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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ALJ

Secretary of Labor v. ICG Knott County LLC

Roof-fall citation vacated for lack of prior warning signs

A rock fell between installed roof bolts at ICG Knott County's Kathleen Mine and struck a roof-bolter operator, leading to a lower-leg amputation. MSHA alleged that the operator failed to support or control the roof under 30 C.F.R. § 75.202(a), relying partly on adverse roof conditions cited in…

November 6, 2013 ·William B. Moran ·FMSHRC
Citations vacated
COMM

C.H., claiming as widow of L.H., and Department of the Navy, Naval Shipyard, Long Beach, CA

C.H. (ECAB 13-1467): Death benefit denial remanded for medical clarification

C.H. sought survivor benefits after her husband, a former Navy shipyard employee, died of cardiac disease. He had an accepted back injury from 1981, and his physician said chronic pain from that injury contributed to hypertension and then to his death. An OWCP medical adviser disagreed. The…

November 6, 2013 ·ECAB
Remanded
COMM

L.F. and U.S. Postal Service, Post Office, Clive, IA

L.F. (ECAB 13-1456): Left leg impairment award increased to two percent

L.F., a Postal Service letter carrier, received a schedule award after a work injury ruptured his left quadriceps tendon. OWCP rated the permanent impairment at one percent based on its medical adviser’s application of the sixth edition of the A.M.A. Guides. The Board found that the adviser used…

November 6, 2013 ·ECAB
Modified
COMM

P.A. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

P.A. (ECAB 13-1431): Refusal to reopen travel injury claim affirmed

P.A., a Navy shipyard employee on work travel, sought compensation after a car accident during an evening trip with coworkers to find dinner. OWCP denied the claim because it found the group had been sightseeing outside work hours. The Board reviewed only OWCP’s later refusal to reconsider that…

November 6, 2013 ·ECAB
Affirmed
COMM

J.J. and Department of Labor, Office of the Solicitor, Arlington, VA

J.J. (ECAB 13-1363): Late reconsideration denial affirmed

J.J., a Labor Department clerk, had an accepted lumbar sprain after lifting boxes at work, but OWCP later terminated her benefits. She sought reconsideration of the termination. The Board found that OWCP received her request one day after the applicable deadline. Her statements and medical reports…

November 6, 2013 ·ECAB
Affirmed
COMM

J.T. and Department of the Navy, Naval Supply Center, Oakland, CA

J.T. (ECAB 13-1236): Late hearing loss award reconsideration denied

J.T., a retired Navy mason, received a schedule award for 40 percent binaural hearing loss, covering 80 weeks from July 27, 2010. He sought reconsideration because hearing loss had been detected during his employment in the 1980s. The Board found that OWCP received his request more than one year…

November 6, 2013 ·ECAB
Affirmed
COMM

R.L. and Department of Homeland Security, Transportation Security Administration, Lihue Airport, Lihue, HI

R.L. (ECAB 13-1224): Denial of late hearing request affirmed

R.L., an airport security screener, sought to reopen a claim involving an accepted lumbar sprain. OWCP denied his recurrence claim in September 2010, and he requested a hearing more than two years later. The Board held that the request missed the 30-day hearing deadline. It also found that OWCP…

November 6, 2013 ·ECAB
Affirmed
COMM

R.R. and U.S. Postal Service, Post Office, Brooklyn, NY

R.R. (ECAB 13-903): Right knee injury claim denial affirmed

R.R., a Postal Service electronic technician, reported a right knee injury after a coworker kicked a vacuum cleaner that struck his knee. OWCP accepted that the workplace incident occurred. The Board found that his physicians gave differing accounts of how the knee was injured, including one…

November 6, 2013 ·ECAB
Affirmed
COMM

T.L. and Social Security Administration, SSA Region VII, Kansas City, MO

T.L. (ECAB 13-660): Additional upper body condition claim denied

T.L., a Social Security claims representative, attributed several upper body conditions to repetitive work duties despite accommodations for earlier accepted conditions. OWCP accepted her described work factors but denied the additional claim for lack of medical causation evidence. The Board found…

November 6, 2013 ·ECAB
Affirmed
COMM

J.F. and Department of the Army, Installation Management Command, Warren, MI

J.F. (ECAB 13-112): Increased hearing loss award claim remanded

J.F., a former Army police officer, had an accepted left ear hearing loss claim, but OWCP found in 2009 that the loss was too small for a schedule award. He later submitted more hearing tests. OWCP treated the submission as an untimely request to reconsider its earlier decision. The Board found…

November 6, 2013 ·ECAB
Remanded
COMM

Secretary of Labor v. Harry C. Crooker & Sons, Inc.

