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.C. and U.S. Postal Service, Richmond Post Office
Board dismisses appeal filed years late (ECAB 25-0037)
A postal employee appealed a September 2018 OWCP decision in October 2024. The Board found that the appeal was filed well beyond its 180-day deadline and that no supported compelling circumstances excused the delay. It dismissed the appeal without reviewing the underlying merits.
T.J. and U.S. Postal Service, City of Industry Processing and Distribution Center
Board dismisses untimely appeal (ECAB 25-0014)
A postal employee appealed a July 2023 OWCP decision in October 2024. The Board found that the appeal came after its 180-day filing deadline and that no supported compelling circumstances justified the delay. It dismissed the appeal without reaching the claim's merits.
S.S. and U.S. Postal Service, Central Illinois District
Board orders review of omitted medical evidence (ECAB 25-0003)
A postal employee sought reconsideration of a disability claim after an accepted knee injury. OWCP denied her request as untimely without addressing medical reports and imaging submitted before that decision. The Board held that OWCP must consider all relevant evidence it received and directed a…
D.S. and Department of the Air Force, Joint Base San Antonio-Randolph
Board denies claimed condition after work incident (ECAB 24-0888)
An Air Force employee sought recognition of an injury after an accepted January 2024 work incident. The Board found that the submitted medical record, including an x-ray alone, did not establish a diagnosed condition connected with that event. It affirmed OWCP's denial.
Secretary of Labor v. Greenbrier Minerals, LLC
Unsupported S&S removal rejected
Greenbrier and the Secretary proposed settling six citations, including removal of the significant-and-substantial designation from a citation alleging an inoperable emergency stop switch on a feeder breaker. That change would also have reduced the proposed penalty from $1,593 to $302. The…
Van v. JP Morgan Chase & Co.
SOX and CFPA claims reinstated
Amy Van alleged that JP Morgan Chase retaliated against her after she reported customer-identification, anti-money-laundering, and internal-control concerns. An administrative judge dismissed her Sarbanes-Oxley Act and Consumer Financial Protection Act claims for failing to allege protected…
K.M. and U.S. Postal Service, Sayville Post Office
Board recognizes abrasion and orders review of obstetric condition (ECAB 25-0031)
A postal carrier fell at work while pregnant. The Board found that the accepted incident caused a visible extremity abrasion and that a physician diagnosed obstetric trauma in connection with the incident. It directed OWCP to pay for the abrasion and evaluate the additional condition and any…
T.B. and U.S. Postal Service, Brooklyn Processing and Distribution Center
Board upholds abandonment of oral hearing (ECAB 25-0029)
A postal mail processing clerk requested an oral hearing after a back injury claim. She did not attend the scheduled hearing or provide an explanation within 10 days. The Board found that OWCP properly treated the request as abandoned and affirmed its decision.
K.S. and U.S. Postal Service, Bedford Park Processing and Distribution Center
Board upholds overpayment and denial of waiver (ECAB 25-0027)
A postal employee continued receiving total disability compensation after returning to full-time work in April 2024. The Board found a $1,612.32 overpayment for the overlapping period and found that she was without fault. OWCP nevertheless properly denied waiver because she did not supply the…
J.V. and Department of the Air Force, Air Education and Training Command
Board dismisses appeal filed after deadline (ECAB 25-0006)
An Air Force employee appealed OWCP decisions issued in January 2022 and February 2024. The appeal and its postmark came after the Board's 180-day deadline for both decisions. With no supported compelling circumstances excusing the delay, the Board dismissed the appeal without reaching the merits.
O.R. and Department of Transportation, Transportation Security Administration
Board upholds impairment and disability claim denials (ECAB 24-0931)
A transportation security employee sought higher awards than eight percent impairment of each leg, reconsideration of a prior claim, and benefits for a recurrence of disability beginning October 2015. The Board found no proof of greater impairment or a work-related recurrence. It also found the…
L.B. and Department of Veterans Affairs, Jesse Brown VA Medical Center
Board denies claimed condition after work incident (ECAB 24-0833)
A VA employee sought recognition of a medical condition after an accepted August 2019 work incident. The Board found that the submitted opinions and diagnostic studies did not establish a causal connection between the incident and a diagnosed condition. It affirmed OWCP's denial.
Bluewater Yachting Solutions, Inc.
