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.F. and National Institutes of Health
J.F. (ECAB 12-1158): Schedule award reconsideration sent back
J.F., a National Institutes of Health employee, sought reconsideration of a schedule award. Her physician submitted a new report challenging the medical adviser's impairment review. The Board held that this relevant new evidence required a merits review and remanded for OWCP to decide it.
V.D. and Department of the Navy
V.D. (ECAB 12-1034): Part-time job could not establish wage capacity
V.D., a Navy employee who had worked full time when injured, returned to a part-time clerk assignment. OWCP used that job's earnings to set her wage-earning capacity. The Board held that the part-time position was an improper measure under OWCP's procedures and reversed the decision.
S.M. and Department of Homeland Security
S.M. (ECAB 12-0977): Occupational disease and reopening claims denied
S.M., a Transportation Security Administration employee, claimed an occupational disease from her work. The Board found that the medical evidence did not adequately link her conditions to employment. It also upheld OWCP's refusal to reopen the claim because the later submission did not meet the…
E.N. and Department of the Army
E.N. (ECAB 12-0751): Medical recurrence claim denied
E.N., an Army employee, claimed a recurrence of medical problems from an accepted April 2007 injury. The Board found that her medical submissions did not adequately explain a causal connection to the accepted injury. It affirmed OWCP's denial.
D.D. and Department of Justice
D.D. (ECAB 12-0675): Overpayment and waiver denial upheld
D.D., a Bureau of Prisons employee, received a $6,387.84 overpayment without fault. The Board upheld the amount and denied waiver because his Thrift Savings Plan assets exceeded the applicable resource limit. It found no evidence that recovery would be against equity and good conscience.
A.R. and U.S. Postal Service
A.R. (ECAB 12-0443): Benefit termination reversed
A.R., a postal employee, challenged termination of wage-loss and medical benefits for accepted neck and shoulder conditions. The Board found that the impartial examiner's brief report lacked the reasoning needed to resolve conflicting medical opinions. It reversed the termination because OWCP had…
R.L. and U.S. Postal Service
R.L. (ECAB 12-0078): Pay-rate overpayment and waiver denial upheld
R.L., a postal employee, received $925.43 more compensation than due because of an incorrect pay rate. The Board upheld the overpayment and OWCP's waiver denial. He had not provided the requested financial information needed to assess waiver.
K.C. and U.S. Postal Service
K.C. (ECAB 12-0032): Wage-loss and reopening denials upheld
K.C., a postal employee, sought wage-loss compensation for February 12 through March 31, 2011. The Board found that she had not established work-related disability during that period. It also upheld OWCP's refusal to reopen the claim on reconsideration.
Sean P. Tadlock v. Big Ridge Inc.
Discrimination complaint dismissed for repeated litigation failures
Sean Tadlock was temporarily reinstated, but MSHA later found no Mine Act discrimination and he chose to pursue his complaint personally before the Commission. Tadlock did not respond to scheduling proposals, missed conference calls, failed to answer discovery, and did not comply with orders…
Big Ridge, Incorporated
One roof citation vacated and six reduced, with $53,000 total penalties
Big Ridge faced eleven roof-control citations at its Willow Lake Portal Mine with proposed penalties totaling $359,400. Four citations were settled for $36,500. Of the seven litigated citations, Senior Judge Michael E. Zielinski vacated one because the Secretary did not prove that the mine's recent…
R.G. and Department of Defense
R.G. (ECAB 12-1059): Late hearing-loss reconsideration rejected
R.G., a Defense Department employee, sought reconsideration of a hearing-loss claim. The Board found that the request was untimely and did not demonstrate clear evidence of error. It affirmed OWCP's refusal to reopen the claim without deciding the underlying merits anew.
R.G. and U.S. Postal Service
R.G. (ECAB 12-1006): Reconsideration refusal upheld
R.G., a postal employee, asked OWCP to reconsider a compensation ruling. The Board found that the application did not satisfy the standard for further merits review. It upheld OWCP's refusal to reopen the case.
