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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S.G. and U.S. Postal Service, Post Office, Chicago, IL
S.G. (ECAB 12-1274): Overpayment upheld; waiver returned
S.G., a postal employee, challenged an overpayment after receiving compensation during a return-to-work period. The Board upheld the finding that she had received $4,757.39 too much and had abandoned a requested hearing. It set aside the ruling on fault and waiver for further consideration. It…
R.B. and Department of Veterans Affairs, Veterans Administration Medical Center, San Francisco, CA
R.B. (ECAB 12-1108): Police duty belt back claim returned
R.B., a veterans medical center police officer, attributed a back condition to years of wearing a heavy equipment belt and performing other duties. The Board found that the medical record did not adequately resolve the claimed work connection. It set aside the denial and returned the case for…
L.I. and Department of the Interior, Bureau of Indian Affairs, Warm Springs, OR
L.I. (ECAB 12-1104): Compensation suspended for missing report
L.I., a Bureau of Indian Affairs employee receiving compensation, was asked to report employment activity on a CA-1032 form. The Board found that he had not returned the form by OWCP's decision date. A later submission could not be considered on this appeal. It affirmed the suspension.
R.F. and Department of the Army, Army Materiel Command, Corpus Christi, TX
R.F. (ECAB 12-1035): Hearing claim timeliness denial reversed
R.F., a retired Army employee, filed a hearing loss claim years after he noticed the condition. The Board found that the employer's hearing conservation audiograms gave timely constructive notice of the claimed injury, preventing denial solely for late filing. It returned the claim for review by a…
N.M. and Department of Veterans Affairs, Thomas E. Crock Medical Center, Amarillo, TX
N.M. (ECAB 12-0743): Workplace emotional condition claim denied
N.M., a veterans medical center warehouse supervisor, attributed an emotional condition to alleged hostile treatment and problems with his compensation claim. The Board found that the record did not establish a compensable work factor for the claimed condition. It affirmed the denial.
Northern Aggregates
Training citation settled with a $100 penalty
MSHA cited Northern Aggregates for a training violation and specially assessed a $1,500 penalty. In settlement, the Secretary stated that the cited worker was a service worker employed by another company rather than a miner and that the citation and inspector's notes did not address that issue. The…
LHC, Inc.
Late contest denied after citation remained in company inbox
OSHA issued LHC four serious citation items carrying $10,780 in proposed penalties. The company's president received and signed for the citation, but it remained in his inbox while he tried to gather information from employees working elsewhere in Montana. LHC notified OSHA of its intent to contest…
Matter of Jorge Isaac SANCHEZ-LOPEZ
California stalking conviction qualifies as a crime of stalking
The Board reviewed a Peruvian lawful permanent resident's appeal after an Immigration Judge found him removable for a California stalking conviction and denied cancellation of removal as a matter of discretion. The Board held that a conviction under California Penal Code section 646.9 is a crime of…
Secretary of Labor on behalf of Robert Jackson v. Lafarge North America, Inc.
Economic reinstatement settlement approved
The Secretary sought temporary reinstatement for Robert Jackson after Lafarge North America terminated his plant-operator employment. The parties agreed to economic reinstatement retroactive to November 9, 2012, with Jackson receiving his regular pay, increases, bonuses, and benefits. Judge Richard…
Shawn Walker v. Todd Pacific Shipyards
Walker v. Todd Pacific Shipyards (BRB 12-0180 and 12-0315): rehabilitation and disability rulings initially affirmed
Shawn Walker injured his hand while working as a boilermaker and entered an approved electronics training program. Todd Pacific Shipyards challenged both the vocational rehabilitation plan and an administrative law judge's award of total disability benefits during training. The Board found that the…
Hector Leyva v. Service Employees International, Incorporated
Leyva v. Service Employees International (BRB 12-0111): shoulder benefits denial returned for medical review
Hector Leyva injured both shoulders while working as a mechanic in Iraq and later sought additional disability benefits. An administrative law judge denied the claim after relying in part on a physician selected as an independent medical examiner. The Board found that the judge had not made…
J.L. and Government Printing Office, Public Documents Department, Washington, DC
J.L. (ECAB 12-1278): Old wage capacity decision returned for findings
J.L., a Government Printing Office employee, challenged a 1979 wage-earning capacity finding based on an order clerk job. After an earlier remand to reconstruct the record, OWCP again rejected modification without discussing key documents and arguments about the job's availability and his physical…
