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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B.D. and Department of Transportation, Federal Aviation Agency, Westbury, NY
B.D. (ECAB 13-2168): Headset noise claim rejected
B.D., an air traffic control specialist, reported right ear pain after what he described as loud tones in his headset. OWCP denied his injury claim. The Board found that testing and an incident report contradicted his account of excessive headset noise. Because he had not established the claimed…
K.S. and Department of the Navy, Mare Island Naval Shipyard, Vallejo, CA
K.S. (ECAB 13-2160): Wage-earning capacity finding left in place
K.S., a Navy shipfitter apprentice with accepted back conditions, asked OWCP to change a 2010 wage-earning capacity determination. The Board found that he had not shown a material change in the accepted condition, vocational retraining, or error in the original determination. It affirmed OWCP’s…
J.H. and U.S. Postal Service, Post Office, Birmingham, AL
J.H. (ECAB 13-2134): Compensation suspension for missing earnings form upheld
J.H., a postal rural carrier associate, received wage-loss compensation for an accepted back injury. OWCP sent her a Form CA-1032 requesting earnings and employment information and warned that benefits could be suspended if she did not return it. The Board found no response in the record before…
S.S. and U.S. Postal Service, Post Office, Coppell, TX
S.S. (ECAB 13-2044): Schedule award denied for lack of ratable impairment
S.S., a postal window clerk, sought a schedule award after accepted neck and back conditions. OWCP found no ratable impairment of her arms or legs. The Board explained that a whole-person or spinal rating alone does not establish a FECA schedule award. It found no qualifying impairment of the…
M.K. and U.S. Postal Service, Post Office, Atlanta, GA
M.K. (ECAB 13-2041): Late reconsideration request denied
M.K., a postal distribution clerk, asked OWCP to reconsider a decision involving continuing disability from accepted respiratory conditions. OWCP received the request more than one year after its last merit decision. The Board found the request untimely and the submitted evidence insufficient to…
E.J. and U.S. Postal Service, Post Office, Islandia, NY
E.J. (ECAB 13-1999): Back injury claim returned for medical development
E.J., a postal worker, reported back pain after lifting a heavy mail tray in February 2012. OWCP accepted the incident but denied the claim because it found insufficient proof that the incident caused her back condition. The Board found that the existing medical evidence warranted further…
M.G. and U.S. Postal Service, Processing & Distribution Center, Long Beach, CA
M.G. (ECAB 13-1966): Wage-earning capacity question returned for medical review
M.G., a postal tractor-trailer operator, asked OWCP to change an earlier wage-earning capacity determination based on an information clerk job. OWCP obtained a second opinion but did not give the physician the selected job’s duties or resolve whether M.G. could perform them. The Board found that…
P.G. and U.S. Postal Service, Processing & Distribution Center, Wilmington, DE
P.G. (ECAB 13-902): Termination of back injury benefits reversed
P.G., a former postal clerk, received benefits for accepted back conditions after a workplace injury. OWCP terminated wage-loss compensation and medical benefits effective May 17, 2012. The Board found that the medical opinion OWCP relied on did not adequately address the accepted lumbar…
Secretary of Labor, MSHA v. Payson Concrete & Materials, Inc.