Default reopened after answer reached MSHA

Harry C. Crooker & Sons failed to appear in the Commission's record as having answered a show-cause order, so the order became a final default. Crooker asserted that it had timely sent the answer to both the Commission and the Department of Labor. The Secretary did not oppose relief and said MSHA…

November 5, 2013 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Glen Alum Operations, LLC

Timely filings prevented default

Glen Alum Operations asked to reopen a penalty proceeding after an apparent failure to answer led to a show-cause order. The operator produced an answer that the Commission had date-stamped shortly after the Secretary filed the penalty petition and an email sent three days after the show-cause…

November 5, 2013 ·FMSHRC
Procedural
COMM

Secretary of Labor v. NorthAmerican Industrial Services, Inc.

Timely response prevented default

NorthAmerican Industrial Services asked to reopen a penalty proceeding that appeared to have defaulted after it allegedly failed to answer the Secretary's petition. The operator produced its timely answer to MSHA and showed that it had responded by email two days after the Chief Judge issued a…

November 5, 2013 ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Paul D. Bentley, employed by Bledsoe Coal Corporation

Secretary of Labor v. Paul D. Bentley (FMSHRC KENT 2013-307): Individual charges dismissed after fatal rib fall

A miner was fatally crushed by a large rib rock at Bledsoe Coal's mine, and MSHA charged first-shift foreman Paul Bentley individually for knowingly authorizing roof-control and examination violations. After hearing the Secretary's case, Judge William B. Moran found that government witnesses did…

November 5, 2013 ·William B. Moran ·FMSHRC
Citations vacated
COMM

Secretary of Labor v. Pierce Sand

Timely answer prevented default

Pierce Sand sought to reopen a penalty case after a show-cause order was treated as a default. The operator showed that the Commission had timely received its answer, but the filing was mistakenly applied only to a companion docket. The Secretary agreed and did not oppose reopening. The Commission…

November 5, 2013 ·FMSHRC
Procedural
COMM

E.Z. and Department of Veterans Affairs, Veterans Administration Medical Center, Pittsburgh, PA

E.Z. (ECAB 13-1480): Refusal to reopen slip injury claim affirmed

E.Z., a VA nursing assistant, reported groin and back symptoms after slipping on a wet floor at work. OWCP denied her claim for lack of medical evidence connecting a diagnosed condition to that incident. She sought reconsideration with a physician’s report and personal statement that closely…

November 5, 2013 ·ECAB
Affirmed
COMM

I.R. and U.S. Postal Service, Post Office, Brooklyn, NY

I.R. (ECAB 13-1472): Refusal to reopen wrist injury claim affirmed

I.R., a Postal Service clerk, claimed a right wrist injury after lifting a heavy box. OWCP denied the claim because her descriptions of when pain began did not establish the alleged incident as claimed, and the medical evidence did not establish causation. She sought reconsideration with repeated…

November 5, 2013 ·ECAB
Affirmed
COMM

R.A. and Defense Agencies, Fort Riley, KS

R.A. (ECAB 13-1469): Injury claim and late hearing denial affirmed

R.A., an industrial specialist, reported neck and back pain after a motor vehicle accident while working. The Board accepted the factual evidence of the accident but found no physician evidence diagnosing an injury from it; the only clinical note submitted before OWCP decided the claim was from a…

November 5, 2013 ·ECAB
Affirmed
COMM

L.G. and Department of Homeland Security, Transportation Security Administration, Denver, CO

L.G. (ECAB 13-1449): Rotator cuff injury claim denial affirmed

L.G., a TSA officer, reported right shoulder pain while pulling a bag from a conveyor belt at work. OWCP accepted that the incident occurred, and an MRI later showed a rotator cuff tear that required surgery. The Board found that his physician linked the condition generally to repetitive lifting…

November 5, 2013 ·ECAB
Affirmed
COMM

S.K. and Department of Veterans Affairs, Veterans Health Administration, Dallas, TX

S.K. (ECAB 13-1421): Back injury claim denied for lack of medical evidence

S.K., a VA nursing assistant, reported back pain after helping a resident sit up at work. OWCP accepted that the November 2012 incident occurred, but she submitted no medical evidence before it decided the claim. The Board held that the incident alone did not establish a compensable injury and…

