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.M. and U.S. Postal Service, Chicago Central Facility
L.M. (ECAB 11-2009): Insurance premiums properly reduced net schedule award payments
L.M., a postal mail processor with accepted hand and wrist conditions, received a schedule award for additional permanent left arm impairment. She challenged the difference between the gross award amount and the payments she received. OWCP had stopped her partial disability payments when the…
P.H. and Department of Transportation, Federal Aviation Administration
P.H. (ECAB 11-1736): Board upheld reduced compensation based on customer service work
P.H., an air traffic control specialist with an accepted post-traumatic stress disorder claim, could not return to his former work. OWCP selected a customer service representative position to measure his remaining earning capacity and reduced his wage-loss benefits. The Board found the selected job…
Northern Excavating Co., Inc.
Willful cave-in violations affirmed, training and egress items vacated
Northern Excavating employees worked in a Type C soil excavation that ranged from about 7.5 to 12 feet deep without a trench box, shoring, or adequate sloping. The excavation used prohibited benching, had soil sloughing into it, and sat beside a heavily traveled access road where truck vibrations…
Consolidation Coal Co.
Special-assessment review forms ordered disclosed
Consolidation Coal sought the forms MSHA used to recommend special assessments for alleged violations, including a proposed $50,700 penalty for a roof-control order. After reviewing the forms privately, Judge David F. Barbour found that the Secretary had adequately explained how the proposed…
T.L. and Department of the Air Force, U.S. Air Force Academy
T.L. (ECAB 12-531): Back injury claim returned for further medical development
T.L., an Air Force Academy waiter, reported back pain after lifting a trash bag at work. OWCP denied her injury claim because it found the medical proof of causation insufficient. A later physician report described how the lifting and twisting movement could have injured her lumbar spine, while…
E.O. and Department of the Navy, Naval Air Station Oceana
E.O. (ECAB 12-517): Arm impairment award rested on incomplete accepted facts
E.O., a Navy precinct commander, sustained several accepted injuries in an on-duty vehicle collision and received a four-percent right arm impairment award. He sought a higher award. The Board found that OWCP's medical adviser used a statement of accepted facts that omitted the accepted elbow…
H.G. and Department of the Army, Army Corps of Engineers, Shorterville, AL
H.G. (ECAB 12-431): Original hearing loss remand with corrected issuance year
H.G., an Army Corps of Engineers mechanic, claimed hearing loss from power plant noise. The Board found that OWCP’s account of his work omitted measured noise levels and that its examining physician gave an equivocal, inadequately explained opinion about causation. It set aside the denial and…
D.K. and U.S. Postal Service, Post Office, Beatrice, NE
D.K. (ECAB 12-428): Foot and hip claims lacked a medical link to postal walking duties
D.K., a postal letter carrier, attributed arthritis and pain in his feet and other areas to extensive walking on his route. OWCP accepted that he performed the described work but denied his occupational disease claim. The Board found that the physicians who diagnosed foot conditions and discussed…
L.D. and Department of Homeland Security, Transportation Security Administration
L.D. (ECAB 12-342): Carpal tunnel records did not explain a link to screening duties
L.D., an airport security screener, attributed bilateral carpal tunnel syndrome to repetitive screening and baggage duties. Her records documented the diagnosis and treatment, including surgery, but also described an earlier nonwork wrist injury. The Board found that neither treating physician…
M.H. and U.S. Postal Service, Post Office, San Antonio, TX
M.H. (ECAB 12-317): Intermittent wage-loss claim lacked medical support for the claimed dates
M.H., a postal city carrier, had an accepted lumbar sprain and returned to modified work. He sought compensation for intermittent time away from work over a later four-week period. The Board found no medical opinion showing that the accepted injury kept him from working on the specific dates…
D.C. and Department of the Navy, Portsmouth Naval Shipyard
D.C. (ECAB 12-204): Objection to impairment guide edition did not reopen award claim
D.C., a Navy shipyard electrician with accepted left shoulder conditions, had received a 26-percent left arm impairment award and sought a higher rating. OWCP denied an increase and then declined to reopen the claim when he argued that it should use his physician's rating under an earlier edition…