B.B. and U.S. Postal Service, Post Office, Detroit, MI
B.B. (ECAB 12-1132): Missing reconsideration record returned
B.B., a postal employee, appealed a ruling that her reconsideration request was late and lacked clear evidence of error. The Board found that the record omitted the prior merits decision used to measure timeliness and most of a hearing transcript. It could not fairly review the appeal. It set aside…
M.R. and Defense Finance and Accounting Service, Fort Sill, IN
M.R. (ECAB 12-0914): Leg impairment reports returned for review
M.R., a Defense Finance and Accounting Service employee, sought a leg schedule award after an accepted back injury. Medical evaluators gave differing impairment ratings. OWCP's adviser did not review one of the submitted physician reports. The Board set aside the denial and directed a complete…
E.S. and U.S. Postal Service, Post Office, Richmond, VA
E.S. (ECAB 12-0460): Received impairment evidence returned for review
E.S., a postal carrier, sought an upper extremity schedule award for an accepted condition. OWCP said it had not received the new medical reports she cited. The Board found proof that OWCP had received them and directed it to obtain the missing material and issue a merits decision. It set aside the…
D.M. and U.S. Postal Service, Post Office, New Orleans, LA
D.M. (ECAB 12-1563): Insurance premium overpayment upheld
D.M., a postal letter carrier, received too much compensation because insurance premiums were not fully deducted during intermittent periods. OWCP found a $1,612.68 overpayment, without fault on his part, and denied waiver. The Board upheld the amount and the waiver denial.
C.M. and U.S. Postal Service, Post Office, Lakewood, OH
C.M. (ECAB 12-1446): Knee treatment claim reopened for review
C.M., a postal carrier with accepted knee conditions, sought further treatment and reconsideration after OWCP denied a recurrence claim. The Board found that a new physician report was relevant to the contested medical issue. She did not need to prove the whole claim merely to obtain review. It set…
D.H. and Department of the Treasury, Internal Revenue Service, Knoxville, TN
D.H. (ECAB 12-1421): Allergy claim reconsideration refused
D.H., an IRS employee, sought reconsideration of a claim involving accepted allergic conditions. His representative cited another Board case but did not explain how it applied to his claim. The Board found no new relevant evidence or legal argument requiring further merits review. It affirmed the…
J.F. and U.S. Postal Service, Post Office, Waco, TX
J.F. (ECAB 12-1410): Modified clerk wage capacity finding upheld
J.F., a postal employee, claimed a recurrence of disability and sought to change an earlier wage-earning capacity finding based on modified clerk work. She alleged changes in the job duties and her ability to perform them. The Board found that the evidence did not establish a qualifying basis to…
N.M. and Department of Homeland Security, Transportation Security Administration, San Jose, CA
N.M. (ECAB 12-1257): Zero wage-loss finding upheld
N.M., a transportation security employee, challenged a modification of her wage-earning capacity to zero loss and a denial of an oral hearing. Her physician released her to full work without restrictions from the accepted hand and wrist conditions. The Board upheld the finding of no remaining wage…
N.W. and U.S. Postal Service, Cardwell Station, Fresno, CA
N.W. (ECAB 12-1052): Unfinished back examination returned
N.W., a postal letter carrier, claimed a back condition from repetitive duties. OWCP referred her for a second opinion, but the physician did not examine her because she was in a leg cast and recommended a later appointment. OWCP denied the claim without completing that development. The Board set…
E.G. and U.S. Postal Service, Post Office, Bartlett, TN
E.G. (ECAB 12-1011): Suitable work benefit termination reversed
E.G., a postal employee, challenged termination of benefits for refusing a job OWCP considered suitable. An impartial physician had assessed his work capacity. The Board found that the opinion did not adequately resolve the medical conflict, so OWCP had not proved the offered work was suitable. It…
B.M. and U.S. Postal Service, Processing and Distribution Center, New Orleans, LA
B.M. (ECAB 12-0983): Neck and migraine claims denied
B.M., a postal employee, attributed migraines and neck, upper back, and shoulder blade conditions to work. The Board found that the evidence did not establish medical causation for those conditions. It also found no basis requiring OWCP to reopen the claim. It affirmed both decisions.
J.D. and U.S. Postal Service, Post Office, Bolingbrook, IL
J.D. (ECAB 12-0948): Respiratory claim reconsideration refused
J.D., a postal employee, sought reconsideration of a denied respiratory claim involving workplace cleaning chemicals. The Board found that her request did not establish a new legal basis or provide relevant medical evidence resolving the work-causation question. It affirmed the refusal to reopen.
