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.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

R.J. and U.S. Postal Service, Post Office, North Fort Myers, FL

R.J. (ECAB 12-0128): Schedule award denial affirmed

R.J., a postal carrier, sought a schedule award after OWCP accepted aggravation of lumbar radiculopathy from a work injury. His physician estimated a 37 percent lower-extremity impairment using a Florida rating schedule. The Board found that this rating did not use the federal impairment standard…

May 18, 2012 ·ECAB
Affirmed
COMM

P.G. and U.S. Postal Service, Network Distribution Center, Forest Park, IL

P.G. (ECAB 12-0115): Shoulder claim and late hearing request denied

P.G., a postal mail handler, attributed a left shoulder condition to years of lifting and sorting mail. The Board found that her medical reports did not explain how those duties caused the diagnosed conditions, so it upheld denial of the injury claim. She also requested an oral hearing more than 30…

May 18, 2012 ·ECAB
Affirmed
COMM

R.H. and U.S. Postal Service, Post Office, Detroit, MI

R.H. (ECAB 11-2082): Reconsideration refusal affirmed

R.H., a postal letter carrier with an accepted left wrist condition, sought wage-loss compensation after her work hours were reduced. OWCP denied the claim and later declined to reopen it. The Board found that a new physician's report did not address whether the accepted injury caused disability…

May 18, 2012 ·ECAB
Affirmed
COMM

G.W. and U.S. Postal Service, Post Office, Chicago, IL

G.W. (ECAB 11-1985): Shoulder claim denial affirmed with correction

G.W., a postal employee, claimed that a left rotator cuff tear followed an earlier right shoulder injury. The Board found that he had not identified any work activity that caused the left shoulder condition. His physician also did not connect the left tear to federal employment or to the earlier…

May 18, 2012 ·ECAB
Modified
COMM

J.W. and U.S. Postal Service, Scottsdale Hopi Station, Scottsdale, AZ

J.W. (ECAB 11-1655): Injury claim after seizure and crash denied

J.W., a postal supervisor, had a seizure at work and later drove away while waiting for her husband to pick her up. She was injured in a motor vehicle accident and argued that her employer's response to her illness brought the injuries within workers' compensation coverage. The Board found that…

May 18, 2012 ·ECAB
Affirmed
COMM

A.F. and U.S. Postal Service, Post Office, Philadelphia, PA

A.F. (ECAB 11-1355 and 11-1389): Late reconsideration requests denied

A.F., a former postal mail clerk, sought reconsideration of a 1989 denial of his claim for a back injury. OWCP found his two later requests untimely and found no clear evidence of error. The Board agreed because the new medical reports did not address the disputed factual question of whether the…

May 18, 2012 ·ECAB
Affirmed
COMM

A.O. and Department of the Army, CPAC-Army Armor Center, Fort Knox, KY

A.O. (ECAB 11-1360): Hearing-loss claim returned for impartial examination

A.O., a retired Army locomotive engineer, claimed that workplace noise caused his bilateral hearing loss. OWCP denied the claim after its examining physician found no causal connection. The Board found that a second physician gave an equally supported but opposing opinion. It set aside the denial…

May 18, 2012 ·ECAB
Remanded
COMM

Target Corporation

In re Target Corporation (EAB CAA 12-01C): Consent Agreement approved

The United States Environmental Protection Agency and Target Corporation consented to entry of a Final Order. The parties agreed to comply with a Consent Agreement signed by the parties and incorporated into the order. The Environmental Appeals Board approved the Consent Agreement and ordered…

May 17, 2012 ·EPA EAB
Settled
COMM

C.B. and Department of Veterans Affairs, Jesse Brown Medical Center, Chicago, IL

C.B. (ECAB 12-0227): Continuation of pay denied for late claim

C.B., a VA pipe fitter, fell at work in March 2010 and later filed an injury claim. OWCP accepted a contusion of the face, scalp, and neck but denied continuation of pay. The Board found that he filed the written claim more than a year after the injury, beyond the 30-day deadline for continuation…

May 17, 2012 ·ECAB
Affirmed
COMM

D.T. and U.S. Postal Service, Atlanta Performance Cluster, North Metro, GA

D.T. (ECAB 12-0167): Termination of shoulder benefits affirmed

D.T., a postal mail handler, received benefits for an accepted right shoulder strain from lifting mail sacks. OWCP ended the benefits after an impartial orthopedic specialist concluded that the strain had resolved and her other conditions were unrelated to that injury. The Board found his reports…

