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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C.L. and U.S. Postal Service, Post Office, Chicago, IL
C.L. (ECAB 12-1479): Elbow revision surgery authorization denied
C.L., a postal carrier with accepted upper extremity conditions, sought authorization for revision surgery on both elbows. Her treating physician and an OWCP examiner disagreed about the need for surgery. The Board gave special weight to the impartial physician's reasoned opinion that the procedure…
G.H. and Department of the Army, Army National Guard, Wilmington, NC
G.H. (ECAB 12-1477): Knee claim denied after incident finding corrected
G.H., an Army National Guard employee, reported right knee symptoms while climbing a vehicle at work. The Board found that the incident occurred, correcting OWCP's contrary factual finding. It nevertheless found that the physician did not explain how the incident caused the claimed knee condition…
J.M. and Department of Defense, Defense Logistics Agency
J.M. (ECAB 12-1462): Back claim denied after incident finding corrected
J.M., a defense distribution worker, reported low back symptoms after bending and unpacking a box at work. The Board found that the work incident occurred despite OWCP's contrary finding. It found that the medical evidence did not adequately link a diagnosed back condition to the event. It affirmed…
W.A. and U.S. Postal Service, Post Office, Washington, DC
W.A. (ECAB 12-1293): Untimely reconsideration refusal upheld
W.A., a postal employee, asked OWCP to reconsider an earlier compensation decision. The Board found that the request was outside the one-year period and that the materials submitted did not clearly show error in the last merits decision. It affirmed the refusal to reopen. The underlying claim was…
P.R. and U.S. Postal Service, Post Office, Detroit, MI
P.R. (ECAB 12-1284): Greater right arm and leg awards denied
P.R., a postal employee, sought higher schedule awards for accepted injuries affecting her right arm and leg. OWCP had awarded 11 percent impairment of each extremity. The Board found that she submitted no treating physician evidence establishing a greater impairment and that the supported ratings…
K.S. and Department of Justice, Federal Bureau of Prisons
K.S. (ECAB 12-1258): Claimed recurrence of emotional disability denied
K.S., a federal employee, had an accepted anxiety condition after witnessing a coworker's fatal attack. She later sought compensation for renewed symptoms. The Board found that her physician described her history and the possibility of relapse but did not explain how the accepted condition caused…
S.N. and U.S. Postal Service, Post Office, Little Rock, AR
S.N. (ECAB 12-1064): Late reconsideration refusal upheld
S.N., a postal custodian, sought reconsideration of a prior injury claim denial. He filed more than one year after OWCP's last merits decision and argued that additional evidence and inquiries should preserve his review right. The Board found that those steps were not a timely written…
V.L. and Department of Justice, Federal Bureau of Prisons, Fort Dix, NJ
V.L. (ECAB 12-1048): Additional conditions and wage-loss claim denied
V.L., a federal employee, sought acceptance of further medical conditions after an earlier work-related vehicle accident and compensation for later disability. Her physician stated that the accident caused or aggravated the conditions but gave no adequate medical reasoning. He also did not explain…
P.C. and U.S. Postal Service, Post Office, Melville, NY
P.C. (ECAB 12-0619): Termination for declining limited duty reversed
P.C., a postal employee with an accepted shoulder injury, declined a limited-duty mail processing job. OWCP terminated benefits based on an impartial physician's assessment of his restrictions. The Board found that the medical opinion was insufficiently reasoned to carry the special weight needed…
Stommes Construction, Inc.
Five reopening motions denied with prejudice
Stommes Construction sought to reopen four final penalty assessments and one default order, asserting that it had not received the underlying documents. Three motions were filed more than one year after the assessments became final and were untimely. Delivery records contradicted the operator's…
Peter L. Dunne v. Vulcan Construction Materials, L.P.
