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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COMM

J.C. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

J.C. (ECAB 13-485): Back condition lacked medical link to shipyard work

J.C. developed right-leg symptoms after working in awkward positions at a shipyard. Imaging showed an extruded lumbar disc and severe nerve compression, and he underwent surgery. The Board found that his surgeon considered the cause uncertain and did not explain how the accepted work activity…

April 18, 2013 ·ECAB
Affirmed
COMM

O.V. and U.S. Postal Service, Post Office, Brooklyn, NY

O.V. (ECAB 13-325): Late reconsideration request did not show clear error

O.V., a postal letter carrier, claimed that a supervisor pushed him in 2001, causing physical and emotional injuries. OWCP denied the claim, and the Board affirmed that denial in 2003. In 2012, O.V. asked OWCP to reconsider, alleging improper influence on its hearing representative and saying he…

April 18, 2013 ·ECAB
Affirmed
COMM

D.J. and Department of Veterans Affairs, Veterans Health Administration, St. Petersburg, FL

D.J. (ECAB 13-312): New submissions did not address scheduled impairment

D.J., a Veterans Health Administration health technician, fell from a bench at work and injured her back. OWCP accepted a back contusion but denied a schedule award because it found no medical evidence of a ratable impairment of a scheduled body member from that injury. D.J. sought reconsideration…

April 18, 2013 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Post Office, Martinsburg, WV

K.S. (ECAB 13-221): Later events did not establish a recurrence of disability

K.S., a postal supervisor, had an accepted claim for acute post-traumatic stress disorder and anxiety after learning of a coworker’s threat in 1994. She later claimed that she became unable to work again in January 2010. Her psychiatrists described renewed symptoms after she learned information…

April 18, 2013 ·ECAB
Affirmed
COMM

C.P., claiming as widower of H.P., and Tennessee Valley Authority, Western Area Radiological Laboratory, Muscle Shoals, AL

C.P. (ECAB 13-82): Survivor claim lacked medical link to laboratory exposure

H.P., a radiological chemist, died in 2005, and her husband sought survivor benefits based on alleged toxic fume exposure at work. After an earlier Board remand, OWCP obtained an opinion from an impartial infectious disease specialist. He reviewed the accepted exposure incidents, medical history…

April 18, 2013 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Post Office, Woodland Hills, CA

M.C. (ECAB 12-1895): Disability dates lacked a reasoned medical explanation

M.C., a postal mail carrier, had accepted claims that included bilateral carpal tunnel syndrome and trigger finger. She sought wage loss compensation for a period before hand surgery in 2012. Her doctors described symptoms and said she was totally disabled, but the Board found that they did not…

April 18, 2013 ·ECAB
Affirmed
COMM

A.Y. and Department of Health & Human Services, National Institutes of Health, Bethesda, MD

A.Y. (ECAB 12-1736): Hearing loss claim returned for missing audiograms

A.Y., a maintenance mechanic at the National Institutes of Health, claimed that occupational noise caused his hearing loss. The employer supplied noise surveys but did not provide the audiograms OWCP had requested. The Board found that the second opinion doctor’s conclusion rested on a limited…

April 18, 2013 ·ECAB
Remanded
COMM

S.P. and Department of Commerce, Office of the Inspector General, Washington, DC

S.P. (ECAB 13-528): Reconsideration materials did not justify reopening asbestos claim

S.P., a retired Commerce Department analyst, claimed that she developed asbestosis after exposure in federal offices. OWCP denied the claim because it found the alleged workplace exposure unproven. She sought reconsideration and submitted asbestos assessment forms alongside allegations that the…

April 17, 2013 ·ECAB
Affirmed
COMM

H.C. and Department of the Army, Army Corp of Engineers, Clewiston, FL

H.C. (ECAB 13-477): Shoulder and neck claim still lacked medical causation

H.C. reported shoulder and neck pain while climbing a ladder in a boat basin for the Army Corps of Engineers. OWCP accepted that the incident occurred but denied that he had proved an injury caused by it. After earlier appeals, H.C. submitted another orthopedic report describing continuing symptoms…

