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

B.T. and Department of Veterans Affairs, Albany Stratton Veterans Administration Medical Center, Albany, NY

B.T. (ECAB 13-0138): Work incident recognized, injury claim still denied

B.T., a VA housekeeping aide, said he hurt his back while moving a bag of waste at work. OWCP denied his claim because it found that the incident had not been established. The Board found that his consistent account and subsequent actions showed the incident did occur. It still denied the claim…

March 20, 2013 ·ECAB
Modified
COMM

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

K.K. (ECAB 13-0071): Cervical condition excluded from accepted claim

K.K., a postal mail handler, had an accepted lumbar strain after moving mail at work in May 2002. He later sought to add a cervical condition to that claim. The Board found that a treating doctor's statements connecting neck symptoms to the injury were equivocal or lacked an explanation. Other…

March 20, 2013 ·ECAB
Affirmed
COMM

T.K. and Defense Agencies, Pentagon Force Protection Agency, Alexandria, VA

T.K. (ECAB 13-0045): Shooting qualification injury claim denied

T.K., a Pentagon Force Protection Agency police officer, said shotgun recoil during a work qualification exercise injured her right arm. OWCP accepted that the shooting incident occurred but denied the claim. The Board found that the physicians diagnosed arm conditions without a full account of the…

March 20, 2013 ·ECAB
Affirmed
COMM

G.E. and Small Business Administration, Herndon, VA

G.E. (ECAB 12-1802): Kidney stone disability compensation denied

G.E., a Small Business Administration field inspector, had an accepted claim for heat exhaustion after working in hot conditions. He sought wage-loss compensation beginning January 8, 2009 because of kidney stones. The Board gave special weight to an impartial physician's reasoned opinion that his…

March 20, 2013 ·ECAB
Affirmed
COMM

B.O. and Department of the Interior, National Park Service, Grand Canyon, AZ

B.O. (ECAB 12-1753): Disability compensation and reconsideration denied

B.O., a National Park Service criminal investigator, had an accepted claim for post-traumatic stress disorder and recurrent major depression related to his work. He sought wage-loss compensation for periods beginning in September 2008. The Board found that the medical records did not establish…

March 20, 2013 ·ECAB
Affirmed
COMM

S.B. and U.S. Postal Service, Irving Park Road Processing and Delivery Center, Chicago, IL

S.B. (ECAB 12-1675): Overpayment finding sent back for proof of payment

S.B., a postal mail handler, returned to full-time limited-duty work after treatment for accepted carpal tunnel syndrome. OWCP said it had paid her $1,171.72 in total disability compensation after that return and found her at fault for the overpayment. The Board found that the record lacked an…

March 20, 2013 ·ECAB
Remanded
COMM

D.L. and Department of Labor, Occupational Safety and Health Administration, Fort Worth, TX

D.L. (ECAB 12-1672): Termination of injury benefits affirmed

D.L., an OSHA safety specialist, had accepted neck and back sprains from a work-related vehicle accident. OWCP ended her wage-loss and medical benefits after an impartial orthopedic examination. The Board gave that examination special weight, finding that it supported no continuing work-related…

March 20, 2013 ·ECAB
Affirmed
COMM

T.C. and Department of the Interior, Fish and Wildlife Service, Hadley, MA

T.C. (ECAB 12-1311): Retirement offset overpayment upheld

T.C., a Fish and Wildlife Service employee, received FECA wage-loss compensation and Social Security retirement benefits that included a federal service component. OWCP found that it had failed to apply the required retirement offset, creating a $14,484.12 overpayment. The Board affirmed the amount…

March 20, 2013 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Airmail Center, Jamaica, NY

L.S. (ECAB 12-1012): Stair fall claim sent back for medical development

L.S., a postal clerk, fell while walking up stairs at work and claimed head, neck, shoulder and back injuries. OWCP denied the claim for lack of proof that the fall caused her diagnosed conditions. The Board found that three physicians gave opinions connecting the fall to her conditions. Although…

March 20, 2013 ·ECAB
Remanded
COMM

Mesabi Nugget Delaware, LLC

In re Mesabi Nugget Delaware, LLC (EAB NPDES Appeal Nos. 13-01 through 13-03): Petitions dismissed for lack of jurisdiction

EPA Region 5 approved a water-quality-standards variance issued by the Minnesota Pollution Control Agency for Mesabi Nugget Delaware, LLC. WaterLegacy, the Minnesota Center for Environmental Advocacy, and two tribal nations asked the EAB to review that approval. The Board held that its regulations…

