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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L.P. and U.S. Postal Service
L.P. (ECAB 12-1256): Schedule award claim not reopened
L.P., a postal employee, asked OWCP to reconsider a schedule award decision. The Board found that the application did not satisfy the requirements for renewed merits review. It affirmed OWCP's refusal to reopen the impairment claim.
P.M. and U.S. Postal Service
P.M. (ECAB 12-1201): Carpal tunnel claim lacked medical support
P.M., a postal employee, attributed hand symptoms to work. The Board found that the medical reports did not adequately establish carpal tunnel syndrome caused by her duties. It affirmed OWCP's denial of the claimed injury.
K.T. and U.S. Postal Service
K.T. (ECAB 12-1195): Existing right arm award upheld
K.T., a postal employee, sought a schedule award greater than the existing three percent right arm impairment rating. The Board found that the evidence did not establish a higher ratable impairment. It affirmed OWCP's decision.
J.C. and Department of the Navy
J.C. (ECAB 12-1178): Existing hearing loss award upheld
J.C., a Navy employee, sought a larger schedule award for left-ear hearing loss caused by work. The Board found no more than the 64 percent monaural impairment already awarded. It affirmed OWCP's decision.
V.C. and U.S. Postal Service
V.C. (ECAB 12-1080): Leave buyback denied for unproven disability period
V.C., a postal employee, sought leave buyback to restore sick leave used from May 24 through June 10, 2003 after an accepted injury. The Board found that the medical evidence did not establish work-related disability for that period. It affirmed OWCP's denial.
S.K. and U.S. Postal Service
S.K. (ECAB 12-0555): Claim not reopened for merits review
S.K., a postal employee, requested reconsideration of an earlier compensation ruling. The Board found that her submission did not meet the requirements for a new merits review. It affirmed OWCP's refusal without deciding the underlying claim anew.
N.T. and U.S. Postal Service
N.T. (ECAB 12-0408): Withdrawn light duty claim remanded
N.T., a postal employee, sought wage loss after her limited-duty job was withdrawn. The OWCP Director acknowledged that the agency had not applied its guidance for withdrawn positions under the National Reassessment Program. The Board granted remand for a new decision under that guidance and…
L.U. and U.S. Postal Service
L.U. (ECAB 12-1261): Ankle injury claim denied
L.U., a postal employee, claimed a right ankle sprain from a work incident on February 3, 2012. The Board found that the evidence did not establish the claimed traumatic injury in the performance of duty. It affirmed OWCP's denial.
S.H. and U.S. Postal Service
S.H. (ECAB 12-0980): Total disability periods denied, treatment wages open
S.H., a postal employee, sought total disability compensation for several periods after an accepted foot condition. The Board found no sufficient medical evidence of total disability on those dates and affirmed the denial. It separately said the record was not ready to decide possible wages lost…
J.R. and Department of Defense
J.R. (ECAB 12-0966): Reconsideration refusal upheld
J.R., a Defense Logistics Agency employee, sought reconsideration of a compensation decision. The Board found that the request did not meet the standards for another merits review. It affirmed OWCP's refusal without resolving the underlying claim again.
D.B. and Department of the Air Force
D.B. (ECAB 12-0965): Back surgery authorization denial upheld
D.B., an Air Force employee, asked OWCP to authorize back surgery. The Board found that OWCP did not abuse its discretion in denying the requested treatment on the medical record before it. It affirmed the denial.
T.B. and National Credit Union Administration
T.B. (ECAB 12-0887): Emotional condition claim denied
T.B., a National Credit Union Administration employee, attributed an emotional condition to work. The Board found that the evidence did not establish the required link to compensable employment factors. It affirmed OWCP's denial.
K.C. and U.S. Postal Service
K.C. (ECAB 12-0820): Total disability not established
K.C., a postal employee, claimed total disability beginning October 3, 2011 after accepted injuries. The Board found that the medical evidence did not establish she was wholly unable to work because of those injuries. It affirmed OWCP's denial.
I.M. and U.S. Postal Service
I.M. (ECAB 12-0754): Wage loss and reopening denials upheld
I.M., a postal employee, sought wage-loss benefits for late 2006 after an accepted injury. The Board found she had not established disability for the claimed period. It also upheld OWCP's refusal to reopen the claim on reconsideration and affirmed both decisions.