November 5, 2013 ·ECAB
Affirmed
COMM

J.M. and Department of Homeland Security, Customs & Border Protection, Pharr, TX

J.M. (ECAB 13-1089): Spine surgery denial affirmed; remand unexplained

J.M., a customs officer, sought authorization for spinal fusion after an accepted low back injury. His surgeon recommended the operation, while an OWCP second-opinion surgeon found it medically unnecessary. The Board found the second opinion better supported by tests and clinical findings; it said…

November 5, 2013 ·ECAB
Affirmed
COMM

J.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Manchester, NH

J.B. (ECAB 13-810): No continuing back-related disability established

J.B., a VA pharmacy technician, had accepted back and sacroiliac conditions after slipping on a wet floor and striking a wall at work in 2006. She also had earlier accepted knee injuries. OWCP ended wage-loss compensation and medical benefits tied to the 2006 conditions. An impartial orthopedic…

November 5, 2013 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, Portland, ME

J.B. (ECAB 13-640): Wage capacity reduction reversed

J.B., a Postal Service carrier with an accepted right shoulder injury, received disability compensation. OWCP reduced his benefits after finding he could work as an outside courier or messenger. The Board found that the selected job required frequent reaching, while his treating physician…

November 5, 2013 ·ECAB
Vacated
COMM

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

C.B. (ECAB 13-1734): Reconsideration denial affirmed

C.B., a Postal Service automation clerk, received a schedule award for one percent impairment of her left wrist. She sought reconsideration, challenging OWCP’s reliance on an examining physician and submitting treatment and physical therapy records. The Board could review only OWCP’s refusal to…

November 4, 2013 ·ECAB
Affirmed
COMM

T.B. and Department of the Air Force, Air Combat Command, Nellis Air Force Base, NV

T.B. (ECAB 13-1506): Workplace noise claim denied

T.B., an Air Force telecommunications specialist, claimed that noise from equipment in an office building worsened his tinnitus and caused persistent headaches. He said he began wearing earplugs after moving to that building. OWCP denied the claim, and the Board found no evidence establishing the…

November 4, 2013 ·ECAB
Affirmed
COMM

R.H. and Department of the Army, U.S. Military Academy, West Point, NY

R.H. (ECAB 13-1454): One percent leg award affirmed

R.H., a retired Army repairer and vehicle operator, injured his right foot and ankle when a portable light set fell on them. OWCP awarded compensation for one percent permanent impairment of his right leg, covering 2.88 weeks. His treating podiatrist proposed higher ratings, but the Board found…

November 4, 2013 ·ECAB
Affirmed
COMM

M.H. and U.S. Postal Service, Post Office, Sioux Falls, SD

M.H. (ECAB 13-1418): Hand impairment claim returned for medical review

M.H., a retired Postal Service maintenance technician, had received schedule awards totaling 12 percent permanent impairment of his right hand. On a prior remand, OWCP asked a referral physician whether loss of finger motion resulted from his work injury and whether carpal tunnel syndrome caused…

November 4, 2013 ·ECAB
Remanded
COMM

H.A. and Department of Labor, Office of the Inspector General, Washington, DC

H.A. (ECAB 13-1265): Respiratory and back injury claim denied

H.A., a Labor Department analyst, reported breathing difficulty after attending a meeting in a department building. She later used a prescribed inhaler at home, became dizzy, and fell, injuring her back. OWCP accepted that she attended the meeting and had acute bronchospasm but denied the claim for…

November 4, 2013 ·ECAB
Affirmed
COMM

L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA

L.J. (ECAB 13-1261): Wage capacity question returned to OWCP

L.J., a Veterans Affairs nurse with an accepted back and neck injury, had a compensation rate based on her earnings in modified work. After she stopped working, she filed a recurrence claim seeking disability compensation. OWCP denied that claim because it found insufficient evidence that her…

November 4, 2013 ·ECAB
Remanded
COMM

D.S. and Department of Homeland Security, Customs and Border Protection, Laredo, TX

D.S. (ECAB 13-1259): Injury denial affirmed with incident finding changed

D.S., a border patrol agent, reported breathing difficulty and throat swelling after walking through heavy brush at work. OWCP denied the claim, finding that the incident itself had not been established. The Board disagreed with that finding because his account matched his prompt medical visit and…

November 4, 2013 ·ECAB
Modified
COMM

T.P. and Department of the Navy, Naval Air Station Oceana, Virginia Beach, VA

T.P. (ECAB 13-392): Emotional condition claim returned for fact finding

T.P., a Navy lead firefighter, said a supervisor struck his chin with a flashlight during a workplace dispute and that he developed an emotional condition. OWCP denied the claim, finding the incident had not been established. The Board found that OWCP had overlooked a coworker’s witness statement…