March 19, 2013 ·EPA EAB
Procedural
COMM

K.A. and U.S. Postal Service, Fox Chase Post Office, Philadelphia, PA

K.A. (ECAB 12-1210 and 13-516): Four limb impairment awards affirmed

K.A., a postal letter carrier, had accepted neck and back injuries and bilateral carpal tunnel syndrome. She received schedule awards for 12 percent right arm impairment, 10 percent left arm impairment, and six percent impairment of each leg. She sought higher ratings based on her physician's…

March 19, 2013 ·ECAB
Affirmed
COMM

D.M. and Department of Health and Human Services, Indian Health Service, Billings, MT

D.M. (ECAB 13-0165): Rescission of accepted housing injury upheld

D.M., an Indian Health Service administrative officer, slipped while doing laundry at a government apartment complex where he lived. OWCP initially accepted a lumbar disc injury but later rescinded that acceptance. The Board found that D.M. was neither required nor expected to live in government…

March 19, 2013 ·ECAB
Affirmed
COMM

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

J.L. (ECAB 13-0066): Bilateral leg impairment awards upheld

J.L., a Postal Service motor vehicle operator, injured his left knee in a fall at work, and OWCP accepted a right knee condition as a consequence. OWCP awarded a total of 18 percent impairment of his right leg and 16 percent of his left. J.L.'s physician proposed higher ratings, but an OWCP medical…

March 19, 2013 ·ECAB
Affirmed
COMM

R.F. and U.S. Postal Service, Post Office, Eau Claire, WI

R.F. (ECAB 12-1837): Spinal rating did not establish an arm schedule award

R.F., a Postal Service distribution clerk, had accepted temporary aggravations of cervical and left arm conditions and underwent authorized neck surgery. His physician rated five percent impairment of the cervical spine, but did not rate impairment of either arm. The Board explained that FECA does…

March 19, 2013 ·ECAB
Affirmed
COMM

K.U. and U.S. Postal Service, Halthorpe Branch, Baltimore, MD

K.U. (ECAB 12-1406): Pay for an unapproved medical visit denied

K.U., a postal letter carrier with accepted bilateral carpal tunnel syndrome, sought to change to a hand surgeon and claimed four hours of pay for an appointment with him. OWCP had not accepted her left thumb arthritis as work related and had requested more information before approving a physician…

March 19, 2013 ·ECAB
Affirmed
COMM

G.G. and U.S. Postal Service, Post Office, Kearny, NJ

G.G. (ECAB 12-1119): Injury claim denied after finding of willful misconduct

G.G., a postal employee, claimed injury in a confrontation with her supervisor after returning to the workplace while off duty. OWCP denied the claim on grounds of willful misconduct, and G.G. disputed who initiated the confrontation. The Board found that the 911 call and witness accounts supported…

March 19, 2013 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Fountain Inn, SC

D.M. (ECAB 12-1002): Claimed recurrence of knee disability denied

D.M., a postal mail handler, had accepted right knee injuries and returned to modified-duty work in November 2010. She claimed that the knee condition worsened and disabled her beginning January 5, 2011. The Board found that her physician described pain and work restrictions but did not identify…

March 19, 2013 ·ECAB
Affirmed
COMM

L.T. and U.S. Postal Service, Post Office, Middletown, CA

L.T. (ECAB 12-0615): Left shoulder impairment award sent back for clarification

L.T., a postmaster with accepted left shoulder conditions, received a schedule award for seven percent impairment of her left arm. An OWCP referral physician rated 14 percent using shoulder range of motion, but an OWCP medical adviser preferred a diagnosis-based rating and rejected the other…

March 19, 2013 ·ECAB
Remanded
COMM

R.H. and U.S. Postal Service, Post Office, Kansas, MO

R.H. (ECAB 12-0501): Wage-loss termination reversed and returned to OWCP

R.H., a postal custodian with accepted back and knee conditions, received wage-loss compensation before OWCP terminated it. His physician briefly released him to regular work after viewing a surveillance video, then returned him to a permanent light-duty restriction after a functional capacity…

March 19, 2013 ·ECAB
Remanded
COMM

K.K. and Department of the Interior, Glacier National Park, St. Mary, MT

K.K. (ECAB 13-0217): Later hip symptoms not linked to accepted injury

K.K., a Glacier National Park mechanic, injured his right hip while changing a tire at work in 2009 and returned to full duties. He later reported hip and leg symptoms while driving and claimed a recurrence beginning in July 2011. Because he did not stop work, the Board treated the claim as a…

