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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E.L. and Department of Veterans Affairs, Seattle Regional Office, Auburn, WA
E.L. (ECAB 13-1233): Late emotional condition reconsideration denied
E.L. sought reconsideration of an emotional condition claim based on alleged workplace stress. OWCP received her request more than a year after its merits denial. She supplied descriptions of events, evidence of an employment discrimination complaint, and medical treatment records. The Board found…
P.M. and U.S. Postal Service, Prooter Station, Tacoma, WA
P.M. (ECAB 13-1182): Emotional condition claim lacked supported work factors
P.M., a Postal Service letter carrier, attributed an emotional condition to a heavy workload, supervisor actions, leave disputes, and a withdrawn promotion. The Board found that he did not sufficiently describe or corroborate the alleged workload and supervisory events. It found no established…
R.B. and U.S. Postal Service, Post Office, Savannah, GA
R.B. (ECAB 13-1152): Late hand impairment reconsideration denied
R.B. challenged an earlier schedule award decision concerning hand impairment. The reconsideration request came more than a year after the last merits decision. The Board found that a proposed rating method was not the one used for FECA awards and that the added medical reports did not address the…
P.B. and Department of the Treasury, Bureau of Engraving & Printing, Fort Worth, TX
P.B. (ECAB 13-879): Medical benefits ended after temporary back aggravation resolved
P.B., a Bureau of Engraving and Printing employee, received medical benefits for a temporary work-related aggravation of lumbar disc disease. OWCP ended them after an impartial examiner found that the work-related aggravation had resolved and that remaining symptoms were more likely due to a…
R.W. and Department of Agriculture, Animal Plant Health Inspection Service, Raleigh, NC
R.W. (ECAB 13-399): Overtime established as work factor in emotional condition claim
R.W., a Department of Agriculture budget analyst, attributed several physical and emotional conditions to workplace stress. The Board found no corroborated supervisory abuse, staffing shortage, or unexpected workload of the kind he alleged. A supervisor did confirm that he worked overtime in…
Quinlan Enterprises
Fall and ladder items remanded for employment and knowledge findings
Two workers associated with Quinlan Enterprises installed embedded angles at a Georgia school project without tying off and used a closed, unsecured stepladder for access. The judge affirmed serious fall-protection and ladder items but addressed only in a footnote Quinlan's claim that the workers…
CentiMark Corporation
Roof structural-integrity citation affirmed after fatal fall
CentiMark employees replaced a damaged concrete roof panel at a steel facility with a roof more than 60 feet above the factory floor. After the panel was removed, adjacent panels showed missing and crumbling concrete and exposed reinforcing steel, but CentiMark did not conduct a closer inspection…
I.F. and Department of the Interior, U.S. Fish & Wildlife Service, Elizabeth, NJ
I.F. (ECAB 12-192): Parking lot injury covered after shortened workday
I.F., a Fish and Wildlife Service employee, injured her neck and back while loading work materials into her car in the employer’s parking lot. The office had unexpectedly closed early, and the incident occurred about 45 minutes after she was dismissed. The Board found that the time was reasonable…
Piedmont Mechanical, Inc.
Trenching and crane case remanded to reconsider employer knowledge
Piedmont Mechanical is a mechanical contractor with about 75 employees that was installing pipe in a trench using a crane. OSHA issued a serious citation and a willful citation covering trench protection, crane setup and inspection, and crane clearance from an overhead power line, with a total…
Jim Boyd Construction, Inc.
Excavation case remanded under ComTran knowledge rule
Jim Boyd Construction installed trench shields for a Georgia natural-gas project where another contractor's employees worked in the excavation. An administrative law judge vacated two shield items, affirmed a lateral-movement item as serious, and reduced a cave-in protection item from willful to…
ComTran Group, Inc.