Secretary of Labor v. Payson Concrete & Materials, Inc. (FMSHRC WEST 2013-0819-M): Quarterly reporting penalties cut to $350
Payson omitted an owner-operator's work hours from 14 quarterly MSHA employment reports. Judge Margaret A. Miller held that each inaccurate quarterly report supported a separate citation because section 50.30(a) imposes a reporting duty for every calendar quarter. She nevertheless found that the…
United States Department of Veterans Affairs (Agency) and American Federation of Government Employees, AFL-CIO (Union/Petitioner) and National Association of Government Employees, SEIU (Union)
VA and AFGE (FLRA WA-RP-13-0005 and WA-RP-13-0014): Unit clarification review denied
AFGE sought to add two groups of VA employees to an existing bargaining unit through separate clarification petitions. A regional director found that the certification covered specified employees in Washington, D.C., while the employees in question worked elsewhere, and dismissed both petitions…
Secretary of Labor, MSHA v. Northshore Mining Company
Secretary of Labor v. Northshore Mining Company (FMSHRC LAKE 2011-818-M, et al.): Four plant citations affirmed with two reductions
After the parties settled 65 citations, four citations remained for trial at Northshore Mining Company's Minnesota taconite plant. Judge John Kent Lewis affirmed violations involving a deteriorated conveyor guard, material accumulations, an uncovered energized junction box, and a wet walkway. He…
United States Department of Veterans Affairs, Central Texas Veterans Health Care Systems, Temple, Texas (Respondent) and American Federation of Government Employees, Local 2109 (Charging Party/Union)
Central Texas VA and AFGE Local 2109 (FLRA DA-CA-12-0150): Overtime enforcement case to be dismissed
AFGE Local 2109 sought to enforce an arbitration award concerning nurses' overtime at the Central Texas VA health care system. An administrative law judge initially found an unfair labor practice because the VA had not complied with the award. After that decision, the VA Secretary determined that…
Secretary of Labor, MSHA v. Miller Springs Material, LLC
Secretary of Labor v. Miller Springs Material, LLC (FMSHRC CENT 2012-906-M): Intermittent stockpile loading kept quarry open
Miller Springs had stopped crushing at Cove Quarry while its crusher was under repair, but it continued filling customer orders from existing stockpiles. MSHA cited the company for failing to report the quarry as closed under section 56.1000. Judge Jerold Feldman held that intermittent loading at…
E.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Seattle, WA
E.L. (ECAB 13-2136): Late reconsideration request denied
E.L. sought reconsideration of an occupational disease claim involving carpal tunnel syndrome and arthritis. OWCP received the request more than a year after its last merit decision. The Board found the request late and the submitted material insufficient to show clear error in the earlier…
M.M. and Department of the Navy, Puget Sound Naval Base, Bremerton, WA
M.M. (ECAB 13-1819): Hearing loss and hearing-aid claims denied
M.M., a Navy police officer, claimed that workplace noise caused bilateral hearing loss and asked OWCP to provide hearing aids. OWCP denied both requests. The Board found that the medical evidence did not establish a causal connection between the hearing loss and federal employment. It also found…
W.L. and U.S. Postal Service, Post Office, Philadelphia, PA
W.L. (ECAB 13-1509): Back recurrence and surgery requests denied
W.L., a postal truck driver, claimed a recurrence of disability and a new low back injury after an earlier accepted sprain. He also sought authorization for lumbar surgery. The Board found that the evidence did not establish the claimed recurrence or new work injury. It also found no abuse of…
National Federation of Federal Employees, Local 5300 (Union) and United States Department of Agriculture, Forest Service, Law Enforcement and Investigations, Region 6 (Agency)
Forest Service Region 6 and NFFE Local 5300 (FLRA 0-AR-4923): Training travel overtime denied
Forest Service employees traveled home after mandatory training, and some travel extended beyond their regular workday. The agency credited that time as compensatory time, while the union sought overtime pay. An arbitrator denied the grievance. The Authority found no showing that the agency…
American Federation of Government Employees, National Council of Field Labor Locals (Union) and United States Department of Labor, Office of the Assistant Secretary for Administration and Management (Agency)
Department of Labor and AFGE Field Labor Locals (FLRA 0-AR-4922): Promotion grievance time bar upheld
A Department of Labor employee grieved a delay in her promotion more than two years after the date she said it should have occurred. An arbitrator found the grievance outside the agreement's 30-day filing period and therefore nonarbitrable. The union argued that the award misread the agreement and…
National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Island, Virginia (Agency) and Ronald H. Walsh (Petitioner) and American Federation of Government Employees (Exclusive Representative)
NASA Wallops Island and Ronald Walsh (FLRA WA-RP-13-0052): Decertification timing review opened
An individual at NASA's Wallops Island facility petitioned to decertify the employees' union. A regional director found the signatures supporting the petition valid but dismissed it as filed before the contract's open period. The Authority declined to revisit the signature procedure because that…
Secretary of Labor, MSHA v. Oak Grove Resources, LLC
Secretary of Labor v. Oak Grove Resources, LLC (FMSHRC SE 2012-416): Remaining citations settled for $88,125
Oak Grove and MSHA settled the two citations that remained after an earlier partial settlement. One order alleged combustible accumulations under section 75.400, while the other involved conditions identified during preshift examinations. Oak Grove disputed both the violation and…
Secretary of Labor, MSHA v. Martin Marietta Materials, Inc.