April 17, 2013 ·ECAB
Affirmed
COMM

M.H. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

M.H. (ECAB 13-421): No increased lung impairment award without a detailed rating

M.H., a former naval shipyard insulator, had an accepted aggravation of asthma and received a schedule award for 18 percent lung impairment. He sought a larger award after reporting worsening symptoms. One physician said more testing was needed; another mentioned impairment classes but did not…

April 17, 2013 ·ECAB
Affirmed
COMM

L.G., executrix of the estate of W.L., widower of E.L., and Department of the Army, Alson Army Hospital, Fort Dix, NJ

L.G. (ECAB 13-391): Doctor’s new report did not address disputed wage loss period

L.G., executrix of a deceased employee’s widower’s estate, sought reconsideration of a claim for wage loss from April 1992 until the employee’s January 2002 knee surgery. OWCP had already paid compensation for the brief period after surgery and before the employee’s death. The new report from her…

April 17, 2013 ·ECAB
Affirmed
COMM

J.V. and U.S. Postal Service, Post Office, Paramus, NJ

J.V. (ECAB 13-295): Injury denial issued before evidence period ended

J.V. filed a traumatic injury claim with OWCP in September 2012. On October 3, OWCP requested additional factual and medical evidence and said it would hold the claim open for 30 days. It denied the claim on October 25, before that period ended. The Board held that this violated OWCP’s regulation…

April 17, 2013 ·ECAB
Remanded
COMM

T.T. and Department of Homeland Security, Federal Aviation Administration, Corapolis, PA

T.T. (ECAB 13-258): Shoulder impairment rating returned for review

T.T. received a schedule award for five percent permanent impairment of his left arm after an accepted shoulder injury. His physician later calculated nine percent using shoulder range of motion. OWCP’s medical adviser retained the five percent rating, saying that a diagnosis-based method was…

April 17, 2013 ·ECAB
Remanded
COMM

P.W. and Department of Veterans Affairs, Hunter Holmes McGuire Medical Center, Richmond, VA

P.W. (ECAB 13-243): Eye claim lacked reasoned medical link to construction debris

P.W., a Veterans Affairs rehabilitation technician, reported eye irritation and other symptoms around construction activity at work. The Board had previously accepted that exposure to dust, debris, and fumes occurred, but found the medical connection unproved. On reconsideration, her…

April 17, 2013 ·ECAB
Affirmed
COMM

K.S. and Department of Homeland Security, Customs & Border Protection, Uvalde Station, Uvalder, TX

K.S. (ECAB 13-154): Accepted hearing loss was not ratable

K.S., a border patrol agent, had accepted bilateral hearing loss after years of workplace noise exposure. The Board found that his audiogram fell below the threshold for a compensable hearing impairment under the applicable guide. His tinnitus did not add a schedule award because there was no…

April 17, 2013 ·ECAB
Affirmed
COMM

A.W. and U.S. Postal Service, Post Office, Chicago, IL

A.W. (ECAB 13-95): Reconsideration delay required merits review

A.W., a postal mail carrier with an accepted lumbar sprain, claimed a later recurrence of disability. OWCP denied the claim in January 2012, and she promptly requested reconsideration with medical evidence. It did not rule until September, after the Board’s 180-day window to review the January…

April 17, 2013 ·ECAB
Remanded
COMM

W.A. and U.S. Postal Service, Processing & Distribution Center, Kearny, NJ

W.A. (ECAB 12-1810): One overpayment affirmed, two amounts returned for calculation

W.A., a postal clerk receiving disability compensation, returned to work in November 2011 but kept a payment covering eight calendar days. The Board affirmed the $777.42 overpayment and found her at fault because OWCP had instructed her to return the check. It also agreed that incorrect night…