D.P. and Department of the Air Force, U.S. Air Force Academy
D.P. (ECAB 12-55): Temporary computer job could not support wage-earning capacity finding
D.P., an Air Force Academy employee with accepted right wrist and nerve conditions, had his compensation reduced to zero based on earnings in a computer assistant job. He later sought wage-loss compensation and argued that his assignment had changed. The Board found that the original computer…
N.W. and U.S. Postal Service, Post Office, Pittsburgh, PA
N.W. (ECAB 11-661): Incomplete job offer could not justify terminating compensation
N.W., a postal clerk with accepted neck and upper back injuries, refused a modified clerk job that OWCP considered suitable. OWCP ended her compensation on that basis. The Board found that the written job offer did not specify several physical demands that her impartial examiner had limited…
Y.P. and U.S. Postal Service, Post Office, Wilmington, NC
Y.P. (ECAB 12-581): Trigger finger diagnosis lacked a medical explanation tied to mail duties
Y.P., a postal rural carrier, attributed a painful right middle trigger finger to repeated mailbox and mail handling duties. Her orthopedic surgeon documented the condition and treatment and noted that she used that finger to open mailboxes. The Board found that he did not give a definite opinion…
L.T. and Department of the Air Force, Tinker Air Force Base
L.T. (ECAB 12-495): Conflicting leg impairment ratings required an impartial examination
L.T., a former Air Force financial manager with accepted lumbar conditions, sought an award for permanent impairment of both legs. Her attending physician rated each leg at 24 percent, while OWCP's examining physician found no ratable leg impairment. The Board found a medical conflict between those…
R.B. and Department of the Navy, Puget Sound Naval Shipyard
R.B. (ECAB 12-413): Accepted hearing loss was not ratable for an award
R.B., a Navy shipyard electrician supervisor, had an accepted work-related hearing loss claim. OWCP denied a schedule award because the measured loss was zero percent under the required rating formula. The Board agreed with that calculation. It also upheld denial of hearing aids because his…
R.C. and U.S. Postal Service, Post Office, Brooklyn, NY
R.C. (ECAB 12-377): Medical submissions did not support an additional limb impairment award
R.C., a former postal messenger with accepted injuries affecting several body areas, sought additional permanent impairment awards for his arms and legs. He had already received awards for his right leg and both arms. The Board gave weight to an OWCP examiner who found no current ratable limb…
W.B. and U.S. Postal Service, Post Office, Summerville, SC
W.B. (ECAB 12-0314): Wage-loss termination reversed after unsuitable-work finding
W.B., a postal rural carrier, received wage-loss compensation after an accepted shoulder injury. OWCP ended that compensation when he declined a custodial job offer. The Board found that OWCP had not shown the offered job was suitable. The doctors who assessed his work restrictions had not…
C.S. and Department of the Air Force, Hanscom Air Force Base, MA
C.S. (ECAB 12-0063): Retirement benefit offset and overpayment recovery upheld
C.S. received federal workers’ compensation and Social Security retirement benefits after an accepted injury. OWCP found that her compensation should have been reduced to account for the part of her Social Security benefits attributable to federal service. The Board upheld the resulting $12,483.98…
R.C. and Defense Logistics Agency, Tobyhanna, PA
R.C. (ECAB 11-2060): Refusal of suitable supply clerk job supported benefit termination
R.C. received wage-loss compensation after injuring his right arm while working as a packer. His employer later offered him a supply clerk position, which he declined. The Board found that an impartial orthopedic specialist’s examination and review of the job offer supported OWCP’s finding that the…
D.B. and U.S. Postal Service, Post Office, Philadelphia, PA
D.B. (ECAB 11-1851): Termination of injury benefits upheld after medical review
D.B., a postal rural carrier, received compensation and medical benefits for accepted neck and back sprains after a fall while delivering mail. OWCP ended those benefits after a second opinion doctor found that the accepted conditions had resolved. The Board gave more weight to that doctor’s…
H.C. and U.S. Postal Service, Post Office, Pensacola, FL
H.C. (ECAB 11-0627): Denials of reconsideration upheld without review of underlying benefits