Secretary of Labor v. Martin Marietta Materials, Inc. (FMSHRC CENT 2013-332-M): Skid-loader headlight citation vacated
An MSHA inspector found that the headlights on a skid-steer loader at Martin Marietta's daylight-only quarry did not work. The lights had worked the previous day, and the loader had not yet been inspected or used on the day of the citation. Judge Priscilla M. Rae held that the Secretary did not…
N.O. and U.S. Postal Service, Main Post Office, Quincy, IL
N.O. (ECAB 13-2117): Knee occupational disease claim denied
N.O., a postal city carrier, attributed knee osteoarthritis to years of carrying a mailbag over uneven ground and stairs. OWCP denied her occupational disease claim. The Board found Dr. Bingham’s reports too uncertain to establish causation: he could not identify a specific cause and said mail…
M.D. and U.S. Postal Service, Post Office, Wailuku, HI
M.D. (ECAB 13-2090): Recurrence claim returned for review of medical report
M.D., a postal letter carrier with an accepted back injury, claimed a recurrence of total disability after stopping limited-duty work in October 2012. OWCP denied the claim. The Board found that a medical report relevant to the claimed recurrence had been received but was not properly considered…
K.P. and U.S. Postal Service, North Philadelphia Post Office, Philadelphia, PA
K.P. (ECAB 13-2079): Right leg schedule award denied
K.P. sought a schedule award for permanent right leg impairment from an accepted ankle and foot injury. OWCP denied the award after obtaining an impartial medical opinion. The Board found that the opinion carried the weight of the evidence and did not show permanent impairment from the accepted…
M.D. and Department of the Treasury, Office of the Inspector General for Tax Administration, Washington, DC
M.D. (ECAB 13-2055): Late reconsideration request denied
M.D., a Treasury criminal investigator, asked OWCP to reconsider a decision on her injury claim. The record before the Board showed that OWCP received the request more than one year after its last merit decision. The Board could not consider new evidence about the receipt date first submitted on…
D.S. and U.S. Postal Service, Processing & Distribution Center, Detroit, MI
D.S. (ECAB 13-2011): Leg schedule award denied
D.S., a postal custodian, sought a schedule award for leg impairment after an accepted lumbar injury. OWCP denied the award. The Board found that the medical evidence did not establish a ratable lower extremity impairment caused by the accepted condition under the applicable impairment guide. It…
T.B. and U.S. Postal Service, Post Office, North Metro, GA
T.B. (ECAB 13-1960): Termination of compensation benefits upheld
T.B., a postal rural carrier associate, received benefits for accepted injuries from a mail-delivery vehicle accident. OWCP ended wage-loss compensation and medical benefits effective June 29, 2013. The Board found that the medical evidence showed the accepted strains and contusions had resolved…
L.J. and U.S. Postal Service, Post Office, Philadelphia, PA
L.J. (ECAB 13-1920): Continuing ankle and knee effects require medical review
L.J., a postal letter carrier, sought benefits for continuing effects of accepted ankle and knee fractures after OWCP ended compensation. The Board found conflicting medical opinions about whether the accepted conditions still caused residuals after February 22, 2011. It set aside OWCP’s February…
R.F. and Tennessee Valley Authority, Chattanooga, TN
R.F. (ECAB 13-1918): Occupational lung disease claim denied
R.F., a retired Tennessee Valley Authority worker, claimed asbestosis and pneumoconiosis from workplace asbestos and coal dust. OWCP denied the claim. The Board found the medical evidence insufficient to establish that his federal employment caused or aggravated either condition. It affirmed OWCP’s…
C.H. and Department of Agriculture, Food Safety & Inspection Service, Minneapolis, MN
C.H. (ECAB 13-1879): Occupational disease denial affirmed; reconsideration remanded
C.H. claimed that her federal work caused carpal tunnel syndrome and other hand, forearm, and shoulder conditions. The Board found insufficient proof of causation and affirmed OWCP’s March 25, 2013 claim denial. It also found that OWCP should have reopened the case for reconsideration of the…
R.H. and U.S. Postal Service, Post Office, San Diego, CA
R.H. (ECAB 13-1820): Shoulder disability recurrence denied
R.H., a postal letter carrier, sought wage-loss compensation for a claimed recurrence of disability from an accepted right shoulder and upper arm sprain. OWCP denied the claim. The Board found no medical evidence establishing a worsening of the accepted condition or a change in her light-duty…
