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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COMM

D.E. and Department of the Navy, Naval Research Laboratory, Patuxent, MD

D.E. (ECAB 12-0008): Wage earning capacity modification request sent back

D.E., a former Navy aircraft mechanic with an accepted back injury, argued that changes in his injury related condition justified modifying an earlier wage earning capacity determination. OWCP treated his request as an application for reconsideration and declined further merit review. The Board…

June 7, 2012 ·ECAB
Remanded
COMM

K.C. and Department of Veterans Affairs, Veterans Health Administration, Kansas City, MO

K.C. (ECAB 11-2026): No ratable leg impairment from accepted back injury

K.C., a Veterans Affairs nursing assistant, had an accepted lumbar injury from a fall at work and requested a schedule award for impairment of her legs. The Board explained that a back injury can support a leg award if medical evidence establishes permanent impairment of a covered limb. OWCP's…

June 7, 2012 ·ECAB
Affirmed
COMM

T.J. and U.S. Postal Service, Post Office, Bedford Park, IL

T.J. (ECAB 11-1916): Disability claim returned after withdrawal of light duty work

T.J., a postal mail handler with accepted neck and arm conditions, sought compensation after the Postal Service withdrew her limited duty position. OWCP denied her recurrence claim without addressing the withdrawal under its applicable FECA guidance. The Board held that OWCP needed to assess…

June 7, 2012 ·ECAB
Remanded
COMM

Chenal Valley Construction, Inc.

All citation items withdrawn and judge’s decision vacated

The judge had affirmed residential fall-protection and ladder citations against Chenal Valley Construction as the controlling employer at an Arkansas homebuilding site. The case was directed for Commission review. Before the Commission decided the merits, the Secretary withdrew every remaining…

June 7, 2012 ·OSHRC
Citations vacated
COMM

United States Department of Homeland Security, U.S. Citizenship and Immigration Services, San Francisco Asylum Office (Agency) and American Federation of Government Employees, Local 1616 (Union)

San Francisco Asylum Office and AFGE Local 1616 (FLRA 0-AR-4823): Reduced suspension upheld

The San Francisco Asylum Office suspended an asylum officer for seven days based on five specifications. An arbitrator found that three specifications did not support discipline under the parties' agreement and reduced the suspension to three days. The agency argued that the arbitrator had…

June 7, 2012 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3283 (Union) and United States Department of Defense, Defense Finance and Accounting Service, Cleveland, Ohio (Agency)

Defense Finance and Accounting Service and AFGE Local 3283 (FLRA 0-AR-4816): Late grievance ruling upheld

The Defense Finance and Accounting Service told AFGE Local 3283 in May 2010 that it planned to change employee performance standards. The union filed a grievance in January 2011 after the agency announced implementation. An arbitrator found that the dispute had arisen months earlier and dismissed…

June 7, 2012 ·FLRA
Upheld
COMM

National Treasury Employees Union (Union) and Federal Deposit Insurance Corporation (Agency)

FDIC and NTEU (FLRA 0-AR-4286): Exceptions dismissed while remedies remain open

NTEU challenged the FDIC's employee monetary-awards program under Title VII and the Age Discrimination in Employment Act. After a prior remand, the arbitrator sustained the claims but deferred the question of remedies under the parties' agreement. The FDIC filed exceptions challenging the liability…

June 7, 2012 ·FLRA
Procedural
COMM

Stillhouse Mining, LLC

Review vacated after operator withdrew appeal

Stillhouse Mining had obtained Commission review of an administrative law judge matter. The company later moved to withdraw its contest and appeal, and the Secretary did not oppose the request. The Commission granted withdrawal and vacated its earlier order granting review.