Discrimination complaint dismissed
Peter Dunne alleged that Vulcan fired him because he had earlier reported finding a blasting cap and booster on his roof bolter. Judge L. Zane Gill found that the earlier report was protected activity and that Dunne barely established an initial inference of discrimination. The evidence…
Fox Ridge Stone Co., LLC
Undocketed show-cause response supports reopening
Fox Ridge Stone asked the Commission to reopen a default order involving one specially assessed citation. The operator had timely contested all assessments from the inspection but later failed to answer penalty petitions in two related dockets. It sent a response to the show-cause orders without…
Cloverlick Coal Company, LLC
Reopening case dismissed after payment
Cloverlick Coal asked the Commission to reopen a final penalty assessment. The operator later paid the assessment in full. The Secretary told the Commission that the payment indicated Cloverlick no longer wished to pursue reopening, and the operator did not respond. The Commission treated the…
R.F. and U.S. Postal Service, Post Office, Philadelphia, PA
R.F. (ECAB 12-1554): Carpal tunnel occupational claim denied
R.F., a postal employee, claimed bilateral carpal tunnel syndrome from repetitive hand motions and lifting at work. Her physician's later report raised several possible sources of the symptoms and did not explain a specific causal mechanism. The Board found the opinion too equivocal to establish…
M.W. and U.S. Postal Service, General Mail Facility, Cleveland, OH
M.W. (ECAB 12-1500): Finger injury wage-loss period denied
M.W., a postal mail handler, sought wage-loss compensation following an accepted left index finger laceration. Her physicians described symptoms and time away from work but did not explain how the accepted injury disabled her during the particular October dates. The Board noted later reports…
R.S. and U.S. Postal Service, Post Office, Cleveland, OH
R.S. (ECAB 12-1295): Withdrawn limited-duty job returned for wage review
R.S., a postal letter carrier, sought compensation after the employer withdrew the modified assignment that had supported a formal wage-earning capacity ruling. OWCP considered ordinary modification criteria but did not follow its special procedures for withdrawn limited-duty positions. The Board…
J.B. and Department of the Interior, National Wildlife Refuge, Merced, CA
J.B. (ECAB 12-1253): Left leg impairment rating returned for explanation
J.B., a National Wildlife Refuge employee, sought an award greater than five percent for an accepted left leg injury. His physician used an older edition of the impairment guides and rated whole-person impairment, which did not establish a FECA leg rating. OWCP's medical adviser also failed to…
M.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Cleveland, OH
M.J. (ECAB 12-1189): Injury during employer medical treatment returned
M.J., a medical supply assistant, reported a right hand injury from an intravenous line placed while she was treated at her employer's medical center. OWCP denied the claim on performance-of-duty grounds. The Board found that she was within the covered work setting during the treatment. It set…
Z.B. and Department of Agriculture, Forest Service Casual Firefighters, Albuquerque, NM
Z.B. (ECAB 12-1164): Firefighter recurrence claim returned for findings
Z.B., a Forest Service firefighter, claimed lost wages after an accepted bee-related injury and the withdrawal of his firefighting duties. OWCP denied his recurrence claim solely for lack of medical proof that his condition had worsened. The Board found that his claim concerned the loss of…
D.W. and U.S. Postal Service, Post Office, Brooklyn, NY
D.W. (ECAB 12-1128): Termination of resolved injury benefits upheld
D.W., a postal employee, challenged the end of benefits for accepted right arm injuries and claimed continued disability after December 8, 2011. The Board found that OWCP's examining physician gave a detailed basis for concluding that the accepted conditions had resolved. It also found that later…
C.H. and Department of Homeland Security, Customs and Border Patrol, Edmonton, Alberta, Canada
C.H. (ECAB 12-1109): Shoulder claim denied; respiratory claims returned
C.H., a customs employee, brought three occupational disease claims involving his shoulder and respiratory conditions. The Board found that the medical evidence did not establish work causation for the shoulder condition. It found that OWCP needed to develop the medical evidence further before…
R.P. and U.S. Postal Service, Post Office, Edison, NJ
R.P. (ECAB 12-0802): Low back recurrence claim denied
R.P., a postal letter carrier, stopped working after declining a job he considered too physical. OWCP had accepted an earlier lumbar strain, and he claimed a recurrence of disability beginning March 14, 2011. The Board found that the medical evidence did not show a work-related change in his…
United States Department of Labor, Bureau of Labor Statistics (Agency) and American Federation of Government Employees, National Council of Field Labor Locals (Union)
Bureau of Labor Statistics and AFGE Field Labor Locals (FLRA 0-AR-4813): Survey refusal rating element removed
The Bureau of Labor Statistics rated field staff partly on survey response rates from businesses that were free to decline participation. An arbitrator found that this performance element measured unpredictable third-party behavior instead of employee performance against objective criteria. He…
L.B. and Department of the Navy, Mare Island Naval Shipyard, Vallejo, CA