T.S. and Department of Interior, Fish & Wildlife Service, Lakewood, CO
T.S. (ECAB 13-1806): Additional arm schedule awards denied
T.S., a Fish and Wildlife Service accounting technician, sought additional schedule awards for both arms after an accepted injury. She had already received awards for 10 percent impairment of the right arm and 21 percent of the left arm. The Board found that the new medical evidence did not…
I.E. and U.S. Postal Service, Post Office, Lakeland, FL
I.E. (ECAB 13-1780): Back condition claim and reconsideration denied
I.E., a postal rural carrier, claimed that her work caused a back condition. OWCP denied the occupational disease claim and later refused reconsideration. The Board found insufficient medical evidence connecting the claimed conditions to her duties and no basis requiring OWCP to reopen the case. It…
A.S. and Department of Housing & Urban Development, Office of Housing, Parkersburg, WV
A.S. (ECAB 13-1770): Cardiac and hypertension claim denied
A.S., a federal program analyst, attributed cardiac and blood pressure problems to work stress caused partly by inadequate equipment. The Board accepted that he had to review and print many documents without consistently adequate equipment. It found that the medical reports did not establish a…
J.J. and Department of the Navy, Naval Air Systems Command, San Diego, CA
J.J. (ECAB 13-1635): Overpayment and fault findings upheld
J.J., a Navy aircraft mechanic, challenged OWCP’s finding of an $11,173.55 compensation overpayment from June through August 2011. The Board found that the overpayment occurred and that J.J. was at fault in creating it. Fault barred waiver of recovery. It affirmed OWCP’s May 23, 2013 decision.
P.K. and Department of the Interior, U.S. Fish & Wildlife Service, Randlett, UT
P.K. (ECAB 13-1504): Wage-earning capacity finding left in place
P.K. asked OWCP to change a 2009 determination that a customer service representative job represented his wage-earning capacity. He argued that the original finding was wrong and his medical condition had worsened. The Board found that the submitted evidence did not establish either ground for…
B.S. and U.S. Postal Service, Post Office, Los Angeles, CA
B.S. (ECAB 13-1347): Customer complaint clerk wage capacity upheld
B.S., a postal mail handler with accepted arm and leg conditions, stopped work and underwent vocational evaluation. OWCP found that a customer complaint clerk position represented her wage-earning capacity. The Board found that the selected job fit the medical restrictions and vocational evidence…
H.C. and U.S. Postal Service, Southeastern Processing & Delivery Center, Philadelphia, PA
H.C. (ECAB 13-1333): Impartial examiner selection requires proof
H.C., a postal worker, sought compensation for claimed bilateral arm conditions. OWCP relied on an impartial medical examiner to deny the claim. The Board found that the record did not document a fair and unbiased selection of that examiner under OWCP’s procedures. It set aside the February 19…
American Federation of Government Employees, Local 1945 (Union) and United States Department of the Army, Anniston Army Depot, Anniston, Alabama (Agency)
Anniston Army Depot and AFGE Local 1945 (FLRA 0-AR-4958): Union exception rejected
AFGE Local 1945 challenged an arbitration award involving Anniston Army Depot and requested an expedited, abbreviated decision. The Authority granted that request. It dismissed the union's objection to the arbitrator's reading of a contract term because the agency had presented that reading in…
United States Department of Health and Human Services, Food and Drug Administration, San Diego, California (Agency) and National Treasury Employees Union (Union)
San Diego FDA and NTEU (FLRA 0-AR-4908): Reduced discipline award stands
The FDA suspended an employee for three days based on three alleged incidents of misconduct. An arbitrator found cause to discipline the employee for some of the allegations but not all, and reduced the suspension to a written reprimand. The agency argued that the arbitrator misread testimony about…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union (Union)
Customs and Border Protection and NTEU (FLRA 0-AR-4598): COPRA reconsideration denied
Customs officers sought overtime pay under the Customs Officers Pay Reform Act for firearms maintenance and canine duties. In an earlier ruling, the Authority rejected a finding of double-rate overtime because the arbitrator had not found that the agency assigned those tasks outside regular hours…
Secretary of Labor, MSHA v. Freeport-McMoRan Morenci, Inc.
