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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R.P. and U.S. Postal Service, Howell Post Office, Howell, NJ
R.P. (ECAB 12-1125): Emotional condition claim denied
R.P., a postal clerk, attributed depression and anxiety to changing assignments and treatment by a supervisor. The Board found that he had not supplied the requested detailed account and supporting evidence for the alleged work factors. It affirmed the denial of his emotional condition claim.
D.W., administratrix of the estate of J.W., and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
D.W., administratrix of the estate of J.W., (ECAB 12-1077): Fifteen percent right arm award upheld
D.W., as administrator of J.W.'s estate, challenged the rating for his accepted wrist and shoulder conditions. An evaluator who reviewed J.W.'s records calculated an eighteen percent right arm impairment, while OWCP's medical adviser calculated fifteen percent. The Board found the higher rating…
P.B. and U.S. Postal Service, Post Office, White River Junction, VT
P.B. (ECAB 12-0799): Withdrawn limited duty wage review returned
P.B., a postal clerk, sought wage-loss compensation after her limited-duty position was withdrawn under the National Reassessment Process. OWCP applied ordinary criteria for changing an earlier wage-earning capacity finding. The Board found that OWCP had not fully followed the special procedures…
G.K. and Department of the Navy, Naval Air Warfare Center Aircraft Division, Lakehurst, NJ
G.K. (ECAB 12-0058): Leg impairment rating returned for medical review
G.K., a Navy carpenter, sought a lower extremity schedule award after an accepted lumbar and coccyx injury. OWCP relied on an impartial specialist to resolve conflicting ratings. The Board found that the specialist relied on dated testing and did not adequately discuss a later MRI scan. It returned…
Cementation USA, Inc.
Management-change default reopened
Cementation USA initially asked the Commission to reopen a penalty assessment without explaining the missed deadline. After the Commission requested more information, the contractor attributed the default to management changes and a recent office move and described new procedures to prevent another…
Greg Perkins, employed by Black Fuel Energy, LLC
Misaddressed individual assessment reopened
Greg Perkins asked the Commission to reopen a penalty assessment that he did not receive before it became delinquent. MSHA had mailed the assessment to an incorrect address, and the mailing was returned as undeliverable. The Secretary did not oppose reopening. The Commission reopened the assessment…
Sapphire Coal Company
One-day-late contest reopened
Sapphire Coal filed its penalty contest one day late because it mistakenly calculated January as having 30 days. The operator acted promptly after receiving MSHA's delinquency notice and had paid the uncontested penalties. The Secretary did not oppose reopening but urged Sapphire to ensure future…
E & G Masonry Stone #2
Incomplete contest form reopened
E & G Masonry Stone asked the Commission to reopen a penalty assessment, stating that it mailed a timely contest and later resubmitted it. MSHA had received one sheet of the contest form before the deadline but did not process it because the submission was incomplete. The Secretary did not oppose…
Ratliff Ready Mix, L.P.
Unmarked contest form reopened
Ratliff Ready Mix said it submitted a timely penalty contest form but failed to mark which citations it intended to contest. The operator discovered the mistake after receiving an MSHA delinquency notice. MSHA confirmed that it had received one sheet of the form, and the Secretary did not oppose…
N.Y. and U.S. Postal Service, Post Office, Houston, TX
N.Y. (ECAB 12-0993): Termination of injury benefits upheld
N.Y., a postal employee, challenged the termination of benefits for an accepted injury and claimed a consequential emotional condition and continued disability. The Board found that OWCP met its burden to end benefits effective March 13, 2011. It also found insufficient proof of the emotional…
Munce's Superior Petroleum Products, Inc.