June 6, 2012 ·FMSHRC
Procedural
COMM

R.V. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

R.V. (ECAB 12-0248): Workplace noise was not linked to hearing loss

R.V. worked at the Puget Sound Naval Shipyard and claimed that workplace noise caused his hearing loss. After an earlier remand, an OWCP referral physician reviewed his work history and audiograms and concluded that the workplace noise was not intense or prolonged enough to cause the condition…

June 6, 2012 ·ECAB
Affirmed
COMM

M.R. and U.S. Postal Service, Post Office, Islandia, NY

M.R. (ECAB 12-0216): Back and leg claim lacked a reasoned medical link to reaching incident

M.R., a postal letter carrier, reported back, left hip, and left leg problems after reaching for a package while seated in a truck. OWCP accepted that the incident occurred. The Board found that his physicians identified symptoms and spinal conditions but did not explain how the reaching movement…

June 6, 2012 ·ECAB
Affirmed
COMM

L.S. and Department of the Army, Installation Management Agency, West Point, NY

L.S. (ECAB 12-0139): Termination of wage loss compensation upheld

L.S., an Army food service worker, received compensation after a fall at work injured her ankle, wrist, and shoulder. Her treating surgeon and an OWCP referral physician disagreed about whether the injury still prevented her from working, so OWCP obtained an impartial medical examination. The Board…

June 6, 2012 ·ECAB
Affirmed
COMM

T.D. and Department of Veterans Affairs, Modesto Clinic, Modesto, CA

T.D. (ECAB 12-0103): Shoulder injury claim lacked medical proof of causation

T.D., a nurse at a Veterans Affairs clinic, reported a right shoulder injury after a coworker bumped her at work. In an earlier decision, the Board found the incident arose from workplace issues but held that medical evidence did not establish an injury from it. OWCP reconsidered the claim and…

June 6, 2012 ·ECAB
Affirmed
COMM

E.D. and U.S. Postal Service, Post Office, Washington, DC

E.D. (ECAB 12-0065): Late hearing and reconsideration requests denied

E.D., a postal carrier with an accepted back injury, sought review of an OWCP decision that denied compensation for several days in 2005. He requested a written record hearing in 2011, well beyond the 30 day period, and OWCP reasonably declined to grant a discretionary hearing. His later…

June 6, 2012 ·ECAB
Affirmed
COMM

C.M. and Federal Judiciary, Federal Public Defenders, Little Rock, AR

C.M. (ECAB 11-1988): Benefit termination reversed, reconsideration returned, surgery refusal upheld

C.M., a federal investigator, received compensation after a fall at work injured her knee and shoulder. The Board found that OWCP wrongly placed the burden of proof on her when it terminated benefits and relied on a physician's brief report that did not address her accepted shoulder condition or…

June 6, 2012 ·ECAB
Mixed result
COMM

P.D. and Bureau of Prisons, Terminal Island Correctional Institute, San Diego, CA

P.D. (ECAB 11-1804): Stroke claim returned for medical development

P.D., a correctional treatment specialist, had a stroke while at work and claimed that job stress contributed to it. Her treating psychiatrist described how workplace stress could raise blood pressure and heart rate and contribute to a stroke. The Board found the reports supported the claim enough…

June 6, 2012 ·ECAB
Remanded
COMM

E.R. and Federal Deposit Insurance Corporation, Arlington, VA

E.R. (ECAB 11-1718): Benefit termination upheld but earlier suspension reversed

E.R., an FDIC technician, received benefits for accepted foot, hand, and shoulder injuries after a fall at work. The Board found that an OWCP referral physician gave a reasoned opinion that the accepted conditions had resolved and that E.R. could return to full duty, while her treating physician's…

June 6, 2012 ·ECAB
Mixed result
COMM

M.L. and U.S. Postal Service, Post Office, Aurora, CO

M.L. (ECAB 11-1669): Wage loss claim returned after modified work was reduced

M.L., a postal carrier with accepted arm and wrist conditions, claimed wage loss after the Postal Service reduced hours in his modified assignment because suitable work was unavailable. OWCP denied compensation without applying its guidance for withdrawal of limited duty work. The Board found that…

