that decision and remanded for further proceedings on the reconsideration request.
D.W. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH
D.W. (ECAB 13-1875): Medical recurrence claim denied
D.W. claimed a recurrence of medical problems after an accepted 2012 slip and fall injury. The Board found that the evidence did not establish a recurrence of an accepted condition. It affirmed OWCP’s June 3, 2013 denial.
D.J. and Architect of the Capitol, Capitol Building, Washington, DC
D.J. (ECAB 13-1836): Termination of injury benefits upheld
D.J. challenged termination of medical and wage-loss compensation for accepted injuries. The Board found that OWCP met its burden to show the work-related conditions had resolved and that later evidence did not prove continuing residuals. It affirmed OWCP’s May 1, 2013 decision upholding…
L.S. and U.S. Postal Service, Post Office, Milwaukee, WI
L.S. (ECAB 13-1703): Arm impairment awards remanded for correct method
L.S. sought schedule awards above 21 percent impairment of each arm. The Board found that OWCP’s medical adviser had used the wrong method for rating spinal nerve impairment affecting the arms. It set aside OWCP’s April 24, 2013 decision and remanded for a rating under the correct guide and a new…
R.R. and U.S. Postal Service, Post Office, Trenton, NJ
R.R. (ECAB 13-1690): Increased impairment claim remanded for merits decision
R.R. submitted a new medical evaluation seeking an increased schedule award. OWCP treated it as a reconsideration request and denied it under that standard. The Board found that the new impairment claim required a merits decision. It set aside OWCP’s March 28, 2013 ruling and remanded for…
M.C. and U.S. Postal Service, Post Office, Los Angeles, CA
M.C. (ECAB 13-1633): Termination of benefits for three accepted conditions upheld
M.C. challenged termination of compensation and medical benefits for three accepted conditions from a 1974 work injury; benefits for an accepted jaw condition remained in place. The Board found that OWCP met its burden to show those conditions no longer caused compensable residuals. It affirmed…
C.N. and Department of Justice, Federal Correctional Institution, Fort Dix, NJ
C.N. (ECAB 13-1438): Benefits termination reversed
C.N. challenged OWCP’s termination of wage-loss and medical benefits for an accepted ankle injury. The Board found an unresolved medical conflict and held that OWCP had not carried its burden to terminate benefits. It reversed the January 11, 2013 decision.
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.