H.C. sought to reopen a decision ending his compensation after he declined an offered job. The Board reviewed three later OWCP denials of reconsideration, while the earlier benefit decision itself was outside its jurisdiction in this appeal. A majority found that the first request did not provide a…
M.B. and U.S. Postal Service, Post Office, Dulles, VA
M.B. (ECAB 12-0435): Wage-loss claim returned after withdrawal of limited duty
M.B., a postal mail processor, worked limited duty after OWCP accepted a left wrist condition. The Postal Service withdrew that assignment under its National Reassessment Process, and she sought wage-loss compensation from the date the work ended. OWCP denied her claim because it found insufficient…
E.H. and Department of Homeland Security, Transportation Security Administration, LaGuardia International Airport, Flushing, NY
E.H. (ECAB 12-0427): Injury claim denial upheld over conflicting incident accounts
E.H., an airport security screener, sought compensation for a left thigh wound that he said occurred while working. OWCP denied the claim because his accounts differed about when, where, and how he was injured, and the available workplace accounts and video did not establish the claimed incident…
B.W. and Department of the Air Force, San Antonio, TX
B.W. (ECAB 12-0359): Recurrence claim denied for lack of link to accepted back strain
B.W. sought benefits for a recurrence of disability or a medical condition connected to an accepted 1987 low back strain. He had worked limited duty intermittently and later retired. The Board found that his medical reports discussed several conditions and injuries without adequately explaining a…
L.B. and U.S. Postal Service, Post Office, Baxley, GA
L.B. (ECAB 12-0336): Mail carrier's injury claim denied for lack of medical explanation
L.B., a rural mail carrier, claimed that placing mail in a mailbox injured his right shoulder and back. OWCP accepted that he had placed mail in the mailbox but denied the claim because the medical evidence did not establish that the incident caused his conditions. The Board found that a physician…
A.W. and Department of Housing & Urban Development, Wilmington, DE
A.W. (ECAB 12-0258): Board returns occupational disease claim for a clearer medical opinion
A.W. claimed that her federal work caused conditions affecting her neck and both arms. A prior Board decision had identified conflicting medical opinions and sent the case to OWCP for an impartial examination. The Board found that OWCP had properly selected the examiner, but his report did not…
B.B. and U.S. Postal Service, Post Office, Newburgh, NY
B.B. (ECAB 12-0203): Repeated medical report did not require reopening of award claim
B.B., a postal maintenance worker, received a schedule award for two percent impairment of her right leg after an accepted work injury to her right foot. She asked OWCP to reconsider the award, arguing that her treating podiatrist's assessment supported a higher rating. OWCP refused to reopen the…
D.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Waco, TX
D.P. (ECAB 12-0179): Wage-earning capacity reduction remains in place
D.P., a Veterans Affairs employee, sustained an accepted right wrist and hand injury and later worked as a clerk. OWCP reduced her compensation in 1995 based on her earnings in that job. After she stopped working years later, she sought to change the wage-earning capacity determination and receive…
M.T. and Department of the Army, U.S. Army Material Command, Tobyhanna Army Depot, Tobyhanna, PA
M.T. (ECAB 12-0177): Two percent left ear hearing loss award upheld
M.T., an Army depot sheet metal worker, was exposed to workplace noise and received an accepted claim for hearing loss in both ears. OWCP awarded compensation for two percent hearing loss in his left ear. The Board found that OWCP’s medical adviser properly applied the hearing loss formula to a…
G.S. and U.S. Postal Service, Post Office, Santa Ana, CA
G.S. (ECAB 12-0171): Photos and general medical material did not reopen claim
G.S., a postal letter carrier, sustained an accepted head contusion and neck strain when a vehicle door struck her head. OWCP later denied her claim for renewed disability beginning in April 2009 because the medical evidence did not link it to the accepted injury. She sought reconsideration with…
J.V. and U.S. Postal Service, Post Office, Saratoga, CA
J.V. (ECAB 11-1956): Temporary postal job could not support wage-earning capacity decision
J.V., a postal letter carrier with accepted arm injuries, worked full time in a modified carrier position that OWCP used for a 2002 wage-earning capacity determination. The Postal Service later withdrew that position and offered only two hours of work per day. J.V. sought to change the…
Tiffany Myers v. Freeport-McMoRan Morenci, Inc.