June 6, 2012 ·ECAB
Remanded
COMM

L.G. and U.S. Postal Service, Processing & Distribution Center, Dallas, TX

L.G. (ECAB 11-1174): Disability denial upheld, back surgery question remanded

L.G., a postal worker with accepted lumbar conditions, sought compensation for disability beginning January 20, 2011 and approval for spinal fusion surgery. The Board found that his physician stated he was disabled but did not explain why he could not perform his modified work during the claimed…

June 6, 2012 ·ECAB
Mixed result
COMM

D.R. and Department of the Interior, National Park Service, Washington, DC

D.R. (ECAB 12-0385): Late hearing request properly denied

D.R., a National Park Service employee, reported a back injury after the police cruiser in which he was riding was struck from behind. OWCP denied the injury claim after receiving no medical evidence establishing a diagnosis. D.R. requested a hearing more than 30 days after that denial. The Board…

June 5, 2012 ·ECAB
Affirmed
COMM

S.N. and Department of the Army, Sierra Army Depot, Herlong, CA

S.N. (ECAB 12-0348): No additional right leg schedule award

S.N., an Army depot mechanic, had an accepted right knee injury and received schedule awards totaling 23 percent permanent impairment of his right leg. He sought a larger award after additional knee surgery. The Board found that the medical ratings under the current impairment guide supported no…

June 5, 2012 ·ECAB
Affirmed
COMM

L.L. and Department of the Treasury, Internal Revenue Service, Ogden Accounts Management, Ogden, UT

L.L. (ECAB 12-0194): Parking lot fall claim returned for premises evidence

L.L., an IRS contact representative, reported arm and wrist injuries after slipping in a parking lot shortly after her shift. The Board found that the timing of the fall was connected to her work, but the record did not show who owned or controlled the lot. OWCP had asked the employing agency for…

June 5, 2012 ·ECAB
Remanded
COMM

M.B. and U.S. Postal Service, Post Office, Columbia, SC

M.B. (ECAB 12-0183): Shoulder tear claim lacked a firm medical link to fall

M.B., a postal custodian, tripped over a mailbag and fell on his shoulder at work. OWCP accepted that the fall occurred but denied his claim for a resulting rotator cuff injury. The Board found that one physician described a work connection only as possible and also raised the possibility of a…

June 5, 2012 ·ECAB
Affirmed
COMM

G.W. and Department of Veterans Affairs, Veterans Health Administration, Montgomery, AL

G.W. (ECAB 11-2144): Emotional condition claim returned for work factor findings

G.W., a Veterans Affairs ultrasound technician, attributed an emotional condition to work demands and treatment at work. OWCP denied the claim without making findings on her alleged work factors, stating that she had not provided medical evidence linking a diagnosed emotional condition to her work…

June 5, 2012 ·ECAB
Remanded
COMM

M.M. and U.S. Postal Service, Post Office, Moss Point, MS

M.M. (ECAB 11-1967): Wage loss termination upheld despite continuing residuals

M.M., a postal letter carrier, received compensation for accepted urinary conditions. The Board found that a second opinion physician recognized continuing stress incontinence related to those conditions but concluded that she could perform her regular job for eight hours a day without…

June 5, 2012 ·ECAB
Affirmed
COMM

I.P. and U.S. Postal Service, Post Office, Philadelphia, PA

I.P. (ECAB 11-1868): Overpayment amounts upheld, waiver decision remanded

I.P., a postal worker receiving schedule award and disability payments, challenged OWCP's calculation and recovery of two overpayments. The Board upheld the amounts of $5,565.55 and $1,279.14 after reviewing the pay rates and benefit calculations. Although I.P. was without fault, OWCP denied a…

