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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Y.J. and Department of Commerce
Y.J. (ECAB 12-0767): Late reconsideration request denied
Y.J., a Census Bureau employee, requested reconsideration of an earlier compensation ruling. The Board found the request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal to reopen the claim without deciding the underlying merits anew.
B.C. and U.S. Postal Service
B.C. (ECAB 12-0635): Related back claim records required on remand
B.C., a postal employee, sought disability benefits for recurring back symptoms. OWCP considered a related occupational disease file, but that file's medical evidence was absent from the appeal record. The Board required the files to be combined and a new merits decision on a complete record.
B.L. and Department of the Navy
B.L. (ECAB 12-0618): Hearing loss award returned for explanation
B.L., a Navy employee, sought a greater hearing loss schedule award that included tinnitus. OWCP's amended decision did not clearly explain the impairment calculation or its treatment of tinnitus. The Board set it aside and directed a new, explained decision.
C.M. and U.S. Postal Service
C.M. (ECAB 12-0339): Benefit termination and hearing denial upheld
C.M., a postal employee, challenged termination of wage-loss benefits and denial of an oral hearing. The Board upheld the termination and found no abuse of discretion in the hearing denial. It affirmed both OWCP decisions.
G.W. and Department of the Army
G.W. (ECAB 12-0297): Late prerecoupment hearing request denied
G.W., an Army employee, asked for a hearing before recovery of an overpayment. The Board found that he filed the request after the applicable deadline. It affirmed OWCP's hearing denial without deciding the underlying repayment issue anew.
Tricon Industries, Inc.
Steel-erection fall item vacated for lack of exposure
Tricon employees performed steel-deck layout and welding work on a 100-by-65-foot roof deck more than 15 feet above the ground. They were not tied off while working near the center, but the evidence showed that their assigned work kept them about 12 feet from an unguarded edge, with one employee…
Sandy Woodmansee d/b/a S.A.W.S.
Roofing eye and fall protection items affirmed
S.A.W.S. was repairing a Massachusetts residential roof when OSHA found its sole employee using a pneumatic nail gun without eye protection and working on the roof without fall protection. The roof ranged from 6 feet 10 inches to 13 feet above the ground. The nail-gun manual warned of severe eye…
Sue W. Rose v. Trojan Mining & Processing
Rose v. Trojan Mining (BRB 12-0001): survivor award upheld with earlier payment start
Sue Rose filed a later survivor claim after her earlier claim had been denied, and her late husband had been determined eligible for black lung benefits. Trojan Mining argued that the earlier denial barred automatic survivor benefits under the amended law. The Board rejected that argument because…
M.S. and U.S. Postal Service
M.S. (ECAB 12-1555): Reconsideration refusal upheld
M.S., a postal employee, sought reconsideration of a compensation claim. The Board found that the request did not meet the standards for reopening the merits. It affirmed OWCP's refusal without deciding the underlying claim again.
S.P. and U.S. Postal Service
S.P. (ECAB 12-1197): Existing arm impairment award upheld
S.P., a postal employee, sought a schedule award greater than the existing 20 percent right arm impairment rating. The Board found that the evidence did not establish a higher ratable impairment. It affirmed OWCP's decision.
E.S. and Department of Defense
E.S. (ECAB 12-1186): Claim not reopened for merits review
E.S., a Department of Defense employee, requested reconsideration of a compensation decision. The Board found that the submission did not satisfy the requirements for a new merits review. It affirmed OWCP's refusal to reopen the claim.
M.W. and Department of Veterans Affairs
M.W. (ECAB 12-1013): Claimed work incident not established
M.W., a Veterans Affairs employee, claimed an injury from an incident on April 15, 2011. The Board found that the evidence did not establish that the event occurred as alleged. It affirmed OWCP's denial without reaching a proven work-related injury.
L.J. and Department of Justice
L.J. (ECAB 12-0856): Sinus condition claim denied
L.J., a Bureau of Prisons employee, attributed sinusitis to an odor from wet carpet at work. The Board found that the evidence did not establish that the exposure caused or aggravated her sinus condition. It affirmed OWCP's denial.
E.M. and U.S. Postal Service
E.M. (ECAB 12-0787): Impairment claim not reopened
E.M., a postal employee, disputed an impairment calculation and sought reconsideration. The Board found that her submission did not satisfy the requirements for another merits review. It affirmed OWCP's refusal to reopen the claim.
Gabriel Lopez Alvarez, dba Three Amigos
Default remanded for reconsideration of returned mail
A chief administrative law judge dismissed Three Amigos' notice of contest after the employer did not answer the complaint or respond to a show-cause order. The default affirmed two citations carrying $21,120 in proposed penalties. The record showed that the show-cause order and an earlier order…
D.R. and U.S. Postal Service
D.R. (ECAB 12-0698): Reconsideration refusal upheld
D.R., a postal employee, sought reconsideration of a compensation ruling. The Board found that OWCP properly declined to reopen the claim under the applicable review standard. It affirmed the refusal without deciding the underlying claim anew.