May 17, 2012 ·ECAB
Affirmed
COMM

P.B. and U.S. Postal Service, Ball Ground Post Office, Ball Ground, GA

P.B. (ECAB 12-0147): Recurrence claim denial affirmed

P.B., a rural postal carrier, returned to full duty after accepted left arm fractures from a work-related accident. She later claimed a recurrence of disability beginning in July 2011. The Board found that the submitted chiropractor records concerned an earlier period and did not address the…

May 17, 2012 ·ECAB
Affirmed
COMM

A.S. and Department of the Army, Monterey, CA

A.S. (ECAB 12-0144): Office-move injury claim denial affirmed

A.S., an Army assistant professor, attributed back, hip, and leg symptoms to lifting during an office move. OWCP accepted that the work incident occurred but denied the injury claim. The Board found that the medical reports either gave no causal explanation or described several possible causes…

May 17, 2012 ·ECAB
Affirmed
COMM

V.M. and U.S. Postal Service, Oklahoma Performance Cluster, Oklahoma City, OK

V.M. (ECAB 12-0142): Additional ankle award and reconsideration denied

V.M., a postal letter carrier, already had a schedule award for five percent permanent impairment of her left leg after an accepted ankle sprain. She sought a larger award, supported by a physician who estimated ten percent impairment. The Board found that the physician had not adequately explained…

May 17, 2012 ·ECAB
Affirmed
COMM

R.H. and Department of the Air Force, Kentucky National Guard, Louisville, KY

R.H. (ECAB 12-0102): Hearing-loss reconsideration returned to OWCP

R.H., a retired Air Force aircraft maintenance supervisor, sought compensation for hearing loss and tinnitus after years of workplace noise exposure. OWCP denied his claim and later refused an untimely reconsideration request. The Board found that OWCP had requested employment audiograms but had…

May 17, 2012 ·ECAB
Remanded
COMM

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

B.T. (ECAB 11-1543): Additional shoulder award denied

B.T., a postal video coding clerk, had an accepted left shoulder condition and received a schedule award for seven percent impairment of her left arm. She sought a larger award based on her physician's rating of 25 percent. The Board found that his rating used the part of the impairment guide for…

May 17, 2012 ·ECAB
Affirmed
COMM

M.E. and U.S. Postal Service, Post Office, Hartford, CT

M.E. (ECAB 11-1416): Withdrawn light-duty claim returned to OWCP

M.E., a postal distribution clerk with accepted neck and back strains, worked in a light-duty position until the Postal Service withdrew it. OWCP denied her claim for a recurrence of total disability after the position ended. The Board found that OWCP had not applied its guidance for withdrawn…

May 17, 2012 ·ECAB
Remanded
ALJ

David R. Arnold, employed by Big Laurel Mining Corporation

Delay did not require dismissal of individual penalty case

MSHA pursued an individual penalty against David R. Arnold after a fatal accident at Big Laurel Mining Corporation's mine. Arnold argued that the agency waited too long, but Judge William B. Moran found that the relevant period for a section 110(c) case begins with the conclusion of MSHA's…

May 16, 2012 ·William B. Moran ·FMSHRC
Procedural
ALJ

CCC Group, Inc.

Suspended-beam violations bring $183,618 total penalty

CCC Group was a construction contractor erecting steel beams at a limestone quarry when miners repeatedly worked beneath or within the swing area of suspended 600-pound beams. Judge Margaret A. Miller held that staying clear under 30 C.F.R. § 56.16009 requires miners to remain outside the load's…

May 16, 2012 ·Margaret A. Miller ·FMSHRC
Modified
ALJ

Secretary of Labor, on behalf of Sean Tadlock v. Big Ridge, Inc.

Miner temporarily reinstated while discrimination claim proceeds

Sean Tadlock alleged that Big Ridge reassigned and discharged him after he complained about unsafe practices and refused to work for a foreman he considered unsafe. Big Ridge presented evidence that he was fired under its attendance policy and challenged his account of making safety complaints…

May 16, 2012 ·Michael E. Zielinski ·FMSHRC
Procedural
COMM

United States Department of Justice, Federal Bureau of Prisons, U.S. Penitentiary, Marion, Illinois (Respondent) and American Federation of Government Employees, Local 2343 (Charging Party)

Marion penitentiary and AFGE Local 2343 (FLRA CH-CA-08-0601): Some investigation records ordered, others protected

