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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ALJ

Cam Mining, LLC

Hearing moved and continued after partial settlement

Cam Mining and the Secretary settled 44 of 46 citations carrying proposed penalties of $44,996. Two citations remained, one alleging float-coal-dust accumulations inside an electrical box and the other alleging an inadequate weekly electrical examination. Judge Jerold Feldman granted the…

April 25, 2012 ·Jerold Feldman ·FMSHRC
Procedural
COMM

C.E. and Department of Justice, Federal Bureau of Investigation, Indianapolis, IN

C.E. (ECAB 12-0631): Emotional condition claim returned for examination

C.E., an FBI employee, appealed OWCP's denial of his emotional condition claim after an earlier Board remand called for a second-opinion examination. OWCP treated two missed appointments as noncooperation. The Board found that a physician had sent him home from the first appointment over a conflict…

April 25, 2012 ·ECAB
Remanded
COMM

M.D. and U.S. Postal Service, Livernois Post Office, Detroit, MI

M.D. (ECAB 12-0079): Reconsideration of trauma claim refused

M.D., a postal letter carrier, sought to reopen a denied claim for post-traumatic stress disorder after a December 2009 robbery at work. The Board found that the police report repeated material already considered and that her physician's addendum restated his earlier conclusion without new medical…

April 25, 2012 ·ECAB
Affirmed
COMM

R.F. and Department of Justice, Federal Bureau of Investigation, Washington, DC

R.F. (ECAB 12-0077): Back disability claim remained closed

R.F., an FBI employee with an accepted 1986 low back strain, sought reconsideration of a denied recurrence claim beginning in May 2002. The Board found that his newer medical reports described pain and current conditions but did not address whether he had disability as of the claimed 2002 date…

April 25, 2012 ·ECAB
Affirmed
COMM

H.T. and Department of Defense, Defense Agencies Southwest Region, Fort Lee, VA

H.T. (ECAB 12-0040): Neck claim denied on a different ground

H.T., a Defense Department employee, said she turned her head suddenly at work in December 2010 and developed neck pain. OWCP denied the claim on the ground that the incident had not been established. The Board found the incident did occur and that medical reports diagnosed a neck condition. It…

April 25, 2012 ·ECAB
Modified
COMM

V.R. and U.S. Postal Service, Post Office, Cleveland, OH

V.R. (ECAB 12-0028): Left carpal tunnel claim denied

V.R., a postal review clerk, claimed that repetitive lifting, pushing, and pulling caused left carpal tunnel syndrome. OWCP accepted those duties but denied the claim for lack of medical causation. The Board found that her physicians diagnosed the condition without explaining how the work duties…

April 25, 2012 ·ECAB
Affirmed
COMM

A.P. and Department of the Treasury, Internal Revenue Service, Richmond, VA

A.P. (ECAB 11-2126): Lumbar benefits termination upheld

A.P., an IRS employee, challenged the termination of wage-loss and medical benefits for accepted lumbar conditions effective August 29, 2010. The Board gave special weight to an impartial specialist's finding that the accepted conditions had resolved without residual disability. It also found that…

April 25, 2012 ·ECAB
Affirmed
COMM

J.B. and Department of Agriculture, Natural Resources Conservation Services, Cordova, TN

J.B. (ECAB 11-2087): Overpayment and waiver denial upheld

J.B., a Department of Agriculture employee, received wage-loss compensation after returning to full-time work in April 2011. The Board affirmed OWCP's $2,827.92 overpayment calculation and denied waiver despite finding him without fault. His monthly income exceeded documented expenses by $919.57…

April 25, 2012 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, Chicago, IL

C.S. (ECAB 11-2017): No schedule award for accepted emotional condition

C.S., a postal distribution clerk, had accepted physical and emotional conditions arising from her work injury. She had received awards for impairment of both arms and sought a separate schedule award for an adjustment reaction with anxiety and depressed mood. The Board held that FECA permits…

April 25, 2012 ·ECAB
Affirmed
COMM

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

W.L. (ECAB 11-1864): Occupational disease claim denied for inconsistent history

W.L., a postal employee, claimed left hip and lower back conditions from work duties but gave inconsistent accounts of when and how they began. One account described a fall over a mailbag in 2006; the claim form placed awareness of the condition and its work connection in 2010. The Board found that…

April 25, 2012 ·ECAB
Affirmed
COMM

R.L. and Department of the Air Force, Air National Guard, New Jersey National Guard, Fort Dix, NJ

R.L. (ECAB 11-1661): Left leg award returned for medical rating

R.L., an Air National Guard employee, challenged OWCP's schedule award rating for left leg impairment. The Board found that OWCP's referral physician gave differing percentages without explaining how the clinical findings produced a rating under the applicable impairment guide. OWCP's medical…