S.R. and U.S. Postal Service, Post Office, New Fenton, MI
S.R. (ECAB 12-0484): Wrist occupational disease claim denied
S.R., a postal rural carrier, claimed that repetitive duties caused de Quervain's disease and intersection syndrome. OWCP accepted her work activities, and the diagnoses were documented. The Board found that the medical evidence did not adequately link the conditions to those duties. It affirmed…
Bridger Coal Company
Expedited hearing denied, prompt hearing directed
Bridger Coal contested a citation issued after MSHA demanded copies of miner statements taken during an accident investigation. Bridger claimed work-product protection and asked for expedited review, while the Secretary argued there was no continuing harm or hardship. Judge William B. Moran found…
G.S. and Department of the Air Force, Andrews Air Force Base, MD
G.S. (ECAB 12-1562): Late back claim reconsideration rejected
G.S., an Air Force employee, sought reconsideration of a denied lumbar strain claim. His request came more than a year after the last merits decision. The Board found that his medical submission did not clearly establish error in that decision. It affirmed OWCP's refusal.
G.Q. and Department of Veterans Affairs, James A. Haley Veterans Hospital, Tampa, FL
G.Q. (ECAB 12-1459): Ankle injury accepted; benefit cutoff reversed
G.Q., a veterans hospital employee, injured his left ankle while pushing a cart at work. OWCP accepted a sprain but simultaneously found it resolved by September 2011 and ended benefits. The Board found that OWCP had not proved the accepted condition had resolved. It affirmed the acceptance and…
V.L. and U.S. Postal Service, Processing and Distribution Center, Greensboro, NC
V.L. (ECAB 12-1444): Shoulder injury wage-loss periods denied
V.L., a postal employee, had accepted right shoulder conditions and claimed disability during two later periods. The Board found that the evidence did not establish work-related disability from August 12 through September 14 or November 8 through December 13, 2011. It affirmed both denials.
S.W. and Department of Justice, Federal Bureau of Prisons, Marion, IL
S.W. (ECAB 12-1411): Six percent right arm award upheld
S.W., a prison equipment repairer, sought a larger award for accepted right shoulder and arm conditions. The Board found that the medical evidence supported no more than six percent permanent impairment under the applicable guides. It affirmed OWCP's award determination.
G.B. and U.S. Postal Service, Post Office, Bellmawr, NJ
G.B. (ECAB 12-1196): Missing diagnostic studies in back claim returned
G.B., a postal letter carrier, claimed a low back injury related to work. OWCP used an impartial physician to resolve conflicting medical opinions. The Board found that OWCP had not supplied diagnostic studies the physician needed to form his opinion. It set aside the denial and remanded for a…
D.B. and U.S. Postal Service, Post Office, Newark, NJ
D.B. (ECAB 12-1131): Reported workplace threat claim denied
D.B., a postal carrier, claimed an emotional condition after reporting an armed threat while working. The Board found that the record lacked the detailed factual account needed to establish the asserted incident as a compensable work factor. It affirmed the denial.
S.S. and U.S. Postal Service, Post Office, San Jose, CA
S.S. (ECAB 12-1031): Lumbar disability recurrence returned
S.S., a postal employee, had accepted lumbar conditions and claimed disability from December 13, 2010 through January 15, 2011. The Board found that the medical evidence concerning worsening symptoms required further development before the claim could be decided. It set aside the denial and…
L.S. and Department of Labor, Employment Standards Administration, New York, NY
L.S. (ECAB 12-0987): Medical conflict in workstation injury returned
L.S., a Labor Department claims examiner, reported symptoms after working at a computer station. The Board found that much of her medical evidence did not establish causation, but the record contained an unresolved conflict of medical opinion. It set aside the denial for further medical review.
W.F. and U.S. Postal Service, Post Office, Providence, RI
W.F. (ECAB 12-0479): Temporary knee aggravation benefit termination upheld
W.F., a postal employee, had an accepted temporary aggravation of a right knee condition. The Board found that OWCP's medical evidence established that the work-related aggravation had ended by August 31, 2008. It affirmed the termination of compensation and treatment benefits.
Secretary of Labor on behalf of Robert Mitchell v. Vulcan Construction Materials, LP
Economic reinstatement settlement approved
The Secretary sought temporary reinstatement for Robert Mitchell after Vulcan Construction Materials terminated his front-end loader employment. The parties agreed that similarly situated miners were on seasonal layoff and that Mitchell would be economically reinstated when his seniority would…
C & E Concrete, Inc.