C.N. and U.S. Postal Service
C.N. (ECAB 12-0975): Health premium overpayment and waiver denial upheld
C.N., a postal employee, received $638.87 more compensation than due because health insurance premiums were not deducted. The Board upheld the overpayment and found that OWCP properly denied waiver. C.N. had not submitted the requested financial questionnaire, even though he was without fault.
L.B. and U.S. Postal Service
L.B. (ECAB 12-0910): Arm impairment ratings returned for referee examination
L.B., a postal employee, disputed schedule awards for both arms. Her physician and OWCP's examiner used different permissible methods to rate shoulder impairment and reached conflicting results. The Board ordered an impartial specialist to resolve the conflict before OWCP issues a new award…
T.S. and Department of Homeland Security
T.S. (ECAB 12-0797): Late reconsideration request rejected
T.S., a Federal Air Marshal Service employee, sought reconsideration of a compensation claim after the deadline. The Board found that his request was untimely and did not show clear evidence of error. It affirmed OWCP's refusal without reopening the underlying claim.
J.A. and U.S. Postal Service
J.A. (ECAB 12-0758): Right hip injury claim denied
J.A., a postal employee, claimed a right hip condition from an accepted October 2010 workplace incident. The Board found that the medical evidence did not establish a causal link between the incident and the hip condition. It affirmed OWCP's denial.
R.C. and U.S. Postal Service
R.C. (ECAB 12-0468): Medical referee selection objections rejected
R.C., a postal employee, objected to physicians listed for an impartial medical examination. OWCP accepted an objection to a sanctioned physician but rejected objections based on other doctors' work for the same referral contractor. The Board upheld that selection ruling because those objections…
M.B. and Gettysburg National Military Park
M.B. (ECAB 12-0019): Overpayment fault ruling reversed and waiver remanded
M.B., a park employee, challenged an overpayment and requested a prerecoupment hearing. The Board upheld the $9,471.93 amount and found his hearing request untimely. It reversed OWCP's fault finding because his return to work at lower pay did not make the compensation error obvious. The Board…
W.I. and U.S. Postal Service
W.I. (ECAB 12-0017): Wage capacity modification sent back for development
W.I., a postal employee, sought to modify a wage-earning capacity rating based on a light-duty job later withdrawn. The Board found that OWCP needed more evidence about whether the position was genuine and whether his current limits remained work related. It set aside the decision and ordered…
National Association of Government Employees, Local R4-17 (Union) and United States Department of Veterans Affairs, Medical Center, Hampton, Virginia (Agency)
NAGE Local R4-17 and Hampton VA Medical Center (FLRA 0-AR-4825): Classification grievance excluded
Three administrative officers at the Hampton VA Medical Center sought a higher-graded position description and backpay after other administrative officers received a reclassification. Their union argued that the dispute involved assignment to an existing position description, rather than…
Genwal Resources, Inc., et al.
Consolidated mine settlements impose $1.15 million in penalties
The parties submitted a consolidated settlement covering citations and orders arising from the 2007 Crandall Canyon Mine fatal accidents and numerous other enforcement dockets involving four related operators. The companies admitted the Mine Act violations for purposes of the agency proceedings…
Highland Mining Company, LLC
One citation affirmed, nine modified, and three vacated
Highland Mining admitted many of the cited conditions at its Highland 9 underground coal mine but disputed significant and substantial and unwarrantable-failure findings across thirteen litigated enforcement actions. Judge Priscilla M. Rae evaluated roof and rib hazards, belt accumulations and…
Matter of M-Z-M-R-
Standards for internal relocation in asylum cases
The Board reconsidered a Sri Lankan respondent's applications for asylum, withholding of removal, and protection under the Convention Against Torture after the Ninth Circuit remanded the case. The Board held that internal relocation requires separate findings on whether the applicant could safely…
D.R. and Department of the Air Force
D.R. (ECAB 12-1287): Late reconsideration request rejected
D.R., an Air Force employee, requested reconsideration after the filing deadline. The Board found the request untimely and insufficient to show clear evidence of error in the prior decision. It affirmed OWCP's refusal without reaching the underlying merits again.
