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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J.G. and U.S. Postal Service, Post Office, Las Vegas, NV
J.G. (ECAB 12-0932): Back condition claim denied for lack of medical causation
J.G., a postal clerk, attributed lumbar radiculopathy to pitching mail, bending, and twisting at work. OWCP accepted the stated duties and the existence of a diagnosed condition. The Board found that the medical reports did not provide a clear, reasoned link between the condition and those duties…
M.R. and U.S. Postal Service, Atocha Station, Ponce, PR
M.R. (ECAB 12-0822): Left knee occupational claim denial upheld
M.R., a postal clerk with an earlier left knee injury, attributed renewed knee trouble to bending, sorting mail, and prolonged standing after returning to work. The Board agreed that OWCP properly treated the new work exposure as an occupational disease claim. Her physician named several conditions…
T.B. and Department of Justice, U.S. Bureau of Prisons, McCreary, Pine Knot, KY
T.B. (ECAB 12-0737): Visible knee bruise established; further injury unproven
T.B., a correctional supervisor, twisted his left knee while restraining an inmate. A same-day nurse's note recorded a visible bruise, and the Board held that this minor injury could be established without a physician's report. The medical reports did not establish that the incident aggravated his…
W.D. and U.S. Postal Service, Post Office, Bradley, IL
W.D. (ECAB 12-0451): Twenty-five percent left leg impairment award upheld
W.D., a postal carrier, sought a higher award after a partial left knee replacement. His physician rated impairment at 39 percent using an outdated edition of the impairment guides. OWCP's medical adviser applied the required sixth edition and rated the stable, functional knee replacement at 25…
C.C. and U.S. Postal Service, Greensboro Performance Cluster, Greensboro, NC
C.C. (ECAB 12-0305): Withdrawn light-duty claim returned for proper review
C.C., a postal letter carrier with an accepted left foot and ankle injury, stopped working when the Postal Service withdrew her light-duty assignment. OWCP denied her recurrence claim without fully applying its guidance for positions withdrawn under the National Reassessment Process. The Board…
Active Minerals International, LLC
Paid assessments left closed despite later individual investigation
Active Minerals paid two proposed penalties believing that payment would end litigation over the violations. After MSHA began a possible individual-liability investigation under section 110(c), the operator sought reopening so its payments would not be treated as admissions against the company or…
Matter of M-H-
Particularly serious crime standard applies in the Third Circuit
The Board reviewed cross-appeals involving a Pakistani exchange visitor who had convictions for corruption of minors and indecent assault. The Immigration Judge denied asylum and withholding of removal, granted withholding under the Convention Against Torture, and found that the respondent was not…
B.B. and U.S. Postal Service, Post Office, Jackson, MS
B.B. (ECAB 12-1345): Back claim denial and late review refusal upheld
B.B., a postal carrier, reported back pain after a vehicle struck his mail truck from behind. OWCP accepted the collision, but the medical records gave no firm back diagnosis or reasoned opinion linking an injury to it. The Board also found that his written-record review request was filed after the…
M.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Pittsburgh, PA
M.C. (ECAB 12-1304): Carpal tunnel claim denied for lack of medical causation
M.C., a VA medical support assistant, attributed carpal tunnel syndrome in both hands to her clerical work. Her surgeon diagnosed the condition but described her work as nonstop typing, while her own account included several other duties. The Board found that his report neither reflected her full…
S.B. and U.S. Postal Service, Post Office, Odessa, FL
S.B. (ECAB 12-1291): Late reconsideration refusal upheld
S.B., a postal rural carrier, requested reconsideration of a June 2010 denial more than one year later. Her later reports described symptoms and an accepted injury in another claim but did not address why her claimed 2010 conditions resulted from the duties at issue. The Board found no clear…
A.S. and Department of Veterans Affairs, Clement J. Zablocki Medical Center, Milwaukee, WI
A.S. (ECAB 12-1260): Disability recurrence denial upheld
A.S., a VA health care technician, alleged that an accepted 1993 back injury caused total disability beginning in August 2001. His medical reports did not explain his ability to work at that time or link the claimed disability to the accepted injury. One treating physician instead attributed later…
A.P. and Department of Homeland Security, Transportation Security Administration, Windsor Locks, CT
A.P. (ECAB 12-1215): Lung impairment award returned for recalculation
A.P., a former transportation security officer, received a schedule award for asthma-related lung impairment. The Board found that OWCP's medical adviser had applied an outdated edition of the impairment guides. It also noted that OWCP calculated the award period using one lung rather than both…