Trench case remanded after supervisor-knowledge ruling
ComTran's project manager entered a 6-foot-deep excavation without cave-in protection after placing a 5-foot spoil pile at its edge. An administrative law judge affirmed serious excavation and spoil-pile violations by imputing the project manager's knowledge of his own conduct to the company. The…
E.T. and U.S. Postal Service, Post Office, St. Louis, MO
E.T. (ECAB 13-1691): New impairment report required schedule award decision
E.T., a Postal Service employee, submitted a new medical report rating impairment in both arms from an accepted carpal tunnel condition. OWCP treated the submission as a late reconsideration request and required clear evidence of error. The Board held that new medical evidence of permanent…
A.A. and Social Security Administration, Field Office, Minneapolis, MN
A.A. (ECAB 13-1425): Back and neck claim lacked qualifying medical opinion
A.A., a Social Security Administration employee, reported a back and neck injury from an accepted workplace incident. The Board found that the medical reports diagnosing a cervical strain and lumbar contusion were signed by a nurse practitioner without a physician’s countersignature. FECA did not…
P.F. and Department of Veterans Affairs, Southern Arizona Medical Center, Tucson, AZ
P.F. (ECAB 13-1336): Work-related back disease claim lacked medical rationale
P.F., a Veterans Affairs nursing assistant, attributed back conditions to years of lifting, bending, and repositioning patients. One physician described a possible connection to his work but did not explain medically how the specific duties caused or permanently aggravated the conditions. Another…
J.N. and U.S. Postal Service, Post Office, New York, NY
J.N. (ECAB 13-1027): Duplicate-benefit overpayment returned for calculation and fault findings
J.N., a Postal Service employee, received total disability compensation under two injury claims for overlapping periods. The Board held that duplicate payment created an overpayment. OWCP, however, had described its basis incorrectly and had not clearly calculated the amount charged. It also had…
W.G. and Department of Defense, U.S. Army Corps of Engineers, Felicity, OH
W.G. (ECAB 13-990): Shoulder disability recurrence not established
W.G., a Corps of Engineers employee, had an accepted shoulder strain and worked in a modified assignment. He claimed a recurrence of disability beginning in May 2012. The Board found no evidence that the employer withdrew or changed the modified job beyond his restrictions. His physician placed him…
J.B. and U.S. Postal Service, Portland Performance Cluster, Portland, OR
J.B. (ECAB 13-962): Medical benefits termination affirmed
J.B., a postal employee, had accepted right knee and hand contusions from a 2005 fall. OWCP ended medical benefits after finding that the accepted conditions no longer required treatment. The Board found that the medical evidence supported the termination, including a second opinion that the knee…
D.A. and U.S. Postal Service, Post Office, Phoenix, AZ
D.A. (ECAB 13-634): Intermittent wage loss claim denied
D.A., a postal custodian, had an accepted right shoulder injury and later sought compensation for intermittent missed work between August 2009 and April 2011. The Board found that her medical submissions did not explain why the accepted injury prevented her from working on the particular dates…
S.C. and Social Security Administration, Field Office, Opelousas, LA
S.C. (ECAB 13-456): Untimely reconsideration request denied
S.C., a Social Security Administration employee, sought reconsideration of a wage-earning capacity decision after the filing deadline. OWCP denied the request because it was late and did not show clear evidence of error. The Board found that her letter repeated earlier arguments and the submitted…
A.M. and U.S. Postal Service, Post Office, Inglewood, CA
A.M. (ECAB 13-222): Hearing denial and compensation forfeiture affirmed
A.M., a postal worker with an accepted knee condition, sought a hearing about an overpayment and contested a finding that he forfeited compensation. The Board found his prerecoupment hearing request untimely. It also found that he knowingly failed to report earnings from work as a caregiver on two…
The Dodge Company, Inc.
In re The Dodge Company, Inc. (EAB MM Appeal No. 13-01C): Consent Agreement ratified
The Dodge Company, Inc. was the respondent in a Clean Air Act and EPCRA enforcement proceeding. EPA brought the matter under the Clean Air Act section 113(d) and EPCRA section 325(c). The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c) and ordered…
Ted S. Delgado v. Air Serv International, Incorporated
Delgado v. Air Serv International (BRB 12-0283): overseas worker's coverage dismissal vacated
Ted Delgado worked as an airplane mechanic in Chad and claimed injuries to his hip, lower back, and legs. An administrative law judge dismissed his claim, reasoning that his employer's federal grant and cooperative agreement were not contracts under the Defense Base Act. The Board held that the…
M.O. and U.S. Postal Service, Post Office, Sutter Creek, CA
M.O. (ECAB 13-1840): Overpayment decision sent back for review of evidence
M.O. appealed an OWCP decision finding a $148,642.64 overpayment and fault. The Board found that M.O. had submitted 36 pages of evidence and argument on the day OWCP issued its final decision. The decision did not show that OWCP considered those submissions. The Board set aside the decision and…
L.W. and Department of the Navy, Military Sealift Command-Pacific, Norfolk, VA
L.W. (ECAB 13-1238): Asbestosis claim denial affirmed
L.W., a retired Navy able seaman, claimed that federal employment caused asbestosis. The Board found that the medical record did not establish that he had asbestosis. His other diagnosed pulmonary conditions were not medically linked to federal work in this record. It affirmed OWCP’s denial of the…
M.R. and Department of the Navy, Naval Facilities Engineer Command, Philadelphia, PA