L.B. (ECAB 12-1580): Hearing aid reimbursement denied
L.B., a former shipyard machinist, had an accepted occupational hearing loss and later requested reimbursement for hearing aids. The Board found that his medical reports did not establish that the aids were needed because of the accepted work-related loss. An older report identified hearing loss…
A.C. and U.S. Postal Service, Post Office, St. Petersburg, FL
A.C. (ECAB 12-1579): Late reconsideration request rejected
A.C., a postal employee, asked OWCP to reconsider the termination of compensation for an earlier injury. His February 2012 request came more than a year after the last merits decision. The Board found that his evidence did not clearly show error in that decision. It affirmed the refusal to reopen…
J.M. and Department of the Army, Red River Army Depot, Texarkana, TX
J.M. (ECAB 12-1440): Late asbestos claim reconsideration rejected
J.M., an Army depot employee, sought reconsideration of a denied claim involving alleged asbestos exposure at work. He filed more than a year after the last merits decision. His new information showed that an exposure incident occurred at the depot but did not place him near it. The Board found no…
A.H., widow of A.H., and U.S. Postal Service, Post Office, Tulane, CA
A.H., widow of A.H., (ECAB 12-1402): Widow’s overpayment affirmed; waiver returned
A.H. received survivor compensation after her husband's death from an accepted condition. OWCP found that it had paid her $17,405.76 too much and denied waiver of recovery. The Board upheld the fact and amount of the overpayment and found her without fault. It determined that the waiver question…
I.M. and Department of the Navy, Navy Commissary Store, Great Lakes, IL
I.M. (ECAB 12-1199): Right knee treatment recurrence denied
I.M., a commissary clerk, asked to reopen treatment for a right knee condition accepted after a 1981 injury. The record contained a long gap in treatment. The Board found no reasoned medical opinion showing that his current need for treatment was caused by the accepted injury. It affirmed the…
R.C. and U.S. Postal Service, Post Office, San Antonio, TX
R.C. (ECAB 12-1165): Three percent right leg award upheld
R.C., a postal letter carrier, injured his right foot and knee while delivering mail. OWCP granted a schedule award for three percent right leg impairment. The Board found that his physician did not adequately explain a higher rating under the applicable impairment guides. It affirmed the three…
P.P. and U.S. Postal Service, Bulk Mail Center, Jacksonville, FL
P.P. (ECAB 12-1163): Withdrawn limited duty wage review returned
P.P., a postal clerk with accepted bilateral carpal tunnel syndrome, sought wage-loss compensation after her light-duty hours were reduced. OWCP applied ordinary wage-earning capacity modification criteria. The Board found that OWCP had not followed the procedures for a withdrawn limited-duty…
J.C. and U.S. Postal Service, Post Office, Boone, NC
J.C. (ECAB 12-0623): Sleep apnea benefit termination reversed
J.C., a postal employee, had an accepted temporary aggravation of obstructive sleep apnea. OWCP terminated his benefits after obtaining an impartial medical opinion. The Board found that the opinion did not adequately explain whether the accepted condition and related disability had ended. It…
B.P. and Corporation for National and Community Service, AmeriCorps VISTA, Washington, DC
B.P. (ECAB 12-0104): Wage capacity reconsideration refusal upheld
B.P., an AmeriCorps VISTA employee, challenged a decision reducing her compensation based on potential tutor earnings. She sought reconsideration of the wage-earning capacity finding. The Board found that her submission did not identify a valid legal error or provide new and relevant medical…
Ehle, Inc.
Citations vacated because OSHA did not prove employer status
Ehle owned rental properties and hired contractors to construct its apartment buildings. OSHA observed several people installing roof sheathing without fall protection and issued two serious citation items totaling $1,200. The judge found that OSHA did not prove carpenter Chuck Brandau was an…
Loren Cook Company
Machine-guarding items vacated over standard applicability
Loren Cook manufactured fans and blowers using small manual spinning lathes. A 12-pound metal workpiece was ejected from a lathe and fatally struck an employee in the head. OSHA withdrew three personal-protective-equipment items during the hearing and pursued seven willful machine-guarding items…
American Federation of Government Employees, Local 1199 (Union) and United States Department of the Air Force, Child Development Centers, Nellis Air Force Base, Nevada (Agency)
AFGE Local 1199 and Nellis Air Force Base (FLRA 0-AR-4876): Part-time hiring award upheld
The Air Force hired new employees at its Nellis Air Force Base child development centers to work 32 hours per week. The union argued that its agreement required a 40-hour workweek and advance notice before the agency hired part-time staff. An arbitrator rejected the grievance. The Authority denied…
American Federation of Government Employees, Local 3448 (Union) and Social Security Administration, Region V (Agency)
AFGE Local 3448 and Social Security Administration Region V (FLRA 0-AR-4864): Three-day suspension upheld
The Social Security Administration suspended an employee for three days after finding that he posted a claimant's wages without proper verification. An arbitrator found just cause under the labor agreement for misconduct occurring on or about the date in the suspension notice. The Authority…
Pennsy Supply, Inc.