I.W. and U.S. Postal Service, Post Office, Bellmawr, NJ
I.W. (ECAB 12-1155): Incomplete injury record returned to OWCP
I.W., a postal clerk, appealed a decision involving a claimed back injury from lifting at work. The decision under appeal was missing from the Board's record, and another related occupational injury file may contain relevant evidence. The Board could not fully review the case on the incomplete…
L.W. and U.S. Postal Service, Port Murray Post Office, Port Murray, NJ
L.W. (ECAB 12-1141): Back condition claim returned for specialist review
L.W., a rural mail carrier, claimed that lifting and sorting mail caused or aggravated a lumbar disc condition that required surgery. Her surgeon's reports described the duties and supported a link, but did not fully explain the medical reasoning. The Board found the reports sufficient to require…
L.E. and Department of Defense, Defense Supply Center, Philadelphia, PA
L.E. (ECAB 12-1113): Arm impairment case returned for impartial examiner selection
L.E. sought a schedule award for accepted conditions in both arms. OWCP relied on a referee physician to resolve conflicting medical ratings, but the record did not show that it followed its rotating selection procedure. The Board held that the available appointment notice alone did not establish…
M.E. and Department of the Army, Army National Guard, Montgomery, AL
M.E. (ECAB 12-1008): Late hearing request refusal upheld
M.E., an Army National Guard employee, requested a hearing after the 30-day deadline. In an earlier appeal, the Board had directed OWCP to exercise its discretion on the late request. OWCP then considered it and explained that reconsideration could address the issue with new evidence. The Board…
J.R. and U.S. Postal Service, Gracie Station, New York, NY
J.R. (ECAB 12-0986): Overpayment ruling returned for fresh notice and review
J.R. challenged an overpayment arising from deductions for health and life insurance. After an earlier Board remand, OWCP issued a new final decision without first giving a new preliminary determination and an opportunity to provide current financial information. The Board required fresh notice…
L.S. and U.S. Postal Service, Processing and Distribution Center, St. Louis, MO
L.S. (ECAB 12-0931): Shoulder claim denial and reopening refusal upheld
L.S., a postal transportation supervisor, attributed right shoulder and arm conditions to reaching for work radios and a telephone. His medical reports diagnosed shoulder conditions but did not explain how his duties caused them. His reconsideration submission described the duties further but did…
B.B. and Department of Energy, Vancouver, WA
B.B. (ECAB 12-0657): Unreviewed medical addendum sent back to OWCP
B.B. submitted a physician's addendum linking his condition to a work incident before OWCP ruled on his claim. OWCP's decisions listed other evidence but did not acknowledge or address that addendum. The Board held that OWCP must consider evidence received before its decision. It returned the claim…
W.A. and Department of Energy, Western Power Administration, Loveland, CO
W.A. (ECAB 12-0523): Three percent right leg impairment award upheld
W.A., a federal electrician, sought a higher right leg schedule award after an accepted lumbar disc injury. OWCP's medical adviser rated a three percent sensory deficit under the applicable impairment method. The Board found that competing reports did not establish greater ratable leg impairment…
M.F. and Department of the Navy, Commander Naval Installations Command, JBPHH, HI
M.F. (ECAB 12-0456): Overpayment affirmed; fault ruling set aside
M.F., a Navy firefighter, received a disability payment by direct deposit after returning to part-time work. The Board upheld OWCP's calculation of a $930.17 overpayment. It found that this was the first incorrect deposit and that the record did not show he knew of the error when he accepted it…
David Stanley Consultants, LLC
Four citations vacated and two training citations left for further proceedings
After the Upper Big Branch explosion, MSHA cited David Stanley Consultants, a staffing contractor whose employees worked underground at the mine, for training and examination violations. Judge Margaret A. Miller held that the company was an independent contractor subject to the Mine Act because it…
Big Ridge, Inc. v. Secretary of Labor
Special-assessment review forms protected from discovery
Big Ridge sought MSHA's Special Assessment Review forms for the citations and orders in these cases, or alternatively asked the judge to strike the specially assessed penalties. Judge Thomas P. McCarthy held that the recommendation and review sections of the forms were part of MSHA's pre-decisional…
Pattison Sand Company, LLC
Roof-fall withdrawal order left unchanged on remand
After a roof fall, MSHA withdrew miners from unsupported areas south of a mine crosscut under a section 103(k) order. The Eighth Circuit held that the Commission had authority to modify such an order and remanded Pattison Sand's requests to narrow the affected area or allow its experts to enter for…