November 4, 2013 ·ECAB
Remanded
COMM

P.E. and Department of the Air Force, Air Force Materiel Command, Robins Air Force Base, GA

P.E. (ECAB 13-177): Health premium overpayment affirmed

P.E., a former Air Force aircraft mechanic, received a lump sum schedule award while enrolled in federal health insurance. OWCP failed to deduct $6,289.56 in employee premiums from his compensation and later found an overpayment of that amount. Although it found he was not at fault, OWCP denied his…

November 4, 2013 ·ECAB
Affirmed
COMM

P.D. and Department of Homeland Security, Customs and Border Protection, Houston, TX

P.D. (ECAB 13-1448): Whiplash claim denied for lack of medical evidence

P.D., a customs and border protection officer, said he suffered whiplash after being struck in the head by a padded hand-held pad during work. OWCP accepted that the reported incident occurred but denied the claim because he had submitted no medical evidence before its decision. The Board agreed…

November 1, 2013 ·ECAB
Affirmed
COMM

A.R. and Department of Agriculture, Forest Service, Winchester, KY

A.R. (ECAB 13-1386): Back injury claim denied despite accepted incident

A.R., a temporary Forest Service warehouse worker, said he developed back pain while unloading a table from a van. OWCP denied his injury claim, questioning his account and finding insufficient medical evidence. The Board found his description of the lifting incident consistent with the record and…

November 1, 2013 ·ECAB
Affirmed
COMM

K.E. and U.S. Postal Service, Post Office, Port Jefferson Station, NY

K.E. (ECAB 13-1338): Reconsideration denial affirmed

K.E., a Postal Service employee, had previously been denied compensation for a claimed work-related emotional condition. She asked OWCP to reconsider, arguing that her employer had required work outside a modified assignment and referring to statements from two supervisors. OWCP declined to reopen…

November 1, 2013 ·ECAB
Affirmed
COMM

C.M. and U.S. Postal Service, Post Office, Richlands, VA

C.M. (ECAB 13-1337): Overpayment dispute returned for merit review

C.M., a Postal Service distribution clerk, disputed OWCP’s finding that compensation had been overpaid after a return to work. OWCP had found a $226,151.26 overpayment and fault, then refused to reopen the matter. The Board found that C.M. raised a new argument about a requested prerecoupment…

November 1, 2013 ·ECAB
Remanded
COMM

W.F. and U.S. Postal Service, Post Office, Bellmawr, NJ

W.F. (ECAB 13-1247): Neck and shoulder injury claim denied

W.F., a Postal Service letter carrier, experienced neck, left shoulder, and left arm pain while delivering mail. OWCP accepted that the incident occurred but denied his claim for lack of medical proof that it caused an injury. His physicians diagnosed cervical and shoulder conditions, and one…

November 1, 2013 ·ECAB
Affirmed
COMM

J.C. and U.S. Postal Service, Post Office, Lauderhill, FL

J.C. (ECAB 13-1200): Knee injury benefits termination affirmed

J.C., a Postal Service letter carrier, received benefits for an accepted left knee injury. OWCP ended his wage-loss and medical benefits after a referral orthopedist concluded that the accepted conditions had resolved and that he could return to full work. His treating orthopedist disagreed and…

November 1, 2013 ·ECAB
Affirmed
COMM

M.F. and U.S. Postal Service, Post Office, Carol Stream, IL

M.F. (ECAB 13-1159): Back injury benefits termination affirmed

M.F., a Postal Service rural carrier associate, received benefits for an accepted lumbar sprain after lifting parcels. OWCP ended those benefits after an impartial orthopedist concluded that the work-related sprain and temporary aggravation of a preexisting lumbar condition had resolved. Her…

November 1, 2013 ·ECAB
Affirmed
COMM

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

C.W. (ECAB 13-998): Nine percent leg rating affirmed

C.W., a Postal Service employee, sought a larger schedule award for his left leg after several earlier appeals about the impairment calculation. OWCP obtained a new orthopedic evaluation and medical adviser review. Both physicians rated the left leg at nine percent permanent impairment using the…

November 1, 2013 ·ECAB
Affirmed
COMM

C.T. and U.S. Postal Service, Post Office, Reading, PA

C.T. (ECAB 13-449): Ankle impairment rating returned for referee examination

C.T., a Postal Service vehicle operator, fractured her right ankle in a fall at work. OWCP awarded compensation for five percent permanent impairment of her right leg based on a referral physician’s rating. Her treating orthopedist rated the impairment at 12 percent, citing different findings about…