Commission dismisses settled case
Bluewater Yachting Solutions and the Secretary of Labor notified the Commission that they had settled all contested citation items. The Commission dismissed the case under Commission Rule 100. The order does not identify the cited standards, settlement terms, or penalty amount.
B.B. and Department of the Interior
Board dismisses appeal of favorable claim decision (ECAB 25-0030)
A Department of the Interior employee sought Board review of a September 2022 OWCP decision accepting the claim. Because that decision was favorable rather than adverse, the Board had no final adverse decision to review. It dismissed the appeal without addressing the claim's merits.
T.B. and U.S. Postal Service, Sunnyside Post Office
Board denies claimed work-related emotional condition (ECAB 25-0018)
A postal employee attributed an emotional condition to alleged workplace harassment on May 22, 2024. The Board found no corroborating witness statements or documents establishing the alleged conduct as a compensable work factor. It did not reach the medical evidence and affirmed OWCP's denial.
G.H. and Department of the Treasury
Board denies intermittent wage-loss claim (ECAB 25-0008)
A Treasury employee sought wage-loss compensation for intermittent absences from May through October 2023 after an accepted May 2023 injury. The Board found that the medical evidence did not establish disability for those periods due to the accepted injury. It affirmed OWCP's denial.
J.B. and U.S. Postal Service, Medford Post Office
Board denies injury claim and late hearing request (ECAB 24-0946)
A postal employee sought recognition of a medical condition after an accepted January 2024 incident. The Board found insufficient medical evidence connecting a diagnosed condition to that event. It also found that OWCP reasonably denied his late hearing request. It affirmed both decisions.
T.B., widow of A.B., and Department of the Air Force, Robins Air Force Base
Board upholds statutory survivor payment rate (ECAB 24-0794)
A surviving spouse sought more than 50 percent of the deceased Air Force employee's monthly pay as survivor compensation. The Board found that the governing FECA provision set her payment at 50 percent and that she did not dispute the underlying pay calculation. It affirmed OWCP's decision.
L.L. and Department of Veterans Affairs
Board dismisses appeal after withdrawal request (ECAB 24-0789)
A VA employee appealed an OWCP decision, then sent the Board a written request to withdraw the appeal. The Board granted that request and dismissed the case without deciding the underlying benefits issue.
L.N. and Department of Veterans Affairs
Board orders clarification of hip condition opinion (ECAB 24-0690)
A VA employee sought to add bilateral hip bursitis to an accepted injury claim. The Board found the medical opinion obtained by OWCP insufficient to resolve whether the hip conditions were caused or aggravated by the accepted injury. It directed OWCP to seek clarification or a new second opinion…
National Treasury Employees Union, Chapter 172 and United States Department of Homeland Security, Customs and Border Protection, Chicago, Illinois
NTEU Chapter 172 and Customs and Border Protection Chicago (FLRA 0-AR-5965): Authority upholds compressed-schedule reduction
Customs and Border Protection reduced the number of four-day, ten-hour schedules available in an annual employee bid and assigned most affected employees to another compressed schedule. An arbitrator found that the parties' national agreement and local memorandum had already given the port director…
Secretary of Labor v. County Line Stone Co., Inc., Consol Pennsylvania Coal Company, LLC, and Ramaco Resources, LLC
Settlement vacaturs remained reviewable
These three consolidated cases involved settlements that proposed vacating contested citations while resolving other citations in the same agreements. The Secretary claimed unreviewable discretion to vacate the citations and declined to assure the ALJ that the proposed vacaturs were independent of…
Matter of Nasir Ali KHAN
Enhanced vehicular manslaughter conviction treated as a crime involving moral turpitude
The Board reviewed a respondent's challenge to removal proceedings based on a California conviction for vehicular manslaughter while intoxicated, enhanced for fleeing the scene of an accident, and a separate conviction for leaving the scene of an injury accident. The Board held that when a…
K.C. and Federal Judiciary, U.S. Courts
Board upholds right arm impairment award (ECAB 24-0917)
A federal judiciary employee sought a larger award for permanent impairment of her right upper extremity. The Board found that the medical evidence did not establish a rating above the 16 percent already awarded under the applicable guides. It affirmed OWCP's decision.