M.R. (ECAB 13-1216): Seven percent arm impairment award affirmed
M.R., a Navy electrician, injured his left arm while raising a ladder, and OWCP accepted a biceps rupture. He sought a schedule award for more than seven percent permanent impairment of the left arm. The Board found that the medical findings and impairment calculations supported the seven percent…
S.C. and Department of Commerce, Census Bureau, Hyattsville, MD
S.C. (ECAB 13-1214): Termination of medical benefits affirmed
S.C., a Census Bureau employee, had accepted left knee and right thigh injuries from a fall on ice. OWCP terminated medical benefits after finding the accepted conditions had resolved. The Board found that the medical opinion on which OWCP relied was supported by examination and that the attending…
W.M. and U.S. Postal Service, Post Office, Oakland, CA
W.M. (ECAB 13-1190): Shoulder injury claim denial affirmed
W.M., a postal clerk, attributed shoulder conditions to repeated mail processing duties. The Board found that the medical evidence did not explain how those work duties caused or aggravated the claimed conditions. OWCP had told him what evidence was needed, but the required medical link was still…
T.B. and U.S. Postal Service, Post Office, Charleston, WV
T.B. (ECAB 13-1064): Emotional condition claim sent back for development
T.B., a postmaster, claimed that events at work caused stress and depression. The Board found compensable work factors and medical reports generally supportive of a connection, although the reports did not yet provide enough medical reasoning to decide the claim. It directed OWCP to update the…
P.H. and U.S. Postal Service, Post Office, Detroit, MI
P.H. (ECAB 13-1023): Termination of foot injury benefits affirmed
P.H., a postal employee, had accepted left foot conditions and received compensation. OWCP ended wage-loss and medical benefits after finding that the accepted conditions had resolved. The Board gave controlling weight to the impartial medical examiner, who found no remaining effects of the…
G.L. and U.S. Postal Service, Post Office, Hartford, CT
G.L. (ECAB 12-1795): Schedule award start date affirmed
G.L., a postal worker, challenged the date OWCP used for maximum medical improvement in a schedule award for her legs. She sought an earlier date that would change the award period. The Board found that the medical evidence showed her condition continued to deteriorate through October 22, 2010. It…
J.B. and U.S. Postal Service, Post Office, Piedmont Cutoff, AL
J.B. (ECAB 13-1287): Knee injury claim denial affirmed
J.B., a postal carrier, claimed that work duties caused a right knee injury. The Board found that his accounts of when and how the injury occurred were inconsistent and that the record did not establish the claimed work factors. Because the factual basis for the claim was missing, the Board did not…
S.J. and Department of Agriculture, Forest Service, Albuquerque, NM
S.J. (ECAB 13-1241): Knee replacement authorization denial affirmed
S.J., a retired Forest Service worker, sought authorization for left knee replacement surgery. His accepted left knee injury dated to 1966. The Board found that the surgeon did not adequately explain how that accepted injury caused the conditions requiring the proposed surgery. It affirmed OWCP’s…
W.J. and Department of the Navy, Marine Corps Logistics Base, Barstow, CA
W.J. (ECAB 13-1171): Emotional condition reconsideration denial affirmed
W.J., a Navy employee, asked OWCP to reconsider its denial of an emotional condition claim. The Board found that her new chart did not address the factual and legal defects identified in the earlier decision. She also presented no relevant new legal argument or showing of legal error. The Board…
L.B. and U.S. Postal Service, Post Office, Denver, CO
L.B. (ECAB 13-1096): Compensation forfeiture and overpayment affirmed
L.B., a postal letter carrier, received compensation for an accepted back injury. OWCP found that he had failed to report earnings or work activity during a period covered by required disclosure forms. The Board found that he forfeited compensation from March 14, 2006 through October 24, 2008 and…
L.E. and U.S. Postal Service, Post Office, Los Angeles, CA
L.E. (ECAB 13-1081): Occupational disease claim sent back for medical review
L.E., a postal letter carrier, claimed that her duties worsened back and knee conditions. Her doctor’s reports did not yet prove the claim, but the Board found that they raised an uncontested inference of a work connection. The Board directed OWCP to obtain a further medical evaluation and issue a…
L.W. and Department of Homeland Security, Transportation Security Administration, Dallas, TX
L.W. (ECAB 13-1029): Termination of medical benefits reversed
L.W., a transportation security officer, had accepted ankle and back injuries. OWCP terminated medical benefits after relying on a doctor selected as an impartial examiner. The Board found that OWCP did not adequately document why it bypassed another doctor in its rotation, so the selected opinion…
J.C. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.C. (ECAB 13-726): Compensation forfeiture and overpayment affirmed
J.C., a postal employee, received compensation while also working for another business. The Board found that he knowingly omitted earnings on a required disclosure form for May 11, 2010 through April 11, 2011. It affirmed the resulting $37,906.53 overpayment and fault finding. The Board said it…
R.H. and U.S. Postal Service, Post Office, Hartford, CT
R.H. (ECAB 13-303): Schedule award date sent back for medical review
R.H., a postal employee, challenged the maximum medical improvement date used to start a left leg schedule award. The Board found that the medical reports did not adequately support the earlier dates proposed for his hip and ankle. It directed OWCP to develop the medical evidence on the proper…
Absolute Roofing & Construction, Inc.