Driver-monitoring discrimination complaint dismissed
Freeport used driver-state sensors in large haul trucks to detect fatigue, distraction, and tampering. Driver Tiffany Myers complained that false alarms, voice warnings, and monitoring made her work unsafe and caused physical and emotional symptoms, and she alleged that management harassed…
T.C. and U.S. Postal Service, Post Office, Richmond, VA
T.C. (ECAB 12-0579): Elbow condition claim denied without a specific work incident
T.C., a rural mail carrier, reported numb fingers after leaning on her left elbow and later received treatment for ulnar nerve compression. She claimed a traumatic workplace injury but did not explain the specific work activity or mechanism that put stress on her elbow, despite OWCP’s request for…
P.Q. and U.S. Postal Service, Post Office, Farmington, MI
P.Q. (ECAB 12-0475): Late reconsideration request showed no clear error
P.Q., a postal window clerk, claimed that lifting mail tubs and trays caused neck and shoulder conditions. OWCP denied the claim because the medical evidence did not establish the link to her work. She requested reconsideration more than a year after that denial. The Board found the request late…
M.R. and U.S. Postal Service, Post Office, Cincinnati, OH
M.R. (ECAB 12-0416): Conflicting impairment findings require a referee examination
M.R., a postal clerk, had an accepted cervical injury and sought a schedule award for permanent impairment of his arms. His physician reported motor and sensory deficits and rated impairment in both arms. An OWCP second opinion physician found no such deficits or ratable impairment. The Board found…
H.C. and Department of the Army, Army Corps of Engineers, Clewiston, FL
H.C. (ECAB 12-0404): Shoulder and neck injury claim denied for lack of medical explanation
H.C., an Army Corps of Engineers crane operator, claimed shoulder and neck injuries after climbing a ladder at work. OWCP accepted that he climbed the ladder but denied the claim because the medical evidence did not establish that it caused an injury. The Board found that his chiropractor did not…
C.W. and Department of Veterans Affairs, Carl Vinson Veterans Administration Medical Center
C.W. (ECAB 12-0301): Denial of new injury claim upheld
C.W., a nursing assistant at a veterans medical center, fell to her knees after her legs became numb during a shift. She had recently returned to work following an accepted lumbar disc injury. The Board found that the evidence did not establish a new injury caused by the fall, and it affirmed…
R.H. and U.S. Postal Service, Post Office, Brick, NJ
R.H. (ECAB 12-0116): Existing leg impairment awards upheld
R.H., a postal letter carrier with an accepted back injury, sought larger schedule awards for impairment of both legs. He challenged the selection and findings of OWCP's impartial examiner and offered other doctors' reports. The Board found that OWCP had properly selected the examiner and that his…
J.V. and U.S. Postal Service, Post Office, Erie, PA
J.V. (ECAB 12-0090): Reconsideration denials upheld
J.V., a postal employee, had claimed a left shoulder injury from lifting a box at work. OWCP denied the injury claim. She sought reconsideration five times; this appeal concerned the last two denials. The Board found that the first request on appeal raised no new legal question or relevant evidence…
T.W. and U.S. Postal Service, Post Office, Little Rock, AR
T.W. (ECAB 11-2109): Shoulder and back injury claim denied
T.W., a postal sales and distribution employee, reported shoulder pain after freeing his hand from a collection box at work. The Board accepted that the incident occurred but found that his medical reports did not adequately explain how it caused or aggravated a diagnosed shoulder or back…
C.K. and U.S. Postal Service, Post Office, Kingston, PA
C.K. (ECAB 11-2094): Termination of compensation reversed
C.K., a postal letter carrier, received compensation after an accepted back injury and a later accepted recurrence of disability. OWCP terminated her wage-loss and medical benefits after relying on an impartial specialist's report. The Board found that the specialist had not accounted for the…
R.J. and U.S. Postal Service, New Jersey International & Bulk Mail Center
R.J. (ECAB 11-1443): Recurrence of disability claim denied
R.J., a postal mail handler with an accepted lumbosacral strain, claimed a recurrence of disability after the Postal Service sent her home from modified duty. The Board found no evidence that the modified job's requirements had changed or been withdrawn. It also found that the medical evidence did…
Christian Miller and Willie Rowe, employed by South Carolina Minerals, Inc.
Individual-penalty dismissal motions denied
The Secretary sought individual penalties against South Carolina Minerals agents Willie Rowe and Christian Miller under section 110(c). They argued that the petitions did not identify facts showing knowing conduct and that the cited orders had not been attached, so the claims should be dismissed…
Matter of Ignacio GUZMAN MARTINEZ
Illegal activity at a port of entry can trigger admission treatment
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Mexican lawful permanent resident who was accused of trying to bring an undocumented juvenile into the United States at a port of entry. The Board held that a…
Kloepfer Inc.