June 5, 2012 ·ECAB
Mixed result
COMM

G.D. and U.S. Marshals Service, Concord, NH

G.D. (ECAB 11-1688): Eight percent left leg impairment award upheld

G.D., a Chief Deputy U.S. Marshal, had an accepted spinal injury and sought a larger schedule award for resulting left leg impairment. His physician rated the leg at 36 percent, but the Board found that he had used a method OWCP had not adopted for spinal nerve related extremity ratings. An OWCP…

June 5, 2012 ·ECAB
Affirmed
COMM

R.M. and Department of the Air Force, 90th Missile Wing, Warren Air Force Base, WY

R.M. (ECAB 11-1213): Benefit termination reversed and earlier suspension partly corrected

R.M., an Air Force employee, had an accepted permanent aggravation of reactive airway disease from workplace exposure to perfumes and colognes. The Board found that OWCP's referral physician did not adequately address the accepted condition or prior medical history, so his opinion could not support…

June 5, 2012 ·ECAB
Mixed result
ALJ

Banner Blue Coal Company

Dust violations upheld but significant and substantial findings removed

MSHA cited dust-collection systems on two roof bolters after finding dust behind their filters. Judge George A. Koutras held that dust behind a filter showed the systems were not maintained in operating condition, and he rejected the company's claim that the inspector's method of checking behind…

June 4, 2012 ·George A. Koutras ·FMSHRC
Modified
COMM

J.A. and U.S. Postal Service, Post Office, Hollywood, FL

J.A. (ECAB 12-0557): Back injury benefits terminated after accepted strain resolved

J.A., a postal letter carrier, had an accepted lumbar strain after bending to deliver mail. OWCP later terminated her wage loss and medical benefits. The Board found that both the OWCP referral physician and J.A.'s treating physician said the accepted strain had resolved. Although her treating…

June 4, 2012 ·ECAB
Affirmed
COMM

D.N. and Department of the Army, Fort Hunter Liggett, Fort Hunter Liggett, CA

D.N. (ECAB 12-0357): Oral hearing request missed deadline

D.N., an Army recreation aide with an accepted shoulder and arm sprain, sought disability compensation for several weeks in 2008. OWCP denied that claim in April 2010. D.N. requested an oral hearing in March 2011, long after the 30 day deadline. The Board found that OWCP reasonably declined to…

June 4, 2012 ·ECAB
Affirmed
COMM

J.R. and U.S. Postal Service, Post Office, Greensboro, NC

J.R. (ECAB 12-0307): Reconsideration of arm award properly denied

J.R., a postal mail handler with an accepted elbow condition, received a schedule award for one percent left arm impairment. He asked OWCP to reconsider because he disagreed with the rating and wanted another physician to examine him. The Board found that his timely request identified no legal…

June 4, 2012 ·ECAB
Affirmed
COMM

M.L. and Department of the Treasury, Internal Revenue Service, Richmond, VA

M.L. (ECAB 12-0286): Public street fall during commute was outside work coverage

M.L., an IRS tax examiner, tripped on a rock while crossing a public street from a train station to work shortly before her shift. She argued that the employer had told her to use that route. The Board found no evidence that the employer owned or controlled the road, restricted it to employees, or…

June 4, 2012 ·ECAB
Affirmed
COMM

S.O. and U.S. Postal Service, Post Office, Brookfield, WI

S.O. (ECAB 12-0161): Board orders a new left arm impairment decision

S.O., a Postal Service letter carrier, sought a larger schedule award for his left arm after a shoulder injury. OWCP had awarded compensation for a 16 percent impairment and later denied reconsideration. The Board found that his treating surgeon did not explain a 20 percent rating under the…

June 4, 2012 ·ECAB
Remanded
COMM

J.C. and U.S. Postal Service, Post Office, Kearny, NJ

J.C. (ECAB 12-0151): New foot evidence requires a merits review

J.C., a Postal Service mail handler, claimed that his work caused stress fractures and other conditions in both feet. OWCP had denied the claim, then refused his request for reconsideration. The Board considered new reports from an orthopedic surgeon that addressed his mail handling duties and…