AFGE Local 2343 sought investigation and home-duty records to pursue a grievance for a Marion penitentiary employee. The penitentiary refused the request, arguing that the union had not shown a specific need and that disclosure would violate privacy rights. The Authority held that the union had…

May 16, 2012 ·FLRA
Mixed result
COMM

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

D.W. (ECAB 12-0173): Requested physician change denied

D.W., a postal equipment operator with an accepted lumbar strain, asked OWCP to authorize treatment by a different physician. She gave no reason for the requested change. The Board found that OWCP did not abuse its discretion by denying a request that lacked any explanation or supporting evidence…

May 16, 2012 ·ECAB
Affirmed
COMM

G.H. and Department of the Navy, Barrow Hall, Parris Island, SC

G.H. (ECAB 12-0152): Missed hearing request treated as abandoned

G.H. sought a telephone hearing after OWCP denied compensation for several periods of claimed wage loss. OWCP mailed notice of the scheduled hearing, but she did not join the call or explain her absence within ten days. She later said she had not received the notice. The Board applied the…

May 16, 2012 ·ECAB
Affirmed
COMM

P.G. and U.S. Postal Service, Post Office, Dodge City, KS

P.G. (ECAB 12-0099): Thirteen-percent leg award affirmed

P.G., a former postal distribution clerk, sought a larger schedule award after an accepted lumbar disc injury caused right leg impairment. OWCP had awarded compensation for 13 percent impairment of the leg. The Board found that the medical evidence supported that rating under the applicable…

May 16, 2012 ·ECAB
Affirmed
COMM

M.J. and U.S. Postal Service, Post Office, Dallas, TX

M.J. (ECAB 12-0059): Twelve-percent wrist award affirmed

M.J., a postal mail carrier, had accepted right wrist and hand conditions and later underwent wrist surgery. OWCP awarded compensation for 12 percent permanent impairment of his right arm. The Board found that his surgeon used the applicable impairment guide and that an OWCP medical adviser agreed…

May 16, 2012 ·ECAB
Affirmed
COMM

E.L. and U.S. Postal Service, Post Office, Richmond, CA

E.L. (ECAB 12-0049): Hip-claim reconsideration refusal affirmed

E.L., a postal mail handler, sought reconsideration after OWCP denied his claim that work caused a bilateral hip condition. He submitted follow-up medical reports, records about other injuries, and a statement disputing his physician's description of his work. The Board found that the new reports…

May 16, 2012 ·ECAB
Affirmed
COMM

T.R. and U.S. Postal Service, Post Office, Columbia, SC

T.R. (ECAB 12-0012): Shoulder injury claim denied

T.R., a postal maintenance technician, said he injured his right shoulder while moving equipment at work. The Board found conflicting accounts of how the alleged incident occurred and noted evidence of shoulder problems before the claimed date. It held that he had not established a specific…

May 16, 2012 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, West Palm Beach, FL

J.W. (ECAB 11-1929): Termination of back benefits reversed

J.W., a postal automation clerk, received compensation after lifting mail trays aggravated a lower-back condition. OWCP found that the work-related aggravation had resolved and stopped wage-loss benefits. The Board held that OWCP retained the burden to prove the accepted condition had ended. Her…

May 16, 2012 ·ECAB
Vacated
COMM

T.H. and U.S. Postal Service, Post Office, New York City, NY

T.H. (ECAB 11-1685): Neck and back benefit termination affirmed

T.H., a postal carrier, received benefits for accepted neck strain and back spasm. OWCP ended the benefits after its examining physician concluded that those conditions had resolved. The Board found the examination report sufficiently supported to justify the termination. It also found that later…

May 16, 2012 ·ECAB
Affirmed
COMM

E.H. and Department of Agriculture, Medicine Wheel Ranger District, Lovell, WY

E.H. (ECAB 11-1427): Recurrence denials and rescission affirmed

E.H., a seasonal Agriculture Department employee, had accepted shoulder and neck injuries from a workplace fall. She sought wage-loss compensation after a term appointment ended and for a later period when OWCP had initially accepted a recurrence. The Board found that the appointment's expiration…

May 16, 2012 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 2382 (Union) and United States Department of Veterans Affairs, VA Healthcare System, Phoenix, Arizona (Agency)

Phoenix VA Healthcare System and AFGE Local 2382 (FLRA 0-AR-4798): Temporary promotions and backpay denied

Phoenix VA file clerks paid at GS-3 learned scanning duties associated with GS-4 jobs during the agency's shift to electronic records. AFGE Local 2382 argued that the clerks were doing higher-graded work and sought temporary promotions and backpay. An arbitrator found insufficient evidence that…

