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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COMM

J.G. and Department of the Army, Fort Carson, CO

J.G. (ECAB 12-1588): Wage capacity reduction set aside; partial disability remanded

J.G., a former Army equipment operator with accepted work injuries, worked for a time as a private shuttle driver after leaving federal employment. OWCP later used that job to reduce his benefits retroactively and denied further wage-loss compensation. The Board held that OWCP had not met its…

August 20, 2013 ·ECAB
Remanded
COMM

J.G. and Department of the Interior, National Park Service, San Francisco, CA

J.G. (ECAB 12-0075): Denial of reconsideration upheld after missing medical report

J.G., a National Park Service ranger, had sought compensation for a claimed work-related emotional condition. After OWCP denied the claim on its merits, his lawyer requested reconsideration and said a medical report supporting causation was attached. OWCP did not receive that report with the…

August 20, 2013 ·ECAB
Affirmed
COMM

Matter of Patricia PINZON, Respondent

Matter of Patricia PINZON (BIA ID 3791): a false citizenship claim is not an admission

The Board reviewed a Venezuelan respondent's appeal and the Department of Homeland Security's cross-appeal from an order of removal. The respondent had entered the United States using a passport obtained with a false birth certificate, later was convicted of making fraudulent statements to obtain a…

August 19, 2013 ·BIA
Mixed result
COMM

W.R. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

W.R. (ECAB 13-1123): Back injury claim denial upheld after accepted work incident

W.R., an Air Force aircraft overhaul worker, reported back pain after bending to pick up a screwdriver at work. OWCP accepted that the December 2011 incident occurred but denied the claim for lack of medical proof connecting a back condition to it. The Board found that his orthopedic surgeon…

August 19, 2013 ·ECAB
Affirmed
COMM

T.L. and U.S. Postal Service, Post Office, Chicago, IL

T.L. (ECAB 13-1003): Continuation of pay denial upheld for late written claim

T.L., a Postal Service carrier, injured his left foot at work on October 3, 2012. OWCP accepted the injury but denied continuation of pay because he submitted the written claim form on November 27, more than 30 days later. The Board held that prompt oral notice to a supervisor could not replace the…

August 19, 2013 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Processing & Distribution Center, Buffalo, NY

P.M. (ECAB 13-0940): Eight percent shoulder impairment award upheld

P.M., a Postal Service mail processor, received a schedule award for eight percent permanent impairment of his right upper extremity after an accepted shoulder injury. He sought a higher award based on another surgeon’s ratings. The Board found that those ratings did not adequately explain their…

August 19, 2013 ·ECAB
Affirmed
COMM

S.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Grand Rapids, MI

S.R. (ECAB 13-0932): Back injury denial upheld despite accepted lifting incident

S.R., a Veterans Affairs nurse, reported back pain after bending to pick up a box at work. OWCP accepted that the October 2012 incident occurred but denied her injury claim. The Board found that her physician diagnosed a back condition without explaining how the work incident caused it. Reports…

August 19, 2013 ·ECAB
Affirmed
COMM

L.U. and U.S. Postal Service, Post Office, Willimantic, CT

L.U. (ECAB 13-0884): Back injury and reconsideration denials upheld

L.U., a Postal Service carrier, reported back and leg pain after lifting a mail tray at work. OWCP accepted the August 2012 incident but denied compensation. The Board found that her physician documented the condition without explaining medically how the lifting caused or aggravated it, and a…

August 19, 2013 ·ECAB
Affirmed
COMM

D.Y. and U.S. Postal Service, Post Office, Vancouver, WA

D.Y. (ECAB 13-0416): Knee impairment award sent back to resolve medical conflict

D.Y., a Postal Service carrier with an accepted right knee condition, received a schedule award based on 31 percent impairment after knee replacement surgery. His physician rated the impairment at 59 percent, while OWCP’s medical advisers retained the 31 percent rating. The Board found that the…

August 19, 2013 ·ECAB
Remanded
COMM

S.D. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA

S.D. (ECAB 13-0350): Claimed recurrence of disability denied

S.D., an IRS customer service representative, returned to regular work after an accepted neck sprain from a fall. She later stopped working and claimed a recurrence of disability caused by that injury. The Board found that her treating doctors had not adequately explained how the accepted sprain…