S.M. and U.S. Postal Service
S.M. (ECAB 12-0561): Withdrawn light duty claim remanded
S.M., a postal employee, claimed wage loss after her light-duty position was withdrawn. OWCP denied the claim without applying its guidance for positions withdrawn under the National Reassessment Process. The Board set aside the denial and remanded for a new decision under that guidance.
M.C. and Department of Labor
M.C. (ECAB 12-0083): Wage capacity dispute returned for medical review
M.C., a Mine Safety and Health Administration employee, sought modification of a wage-earning capacity determination. OWCP asked an impartial physician about general work tolerance rather than whether M.C. could perform the rated job. The Board found the medical conflict unresolved and remanded for…
American Federation of Government Employees, Council 215 (Union) and Social Security Administration, Office of Disability Adjudication and Review, Region VI, Oklahoma City, Oklahoma (Agency)
AFGE Council 215 and SSA Oklahoma City (FLRA 0-AR-4859): Clarified appraisal remedy upheld
A Social Security Administration employee challenged level-3 ratings on three performance elements, arguing that managers had failed to account for the official time she spent on union duties. An arbitrator found a violation of the labor agreement and initially raised those ratings to level 4, but…
United States Department of the Army, Army Tank-Automotive Command (Agency) and American Federation of Government Employees, Local 1658 (Union)
Army Tank-Automotive Command and AFGE Local 1658 (FLRA 0-AR-4851): Performance rating cancellation upheld
An Army computer engineer received his proposed performance standards 81 days into his appraisal period and finalized standards 152 days into it. His labor agreement required the standards within ten days. After he received a needs-improvement rating, an arbitrator found that the Army had violated…
Matter of Jennifer Adassa DAVEY
Closely related marijuana offenses can qualify for the personal-use exception
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision releasing a Jamaican respondent from mandatory detention on a $2,000 bond. The respondent had convictions for possessing marijuana and drug paraphernalia, and the Immigration Judge found that both…
C.R. and Department of the Air Force
C.R. (ECAB 12-1252): Existing left arm award upheld
C.R., an Air Force employee, sought a schedule award greater than the existing five percent left arm rating. The Board found that the medical record did not establish a higher permanent impairment. It affirmed OWCP's decision.
J.F. and Department of the Army
J.F. (ECAB 12-1167): Late reconsideration request denied
J.F., an Army employee, requested reconsideration of an earlier compensation decision. The Board found the request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal without deciding the underlying merits anew.
T.N. and U.S. Postal Service
T.N. (ECAB 12-1120): Shoulder injury and reconsideration denials upheld
T.N., a postal employee, claimed a right rotator cuff tear from an incident at work. The Board found that the evidence did not establish the claimed injury. It also upheld OWCP's refusal to reopen the claim on reconsideration and affirmed both decisions.
V.B. and Department of Homeland Security
V.B. (ECAB 12-1057): Reconsideration request warranted merits review
V.B., a Transportation Security Administration employee, sought reconsideration of a benefit termination. She raised a new argument about the impartial specialist's report and submitted a pertinent medical rebuttal. The Board found that OWCP should have reviewed the merits, set aside the refusal…
B.W. and Department of the Interior
B.W. (ECAB 12-0990): Claim not reopened for merits review
B.W., a Fish and Wildlife Service employee, sought reconsideration of a denied injury claim. The Board found that his application did not satisfy the requirements for another merits review. It affirmed OWCP's refusal without deciding the underlying injury dispute again.
P.T. and U.S. Postal Service
P.T. (ECAB 12-0855): Benefit termination upheld
P.T., a postal employee, challenged OWCP's termination of compensation for an accepted injury. The Board found that OWCP met its burden to end benefits effective October 5, 2011. It affirmed the termination decision.
R.C. and U.S. Postal Service
R.C. (ECAB 12-0437): Existing arm impairment awards upheld
R.C., a postal employee, sought larger schedule awards for both arms. The Board found no more than four percent right arm impairment and two percent left arm impairment, matching the existing awards. It affirmed OWCP's decision.