April 17, 2013 ·ECAB
Mixed result
ALJ

Taft Production Company

Six shop and plant citations upheld with one reduced

MSHA issued six citations at Taft Production's clay mine for an obstructed eyewash station, improper bolts in feeder turnbuckles, damaged electrical conduit, unstable storage shelves, an open energized switchgear box, and an unsecured conveyor guard. Judge Jacqueline R. Bulluck affirmed every…

April 16, 2013 ·Jacqueline R. Bulluck ·FMSHRC
Modified
COMM

West Bay Exploration Co.

In re West Bay Exploration Co. (EAB UIC Appeal Nos. 13-01 and 13-02): petitions dismissed as moot

Peter Bormuth and Sandra K. Yerman challenged an Underground Injection Control permit granted to West Bay Exploration Company. EPA Region 5 withdrew the permit in its entirety and announced its intent to prepare a new draft permit. Because the permit withdrawal eliminated the subject of the…

April 16, 2013 ·EPA EAB
Procedural
COMM

R.C. and Department of the Army, Fort Stewart, GA

R.C. (ECAB 13-498): Accepted hearing loss did not reach award threshold

R.C., a Fort Stewart supervisor, had accepted hearing loss after years of exposure to heavy equipment and other workplace noise. The Board found that his audiogram averaged 25 decibels of loss in each ear, which did not exceed the guide’s threshold for a schedule award. The examining specialist…

April 16, 2013 ·ECAB
Affirmed
COMM

C.S. and Department of Commerce, Census Bureau, Toms River, NJ

C.S. (ECAB 13-455): Termination of ankle injury benefits upheld

C.S., a Census Bureau field representative, fractured her right ankle while working and received disability compensation and medical care. OWCP later terminated both benefits after a second opinion orthopedist found the fracture healed and cleared her for unrestricted work. Her treating doctor…

April 16, 2013 ·ECAB
Affirmed
COMM

L.M. and Department of Defense, Navy Supply Depot, Mechanicsburg, PA

L.M. (ECAB 13-213): Shoulder award returned for missing impairment review

L.M., a Navy Supply Depot materials handler, received a schedule award for seven percent impairment of his right arm after a rotator cuff injury. His doctor had submitted two ratings, including a higher rating under the sixth edition of the applicable impairment guide. OWCP’s hearing representative…

April 16, 2013 ·ECAB
Remanded
COMM

R.M. and U.S. Postal Service, Post Office, Lancaster, TX

R.M. (ECAB 13-173): Conflicting accounts left alleged incident unproved

R.M., a postal carrier, said a supervisor pushed her into a wall at work, injuring her shoulder and back. The supervisor described accidental, light contact, and the surrounding accounts differed about what happened. The Board also considered her delay in reporting the injury and seeking documented…

April 16, 2013 ·ECAB
Affirmed
COMM

R.E. and Department of the Army, Schofield Barracks Commissary, Wahiawa, HI

R.E. (ECAB 13-115): Wage-earning capacity changes upheld

R.E., a commissary employee, had accepted low back strains from work injuries in 1985 and 1986 and a formal wage-earning capacity decision issued in 1989. She sought total disability compensation after leaving work in May 2011. The Board found that her doctor described later spinal conditions…

April 16, 2013 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Post Office, Margate, NJ

L.S. (ECAB 12-1946): Medical benefits termination upheld after back sprain resolved

L.S., a postal carrier, had an accepted lower back sprain after slipping on a curb in 2008. OWCP terminated medical benefits after a second opinion doctor found the accepted sprain resolved, with current symptoms attributed to other conditions. L.S.’s treating doctor described ongoing pain and…