W.W. and U.S. Postal Service
W.W. (ECAB 12-1007): Ten percent left arm award upheld
W.W., a postal employee, sought a schedule award above 10 percent for his left arm. The Board found that the medical adviser applied the relevant impairment tables and that the record did not establish a higher rating. It affirmed the award.
M.B. and U.S. Postal Service
M.B. (ECAB 12-1000): Two late reconsideration requests rejected
M.B., a postal employee, filed two reconsideration requests after the applicable deadline. The Board found that neither request demonstrated clear evidence of error. It upheld both refusals without reopening the underlying claim.
W.W. and U.S. Postal Service
W.W. (ECAB 12-0969): Claimed back injury not established
W.W., a postal employee, claimed he injured his upper back lifting mail. A workplace lifting incident was corroborated, but he did not submit medical evidence linking it to a separate back injury. The Board affirmed OWCP's denial.
A.L. and U.S. Postal Service
A.L. (ECAB 12-0867): Bilateral wrist condition claim denied
A.L., a postal employee, claimed bilateral wrist conditions as consequences of accepted work injuries. The Board found that the medical evidence did not establish the claimed causal connection. It affirmed OWCP's denial.
C.J. and U.S. Postal Service
C.J. (ECAB 12-0671): Emotional condition claim not reopened
C.J., a postal employee, sought reconsideration of an emotional condition claim. The Board found that her submission did not satisfy the standard for renewed merits review. It affirmed OWCP's refusal without deciding whether the claimed condition was work related.
L.J. and Department of Veterans Affairs
L.J. (ECAB 12-0558): Emotional condition claim denied
L.J., a Veterans Affairs employee, attributed an emotional condition to workplace incidents and personnel matters. The Board found that she had not established a compensable employment factor on this record. It affirmed OWCP's denial.
M.S. and Department of the Navy
M.S. (ECAB 12-0461): Workplace collapse claim denied
M.S., a Navy employee, suffered a collapse and brain injury at work. Her representative argued that food consumed at work or an inadequate employer response caused or contributed to the injury. The Board found that the record did not establish either link and affirmed OWCP's denial.
R.J. and Department of Veterans Affairs
R.J. (ECAB 12-1418): Limb impairment awards returned for medical review
R.J., a Veterans Affairs employee, challenged schedule awards for his arms and left leg. The Board found that the medical record and impairment calculations needed further review under the applicable guides. It set aside OWCP's decision and remanded for additional development and a new ruling.
D.R. and Department of Justice
D.R. (ECAB 12-1093): Emotional condition claim denied
D.R., a Bureau of Prisons employee, attributed stress and depression to suspected metal exposure and uncertainty about his job. The Board found that high workplace exposure was not established and that fear about future employment was not a compensable work factor. It affirmed OWCP's denial.
D.C. and Department of Labor
D.C. (ECAB 12-1038): Reconsideration refusal upheld
D.C., a Labor Department employee, requested further review of an earlier compensation denial. The Board found that her submission did not satisfy the requirements for a new merits review. It affirmed OWCP's refusal to reopen the case.
J.P. and Department of Commerce
J.P. (ECAB 12-0829): Benefit termination upheld
J.P., a Census Bureau employee, challenged termination of wage-loss and medical benefits for accepted leg injuries. The Board credited a reasoned second-opinion report finding no remaining work-related residuals or disability. It upheld the termination effective July 27, 2011.
E.R. and Department of Veterans Affairs
E.R. (ECAB 12-0793): Nurse shoulder claim denied
E.R., a Veterans Affairs nurse, attributed a right shoulder condition to her patient-care duties. The Board found that the medical evidence did not adequately connect the diagnosed condition to her work. It affirmed OWCP's denial.
