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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B.A. and U.S. Postal Service, Post Office, Alexandria, VA
B.A. (ECAB 12-1476): Foot disability claim returned for complete record
B.A., a postal employee with accepted bilateral foot conditions, sought total disability compensation beginning July 27, 2009. OWCP denied the claim while referring to medical material in a related file that was absent from the record sent to the Board. The Board could not decide the claim on that…
H.S. and U.S. Postal Service, Post Office, Oklahoma City, OK
H.S. (ECAB 12-1447): Late reconsideration request refused
H.S., a postal employee, asked OWCP to reopen a decision terminating monetary benefits after she refused a suitable-work offer. OWCP treated the reconsideration request as late. The Board found that the request was filed outside the one-year period and did not present clear evidence of error in the…
R.M. and U.S. Postal Service, Post Office, Pittsburgh, PA
R.M. (ECAB 12-1413): Reconsideration denial returned to combine claim files
R.M., a postal carrier, sought review of a back injury claim after returning to mail delivery. OWCP denied reconsideration while a related claim file with relevant later medical evidence had not been combined into the Board record. The Board found that it could not make a fair decision without that…
H.B. and U.S. Postal Service, Post Office, Los Angeles, CA
H.B. (ECAB 12-1385): Lumbar condition claim returned for complete record
H.B., a postal employee, appealed the denial of an occupational lumbar condition claim. OWCP had referred to medical reports in a separate accepted carpal tunnel file that was not included in the record sent to the Board. The Board found the record incomplete and unable to support an informed…
P.L. and U.S. Postal Service, General Mail Facility, Phoenix, AZ
P.L. (ECAB 12-1382): Low back injury claim denied
P.L., a postal automation clerk, reported back pain while handling a tray of mail at work. His employer authorized treatment. The Board found that the medical evidence did not adequately explain how the incident caused a diagnosed back condition, particularly in light of his history of back pain…
M.B. and Department of Homeland Security, Transportation Security Administration
M.B. (ECAB 12-1344): Dual compensation overpayment and recovery upheld
M.B., a transportation security officer, received a lump-sum schedule award for left leg impairment and later received wage-loss compensation covering part of the same period for another left leg injury. The Board found that these overlapping payments produced a $25,697.97 overpayment and that he…
L.G. and U.S. Postal Service, Post Office, Margate City, NJ
L.G. (ECAB 12-1340): Cervical disease claim returned to combine files
L.G., a postal employee, claimed that increased casing and overhead reaching aggravated an accepted cervical condition. OWCP denied the new occupational claim while discussing evidence from another file that was not before the Board. The Board found that the overlapping claims had to be combined…
M.D. and Department of Commerce, National Oceanic and Atmospheric Administration
M.D. (ECAB 12-1317): Disability request returned for wage capacity review
M.D., a Commerce employee, sought total disability benefits after OWCP had formally rated his wage-earning capacity based on actual earnings as a marine engineman. OWCP denied the request under the ordinary recurrence standard. The Board found that a formal wage capacity ruling was already in…
M.R. and Department of Justice, Bureau of Prisons, Fort Dix, NJ
M.R. (ECAB 12-1290): Termination of injury benefits reversed
M.R., a federal corrections officer, challenged termination of benefits for accepted back conditions. OWCP relied on an impartial physician who said the conditions had resolved. The Board found that the physician had misunderstood the standard for disability from a back injury and did not resolve…
G.E. and U.S. Postal Service, Post Office, Little Rock, AR
G.E. (ECAB 12-1286): Collision injury claim and reconsideration refusal upheld
G.E., a postal carrier, claimed neck and back injuries after a collision while driving a mail vehicle. OWCP denied the injury claim and later refused to reopen it. The Board found that the medical evidence did not adequately link the claimed conditions to the collision and that the later request…
J.G. and Department of the Army, Red River Depot, Texarkana, TX
J.G. (ECAB 12-1220): Progressive hearing loss request returned for review
J.G., a retired Army depot employee, asked for an additional schedule award after an accepted work-related hearing loss worsened. OWCP treated his request as a new, untimely injury claim. The Board found that progression of an accepted condition can support a new award request even without further…
A.R. and Department of the Interior, Fish and Wildlife Service, Hadley, MA
A.R. (ECAB 12-1161): Social Security offset overpayment upheld