T.H. and U.S. Capitol Police
Board reverses alleged dual-benefit overpayment (ECAB 24-0837)
A Capitol Police employee challenged an alleged overpayment attributed to simultaneous FECA and Social Security retirement benefits. The Board found that OWCP had not established that her federal service was covered by FERS, the retirement system required for the claimed offset. It reversed the…
M.M. (nee B.) and Department of Veterans Affairs
Board reverses termination of vaccine-injury benefits (ECAB 24-0804)
A VA employee challenged termination of benefits for accepted conditions following a COVID-19 vaccination. OWCP's examining physician relied on an incomplete statement of accepted facts and did not assess whether her accepted adjustment disorder had resolved. The Board held that his opinion could…
C.R. and U.S. Postal Service
Board denies claim for injury at home (ECAB 24-0799)
A postal employee fell while leaving his shower at home and attributed the fall to heat exhaustion. The Board found that showering at home was not an activity required by or incidental to his postal duties at that time. It held that the injury did not occur in the performance of duty and affirmed…
J.L. and U.S. Postal Service
Board orders combined review of related injury files (ECAB 24-0785)
A postal employee appealed a decision on a shoulder and body injury claim. The Board found that relevant reports and evidence were spread across related claim files. It directed OWCP to combine the three files for a full review and issue a new decision. Entitlement remains unresolved.
K.A. and Department of the Treasury
Board orders further CRPS review and restores treatment authorization (ECAB 23-0773)
A Treasury employee sought recognition of complex regional pain syndrome and central nervous system sensitization after accepted injuries. The impartial examiner's opinion did not resolve the medical conflict, so the Board directed further development of those conditions. It also found that OWCP…
Commercial Metals Company, d/b/a CMC Steel New Jersey
Mill lockout violations affirmed but willful classification rejected
Commercial Metals Company manufactured steel rebar at its Sayreville, New Jersey, facility. An assistant roller was adjusting a jack behind Mill Stand 7 when the machine unexpectedly energized, pulled him into its spindles, and killed him. The judge found that CMC's established lockout procedure…
Truman L. Neeper v. Swanson Trucking Industry
Neeper v. Swanson Trucking Industry (BRB 24-0130): black lung denial returned for medical review
Former coal miner Truman Neeper appealed the denial of his black lung benefits claim. The judge found that he had enough qualifying mine work for a statutory presumption but had not proved total respiratory disability. The Board held that the judge had not fully considered a doctor's opinion…
Phyllis F. Facello, on behalf of Frank J. Facello v. Consolidation Coal Company
Facello v. Consolidation Coal Company (BRB 23-0282): benefits award returned for medical review
Phyllis Facello continued her late husband's black lung claim after a judge awarded benefits. Consolidation Coal challenged the finding that an autopsy proved complicated pneumoconiosis. The Board held that the judge had not adequately explained why a second pathologist's report did not contradict…
H.C. and U.S. Postal Service
Board dismisses appeal of favorable OWCP ruling (ECAB 25-0002)
A postal employee appealed an August 2024 OWCP ruling. That ruling vacated an earlier suspension of compensation for missing a medical examination and was therefore favorable to him. The Board found no final adverse decision within its review period and dismissed the appeal.
R.G. and Department of the Navy, Naval Base
Board finds disease claim timely and orders merits review (ECAB 25-0001)
A Navy maintenance mechanic challenged OWCP's finding that his occupational disease claim was too late. The Board found that he had filed within the applicable three-year period under FECA. It reversed the timeliness ruling and directed OWCP to decide the claim on its merits. Entitlement remains…
S.R. and Department of the Air Force
Board orders further review of disability claim (ECAB 24-0880)
An Air Force aircraft mechanic sought wage-loss compensation beginning November 11, 2022, after an accepted injury. The Board found the record incomplete for deciding that disability period and directed OWCP to consider all relevant evidence, including a requested physician's report if received. It…
I.W. and Department of Defense
Board denies claimed lumbar condition (ECAB 24-0275)
A Defense Department employee sought recognition of a lumbar condition after an accepted November 2021 work incident. The Board found that the medical evidence did not establish a causal relationship between the incident and the diagnosed lumbar conditions. It affirmed OWCP's decision.