April 25, 2012 ·ECAB
Remanded
COMM

E.P. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA

E.P. (ECAB 11-1626): Late recurrence reconsideration refused

E.P., an Air Force employee, asked OWCP in 2011 to reconsider a 1991 denial of a recurrence of disability claim. The Board found the request far outside the one-year period and found no new evidence showing clear error in the old decision. His continued disagreement and assertion that a mental…

April 25, 2012 ·ECAB
Affirmed
COMM

F.W., administrator of M.W.’s estate, and Department of the Air Force, Robins Air Force Base, GA

F.W. (ECAB 11-1430): Other lung conditions remained closed on reconsideration

F.W., administrator of M.W.'s estate, appealed OWCP's refusal to reopen the employee's claim for pulmonary conditions beyond accepted asthma. The employee had worked as an Air Force pipefitter and reported exposure to cadmium, chromium, and dust. The Board found that the reconsideration arguments…

April 25, 2012 ·ECAB
Affirmed
COMM

M.W. and Department of Commerce, U.S. Census Bureau, Ridgeland, SC

M.W. (ECAB 11-1306): May 3 to 24 continuation of pay denied

M.W., a Census Bureau employee, sought continuation of pay for May 3 through 24, 2010 after an accepted injury involving neck, back, and shoulder strains. The Board found that emergency room records documented treatment but gave no opinion on disability throughout the claimed period. A later…

April 25, 2012 ·ECAB
Affirmed
COMM

C.C. and Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, UT

C.C. (ECAB 11-1173): Mailed reconsideration request requires decision

C.C., an Air Force employee, sought reconsideration of a denied hearing-loss schedule award and tinnitus claim. OWCP denied a faxed request that arrived without the referenced evidence, and the Board affirmed that denial. A mailed copy with attachments was postmarked before the deadline but reached…

April 25, 2012 ·ECAB
Remanded
ALJ

Post Buckley Schuh & Jernigan, Inc.

Fatal heat-stress violation affirmed

An archaeological field technician became disoriented while digging test holes during his first day on a Texas pipeline survey project. Temperatures approached 99 degrees, he was sent alone toward an air-conditioned vehicle, and coworkers later found him unconscious with a core temperature of 107.8…

April 25, 2012 ·Patrick B. Augustine ·OSHRC
Citations affirmed
COMM

C.P. Buckner Steel Erection, Inc.

Annual-summary certification items vacated

Buckner's safety and risk manager certified the company's OSHA annual injury and illness summaries for three years. The judge found he was not a qualifying company executive and affirmed three other-than-serious items without penalties. The Commission agreed that he was not the highest-ranking…

April 25, 2012 ·OSHRC
Citations vacated
COMM

American Federation of Government Employees, Local 085 (Union) and United States Department of Veterans Affairs, Eastern Kansas Health Care System, Leavenworth, Kansas (Agency)

AFGE Local 085 and Eastern Kansas VA (FLRA 0-AR-4810): Arbitration exceptions denied

AFGE Local 085 challenged an arbitration award involving the Eastern Kansas VA Health Care System. The Authority first found the union's exceptions timely after confirming when the award had been served. It then concluded that the union had not shown that the arbitrator exceeded his authority…

April 25, 2012 ·FLRA
Upheld
COMM

K.J. and U.S. Postal Service, Rugby Station, Brooklyn, NY

K.J. (ECAB 12-0018): New medical opinion requires reopening

K.J., a postal employee, sought reconsideration after OWCP terminated benefits for accepted injuries. The Board found that a physician's new opinion linked her continuing back and hip problems to the accepted work injuries and addressed the reason benefits had been terminated. That opinion was…

April 24, 2012 ·ECAB
Remanded
COMM

J.C. and Department of Justice, Federal Bureau of Investigation, Washington, DC

J.C. (ECAB 11-1925): Training injury claim and reopening refusal upheld

J.C., an FBI agent, reported headache and neck symptoms after physical training at work in October 2010. The Board found that her physician did not adequately explain how that workout caused the diagnosed condition and that the other treatment records lacked competent causal opinions under FECA…

April 24, 2012 ·ECAB
Affirmed
COMM

C.G. and U.S. Postal Service, North Texas Performance & Distribution Center, Coppell, TX

C.G. (ECAB 11-1897): Knee claim lacked identified work factors

C.G., a postal employee, attributed right knee pain to her work but did not identify a particular duty or incident that caused or aggravated it. OWCP asked her to describe the claimed work factors and clarify the type of claim, but she did not respond before its decision. The Board also found no…

April 24, 2012 ·ECAB
Affirmed
COMM

R.H. and U.S. Postal Service, Post Office, Fort Worth, TX

R.H. (ECAB 11-1754): Additional arm awards and late review denial upheld

R.H., a postal employee, challenged additional five percent awards for each upper extremity due to accepted carpal tunnel syndrome. The Board found that OWCP properly combined a six percent carpal tunnel rating with awards already paid for bilateral elbow conditions, yielding five percent more for…