E.M. and U.S. Postal Service
E.M. (ECAB 12-0774): Knee disability recurrence denied
E.M., a postal employee, claimed renewed disability from an accepted right knee injury. The Board found that he had not established that the March 2009 disability was caused by the December 2007 work injury. It affirmed OWCP's denial.
A.A. and U.S. Postal Service
A.A. (ECAB 12-0708): Two disability recurrence claims denied
A.A., a postal employee, sought compensation for two periods after her limited-duty work ended. The Board found that she had not shown work-related disability during either claimed period. It affirmed OWCP's denials.
S.P. and U.S. Postal Service
S.P. (ECAB 12-0500): Late reconsideration request rejected
S.P., a postal employee, sought reconsideration after the filing deadline. The Board found that the request was untimely and did not establish clear evidence of error. It affirmed OWCP's refusal without revisiting the underlying claim.
Bledsoe Coal Corporation
Fifteen S&S violations uphold pattern designation
MSHA placed Bledsoe Coal's Abner Branch Rider Mine under a pattern-of-violations designation after a follow-up inspection produced eighteen citations marked significant and substantial. The parties agreed that MSHA needed at least nine valid S&S citations to sustain the pattern action. Judge…
J.G. and Department of Veterans Affairs
J.G. (ECAB 12-0894): Back injury claim returned for medical development
J.G., a Veterans Affairs employee, claimed a low-back condition after lifting at work. The Board found that the record warranted further medical development. It ordered OWCP to obtain a specialist's opinion on whether the incident caused an injury and to issue a new decision.
K.S. and Department of Homeland Security
K.S. (ECAB 12-0879): Ten percent right arm award upheld
K.S., a Homeland Security employee, sought a schedule award greater than 10 percent for his right arm after a wrist injury. The Board found that the evidence did not establish a higher permanent impairment. It affirmed OWCP's decision.
C.W. and U.S. Postal Service
C.W. (ECAB 12-0804): Left knee impairment award sent back again
C.W., a postal employee, sought a schedule award above eight percent for his left leg. The Board found that the medical reports still did not adequately support the cartilage measurements used to rate knee arthritis. It ordered further testing and specialist review before OWCP decides the award…
M.M. and U.S. Postal Service
M.M. (ECAB 12-0752): Shoulder award upheld, wrist impairment remanded
M.M., a postal employee, challenged a 12 percent left arm schedule award. The Board upheld the shoulder rating but found that OWCP's medical adviser had not assessed possible impairment from an accepted wrist sprain. It remanded that issue for a reasoned medical opinion and new ruling.
R.M. and Department of Justice
R.M. (ECAB 12-0683): Two reconsideration refusals upheld
R.M., a U.S. Marshals Service employee, sought further review of a compensation claim. The Board found that his submissions did not warrant renewed merits review. It affirmed both OWCP refusals to reopen.
V.B. and Department of the Army
V.B. (ECAB 12-0599): Medical benefit termination reversed, lumbar issue remanded
V.B., an Army employee, challenged termination of medical benefits for an accepted back injury and sought recognition of another lumbar condition. The Board found that OWCP had not proved the accepted residuals had ended, so it reversed termination. It remanded the additional condition claim for a…
T.B. and U.S. Postal Service
T.B. (ECAB 12-0471): Late reconsideration request rejected
T.B., a postal employee, sought reconsideration after the applicable deadline. The Board found that the request was untimely and did not show clear evidence of error. It affirmed OWCP's refusal without deciding the underlying claim again.
R.M. and U.S. Postal Service
R.M. (ECAB 12-0228): Cashier wage capacity ruling upheld
R.M., a postal employee, challenged a reduction in compensation based on a constructed cashier position. The Board found the job medically suitable and reasonably available within her labor market. It also found no basis to modify the wage-earning capacity determination.