A.R., a Fish and Wildlife employee, received federal disability compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld OWCP's $5,928.96 overpayment calculation. Although she was without fault, she had not supplied the…
T.K. and Department of Justice, Federal Bureau of Investigation, Miami, FL
T.K. (ECAB 12-1157): Retroactive wage capacity reduction reversed
T.K., a former FBI employee, challenged a retroactive reduction of his compensation after working as an attorney. The Board found that OWCP had not followed its procedures for a retroactive wage-earning capacity decision despite having notice of his work. It reversed the reduction. The resulting…
L.J. and U.S. Postal Service, Post Office, Indianapolis, IN
L.J. (ECAB 12-1086): Spinal disease claim returned for related file
L.J., a postal mail handler, claimed degenerative disc disease from his work duties. OWCP rejected the claim while referring to evidence in another spinal claim file that was not before the Board. The Board could not determine whether all relevant evidence had been reviewed. It set aside the denial…
J.I. and Department of Defense, Tinker Air Force Base, OK
J.I. (ECAB 12-1062): Elbow injury claim returned for omitted medical report
J.I., an aircraft mechanic, reported striking his left elbow on shelves while working. OWCP denied the claim for lack of a medical diagnosis. The Board found that OWCP had overlooked a treating surgeon's report diagnosing elbow conditions that had been submitted before the decision. It set aside…
R.S. and Department of Housing and Urban Development
R.S. (ECAB 12-0805): Toe fracture claim returned for omitted evidence
R.S., a federal real estate appraiser, claimed a right big toe fracture after falling on stairs at work. OWCP accepted the event but denied the injury claim. The Board found that OWCP had failed to review medical reports received on February 2 and 3, 2012 before it issued its decision. It set aside…
J.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Brecksville, OH
J.G. (ECAB 12-0756): After-shift fall found within performance of duty
J.G., a medical center scheduling clerk, fell while going to catch a bus after her shift. She remained on the premises longer because mobility problems required an employer-arranged scooter ride between buildings. The Board found the departure interval reasonable and the fall within the performance…
American Federation of Government Employees, Local 1770 (Union) and United States Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency)
Womack Army Medical Center and AFGE Local 1770 (FLRA 0-AR-4839): Reprimand upheld after suspension reduced
An Army medical center suspended a nurse for three days after a dispute with her supervisor. An arbitrator found that the notice described the conduct and that it supported a charge of discourtesy, but reduced the penalty to a written reprimand. The union challenged the remaining discipline. The…
Eastern Associated Coal, LLC
Assessment reopened after reported hospitalization
Eastern Associated Coal said its general manager was unexpectedly hospitalized while a proposed penalty assessment became final. It asked the Commission to reopen the assessment. The manager said he forwarded it to the safety manager immediately after discovering it, and the company then filed a…
Runts Trucking, Inc.
Missing mailed contest reopened
Runts Trucking asked the Commission to reopen a penalty assessment after MSHA had no record of receiving its contest. The owner said he mailed the contest within one week of receiving the assessment and acted after MSHA later sent a delinquency notice. The Secretary did not oppose reopening but…
Freeport-McMoRan Morenci, Inc.
Untracked penalty contest reopened
Freeport-McMoRan asked the Commission to reopen a penalty assessment after MSHA had no record of receiving the operator's contest. Freeport said it mailed the contest well before the deadline but could not prove delivery because it did not use certified mail. The company stated that this departed…
West States Skanska, Inc.
Misplaced assessment reopened after personnel changes
West States Skanska asked the Commission to reopen a penalty assessment that became final after recent personnel changes caused it to be misplaced. The company's safety director discovered the problem while investigating a different outstanding assessment. The Secretary did not oppose reopening…
Chemical Lime Company of Virginia, Inc.
Missing contest form excused
Chemical Lime asked the Commission to reopen a penalty assessment after it mailed payment for uncontested penalties but mistakenly omitted the contest form. MSHA had no record of receiving the form, although its payment center received the company's check. The Secretary did not oppose reopening and…
Ararat Rock Products
Misaddressed penalty contest reopened
Ararat Rock Products asked the Commission to reopen a penalty assessment after it apparently mailed its contest to the wrong location. The operator said it discovered the delinquency during a hearing in another case and paid the contested penalties under protest to avoid additional charges. The…
RoxCoal, Inc.