June 4, 2012 ·ECAB
Remanded
COMM

S.C. and U.S. Postal Service, Post Office, Detroit, MI

S.C. (ECAB 12-0014): Emotional condition claim denied for lack of supporting facts

S.C., a Postal Service mail handler, said she developed anxiety after problems returning to work. She alleged that a badge restriction kept her out of the building, that she was wrongly marked absent without leave, and that she was not paid for work performed. The Board found that personnel and…

June 4, 2012 ·ECAB
Affirmed
COMM

L.B. and U.S. Postal Service, Post Office, Grand Rapids, MI

L.B. (ECAB 11-2055): Medical reports did not link knee condition to mail work

L.B., a rural mail carrier, claimed that her right knee condition was related to standing and turning while sorting mail. OWCP accepted that she performed the job duties but denied the occupational disease claim. Her medical reports described knee pain, arthritis, and possible meniscus damage. The…

June 4, 2012 ·ECAB
Affirmed
ALJ

Corrpro Companies, Inc.

Hole fall-protection item affirmed and inspection item vacated

Corrpro employees installed a corrosion-protection system inside a water-treatment structure in Ohio. A first-time field worker stepped into an uncovered two-foot-square hole and fell about 12 feet, sustaining a spinal fracture that required surgery. The judge vacated the competent-person…

June 4, 2012 ·Sharon D. Calhoun ·OSHRC
Mixed result
COMM

B.A. and Department of State, Office of Personnel, Washington, DC

B.A. (ECAB 11-1928): Impartial examination supports ending back injury benefits

B.A., a State Department bindery worker, received benefits after a 1988 back injury aggravated a preexisting condition. OWCP terminated wage-loss and medical benefits effective November 22, 2009. The Board found that an impartial orthopedic surgeon resolved a conflict between other physicians and…

June 4, 2012 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Dowagiac, MI

K.B. (ECAB 11-0376): Carrier entitled to wage loss after limited duty ended

K.B., a Postal Service rural carrier, had an accepted right shoulder injury and could not perform her regular work. Her modified duty assignment ended on April 17, 2010. The Postal Service offered standby time but did not provide a written description of specific limited duty tasks and physical…

June 4, 2012 ·ECAB
Vacated
ALJ

Oak Grove Resources, LLC

Two serious roof-safety orders upheld and one examination order reduced

Oak Grove operated an underground bituminous coal mine where deteriorating roof and rib conditions affected an intake entry used to reach a ventilation pump. MSHA issued three section 104(d)(2) orders for inadequate roof support, failure to examine the entire intake weekly, and failure to post a…

June 1, 2012 ·Priscilla M. Rae ·FMSHRC
Mixed result
COMM

X.R. and Department of Veterans Affairs, Edward Hines Jr. Medical Center, Hines, IL

X.R. (ECAB 12-0373): Bare reconsideration request did not reopen recurrence claim

X.R., a VA medical center police officer, had an accepted injury from a vehicle accident and later claimed a recurrence. OWCP denied the recurrence claim in September 2010. Within a year, X.R. sent a reconsideration form with the request box checked but offered no argument or evidence. The Board…

June 1, 2012 ·ECAB
Affirmed
COMM

C.H. and Department of the Army, Corps of Engineers, Memphis, TN

C.H. (ECAB 12-0256): Wage earning capacity unchanged after knee claim

C.H., an Army Corps of Engineers vehicle operator, had accepted right knee injuries. OWCP determined that he could earn wages as a receptionist or information clerk. He sought to change that finding after submitting later orthopedic treatment notes. The Board found that the notes did not show an…

June 1, 2012 ·ECAB
Affirmed
COMM

G.D. and U.S. Postal Service, Post Office, Cincinnati, OH

G.D. (ECAB 12-0254): Specific bunion surgery properly denied

G.D., a Postal Service distribution supervisor, had accepted work-related aggravations of right foot conditions and sought bunion surgery. His podiatrist proposed an Austin-type metatarsal osteotomy. A second opinion orthopedic surgeon said that G.D. could benefit from foot surgery but that this…