April 16, 2013 ·ECAB
Affirmed
COMM

M.J. and Department of the Air Force, March Air Reserves Base, CA

M.J. (ECAB 12-1600): Emotional condition claim lacked a proven work factor

M.J., an Air Force photographer, attributed physical and emotional symptoms to treatment by her supervisors. The Board treated most disputed evaluations, assignments, and scheduling decisions as personnel matters without proven error or abuse. It found the alleged harassment and a reported question…

April 15, 2013 ·ECAB
Affirmed
COMM

W.E. and U.S. Postal Service, Vehicle Maintenance Facility, Jamaica, NY

W.E. (ECAB 13-341): Finger injury rating lacked motion measurements

W.E., a postal automotive technician, injured his right hand and underwent surgery after partial amputation of a finger. He later sought a schedule award for permanent impairment. His surgeon described lasting limitations and assigned a 13 percent right arm rating based on finger motion, but gave…

April 15, 2013 ·ECAB
Affirmed
COMM

D.W. and Department of the Navy, Naval Air Depot, Cherry Point, NC

D.W. (ECAB 13-278): No arm impairment shown from cervical condition

D.W., a naval depot machinist, had accepted aggravation of cervical degenerative disc disease and osteoarthritis. He sought a schedule award for permanent impairment of both arms based on an earlier doctor’s assessment of nerve root injury. A later second opinion doctor found full arm strength, no…

April 15, 2013 ·ECAB
Affirmed
COMM

J.G. and U.S. Postal Service, Post Office, Baltimore, MD

J.G. (ECAB 13-223): Spine rating did not establish additional leg impairment

J.G., a postal carrier, sustained an accepted lumbar strain and radiculitis after a fall at work. He already held a schedule award for five percent impairment of the right leg and sought a larger award for the legs. His doctor assigned 12 percent impairment of the spine, but FECA’s schedule does…

April 15, 2013 ·ECAB
Affirmed
COMM

L.H. and U.S. Postal Service, Post Office, Fort Worth, TX

L.H. (ECAB 13-184): Mail lifting incident proved, medical causation unproved

L.H., a rural postal carrier, reported back pain after lifting presorted mail on March 17, 2012. OWCP had found both the incident and an injury unproved. The Board disagreed on the first point: her prompt work stoppage and claim supported that the lifting incident occurred. It nevertheless found…

April 15, 2013 ·ECAB
Modified
COMM

A.K. and U.S. Postal Service, Post Office, Orange, CA

A.K. (ECAB 13-79): Emotional condition claim returned for employer response

A.K., a postal carrier, alleged that visiting postmasters repeatedly criticized and confused him while accompanying him on deliveries. OWCP denied his emotional condition claim without obtaining an employer response to his account. The Board found that its procedures required further factual…

April 15, 2013 ·ECAB
Remanded
COMM

S.C. and U.S. Postal Service, Post Office, Princeton, NJ

S.C. (ECAB 13-49): Carpal tunnel benefits termination upheld

S.C., a rural postal carrier, received compensation and medical benefits for accepted right carpal tunnel syndrome. A second opinion physician found normal wrist motion and grip strength and negative tests for current carpal tunnel syndrome. Her later doctor recommended work restrictions but did…

April 15, 2013 ·ECAB
Affirmed
COMM

M.Z. and Department of Transportation, Federal Aviation Administration, Washington, DC

M.Z. (ECAB 13-23): Emotional condition claim lacked compensable work factor

M.Z., an FAA air traffic control specialist and union representative, attributed anxiety to alleged harassment by a manager. Witnesses confirmed that he used terms she found offensive, but the Board found the evidence insufficient to establish compensable verbal abuse in context. It also found the…

April 15, 2013 ·ECAB
Affirmed
COMM

R.L. and Department of the Navy, Naval Air Systems Command, San Diego, CA

R.L. (ECAB 12-1110): Dual benefit debt established, amount returned for explanation

R.L., a Navy aircraft painter with an accepted work-related spinal condition, elected Veterans Affairs benefits effective April 29, 2009 while OWCP had also paid him disability compensation. The Board held that the overlapping payments created a FECA overpayment. It found that OWCP’s record did not…