Wesley Stork v. Clark Seafood, Incorporated
Stork v. Clark Seafood (BRB 12-0136): fish processor's Longshore denial affirmed
Wesley Stork claimed work-related hearing loss from employment at Clark Seafood, where he last worked as an ice plant operator. An administrative law judge denied Longshore Act benefits, and the Board affirmed on the ground that Clark Seafood was a commercial fish processor. Under the aquaculture…
M.S. and Department of Transportation, Federal Aviation Administration, Washington, DC
M.S. (ECAB 12-1276): Extremity impairment award denied without a rating
M.S., an FAA computer specialist with accepted cervical and lumbar radiculopathy, sought an arm and leg schedule award. OWCP asked for a current impairment rating under the required guides, but none of her physicians supplied one. The Board found that a chiropractor's form gave neither an…
J.L. and U.S. Postal Service, Post Office, San Jose, CA
J.L. (ECAB 12-1273): Back and knee occupational claim denied
J.L., a postal letter carrier, attributed back degeneration and knee sprains to carrying mail and walking her route. OWCP accepted those duties, and her physicians diagnosed the conditions. The Board found that none of the reports explained whether or how the duties caused or aggravated them. It…
L.M. and Social Security Administration, Office of Management and Budget, Brooklyn, NY
L.M. (ECAB 12-1234): Knee claim denied for lack of medical causation
L.M., a Social Security contact representative, slipped and fell outside her office and later sought compensation for a right knee condition. OWCP accepted the fall, but her knee had been symptomatic before it. Her surgeon checked a form box stating that the fall aggravated the condition without…
J.S. and U.S. Postal Service, Memphis Bulk Mail Center, Memphis, TN
J.S. (ECAB 12-1170): Eight percent impairment of each arm upheld
J.S., a postal mail handler, sought greater awards for accepted nerve conditions in both arms. OWCP's medical adviser rated median and ulnar nerve entrapment in each arm under the sixth edition of the impairment guides. The Board found that the adviser correctly combined the entrapment ratings, and…
G.Y. and Department of the Navy, Marine Corps, Barstow, CA
G.Y. (ECAB 12-1139): Vocational rehabilitation reconsideration refusal upheld
G.Y., a Marine Corps painter helper, sought reconsideration after OWCP reduced his compensation for not taking part in vocational rehabilitation. His new request repeated medical reports and a school note already considered, while a job posting did not address the reason for missing training. The…
C.V. and Department of the Treasury, Internal Revenue Service, Fresno, CA
C.V. (ECAB 12-1095): Medical recurrence claim denied
C.V., an IRS technician, sought renewed medical treatment for arm and shoulder conditions years after an accepted 2006 injury. She did not stop work, so the Board treated the filing as a medical recurrence claim. Her physician described current conditions as work related but did not explain how…
L.C. and U.S. Postal Service, Post Office, Long Island City, NY
L.C. (ECAB 12-0972): Vocational rehabilitation benefit reduction reversed
L.C., a postal carrier with accepted shoulder, neck, and hand conditions, declined early vocational rehabilitation after his physician said he could not perform the proposed sedentary work. OWCP's referral physician gave a less restrictive opinion. The Board found an unresolved medical conflict…
S.C. and Department of the Interior, Office of Information Policy, Herndon, VA
S.C. (ECAB 12-0553): Claim rescission and overpayment reversed
S.C., a federal information technology supervisor, had an accepted psychological injury claim. OWCP later rescinded acceptance, saying no compensable work factor had been shown, and declared a $187,144.22 overpayment. The Board found that OWCP had not explained why a separate personnel ruling…
J.W. and U.S. Postal Service, Post Office, Chambers, GA
J.W. (ECAB 12-1567): Right arm award and hearing abandonment upheld
J.W., a postal carrier, sought a greater award after right shoulder surgery. His physician withdrew an earlier 12 percent rating and agreed with OWCP's medical adviser that the correct rating was 10 percent. The Board also found that J.W. missed a scheduled telephone hearing and did not seek…
G.P. and Department of Veterans Affairs, Veterans Affairs Medical Center, North Chicago, IL
G.P. (ECAB 12-1371): Additional leg impairment award denied
G.P., a VA housekeeping aide, sought more than the nine percent right leg impairment previously awarded and a new left leg award. An impartial examiner found no current sensory or motor impairment in either leg attributable to the accepted 1990 injury. The Board gave that reasoned opinion special…
C.N. and U.S. Postal Service
C.N. (ECAB 12-1224): Leg impairment and overpayment rulings upheld
C.N. sought a larger schedule award for a left leg injury and challenged an overpayment. The Board found no medical basis for impairment beyond the 19 percent already awarded. It also upheld the $13,584.24 overpayment finding and denial of waiver.