August 19, 2013 ·ECAB
Affirmed
COMM

H.C. and U.S. Postal Service, Post Office, Toa Alta, PR

H.C. (ECAB 12-1836): Emotional condition denial upheld with changed reasoning

H.C., a Postal Service associate, attributed an emotional condition to alleged mistreatment by her supervisor and to a private relationship involving the supervisor and H.C.’s husband. OWCP denied the claim but had treated two workplace incidents as compensable factors. The Board rejected OWCP’s…

August 19, 2013 ·ECAB
Modified
COMM

L.C. and U.S. Postal Service, Post Office, Pittsburgh, PA

L.C. (ECAB 12-1177): Termination of injury benefits upheld

L.C., a Postal Service mail handler, slipped on oil at work in June 2007. OWCP accepted neck and lumbar sprains and a right shoulder contusion, then terminated her compensation effective April 17, 2009. The Board found that OWCP's medical evidence supported the termination of wage and medical…

August 19, 2013 ·ECAB
Affirmed
ALJ

Penney's Construction Company, LLC

Willful trench violations affirmed after work continued

Penney's Construction replaced a sewer line in a 10-foot-deep trench with vertical, fissured walls and no cave-in protection. Employees also encountered flowing sewage, possible atmospheric hazards, an edge-side spoil pile, unprotected use of a cut saw, and public traffic without high-visibility…

August 19, 2013 ·Carol A. Baumerich ·OSHRC
Mixed result
ALJ

Sunland Construction, Inc.

Trench egress item affirmed and cave-in item vacated

Sunland Construction employees installed sandbag trench breaks around a high-pressure gas pipeline. They worked in a trench more than five feet deep without a ladder, stairway, or ramp, and Sunland did not show that climbing over the pipe and sandbags provided safe egress. The judge affirmed the…

August 19, 2013 ·Sharon D. Calhoun ·OSHRC
Mixed result
COMM

G.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Boston, MA

G.P. (ECAB 13-1165): Reduced compensation based on medical secretary work upheld

G.P., a Veterans Affairs nurse, injured his right shoulder in a work fall and received disability compensation. OWCP reduced his compensation after finding that he could work as a medical secretary with a weekly wage-earning capacity of $720. The Board gave weight to the referee physician's opinion…

August 16, 2013 ·ECAB
Affirmed
COMM

P.D. and U.S. Postal Service, Lakewood Post Office, Denver, CO

P.D. (ECAB 13-1142): Emotional condition claim denial upheld

P.D., a Postal Service carrier, claimed an emotional injury after an argument with her supervisor. She alleged that the supervisor slapped her and yelled at her over package scanning. The Board found the alleged physical contact was not established because the eyewitness described a gesture without…

August 16, 2013 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Post Office, Cleveland, OH

J.P. (ECAB 13-1049): Termination of compensation benefits upheld

J.P., a Postal Service carrier, was injured when another vehicle struck her mail truck. OWCP accepted several spine, knee, and ankle conditions, then terminated her compensation effective September 7, 2012. The Board found that the impartial medical examiner's well-reasoned opinion supported OWCP's…

August 16, 2013 ·ECAB
Affirmed
COMM

W.B. and Department of Justice, Federal Bureau of Prisons, Philadelphia, PA

W.B. (ECAB 13-0947): Denial of relocation expense reimbursement upheld

W.B., a former federal prison clinical nurse with an accepted work injury, sought reimbursement for moves between states to take later nonfederal jobs. OWCP denied reimbursement for her moves from New Jersey to Florida and back, and its hearing representative upheld that decision. The Board…

August 16, 2013 ·ECAB
Affirmed
COMM

T.W. and Department of Veterans Affairs, Veterans Health Administration, Asheville, NC

T.W. (ECAB 13-0935): Refusal to reopen compensation case upheld

T.W., a former Veterans Health Administration clerk, asked OWCP to reconsider the suspension of her compensation after she missed a scheduled medical examination. OWCP declined to reopen the case, and she appealed that refusal. The Board could review only the reconsideration decision because the…

August 16, 2013 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Fox Valley Processing & Distribution Center, Aurora, IL

M.D. (ECAB 13-0921): Wage-loss claim returned for further review

M.D., a Postal Service worker with accepted wrist and shoulder injuries, sought wage-loss compensation after the agency withdrew her modified position. OWCP denied her request to change an earlier wage-earning capacity determination. The Board found that OWCP had sought updated medical evidence but…

August 16, 2013 ·ECAB
Remanded
COMM

L.E. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX

L.E. (ECAB 13-0859): Hearing loss award of 57 percent upheld

L.E., a Customs and Border Protection officer, claimed hearing loss from workplace noise. OWCP accepted hearing loss and tinnitus and awarded compensation for 57 percent hearing impairment in both ears. L.E. appealed, seeking a higher rating. The Board found that the second-opinion doctor and OWCP…

