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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Byholt, Inc.
Late penalty contests remain closed after unexplained delays
Byholt asked the Commission to reopen two proposed penalty assessments that became final after it missed the 30-day contest deadlines. The company said it misunderstood when to contest section 104(d) orders and later delayed while searching for counsel. Even after the Commission allowed amended…
T.C. and U.S. Postal Service
T.C. (ECAB 12-1319): No ratable impairment shown
T.C., a postal employee, sought a schedule award for permanent impairment. The Board found that the medical record did not establish ratable impairment. It affirmed OWCP's denial. Without a ratable impairment, T.C. did not qualify for a schedule award on this record.
M.K. and U.S. Postal Service
M.K. (ECAB 12-1316): Hip replacement authorization denied
M.K., a postal employee, sought authorization for right hip replacement. His medical report relied on an injury history that differed from the accepted facts and did not adequately connect the surgery to his work injury. The Board affirmed OWCP's denial.
C.S. and Department of Health and Human Services
C.S. (ECAB 12-1169): Infection claim lacked medical causation
C.S., a Department of Health and Human Services employee, attributed necrotizing fasciitis to his federal work. The Board found that the medical evidence did not adequately explain a causal connection between his duties and the condition. It affirmed the denial.
S.B. and Department of the Navy
S.B. (ECAB 12-1144): Shoulder benefit termination reversed
S.B., a Navy employee, received benefits for an accepted shoulder condition. OWCP ended them using a physician's reports that still described work restrictions and did not establish that all injury residuals had ended. The Board reversed the termination.
S.R. and U.S. Postal Service
S.R. (ECAB 12-1142): Pay-rate overpayment and waiver denial upheld
S.R., a postal employee, received compensation calculated at an incorrect pay rate. The Board upheld OWCP's $10,412.41 overpayment finding for November 2009 through July 2011 and its denial of waiver. It affirmed the decision.
R.T. and Smithsonian Institution
R.T. (ECAB 12-1133): No scheduled member impairment established
R.T., a Smithsonian Institution employee, sought a schedule award for an accepted spinal nerve condition. The Board found that the evidence did not establish permanent impairment of a scheduled body member caused by that condition. It affirmed OWCP's denial.
C.A. and Department of the Interior
C.A. (ECAB 12-0964): Reconsideration refusal upheld
C.A., a National Park Service employee, requested reconsideration of a disability claim. The Board found that the new reports did not address the disputed period of disability and repeated material already reviewed. It affirmed OWCP's refusal to reopen the case without deciding the underlying…
W.D. and Department of Health and Human Services
W.D. (ECAB 12-0860): Emotional condition claim denied
W.D., a federal health employee, attributed an emotional condition to alleged misconduct involving her personnel file and promotion process. The Board found that the record did not establish the asserted compensable employment factor. It affirmed OWCP's claim denial.
J.L. and U.S. Postal Service
J.L. (ECAB 12-0785): Back injury claim lacked medical causation
J.L., a postal employee, sought compensation for a claimed back injury on March 1, 2011. The Board found that her medical reports did not provide a sufficiently reasoned causal explanation tying the condition to work. It affirmed OWCP's denial.
National Association of Government Employees, Local R5-184 (Union) and United States Department of Veterans Affairs, Veterans Affairs Medical Center, Lexington, Kentucky (Agency)
NAGE Local R5-184 and Lexington VA Medical Center (FLRA 0-AR-4850): Hazard pay grievance award upheld
Housekeeping aides at the Lexington VA Medical Center handled hazardous medical waste and sought environmental-differential pay. An arbitrator denied their grievance after finding that the union had failed to establish any of three grounds for the pay. The union challenged the arbitrator's findings…
Matter of Ramiro SANCHEZ-HERBERT
Departure does not end properly noticed removal proceedings
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings because the respondent had left the United States. The respondent had received notice of the proceedings and had conceded removability through counsel. The Board held that an…
G.B. and Department of the Army
G.B. (ECAB 12-1515): Late reconsideration request denied
G.B., an Army employee, sought reconsideration years after the last merits decision. The Board found his request untimely and the submissions insufficient to show clear evidence of error. It affirmed OWCP's refusal to reopen the claim without deciding the underlying merits anew.