S.A. and Department of the Army
S.A. (ECAB 12-1151): Suitable work termination reversed
S.A., an Army employee, lost compensation after declining an offered job. OWCP evaluated the position against his physical restrictions but did not establish that it was suitable in light of a preexisting psychiatric condition. The Board reversed the termination.
A.A. and U.S. Postal Service
A.A. (ECAB 12-1116): Recurrence denial affirmed with corrected period
A.A., a postal employee, claimed a recurrence of disability after an accepted injury. The Board found the medical evidence insufficient to link the claimed disability to that injury. It affirmed the denial while correcting the period at issue to July 22, 2011 through January 20, 2012.
J.P. and U.S. Postal Service
J.P. (ECAB 12-0843): Unsuitable job offer could not end benefits
J.P., a postal worker, declined an offered position and OWCP ended her wage-loss compensation. The Board found that the job exceeded her medical restrictions. It reversed the suitable-work termination.
D.G. and U.S. Postal Service
D.G. (ECAB 12-0815): Right arm impairment awards upheld
D.G., a postal mail handler, sought an award for more than eight percent impairment of her right arm. Her prior awards of six and two percent were for the right arm. The Board found no accepted left-arm condition and concluded that the medical reports did not establish greater right-arm impairment…
E.B. and Department of Veterans Affairs
E.B. (ECAB 12-0682): Intermittent wage-loss claims denied
E.B., a Department of Veterans Affairs employee, claimed intermittent disability during 2011. The Board found that the disputed absences lacked adequate medical support or appointment documentation. It affirmed OWCP's denials for the dates before it.
L.M. and U.S. Postal Service
L.M. (ECAB 12-1423): Overpayment and waiver denial upheld
L.M., a postal employee, contested a $15,294.79 compensation overpayment and sought waiver. The Board upheld the overpayment. It also upheld the refusal to waive recovery because she had not provided the requested financial information.
D.M. and U.S. Postal Service
D.M. (ECAB 12-1298): Continuing back injury residuals not established
D.M., a postal employee, sought continued compensation after an accepted lumbar strain. The Board found that the medical reports did not adequately connect her ongoing symptoms to the accepted work injury. It affirmed OWCP's denial of continuing residuals.
J.R. and U.S. Postal Service
J.R. (ECAB 12-1099): Recurrence claim lacked medical support
J.R., a postal employee, claimed a recurrence of disability following an accepted injury. The Board found that the medical opinions did not adequately explain why her later inability to work was due to that injury rather than a subsequent motor vehicle accident. It affirmed the denial.
R.R. and U.S. Postal Service
R.R. (ECAB 12-1074): Benefits suspension for missing form upheld
R.R., a postal employee, did not return a requested Form CA-1032 reporting earnings and other information. The Board found that OWCP sent the request to his address of record and properly suspended compensation when he did not respond. It affirmed the suspension.
G.T. and U.S. Postal Service
G.T. (ECAB 12-1016): Late hearing request denied
G.T., a postal employee, requested an oral hearing more than 30 days after OWCP's merits decision. The Board found the request untimely and held that OWCP reasonably declined to grant a discretionary hearing. It affirmed the hearing denial without deciding the compensation claim anew.
M.Y. and U.S. Postal Service
M.Y. (ECAB 12-0971): Intermittent wage loss not established
M.Y., a postal employee, sought compensation for intermittent periods of disability beginning February 9, 2011. The Board found that the medical record did not establish disability for those periods. It affirmed OWCP's denial.