November 1, 2013 ·ECAB
Remanded
COMM

Titanium Metals Corporation

In re Titanium Metals Corporation (EAB TSCA Appeal No. 13-02C): Civil enforcement matter resolved after penalty payment

EPA alleged that Titanium Metals Corporation violated section 8(a) of the Toxic Substances Control Act in a complaint filed by EPA's Office of Civil Enforcement. The complaint proposed a $23,018 civil penalty. Titanium Metals paid the full proposed amount under the quick-resolution procedure in 40…

October 31, 2013 ·EPA EAB
Settled
COMM

G.B. and Department of the Army, U.S. Army Troop Support Agency, Fort Sill, OK

G.B. (ECAB 13-1557): Late reconsideration request denied

G.B., a former Army stock clerk, sought reconsideration of earlier rulings about injuries accepted in 1975 and 1978 and a claimed later recurrence of disability. The request came about two years after the most recent merit decision. OWCP denied it as late and found that two older medical reports…

October 29, 2013 ·ECAB
Affirmed
COMM

G.G. and Department of the Air Force, Fairchild Air Force Base, WA

G.G. (ECAB 13-1368): Hearing loss award denied despite accepted claim

G.G., an Air Force heavy equipment mechanic, developed hearing loss after workplace noise exposure. OWCP accepted the hearing loss claim and authorized an evaluation for a left hearing aid, but denied a cash schedule award. The Board found that the certified audiogram produced zero percent ratable…

October 29, 2013 ·ECAB
Affirmed
COMM

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

V.H. (ECAB 13-1357): Reconsideration of physician transfer denied

V.H., a Postal Service mail handler with accepted foot and ankle conditions, asked OWCP to authorize treatment outside her existing medical group after her physician retired. OWCP denied the transfer and told her to find another physician within the group. She sought reconsideration, but OWCP…

October 29, 2013 ·ECAB
Affirmed
COMM

E.T. and Department of the Air Force, McConnell Air Force Base, KS

E.T. (ECAB 13-1299): Late wage capacity reconsideration denied

E.T., a former Air Force employee with an accepted back injury, disputed older decisions reducing compensation based on a telephone solicitor job. He asked OWCP in 2013 to reconsider periods of disability from the 1970s and 1980s. OWCP denied the request as late and found no clear error. The Board…

October 29, 2013 ·ECAB
Affirmed
COMM

M.R. and Department of Justice, Federal Bureau of Investigation, Albuquerque Headquarters, Albuquerque, NM

M.R. (ECAB 13-1235): Crash injury claim and reconsideration denied

M.R., an FBI special agent, was in a vehicle collision while on duty and reported neck and back pain. OWCP accepted that the collision occurred but denied his injury claim. The Board found that the emergency physician’s report diagnosed only an unspecified muscle strain and did not explain how the…

October 29, 2013 ·ECAB
Affirmed
COMM

R.A. and Department of the Air Force, Air Force Medical Center Product Centers-Systems, Randolph Air Force Base, TX

R.A. (ECAB 13-1121): Life insurance overpayment affirmed

R.A., a former Air Force equipment operator receiving disability compensation, had too little deducted for federal life insurance premiums. OWCP found a $5,094.80 overpayment and determined that he was not at fault. The Board upheld the amount after accounting for both missing premiums and excess…

October 29, 2013 ·ECAB
Affirmed
COMM

A.S. and U.S. Postal Service, Post Office, Capitol Heights, MD

A.S. (ECAB 13-1102): Duplicate award overpayment reversed

A.S., a Postal Service maintenance supervisor, received separate schedule awards following right elbow and right shoulder injuries. OWCP later treated part of the shoulder award as a duplicate of the earlier elbow award and assessed an $18,350.40 overpayment. The Board found that OWCP had compared…

October 29, 2013 ·ECAB
Vacated
COMM

L.E. and U.S. Postal Service, Post Office, Boston, MA

L.E. (ECAB 13-749): Ankle claim returned for merit review

L.E., a Postal Service letter carrier, reported that her left ankle gave way while moving mail at work. OWCP accepted the incident but denied the injury claim for lack of medical causation, then refused to reopen it. The Board found that new reports from her treating orthopedist added details about…

October 29, 2013 ·ECAB
Remanded
COMM

J.G. and Department of Veterans Affairs, Veterans Health Administration, Philadelphia, PA