In re Munce's Superior Petroleum Products, Inc. (EAB CWA Appeal No. 12-04): Default order and penalty affirmed
Munce's Superior Petroleum Products, Inc. failed to answer an EPA administrative complaint alleging violations involving an EPA information request and spill prevention, control, and countermeasure plans. The EPA hearing officer found the company in default, held it liable, and assessed a $46,403…
C.J. and U.S. Postal Service, Bronx Post Office, Bronx, NY
C.J. (ECAB 12-1559): Injury benefit and treatment termination upheld
C.J., a postal employee, challenged the end of benefits for injuries from a 1997 workplace incident. The Board found that OWCP had established that the accepted injury no longer caused disability or residuals requiring treatment. It affirmed termination of both compensation and medical…
R.K. and U.S. Postal Service, Postal Vehicle Service, Indianapolis, IN
R.K. (ECAB 12-1403): Reconsideration refused without new support
R.K., a postal tractor-trailer operator, sought reconsideration of a denied back and leg injury claim. He submitted no additional evidence or legal argument before OWCP decided the request. The Board found that the submission did not meet any standard for reopening the merits. It affirmed the…
M.M. and Social Security Administration, Brooklyn, NY
M.M. (ECAB 12-1320): Injury denial affirmed; reconsideration returned
M.M., a Social Security clerk, claimed neck and back conditions from lifting at work. The Board found that the evidence before OWCP's original decision did not establish medical causation. It found that a later physician's report was new and relevant enough to require a merits review. It affirmed…
A.C. and U.S. Postal Service, Post Office, Palatine, IL
A.C. (ECAB 12-1312): Injury denials upheld; medical expenses returned
A.C., a postal employee, sought compensation for a claimed January 2012 injury and requested further review after OWCP denied it. The Board affirmed both the injury denial and the refusal to reopen. It separately directed OWCP to consider whether medical expenses from the incident should be…
D.S. and U.S. Postal Service, Post Office, Brooklyn, NY
D.S. (ECAB 12-1300): Workplace emotional condition claim denied
D.S., a postal letter carrier, attributed physical symptoms and an emotional condition to a disciplinary discussion and other supervisory actions. The Board found that he had not established a compensable work factor underlying the emotional condition. It affirmed the denial.
E.C. and U.S. Postal Service, Post Office, Old Bridge, NJ
E.C. (ECAB 12-1235): Small overpayment and waiver denial upheld
E.C., a postal custodian, received $333.26 more in compensation than he was owed for January 30 through February 11, 2012. OWCP found him without fault but denied waiver. The Board upheld the amount and found that he had not supplied the financial information needed to evaluate waiver. It affirmed…
C.B. and Department of Commerce, CCSI, Dallas, TX
C.B. (ECAB 12-1205): Injury claim reconsideration refused
C.B., a Commerce Department employee, sought reconsideration of an injury claim denial. His legal arguments repeated points OWCP had considered, and his new submission did not address the medical causation question. The Board found that he met none of the three requirements for reopening the claim…
D.S. and Department of the Navy, Naval Surface Warfare Center, Dam Neck, Norfolk, VA
D.S. (ECAB 12-1042): Pneumonitis wage-loss period denied
D.S., a Navy employee, had an accepted work-related hypersensitivity pneumonitis condition. He sought wage-loss compensation for several months away from work. The Board found that the medical evidence did not sufficiently establish disability from the accepted condition throughout that period. It…
M.L. and Department of the Air Force, Minnesota National Guard, Duluth, MN
M.L. (ECAB 12-0957): Work-related hearing loss claim denied
M.L., a National Guard quality assurance specialist, reported gradual hearing loss from work noise. The Board found that his claim lacked a description of the noise sources, exposure, and duties needed to establish the claimed work factors. It affirmed the denial.
International Masonry, Inc.
Scaffold citations produced a mixed result and $4,000 penalty
Three International Masonry employees fell about 37 feet when a scaffold platform supported by a modified corner bracket collapsed. One employee died and another was seriously injured. The Secretary withdrew four items, and the judge vacated allegations involving a damaged bracket, ladder…
Union of Pension Employees (Union) and Pension Benefit Guaranty Corporation (Agency)
Union of Pension Employees and PBGC (FLRA 0-AR-4832): Grievance barred after forum election
The Pension Benefit Guaranty Corporation denied an employee a within-grade pay increase after finding her performance unsatisfactory. She pursued an appeal before the Merit Systems Protection Board and later filed a grievance over the same denial. An arbitrator found the grievance barred under the…
L.J. and U.S. Postal Service, Post Office, Endicott, NY
L.J. (ECAB 12-1494): Foot treatment wage-loss claim denied
L.J., a postal carrier with accepted right knee conditions, sought compensation for time spent receiving foot and ankle treatment. The Board found that the treated conditions had not been accepted and that the evidence did not link them to the knee injury. It affirmed the wage-loss denial for those…
G.F. and U.S. Postal Service, Post Office, Jacksonville, FL
G.F. (ECAB 12-1478): Back injury claim denied
G.F., a postal employee, reported back and neck pain after lifting mail trays at work. OWCP accepted that the incident occurred and that he had a diagnosed back condition. The Board found that the medical evidence did not establish that the work event caused or aggravated the condition…
A.G. and Department of the Interior, Lassen Volcanic National Park, Mineral, CA
A.G. (ECAB 12-1473): Benefit termination reconsideration refused
A.G., a National Park Service employee, sought reconsideration of a decision ending benefits for several accepted conditions while continuing migraine-related medical benefits. The Board found that his submission did not satisfy a standard for further merits review. It affirmed the refusal to…
J.A. and Department of the Air Force, New York Air National Guard, Latham, NY
J.A. (ECAB 12-1370): Chair incident back injury claim denied
J.A., an Air National Guard employee, sat in a chair that was lower than expected and claimed a low back injury. OWCP accepted that the incident occurred. The Board found that the medical reports did not adequately link his diagnosed back conditions to that event. It affirmed the denial.