May 16, 2012 ·FLRA
Upheld
COMM

Matter of SKIRBALL CULTURAL CENTER

Hybrid music can be culturally unique

The Administrative Appeals Office reviewed a petition for P-3 classification for Argentine musicians whose performances blended klezmer with Latin American influences. It held that the regulatory term "culturally unique" is not limited to traditional art forms and may include a hybrid or fusion…

May 15, 2012 ·BIA
Vacated
COMM

S.M. and U.S. Postal Service, Post Office, Springfield, IL

S.M. (ECAB 12-0235): Hearing-loss reconsideration refusal affirmed

S.M., a former postal clerk, claimed that workplace machine noise caused bilateral hearing loss. After OWCP denied the claim, she sought reconsideration with additional audiograms. The Board found that those tests were not certified by a physician and could not supply the medical evidence needed to…

May 15, 2012 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, Coppell, TX

J.H. (ECAB 12-0153): Foot schedule award denied for lack of rating

J.H., a postal letter carrier, had an accepted right foot fracture and sought a schedule award for permanent impairment. OWCP asked his treating physician for an impairment report under the applicable guide, but none was submitted. At the hearing, his representative requested 30 days to obtain an…

May 15, 2012 ·ECAB
Affirmed
COMM

C.E. and U.S. Postal Service, Processing and Distribution Center, Syracuse, NY

C.E. (ECAB 12-0138): Knee recurrence claim denied

C.E., a postal mail handler, had an accepted left knee sprain after bending to lift a sack of mail. He later claimed a recurrence of disability and underwent surgery for a torn meniscus. The Board found that his physician had not clearly explained whether the work incident caused or aggravated the…

May 15, 2012 ·ECAB
Affirmed
COMM

E.B. and Department of Homeland Security, Customs and Border Protection, Chula Vista, CA

E.B. (ECAB 12-0084): Timely reconsideration request returned to OWCP

E.B., a customs officer, sought reconsideration of a denied claim arising from symptoms during a work training exercise. OWCP treated his request as late and required clear evidence of error. The Board found that its own July 22, 2011 merits decision restarted the one-year reconsideration period…

May 15, 2012 ·ECAB
Remanded
COMM

P.S. and Department of Homeland Security, Transportation Security Administration, Miami, FL

P.S. (ECAB 12-0071): Knee-claim reconsideration refusal affirmed

P.S., a transportation security screener, claimed a left knee injury while lifting a bag at work. After OWCP denied the claim, he sought reconsideration with another report from his treating surgeon. The Board found that the report repeated the surgeon's earlier causal opinion and supplied no…

May 15, 2012 ·ECAB
Affirmed
COMM

P.G. and Department of Defense, Defense Intelligence Agency, Washington, DC

P.G. (ECAB 12-0030): Schedule award claim returned for medical review

P.G., a Defense Intelligence Agency program manager, sought a schedule award after an accepted spinal cord injury and radiculopathy from a work-related vehicle accident. OWCP's examining physician and medical adviser found no ratable arm impairment. The Board found that neither applied the specific…

May 15, 2012 ·ECAB
Remanded
COMM

R.P. and Tennessee Valley Authority, Johnson Fossil Plant, New Johnsonville, TN

R.P. (ECAB 11-2138): Hearing award denied, hearing-aid issue remanded

R.P., a Tennessee Valley Authority mechanical technician, had accepted work-related hearing loss. The Board found that the certified audiogram did not show impairment high enough for a schedule award, so it upheld that denial. The examining physician recommended hearing aids, but OWCP's medical…

May 15, 2012 ·ECAB
Mixed result
COMM

E.V. and Department of Justice, Metropolitan Detention Center, Los Angeles, CA

E.V. (ECAB 11-2117): Additional knee award denied

E.V., a correctional officer, had received a schedule award for five percent impairment of his left leg after an accepted knee injury. He sought an additional award following knee surgery. The Board found that the current impairment rating was no greater than the five percent already compensated…

May 15, 2012 ·ECAB
Affirmed
COMM

C.W. and U.S. Postal Service, Post Office, Birmingham, AL

C.W. (ECAB 11-2070): Late reconsideration of emotional-injury claim denied

C.W., a postal sales associate, claimed an emotional condition after an armed robbery at work. OWCP accepted that the incident occurred but denied the claim for lack of medical evidence linking a diagnosed condition to it. Her reconsideration request came more than a year later. The Board found…