J.G. (ECAB 13-737): Additional disability compensation denied

J.G., a Veterans Affairs carpenter, received compensation after falling down stairs at work and sustaining several accepted sprains and contusions. He sought additional wage-loss compensation for July through November 2011. An impartial orthopedist concluded that the accepted injuries had resolved…

October 29, 2013 ·ECAB
Affirmed
COMM

Alyeska Pipeline Service Company

In re Alyeska Pipeline Service Company (EAB NPDES Appeal No. 12-04): Appeal dismissed after permit modification

Alyeska Pipeline Service Company appealed monitoring provisions in the NPDES permit for its Valdez Marine Terminal. Alyeska and EPA Region 10 reached a settlement in principle under which the Region agreed to modify the permit's whole effluent toxicity monitoring provisions after public notice and…

October 28, 2013 ·EPA EAB
Settled
COMM

S.E. and U.S. Postal Service, Priority Mail Annex, Kent, WA

S.E. (ECAB 13-1746): Shoulder claim reconsideration denied

S.E., a Postal Service mail handler, claimed that handling sacks, boxes, and trays at work caused a right rotator cuff tear. OWCP denied the claim for lack of medical evidence linking the condition to those work activities. He requested reconsideration but submitted no additional medical evidence…

October 28, 2013 ·ECAB
Affirmed
COMM

T.F. and U.S. Postal Service, Post Office, St. Petersburg, FL

T.F. (ECAB 13-1599): Emotional condition reconsideration denied

T.F., a Postal Service electronic technician, claimed an emotional condition related to workplace conduct. In an earlier appeal, the Board had accepted that a coworker patted his back and directed OWCP to review whether that contact caused or aggravated the condition. OWCP denied the claim, and…

October 28, 2013 ·ECAB
Affirmed
COMM

M.E. and Department of the Army, Space Naval War System Command Center, North Charleston, SC

M.E. (ECAB 13-1370): Respiratory claim and reconsideration denied

M.E., an electronics technician deployed to Afghanistan, reported postnasal drip and respiratory irritation after exposure to burn pits, dust, and exhaust. OWCP accepted the reported exposure but denied the occupational disease claim. The Board found that a physician’s report repeated M.E.’s…

October 28, 2013 ·ECAB
Affirmed
COMM

P.L. and U.S. Postal Service, Post Office, Portland, OR

P.L. (ECAB 13-1340): Shoulder award claim returned for clarification

P.L., a retired Postal Service letter carrier, had an accepted right shoulder injury and sought a schedule award. An impartial orthopedist rated 18 percent right arm impairment but said P.L. had not reached maximum medical improvement because surgery might help. The Board held that a claimant need…

October 28, 2013 ·ECAB
Remanded
COMM

J.R. and U.S. Postal Service, Processing and Distribution Center, Los Angeles, CA

J.R. (ECAB 13-1090): Continuing benefits after strain termination denied

J.R., a Postal Service clerk, received benefits for neck, back, and right shoulder strains after tripping at work in 2007. OWCP ended the benefits in 2011 after a referral orthopedist found that the accepted strains had resolved. J.R. sought continuing benefits based on her treating physician’s…

October 28, 2013 ·ECAB
Affirmed
COMM

W.C. and U.S. Postal Service, Post Office, Bellmawr, NJ

W.C. (ECAB 13-368): Schedule award sent back for a new impartial examination

W.C., a Postal Service letter carrier, had an accepted work-related aggravation of a condition affecting both feet. OWCP awarded benefits for one percent permanent impairment of his right leg and none for his left leg, relying on an impartial orthopedic examiner. The record showed that two…

October 28, 2013 ·ECAB
Remanded
ALJ

Stevers Roof Side Remodel, LTD

Repeat fall-protection citation affirmed

Stevers Roof Side Remodel used temporary workers to reroof a two-story Ohio home with a steep roof and an 11-foot eave height. OSHA observed three workers on the roof without attaching the available personal fall arrest systems. The company argued that the workers were on break, but the judge held…

October 28, 2013 ·Ken S. Welsch ·OSHRC
Citations affirmed
ALJ

Cargill, Inc.

Grain-bin and rescue-service citations vacated

Cargill operated a large grain elevator complex in Topeka, Kansas, where trained crews manually removed stable residual grain left in flat-bottom bins after gravity unloading ended. The judge found that employees were not “on moving grain” because the residual pile had no draw-off point beneath it…

October 28, 2013 ·Brian A. Duncan ·OSHRC
Citations vacated

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.