C.S. and Department of the Treasury
C.S. (ECAB 12-0313): Wage capacity and overpayment upheld, waiver remanded
C.S., an Internal Revenue Service employee, challenged a wage-earning capacity reduction and an overpayment. The Board upheld the reduction and $2,890 overpayment. OWCP had requested outdated financial information for the waiver decision, so the Board set aside that ruling and remanded it for…
Eagle Wings Construction, LLC
Unguarded tail pulleys upheld with $4,000 in statutory minimum penalties
MSHA cited two separate unguarded conveyor tail pulleys at Eagle Wings Construction's newly relocated sand and gravel plant. Judge Michael E. Zielinski found two distinct violations of 30 C.F.R. § 56.14107(a), not one duplicative violation, because the pulleys belonged to separate conveyors. He…
M.M. and U.S. Postal Service
M.M. (ECAB 12-1084): Arm impairment dispute returned for medical opinion
M.M., a postal employee, disputed a two percent right arm impairment rating. The impartial physician did not adequately explain the rating under the applicable impairment guide, leaving conflicting medical opinions unresolved. The Board set aside OWCP's decision and remanded for further medical…
J.C. and Department of Justice
J.C. (ECAB 12-1041): Left leg schedule award denied
J.C., a Bureau of Prisons employee, sought a schedule award after an accepted knee and quadriceps injury. The medical evaluation found no ratable permanent left leg impairment. The Board affirmed OWCP's denial of an award.
M.N. and U.S. Postal Service
M.N. (ECAB 12-1029): Work incident injury claim denied
M.N., a postal employee, sought compensation for an injury allegedly sustained on June 7, 2011. The Board found that the medical evidence did not establish that the work incident caused the claimed condition. It affirmed OWCP's denial.
J.G. and U.S. Postal Service
J.G. (ECAB 12-0995): No ratable impairment shown
J.G., a postal employee, sought a schedule award for permanent impairment. The Board found that the medical record did not establish ratable impairment under the applicable standards. It affirmed OWCP's denial.
D.A. and Department of the Navy
D.A. (ECAB 12-0989): Benefits suspension for missing earnings report upheld
D.A., a Navy employee, did not provide requested information about earnings and work activity. The Board found that OWCP properly suspended compensation effective April 8, 2012 for that failure. It affirmed the suspension decision.
T.H. and Department of the Air Force
T.H. (ECAB 12-0890): Wage capacity reduction reversed
T.H., an Air Force employee, had benefits reduced based on a proposed surveillance system monitor job. The Board found that OWCP had not shown the job was reasonably available in his commuting area. It reversed the wage-earning capacity reduction.
W.Y. and U.S. Postal Service
W.Y. (ECAB 12-0852): Foot injury benefit termination upheld
W.Y., a postal employee, challenged the end of benefits for an accepted left foot fracture. The Board found that OWCP established the injury had resolved without residual disability effective August 15, 2011. It affirmed the termination.
D.L. and U.S. Postal Service
D.L. (ECAB 12-0640): Cervical benefit termination and reconsideration upheld
D.L., a postal employee, challenged termination of compensation for accepted cervical conditions and sought reconsideration. The Board found that OWCP properly ended benefits and properly denied the request to reopen the claim. It affirmed both decisions.
E.L. and Federal Judiciary
E.L. (ECAB 12-0303): Knee condition not linked to accepted fall
E.L., a federal court employee, attributed a right knee condition to a work-related fall in 2004. The Board found that the medical evidence did not adequately link the condition to that incident. It affirmed OWCP's denial.
R.W. and U.S. Postal Service
R.W. (ECAB 12-1219): Reconsideration request returned for merits review
R.W., a postal employee, sought reconsideration after termination of compensation and medical benefits. She supplied new, relevant medical reports about her ability to work. The Board found that OWCP should review the merits, set aside its refusal, and remanded the claim.
J.H. and U.S. Postal Service
J.H. (ECAB 12-1198): Benefit termination reversed due to medical conflict
J.H., a postal employee, challenged termination of benefits for an accepted injury. The Board found an unresolved conflict in the medical evidence, so OWCP had not met its burden to end compensation and medical benefits. It reversed the termination.
K.M. and Department of Homeland Security
K.M. (ECAB 12-1137): Impairment evaluation date corrected
K.M., a Transportation Security Administration employee, disputed the date used for a schedule award impairment calculation. The Board found that maximum medical improvement occurred when the physician examined K.M., not when he later recalculated the rating. It corrected the date to September 19…
D.D. and U.S. Postal Service
D.D. (ECAB 12-1117): Schedule award not established
D.D., a postal employee, sought a schedule award for permanent impairment. The Board found that the record did not establish entitlement to an award under FECA's schedule award provisions. It affirmed OWCP's denial.
L.B. and U.S. Postal Service
L.B. (ECAB 12-1017): Late reconsideration request denied
L.B., a postal employee, requested reconsideration of an earlier compensation decision. The Board found the request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal without deciding the underlying merits anew.
S.E. and U.S. Postal Service
S.E. (ECAB 12-0922): Disability recurrence not established
S.E., a postal employee, claimed a recurrence of disability beginning March 8, 2011 from an accepted injury. The Board found that the medical evidence did not establish the required causal connection. It affirmed OWCP's denial.
