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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T.T. and U.S. Postal Service, Post Office, Jersey City, NJ
T.T. (ECAB 12-1358): Two percent left arm impairment award upheld
T.T., a postal mail processor, injured his left thumb and radial nerve when a mail cart struck him. OWCP awarded a total of two percent left arm impairment after an impartial examiner rated the sensory nerve injury. T.T. argued that the examiner used the wrong rating table and was not selected…
H.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Marion, IL
H.D. (ECAB 12-1246): Emotional condition claim denied for lack of evidence linking cubicle to illness
H.D., a VA nurse, said working in a small cubicle worsened anxiety and claustrophobia. The Board recognized that an employee’s reaction to the actual physical work environment can qualify under FECA, so OWCP’s reliance on a case about preference for a position was misplaced. But H.D. did not…
J.K. and Department of the Army, Letterkenny Army Depot, Chambersburg, PA
J.K. (ECAB 12-1242): Treatment claim remanded; leg impairment award denied
J.K., an Army depot repairer, sought more treatment and a leg impairment award after an accepted shoulder and low back injury. OWCP’s own second opinion physician linked several conditions to the work event, but OWCP had not asked him whether those conditions required more treatment. The Board held…
J.F. and Department of Veterans Affairs, Atlanta Veterans Administration Medical Center, Decatur, GA
J.F. (ECAB 12-955): Late reconsideration denial upheld; recurrence claim remains open
J.F., a VA cook, had an accepted chronic nail condition, but OWCP ended his benefits in December 2008. He sought reconsideration more than a year later after reporting a new infection. The Board found the request untimely and insufficient to show clear error in the earlier termination. It also…
E.S. and Department of the Interior, National Park Service, Amistad National Recreation Area, Del Rio, TX
E.S. (ECAB 12-596): Board restores claim for injury during temporary assignment
E.S., a National Park Service equipment operator based in Texas, was injured in a traffic collision while returning to lodging during a lengthy detail in South Carolina. OWCP initially accepted his neck injury but later withdrew acceptance under the ordinary commuting rule. The Board found that…
K.A., claiming as widow of S.A., and Department of Defense, Defense Education Activity, Arlington, VA
K.A. (ECAB 13-274): Survivor benefits denial upheld for lack of medical link
K.A. sought survivor benefits after her husband, a former federal teacher with accepted work-related emotional conditions, died of a myocardial infarction in 2007. A physician proposed that work stress caused hypertension and later heart disease. The Board found that the report relied on general…
L.W. and U.S. Postal Service, Post Office, Grand Junction, CO
L.W. (ECAB 13-147): Refusal to reopen leg impairment claim upheld
L.W., a postal carrier with an accepted lumbar disc condition, had sought a schedule award for leg impairment. OWCP denied the award after its medical adviser found no objective evidence connecting a rated hip condition to the accepted back injury. In requesting reconsideration, L.W. repeated that…
J.B. and U.S. Postal Service, Post Office, Jersey City, NJ
J.B. (ECAB 13-141): Three percent right arm impairment award upheld
J.B., a postal mail handler with accepted right shoulder tendinitis, sought an increase beyond her three percent schedule award. Her physician rated the arm at 12 percent, while OWCP’s examiner rated it at three percent. A referee physician reviewed her surgery and examination and applied the…
D.T. and U.S. Postal Service, Processing & Distribution Center, Columbia, SC
D.T. (ECAB 13-140): Workplace incident recognized, hernia claim still denied
D.T., a postal employee, reported pain while unloading a truck and claimed a ventral hernia. An earlier Board decision had established that the workplace incident occurred but had found no sufficient medical proof of an injury caused by it. On reconsideration, his surgeon said the event aggravated…
D.S. and U.S. Postal Service, Bulk Mail Center, Cincinnati, OH
D.S. (ECAB 13-85): Reconsideration denied when cited declarations were absent
D.S., a postal mechanic, claimed an emotional condition arising from alleged workplace harassment. After OWCP denied the claim, his attorney argued that two sworn declarations had been overlooked. The Board’s limited review found that no declarations accompanied the earlier filing or the latest…
A.S. and Department of Transportation, Federal Aviation Administration, Houston, TX
A.S. (ECAB 12-1941): Hearing loss claim returned for impartial examination
A.S., an air traffic control specialist, reported left ear symptoms after a loud tone came through work equipment. His treating physicians attributed hearing loss to the incident, while OWCP’s examiner said the sound was insufficient to cause hearing loss. The Board found the opposing medical…