June 1, 2012 ·ECAB
Affirmed
COMM

D.D. and U.S. Postal Service, Post Office, Tampa, FL

D.D. (ECAB 12-0241): Hand symptoms lacked a medical diagnosis

D.D., a Postal Service mail handler, claimed that unwrapping magazine bundles caused carpal tunnel syndrome in both hands. Coworkers confirmed that she reported hand pain during a shift. OWCP asked for medical and factual support, but no physician's report was submitted before its decision. The…

June 1, 2012 ·ECAB
Affirmed
COMM

R.F. and U.S. Postal Service, Post Office, Denver, CO

R.F. (ECAB 12-0143): Repeated evidence did not reopen back injury claim

R.F., a Postal Service employee, alleged that lifting a heavy parcel injured her back in 2006. OWCP had accepted that the lifting incident occurred but denied the claim for lack of medical evidence linking it to her back condition. On reconsideration, she repeated arguments and submitted statements…

June 1, 2012 ·ECAB
Affirmed
COMM

S.R. and Department of the Navy, Office of Naval Research, Arlington, VA

S.R. (ECAB 12-0126): Fall claim lacked a physician's causation opinion

S.R., a Navy program analyst, fell while walking down an incline at work and claimed a right knee injury. The Board accepted that the fall happened. Reports from a physician's assistant and physical therapists described knee symptoms, but they did not qualify as physician opinions under FECA. The…

June 1, 2012 ·ECAB
Affirmed
COMM

L.F. and Department of the Air Force, Wright-Patterson Air Force Base, OH

L.F. (ECAB 12-0091): Late reconsideration request showed no clear error

L.F., an Air Force criminal investigator, claimed that work at the Pentagon after the September 11 attacks aggravated his emotional condition. OWCP denied the claim in a 2007 merits decision. His 2011 request for reconsideration came more than one year later, so he needed to show clear evidence of…

June 1, 2012 ·ECAB
Affirmed
COMM

G.M. and Department of the Army, Aberdeen Proving Ground, Aberdeen, MD

G.M. (ECAB 11-2108): Leave buyback denied in part, treatment hours remanded

G.M., an Army chemist, sought to buy back leave used after an accepted back injury. The Board found that she did not establish work-related disability for the later period she claimed; a doctor's report linked worsening back symptoms to helping her husband load equipment after a weekend festival…

June 1, 2012 ·ECAB
Mixed result
COMM

M.H. and U.S. Postal Service, Post Office, Baton Rouge, LA

M.H. (ECAB 11-1879): Hernia claim and late hearing request denied

M.H., a Postal Service custodian, reported groin pain after lifting a pallet at work and claimed an inguinal hernia. The Board found that his medical reports did not adequately explain how the lifting incident caused the diagnosed condition. He requested an oral hearing more than 30 days after OWCP…

June 1, 2012 ·ECAB
Affirmed
COMM

G.G. and U.S. Postal Service, Post Office, San Francisco, CA

G.G. (ECAB 11-1081): Legal secretary position supports wage reduction

G.G., a Postal Service letter carrier with an accepted cervical condition, received total disability compensation. OWCP later reduced his benefits based on earnings he could make as a legal secretary. The Board found that the selected job fit the established injury restrictions, his paralegal…

June 1, 2012 ·ECAB
Affirmed
COMM

Rhino Eastern, LLC

Final penalty assessment reopened for proceedings on the merits

Rhino Eastern asked the Commission to reopen a penalty assessment that became final when MSHA had no record of receiving a contest within 30 days. Rhino said its safety director timely contested the assessment and pointed to a timely payment for the uncontested penalties. The Secretary did not…

May 30, 2012 ·FMSHRC
Remanded
COMM

Rogers Group, Inc.