May 15, 2012 ·ECAB
Affirmed
COMM

N.R. and Department of Labor, Bureau of Labor Statistics, Washington, DC

N.R. (ECAB 11-1697): Additional conditions after work-related car accident not established

N.R., a Bureau of Labor Statistics economic assistant, was injured in a car accident while driving for work in 2007. OWCP accepted a cervical strain but declined to add claimed shoulder, knee, spine, and consequential foot conditions. The Board found that her physicians connected those conditions…

May 15, 2012 ·ECAB
Affirmed
ALJ

Consolidation Coal Company

Missing roof bolt remains S&S but penalty falls to $18,000

Consolidation Coal conceded that a missing roof bolt left spacing beyond the maximum allowed by the Emery Mine's approved roof-control plan. Judge Richard W. Manning found the violation S&S because two nearby roof cutters, a recent roof fall, the mine's roof-fall history, and continued traffic made…

May 14, 2012 ·Richard W. Manning ·FMSHRC
Modified
COMM

Matter of Alfredo DIAZ-GARCIA

Unlawful removal does not end Board jurisdiction

The Board considered an appeal after the Department of Homeland Security unlawfully removed the respondent from the United States while his direct appeal was pending. It held that an unlawful removal in violation of the applicable regulation does not deprive the Board of jurisdiction, because an…

May 14, 2012 ·BIA
Affirmed
COMM

W.B. and Department of the Navy, Philadelphia, PA

W.B. (ECAB 11-2122): Knee evidence does not warrant changing wage-earning capacity

W.B. injured his left knee after slipping on ice while working for the Navy. OWCP reduced his wage-loss compensation in 1997 based on the earning capacity of a hospital admitting clerk, and the Board upheld that determination in 2000. W.B. later sought modification, citing worsening knee problems…

May 14, 2012 ·ECAB
Affirmed
COMM

K.C. and U.S. Postal Service, Townsend Postal Center, Townsend, CA

K.C. (ECAB 11-2093): Unexplained workplace fall established, but injury claim still denied

K.C., a postal customer service supervisor, was found on the floor crying and unable to recall what had happened after speaking with a customer. OWCP denied her injury claim because it found no established workplace event or resulting condition. The Board accepted that she sustained an unexplained…

May 14, 2012 ·ECAB
Modified
COMM

E.F. and U.S. Postal Service, Post Office, Canton, OH

E.F. (ECAB 11-2056): Part-time postal job could not support wage capacity finding

E.F., a postal window clerk, had an accepted right shoulder condition and later worked four hours a day in a modified job. OWCP used that part-time job to set his wage-earning capacity, then refused additional compensation after the Postal Service withdrew the position. The Board found the original…

May 14, 2012 ·ECAB
Vacated
COMM

R.W. and U.S. Postal Service, Midtown Station, Atlanta, GA

R.W. (ECAB 11-2029): Work restriction note did not reopen hand and neck claim

R.W., a postal clerk, claimed right hand spasms and neck pain after preparing certified mail. OWCP denied the claim because the medical evidence did not establish that her work caused the conditions. She sought reconsideration and supplied a physician's note limiting repetitive movement and lifting…

May 14, 2012 ·ECAB
Affirmed
COMM

L.J. and Department of the Treasury, Internal Revenue Service, El Segundo, CA

L.J. (ECAB 11-2027): Attorney's medical summary did not reopen occupational claim

L.J., an IRS revenue officer, claimed a cervical condition related to typing and carrying a briefcase. The Board had previously upheld OWCP's denial because her physician's causation opinion lacked sufficient explanation and a complete factual basis. She then sought reconsideration with a medical…

May 14, 2012 ·ECAB
Affirmed
COMM

D.S. and U.S. Postal Service, Post Office, Taylor, MI

D.S. (ECAB 11-1987): Retirement and EEO records did not reopen emotional-condition claim

D.S., a postal distribution clerk, claimed anxiety and depression caused by harassment and discrimination related to her physical restrictions. OWCP denied the claim because she had not established a compensable work factor. In seeking reconsideration, she supplied retirement records, an EEO…

May 14, 2012 ·ECAB
Affirmed
COMM

E.B. and U.S. Postal Service, Post Office, Kearny, NJ

E.B. (ECAB 11-1576): Recurrence of total disability after limited-duty dispute unproven

E.B., a postal employee with accepted bilateral carpal tunnel syndrome, returned to limited-duty work after surgery. The Postal Service sent her home after her physician said she could not work on a flat sorting machine, the central task of her assignment. She sought compensation for a recurrence…