J.W. and U.S. Postal Service, Airport Post Office, Tampa, FL
J.W. (ECAB 12-1595): Shoulder ratings upheld; award payment rate returned for explanation
J.W., a postal mail handler, sought a larger award for both shoulders after an accepted injury. His physician and OWCP’s medical adviser each rated five percent impairment per arm under the relevant shoulder grid, and the Board found no evidence supporting a greater rating. It rejected a…
D.T. and U.S. Postal Service, Post Office, Austintown, OH
D.T. (ECAB 12-1534): Emotional condition claim denied despite covered workplace altercation
D.T., a postal supervisor, reported anxiety after a confrontation with a subordinate over delivery instructions. The Board found that the verbal exchange and some physical contact occurred while she was performing her duties and counted as a compensable work factor. The medical reports, however…
R.R. and U.S. Postal Service, Post Office, Vineland, NJ
R.R. (ECAB 12-1184): Thirteen percent left arm impairment award upheld
R.R., a postal carrier, had accepted shoulder, wrist, and nerve conditions after a work injury. He received a 10 percent left arm schedule award and later an additional three percent. A referee physician rated the shoulder, ulnar nerve, and carpal tunnel components under the sixth edition…
K.W. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
K.W. (ECAB 13-420): Shoulder injury claim denied for lack of medical explanation
K.W., a transportation security officer, tripped over cement blocks at work and later sought benefits for a left shoulder condition. OWCP accepted that the fall occurred but found the medical evidence insufficient to establish an injury caused by it. The Board found that her physician’s possible…
M.V. and U.S. Postal Service, Post Office, Maplewood, NJ
M.V. (ECAB 13-410): Achilles tendon benefits termination upheld
M.V., a postal carrier, received benefits for right Achilles tendinitis attributed to extensive walking and standing at work. OWCP’s orthopedic examiner found normal gait, strength, and tendon examination and concluded the accepted condition had resolved. M.V.’s treating podiatrist advised against…
L.S. and Department of Homeland Security, Immigration & Customs Enforcement, Detroit, MI
L.S. (ECAB 13-343): Refusal to reopen back injury claim upheld
L.S., an immigration agency lobby assistant, claimed back and leg injuries from lifting files and other office tasks. OWCP denied the claim after finding she had not established the claimed work activities, and she later requested reconsideration. L.S. repeated her account and said she would send…
T.S. and U.S. Postal Service, Post Office, Federal Way, WA
T.S. (ECAB 13-227): Disability and consequential condition denials upheld
T.S., a postal worker with an accepted leg fracture and later accepted foot conditions, sought wage-loss compensation after foot surgery. His physician described lasting limits but did not explain why the accepted conditions prevented the modified work during the claimed period; some reports also…
C.G. and Department of Commerce, U.S. Census Bureau, Dallas, TX
C.G. (ECAB 13-36): Heartburn claim and attendant care request denied
C.G., a census enumerator, had accepted knee, back, and neck injuries after a workplace fall. She said medications caused permanent heartburn and requested help after knee surgery because she lived alone. The digestive report did not identify a causal link to her injury or medicines. Her physicians…
B.G. and U.S. Postal Service, Post Office, New Orleans, LA
B.G. (ECAB 12-1944): Vehicle crash injury claim returned for medical development
B.G., a postal carrier, was rear-ended while working and reported neck and back symptoms. OWCP accepted that the crash occurred but denied the claim for lack of medical proof of an injury. The Board found same-day reports diagnosing cervical and lumbar strains consistent with the crash history and…
R.H. and Department of the Air Force, Idaho Air National Guard, Boise, ID
R.H. (ECAB 12-1085): Resolved back injury finding reversed
R.H., an aircraft mechanic, had an accepted back disc bulge after stepping on a flashlight at work. OWCP labeled the accepted condition resolved while keeping the claim open. A physician who examined R.H. for the Department of Veterans Affairs described the condition as resolved but also identified…
L.D. and Department of Transportation, Federal Aviation Administration, Petaluma, CA
L.D. (ECAB 12-816): Suitable work benefits termination reversed
L.D., an FAA employee with accepted back conditions, was offered an administrative job about 70 miles from his home. He said his back condition and medications made the commute impractical, and evidence showed public transit would take over three hours each way. The Board found OWCP had not…
Diamond Creek Mill, Inc.