Donald G. Nelson v. Lowlands Coal Corporation
Nelson v. Lowlands Coal Corporation (BRB 24-0315): benefits award returned for work history review
Lowlands Coal challenged an award of black lung benefits to Donald Nelson. The judge found that Nelson had a totally disabling respiratory impairment and 16.025 years of qualifying coal mine work, enough to invoke the statutory presumption. The Board upheld the unchallenged disability finding but…
Linda Hayden, on behalf of and widow of Raymond L. Hayden v. Energy Coal Corporation
Hayden v. Energy Coal Corporation (BRB 23-0390 and 24-0220): operator liability sent back
Linda Hayden pursued her late husband's black lung claim and her own survivor's claim. The Board had previously upheld the miner's benefits award, and this decision upheld the widow's automatic entitlement to survivor's benefits. The remaining dispute was whether Energy Coal was the coal mine…
Barbara Farris, on behalf of James D. Farris v. Heritage Coal Company
Farris v. Heritage Coal Company (BRB 24-0162): fee settlement sent to district director
Barbara Farris appealed a reduced attorney fee award for work on a black lung benefits claim. While the appeal was pending, the parties agreed to a higher fee and asked the Board to modify the district director's award. The Board held that the district director, who oversaw the legal work, must…
James E. Bowman v. Consol Pennsylvania Coal Company
Bowman v. Consol Pennsylvania Coal Company (BRB 24-0092): disability finding vacated and remanded
James Bowman sought black lung benefits after working as a coal mine pumper. The administrative law judge denied benefits because he found Bowman had not shown a totally disabling respiratory or pulmonary impairment. The Board affirmed the unchallenged findings on pulmonary function and blood gas…
Roncie W. Spurlock v. Copperas Coal Corporation
Spurlock v. Copperas Coal Corporation (BRB 23-0464): black lung benefits award affirmed
Roncie Spurlock sought black lung benefits after working in underground coal mines. An administrative law judge found that he had complicated pneumoconiosis and awarded benefits under the Act's irrebuttable presumption. Copperas Coal and its carrier challenged the judge's use of some x-ray readings…
Willis Eugene Hunt v. Cheyenne Elkhorn Coal Company, Incorporated
Hunt v. Cheyenne Elkhorn Coal Company (BRB 23-0424): black lung benefits award affirmed
Willis Hunt sought black lung benefits after coal mine employment in Kentucky. An administrative law judge found that he had complicated pneumoconiosis and awarded benefits under the Act's irrebuttable presumption. Cheyenne Elkhorn Coal and its carrier challenged the judge's evaluation of CT scans…
Clodoaldo Palomino Idone v. Constellis Group/Triple Canopy
Palomino Idone v. Constellis Group/Triple Canopy (BRB 23-0422): denial of injury benefits affirmed
Clodoaldo Palomino Idone sought Defense Base Act benefits for alleged back and psychological injuries from his work as a security guard in Iraq. The administrative law judge denied the back claim as untimely and found the evidence did not establish a work-related psychological injury. The Board…
Linda Hayden, on behalf of and widow of Raymond L. Hayden v. Energy Coal Corporation
Hayden v. Energy Coal Corporation (BRB 23-0390 and 24-0220): operator liability sent back
Linda Hayden pursued her late husband's black lung claim and her own survivor's claim. The Board had previously upheld the miner's benefits award, and this decision upheld the widow's automatic entitlement to survivor's benefits. The remaining dispute was whether Energy Coal was the coal mine…
Charles R. Gilli v. Consolidation Coal Company
Gilli v. Consolidation Coal Company (BRB 23-0385): black lung benefits award affirmed
Charles Gilli sought black lung benefits after 21 years of qualifying coal mine work. An administrative law judge found that he had a totally disabling respiratory impairment and qualified for a presumption that the disability was due to pneumoconiosis. Consolidation Coal challenged the finding…
Azaria Hatfield, on behalf of Thomas Hatfield v. Apogee Coal Company, LLC
Hatfield v. Apogee Coal Company (BRB 23-0384): denial of black lung benefits affirmed
Azaria Hatfield pursued her late father's black lung benefits claim after the Board had returned it for further consideration of pulmonary function testing. A new test could not be performed because Thomas Hatfield had died. The administrative law judge reviewed the existing tests under the rule…
Donnie E. Ramey v. ICG Knott County LLC
Ramey v. ICG Knott County (BRB 23-0371): December 2013 benefits start date affirmed
Donnie Ramey had already won black lung benefits, but the start date remained disputed after an earlier Board remand. The administrative law judge again set the start date at December 2013, the month Ramey filed his claim. ICG Knott County argued that later test results showed he was not disabled…
Wade L. Hinkle v. Industrial Energy, Incorporated
Hinkle v. Industrial Energy (BRB 23-0365 and 23-0365 BLA-A): disability finding vacated and remanded
Wade Hinkle sought black lung benefits after more than 30 years of qualifying coal mine work. An administrative law judge found that pulmonary function studies alone did not establish total disability and denied benefits. The Board affirmed that study finding but held that the judge had not fully…
Ivan Kitaka v. SOC, LLC
Kitaka v. SOC (BRB 23-0314): partial Defense Base Act benefits decision affirmed
Ivan Kitaka sought Defense Base Act benefits for back, hearing, and psychological conditions that he attributed to security work in Iraq. The administrative law judge awarded medical benefits for his back injury but denied the other claims. The Board held that the judge reasonably credited medical…
Harold Baisden, Jr. v. Wolf Run Mining Company
Baisden v. Wolf Run Mining Company (BRB 23-0250): black lung benefits award affirmed
Harold Baisden sought black lung benefits after 27 years of underground coal mine work. An administrative law judge found that he had a totally disabling respiratory impairment and qualified for a presumption of disability due to pneumoconiosis. Wolf Run Mining argued that its medical evidence…
N.D. and Department of Homeland Security
Board upholds left leg impairment award (ECAB 24-0873)
A Homeland Security employee sought a larger award for left leg impairment. The Board found that the submitted medical evidence did not establish a rating above the 15 percent already awarded under the applicable guides. It affirmed OWCP's decision.