M.W. and Department of the Air Force
M.W. (ECAB 12-1267): Hearing loss award and late hearing request denied
M.W., an Air Force employee, sought a hearing loss schedule award and an oral hearing. The Board found no ratable hearing loss warranting an award. It also found the hearing request untimely and affirmed both OWCP decisions.
G.G. and U.S. Postal Service
G.G. (ECAB 12-1106): Schedule award improvement date corrected
G.G., a postal employee, disputed the maximum medical improvement date used for an additional schedule award. The Board found OWCP had used the wrong date. It changed the date to October 3, 2011 and otherwise affirmed the award decision.
S.T. and Department of the Treasury
S.T. (ECAB 12-1043): Workplace condition and reopening denials upheld
S.T., an Internal Revenue Service employee, claimed emotional and physical conditions from workplace events. The Board found no established compensable work factor. Her reconsideration request offered no basis to reopen the claim, so the Board affirmed both OWCP decisions.
T.H., claiming as widow of M.H., and U.S. Postal Service
T.H., claiming as widow of M.H., (ECAB 12-1018): Death benefit claim returned for medical review
T.H. sought survivor benefits after her husband's death, alleging a link to an accepted heart attack many years earlier. The Board found that the medical evidence needed further development before causation could be resolved. It set aside both OWCP decisions and remanded the claim.
S.C. and U.S. Postal Service
S.C. (ECAB 12-1004): Existing left leg impairment award upheld
S.C., a postal employee, sought a schedule award greater than 10 percent for left leg impairment. The Board found that the medical evidence supported the existing rating and did not establish a higher one. It affirmed OWCP's decision.
W.D. and Department of State
W.D. (ECAB 12-0968): Chiropractic treatment reimbursement denied
W.D., a State Department employee, sought authorization and reimbursement for chiropractic care. The Board found that the treatment was not shown to meet the legal requirements for covered spinal manipulation to correct an x-ray-confirmed subluxation. It affirmed OWCP's denials.
W.C. and Department of Veterans Affairs
W.C. (ECAB 12-0885): Emotional condition recurrence denied
W.C., a Department of Veterans Affairs employee, claimed a recurrence of disability from an accepted emotional condition beginning October 26, 2006. The Board found that he did not establish the required causal connection to the accepted condition. It affirmed OWCP's denial.
J.D. and U.S. Postal Service
J.D. (ECAB 12-0612): Existing leg impairment award upheld
J.D., a postal inspection employee, sought a schedule award greater than the existing two percent left leg rating. The Board found that the medical evidence did not establish greater permanent impairment. It affirmed OWCP's decision.
Q3 Contracting, Inc.
Traffic-control items withdrawn and judge's decision vacated
Q3 Contracting performed underground utility work on a Denver gas pipeline project. An administrative law judge affirmed two serious items involving missing traffic warning signs and noncompliant barricades, and assessed a $750 penalty. The case was directed for Commission review. The Secretary…
Foundation Coal West, Inc.
Unbermed drill bench treated as an elevated roadway
Foundation Coal West contested a citation for failing to provide a berm along the elevated 21 Bench at its Eagle Butte surface coal mine. Judge Thomas P. McCarthy found that vehicles commonly traveled the bench during routine drilling and blasting, making it a roadway covered by 30 C.F.R. §…
E.R. and U.S. Postal Service
E.R. (ECAB 12-1395): Recurrent pay rate denied after retirement
E.R., a retired postal employee, sought a recurrent pay rate based on knee replacement surgery performed during retirement. The Board found that the surgery did not entitle her to that rate under the circumstances of her claim. It affirmed OWCP's denial.