Four scaffold and fall-protection items affirmed
Absolute Roofing's worker repaired a steep church roof without fall protection above a scaffold that lacked base plates and guardrails. The judge treated Absolute Roofing and Absolute Exteriors as a single employer because they shared ownership, management, an office, employees, work, and their…
Ronald Czikowsky v. Ocean Performance, Incorporated
Czikowsky v. Ocean Performance (BRB 13-0108): boat mechanic's hearing loss claim returned for coverage review
Ronald Czikowsky repaired boats for Ocean Performance and claimed hearing loss from workplace noise. An administrative law judge denied Longshore Act benefits under the recreational vessel exclusion as amended in 2009. The Board held that exposure to harmful noise, rather than the date of the…
M.B. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Williamsburg, VA
M.B. (ECAB 13-1294): Emotional condition claim denial affirmed
M.B., a federal prison employee, claimed that work conditions caused an emotional disorder. The Board found that she did not identify and support the alleged work events with enough detail to establish a compensable factor. The record also did not show error or abuse in the personnel actions she…
J.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Memphis, TN
J.M. (ECAB 13-1267): Cleaning chemical illness claim denial affirmed
J.M., a VA housekeeping aide, claimed that workplace cleaning products caused an allergic condition. The Board accepted that he encountered cleaning products at work but found that his medical records did not identify a specific exposure or adequately explain how it caused his diagnosed conditions…
S.G. and U.S. Postal Service, Post Office, Rockingham, NC
S.G. (ECAB 13-1263): Foot fracture claim denial affirmed
S.G., a postal employee, claimed that she fractured her left foot while delivering mail. The Board found that the fracture was documented, but the medical opinions did not establish that the February 23, 2012 work events caused it. One physician described a work cause only as possible, and another…
J.W. and U.S. Postal Service, Post Office, Carol Stream, IL
J.W. (ECAB 13-1212): Arm impairment award denied
J.W., a postal letter carrier, had accepted left shoulder conditions and sought a schedule award for permanent arm impairment. The Board found no qualifying physician opinion establishing the degree of permanent impairment under the required guides. The submitted chiropractor and physical therapist…
J.J. and Department of Veterans Affairs, Veterans Health Administration, Dallas, TX
J.J. (ECAB 13-1067): Compensation suspension affirmed
J.J., a VA nurse receiving compensation, did not return a requested work and earnings disclosure form within the required time. The Board found that OWCP sent the form and warned her that benefits would be suspended if she did not respond. It affirmed the suspension. A form OWCP received after its…
J.L. and U.S. Postal Service, Post Office, Lewes, DE
J.L. (ECAB 13-1060): Timely reconsideration request sent back
J.L., a postal letter carrier, requested reconsideration of a January 26, 2012 decision. OWCP treated the request as late. The Board found that the deadline fell on a Saturday and extended to Monday, January 28, 2013, when OWCP received her request. It sent the case back for OWCP to apply the…
S.K. and U.S. Postal Service, Elkins Post Office, Elkins Park, PA
S.K. (ECAB 13-930): Neck and arm injury claim denial affirmed
S.K., a postal employee, claimed neck, right shoulder, and arm conditions from an accepted work incident. The Board found that her physician did not adequately explain how that incident caused or aggravated the diagnosed conditions. The medical opinion also left some diagnoses uncertain. The Board…
B.F. and U.S. Postal Service, Post Office, Lancaster, PA
B.F. (ECAB 13-785): Arm impairment and overpayment decision affirmed
B.F., a postal employee, sought a larger schedule award for left arm impairment. The Board found that the current medical rating supported 16 percent impairment, below the prior 21 percent award. It upheld OWCP’s rescission of an additional one percent award. It also affirmed a resulting $1,230.96…
C.A. and U.S. Postal Service, General Mail Facility, Miami, FL
C.A. (ECAB 12-1772): Termination of injury benefits affirmed
C.A., a postal employee, received benefits for an accepted abdominal strain. OWCP ended wage-loss and medical benefits after a second opinion physician found that the work injury had resolved. The Board found that the physician had reviewed the history, examination, and imaging and gave a reasoned…
A.G. and U.S. Postal Service, Post Office, Collinsville, IL
A.G. (ECAB 13-1398): Lower limb injury claim denied
A.G., a postal carrier, claimed that extensive walking at work aggravated conditions in his knees, feet, and ankles. The Board found that the medical evidence did not establish that work duties caused or aggravated the claimed conditions. It affirmed OWCP’s denial of the claim.