Treasury collection recall authorized in one docket
RoxCoal paid two approved settlement amounts but said it never received the judge's payment orders and asked the Commission to remove added interest and collection charges. One docket had already been referred to the Treasury Department, while the other had been fully paid and closed. The…
Secretary of Labor on behalf of Peter L. Dunne v. Vulcan Construction Materials, LP
Temporary reinstatement dissolved after court mandate
The Commission had previously upheld Peter Dunne's temporary reinstatement after the Secretary declined to pursue his discrimination claim and Dunne continued on his own behalf. The Seventh Circuit reversed, holding that temporary reinstatement cannot continue after the Secretary decides not to…
J.M. and Defense Agencies, Defense Finance and Accounting Service, Indianapolis, IN
J.M. (ECAB 12-1336): Computer work wrist claim denied
J.M., an accounting technician, claimed that typing and computer work caused right de Quervain's tendinitis. OWCP accepted the duties but denied the occupational disease claim. The Board found that her physician linked the condition to repetitive work in general terms without explaining the…
H.R. and U.S. Postal Service, Post Office, Sharonville, OH
H.R. (ECAB 12-1642): Withdrawn limited-duty job returned for wage review
H.R., a postal mail handler, sought wage-loss compensation after the employer withdrew her limited-duty position. OWCP had previously rated her wage-earning capacity based on that position. The Board found that OWCP had not followed the special procedures requiring current medical and position…
B.W. and U.S. Postal Service, Detroit Performance Cluster
B.W. (ECAB 12-1504): Claimed consequence of earlier injury denied
B.W., a postal employee, fell at home in August 2011 and claimed it resulted from an accepted 2003 work injury. Her physician reported knee findings but did not explain how the earlier injury caused the later fall or condition. The Board found no medical evidence establishing a consequential…
S.L. and U.S. Postal Service, Post Office, Amherst, OH
S.L. (ECAB 12-1436): Ice fall injury claim denied
S.L., a postal letter carrier, slipped on ice at work and reported leg, back, and buttock symptoms. OWCP accepted that the fall occurred. The Board found that the submitted reports lacked an identifiable physician's reasoned opinion linking a diagnosed condition to the fall. It affirmed the claim…
H.W. and Department of the Air Force, Tinker Air Force Base, Oklahoma City, OK
H.W. (ECAB 12-1400): Reconsideration of late occupational claims refused
H.W., a former Air Force mechanic, asked OWCP to reconsider the denial of occupational disease claims as untimely. The Board could review only the later refusal to reopen. It found that new treatment records did not address when he had notice of the claimed work connection or whether the conditions…
K.M. and U.S. Postal Service, Post Office, Grand Rapids, MI
K.M. (ECAB 12-1354): Increased arm schedule awards denied
K.M., a postal employee, sought awards greater than the 15 percent right arm and 4 percent left arm impairment already recognized. The Board reviewed the medical ratings under the applicable impairment guides. It found that the evidence did not establish a greater ratable impairment in either arm…
J.C. and Department of Veterans Affairs, Veterans Administration Medical Center
J.C. (ECAB 12-1306): Refusal to modify wage capacity reduction reversed
J.C., a Veterans Affairs employee, challenged OWCP's June 2011 reduction of compensation based on earnings with another employer. The Board found that OWCP had not addressed whether that work fairly represented her wage-earning capacity, why the work ended, her medical evidence, or an earlier…
C.A. and Department of Justice, Bureau of Prisons
C.A. (ECAB 12-1227): Late reconsideration refusal upheld
C.A., a federal corrections officer, sought reconsideration of a traumatic injury denial. He filed more than one year after the last merits decision. The Board found that the additional medical report did not address the causal relationship missing from the original claim and did not show clear…
N.T. and General Services Administration, Public Building Service, Kansas City, MO
N.T. (ECAB 12-1024): Emotional condition aggravation claim denied
N.T., a General Services employee, claimed that a May 2007 workplace incident aggravated a preexisting emotional condition. OWCP accepted that the incident occurred. The Board found that his psychologist's reports gave inconsistent dates and did not adequately explain how that specific incident…
Custom Built Marine Construction, Inc.
Eye-protection citation affirmed for jackhammer work
Custom Built Marine was renovating a Florida boat ramp when OSHA saw an employee use a jackhammer without eye protection while a supervisor stood nearby, also without eye protection. Two pairs of protective eyewear were available at the site. The judge vacated the item after concluding that the…
National Association of Independent Labor, Local 5 (Union) and United States Department of Defense, Defense Logistics Agency, Defense Distribution Depot Red River, Texarkana, Texas (Agency)
NAIL Local 5 and Defense Distribution Depot Red River (FLRA 0-NG-3149): Two separation incentive proposals negotiable
A defense distribution depot and its union disputed four proposals about voluntary separation incentive payments during a staffing reduction. The Authority found that requiring a new offer to current employees who had not received an incentive would excessively interfere with management's right to…
Extra Energy, Inc.