R.M. and Department of Homeland Security
R.M. (ECAB 12-1351): Vehicle collision injury claim denied
R.M., a Homeland Security employee, was in a work-related rear-end vehicle collision. The Board found that the medical evidence did not adequately establish that the incident caused his claimed spinal condition. It affirmed OWCP's denial.
T.T. and U.S. Postal Service
T.T. (ECAB 12-1321): Hearing request abandoned
T.T., a postal employee, requested an oral hearing. The Board found that he abandoned the scheduled hearing and upheld OWCP's resulting decision. It did not resolve the underlying compensation claim on the merits.
F.B. and Department of the Treasury
F.B. (ECAB 12-1263): Reconsideration request did not reopen claim
F.B., an Internal Revenue Service employee, sought reconsideration of a denied compensation claim. The Board found that his submission did not meet the standards for reopening the merits. It affirmed OWCP's refusal and did not decide the underlying injury claim anew.
J.L. and U.S. Postal Service
J.L. (ECAB 12-1181): Reconsideration timeliness returned for review
J.L., a postal employee, challenged three OWCP decisions concerning a shoulder surgery request, an oral hearing, and reconsideration. The Board upheld the surgery and hearing denials. It found OWCP had wrongly treated her reconsideration request as late, set aside that ruling, and remanded the…
K.G. and U.S. Postal Service
K.G. (ECAB 12-1148): Hand injury claim lacked medical support
K.G., a postal employee, caught a falling mail container with her right hand. The Board accepted that the incident happened but found that the medical reports did not reliably explain a resulting injury, including because the accounts of the event differed. It affirmed OWCP's denial.
J.M. and Department of Homeland Security
J.M. (ECAB 12-0984): Knee condition not linked to baggage work
J.M., a Homeland Security employee, attributed a right knee condition to repeated baggage handling. The Board found that the medical reports identified a meniscus tear but did not adequately explain how his work caused or aggravated it. It affirmed OWCP's denial.
B.M. and Department of Homeland Security
B.M. (ECAB 12-0783): Heart attack claim lacked causal opinion
B.M., a Federal Emergency Management Agency employee, reported a near vehicle accident at work and later suffered a heart attack. The Board accepted the incident but found no reasoned medical opinion connecting it to the heart attack. It affirmed OWCP's denial.
N.C. and Department of Veterans Affairs
N.C. (ECAB 12-0761): Back injury claim denied for insufficient causation
N.C., a Veterans Affairs nurse, reported back symptoms after helping a patient into bed. OWCP accepted that the event occurred, but the Board found that the medical reports did not adequately explain how it caused or aggravated her condition. It affirmed the denial.
Todd Descutner v. Newmont USA
Safety complaints found to have contributed to a miner's firing
Todd Descutner, a haul-truck driver at Newmont's Leeville underground gold mine, alleged that he was fired after reporting safety concerns, including open ground and incomplete pre-shift inspections. Judge David F. Barbour credited Descutner's account of the latest complaint and found that its…
Solar Sources, Inc.
Fire-extinguisher citations affirmed for a plant level and wheeled pumps
Solar Sources contested three fire-extinguisher citations issued at three Indiana bituminous surface coal mines. Judge Alan G. Paez held that the preparation plant needed an extinguisher on its third level under 30 C.F.R. § 77.1109(a), even though other firefighting equipment was present. He also…
Lakeside Construction, L.L.C.