D.T. and U.S. Postal Service
D.T. (ECAB 12-0217): Withdrawn job wage capacity claim remanded
D.T., a postal employee, sought modification of a wage-earning capacity determination after a light-duty position was withdrawn. OWCP did not apply its guidance for withdrawn positions under the National Reassessment Program. The Board set aside the ruling and ordered a new decision after proper…
Dickenson-Russell Coal Company, LLC
Unsupported settlement rejected before later contest withdrawal
The Secretary proposed deleting the significant and substantial designation from a citation and reducing its penalty from $971 to $500. Judge Thomas P. McCarthy found that the settlement motion supplied no facts supporting either change, as required by Commission Rule 31. He rejected the motion and…
Rosebud Mining Company
Three violations upheld, welder order reduced, and refuse order vacated
Rosebud Mining contested five enforcement actions at its Dutch Run coal preparation plant with proposed penalties totaling $21,618. Judge Kenneth R. Andrews affirmed three significant and substantial, unwarrantable-failure violations involving inadequate examinations, combustible accumulations, and…
Bonham Concrete, Inc.
Accountant subpoena granted for ability-to-pay records
Bonham Concrete asserted that it could not pay a proposed $23,857 civil penalty. The Secretary asked to subpoena the company's accountant for tax returns, financial statements, asset and debt records, financing documents, corporate minutes, and sale records. Judge Thomas P. McCarthy held that…
B.R. and U.S. Postal Service
B.R. (ECAB 12-1111): Claim not reopened for merits review
B.R., a postal employee, sought reconsideration of a compensation decision. The Board found that her application did not meet the requirements for further merits review. It affirmed OWCP's refusal to reopen the claim.
S.A. and Department of Justice
S.A. (ECAB 12-1019): Reconsideration timeliness ruling remanded
S.A., a Bureau of Prisons employee, challenged OWCP's finding that his reconsideration request was untimely. The Board found OWCP had used an incorrect timeliness analysis. It set aside the refusal and remanded for further action on the request.
J.C. and U.S. Postal Service
J.C. (ECAB 12-0949): Receptionist wage capacity rating upheld
J.C., a postal employee, challenged a benefit reduction based on the ability to work as a receptionist. The Board found that the selected position represented his wage-earning capacity on this record. It affirmed OWCP's reduction.
K.M. and U.S. Postal Service
K.M. (ECAB 12-0938): Claim not reopened for merits review
K.M., a postal employee, asked OWCP to reconsider a compensation ruling. The Board found that the submission did not satisfy the requirements for further merits review. It affirmed OWCP's refusal without deciding the underlying claim again.
G.P. and U.S. Postal Service
G.P. (ECAB 12-0907): Hearing abandonment finding upheld
G.P., a postal employee, requested an oral hearing. The Board found that OWCP properly treated the request as abandoned after the scheduled hearing did not proceed. It affirmed that procedural ruling without deciding the underlying compensation merits.
C.J. and Department of the Treasury
C.J. (ECAB 12-0847): Late reconsideration request denied
C.J., an Internal Revenue Service employee, requested reconsideration of a compensation decision. The Board found the request untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal without reaching the underlying merits anew.
M.S. and Department of the Navy
M.S. (ECAB 12-0846): Existing arm impairment awards upheld
M.S., a Navy employee, sought larger schedule awards for both arms. The Board found no more than 22 percent right arm impairment and 23 percent left arm impairment, matching the awards already granted. It affirmed OWCP's decision.
J.G. and U.S. Postal Service
J.G. (ECAB 12-0828): Information clerk wage capacity rating upheld
J.G., a postal employee, challenged a compensation reduction based on the capacity to work as an information clerk. The Board found that OWCP properly selected the position and determined his wage-earning capacity. It affirmed the reduction.
A.M. and Department of Agriculture
A.M. (ECAB 12-0616): Head and shoulder injury claim denied
A.M., a Department of Agriculture employee, claimed head and right shoulder injuries from a work incident on May 17, 2011. The Board found that the evidence did not establish the claimed injury in the performance of duty. It affirmed OWCP's denials.
D.A. and Department of Homeland Security
D.A. (ECAB 12-0480): Back injury benefit termination reversed
D.A., a Coast Guard employee, challenged termination of benefits for an accepted back injury. OWCP's medical examiner did not address an accepted herniated disc or adequately explain why remaining limitations were unrelated to work. The Board reversed the termination.
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union, Chapter 164 (Union)
Customs and Border Protection and NTEU Chapter 164 (FLRA 0-AR-4820): Backpay for delayed discipline upheld
A border officer failed to follow secondary-inspection procedures and later entered incorrect inspection information into an agency database. Customs and Border Protection placed him on light duty, reducing his eligibility for certain pay, and completed its disciplinary action about 18 months after…
Boart Longyear Company
Brake-light order reduced while drill-platform violations upheld
Boart Longyear faced three enforcement actions involving a contractor's drilling operation at a Nevada gold mine. Judge Margaret A. Miller upheld a brake-light violation on a flatbed truck but removed the unwarrantable-failure designation and changed it to a section 104(a) citation because repeated…
K.P. and Department of Health and Human Services
K.P. (ECAB 12-1232): Work incident injury claim denied
K.P., a Food and Drug Administration employee, claimed an injury from an incident at work on September 19, 2011. The Board found that the evidence did not establish a compensable injury in the performance of duty. It affirmed OWCP's denial.