August 16, 2013 ·ECAB
Affirmed
COMM

F.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Middleton, WI

F.C. (ECAB 12-1609): Emotional condition claim denial upheld

F.C., a VA revenue technician, claimed an emotional condition after helping a patient who had reportedly threatened to harm someone over a billing dispute. OWCP denied the claim, and F.C. also sought reconsideration. The Board found that F.C. learned of the reported threat only after police had…

August 16, 2013 ·ECAB
Affirmed
COMM

A.V. and U.S. Postal Service, Post Office, Philadelphia, PA

A.V. (ECAB 12-1377): Denial of permanent impairment award upheld

A.V., a former Postal Service mail handler, sought a schedule award for arm impairment after an accepted neck injury. His treating physician rated a permanent left arm impairment, while an OWCP examiner found none. An impartial physician appointed to resolve the disagreement found no permanent…

August 16, 2013 ·ECAB
Affirmed
COMM

B.M. and U.S. Postal Service, Manager Columbus Processing & Distribution Center, Columbus, OH

B.M. (ECAB 13-0973): Denial of recurrence claim upheld

B.M., a Postal Service mail clerk, had accepted neck, back, and shoulder injuries from an April 2011 work incident. After returning to regular work, he stopped working in January 2012 and claimed that his disability was a recurrence of the earlier injuries. He described a new incident at work the…

August 15, 2013 ·ECAB
Affirmed
COMM

L.K. and U.S. Postal Service, Post Office, Philadelphia, PA

L.K. (ECAB 13-0949): Knee injury claim returned for a merits review

L.K., a Postal Service letter carrier, claimed knee problems from walking, climbing stairs, and carrying mail at work. OWCP denied the claim for insufficient medical evidence, then refused to reopen it after she sought reconsideration. The Board found that new reports from three physicians…

August 15, 2013 ·ECAB
Remanded
COMM

M.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Grand Island, NE

M.W. (ECAB 13-0928): Leg impairment award returned for a new rating

M.W., a Veterans Affairs nurse, injured her lower back at work and developed symptoms in her left leg. OWCP awarded benefits for a 15 percent permanent impairment of that leg. The Board found that neither the examining physician nor OWCP’s medical adviser applied the method OWCP uses to rate limb…

August 15, 2013 ·ECAB
Remanded
COMM

R.H. and Department of the Navy, Keyport, WA

R.H. (ECAB 13-0875): Hearing loss award returned for an impartial medical opinion

R.H., a retired Navy engineering technician, had an accepted claim for hearing loss caused by workplace noise. OWCP awarded benefits for a four percent loss in his left ear, using a 2003 hearing test. His treating physician used a 2012 test and rated the work related hearing loss higher. The Board…

August 15, 2013 ·ECAB
Remanded
COMM

S.M. and Peace Corps, Volunteer Services, Washington, DC

S.M. (ECAB 13-0796): Refusal to reopen a compensation claim upheld

S.M., a former Peace Corps volunteer, had an accepted claim for cancer and related conditions. OWCP later terminated her compensation benefits, and she sought reconsideration. The Board’s jurisdiction was limited to OWCP’s refusal to reopen the claim, so it did not decide whether the benefit…

August 15, 2013 ·ECAB
Affirmed
COMM

R.L. and U.S. Postal Service, Post Office, Portland, ME

R.L. (ECAB 13-0713): Recalculated benefit overpayment and recovery upheld

R.L., a Postal Service employee receiving injury compensation, also received Social Security benefits attributable to federal service. After an earlier Board remand, OWCP excluded periods covered by schedule awards and recalculated his overpayment as $11,974.43. The Board upheld that amount because…

August 15, 2013 ·ECAB
Affirmed
COMM

K.O., also known as K.E., and U.S. Postal Service, Post Office, Madison, WI

K.O. (ECAB 13-0436): Wage loss and overpayment decision returned to OWCP

K.O., a Postal Service employee with an accepted back injury, lost her limited duty assignment when the agency said no suitable work was available. OWCP denied further wage loss compensation under an earlier wage earning capacity determination and found a $34,693.44 overpayment. The Board found…

August 15, 2013 ·ECAB
Remanded
COMM

F.P. and Department of the Army, Anniston Army Depot, Anniston, AL

F.P. (ECAB 13-0363): Schedule award claim reopened for a merits review

F.P., an Army equipment operator, sought a schedule award for permanent impairment after an accepted workplace injury. OWCP denied the award and then refused to reopen the claim when she resubmitted a physician’s report. The Board found that OWCP had received the report before its award decision…