April 24, 2012 ·ECAB
Affirmed
COMM

G.M. and Department of Veterans Affairs, Jerry L. Pettis Memorial Hospital, Loma Linda, CA

G.M. (ECAB 11-1752): Suitable-work termination reversed for missing notice

G.M., a Veterans Affairs employee, lost monetary compensation after OWCP found that he refused a suitable modified job. OWCP obtained a new medical report supporting the job's suitability after sending its initial 30-day offer notice. The Board held that OWCP then had to give him a fresh 30 days to…

April 24, 2012 ·ECAB
Vacated
COMM

S.S. and U.S. Postal Service, Post Office, North Suburban, IL

S.S. (ECAB 11-1579): Additional conditions and late reopening denied

S.S., a postal employee with accepted rhino conjunctivitis and allergic edema from dust exposure, sought acceptance of asthma and other conditions. The Board found that her medical reports did not give a reasoned explanation connecting the additional diagnoses to work. Her separate request to…

April 24, 2012 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, Redstone Test Center, Redstone Arsenal, Alabama

AFGE Local 1858 and Redstone Test Center (FLRA 0-NG-3109): Hazard pay proposal must be negotiated

The Army's Redstone Test Center planned to stop paying a hazard pay differential for work it classified at risk assessment level 3. AFGE Local 1858 proposed keeping that pay unless the hazards were reduced enough to meet the regulatory conditions for ending it. The Army argued that the proposal…

April 24, 2012 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1770 (Union) and United States Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency)

AFGE Local 1770 and Womack Army Medical Center (FLRA 0-AR-4817): Arbitration exception denied

AFGE Local 1770 challenged an arbitration award involving Womack Army Medical Center. The union argued that the award did not draw its essence from the parties' collective bargaining agreement. The Authority found that the union had not established that defect under the standard for reviewing…

April 24, 2012 ·FLRA
Upheld
ALJ

Jim Walter Resources, Inc.

Citation amended and imminent-danger summary ruling denied

MSHA cited Jim Walter Resources after an inspector saw a miner enter a longwall conveyor pan and cable trough while the shearer advanced and the conveyor moved material. Judge Alan G. Paez allowed the Secretary to amend a separate roof citation from a specific support standard to the general…

April 23, 2012 ·Alan G. Paez ·FMSHRC
Procedural
COMM

J.J. and Department of Justice, Bureau of Prisons, Adelanto, CA

J.J. (ECAB 12-0016): Knee injury claim denied for lack of causal opinion

J.J., a Bureau of Prisons employee, twisted his right knee after stepping on bed foam at work. The Board accepted that the incident occurred and found that medical reports diagnosed a meniscus tear and bone injury. It nonetheless found that the physician did not adequately explain how the incident…

April 23, 2012 ·ECAB
Affirmed
COMM

S.H. and U.S. Postal Service, Triboro Performance Cluster, Brooklyn, NY

S.H. (ECAB 11-2118): Terminated benefits claim remained closed

S.H., a postal employee, sought reconsideration after OWCP terminated wage-loss and medical benefits for an accepted injury. The Board found that her newer physician reports did not address whether she had work-related residuals after the termination date. Physical therapy records also could not…

April 23, 2012 ·ECAB
Affirmed
COMM

S.V. and U.S. Postal Service, Bulk Mail Center, Denver, CO

S.V. (ECAB 11-2069): Accepted injury resolved; other conditions need review

S.V., a postal employee, challenged termination of medical benefits for accepted concussion and shoulder, hip, and back contusions. The Board found those accepted conditions had resolved by May 13, 2010 and affirmed that part of OWCP's decision. It found the second-opinion report insufficiently…

April 23, 2012 ·ECAB
Mixed result
COMM

W.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Portland, OR

W.W. (ECAB 11-2034): Desk movement knee claim denied

W.W., a Veterans Affairs employee, said he hurt his right knee while pushing back from his desk at work. OWCP and the Board accepted that the movement occurred. The Board found that the medical reports described arthritis and time off work but did not explain how that movement caused or aggravated…

April 23, 2012 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Post Office, Savannah, GA

M.C. (ECAB 11-2025): Suitable-work termination upheld after retirement

M.C., a postal employee, argued that a modified job offer had been withdrawn when his employer turned him away after disability retirement. The Board found that the job remained available, but his approved retirement status prevented his return and had not been rescinded. It held that the employer…

April 23, 2012 ·ECAB
Affirmed
COMM

T.F. and U.S. Postal Service, Post Office, Glouster, OH

T.F. (ECAB 11-2011): Wage-loss claim returned for a clearer referee opinion

T.F., a part-time postal letter carrier, stopped working and claimed wage-loss compensation for back conditions that OWCP had accepted. A referee physician answered whether her postal work aggravated a preexisting condition, even though OWCP had accepted the underlying degenerative disc disease as…