Late accident report affirmed with reduced negligence
A customer truck driver was found unresponsive and not breathing at Pennsy Supply's scale, and CPR began immediately. Mine management called 911 promptly but did not notify MSHA until nearly two hours later, after learning that the driver had died. Judge George A. Koutras held that the driver had…
Bradley R. Ashby v. Ohio County Coal Company
Discrimination complaint dismissed for lack of protected activity
Bradley Ashby alleged that Ohio County Coal ended his employment after he raised concerns about how ram cars were operated at the Freedom Mine. Judge Jeffrey Tureck found that Ashby told supervisors only that he knew a better or more productive method, not that the existing routes were unsafe…
R.D. and U.S. Postal Service, Post Office, Louisville, KY
R.D. (ECAB 12-1415): Schedule award claim denied
R.D., a postal mail handler, sought a schedule award after accepted elbow, neck, and shoulder injuries. The Board found that her medical evidence did not establish permanent impairment of a scheduled body member caused by the 1998 injury. It affirmed the denial of a schedule award.
D.T. and U.S. Postal Service, Post Office, Chicago, IL
D.T. (ECAB 12-1380): Medical conflict in occupational claim returned
D.T., a postal employee, claimed that her work caused or aggravated several physical conditions. The Board had previously returned her claim for resolution of a medical conflict. It found that the new referee physician's reports still did not adequately resolve whether work aggravated her…
C.B. and Department of the Air Force, Tinker Air Force Base, OK
C.B. (ECAB 12-1373): Hearing loss schedule award denied
C.B., an Air Force engineering technician, reported hearing loss from workplace noise. The medical evidence documented hearing loss, but the Board found it did not reach a ratable level under the applicable schedule award formula. It affirmed the denial of monetary impairment benefits.
P.H. and Department of Labor, Jacksonville, FL
P.H. (ECAB 12-1359): Reconsideration request held timely
P.H., a Labor Department employee, sought reconsideration of an emotional condition claim denial. OWCP treated her request as late under a rule that measured the date OWCP received it. The Board found that the prior filing rule applied to this claim and made her request timely. It reversed the…
E.S. and U.S. Postal Service, Post Office, Philadelphia, PA
E.S. (ECAB 12-1356): Upper extremity impairment claim denied
E.S., a postal mail handler, sought an upper extremity schedule award following an accepted cervical strain. The Board found that the medical evidence did not establish permanent impairment of either arm from that condition. It affirmed the denial of the award.
J.M. and U.S. Postal Service, Post Office, Baltimore, MD
J.M. (ECAB 12-1341): Increased wrist impairment claim returned
J.M., a postal employee with accepted bilateral wrist tendinitis, reported worsening and submitted a new medical evaluation. OWCP treated her submission as a late request to reconsider an earlier award. The Board found that she sought an increased award based on current impairment, which required a…
T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
T.M. (ECAB 12-1307): Reconsideration denial returned for findings
T.M., a Marine Corps base employee, sought reconsideration of earlier back injury decisions and submitted medical material. OWCP rejected the request as late without discussing the evidence or arguments under the clear error standard. The Board found that the lack of findings prevented its review…
E.E. and U.S. Postal Service, Post Office, Houston, TX
E.E. (ECAB 12-1275): Overpayment decision vacated for process
E.E., a postal employee, disputed a proposed $5,246.27 compensation overpayment. She requested a telephone conference and submitted financial information relevant to waiver. OWCP issued a final decision without addressing those submissions and gave a different explanation for the overpayment. The…
K.S. and Department of the Navy, Naval Air Station North Island, San Diego, CA
K.S. (ECAB 12-1251): Additional spine conditions claim denied
K.S., a Navy employee, sought to add lumbar and cervical conditions to an accepted lumbar strain claim. The Board's analysis found that the medical evidence did not explain how the accepted injury caused the additional diagnoses. It affirmed OWCP's denial. The source conclusion says he sustained…
P.D. and U.S. Postal Service, Rochester Processing and Distribution Center, Rochester, NY
P.D. (ECAB 12-1073): Ambiguous reconsideration decision returned
P.D., a postal employee, appealed an OWCP decision that used both merits-review and refusal-to-reopen language. The Board could not tell whether OWCP had reviewed the underlying claim or rejected the reconsideration request without doing so. It set aside the decision and directed OWCP to state its…
P.G. and U.S. Postal Service, Post Office, Columbia, SC
P.G. (ECAB 12-0905): Bilateral shoulder claim denied
P.G., a postal employee, claimed that lifting and other work duties caused conditions in both shoulders. The Board found that her medical reports did not adequately explain a causal connection between the diagnosed condition and particular job duties. It affirmed the occupational disease denial.