March 18, 2013 ·ECAB
Affirmed
COMM

A.P. and U.S. Postal Service, Post Office, Houma, LA

A.P. (ECAB 13-0030): Wage-loss termination reversed after improper physician contact

A.P., a postal worker receiving wage-loss compensation for accepted neck and wrist conditions, rejected an offered modified clerk job. OWCP terminated her compensation using her physician's work-capacity opinion after Postal Service investigators met him in person and showed him surveillance…

March 18, 2013 ·ECAB
Vacated
COMM

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

M.R. (ECAB 12-1968): Knee surgery and related wage-loss claims denied

M.R., a postal letter carrier, had an accepted right knee sprain from a 2006 incident and underwent knee replacement surgery in 2012. He sought authorization for the surgery and wage-loss compensation for time off during recovery. The Board credited an OWCP medical adviser who found that the…

March 18, 2013 ·ECAB
Affirmed
COMM

R.M. and Department of the Navy, Naval Air Systems Command, Cherry Point, NC

R.M. (ECAB 12-1910): Late reconsideration request did not show clear error

R.M., a Navy sheet metal mechanic, sought reconsideration of OWCP's termination of compensation for an accepted back condition. He filed more than one year after OWCP's last merit decision and submitted a physician's new report attributing worsening disc disease to his work. The Board found that…

March 18, 2013 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Carrier Annex, Lorain, OH

C.S. (ECAB 12-1878): Arm award overpayment finding reversed

C.S., a postal letter carrier, had received schedule awards totaling 28 percent impairment of his right arm. OWCP later rated impairment at 15 percent and found that the difference created a $28,495.81 overpayment. The Board found that OWCP's new rating relied on elbow range of motion without…

March 18, 2013 ·ECAB
Vacated
COMM

D.G. and Department of Veterans Affairs, Veterans Affairs Medical Center, Iron Mountain, MI

D.G. (ECAB 12-1794): Health premium debt upheld; waiver sent back

D.G., a Veterans Affairs medical clerk receiving partial disability compensation, owed health insurance premiums that OWCP had failed to deduct from her payments. The Board affirmed the $10,320.46 overpayment amount. OWCP had found D.G. without fault. It found no evidence that OWCP sent her the…

March 18, 2013 ·ECAB
Remanded
COMM

S.H. and Department of Veterans Affairs, Veterans Administration Hospital, Minneapolis, MN

S.H. (ECAB 12-1666): Longstanding back injury benefits termination upheld

S.H., a former Veterans Affairs nurse, received partial disability compensation for decades after an accepted back injury in 1963. OWCP later terminated wage-loss and medical benefits based on an impartial orthopedic specialist's opinion that the accepted strain and any work-related aggravation had…

March 18, 2013 ·ECAB
Affirmed
COMM

E.R. and Department of Commerce, 2010 Decennial Census, Austin, TX

E.R. (ECAB 12-1577): Census worker overpayment calculation sent back

E.R., a census worker, received compensation after an accepted ankle injury. OWCP said it overpaid her $8,004.94 because it had paid for intermittent hours rather than using a standard formula for some census employees. The Board found that E.R. had worked in the same job for a full year before the…

March 18, 2013 ·ECAB
Remanded
COMM

D.S. and U.S. Postal Service, Post Office, Oklahoma City, OK

D.S. (ECAB 12-1497): Leg impairment ratings returned for further review

D.S., a postal letter carrier with an accepted lumbar strain, received a schedule award for one percent impairment of his left leg. An OWCP second-opinion physician rated one percent impairment of each leg, but an OWCP medical adviser counted only the left leg without explaining the difference. The…

March 18, 2013 ·ECAB
Remanded
COMM

Thomas Cathey v. Service Employees International, Incorporated

Cathey v. Service Employees International (BRB 12-0228R): employer liability clarified after federal reimbursement

The Director of Workers' Compensation Programs sought reconsideration of wording in the Board's earlier Thomas Cathey decision. The earlier ruling suggested that federal acceptance of an employer's reimbursement claim permanently relieved the employer of benefit liability. The Board agreed that…

March 15, 2013 ·BRB
Modified
COMM

E.B. and U.S. Postal Service, Post Office, Camden, NJ

E.B. (ECAB 13-0277): New medical report required review of injury claim

E.B., a postal employee, claimed that years of carrying a mailbag caused shoulder and arm discomfort, but initially submitted no supporting evidence. OWCP denied the claim and later refused to reopen it after he submitted a physician's report describing his work activities, diagnoses, and the…