Conveyor guarding citation vacated
MSHA cited C & E Concrete after an inspector saw two unguarded return rollers on an operating conveyor at its crushed-limestone mine. The company relied on the exception for moving parts at least seven feet away from walking or working surfaces. Judge Jeffrey Tureck treated that exception as an…
D.S. and Department of Health and Human Services, National Institutes of Health, Bethesda, MD
D.S. (ECAB 12-1350): Desk clerk wage capacity request returned
D.S., a National Institutes of Health employee, challenged a wage-earning capacity finding based on a desk clerk position. OWCP treated his submission as a reconsideration request and denied review. The Board found that his arguments and medical evidence called for a decision on whether to modify…
A.S. and U.S. Postal Service, Greater South Carolina Performance Cluster, Columbia, SC
A.S. (ECAB 12-1327): Withdrawn limited duty wage request returned
A.S., a postal employee, sought wage-loss compensation after limited-duty hours were withdrawn. OWCP treated her submission as a reconsideration request and denied merits review. The Board found that OWCP needed to adjudicate modification of the wage-earning capacity determination and consider its…
L.T. and Department of Homeland Security, Immigration and Customs Enforcement, Brown Field Station, Chula Vista, CA
L.T. (ECAB 12-1314): Disability recurrence claim denied
L.T., an immigration enforcement employee, claimed a recurrence of disability beginning July 31, 1996 from accepted conditions. The Board found that the medical evidence did not adequately establish a causal link between the accepted conditions and the claimed disability. It affirmed the denial.
J.W. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
J.W. (ECAB 12-1309): Missed oral hearing deemed abandoned
J.W., a Navy shipyard employee, requested an oral hearing on his claim. OWCP mailed notice to his address more than thirty days before the scheduled date. He did not appear or timely explain the absence. The Board affirmed the abandonment finding.
C.S. and U.S. Postal Service, Post Office, Wood River, IL
C.S. (ECAB 12-1279): Leg impairment method corrected again
C.S., a postal employee, received a four percent left leg award and no right leg award after an accepted lumbar condition. The Board had previously directed OWCP to use the correct spinal nerve impairment method. OWCP's adviser again used the method the Board had rejected. It set aside the new…
N.S. and U.S. Postal Service, Main Post Office, Billings, MT
N.S. (ECAB 12-1264): Continued injury disability claim denied
N.S., a postal employee, sought compensation for disability and injury residuals after April 21, 2008. The Board found that later medical reports did not adequately show continued disability from her accepted 2007 injury. It affirmed OWCP's denial.
G.S. and Department of Homeland Security, Customs and Border Patrol, Del Rio, TX
G.S. (ECAB 12-1243): Late reconsideration ruling returned for reasons
G.S., a border patrol agent, sought reconsideration of a denied injury claim after a snowmobile incident. OWCP found his request late and rejected it without discussing the medical reports he submitted. The Board found the decision lacked enough explanation to review its clear-error conclusion. It…
D.W. and Department of the Air Force, Civilian Personnel Injury Compensation Office, Whiteman Air Force Base, MO
D.W. (ECAB 12-1226): Unanswered reconsideration request sent back to OWCP
D.W. asked OWCP to reopen a denied occupational disease claim and submitted new medical reports. A claims examiner responded by referring him to appeal rights from the earlier denial. The Board treated that response as a reviewable denial of his reconsideration request. It found no evidence that…
T.W. and U.S. Postal Service, Post Office, Houston, TX
T.W. (ECAB 12-1126): Termination of wage-loss benefits reversed
T.W., a postal mail handler, received wage-loss compensation after an accepted neck injury. OWCP ended those benefits based on an impartial orthopedic surgeon's view that she could return to full duty. The Board found the surgeon's report too brief and insufficiently explained to resolve the…
D.B. and U.S. Postal Service, Post Office, Bellmawr, NJ
D.B. (ECAB 12-1112): Schedule award sent back for combined claim files
D.B., a postal worker, appealed a schedule award for impairment of both arms. An impartial physician had used records from a separate claim for a right shoulder injury, but that claim file was missing from the record before the Board. The Board found that the related files needed to be combined so…
J.H. and U.S. Postal Service, Post Office, San Diego, CA
J.H. (ECAB 12-1089): Wage capacity reduction based on full-time work reversed
J.H., a part-time letter carrier, challenged a reduction in her injury compensation based on the wages of a full-time information clerk. OWCP had found that constructed job suitable and refused to change its wage-earning capacity decision. The Board found the original calculation erroneous because…