R.A. and Department of the Interior, National Park Service, Golden Gate National Recreation, San Francisco, CA
R.A. (ECAB 12-1339): Hearing loss claim barred as late
R.A., a National Park Service worker, claimed hearing loss from workplace noise. The Board found that she had missed FECA's filing deadline after becoming aware of the claimed work connection. It affirmed the denial without deciding the medical merits.
M.T. and Department of the Navy, Naval Shipyard, Pearl Harbor, HI
M.T. (ECAB 12-1294): Hearing award and hearing aids denied
M.T., a Navy sheet metal mechanic, reported hearing loss from shipyard noise. The Board found that the measured loss did not produce a ratable impairment under the schedule award formula. It also found no abuse of discretion in OWCP's refusal to authorize hearing aids on this record. It affirmed…
T.M. and U.S. Postal Service, Post Office, Santa Clarita, CA
T.M. (ECAB 12-1140): Receptionist wage capacity reduction reversed
T.M., a postal carrier, had an accepted left knee injury and began an assisted reemployment job as a receptionist and clerk. OWCP used her earnings in that job to reduce compensation. The Board found that the record did not support treating those earnings as a fair measure of her wage-earning…
K.P. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Albuquerque, NM
K.P. (ECAB 12-1033): Off-site parking lot injury claim denied
K.P., a veterans medical center nurse, fell in a city parking lot after her shift while walking to her car. The Board found that the off-site lot was outside the employer's premises and that the injury did not arise in the performance of duty. It affirmed the denial.
F.H. and U.S. Postal Service, Post Office, Oakland, CA
F.H. (ECAB 12-0994): Foot fracture claim denied
F.H., a postal employee, reported that a mail container ran over his left foot at work. OWCP accepted that the incident occurred. The Board found that the later medical evidence did not establish that this event caused the claimed fracture. It affirmed the denial.
J.T. and U.S. Postal Service, Post Office, Jacksonville, FL
J.T. (ECAB 12-0962): Paralegal wage capacity finding upheld
J.T., a postal mail handler, challenged an earlier wage-earning capacity finding based on a paralegal position. The Board reviewed the medical disagreement about his capacity for that work. It found that the evidence did not establish a material change in his injury-related condition or show that…
American Federation of Government Employees, Council 215 (Union) and Social Security Administration, Office of Disability Adjudication and Review (Agency)
AFGE Council 215 and Social Security Administration (FLRA 0-AR-4854): Grievance processing award upheld
An arbitrator found that the union and the Social Security Administration had not processed a grievance as their agreement required. He sent it back to the parties for proper processing without deciding the underlying claim. The union challenged that award, arguing that the arbitrator should have…
Duke's Sand & Gravel
Final assessment reopened for further proceedings
Duke's Sand & Gravel said a former employee who was not authorized to accept packages signed for a proposed assessment. Duke's also said it found the assessment under a box on a workbench. The Secretary did not oppose reopening but urged the operator to take steps to file future contests on time…
Northern Filter Media, Inc.
Reopening motion denied as untimely
Northern Filter Media sought to reopen a final penalty assessment after discovering that an employee with memory and confusion problems had treated an earlier letter as a sufficient contest. The Secretary opposed reopening because the company had not monitored the employee's compliance work and…
Noranda Alumina, LLC
One-day filing delay reopened after manager departure
Noranda Alumina filed its penalty contest one day late after its safety manager departed and failed to follow the company's standard procedure. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. In the interests of justice, the Commission reopened…
L.B. and U.S. Postal Service, Post Office, Harrisburg, PA
L.B. (ECAB 12-1592): Late injury reconsideration rejected
L.B., a postal mail handler, asked OWCP to reconsider an earlier denial of her back injury claim. Her request came more than one year after the last merits decision. The Board found that her submission did not clearly show error in the denial. It affirmed the refusal to reopen.