March 15, 2013 ·ECAB
Remanded
COMM

P.W. and Department of Veterans Affairs, Albuquerque, NM

P.W. (ECAB 13-0170): Unexplained fall at work sent back for medical review

P.W., a Veterans Affairs food service worker, fell while working at a grill and claimed a left knee injury. Witnesses confirmed the fall, but the evidence did not establish that a personal medical condition caused it. The Board treated it as an unexplained fall in the performance of duty and set…

March 15, 2013 ·ECAB
Remanded
COMM

N.F. and Department of Labor, Wage & Hour Division, Orlando, FL

N.F. (ECAB 13-0129): Schedule award denial affirmed after cervical fracture

N.F., a Labor Department compliance specialist, fractured a cervical vertebra in a work related motor vehicle accident. She sought a schedule award for permanent impairment. The Board found no probative medical evidence of a permanent impairment to a scheduled extremity from the accepted fracture…

March 15, 2013 ·ECAB
Affirmed
COMM

L.P. and Department of Defense, Defense Finance & Accounting Services, Indianapolis, IN

L.P. (ECAB 12-1897): Life insurance premium overpayment recovery affirmed

L.P., a retired Defense Department accounting technician receiving disability compensation, kept Post-Retirement Basic Life Insurance, but OWCP did not deduct its premiums for years. The Board found that the missing deductions created a $9,340.05 overpayment. OWCP had told her to report missing…

March 15, 2013 ·ECAB
Affirmed
COMM

S.K. and Environmental Protection Agency, Region III, Philadelphia, PA

S.K. (ECAB 12-1808): Turnstile injury claim denial affirmed

S.K., an EPA environmental engineer, reported back pain after passing through a faulty security turnstile at work. The Board accepted that the turnstile incident occurred but found that the medical evidence did not adequately connect her spinal conditions to it. Her physician did not explain how…

March 15, 2013 ·ECAB
Affirmed
COMM

P.G. and U.S. Postal Service, Post Office, Deptford, NJ

P.G. (ECAB 12-1685): Emotional condition claim sent back for fuller findings

P.G., a postal letter carrier, claimed that workplace events caused or worsened anxiety and depression. OWCP accepted one workplace factor but denied the claim after finding insufficient medical causation. The Board found that OWCP had not made findings on all the incidents P.G. identified…

March 15, 2013 ·ECAB
Remanded
COMM

J.B. and Department of the Navy, Norfolk Naval Base, Norfolk, VA

J.B. (ECAB 12-1632): Overpayment amount and waiver sent back for review

J.B., a Navy crane operator receiving disability compensation, returned to part time work while OWCP continued paying total disability compensation. The Board agreed that an overpayment resulted, but OWCP's calculation did not properly explain the compensation due before his return and the hours…

March 15, 2013 ·ECAB
Remanded
COMM

T.M. and U.S. Postal Service, Post Office, Williamstown, MA

T.M. (ECAB 12-1614): Compensation reduction for refusing rehabilitation affirmed

T.M., a postal worker with accepted elbow conditions, disputed OWCP's finding that he could participate in vocational rehabilitation. A second opinion physician examined him and found he could work with restrictions. The Board found that the physician's detailed report outweighed later reports…

March 15, 2013 ·ECAB
Affirmed
COMM

D.F. and U.S. Postal Service, Post Office, Chicago, IL

D.F. (ECAB 12-1182): Lower limb impairment rating sent back for recalculation

D.F., a postal letter carrier with accepted lumbar disc injuries, sought a larger schedule award for impairment of his legs. OWCP granted an additional 14 percent impairment award based on its medical adviser's report. The Board found that the report did not show whether each lower limb had been…

March 15, 2013 ·ECAB
Remanded
COMM

R.M. and U.S. Postal Service, Post Office, Pittsburgh, PA

R.M. (ECAB 12-0888): Refusal to reopen compensation claim upheld

R.M., a postal carrier with accepted back conditions, asked OWCP to reconsider an earlier decision terminating compensation after he refused a modified job offer. The Board could review only OWCP's later refusal to reopen the claim because his appeal came too late to reach the underlying merits…

March 15, 2013 ·ECAB
Affirmed
COMM

J.M. and Department of Commerce, Census Bureau, Little Rock, AR

J.M. (ECAB 12-0709): Emotional condition claim denial affirmed

J.M., a Census Bureau administrative clerk, claimed that a supervisor's superior behaved abusively toward him and aggravated his existing anxiety and depression. The Board found that the evidence established a workplace conversation and J.M.'s distress afterward, but did not sufficiently…

March 15, 2013 ·ECAB
Affirmed
ALJ

Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.