Refuse-pile hazards upheld with $34,600 penalties
Extra Energy mined coal refuse from the middle of a steep pile instead of following its approved ground control plan from top to toe or in controlled lifts. Judge Jacqueline R. Bulluck found that the method destabilized the pile and exposed a foreman working below roughly 100 feet of unconsolidated…
Fariba Armani v. Global Linguist Solutions
Armani v. Global Linguist Solutions (BRB 12-0196): deposition subpoena quashed in pending claim
Global Linguist Solutions sought to depose Fariba Armani while her Defense Base Act claim was before a district director. It wanted information for a possible War Hazards Compensation Act reimbursement request. Armani offered to provide the information at an informal conference instead. The Board…
H.D. and Department of Veterans Affairs, Houston Veterans Administration Medical Center, Houston, TX
H.D. (ECAB 13-0031): Termination for refusing temporary work reversed
H.D., a Veterans Affairs pharmacist, declined a modified duty assignment after an accepted arm injury. OWCP terminated compensation for refusal of suitable work. The Board found that the offered assignment was expressly temporary and that the record did not show she had been a temporary employee…
T.W. and U.S. Postal Service, Post Office, Reynoldsburg, OH
T.W. (ECAB 12-1162): Renewed disability claim returned for wage capacity review
T.W., a postal clerk, sought compensation after she could no longer perform work that had previously formed the basis of a formal wage-earning capacity decision. OWCP treated her claim as an ordinary recurrence. The Board held that the existing wage capacity ruling remained in force and that OWCP…
R.S. and Department of the Navy, Naval Aviation Depot, Cherry Point, NC
R.S. (ECAB 12-1030): Overpayment based on revised impairment rating reversed
R.S., a Navy employee, had received arm schedule awards under earlier editions of the impairment guides. A later rating under the sixth edition produced lower percentages, and OWCP declared an overpayment. The Board found that a lower rating under a newer guide does not retroactively turn prior…
T.S. and U.S. Postal Service, Post Office, Columbia, SC
T.S. (ECAB 12-0991): Greater right arm award and reconsideration denied
T.S., a postal employee, sought a schedule award larger than ten percent for an accepted right arm condition. The Board found that her treating physician had not adequately applied the impairment guides to support a higher figure. It also found that her reconsideration request repeated a report…
K.W. and U.S. Postal Service, Processing and Distribution Center
K.W. (ECAB 12-0985): Left leg impairment rating returned to resolve conflict
K.W., a postal employee, sought a schedule award greater than 20 percent for an accepted left knee injury. The Board found that OWCP had not documented why it bypassed two physicians when selecting the impartial examiner, so the medical conflict remained unresolved. It set aside OWCP's decision and…
M.D. and U.S. Postal Service, Post Office, Boston, MA
M.D. (ECAB 12-0976): Knee impairment and pay rate returned for findings
M.D., a postal letter carrier, sought an increased award beyond the 31 percent left leg impairment previously granted after a knee replacement. The Board found that the medical rating needed clarification and that OWCP had not properly addressed the pay rate. It set aside the decision and directed…
S.B. and Department of Veterans Affairs, Montgomery Veterans Administration Medical Center
S.B. (ECAB 12-0157): Greater right arm award and reopening request denied
S.B., a Veterans Affairs employee, sought a greater schedule award for an accepted right shoulder injury. The Board found that the medical evidence did not establish more than five percent right arm impairment. It also found that her reconsideration request presented no new relevant evidence or…
L.B. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY
L.B. (ECAB 12-0134): Pneumoconiosis denied; bronchitis award returned
L.B., a power plant electrician, claimed occupational pneumoconiosis and permanent lung impairment. The Board found that the medical record did not establish pneumoconiosis caused by federal work. It also found that OWCP had not adequately resolved the degree of impairment from chronic bronchitis…
Appleton Papers, Inc. (Lower Fox River and Green Bay Site)
In re Appleton Papers, Inc. (Lower Fox River and Green Bay Site) (EAB CERCLA § 106(b) Petition No. 12-04): reimbursement petition dismissed without prejudice
EPA Region 5 issued a unilateral administrative order requiring Appleton Papers and other potentially responsible parties to perform cleanup work at the Lower Fox River and Green Bay Superfund Site in Wisconsin. Appleton sought reimbursement of approximately $174 million in costs, arguing that a…
Appleton Papers, Inc., Lower Fox River and Green Bay Site
In re Appleton Papers, Inc. (EAB CERCLA § 106(b) Petition No. 12-04): reimbursement petition dismissed without prejudice