Framing safety violations affirmed
Lakeside Construction had three employees framing an Idaho residence without a supervisor present. One employee worked below roof-framing activity without a protective helmet, while other employees worked about 9 feet above the ground without fall protection. The employees also lacked training to…
National Treasury Employees Union (Union) and United States Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency)
NTEU and Internal Revenue Service (FLRA 0-NG-3158): Probationary separation proposal rejected
NTEU proposed allowing some probationary employees to grieve and arbitrate separation disputes when they claimed rights supplied by statute. The IRS argued that the proposal conflicted with federal probationary-employment rules. The Authority found that the proposal would add a negotiated grievance…
American Federation of Government Employees, Local 2096 (Union) and United States Department of the Air Force, 20th Space Control Squadron Detachment 1, Dahlgren Naval Support Facility, Virginia (Agency)
AFGE Local 2096 and Dahlgren Air Force Detachment (FLRA 0-AR-4863): Suspension grievance remanded
The Air Force suspended a union president for five days after finding that he conducted Navy union business while on Air Force duty, contrary to a supervisory order. The union had earlier filed and withdrawn an unfair labor practice charge about the order, then grieved the suspension under its…
Secretary of Labor on behalf of Nelson Gregory Bradley v. Climax Molybdenum Company
Supervisor temporarily reinstated after safety-retaliation claim
Nelson Gregory Bradley alleged that Climax Molybdenum demoted him from a front-line supervisor job and later fired him after he reported safety concerns and challenged the demotion. He was terminated after refusing a direct-observation drug test ordered during the company's investigation of his…
T.R. and U.S. Postal Service
T.R. (ECAB 12-1553): Work incident injury claim denied
T.R., a postal employee, sought compensation for an injury allegedly sustained at work on July 9, 2011. The Board found that the evidence did not adequately connect her diagnosed condition to the work incident. It affirmed OWCP's denial.
Q.C. and Department of Veterans Affairs
Q.C. (ECAB 12-1200): Late reconsideration request denied
Q.C., a Veterans Affairs employee, sought reconsideration of an earlier compensation decision. The Board found her February 2012 request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal to reopen the claim without reaching the underlying merits anew.
M.C. and U.S. Postal Service
M.C. (ECAB 12-1129): Reconsideration refusal upheld
M.C., a postal employee, requested reconsideration of an earlier compensation decision. The Board found that the request did not meet the requirements for a new merits review. It affirmed OWCP's refusal without deciding the underlying claim again.
L.C. and Department of Veterans Affairs
L.C. (ECAB 12-0978): Wage capacity review returned after hearing error
L.C., a Veterans Affairs employee, challenged a reduction in compensation based on a modified nurse position. At the hearing, her counsel sought to question an agency representative about whether the job was genuine. The Board found that the hearing representative had not adequately explained the…
TMD Contracting
Workload did not excuse late contest
OSHA issued TMD Contracting two serious items after inspecting a commercial construction project in Albion, New York, and proposed $2,850 in penalties. The company filed its first contest letter two weeks after the deadline. TMD said it was managing two large commercial projects, was unfamiliar…
A.W. and U.S. Postal Service
A.W. (ECAB 12-0759): Disability recurrence not established
A.W., a postal employee, claimed disability beginning February 1, 2011 from an accepted work injury. The Board found that the medical evidence did not adequately establish a causal link to that injury. It affirmed OWCP's denial.
M.Y. and U.S. Postal Service
M.Y. (ECAB 12-0732): Right knee schedule award denied
M.Y., a postal employee, sought a schedule award for an accepted right knee injury. The Board found that he had not established permanent lower extremity impairment attributable to the accepted conditions. It affirmed OWCP's denial.
M.K. and U.S. Postal Service
M.K. (ECAB 12-0724): Continuing injury residuals not established
M.K., a postal employee, sought continuing disability and medical benefits from a 1997 accepted injury. The Board found that the evidence did not establish a related condition or disability on or after October 6, 2009. It affirmed OWCP's decision.
J.T. and Department of the Army
J.T. (ECAB 12-0673): Claim not reopened for merits review
J.T., an Army employee, requested reconsideration of a compensation decision. The Board found that the application did not provide a sufficient basis for OWCP to review the merits again. It affirmed the refusal to reopen the claim.
J4 Welding, Inc.