Briefing ordered on preemption, retaliation, and SLAPP issues

Armstrong filed a Kentucky tort suit against welder Reuben Shemwell after he pursued Mine Act discrimination claims arising from his discharge. Following oral argument on the Secretary's allegation that the lawsuit itself unlawfully interfered with protected rights, Judge Jerold Feldman ordered…

March 14, 2013 ·Jerold Feldman ·FMSHRC
Procedural
COMM

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

M.P. (ECAB 12-1846 and 13-0349): Wage earning capacity decisions sent back

M.P., a postal mail processor with accepted arm and back conditions, sought to change an earlier wage earning capacity determination after her limited duty position was withdrawn. The Board found that OWCP had used its usual modification criteria but had not fully followed the special procedures…

March 14, 2013 ·ECAB
Remanded
COMM

T.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Bay Pines, FL

T.S. (ECAB 12-1953): No schedule award beyond 24 percent left leg impairment

T.S., a Veterans Affairs housekeeping aide, injured her left knee in a workplace fall and later had several operations. OWCP awarded a schedule award based on 24 percent impairment of her left leg, and she sought more. The Board explained that the impairment guide generally uses the highest…

March 14, 2013 ·ECAB
Affirmed
COMM

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

D.C. (ECAB 12-1876): Ten percent right arm impairment award upheld

D.C., a postal rural carrier, had accepted right shoulder injuries and received schedule awards totaling 10 percent impairment of her right arm. She sought a greater award. The Board gave weight to an impartial orthopedic specialist who reviewed her history, accounted for the resection of her…

March 14, 2013 ·ECAB
Affirmed
COMM

D.H. and Department of Agriculture, Fremont National Forest, Lakeview, OR

D.H. (ECAB 12-1827): Recurrence claim sent back for new impartial medical opinion

D.H., a former Agriculture Department employee, claimed a recurrence of disability from accepted lower limb conditions beginning when he retired in 2005. In an earlier appeal, the Board had asked OWCP to clarify whether accepted thrombophlebitis worsened at that time. The impartial physician's…

March 14, 2013 ·ECAB
Remanded
COMM

D.O. and Department of Transportation, Federal Aviation Administration, Hampton, GA

D.O. (ECAB 12-1825): Wage earning capacity determination left in place

D.O., a former air traffic control specialist, received partial disability compensation after OWCP found he could earn wages as a photographer. He sought to change that longstanding wage earning capacity determination. The Board found that his physicians did not explain how his accepted conditions…

March 14, 2013 ·ECAB
Affirmed
COMM

L.G. and Department of the Army, Corps of Engineers, Sacramento, CA

L.G. (ECAB 12-1823): Recurrence claim denial affirmed

L.G., a former Army Corps of Engineers real estate specialist, had accepted neck and shoulder strains from a 2001 work related vehicle accident. He claimed disability beginning with his retirement in 2004. The Board found that his medical reports did not adequately explain how the accepted strains…

March 14, 2013 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Post Office, Largo, FL

R.M. (ECAB 12-1811): Lower limb schedule award limits affirmed

R.M., a postal employee with accepted neck and back conditions, sought an increased schedule award for impairment of his arms and legs. His physician calculated larger ratings using tables the Board found unsuitable for spinal nerve injuries affecting the limbs. The Board gave greater weight to…

March 14, 2013 ·ECAB
Affirmed
COMM

G.U. and U.S. Postal Service, Post Office, Luquillo, PR

G.U. (ECAB 12-1725): Wage loss claim returned for the correct decision

G.U., a postal carrier with an accepted lumbar sprain, sought wage loss compensation for a period beginning in 2010. OWCP treated the matter as termination of existing compensation, although it had not been paying the wage loss benefit at issue. The Board found that OWCP needed to decide whether…

March 14, 2013 ·ECAB
Remanded
COMM

A.M. and U.S. Postal Service, Post Office, Hopewell Junction, NY

A.M. (ECAB 12-1301): Termination for abandoned job offer reversed

A.M., a postal rural carrier with accepted neck and back sprains, briefly returned to a modified job and then resigned. OWCP ended her compensation on the ground that she abandoned suitable work. Before the termination, her psychiatrist had reported anxiety and panic symptoms that prevented her…