H.C. and Department of Justice
H.C. (ECAB 12-0457): Emotional condition claim denied
H.C., a Federal Bureau of Investigation employee, sought compensation for an emotional condition attributed to work. The Board found that the evidence did not establish a compensable condition in the performance of duty. It affirmed OWCP's denial.
D.S. and Department of the Navy
D.S. (ECAB 12-0355): Late reconsideration request denied
D.S., a Navy employee, sought reconsideration of a compensation ruling. The Board found the October 2011 request untimely and insufficient to demonstrate clear evidence of error. It affirmed OWCP's refusal to reopen the claim.
M.I. and U.S. Postal Service
M.I. (ECAB 12-0265): Continuing disability claim returned for medical review
M.I., a postal employee, sought benefits for continuing right hand disability after an earlier termination. New treating reports described objective findings that conflicted with the prior impartial opinion. The Board set aside OWCP's denial and remanded for resolution of the medical conflict.
K.W. and Department of Defense
K.W. (ECAB 12-1484): Benefits suspension for missing form upheld
K.W., a Department of Defense employee, did not return a requested Form CA-1032 reporting earnings and other information. The Board found that OWCP properly suspended compensation for that failure. It affirmed the suspension decision.
J.L. and U.S. Joint Forces Command
J.L. (ECAB 12-1229): Existing left arm award upheld
J.L., a Joint Forces Command employee, sought a schedule award greater than the existing one percent left arm rating. The Board found that the evidence did not establish a higher permanent impairment. It affirmed OWCP's decision.
T.B. and Department of the Air Force
T.B. (ECAB 12-1207): Disability dates returned for medical clarification
T.B., an Air Force employee, claimed disability during gaps in compensation after an accepted back injury. OWCP's second-opinion physician found work-related disability but did not say when it began. The Board remanded for a supplemental medical opinion addressing the disputed dates.
J.D. and Department of the Army
J.D. (ECAB 12-1026): Temporary job could not support wage capacity rating
J.D., an Army employee, challenged a wage-earning capacity determination based on a job he said was temporary. The Board found the position was temporary and could not support the existing rating. It reversed OWCP's refusal to modify the determination.
M.B. and Department of the Army
M.B. (ECAB 12-1020): Overpayment fault and waiver issues remanded
M.B., an Army employee, received wage-loss compensation after returning to limited duty. The Board found an overpayment occurred but held that the record did not clearly establish its period and amount. It also rejected OWCP's fault finding for one payment and remanded for consideration of waiver.
A.K. and Department of Defense
A.K. (ECAB 12-0742): Wage loss and medical recurrence denials upheld
A.K., a Defense Logistics Agency employee, sought one hour of wage-loss compensation and treatment for a claimed recurrence of an accepted shoulder and elbow condition. The Board found that neither claim was established on the record. It affirmed both OWCP denials.
T.C. and U.S. Postal Service
T.C. (ECAB 12-0594): Overpayment upheld, waiver returned for financial review
T.C., a postal employee, received a $7,596.84 overpayment without fault. The Board upheld those findings, but OWCP had not explained how it calculated his monthly expenses when denying waiver. It set aside the waiver ruling and remanded for a proper financial review.
H.L. and Department of Veterans Affairs
H.L. (ECAB 12-0200): Suitable work termination reversed
H.L., a Veterans Affairs employee, lost compensation after declining an offered job. The Board found that OWCP had not considered whether her actual earnings in that position represented her wage-earning capacity. It reversed the suitable-work termination.
Dominion Coal Corporation
Unsupported settlement rejected and case set for hearing
The Secretary asked to modify a citation's expected-injury finding and reduce its penalty from $1,111 to $777.70. Judge Priscilla M. Rae found that the motion supplied no facts supporting either change, despite Commission Rule 31 and prior instructions requiring a factual basis for each settlement…
S.N. and Department of Veterans Affairs
S.N. (ECAB 12-1323): Emotional condition claim denied
S.N., a Veterans Affairs employee, claimed an emotional condition from a workplace event on November 1, 2011. The Board found that the evidence did not establish a compensable condition in the performance of duty. It affirmed OWCP's denial.
D.R. and Department of the Air Force
D.R. (ECAB 12-1288): Late reconsideration request denied
D.R., an Air Force employee, requested reconsideration of an earlier compensation ruling. The Board found the request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal without deciding the underlying merits anew.
D.A. and Department of Health and Human Services
D.A. (ECAB 12-1272): Reconsideration refusal upheld
D.A., a Social Security Administration employee, sought reconsideration of a compensation decision. The Board found that OWCP acted within its discretion when it declined further merits review. It affirmed the refusal without deciding the underlying claim again.
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.