August 15, 2013 ·ECAB
Remanded
COMM

J.R. and Department of the Navy, Naval Support Activity, Annapolis, MD

J.R. (ECAB 13-0313): Knee injury claim and late hearing request denied

J.R., a Navy police supervisor, reported knee problems after kneeling at a workplace firing range. OWCP accepted that the event occurred but denied compensation because he submitted no medical evidence linking a diagnosed knee condition to that event before its decision. The Board could not…

August 15, 2013 ·ECAB
Affirmed
COMM

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

S.B. (ECAB 13-0214): Ankle impairment rating returned for more medical evidence

S.B., a Postal Service mail carrier, had an accepted ankle injury and previously received a schedule award for 16 percent impairment of her left leg. She sought a larger award. Her physician rated the impairment at 26 percent, while an OWCP medical adviser rated it at 12 percent. The Board found…

August 15, 2013 ·ECAB
Remanded
COMM

Secretary of Labor v. Consolidation Coal Company

Five mine safety violations were affirmed

Consolidation Coal operated Robinson Run No. 95, a gassy underground coal mine subject to frequent methane inspections. An administrative law judge affirmed five citations and orders involving combustible coal accumulations, a nonworking scoop panic bar, an impermissible roof bolter light, and two…

August 14, 2013 ·FMSHRC
Citations affirmed
COMM

K.D. and Department of the Treasury, Bureau of Engraving, Washington, DC

K.D. (ECAB 13-1127): Refusal to reopen an untimely injury claim upheld

K.D., a Bureau of Engraving carpenter, reported an elbow condition associated with lifting and repetitive work. OWCP denied his claim as untimely, and he later requested reconsideration with a new physician’s report. The Board could review only the refusal to reopen, rather than the earlier claim…

August 14, 2013 ·ECAB
Affirmed
COMM

A.A. and U.S. Postal Service, Post Office, Waterbury, CT

A.A. (ECAB 13-1044): Late reconsideration request did not show clear error

A.A., a Postal Service automation clerk with an accepted back condition, claimed a later recurrence of disability. OWCP denied that claim in March 2010, and her attorney requested reconsideration more than two years later. The Board found that the request missed OWCP’s one year deadline. It also…

August 14, 2013 ·ECAB
Affirmed
COMM

D.L. and Department of the Air Force, Air Force Materiel Command, Tinker Air Force Base, OK

D.L. (ECAB 13-0974): Claimed workplace fall not established

D.L., an Air Force secretary, claimed that she slipped on a floor runner at work, fell, and struck her head on a desk. OWCP denied the injury claim because it found the account of the event unproven. The Board compared D.L.’s later account with medical records and coworker statements made close to…

August 14, 2013 ·ECAB
Affirmed
COMM

B.C. and Department of the Navy, Naval Aviation Depot, Cherry Point, NC

B.C. (ECAB 13-0869): Right arm impairment claim returned for a complete rating

B.C., a Navy aircraft parts worker, received a six percent right arm schedule award after a shoulder injury and surgery. He later underwent another shoulder operation and sought an additional award. The Board found that the new medical ratings did not adequately apply or explain the impairment…

August 14, 2013 ·ECAB
Remanded
COMM

D.D. and Department of Homeland Security, Transportation Security Administration, San Jose, CA

D.D. (ECAB 13-0858): Refusal to reopen an airport injury claim upheld

D.D., a Transportation Security Administration officer, fell while approaching an airport terminal before work and injured her arm. OWCP denied the claim because it found the location was outside the employing agency’s premises. On reconsideration, D.D. supplied medical records concerning the…

August 14, 2013 ·ECAB
Affirmed
COMM

A.L. and U.S. Postal Service, Post Office, Redwood City, CA

A.L. (ECAB 13-0857): Wage loss reduction based on a surveillance job upheld

A.L., a Postal Service distribution clerk, received wage loss benefits after hand and arm conditions limited her work. OWCP reduced her compensation based on a security surveillance monitor position identified through vocational rehabilitation. The Board found that the position was available in the…

August 14, 2013 ·ECAB
Affirmed
COMM

M.V. and Department of Homeland Security, U.S. Secret Service, New York, NY

M.V. (ECAB 13-0798): Arm impairment and overpayment decisions returned for review