March 14, 2013 ·ECAB
Vacated
COMM

M.H. and Department of Housing and Urban Development, Field Office, Hartford, CT

M.H. (ECAB 12-1244): Reconsideration denial sent back after evidence was missed

M.H., a Housing and Urban Development employee, requested reconsideration after OWCP denied her injury claim. OWCP refused to reopen the case and said it had received no physician's evidence. The Board found that a physician's reports had reached OWCP before its decision but had not been…

March 14, 2013 ·ECAB
Remanded
COMM

M.D. and U.S. Postal Service, Post Office, Chicago, IL

M.D. (ECAB 12-0029): Refusal to revise wage capacity rating reversed

M.D., a postal carrier with accepted bilateral carpal tunnel syndrome, moved from a modified carrier position into a different rehabilitation carrier position in 2005. OWCP then based her wage earning capacity rating on the earlier position, which she no longer held. The Board found that this was…

March 14, 2013 ·ECAB
Vacated
ALJ

Secretary of Labor v. Highland Mining Company, Mark A. Sheffield, and Steve Bockhorn

Roof-support summary motions denied

The cases concerned four cable bolts cut to permit passage of a conveyor train and related personal-liability allegations against mine foremen Steve Bockhorn and Mark Sheffield. Judge Jerold Feldman denied all three respondents' summary-decision motions. Commission precedent foreclosed Bockhorn's…

March 13, 2013 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Soliman Soliman v. Global Terminal and Container Service, Incorporated

Soliman v. Global Terminal (BRB 12-0426 and 12-0426A): eye injury award returned for surgery and impairment findings

Soliman Soliman injured his left eye while working as a longshoreman and received a permanent partial disability award. His employer challenged whether his refusal of additional laser surgery was reasonable and whether his condition was permanent. The Board held that the judge used an incorrect…

March 13, 2013 ·BRB
Remanded
COMM

Wesley Stork v. Clark Seafood, Incorporated

Stork v. Clark Seafood (BRB 12-0136R): aquaculture coverage denial upheld on reconsideration

Wesley Stork alleged work-related hearing loss from his job as an ice plant operator at Clark Seafood. The Board had affirmed a denial of Longshore Act benefits under the aquaculture worker exclusion. On reconsideration, Stork argued that the exclusion should depend on his individual tasks and that…

March 13, 2013 ·BRB
Affirmed
COMM

R.K. and U.S. Postal Service, Post Office, Oakland, CA

R.K. (ECAB 13-0119): Leg injury claim denial affirmed for lack of medical proof

R.K., a postal janitor, reported right leg pain after slipping in a locker room at work. The Board accepted that the slip occurred. His only physician's note, however, gave no diagnosis, injury history, or opinion connecting a condition to the incident. The Board found that he had not supplied the…

March 13, 2013 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Post Office, West Babylon, NY

M.C. (ECAB 13-0062): Foot injury claim denial affirmed

M.C., a postal letter carrier, claimed a left foot injury after stepping out of her vehicle during work. The Board accepted that the incident occurred, and her podiatrist diagnosed plantar conditions. It found that his reports discussed walking and standing over time but did not give a reasoned…

March 13, 2013 ·ECAB
Affirmed
COMM

K.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

K.C. (ECAB 12-1970): Disability period and reconsideration denials affirmed

K.C., a Navy shipfitter with accepted back conditions, claimed disability from May 27 through June 11, 2010. The Board found that his chiropractor's notes did not adequately explain how treatment or work caused disability during those dates. It also found that his later reconsideration evidence…

March 13, 2013 ·ECAB
Affirmed
COMM

B.H. and U.S. Postal Service, Post Office, Atlanta, GA

B.H. (ECAB 12-1928): Late reconsideration denial affirmed

B.H., a postal supervisor with an accepted knee injury, requested reconsideration of an earlier wage earning capacity decision. Her request came more than one year after OWCP's last merit decision. The Board found that her evidence about treatment and her reason for missing a Board appeal deadline…

March 13, 2013 ·ECAB
Affirmed
COMM

D.B. and Department of Transportation, Federal Aviation Administration, Oberlin, OH

D.B. (ECAB 12-1694): Late reconsideration request denied

D.B., a former FAA air traffic controller, asked OWCP to reconsider an earlier denial of his emotional condition claim. His application came more than one year after the last merit decision, so it needed clear evidence of error. The Board found that his new medical submissions did not give a…

March 13, 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.