April 15, 2013 ·ECAB
Mixed result
COMM

K.D. and U.S. Postal Service, Post Office, Buffalo, NY

K.D. (ECAB 13-451): First direct deposit fault finding returned

K.D., a postal clerk, continued receiving five disability deposits after OWCP ended her wage loss benefits in May 2012. The Board upheld an overpayment of $12,859.60 for those payments, though one sentence in its analysis states a different figure. It found no proof that she knew the first direct…

April 12, 2013 ·ECAB
Mixed result
COMM

R.D. and U.S. Postal Service, Post Office, Los Angeles, CA

R.D. (ECAB 13-412): Wage loss reduction based on suitable clerk work upheld

R.D., a postal mail handler with an accepted lumbar strain, received disability compensation after stopping work. His doctors later found he could work full time with restrictions, and a vocational counselor identified available customer complaint clerk jobs paying $532.80 per week. The Board found…

April 12, 2013 ·ECAB
Affirmed
COMM

D.C. and Department of Veterans Affairs, Veterans Health Administration, Saint Cloud, MN

D.C. (ECAB 13-334): Mailed decision went to wrong address

D.C. received a schedule award for 17 percent left leg impairment, but OWCP sent the August 2012 decision to an incorrect address and it was returned. He requested review of the written record in October. OWCP rejected the request as more than 30 days after issuance. The Board held that OWCP had…

April 12, 2013 ·ECAB
Remanded
COMM

J.G. and U.S. Postal Service, Post Office, Bellmawr, NJ

J.G. (ECAB 13-321): Impairment case returned for proper examiner selection

J.G., a retired postal clerk with accepted bilateral carpal tunnel syndrome, sought an additional schedule award. OWCP’s latest impartial examiner estimated five percent impairment of each arm, but medical advisers disputed the rating. The Board found that OWCP had selected that examiner outside…

April 12, 2013 ·ECAB
Remanded
COMM

L.W. and U.S. Postal Service, Post Office, Santa Clarita, CA

L.W. (ECAB 13-315): Missing OWCP decisions required record reconstruction

L.W. appealed an OWCP decision dated July 9, 2012. OWCP’s case system showed that two decisions had been issued that day, but neither was in the case record sent to the Board. Without those decisions and a complete record, the Board could not evaluate the appeal. It set the decisions aside and…

April 12, 2013 ·ECAB
Remanded
COMM

M.C. and U.S. Postal Service, Post Office, Birmingham, AL

M.C. (ECAB 13-314): Foot claim returned to combine related files

M.C. claimed that prolonged walking and standing at work caused right hammertoe deformities. OWCP denied the claim while referring to medical evidence in an earlier file. That file was not combined with the present claim before Board review. The Board found that the missing material prevented an…

April 12, 2013 ·ECAB
Remanded
COMM

F.H. and Department of the Navy, Naval Supply Systems Command, Norfolk, VA

F.H. (ECAB 13-294): Coworker assault allegations lacked corroboration

F.H., a Navy supply technician, attributed workplace stress to alleged physical and verbal confrontations with two coworkers. The coworkers denied his account, and he submitted no witness statements, police reports, or other documents corroborating the claimed assaults. The Board found that he had…

April 12, 2013 ·ECAB
Affirmed
COMM

I.C. and U.S. Postal Service, Brooklyn Processing & Distribution Center, Brooklyn, NY

I.C. (ECAB 13-254): Earlier suitable-work refusal barred later wage loss

I.C., a postal mail processor, had accepted back, shoulder, and hip injuries and later underwent authorized shoulder surgery. OWCP briefly accepted a recurrence of total disability beginning with that surgery. The Board held that OWCP’s unappealed 2007 decision terminating compensation for refusal…