R.H. and U.S. Postal Service, Post Office, Kenosha, WI
R.H. (ECAB 12-1468): Mail delivery back injury claim denied
R.H., a postal carrier, reported low back symptoms while delivering mail. Her physician described pain and a possible muscle strain, but the Board found that the record lacked a sufficiently established diagnosis and medical explanation linking an injury to the work event. It affirmed the denial.
P.W. and U.S. Postal Service, Vehicle Maintenance Facility, Washington, DC
P.W. (ECAB 12-1262): Allergy claim reconsideration refused
P.W., a postal employee, attributed allergy and respiratory symptoms to workplace fumes and cold. She sought reconsideration of a denied injury claim. The Board found that her submission did not provide relevant new medical evidence or another basis for merits review. It affirmed the refusal to…
R.N. and Department of Homeland Security, U.S. Coast Guard, Baltimore, MD
R.N. (ECAB 12-1194): Wage capacity and overpayment rulings upheld
R.N., a Coast Guard materials handler, challenged an earlier wage-earning capacity determination and a large compensation overpayment. The Board found no basis to modify the wage capacity finding. It also upheld OWCP's $134,838.03 overpayment calculation and fault finding, which prevented waiver…
M.R. and Department of the Interior, Fish and Wildlife Service, Farmerville, LA
M.R. (ECAB 12-1136): ATV injury reconsideration refused
M.R., a Fish and Wildlife Service biologist, reported injuries from an all-terrain vehicle accident at work. OWCP accepted that the accident occurred but had denied the injury claim for insufficient medical evidence. The Board found that his later reconsideration request did not supply new relevant…
D.P. and U.S. Postal Service, Post Office, Upper Marlboro, MD
D.P. (ECAB 12-1122): Carpal tunnel impairment returned for review
D.P., a postal employee, sought an arm schedule award for accepted bilateral carpal tunnel syndrome. OWCP relied on an older medical opinion finding no ratable impairment. The Board found that later testing and impairment evidence needed review by OWCP's medical adviser before a new award decision…
G.S. and Department of Agriculture, Cleveland National Forest, San Diego, CA
G.S. (ECAB 12-1082): Minor worker wage comparison returned
G.S., a forest fire worker, was injured at age nineteen and later became a registered nurse. OWCP compared his nursing earnings with the current rate of the job he held when injured. The Board found that FECA required comparison with the job and grade he likely would have held when he turned…
C.B. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA
C.B. (ECAB 12-1081): Back disability recurrence denied
C.B., a transportation security officer, returned to modified duty after an accepted back injury and surgery. He stopped work in March 2011 and claimed a recurrence of total disability. The Board found that the evidence did not establish a qualifying change in his condition or light-duty…
A.P. and U.S. Postal Service, Post Office, Indianapolis, IN
A.P. (ECAB 12-1025): Carpal tunnel disability recurrence denied
A.P., a postal mail handler, had accepted right carpal tunnel syndrome and surgery. She claimed renewed partial disability beginning January 7, 2011. The Board found no claimed change in her light-duty duties and insufficient medical proof of a worsened work-related condition. It affirmed the…
C.S. and U.S. Postal Service, Post Office, Carol Stream, IL
C.S. (ECAB 12-1834): Wage capacity modification request returned
C.S., a postal clerk, asked OWCP to modify an earlier wage-earning capacity finding. OWCP treated her submission as a late reconsideration request subject to a clear error standard. The Board found that she sought modification of the wage finding, which called for review on the merits. It set aside…
M.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Coatesville, PA
M.B. (ECAB 12-1526): Back claim reconsideration refused
M.B., a veterans medical center employee, sought reconsideration of an occupational back condition claim attributed to sitting at work. The Board found that the submission did not meet the standard for further merits review. It affirmed OWCP's refusal to reopen.