Missed penalty contest reopened after new manager's mistake

Rogers Group failed to contest a proposed penalty assessment within 30 days, causing the assessment to become a final Commission order. The company said its new safety manager was still learning his responsibilities and mistakenly failed to file the contest. The Secretary did not oppose reopening…

May 30, 2012 ·FMSHRC
Remanded
COMM

Overton Sand & Gravel Company

Reopening denied after repeated internal communication failures

Overton Sand & Gravel sought reconsideration after the Commission had denied its first request to reopen a final penalty assessment without prejudice. The Commission had required a detailed renewed request within 30 days, but Overton's counsel said she did not receive that order and then waited…

May 30, 2012 ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Council of Prison Locals, Local 4052 (Union) and United States Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Guaynabo, Puerto Rico (Agency)

Guaynabo detention center and AFGE Local 4052 (FLRA 0-AR-4650): Remedy dispute remains with arbitrator

AFGE Local 4052 claimed that the Guaynabo detention center breached a settlement agreement requiring an extra officer in overcrowded housing units. After the Authority sent the case back for a remedy, the arbitrator declined a financial award and called for another hearing about current staffing…

May 30, 2012 ·FLRA
Procedural
COMM

W.L. and U.S. Postal Service, Post Office, Los Angeles, CA

W.L. (ECAB 12-0245): Headache claim lacked a medical causal explanation

W.L., a Postal Service mail carrier, reported headaches after a minivan hatch struck her forehead at work. The Board accepted that the incident occurred. A neurologist recorded her belief that later headaches were work related but did not explain medically how the incident caused them. Another…

May 25, 2012 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, Hialeah-Bright Station, Hialeah, FL

M.M. (ECAB 12-0236): Toe claim lacked a consistent account of the incident

M.M., a Postal Service city carrier, claimed a left toe injury at work. Her claim form called the cause unknown, while medical records described her foot catching on the ground as she stepped from a mail truck. OWCP asked her to explain what happened and reconcile those accounts, but she did not…

May 25, 2012 ·ECAB
Affirmed
COMM

J.L. and Department of Veterans Affairs, Regional Office, Seattle, WA

J.L. (ECAB 12-0224): Repeated chiropractic report did not reopen claim

J.L., a VA veterans service representative, claimed that desk work aggravated neck, arm, wrist, and hand conditions. OWCP denied the claim for insufficient medical support. She sought reconsideration with a later report from her chiropractor. The Board found that the report repeated an earlier…

May 25, 2012 ·ECAB
Affirmed
COMM

T.N. and Department of Defense, Defense Logistics Agency, Cumberland, PA

T.N. (ECAB 12-0214): Work incident established, knee injury unproven

T.N., a Defense Logistics Agency distribution worker, reported left knee pain while pulling orders and climbing onto a forklift. The employing establishment questioned the incident because he reported it 12 days later. OWCP found his account lacked enough detail to establish that it occurred. The…

May 25, 2012 ·ECAB
Modified
COMM

P.A. and U.S. Postal Service, Post Office, Copenhagen, NY

P.A. (ECAB 12-0198): Back pain after vehicle crash was not a diagnosis

P.A., a Postal Service rural route driver, reported back pain after a work vehicle accident. The Board accepted that the accident happened, but her physician recorded only back pain rather than a diagnosed condition. A lumbar x-ray was normal, and no other medical evidence supplied the missing…

May 25, 2012 ·ECAB
Affirmed
COMM

C.D. and Department of Homeland Security, Transportation Security Administration, Atlanta, GA

C.D. (ECAB 12-0105): Threefold payment increase created repayable overpayment

C.D., a TSA screener receiving compensation for a back injury, received payments more than three times their former size after OWCP used the wrong weekly pay rate. The Board found that this produced an $18,290 overpayment. Although OWCP made the calculation error, C.D. should have recognized the…

May 25, 2012 ·ECAB
Affirmed

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.