Contest filed nearly a year late was dismissed
J4 Welding performed mobile welding work at a Florida strip-mall remodeling project where OSHA observed the owner cross from an aerial lift to a building without proper fall protection. OSHA issued three serious items and proposed $9,000 in penalties. The company filed its contest almost a year…
R.R. and Department of the Treasury
R.R. (ECAB 12-0625): Voluntary walk injuries outside performance of duty
R.R., a Treasury employee, was injured during a voluntary community walk sponsored by her employer. The walk took place off agency premises, was not required for her job, and did not directly benefit the agency beyond morale and health. The Board held that the injuries did not arise in the…
V.T. and U.S. Postal Service
V.T. (ECAB 12-0334): Additional arm impairment award denied
V.T., a postal employee, sought a right arm schedule award greater than the existing 29 percent rating. The Board found that the medical evidence did not establish greater ratable impairment. It affirmed OWCP's denial of an additional award.
United States Department of Justice, U.S. Marshals Service, Justice Prisoner and Alien Transportation System (Agency) and American Federation of Government Employees, Local 2272 (Union)
U.S. Marshals Service transport system and AFGE Local 2272 (FLRA 0-AR-4841, 0-AR-4861): Overtime awards upheld
The U.S. Marshals Service changed certain employees to a first-forty work schedule and stopped counting some approved paid leave toward their overtime hours. An arbitrator found that the practice violated the parties' agreement and awarded unpaid overtime and restoration of leave lost as a result…
The Doe Run Company
Defaults reopened after settlement talks were mistaken for answers
Doe Run failed to answer two civil-penalty petitions, allowing show-cause orders to become default orders. Its safety director said she mistakenly believed informal settlement discussions with MSHA were a substitute for filing answers and did not understand the show-cause orders. The Secretary did…
R.S. and Department of the Army
R.S. (ECAB 12-1206): Emotional condition claim denied
R.S., an Army employee, attributed an emotional condition to his federal work. The Board found that the evidence did not establish a compensable injury in the performance of duty. It affirmed OWCP's claim denial.
G.W. and Department of the Army
G.W. (ECAB 12-1171): Pay-rate overpayment and recovery upheld
G.W., an Army employee, received compensation at an incorrect pay rate. The Board upheld the overpayment finding, denial of waiver, and recovery through $333.60 deductions every 28 days from continuing benefits. It affirmed OWCP's decision.
F.S. and Department of Veterans Affairs
F.S. (ECAB 12-1153): Stress claim and reopening request denied
F.S., a Veterans Affairs employee, claimed a stress-related condition from federal work. The Board found that he had not established a compensable work-related condition. It also upheld OWCP's refusal to reopen his claim on reconsideration and affirmed both decisions.
D.E. and U.S. Postal Service
D.E. (ECAB 12-1149): Injury files to be combined on remand
D.E., a postal employee, appealed a denial of compensation for neck and back conditions. OWCP had relied on medical evidence from a related case file that was missing from the appeal record. The Board ordered the files combined and a new merits decision after review of the complete record.
P.G. and Department of Justice
P.G. (ECAB 12-0996): Disability recurrence not established
P.G., a Bureau of Prisons employee, claimed a recurrence of disability beginning June 16, 2011 from accepted work injuries. The Board found that the medical record did not adequately establish the claimed causal connection. It affirmed OWCP's denial.
K.S. and Department of the Navy
K.S. (ECAB 12-0883): Wage capacity modification request returned
K.S., a Navy employee, asked OWCP to modify a wage-earning capacity determination. OWCP treated the request partly as reconsideration and did not clearly explain its findings on modification. The Board set aside the decision and required a proper merits ruling with clear reasons.
J.B. and Department of the Army
J.B. (ECAB 12-0853): Hearing loss files combined on remand
J.B., an Army employee, claimed worsening hearing loss after an earlier accepted hearing loss claim. The Board could not decide whether the change belonged to the prior claim or was a new injury without the related file. It directed OWCP to combine the records and issue a new decision.
D.B. and U.S. Postal Service
D.B. (ECAB 12-0800): Left thumb claim lacked causation evidence
D.B., a postal employee, attributed a left thumb injury to her work. The Board found that the evidence did not adequately establish a causal link between her duties and the claimed condition. It affirmed OWCP's denial.
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.