Guarding violations upheld but special findings removed
MSHA cited Kloepfer's newly started portable crushing plant for four missing guards, a removed handrail section, and an allegedly inadequate workplace examination. Judge William B. Moran held that the portable plant properly remained under the company's existing mine ID because the two plants had…
Bear Lake Properties, LLC
In re Bear Lake Properties, LLC (EAB UIC Appeal No. 11-03): UIC permits remanded in part
EPA Region 3 issued two permits for Class II underground injection wells at the Bittinger site in Pennsylvania. Petitioners challenged the Region's treatment of drinking-water wells, well depth, gas wells, population growth, earthquake risk, and late-filed comments. The Board held that the record…
MHA Nation Clean Fuels Refinery
In re MHA Nation Clean Fuels Refinery (EAB NPDES Appeal Nos. 11-02, 11-03, 11-04, and 12-03): Petitions dismissed and review denied
The MHA Nation proposed a petroleum refinery on the Fort Berthold Indian Reservation in North Dakota, with wastewater discharges regulated under an NPDES permit. Four petitioners challenged different parts of the permit and the environmental review supporting it. The Board dismissed two appeals…
R.K., claiming as Executrix of the Estate of A.K., and U.S. Postal Service, Post Office, Moorestown, NJ
R.K., for the estate of A.K. (ECAB 12-212): Schedule award claim returned for a new medical review
R.K., acting for the estate of a former postal letter carrier, appealed OWCP's denial of a schedule award for permanent impairment from accepted back injuries. OWCP had relied on an impartial medical specialist, but the Board found that its records did not show how the specialist was chosen under…
J.W. and Department of Agriculture, Soil Conservation Service, Stillwater, OK
J.W. (ECAB 11-1654): Hip disease claim returned for review of a physician's report
J.W., a Department of Agriculture surveying technician at the time of his 1987 injury, sought to add bilateral degenerative hip disease to his accepted work injury claim. He argued that the hip condition followed from his back injury and resulting changes in his gait. OWCP denied the claim after…
L & L Painting Company, Inc.
Lead-monitoring exception rejected and citation items split
L & L Painting removed lead-based paint from the George Washington Bridge after employees were found to have elevated blood lead levels. The company performed no lead-exposure monitoring on the New York side and argued that monitoring from its earlier New Jersey work qualified under the…
Stansley Mineral Resources, Incorporated
Unguarded tail pulley upheld with penalty reduced to $1,000
A Stansley employee repeatedly shoveled spillage within a few feet of an unguarded, fluted conveyor tail pulley at a sand-and-gravel plant. The operator admitted the guarding violation but disputed the S&S and unwarrantable-failure designations. Judge David F. Barbour found a serious entanglement…
Matter of Agustin VALENZUELA GALLARDO
Accessory to felony is an aggravated felony relating to obstruction of justice
The Board reviewed a Mexican lawful permanent resident's appeal from an aggravated-felony removal order based on his California conviction for accessory to a felony. It held that an offense relates to obstruction of justice when it includes an affirmative and intentional attempt, motivated by…
J.J. and Department of the Army, National Guard Bureau, Sacramento, CA
J.J. (ECAB 11-1958): Wage-earning capacity dispute returned for a clear decision
J.J. asked OWCP to modify a 2002 decision reducing his compensation based on his presumed ability to work as a budget officer. The Board had previously directed OWCP to treat his filing as a request to modify that wage-earning capacity determination. OWCP issued another denial, but its explanation…
FMC Corporation
Default vacated after answer reached the Secretary
FMC Corporation asked the Commission to reopen a penalty case after its failure to answer a penalty petition led to a default. FMC said it timely responded to the show-cause order, and the Secretary confirmed that the regional solicitor received a copy of the answer. The answer did not show that…
Robles Aggregates, Inc.
Default vacated where petition delivery could not be verified
Robles Aggregates asked the Commission to reopen a penalty case after an unanswered show-cause order became a default. The operator said it had timely contested the penalties and received no later communication until the Treasury Department contacted it about the debt. The Secretary did not oppose…
ArcelorMittal Cleveland Inc.
In re ArcelorMittal Cleveland Inc. (EAB NPDES Appeal No. 11-01): Variance modification remanded
ArcelorMittal Cleveland asked to modify ammonia-nitrogen limits in the Clean Water Act variance covering wastewater from two blast furnaces at its Cleveland steel mill. EPA Region 5 denied the request as untimely, reasoning that the statute's 270-day deadline for variance applications also barred…
Austin Powder Company
Default vacated after answers used wrong docket number
Austin Powder Company asked the Commission to reopen a penalty case after an unanswered show-cause order became a default. The company supplied fax confirmations showing that counsel sent an answer to MSHA and the Commission after the penalty petition, then sent it again after the show-cause order…
P.C. and U.S. Postal Service, Post Office, Oakland, CA
P.C. (ECAB 12-434): Related postal injury claims returned for consolidation
P.C., a postal employee, attributed a cervical condition and carpal tunnel syndrome to repetitive work handling mail and heavy equipment. She had filed the claims separately, but both concerned the same work activities. OWCP denied a claim without placing the medical evidence from the related file…
A.C. and U.S. Postal Service, Post Office, Dallas, TX
A.C. (ECAB 12-402): Disability recurrence claim returned for the right medical question
A.C., a postal employee with an accepted work-related condition, sought wage compensation after returning to a light-duty assignment. OWCP denied her claim that her disability recurred. To resolve conflicting medical opinions, OWCP asked an impartial physician whether she could perform regular…
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.