V.K. and U.S. Postal Service
V.K. (ECAB 12-1103): Travel reimbursement denial upheld
V.K., a postal employee, sought reimbursement for travel related to medical care. The Board found that OWCP did not abuse its discretion in denying the claimed travel expenses. It affirmed the reimbursement decision.
H.T. and Department of the Interior
H.T. (ECAB 12-1096): Shoulder injury and reopening denials upheld
H.T., an Interior Department employee, claimed a left shoulder injury from a work incident. The Board found that the injury was not established on the record. It also upheld OWCP's refusal to reopen the claim on reconsideration and affirmed the decisions.
B.A. and Department of the Army
B.A. (ECAB 12-1072): Hearing loss below schedule award threshold
B.A., an Army National Guard employee, had accepted work-related hearing loss and sought a schedule award. The Board found that the loss did not reach the impairment threshold used by the rating guide. It affirmed OWCP's denial of an award.
B.W. and U.S. Postal Service
B.W. (ECAB 12-1065): Late reconsideration request denied
B.W., a postal employee, sought reconsideration of a compensation ruling. The Board found the application untimely and insufficient to show clear evidence of error. It affirmed OWCP's refusal without revisiting the underlying merits.
J.S. and Department of the Navy
J.S. (ECAB 12-0967): Hearing loss award denied under rating guide
J.S., a Navy employee, had accepted work-related hearing loss and sought a schedule award. The Board found that the loss did not reach the rating guide's threshold for compensable impairment. It affirmed OWCP's denial of the award.
S.E. and U.S. Postal Service
S.E. (ECAB 12-0953): Existing left arm award upheld
S.E., a postal employee, sought a schedule award greater than the existing 14 percent left arm rating. The Board found that the evidence did not establish a higher permanent impairment. It affirmed OWCP's decision.
J.C. and U.S. Postal Service
J.C. (ECAB 12-0944): Overpayment record to be rebuilt on remand
J.C., a postal employee, challenged an overpayment and denial of waiver. The appeal record lacked the memorandum explaining OWCP's decision and his financial questionnaire. The Board set aside the ruling and required OWCP to reconstruct the record and decide the matter again.
M.M. and Department of the Navy
M.M. (ECAB 12-0897): Disability recurrence not established
M.M., a Navy employee, claimed renewed total disability beginning January 4, 2011 from accepted conditions. The Board found that the medical evidence did not adequately establish the claimed causal connection. It affirmed OWCP's denial.
D.P. and U.S. Postal Service
D.P. (ECAB 12-0176): Related arm claim files combined on remand
D.P., a postal employee, sought schedule awards for both arms. OWCP rated only one accepted wrist condition while other accepted arm conditions appeared in separate claim files. The Board ordered the related records combined so OWCP could assess all relevant impairment evidence and issue a new…
D.C. and Department of Homeland Security
D.C. (ECAB 12-1118): Knee injury and reopening denials upheld
D.C., a Transportation Security Administration employee, claimed a left knee injury from an August 2011 work incident. The Board found that she had not established the injury. It also upheld OWCP's refusal to reopen the claim on reconsideration and affirmed both decisions.
F.F. and Department of the Army
F.F. (ECAB 12-1092): Existing right arm award upheld
F.F., an Army employee, sought a schedule award greater than the existing 10 percent right arm rating. The Board found that the evidence did not establish a higher permanent impairment. It affirmed OWCP's decision.
V.T. and Department of Veterans Affairs
V.T. (ECAB 12-1090): Knee injury claim lacked medical causation
V.T., a Veterans Affairs employee, claimed a right knee condition from an incident at work on November 28, 2011. The Board found that the medical evidence did not adequately establish a causal connection. It affirmed OWCP's denial.
R.F. and U.S. Postal Service
R.F. (ECAB 12-0918): Benefit termination reversed
R.F., a postal employee, challenged termination of wage-loss and medical benefits for accepted injuries. The Board found that OWCP had not met its burden to show the work-related residuals had ceased. It reversed the termination.
D.B. and Department of Veterans Affairs
D.B. (ECAB 12-0591): Short wage-loss claim denied
D.B., a Veterans Affairs employee, sought wage-loss compensation for 4.25 hours. The Board found that the evidence did not establish entitlement to pay for that absence. It affirmed OWCP's denial of the short wage-loss claim.
L.L. and U.S. Postal Service
L.L. (ECAB 12-0587): Wage capacity request returned for merits ruling
L.L., a postal employee, challenged a wage-earning capacity determination after changes to his light-duty position. OWCP treated his submission as reconsideration rather than a request to modify the capacity rating. The Board set aside the ruling and remanded for a proper merits decision.