R.F. and U.S. Postal Service, Post Office, Albany, NY
R.F. (ECAB 13-1345): Wage capacity reduction affirmed
R.F., a postal employee, challenged a reduction in wage-loss benefits based on a gate guard job. The Board found that the job’s physical demands fit her medical restrictions and that it was reasonably available in her commuting area. It also found that OWCP considered her qualifications and used…
C.R. and Department of the Navy, Norfolk Naval Air Station, Norfolk, VA
C.R. (ECAB 13-1317): Skin condition wage loss claim denied
C.R., a Navy utility worker, sought compensation for missed work after an accepted skin injury. The Board found that the medical submissions did not establish disability during the claimed period. Reports from physician assistants were not qualifying medical opinions, and a physician’s report did…
R.S. and U.S. Postal Service, Post Office, Auburn, ME
R.S. (ECAB 13-1072): Hernia claim denial affirmed on revised grounds
R.S., a postal employee, claimed that lifting mail at work caused an umbilical hernia. The Board found that the April 29, 2010 lifting incident occurred, changing OWCP’s contrary factual finding. His medical records did not explain how the incident caused the hernia. The Board therefore affirmed…
C.F. and Department of State, Bureau of Diplomatic Security, Washington, DC
C.F. (ECAB 13-1070): Back injury claim denial affirmed
C.F., a State Department employee, claimed a back condition from a November 2, 2010 work incident. The Board found that the physician’s reports did not provide a reasoned opinion linking the diagnosed condition to that incident. Records from a nurse practitioner could not establish medical…
B.L. and U.S. Postal Service, Post Office, Houston, TX
B.L. (ECAB 13-1068): Additional leg impairment claim sent back
B.L., a postal employee, submitted a new medical report seeking additional schedule award compensation for leg impairment. OWCP treated the submission as an untimely reconsideration request. The Board found that the report raised a new claim for increased impairment based on evidence after the…
E.M. and Department of Homeland Security, Customs and Border Protection, Brownsville, TX
E.M. (ECAB 13-1066): Hearing impairment award affirmed
E.M., a Customs and Border Protection employee, sought a larger schedule award for hearing loss in both ears. The Board reviewed the medical evidence and found that it did not establish more than 26 percent binaural impairment. It affirmed OWCP’s award.
G.M. and U.S. Postal Service, Post Office, Oakland, CA
G.M. (ECAB 13-956): Wage capacity reduction affirmed
G.M., a postal employee, challenged a reduction in wage-loss benefits based on a constructed customer complaint clerk position. The Board found that OWCP met its burden to show that the position represented his wage-earning capacity. It affirmed the reduction.
M.D. and Department of the Navy, Military Sealift Command, Military Ocean Terminal, Bayonne, NJ
M.D. (ECAB 13-503): Arm impairment award sent back for review
M.D., a Navy employee, sought a schedule award for more than 13 percent left arm impairment. The Board found that the medical experts had not adequately addressed whether a preexisting left elbow condition should be included in the impairment calculation. It directed OWCP to obtain a supplemental…
A.V. and Department of Transportation, Transportation Security Administration, Newark, NJ
A.V. (ECAB 13-1612): Retirement offset overpayment affirmed
A.V. received compensation that was not properly reduced by a federal retirement offset. The Board found a $5,030.19 overpayment for the period identified by OWCP. It also affirmed OWCP’s finding that he was at fault and its recovery rate of $1,260 from continuing compensation. The Board affirmed…
R.H. and U.S. Postal Service, Country Lakes Post Office, Miami, FL
R.H. (ECAB 13-1286): Claimed period of disability denied
R.H., a postal distribution clerk, had an accepted neck sprain from a fall. He claimed total disability for a later period in May and June 2012. The Board found that the evidence did not establish that the accepted injury prevented him from working throughout that period. It affirmed the 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.