Default reopened after show-cause order was misaddressed
Diamond Creek Mill defaulted after failing to answer a penalty petition and then failing to respond to a show-cause order. The operator said it never received the show-cause order because the envelope carried an incorrect ZIP code, and the Secretary did not oppose reopening. The Commission reopened…
Hanson Aggregates Southeast, LLC
Default vacated after quarry mail failure
Hanson Aggregates defaulted after a penalty petition sent to a small quarry was not forwarded to the regional office or counsel, and the later show-cause order was returned because the site had no mail receptacle. Counsel learned of the petition from MSHA and moved to reopen after being told that…
CVB Industrial Contracting, Inc.
Default vacated after response was sent to MSHA
CVB Industrial Contracting defaulted after the Commission did not receive its answer to a show-cause order. The operator had responded on time but mistakenly sent the response to MSHA instead of the Commission, and the Secretary did not oppose reopening. In the interest of justice, the Commission…
S.C. and U.S. Postal Service, Post Office, Fort Worth, TX
S.C. (ECAB 13-385): Overpayment reduced to unresolved ten-day period
S.C. returned to full postal duty but continued receiving disability compensation. She returned three checks and gave the Department of Labor a money order covering another payment, which OWCP did not account for when it declared an overpayment. The Board found she had repaid compensation received…
L.F. and U.S. Postal Service, Post Office, Tipton, IN
L.F. (ECAB 13-293): Crash established but injury claim denied without medical proof
L.F., a rural postal carrier, reported a rear-end collision while working. OWCP denied her claim because it said the incident was unproven. The Board disagreed on that point: L.F.’s account was consistent with her immediate work stoppage and the employer did not dispute the crash. But the record…
H.W. and Department of Veterans Affairs, Canandaigua Veterans Medical Center, Canandaigua, NY
H.W. (ECAB 13-273): Back injury claim denied for lack of reasoned medical opinion
H.W., a nursing assistant at a veterans medical center, reported back and leg pain after turning while walking a patient. OWCP accepted that the workplace incident occurred but denied her injury claim for lack of medical proof linking it to her condition. Two physicians diagnosed back conditions…
R.M. and U.S. Postal Service, Post Office, Lake Havasu, AZ
R.M. (ECAB 13-264): Emotional condition claim denied for lack of a compensable work factor
R.M., a postal clerk, attributed stress, depression, and anxiety to schedule changes, a desk move, and alleged harassment by a postmaster. OWCP denied her claim because she had not established a compensable employment factor. The Board found no evidence that management erred or abused its authority…
L.H. and U.S. Postal Service, Post Office, Raleigh, NC
L.H. (ECAB 13-261): Aneurysm and embolic condition claim denied after prior injury
L.H., a postal mail expeditor, was struck by a heavy mail bin, and OWCP accepted a back contusion and a left leg abrasion. He later sought to connect an abdominal aortic aneurysm and embolic condition to that incident. An earlier Board decision had reversed termination of benefits for the accepted…
T.B. and Department of Veterans Affairs, Veterans Administration Hospital, Philadelphia, PA
T.B. (ECAB 13-206): Knee condition claim sent back to resolve conflicting medical opinions
T.B., a hospital housekeeper, claimed repetitive cleaning work aggravated preexisting degenerative disease in both knees. OWCP denied the claim after obtaining a physician’s opinion that the condition was unrelated to his duties. The Board found an unresolved conflict between that physician and…
R.F. and U.S. Postal Service, Post Office, Kansas City, MO
R.F. (ECAB 13-0168): Hernia claim denial affirmed
R.F., a postal tractor trailer operator, reported groin pain after opening a trailer door at work and was diagnosed with a right inguinal hernia. OWCP accepted that the door incident occurred but denied his injury claim for lack of medical evidence connecting the hernia to that incident. The Board…
R.C. and Department of Defense, Navy Public Works Center, Oakland, CA
R.C. (ECAB 12-1788): Attendant care allowance denial affirmed
R.C., a former Navy crane operator, had accepted right hand conditions and sought payment for help after carpal tunnel surgery. He said he needed assistance with bathing, dressing, feeding, transportation, and household tasks. OWCP denied an attendant allowance, finding insufficient medical proof…
Otis Elevator Company
Lockout coordination item affirmed
An Otis mechanic injured his hand while unjamming a freight-elevator gate at a department store. The Commission held that the lockout/tagout standard applied because the jammed gate stored gravitational energy that could release unexpectedly during servicing, even though the mechanic expected the…
Oak Grove Resources, LLC
Runaway supply cars supported safeguard and individual liability
An Oak Grove supervisor used a scoop-mounted winch and cable to move three supply cars on underground track. A side-rail weld failed, and the cars ran uncontrolled for about 3,900 feet while a miner escaped into a spur track. Judge William B. Moran held that the mine's safeguard validly required…
Drum Sand & Gravel, Inc.