April 12, 2013 ·ECAB
Affirmed
COMM

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

L.B. (ECAB 13-239): Wrist condition lacked evidence of permanent impairment

L.B., a postal clerk, had accepted left wrist and forearm conditions and underwent wrist surgery. Her surgeon later described the wrist as essentially asymptomatic, aside from occasional discomfort near retained hardware, and did not supply an impairment rating. OWCP’s medical adviser applied the…

April 12, 2013 ·ECAB
Affirmed
COMM

K.A. and U.S. Postal Service, Post Office, Antioch, CA

K.A. (ECAB 13-207): Psychological claim returned to combine related records

K.A. claimed psychological conditions after witnessing a person’s shooting death in 2009. OWCP denied the claim while discussing medical and factual material from two of her other claims. The Board found that those records were necessary to review the denial fairly but were not part of the…

April 12, 2013 ·ECAB
Remanded
COMM

E.G. and U.S. Postal Service, Post Office, New York, NY

E.G. (ECAB 13-204): Knee claim returned to combine prior files

E.G., a postal employee with several accepted knee conditions, alleged that returning to limited duty in July 2011 worsened both knees. OWCP denied the new injury claim while referring to evidence from earlier accepted claims. The Board found that it could not assess the ruling without those…

April 12, 2013 ·ECAB
Remanded
COMM

E.T. and Department of Labor, Mine Safety & Health Administration, Barbourville, KY

E.T. (ECAB 13-200): Hearing loss claim returned for clear medical opinion

E.T., a mine safety inspector, had documented noise exposure and diagnosed hearing loss. OWCP’s referral specialist said the exposure was sufficient to cause hearing loss but also marked the question of whether the loss was due to federal work as not applicable. The Board found that the report did…

April 12, 2013 ·ECAB
Remanded
COMM

W.H. and Department of Veterans Affairs, Audie L. Murphy Memorial Hospital, San Antonio, TX

W.H. (ECAB 13-146): Board upholds 13 percent left arm impairment award

W.H. injured his shoulders and elbows while moving a refrigerator at a veterans hospital. OWCP previously awarded compensation for 10 percent impairment of his left arm and later granted another three percent after elbow surgery. He argued that the combined impairment exceeded 13 percent. The Board…

April 12, 2013 ·ECAB
Affirmed
COMM

T.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Tomah, WI

T.L. (ECAB 13-134): Schedule award denial returned for review of new medical report

T.L. injured her right ankle while moving a patient and sought a schedule award for permanent leg impairment. After an initial denial, her physician submitted a new report rating seven percent impairment without relying on a condition OWCP had not accepted. OWCP received that report before its…

April 12, 2013 ·ECAB
Remanded
COMM

R.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Portland, OR

R.L. (ECAB 13-123): Overpayment case returned for proper hearing notice

OWCP said R.L. abandoned a requested hearing and was at fault for a $1,701.28 compensation overpayment. R.L. had previously told OWCP that mail addressed to West Germany could be returned and supplied his correct address. The Board found that OWCP used the incorrect address for the hearing notice…

April 12, 2013 ·ECAB
Remanded
COMM

A.J. and U.S. Postal Service, Post Office, Tuscaloosa, AL

A.J. (ECAB 13-109): Schedule award denied without link to accepted back strain

A.J., a postal carrier, hurt her back while catching sliding mail tubs, and OWCP accepted a lumbar strain. She later had back surgery and sought a schedule award based on leg symptoms. OWCP’s medical adviser calculated four percent left leg impairment, but the surgery and related conditions had not…

April 12, 2013 ·ECAB
Affirmed
COMM

M.C. and Department of Veterans Affairs, Hudson Valley Health Care System, Castle Point, NY

M.C. (ECAB 13-80): Emotional condition claim returned for review of statement

M.C. sought benefits for an emotional condition and later requested reconsideration. OWCP said it had received no new relevant evidence, although it had received her seven-page statement identifying claimed work factors. The Board held that OWCP had to consider evidence in its possession before…