May 14, 2012 ·ECAB
Affirmed
COMM

I.B. and Department of Veterans Affairs, Veterans Administration Wadsworth Medical Center, Los Angeles, CA

I.B. (ECAB 11-1461): Refusal of suitable receptionist job upheld

I.B., a former Veterans Affairs nursing assistant, received compensation for accepted right foot and lower-limb conditions. The employer offered him a sedentary receptionist position in Los Angeles in March 2010. After he declined it in April, the employer reported in June that no suitable position…

May 14, 2012 ·ECAB
Affirmed
COMM

J.Q. and Government Services Administration, Washington, DC

J.Q. (ECAB 11-1127): Termination upheld after accepted back strains resolved

J.Q., a temporary federal carpenter, received compensation for accepted back strains from work injuries in 1978 and 1979. OWCP later terminated his benefits after a second-opinion orthopedic surgeon found that the strains had resolved and no longer caused disability or required treatment. The Board…

May 14, 2012 ·ECAB
Affirmed
ALJ

Cargill Meat Solutions Corporation

Work-boot payment citation vacated

Cargill required meat-processing employees exposed to wet, slippery floors to wear ankle-covering work boots with water-resistant uppers and slip-resistant soles. OSHA cited Cargill for requiring employees to pay for those boots. The judge found that the boots were exempt “normal work boots”…

May 14, 2012 ·James R. Rucker, Jr. ·OSHRC
Citations vacated
ALJ

Kilby & Gannon Construction Services, LLC

Willful trenching violations affirmed

Kilby & Gannon employees installed drainage pipe in a type-C-soil trench at a parking-garage project. Two workers entered the trench even though it was more than five feet deep, lacked a trench box or adequate sloping, and had no safe egress point within 25 feet. The foreman knew the excavation…

May 14, 2012 ·Dennis L. Phillips ·OSHRC
Citations affirmed
COMM

Nova Group/Tutor-Saliba, A Joint Venture

Concrete-piling stacking violation affirmed

Nova stacked 55,000-pound concrete pilings in a temporary storage area on uneven pavement using inadequate and inconsistent dunnage. Two pilings rolled and pinned an employee, causing serious injuries that included a partial leg amputation. The Commission rejected Nova's claims that the judge's…

May 14, 2012 ·OSHRC
Citations affirmed
COMM

Caterpillar Logistics Services, Inc.

Recordkeeping case remanded after appellate vacatur

An administrative law judge had affirmed a recordkeeping violation against Caterpillar Logistics Services. The Seventh Circuit reviewed the case and vacated the judge's decision. After receiving the court's mandate, the Commission remanded the case to the judge for further proceedings consistent…

May 14, 2012 ·OSHRC
Remanded
ALJ

Bledsoe Coal Corporation

Pattern notice upheld while disputed S&S cases move to hearing

Bledsoe Coal challenged MSHA's pattern-of-violations notice for the Abner Branch Rider Mine. Judge William B. Moran found that MSHA followed the screening and notice procedures in 30 C.F.R. Part 104 and relied on nine final S&S violations of the same accumulations standard during the review period…

May 11, 2012 ·William B. Moran ·FMSHRC
Procedural
ALJ

Bledsoe Coal Corporation

Pattern notice upheld subject to hearings on disputed citations

Bledsoe Coal challenged MSHA's pattern-of-violations notice for the Abner Branch Rider Mine. Judge William B. Moran found that MSHA followed the procedures in 30 C.F.R. Part 104 and relied on nine final S&S violations of the section 75.400 accumulations standard during the review period. He granted…

May 11, 2012 ·William B. Moran ·FMSHRC
Procedural
COMM

M.P. and Department of Homeland Security, East Boston, MA

M.P. (ECAB 12-0178): Back injury from baggage search not medically established

M.P., a transportation security officer, reported low back pain while searching bags at work. OWCP accepted that the work event occurred but denied the claim for lack of medical proof of an injury caused by it. The Board found that the chiropractor's reports did not identify a spinal subluxation…

May 11, 2012 ·ECAB
Affirmed
COMM

R.C. and Department of Justice, Bureau of Prisons, Springfield, MO

R.C. (ECAB 12-0135): Compensation suspension upheld for incomplete earnings form

R.C., a former Bureau of Prisons physician, received compensation for an accepted work-related condition. OWCP requested a six-page earnings and work activity form covering the preceding 15 months. He returned only pages two through five, leaving out the first page and the signature page. The Board…

May 11, 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.