L.M. and U.S. Postal Service
L.M. (ECAB 12-0958): Back condition not medically linked to mail handling
L.M., a postal employee, attributed a back condition to handling mail tubs. Her duties were undisputed, but the medical reports did not explain how they caused or aggravated a diagnosed condition. The Board affirmed the denial.
J.D. and Department of Veterans Affairs
J.D. (ECAB 12-0481): Schedule award premature without maximum improvement
J.D., a Department of Veterans Affairs employee, sought a schedule award for permanent impairment. The Board found that the medical evidence did not establish maximum medical improvement, which was needed to rate permanent impairment. It affirmed OWCP's denial.
Robert Buttermore v. Electric Boat Corporation
Buttermore v. Electric Boat (BRB 12-0090): retroactive Special Fund relief affirmed
Robert Buttermore had stopped working at Electric Boat because of work-related injuries and received total disability benefits. A later order found that his disability had been permanent since September 14, 2000, and granted Electric Boat relief from the Special Fund after its first 104 weeks of…
E.I. and Tennessee Valley Authority
E.I. (ECAB 12-1471): Reconsideration refusal upheld
E.I., a Tennessee Valley Authority employee, requested reconsideration of a right arm impairment award. His request repeated earlier arguments and supplied no relevant new impairment evidence. The Board affirmed OWCP's refusal to reopen the claim and did not decide the impairment merits anew.
G.S. and U.S. Postal Service
G.S. (ECAB 12-1179): Arm impairment claim returned for medical development
G.S., a postal employee, sought a schedule award for right arm impairment. OWCP had not adequately addressed her physician's impairment report, and the medical record required further development. The Board set aside the decision and returned the claim for a new determination.
P.P. and U.S. Postal Service
P.P. (ECAB 12-0970): Benefit termination based on incomplete medical history reversed
P.P., a postal employee, received benefits for accepted injuries. OWCP ended them based on a second opinion that relied on an incomplete account of earlier accepted neck and back conditions. The Board found that opinion insufficient to outweigh the treating reports and reversed the termination.
S.C. and U.S. Postal Service
S.C. (ECAB 12-0956): Fall established but injury claim still denied
S.C., a postal employee, reported falling into a hole while leaving his work vehicle. The Board found the incident occurred, contrary to OWCP's finding, but the medical reports did not adequately connect a diagnosed condition to the fall. It affirmed the claim denial with that factual correction.
J.L. and U.S. Postal Service
J.L. (ECAB 12-0924): Overpayment upheld, waiver issue returned
J.L., a postal employee, challenged an overpayment and the refusal to waive recovery. The Board upheld the $2,353.70 overpayment, but found that OWCP had not properly notified her of the chance to submit financial information. It sent the waiver issue back for further proceedings.
P.M. and Department of Defense
P.M. (ECAB 12-0825): Wage capacity and back claim remanded in part
P.M., a Department of Defense employee, sought a change to a wage-earning capacity determination and expansion of her accepted claim. The Board found further development was needed for the wage capacity question and claimed back condition. It affirmed the denial of claim expansion for stress and…
C.R. and U.S. Postal Service
C.R. (ECAB 12-0823): Knee disability recurrence not established
C.R., a postal employee, claimed renewed disability from an accepted knee injury. The Board found that the medical reports did not explain how his disability beginning November 21, 2011 resulted from that injury. It affirmed OWCP's decisions.
M.L. and U.S. Postal Service
M.L. (ECAB 12-0738): Claimed workplace abuse not corroborated
M.L., a postal employee, attributed an emotional condition to alleged verbal abuse at work. The Board found that she had not corroborated the claimed workplace event. It affirmed the denial. The asserted verbal abuse remained unproven on this record.
R.B. and U.S. Postal Service
R.B. (ECAB 12-0518): Additional leg impairment award denied
R.B., a postal employee, sought an additional award for left leg impairment. The Board found that her medical evidence did not establish greater ratable impairment beyond the existing award. It affirmed OWCP's decisions.
American Federation of Government Employees, Local 1401 (Union) and United States Department of the Air Force, 11th Wing, Joint Base Andrews, Maryland (Agency)
AFGE Local 1401 and Joint Base Andrews (FLRA 0-AR-4855): Bargaining grievance returns to arbitration
The Air Force issued an instruction governing civilian police and security guard programs at Joint Base Andrews. AFGE Local 1401 requested bargaining over its impact and implementation, but the agency refused, citing the instruction's broader reach and a claimed need for an Authority ruling on…
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.