R.M. and U.S. Postal Service, Post Office, Hartford, CT
R.M. (ECAB 12-1448): Eye injury denial upheld on causation grounds
R.M., a postal employee, reported eye symptoms after wet debris was thrown at her face at work. OWCP denied the claim because it found the incident unproven. The Board found enough evidence that the incident occurred but insufficient medical proof that it caused the claimed corneal abrasions. It…
A.C. and Department of Homeland Security, Transportation Security Administration, Phoenix, AZ
A.C. (ECAB 12-1445): Continuing arm disability claim denied
A.C., a transportation security officer, sought continued compensation for accepted bilateral elbow conditions after OWCP ended his benefits. The Board found that the later medical submissions did not establish ongoing work-related disability or residuals after September 26, 2010. It affirmed…
A.A. and U.S. Postal Service, Post Office, Detroit, MI
A.A. (ECAB 12-1422): Further disability recurrence denied
A.A., a postal employee, sought wage-loss compensation for another period of claimed disability from an accepted injury. The Board found that the evidence did not establish disability from that injury during the contested period. It affirmed the denial. The source states different end dates for…
N.L. and Department of the Navy, Navy Facilities Engineering Command, Colts Neck, NJ
N.L. (ECAB 12-1209): Right leg impairment rating returned
N.L., a Navy employee, sought a larger right leg schedule award. OWCP had obtained a medical adviser opinion but did not send later hearing evidence back for review. The Board found that a current adviser assessment was needed to resolve the impairment rating. It set aside the award decision and…
D.H. and U.S. Postal Service, Post Office, Forest Park, IL
D.H. (ECAB 12-1188): Wrist impairment dispute returned
D.H., a postal employee, sought a schedule award for accepted wrist tendinitis and carpal tunnel syndrome. One physician found a ratable permanent impairment; another found none. The Board found a medical conflict that OWCP had not resolved. It set aside the decisions and returned the award…
D.W. and U.S. Postal Service, Triborough Post Office, New York, NY
D.W. (ECAB 12-1079): Right foot plantar fasciitis claim denied
D.W., a postal carrier, attributed plantar fasciitis to walking and standing while delivering mail. OWCP accepted those duties as work factors. The Board found that the medical evidence did not adequately explain how the duties caused the foot condition. It affirmed the denial.
N.G. and Department of the Army, Aberdeen Proving Ground, Aberdeen, MD
N.G. (ECAB 12-0981): Compensation suspended for missing form
N.G., an Army employee receiving compensation for an accepted ankle injury, was asked to report her employment activities on an EN1032 form. OWCP warned that benefits could be suspended if the form was not returned within thirty days. The Board found that she had not responded before OWCP's…
M.H. and U.S. Postal Service, Processing and Distribution Center, Orlando, FL
M.H. (ECAB 12-0130): Workplace stress condition claim denied
M.H., a postal employee, attributed a stress condition to alleged harassment and other workplace events. The Board found that the evidence did not establish a compensable employment factor underlying the condition. It affirmed the denial.
United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Chapter 73 (Union)
IRS and NTEU Chapter 73 (FLRA 0-AR-4704): Tax withholding reconsideration denied
The IRS initially withheld too little city tax from employees' paychecks, then made larger deductions to recover the shortfall. An arbitrator directed the agency to waive its claims against the employees and repay the extra deductions, and the Authority had denied the agency's exceptions. The…
R.O. and Department of Homeland Security, Transportation Security Administration, College Park, GA
R.O. (ECAB 12-1775): Air marshal injury reconsideration refused
R.O., a federal air marshal, sought reconsideration of a claim involving neck and back symptoms after a training exercise. The Board found that his submission did not present a new legal argument or relevant evidence sufficient to reopen the merits. It affirmed OWCP's refusal.
S.P. and Department of the Army, Fort Sam, Houston, TX
S.P. (ECAB 12-1566): Elevator injury and pay claims denied
S.P., an Army nurse, reported back and leg injuries after an elevator dropped while she was inside. She filed her injury notice more than five months later, past the thirty-day continuation-of-pay deadline. The Board also found that the medical evidence did not adequately link the claimed…
E.S. and U.S. Postal Service, South Suburban Processing and Distribution Center, Bedford Park, IL
E.S. (ECAB 12-1539): One percent leg award and hearing ruling upheld
E.S., a postal machine operator, sought a schedule award greater than one percent for his right leg. The Board found that the medical evidence supported no greater rating. It also upheld OWCP's determination that he had abandoned his request for an oral hearing. It affirmed both decisions.
M.H. and Department of Veterans Affairs, Cardiac Cath Lab, Omaha, NE
M.H. (ECAB 12-1362): Back reinjury claim denied
M.H., a veterans medical center nurse, reported reinjuring his back while bending to pick up a package at work. OWCP accepted that the event happened. The Board found that the medical evidence did not adequately link his diagnosed back condition to that event rather than an earlier injury. It…
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.