April 12, 2013 ·ECAB
Remanded
COMM

J.D. and Department of the Army, U.S. Army Installation Management Agency, Fort Dix, NJ

J.D. (ECAB 12-1872): Referee selection records missing from impairment case

J.D. challenged the rating for a right leg schedule award. An earlier Board decision had already required OWCP to resolve a medical conflict using a properly selected referee physician. OWCP chose a new physician, but the record contained only an appointment notice and no evidence showing that the…

April 12, 2013 ·ECAB
Remanded
COMM

M.C. and Department of Veterans Affairs, Veterans Health Administration, Saint Cloud, MN

M.C. (ECAB 12-1778): Hearing denial set aside after claim decision mailed to wrong address

M.C. filed a traumatic injury claim and told OWCP her address was in Saint Joseph, Minnesota. OWCP denied the claim but mailed the decision to Saint Cloud, where it could not be delivered. It later rejected her hearing request as more than 30 days after the mailed decision. The Board held that OWCP…

April 12, 2013 ·ECAB
Remanded
COMM

C.S. and U.S. Postal Service, Post Office, Lorain, OH

C.S. (ECAB 12-1574): Impairment rating returned; award start date upheld

C.S., a postal carrier with an accepted elbow injury, had received schedule awards totaling 28 percent right arm impairment. OWCP later reduced the rating to 15 percent and declared a $28,495.81 overpayment. The Board agreed that the earlier 28 percent calculation incorrectly combined ratings from…

April 12, 2013 ·ECAB
Mixed result
COMM

The Lincoln Electric Company

In re The Lincoln Electric Company (EAB TSCA 13-01C): consent agreement ratified

The Lincoln Electric Company was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered Lincoln Electric to comply with all terms of…

April 11, 2013 ·EPA EAB
Settled
COMM

AboveNet Communications, Inc.

In re AboveNet Communications, Inc. (EAB EPCRA 13-01C and CWA 13-01C): consent agreement ratified

AboveNet Communications, Inc. was the respondent in consolidated EPA proceedings under the Emergency Planning and Community Right-to-Know Act and the Clean Water Act. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered AboveNet…

April 11, 2013 ·EPA EAB
Settled
COMM

W.H. and U.S. Postal Service, Post Office, Edison, NJ

W.H. (ECAB 13-328): Benefits termination set aside over referee selection

W.H., a postal maintenance mechanic, received benefits for an accepted shoulder injury and cervical strain. OWCP ended the benefits after an impartial examiner said the work injury had resolved. The record showed several earlier physicians were bypassed during examiner selection without recorded…

April 11, 2013 ·ECAB
Remanded
COMM

R.P. and U.S. Postal Service, Post Office, Redwood City, CA

R.P. (ECAB 13-236): Wage-loss reduction based on receptionist work upheld

R.P., a postal carrier with an accepted back strain, received total disability benefits after her modified job ended. She completed vocational training and briefly worked as a receptionist but resigned because she said the job required too much sitting and caused pain. OWCP reduced her compensation…

April 11, 2013 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, Auburn, CA

J.M. (ECAB 13-27): Termination of back injury benefits upheld

J.M., a postal carrier, received benefits for a lumbar strain and aggravation of degenerative disc disease after pushing a parcel hamper. OWCP later relied on an orthopedic examiner who found the temporary work aggravation had ended and attributed current symptoms to underlying degeneration. The…

April 11, 2013 ·ECAB
Affirmed
COMM

N.C. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA

N.C. (ECAB 12-1718): Disability claim denied after accepted fall injuries resolved

N.C., an IRS employee, fell from a chair at work and sustained accepted facial contusions and a neck fracture. She claimed disability compensation for a later period, and her attorney challenged the selection of OWCP’s impartial examiner. The Board found that OWCP documented its physician rotation…

April 11, 2013 ·ECAB
Affirmed

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.