D.M. and Department of Agriculture
D.M. (ECAB 12-0528): Chiropractic reimbursement denied
D.M., an Agriculture Department employee, sought payment for chiropractic treatment after accepted neck and shoulder strains. The chiropractor had not diagnosed a spinal subluxation from an x-ray, as FECA requires for this coverage. The Board affirmed OWCP's refusal to authorize and pay for the…
J.B. and U.S. Postal Service
J.B. (ECAB 12-0422): Four percent left leg award upheld
J.B., a postal employee, sought a schedule award greater than four percent for his left leg. The Board gave greater weight to OWCP's medical adviser, who applied the impairment guides, than to the treating physician's higher rating. It also upheld OWCP's refusal to reopen the case because the later…
T.W. and Department of Veterans Affairs
T.W. (ECAB 12-0409): Examination refusal justified benefit suspension
T.W., a Veterans Affairs employee, missed a scheduled second opinion examination. The Board found that OWCP reasonably requested the examination and that she had not shown good cause for missing it. It upheld the suspension effective January 16, 2011 and the denial of retroactive benefits for the…
Federal Construction Group
Case remanded to address alleged ex parte communication
Federal Construction Group faced hazard-communication and lead-compliance citations arising from renovation work at Fort Bragg. An administrative law judge affirmed the items and assessed $6,000 in penalties. In its review petition, the company alleged that the judge had a private lunch…
C.M. and U.S. Postal Service
C.M. (ECAB 12-1259): Reconsideration denial upheld on the record before OWCP
C.M., a postal employee, asked OWCP to reconsider a schedule award. On the evidence OWCP had when it denied the request, the Board found no proof of timely mailing and no clear evidence of error in the earlier decision. It affirmed OWCP's refusal to reopen the claim without revisiting the award's…
S.W. and Department of Defense
S.W. (ECAB 12-1127): Head and ankle injury claim denied
S.W., a Defense Logistics Agency employee, claimed she fainted at work and injured her head and right ankle. The Board found inconsistencies and gaps in the evidence about when and how the fall occurred. It upheld the injury denial and OWCP's refusal to reopen the claim on reconsideration.
H.Q. and U.S. Postal Service
H.Q. (ECAB 12-1124): Reconsideration refusal upheld
H.Q., a postal employee, asked OWCP to reconsider her compensation claim. The Board found that her submission did not identify a legal error, make a new relevant legal argument, or provide pertinent new evidence. It affirmed the refusal to reopen without reaching the underlying claim's merits.
K.S. and U.S. Postal Service
K.S. (ECAB 12-1049): Smoke exposure injury claim denied
K.S., a postal employee, claimed a throat injury after smoke or fumes entered his vehicle. The Board found that his medical submissions lacked a firm diagnosis and a reasoned explanation linking a condition to the incident. It affirmed OWCP's denial of the injury claim.
E.M. and Department of Defense
E.M. (ECAB 12-0999): Emotional condition denial upheld
E.M., a Defense Department employee, claimed work responsibilities caused or aggravated depression. The Board credited an impartial medical specialist who found no causal link between the accepted work factor and her condition. It upheld OWCP's denial and later merits ruling.
D.S. and Department of Agriculture
D.S. (ECAB 12-0689): Overpayment and waiver denial upheld
D.S., an Agriculture Department employee, received $23,570.95 in compensation without a required Social Security retirement offset. The Board upheld the overpayment and found she was not at fault. It also upheld denial of waiver because she did not submit the requested financial information within…
M.P. and Department of Labor
M.P. (ECAB 12-0669): Emotional condition benefit termination upheld
M.P., a Labor Department employee, challenged the termination of wage-loss and medical benefits for accepted emotional conditions. The Board gave determinative weight to an impartial examiner's reasoned opinion that the work-related conditions had resolved. It upheld OWCP's termination effective…
P.E. and U.S. Postal Service
P.E. (ECAB 12-0662): Recurrence and pain syndrome claims denied
P.E., a postal employee, claimed renewed disability and a pain syndrome after accepted leg injuries. The Board found that later mail-delivery activities were intervening work factors, so the claimed disability was not a spontaneous recurrence of the accepted injury. The medical evidence also did…
J.A. and U.S. Postal Service
J.A. (ECAB 12-0603): Cervical surgery claim denied
J.A., a postal employee, sought authorization for cervical surgery as a consequence of accepted work injuries. The Board found that his physicians had not adequately explained how the accepted injuries caused the cervical condition requiring surgery. It affirmed OWCP's denial.
J.J. and Department of Veterans Affairs
J.J. (ECAB 12-1045): Late claim barred continuation of pay
J.J., a Veterans Affairs employee, injured her knee at work and sought continuation of pay. She did not file a written wage-loss claim within 30 days of the injury. The Board affirmed denial of continuation of pay while explaining that she could still pursue other wage-loss compensation.
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.