L.D. and U.S. Postal Service, Post Office, Philadelphia, PA
L.D. (ECAB 12-1061): Related claim files must be combined before a new decision
L.D., a postal worker, appealed denials involving a claimed recurrence of disability and a larger schedule award for arm impairment. Medical evidence about a cervical condition was in a separate claim file that OWCP had denied. The Board found that the evidence in that file bore directly on both…
S.P. and U.S. Postal Service, Post Office, Bellevelle, MI
S.P. (ECAB 12-963): Injury claim and request to reopen both denied
S.P., a mail carrier, reported tripping while checking for outgoing mail and sought compensation for back and toe injuries. OWCP accepted that the incident happened but found no medical explanation linking her diagnosed condition to it. The Board agreed that the medical reports did not establish…
J.M. and Department of the Army, Civilian Personnel Office, Fort Jackson, SC
J.M. (ECAB 12-954): Overpayment found, amount sent back for recalculation
J.M., a former Army pipefitter, challenged OWCP's finding that he received a $42,864.92 overpayment while drawing federal compensation and Social Security retirement benefits. The Board agreed that some disability payments required an offset, and it found he was without fault. OWCP had calculated…
L.M. and U.S. Postal Service, Post Office, Jacksonville, FL
L.M. (ECAB 12-942): New shoulder reports require a merits review
L.M., a postal worker, sought reconsideration after OWCP denied authorization for left shoulder surgery. She submitted new physician reports identifying rotator cuff tearing, a point missing from earlier reports and relevant to OWCP's denial. The Board found those reports pertinent enough to…
M.B. and U.S. Postal Service, Dallas P & DC, Dallas, TX
M.B. (ECAB 12-749): Disability claim requires review of wage capacity finding
M.B., a postal worker, sought total disability compensation for a period after OWCP had set her wage-earning capacity based on a part-time modified clerk job. OWCP treated her request as a recurrence claim. The Board found that OWCP should instead decide whether the earlier wage-earning capacity…
J.W. and U.S. Postal Service, Dallas Performance Cluster, Coppell, TX
J.W. (ECAB 12-711): Withdrawn postal job requires further wage-capacity review
J.W., a postal dock worker, sought wage-loss compensation after the Postal Service withdrew his limited-duty job. OWCP denied modification of its earlier wage-earning capacity finding. The Board found that OWCP had not followed its procedures for reviewing cases involving jobs withdrawn under the…
H.S. and U.S. Postal Service, Post Office, Atlanta, GA
H.S. (ECAB 12-629): Duplicate occupational disease claim remains denied
H.S., a postal distribution clerk, filed a later claim alleging back and neck problems from the same duties and onset date identified in an earlier claim. OWCP had denied the earlier claim and, after combining the related files, refused to change its denial of the later filing. The Board found that…
D.D. and U.S. Postal Service, Post Office, Brooklyn, NY
D.D. (ECAB 12-491): Termination of hip-injury benefits upheld
D.D., a postal motor equipment operator, received compensation for an accepted right hip contusion after a work incident. OWCP ended benefits after finding that the contusion had resolved. The Board found that OWCP had supported the termination and that D.D. had not established continuing…
W.L. and U.S. Postal Service, Post Office, Beaumont, CA
W.L. (ECAB 12-320): Overpayment calculation lacked payment records
W.L., a postal carrier, challenged an overpayment calculation related to stipends he earned while receiving wage-loss compensation. The Board found that OWCP had not accounted for a refund he already paid after a third-party settlement. Payment records also were missing for part of the claimed…
Wormley Brothers Enterprises, Inc.
Repeat ladder violation affirmed
Wormley Brothers was finishing a flat roof on a Georgia bank project when OSHA observed five employees, including the foreman, use a portable ladder to leave the roof. The roof was about 17 feet high, but the ladder rails extended only 18 inches above the landing instead of the required 3 feet. The…
Secretary of Labor on behalf of Todd Fagg v. Baker Hughes, Inc.
Economic reinstatement agreement approved
The Secretary sought temporary reinstatement for Todd Fagg after Baker Hughes suspended and terminated his employment at the Argenta Mine and Mill. The parties agreed to economic reinstatement without Baker Hughes admitting that Fagg's discrimination complaint was not frivolously brought. The…
Twin Pines Construction, Inc./Teles Construction
Six items affirmed by default
OSHA issued Twin Pines Construction/Teles Construction two serious items and four other-than-serious items after a Massachusetts inspection. The allegations involved an obstructed or slippery emergency exit, forklift refresher training, injury and illness records, record production, and forklift…
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.