M.V., a Secret Service agent, sustained accepted shoulder and neck conditions while working during the September 11, 2001 attack at the World Trade Center. OWCP rated impairment in both arms and found a $20,227.46 overpayment from an earlier right arm award. The Board found that the impartial…

August 14, 2013 ·ECAB
Remanded
COMM

H.E. and Department of Commerce, National Oceanic and Atmospheric Administration, Seattle, WA

H.E. (ECAB 13-0522): Shipboard meals and quarters included in compensation pay rate

H.E., a NOAA engineer aboard a research vessel, challenged the pay rate used for his injury compensation. After an earlier remand, OWCP included an estimated $6.75 per day for meals and quarters provided aboard ship for 280 days. The Board found that the estimate, drawn from a comparable maritime…

August 14, 2013 ·ECAB
Affirmed
COMM

C.F. and Department of State, International Boundary & Water Commission, El Paso, TX

C.F. (ECAB 13-0406): Two percent left arm impairment award upheld

C.F., a heavy equipment mechanic, sought a larger schedule award for an accepted left shoulder condition. His physician rated the arm at 10 percent impairment using shoulder motion measurements. An OWCP second opinion physician rated it at two percent using a diagnosis based method, and a medical…

August 14, 2013 ·ECAB
Affirmed
COMM

K.M. and Department of the Army, Anniston Army Depot, Anniston, AL

K.M. (ECAB 13-1124): Tinnitus did not qualify for a separate schedule award

K.M., an Army depot mechanic, had accepted hearing loss and tinnitus from workplace noise. He sought a schedule award for the tinnitus after testing found no ratable hearing loss. The Board agreed that the test results produced a zero percent hearing impairment under the applicable guide. It…

August 13, 2013 ·ECAB
Affirmed
COMM

R.W. and Department of Homeland Security, Citizenship & Immigration Services, San Francisco, CA

R.W. (ECAB 13-1011): Injury claim lacked a medical link to workplace fall

R.W., a federal application clerk, fell near a building entrance while arriving at work. OWCP accepted that the incident occurred but denied compensation for the reported injuries. The Board found that the physician’s report identified no firm diagnosis and did not explain how the fall caused a…

August 13, 2013 ·ECAB
Affirmed
COMM

S.B. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Northport, NY

S.B. (ECAB 13-0988): Wheelchair incident did not establish a compensable back injury

S.B., a VA nurse, reported back pain after pushing a patient in a wheelchair. OWCP accepted the workplace incident but denied her injury claim. The Board found that several medical reports lacked a firm diagnosis or any opinion linking a condition to the incident. A later physician attributed back…

August 13, 2013 ·ECAB
Affirmed
COMM

S.T. and U.S. Senate, Sergeant-at-Arms, Washington, DC

S.T. (ECAB 13-0954): Refusal to review later disability claim upheld

S.T., a former U.S. Senate employee, had an accepted neck condition from a fall and received compensation for an earlier period. OWCP denied compensation after November 18, 2008, and she requested reconsideration. The Board could review only OWCP’s refusal to reopen the claim. It found that her…

August 13, 2013 ·ECAB
Affirmed
COMM

A.D. and U.S. Postal Service, Post Office, Winter Park, FL

A.D. (ECAB 13-0913): Vehicle collision claim and refusal to reopen upheld

A.D., a Postal Service letter carrier, was rear ended while making deliveries. OWCP accepted that the collision occurred but denied an injury claim because the submitted discharge summary did not link a diagnosed condition to the collision. The Board agreed that the record lacked a reasoned medical…

August 13, 2013 ·ECAB
Affirmed
COMM

A.S. and U.S. Department of Justice, Immigration & Naturalization Service, Miami, FL

A.S. (ECAB 13-0753): Thirteen percent right arm impairment award upheld

A.S., a federal immigration inspector, sought a larger schedule award for accepted right wrist and elbow conditions. Her physician rated the arm at 29 percent impairment, while an OWCP second opinion and medical adviser supported a 13 percent rating. The Board found that her physician had not…

August 13, 2013 ·ECAB
Affirmed
COMM

Y.E. and Department of Veterans Affairs, Veterans Administration Medical Center, Tampa, FL

Y.E. (ECAB 13-0729): Two percent right leg impairment award upheld

Y.E., a VA nurse, injured her right knee at work and received a schedule award for two percent leg impairment. She sought a larger award, citing knee arthritis and the possibility of replacement surgery. The Board found that the only impairment rating applying the required guide supported two…