Secretary of Labor v. Freeport-McMoRan Morenci, Inc. (FMSHRC WEST 2013-766-M): Bent stair upheld as S&S
A heavily constructed stair at Freeport-McMoRan's Morenci copper mine had a 25-inch section bent downward along the tread. An MSHA inspector lost his balance on the step, and miners regularly used the stairway while carrying tools to conveyor equipment. Judge Margaret A. Miller found that the…
Secretary of Labor, MSHA v. Webster County Coal, LLC
Secretary of Labor v. Webster County Coal, LLC (FMSHRC KENT 2012-438): Dust-skirt citations upheld and oil-leak gravity reduced
MSHA cited Webster County Coal after roof-bolter dust skirts remained missing through maintenance shifts and hydraulic oil covered another bolter's operator deck. Judge David P. Simonton found that the missing skirts violated the approved ventilation plan and exposed two bolter operators to…
Secretary of Labor, MSHA v. Black Castle Mining Company and Michael Vira
Secretary of Labor v. Black Castle Mining Company and Michael Vira (FMSHRC WEVA 2006-891-R, et al.): Pipeline-examination vacatur affirmed
A bulldozer operator died when his machine ruptured a buried natural-gas pipeline at Black Castle's surface coal mine. MSHA alleged that the operator and superintendent Michael Vira failed to identify and correct inadequate pipeline markings during required examinations of active working areas. The…
Secretary of Labor, MSHA v. Maxxim Rebuild Company, LLC
Secretary of Labor v. Maxxim Rebuild Company, LLC (FMSHRC KENT 2013-989): MSHA jurisdiction and electrical citations affirmed
MSHA cited electrical cable-entry and maintenance conditions at Maxxim Rebuild's Kentucky fabrication shop. Maxxim stipulated to both violations and the proposed penalties but preserved its argument that the off-site equipment repair facility was not a mine under the Mine Act. Judge Margaret A…
D.W. and U.S. Postal Service, Post Office, Milwaukee, WI
D.W. (ECAB 13-2180): Additional left leg schedule award denied
D.W., a postal rural carrier, injured her left knee while running from a dog at work. OWCP accepted a meniscus tear and awarded two percent impairment of the left leg. The Board found that the medical evidence did not establish impairment greater than two percent under the applicable rating method…
K.P. and U.S. Postal Service, North County Branch, St. Louis, MO
K.P. (ECAB 13-2094): Shoulder claim reconsideration refused
K.P., a postal letter carrier, asked OWCP to reconsider its denial of a right shoulder occupational disease claim. The Board’s review was limited to whether his submission required OWCP to reopen the merits. It found that the arguments and medical reports did not meet that standard. It affirmed…
V.D. and U.S. Postal Service, Post Office, Pulaski, TN
V.D. (ECAB 13-2064): Ten percent awards for each hand affirmed
V.D., a postal rural carrier, received schedule awards for 10 percent impairment of each hand after accepted thumb conditions. She sought higher ratings. The Board found that the medical evidence did not establish impairment above the percentages already awarded. It affirmed OWCP’s May 14, 2013…
S.G. and U.S. Postal Service, Post Office, Newark, NJ
S.G. (ECAB 13-2049): Termination of back benefits upheld
S.G., a postal mail handler, received benefits for an accepted aggravation of back radiculitis or neuritis. OWCP ended wage-loss compensation and medical benefits effective July 5, 2012. The Board found that a reasoned second-opinion report established that the accepted work injury no longer caused…
W.G. and Department of the Air Force, Robins Air Force Base, GA
W.G. (ECAB 13-1917): Hearing loss claim denied
W.G., an Air Force aircraft production controller, claimed hearing loss from workplace noise. OWCP asked for more detail about the nature and extent of his exposure. The Board found that his job description alone did not establish the claimed noise exposure, and the medical record did not establish…
G.G. and Department of the Air Force, Air Force Materiel Command, Tinker Air Force Base, OK
G.G. (ECAB 13-1886): Late hearing-loss reconsideration denied