Four citations vacated and penalties sharply reduced
MSHA issued nine citations at Drum Sand & Gravel's small Arkansas mine and proposed $13,750 in penalties. Judge Jeffrey Tureck vacated the opaque-loader-window citation because the Secretary did not prove that the remaining opening impaired safe visibility, and he vacated the track-hoe alarm…
M.K. and U.S. Postal Service, Post Office, Agawam, MA
M.K. (ECAB 13-0364): Schedule award denial affirmed
M.K., a postal mail carrier, had an accepted right shoulder tendon injury and sought a schedule award for permanent impairment. OWCP denied the award because it had received no medical rating of impairment to his right arm. The Board found that his surgeon described functional limits but did not…
T.E. and U.S. Postal Service, Post Office, PA
T.E. (ECAB 13-0348): Denial of reconsideration affirmed
T.E., a postal mail handler, sought compensation for bilateral carpal tunnel syndrome attributed to repetitive work. OWCP had denied the claim because the medical evidence did not adequately connect the condition to his duties. T.E. requested reconsideration and supplied a physician’s short letter…
A.S. and U.S. Postal Service, Post Office, Charlotte, NC
A.S. (ECAB 13-0287): Emotional condition claim denial affirmed
A.S., a postal mail handler, reported an anxiety attack after being told that people watched him during work and breaks. OWCP denied his claim for an emotional condition. The Board found that his description did not give enough detail to establish a specific work incident, despite OWCP’s statement…
H.H. and U.S. Postal Service, Main Post Office, Loma Linda, CA
H.H. (ECAB 13-0218): Continuation of pay denial affirmed
H.H., a postal city carrier, injured his right thumb in a motorcycle fall in the employee parking lot shortly before his shift. OWCP accepted the injury as work related but denied continuation of pay because he filed his written injury claim more than two months later. H.H. said he had reported the…
W.F. and Department of the Army, Red River Army Depot, Texarkana, TX
W.F. (ECAB 13-0174): Wage earning capacity ruling left in place
OWCP had determined W.F.’s wage earning capacity using a cashier position. W.F. sought to change that determination, arguing that hearing loss, intellectual limitations, and a worsening accepted arm injury prevented him from doing the job. The Board found that OWCP had considered his hearing loss…
G.M. and Department of the Air Force, Randolph Air Force Base, TX
G.M. (ECAB 13-0077): Hearing loss schedule award denial affirmed
G.M., an Air Force sheet metal mechanic and inspector, had accepted left ear hearing loss from workplace noise. OWCP denied a schedule award because the measured loss was below the level rated as permanent hearing impairment under its adopted medical guide. The Board calculated an average left ear…
Y.B. and U.S. Postal Service, Post Office, Oakland, CA
Y.B. (ECAB 12-1939): Emotional condition denial affirmed with an added work factor
Y.B., a postal transit mail expediter, claimed anxiety and depression arising from several workplace disputes and disciplinary actions. OWCP recognized one compensable work factor, a suspension affected by supervisory error, but denied the claim for lack of medical proof connecting it to her…
K.G. and U.S. Postal Service, Post Office, Neptune, NJ
K.G. (ECAB 12-1867): Termination of foot injury benefits affirmed
K.G., a postal city carrier, received benefits for a right foot sprain sustained while delivering mail. OWCP ended her wage loss and medical benefits after an impartial orthopedic specialist found that the accepted sprain had resolved. The Board found his opinion sufficiently reasoned to resolve…
K.W. and U.S. Postal Service, Post Office, Columbus, IN
K.W. (ECAB 12-1467): Benefit termination reversed, shoulder claim denial upheld
K.W., a postal clerk, received benefits for a cervical strain and closed head injury after a cart struck her at work. OWCP terminated those benefits and separately denied her request to add a bilateral shoulder condition. The Board found OWCP had relied on an examiner as an impartial specialist to…
D.A.S. Sand & Gravel
Default reopened after timely answer and returned order
D.A.S. Sand & Gravel timely answered a penalty petition through MSHA but later did not receive the Commission's show-cause order because its owner was away and the post office returned the letter. The operator acted after receiving delinquency and Treasury notices, and the Secretary did not oppose…
Harry C. Crooker & Sons, Inc.
Default reopened after response went to wrong address
Harry C. Crooker & Sons defaulted after its response to a show-cause order was mailed to the wrong address. The safety director said he was the office's only worker and would identify future due dates clearly, and the Secretary did not oppose reopening. The Secretary warned that future use of…
Cumberland Quarry Corp.