P.M. and U.S. Postal Service
P.M. (ECAB 12-0109): Medical appointment wage-loss claim sent back
P.M., a postal employee, claimed 4.88 hours of wage loss for a medical appointment related to an accepted back condition. The Board found that OWCP had overlooked a report documenting the visit. It remanded for clarification about the prescribed services and a new decision.
Pocahontas Coal Company, et al.
Late penalty cases remanded under clarified adequate-cause test
The Commission had consolidated multiple cases for interlocutory review after the Chief Judge accepted late penalty petitions in the consolidated cases. A newly issued Commission decision clarified that adequate cause exists when the Secretary gives a supported, nonfrivolous explanation showing the…
M.S. and U.S. Postal Service
M.S. (ECAB 12-1027): Late reconsideration request rejected
M.S., a postal employee, sought reconsideration after the filing deadline. The Board found that her application was untimely and did not establish clear evidence of error. It upheld OWCP's refusal to review the underlying merits again.
L.C. and U.S. Postal Service
L.C. (ECAB 12-0941): Leg impairment awards remanded
L.C., a postal employee, sought schedule awards above 55 percent for his right leg and 25 percent for his left leg. The Board found that OWCP had not adequately developed the medical evidence or applied the impairment guides as previously directed. It remanded for proper review and a new decision.
J.W. and Department of Veterans Affairs
J.W. (ECAB 12-0926): Claimed workplace assault not established
J.W., a Veterans Affairs nurse, claimed injuries after an alleged workplace assault. The Board found that the evidence did not establish the incident as alleged. It affirmed OWCP's denial of the injury claim.
D.P. and U.S. Postal Service
D.P. (ECAB 12-0745): Accounts clerk wage capacity ruling reversed
D.P., a postal employee with an accepted ankle injury, challenged a compensation reduction based on a constructed accounts receivable clerk job. The Board found that OWCP had not shown she had the education and vocational skills required for that position. It reversed the reduction.
R.T. and U.S. Postal Service
R.T. (ECAB 12-0678): Information clerk wage capacity ruling upheld
R.T., a postal employee, challenged a reduction in compensation based on a constructed information clerk position. The Board found that the job fairly represented her wage-earning capacity. It upheld the reduction effective August 28, 2011.
B.R. and U.S. Postal Service
B.R. (ECAB 12-0664): Continuing disability claim denied
B.R., a postal employee, sought continuing compensation after April 18, 2011 for accepted right shoulder sprain and rotator cuff tear. The Board found that she had not established continuing work-related disability. It affirmed OWCP's denial.
L.M. and Department of Justice
L.M. (ECAB 12-0405): Overpayments upheld, recovery terms remanded
L.M., a Bureau of Prisons employee, did not fully report outside work and earnings while receiving compensation. The Board upheld forfeiture, two overpayments of $137,183.05 and $20,047.75, and fault findings. It found that OWCP had not properly weighed her circumstances when setting repayment…
M.V. and U.S. Postal Service
M.V. (ECAB 12-0323): Reconsideration refusals upheld
M.V., a postal employee, sought further review of a compensation claim. The Board found that the applications did not satisfy the reconsideration requirements. It affirmed OWCP's refusals without reopening the underlying merits.
United States Department of the Army, White Sands Missile Range, White Sands Missile Range, New Mexico (Agency) and National Federation of Federal Employees, Local 2049 (Union)
White Sands Missile Range and NFFE Local 2049 (FLRA 0-AR-4826): Premature arbitration exceptions dismissed
NFFE's overtime grievance at White Sands Missile Range was still in arbitration when the Army objected to an arbitrator's decision to resume handling preliminary matters after she had announced a recusal. The arbitrator had said she would leave the case when prehearing questions were resolved and…
T.S. and Department of Veterans Affairs
T.S. (ECAB 11-1997): Emotional condition acceptance rescinded
T.S., a Veterans Affairs employee, received acceptance of an acute stress reaction claim after an incident involving a coworker. OWCP later rescinded acceptance, and the Board held that the incident was outside her assigned work duties. It affirmed rescission of the claim.
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.