J.C. and U.S. Postal Service
Board recognizes postal work incident and orders medical review (ECAB 24-0842)
A postal employee appealed OWCP's finding that a June 5, 2020 workplace incident had not occurred as alleged. The Board found sufficient evidence that the incident occurred in the performance of duty. It reversed OWCP's decision and directed it to decide whether the event caused an injury. Medical…
S.R. and U.S. Postal Service
Board denies claimed work-related foot condition (ECAB 24-0839)
A postal mail processing clerk sought compensation for a right foot condition attributed to job duties. The Board found that the medical evidence did not adequately connect the diagnosed condition to accepted employment factors. It affirmed OWCP's denial.
G.W. and U.S. Postal Service
Board upholds denial of late written review (ECAB 24-0834)
A postal employee asked for review of the written record after the filing deadline. The Board found that the request was untimely and that OWCP did not abuse its discretion by declining review. It affirmed the denial.
M.S. and U.S. Postal Service
Board dismisses appeal of void OWCP decisions (ECAB 23-0890)
A postal employee appealed a May 2023 OWCP decision involving a COVID-19 claim. The Board had since vacated an earlier Board decision on the same claim, making the intervening OWCP decisions null and void. With no valid adverse OWCP decision to review, it dismissed the appeal.
P.B. and U.S. Postal Service
Board orders medical review of overwork stress claim (ECAB 23-0548)
A postal postmaster attributed an emotional condition to workplace demands. The Board found that overwork was a compensable employment factor established by the record. It directed OWCP to evaluate the medical evidence to decide whether that factor caused the claimed condition. Causation remains…
Elmer W. Davis, Inc.
Hoist-area and ladder violations affirmed
An Elmer W. Davis crew was replacing roofs on a four-story municipal building in Newark, New York. One employee stepped through modular guardrails and stood near the roof edge without personal fall protection while signaling a crane operator, and three employees used a ladder that extended less…
James E. Webb v. Paramont Coal Company Virginia, LLC
Webb v. Paramont Coal Company Virginia (BRB 24-0138): black lung benefits award affirmed
James Webb sought black lung benefits after 34 years of qualifying coal mine work. An administrative law judge found complicated pneumoconiosis based on chest x-rays and awarded benefits under the irrebuttable presumption. Paramont Coal argued that the judge had merely counted positive readings and…
John Cope v. Peabody Indiana Service
Cope v. Peabody Indiana Service (BRB 24-0109): denial of black lung benefits affirmed
John Cope sought black lung benefits after ten years of underground coal mine work in Indiana. He did not qualify for the 15-year presumption, and the administrative law judge found he had not established pneumoconiosis through x-rays, medical opinions, or treatment records. Cope challenged the…
Peggy Ramey, widow of Bobby Ramey v. Clinchfield Coal Company
Ramey v. Clinchfield Coal Company (BRB 24-0025): survivor benefits denial reversed and award ordered
Peggy Ramey sought survivor benefits after the death of her husband, Bobby Ramey, a coal miner. An administrative law judge found she had invoked the presumption that his death was due to pneumoconiosis but concluded that Clinchfield Coal had rebutted it. The Board found that the employer's doctors…
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.