T.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Marion, IL
T.H. (ECAB 12-0903): Elbow disability recurrence denied
T.H., a veterans medical center clerk, had an accepted right elbow condition and later stopped work. She claimed renewed disability starting June 21, 2010. The Board found that the medical reports did not give a reasoned explanation linking the claimed work stoppage to the accepted condition. It…
F.H. and Department of Veterans Affairs, Sacramento Veterans Administration Medical Center, Mather, CA
F.H. (ECAB 12-0741): Workplace emotional condition claim denied
F.H., a veterans medical center supervisor, attributed an emotional condition to alleged harassment and unfair treatment at work. The Board examined the alleged events and found no established compensable employment factor supporting the claim. It affirmed OWCP's denial.
National Treasury Employees Union, Chapter 231 (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection, Scobey, Montana (Agency)
NTEU Chapter 231 and Customs and Border Protection (FLRA 0-AR-4842): Backpay ruling stands after reconsideration
An arbitrator found that Customs and Border Protection improperly denied an employee an overtime opportunity but did not award backpay. In an earlier decision, the Authority changed the remedy to make the employee whole for lost overtime pay. The agency sought reconsideration, arguing that its…
United States Department of Justice, Federal Bureau of Prisons, Washington, D.C. (Agency) and American Federation of Government Employees, Council of Prison Locals, Council 33 (Union)
Bureau of Prisons and AFGE Council 33 (FLRA 0-AR-4225): Bargaining award set aside on remand
The Bureau of Prisons introduced a program to eliminate unnecessary staffing posts. An arbitrator had found that the agency violated labor law and its agreement by refusing to bargain over the program's impact and implementation. A federal appeals court ruled that the agreement already covered the…
Shelter Creek Capital, LLC
Counsel's filing error did not justify reopening
Shelter Creek sent a proposed assessment to its lawyer, but office staff placed the contest form in the client file instead of mailing it to MSHA. The operator asked the Commission to reopen the final assessment and moved to strike the Secretary's late opposition. The Commission held that a client…
D.B. and U.S. Postal Service, Post Office, Chicago, IL
D.B. (ECAB 12-1529): Right foot wage-loss period denied
D.B., a postal clerk, had accepted right great toe and foot conditions. He sought wage-loss compensation for a later period away from work. The Board found no reasoned medical opinion showing that the accepted injury disabled him during the claimed dates. It affirmed the wage-loss denial.
M.F. and U.S. Postal Service, Post Office, Boston, MA
M.F. (ECAB 12-1501): Left shoulder injury claim denied
M.F., a postal employee, reported a left shoulder injury after a March 15, 2012 lifting incident. OWCP accepted that the incident occurred. The Board found that the medical opinions did not adequately explain how that event caused the claimed shoulder condition. It affirmed the denial.
S.M. and U.S. Postal Service, Vehicle Maintenance Facility, Cleveland, OH
S.M. (ECAB 12-1431): Overpayment calculation returned
S.M., a postal employee, returned to work while receiving wage-loss compensation. OWCP found a $5,518.92 overpayment and denied waiver because it deemed him at fault. The Board found that the record did not document the actual payments or show how the amount was calculated. It set aside the…
S.R. and U.S. Postal Service, Lenox Hill Station, New York, NY
S.R. (ECAB 12-1404): Prior recurrence acceptance preserved
S.R., a postal employee, had an accepted head contusion and sought compensation for a later recurrence. OWCP had already accepted a recurrence in 2001 but issued a 2012 decision saying she had not established it. The Board found that the later denial improperly displaced the earlier acceptance. It…
M.C. and Department of Justice, Bureau of Prisons, Springfield, MO
M.C. (ECAB 12-1175): Two percent left leg award upheld
M.C., a prison counselor, sought more than a two percent schedule award for his left leg after accepted knee injuries. He also sought reconsideration of the award. The Board found that the impairment evidence did not support a larger rating and that the later submission did not qualify for further…
T.P. and U.S. Postal Service, Post Office, Urbana, IL
T.P. (ECAB 12-1138): Withdrawn limited duty wage review returned
T.P., a postal letter carrier, had an accepted bilateral hip condition and a formal wage-earning capacity determination. His limited-duty position was later withdrawn under the National Reassessment Process. OWCP used ordinary modification criteria without applying its special procedures for…
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.