August 13, 2013 ·ECAB
Affirmed
COMM

M.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA

M.D. (ECAB 13-0554): Additional nerve conditions not accepted as work related

M.D., a VA medical support employee, had an accepted cervical condition and sought recognition of additional arm and nerve conditions from repetitive work. After an earlier Board remand, OWCP obtained an impartial orthopedic examination to resolve conflicting medical opinions. The Board found that…

August 13, 2013 ·ECAB
Affirmed
COMM

B.B. and Social Security Administration, Chicago Field Offices, Chicago, IL

B.B. (ECAB 13-0256): Workplace mold claim and refusal to reopen upheld

B.B., a retired Social Security Administration manager, claimed allergic and respiratory conditions from mold in her office. OWCP accepted some exposure but denied the medical claim. The Board found that one allergist identified mold sensitivity without linking a condition to work, while another…

August 13, 2013 ·ECAB
Affirmed
COMM

D.C. and U.S. Postal Service, Post Office, Alvin, TX

D.C. (ECAB 12-1921): Termination of compensation for cervical conditions upheld

D.C., a Postal Service letter carrier, had accepted neck conditions after lifting a mail tray at work. OWCP terminated her related benefits after her treating physician and a second opinion physician disagreed about continuing disability. An impartial orthopedic specialist examined her and…

August 13, 2013 ·ECAB
Affirmed
COMM

R.J. and Department of Homeland Security, Transportation Security Administration, Hanover, MD

R.J. (ECAB 13-1192): Leg award returned for review of an older ankle impairment

R.J., a federal air marshal, injured his left knee during training and received a two percent leg impairment award. He argued that a preexisting left ankle injury should also count in the rating. The Board found that OWCP’s medical adviser dismissed the ankle solely because it was unrelated to the…

August 12, 2013 ·ECAB
Remanded
COMM

C.L. and Peace Corps, Santo Domingo, Dominican Republic

C.L. (ECAB 13-1175): Refusal to revisit home modification request upheld

C.L., a former Peace Corps volunteer with accepted leg and hip conditions, sought an elevator and special lighting for her home. OWCP denied those items and later refused to reconsider the decision. The Board found that her new request repeated arguments already made about the accepted facts and…

August 12, 2013 ·ECAB
Affirmed
COMM

T.S. and U.S. Postal Service, Post Office, Alexander, AR

T.S. (ECAB 13-1106): Overpayment confirmed but fault finding returned to OWCP

T.S., a Postal Service carrier, continued receiving the higher compensation rate for a dependent after her divorce. The Board upheld OWCP’s calculation of a $405.14 overpayment for the following weeks. It found that OWCP had not explained why T.S. knew or should have known the divorce would affect…

August 12, 2013 ·ECAB
Mixed result
COMM

P.P. and Department of Homeland Security, Transportation Security Administration, Tulsa, OK

P.P. (ECAB 13-1048): Back injury claim lacked a supported link to baggage lifting

P.P., a Transportation Security Administration officer, developed severe back symptoms and underwent surgery shortly after lifting baggage at work. OWCP accepted the lifting event but denied his injury claim. The Board found that the medical reports did not adequately explain how that event caused…

August 12, 2013 ·ECAB
Affirmed
COMM

D.J. and General Services Administration, Washington, DC

D.J. (ECAB 13-1025): Refusals to reopen recurrence claim affirmed

D.J. sought to reopen the denial of a disability recurrence claim tied to an earlier accepted allergic asthma condition. OWCP denied her June 2012 reconsideration request because the material received did not present a relevant new argument or evidence. Her September 2012 request was filed more…

August 12, 2013 ·ECAB
Affirmed
COMM

C.L. and Department of Veterans Affairs, Veterans Health Administration, Las Vegas, NV

C.L. (ECAB 13-981): Wage loss claim remanded for review of medical report

C.L., a Veterans Health Administration health technician, sought compensation for a day of absence after an accepted back injury. OWCP denied the claim, finding insufficient evidence that the absence resulted from the accepted condition. Her physician submitted a report addressing a possible link…

August 12, 2013 ·ECAB
Remanded
COMM

M.B. and Department of Veterans Affairs, Veterans Affairs Medical Center, Brockton, MA

M.B. (ECAB 13-980): Medical recurrence claim sent back for a merits decision

M.B., a Veterans Affairs food service worker, sought additional medical benefits related to an accepted injury after OWCP had terminated her prior benefits. OWCP declined to decide her recurrence claim because of that earlier termination. The Board held that a prior termination does not prevent a…

August 12, 2013 ·ECAB
Remanded

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.