G.G. had an accepted work-related hearing loss claim and sought further review of a later decision. OWCP received his reconsideration request after the one-year deadline measured from the latest merit decision. The Board found no clear evidence of error in the material submitted with the late…
R.M. and Department of the Air Force, Randolph Air Force Base, TX
R.M. (ECAB 13-1634): Hearing impairment rating requires complete audiogram
R.M., an Air Force aircraft mechanic supervisor, sought a schedule award after OWCP accepted work-related bilateral hearing loss. OWCP’s medical adviser received an incomplete audiogram and could not read one test value, yet OWCP denied a ratable impairment. The Board set aside the June 21, 2013…
E.M. and U.S. Postal Service, Post Office, Oakland, CA
E.M. (ECAB 13-1378): Overpayment and waiver denial upheld
E.M., a postal letter carrier, challenged OWCP’s finding of a $5,906.26 compensation overpayment and its refusal to waive recovery. The Board found that the overpayment calculation was supported by the record. It also found that OWCP properly denied waiver. It affirmed OWCP’s January 15, 2013…
Secretary of Labor, MSHA v. Brody Mining, LLC
Secretary of Labor v. Brody Mining, LLC (FMSHRC WEVA 2013-674): Roof-bolter oil citations settled for $44,000
MSHA cited two oil leaks on a Fletcher roof bolter and proposed total penalties of $71,400. Brody Mining would have presented evidence that its foreman reasonably believed the leaks did not require the machine's immediate removal from service and that the oil was unlikely to ignite or cause serious…
United Taconite, LLC v. Secretary of Labor and Secretary of Labor, MSHA v. United Taconite, LLC
United Taconite, LLC v. Secretary of Labor (FMSHRC LAKE 2012-687-M, et al.): Fall and oily-walkway violations affirmed with reductions
At United Taconite's Minnesota plant, a miner worked without fall protection beside an open slurry-filled box, and another area had oily walkways and saturated absorbent pads around a compressor. Judge John Kent Lewis affirmed the imminent-danger order and found the fall-protection violation S&S…
A.S. and U.S. Postal Service, Post Office, New York, NY
A.S. (ECAB 13-2175): Vocational-rehabilitation reconsideration denied
A.S., a postal mail processor, asked OWCP to reconsider a suspension of compensation for failure to cooperate with vocational rehabilitation. The Board’s review was limited to whether the request warranted a new merits review. It found that her submissions did not present new relevant evidence or a…
D.U. and Department of Veterans Affairs, Veterans Administration Medical Center, St. Louis, MO
D.U. (ECAB 13-2086): Higher arm schedule awards denied
D.U. sought higher schedule awards for bilateral carpal tunnel syndrome after receiving one percent impairment awards for each arm. The Board found that the medical evidence did not establish greater permanent impairment of either arm. It affirmed OWCP’s July 15, 2013 decision.
T.M. and Department of Energy, National Nuclear Security Administration, Office of Secure Transportation, Albuquerque, NM
T.M. (ECAB 13-1997): Training injury claim and reconsideration denied
T.M., a federal nuclear material courier, reported a back injury during tactical training. OWCP denied the injury claim and later refused reconsideration. The Board found that the evidence did not establish a compensable injury in the performance of duty or a basis for reopening the merits. It…
L.H. and U.S. Postal Service, Post Office, Miami, FL
L.H. (ECAB 13-1990): Higher leg schedule awards denied
L.H., a postal worker with accepted knee conditions, had received schedule awards for 50 percent impairment of the left leg and 31 percent of the right leg. She sought higher ratings. The Board found that the medical record did not establish impairment beyond those percentages. It affirmed OWCP’s…
P.I. and U.S. Postal Service, National Service Center, Los Angeles, CA
P.I. (ECAB 13-1983): Knee injury claim lacked medical proof
P.I., a postal mail handler, reported twisting his right knee after stepping on mail at work. The Board accepted that the incident occurred as described. It found, however, that the medical evidence did not establish an injury caused by that incident. It affirmed OWCP’s May 30, 2013 denial.
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.