EPA Region 5 issued a unilateral administrative order requiring Appleton Papers and other potentially responsible parties to perform cleanup work at the Lower Fox River and Green Bay Superfund Site. Appleton Papers petitioned for reimbursement of about $174 million in costs, arguing that a federal…
K.W. and U.S. Postal Service, Post Office, Phoenix, AZ
K.W. (ECAB 12-1590): Snow-route knee claim and reconsideration denied
K.W., a postal carrier, reported right knee pain after delivering mail through deep snow. OWCP accepted the route conditions but denied the injury claim. The Board found no firm diagnosis and reasoned medical opinion linking the knee condition to that day of work. It also found that the later…
P.B. and Social Security Administration, Plainfield, NJ
P.B. (ECAB 12-1393): Additional right arm award denied
P.B., a Social Security employee, sought more than the ten percent right arm impairment previously awarded after a fall at work. Following a prior remand, an impartial physician found no current right arm impairment attributable to the accepted injury. The Board gave that opinion special weight and…
W.D. and Department of the Interior, Pacific Region
W.D. (ECAB 12-1367): Back injury denial upheld; reconsideration returned
W.D., an Interior employee, claimed a back injury from moving a heavy object in May 2009. The Board found that his late report and medical histories did not establish the alleged incident, so it affirmed the original claim denial. It separately found that OWCP should have reopened his case on the…
B.L. and Department of Veterans Affairs, Edward Hines Jr. Veterans Medical Center
B.L. (ECAB 12-1240): Greater left leg schedule award denied
B.L., a Veterans Affairs police officer, sought a larger left leg award after an accepted quadriceps tendon injury. His physician rated additional knee conditions, but OWCP had not accepted those diagnoses as work related. The Board found that only the supported impairment from the accepted…
R.F. and Department of the Treasury, Internal Revenue Agency, Boston, MA
R.F. (ECAB 12-1130): Cardiac condition claim after evacuation denied
R.F., a federal revenue agent, developed chest pain after walking down five flights of stairs during a workplace fire evacuation. The Board accepted that he took part in the evacuation and had acute coronary syndrome. It found that the physicians did not provide a reasoned explanation connecting…
T.K. and U.S. Postal Service, Bulk Mail Center, Denver, CO
T.K. (ECAB 12-1100): Consequential right knee injury claim denied
T.K., a postal employee, claimed that an accepted left knee injury and surgery led to a right knee condition. OWCP obtained an impartial medical examination after doctors disagreed. The Board rejected a bias challenge to that examiner and found the evidence did not establish the claimed…
T.N. and Department of Justice, Immigration and Naturalization Service, Calipatria, CA
T.N. (ECAB 12-1056): Cervical condition returned for impartial medical review
T.N., a federal deportation assistant, claimed that her accepted work injuries also caused a cervical condition. Her treating physician and OWCP's examiner disagreed. The Board found that the impartial physician's report lacked enough medical reasoning to resolve the conflict. It set aside OWCP's…
D.B. and U.S. Postal Service, Post Office, Philadelphia, PA
D.B. (ECAB 12-0891): Occupational low back claim denied
D.B., a postal employee, claimed that physical work duties caused or aggravated a low back condition. The record showed both strenuous duties and spinal diagnoses. The Board found that his physician did not provide a reasoned explanation linking those duties to the condition or disability. It…
B.C. and Department of the Navy, Alameda Naval Air Station, CA
B.C. (ECAB 12-0398): Retroactive wage compensation ordered on remand
B.C., a Navy employee, sought compensation for an earlier period after stopping work. An OWCP hearing representative had already directed reinstatement from the date she stopped work, but OWCP restarted payments only from a later date. The Board found that OWCP had not followed that directive. It…
Tri County Coal, LLC
Equipment and examination violations yield $39,472
Tri County Coal faced citations involving defective ram-car brakes, unsupported roof, damaged cable splices, an inadequate electrical examination, a roof-bolter dust collector, and inaccurate escapeway maps. Judge Michael E. Zielinski affirmed every litigated violation but modified negligence…
C.B. and U.S. Postal Service, Post Office
C.B. (ECAB 12-1488): Rib and arm injury claim denied
C.B., a postal employee, claimed rib, elbow, wrist, hand, and neck injuries from a May 2012 workplace incident. OWCP accepted that the incident occurred. The Board found that the medical reports did not explain how it caused the diagnosed rib fracture or other claimed conditions, and some symptoms…
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.