Default reopened after timely answer and undelivered order
Cumberland Quarry timely answered a penalty petition but sent the answer only to MSHA, not the Commission. The operator did not receive the later show-cause order because it was returned for lack of a mail receptacle, and its consultant acted after discovering the delinquency in MSHA's online…
Apogee Coal Company, LLC
Judge's default order vacated after unopposed reopening request
Apogee Coal defaulted after the Commission did not receive its answer to a penalty petition. The operator said it had answered on time and did not obtain the judge's show-cause order until months after delivery, when it contacted MSHA about a delinquency notice. The Secretary did not oppose…
Eagle Creek Mining, LLC
Timely answer restored after docketing failure
Eagle Creek Mining was placed in default for an apparent failure to answer the Secretary's penalty petition. The operator produced an answer showing that the Commission had date-stamped it as received on time, although it was not docketed and the Secretary had not received a copy. The Commission…
Kvaerner Industrial
Construction, Inc. (FMSHRC WEST 2012-347-M): Timely show-cause response restored
Kvaerner Industrial Construction faced default after failing to answer a penalty petition. The operator responded to two identical show-cause orders on time, and the Commission's record confirmed receipt four days later. The Secretary did not oppose reopening and confirmed that MSHA also received…
Harrison Construction Company, Division of APAC-Atlantic, Inc.
Default reopened after counsel missed mailed filings
Harrison Construction defaulted after its counsel did not receive the penalty petition or show-cause order, although both were mailed to the operator's address of record. Counsel contacted MSHA promptly after receiving a delinquency notice, and the Secretary did not oppose reopening. The Secretary…
Rare Red Rock
Default reopened after owner's death disrupted correspondence
Rare Red Rock defaulted after failing to answer a penalty petition and show-cause order. The company said its owner died shortly before the default became effective, after which its vice president took responsibility for MSHA correspondence and independent counsel was hired. The Secretary did not…
Howard Sheppard, Inc.
Default reopened to allow settled case to proceed
Howard Sheppard defaulted even though it said it had answered the penalty petition and later negotiated a settlement with MSHA. The Secretary did not oppose reopening for the limited purpose of allowing a previously filed settlement motion to be considered, and confirmed that the case had been…
Robinson Construction
Default reopened after claimed answer was not received
Robinson Construction defaulted after the Commission did not receive an answer to the Secretary's penalty petition. The operator said it had sent an answer without certified-mail tracking and that its safety director was unfamiliar with the contest process, while the Secretary confirmed that MSHA…
D.M. and U.S. Postal Service, Post Office, Birmingham, AL
D.M. (ECAB 13-0238): Denial of reconsideration affirmed
D.M., a postal mail handler, had claimed neck and shoulder conditions from repetitive work, and OWCP denied that claim. He later requested reconsideration and submitted treatment notes and a surgical report concerning his shoulder and neck conditions. The Board found those records duplicated…
M.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Biloxi, MS
M.D. (ECAB 13-0225): Training injury claim denial affirmed
M.D., a VA police officer, reported a left shoulder injury during self defense training in March 2011. The Board did not dispute that he attended training, but found he had not described a specific incident or series of incidents clearly enough to establish what happened. His physicians referred to…
E.T. and Department of Labor, Mine Safety & Health Administration, Hueytown, AL
E.T. (ECAB 13-0185): Denial of further treatment for neck condition affirmed
E.T., a federal mine inspector, had an accepted cervical spine subluxation from a 2004 work injury and later sought payment for renewed chiropractic treatment. He reported neck, shoulder, and arm symptoms years after his initial care ended. His chiropractor observed that the 2012 treatment involved…
P.O. and Department of Homeland Security, Immigration & Customs Enforcement, San Francisco, CA
P.O. (ECAB 13-0092): Untimely reconsideration request denied
P.O., a federal special agent, had an injury claim denied by OWCP in April 2008. He requested reconsideration in May 2012 and submitted a physician’s report discussing an aggravation during training. The Board found the request was more than a year late. It found the report offered some support for…
T.F. and Department of the Navy, Marine Corps Stations, Camp LeJeune, NC
T.F. (ECAB 13-0024): Right leg schedule award rating affirmed
T.F., a Navy coal handling equipment operator, had an accepted right knee injury and later underwent a knee replacement. OWCP rated his total right leg impairment at 23 percent and granted an additional 6 percent schedule award after subtracting an earlier 17 percent award. T.F. sought a higher…
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.