April 23, 2012 ·ECAB
Remanded
COMM

J.K. and U.S. Postal Service, Post Office, Massapequa, NY

J.K. (ECAB 11-1964): Total disability claim needs a clearer referee opinion

J.K., a postal letter carrier, returned to limited duty after OWCP accepted a work-related thoracic strain and muscle spasm. He later claimed a recurrence of total disability beginning January 16, 2009. His treating doctor and an OWCP physician disagreed about the extent of his disability, so OWCP…

April 23, 2012 ·ECAB
Remanded
COMM

M.S. and U.S. Postal Service, Detroit Performance Cluster, Detroit, MI

M.S. (ECAB 11-1961): Foot impairment claim returned for a complete examination

M.S., a postal mail carrier, sought a schedule award after OWCP accepted an aggravated right foot joint dislocation and surgery related to the condition. OWCP denied the award based partly on a referral examiner's finding of no impairment in her great toe. The Board found that the examiner had not…

April 23, 2012 ·ECAB
Remanded
COMM

M.J. and Department of the Army, Corps of Engineers, APO, AE

M.J. (ECAB 11-1858): Back condition claim denied for lack of medical causation

M.J., an Army Corps of Engineers construction representative, attributed worsening back problems to wearing body armor and other activities during an assignment in Iraq that lasted about a month. The Board accepted that he performed those activities and had diagnosed back conditions. An MRI scan…

April 23, 2012 ·ECAB
Affirmed
COMM

D.O. and Department of the Army, Corps of Engineers, Reservoir Regulation & Water Quality Section, Portland, OR

D.O. (ECAB 11-1607): Wage-capacity modification request sent back for review

D.O., an Army Corps of Engineers hydrological technician, had accepted neck and hand conditions and received reduced compensation based on her capacity to work as an information clerk. She asked OWCP to restore full benefits, citing medical evidence that her condition had worsened and that she…

April 23, 2012 ·ECAB
Remanded
COMM

American Federation of Government Employees, Council of Prison Locals, Council 33 (Union) and United States Department of Justice, Federal Bureau of Prisons (Agency)

AFGE Council 33 and Bureau of Prisons (FLRA 0-AR-4747): Bargaining remedy removed from stun munitions award

Prison lock and security specialists grieved the handling of stun munitions and sought hazard pay for work around them. An arbitrator found the hazard pay claim too late and the handling claim premature, but ordered the parties to negotiate after finding a failure to pursue informal resolution. The…

April 23, 2012 ·FLRA
Modified
ALJ

Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.

Temporary reinstatement ordered by summary decision

Welder Reuben Shemwell alleged that affiliated Armstrong companies fired him after he repeatedly complained about respirator protection from welding fumes. Judge Jerold Feldman found the discrimination complaint was not frivolously brought because protected activity was sufficiently alleged…

April 20, 2012 ·Jerold Feldman ·FMSHRC
Other
COMM

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

T.R. (ECAB 11-1734): Two percent right leg impairment award upheld

T.R., a postal distribution clerk, sought a larger schedule award after an accepted right knee injury and surgery. His treating surgeon rated 10 percent leg impairment using an older edition of the impairment guides, while an OWCP referral examiner rated two percent under the edition required for…

April 20, 2012 ·ECAB
Affirmed
COMM

United States Department of the Air Force, Air Force Materiel Command, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia (Respondent) and American Federation of Government Employees, Local 987 (Charging Party/Union)

Robins Air Force Base and AFGE Local 987 (FLRA AT-CA-08-0313): Informant inquiry complaint dismissed

A union president reported an employee's allegation that mail was being destroyed improperly at Robins Air Force Base, while withholding the employee's identity at the employee's request. Air Force investigators warned the president that refusing to answer fully could lead to discipline and asked…

April 20, 2012 ·FLRA
Upheld
COMM

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

D.G. (ECAB 12-770): Refusal to reopen terminated benefits claim affirmed

D.G., a postal letter carrier, had received compensation for accepted temporary aggravation of arthropathy affecting his ankles, feet, pelvis, and thighs before OWCP terminated benefits. In asking OWCP to reconsider the termination, he submitted a Social Security benefit letter and one page of a…

April 20, 2012 ·ECAB
Affirmed
COMM

E.M. and Department of the Army, U.S. Army Reserves, Fort McCoy, WI

E.M. (ECAB 12-7): Hearing loss award and hearing aid denials upheld

E.M., an Army Reserve equipment repairer, had accepted hearing loss from workplace noise exposure and sought a schedule award and hearing aids. His audiogram showed hearing loss, but the average thresholds in both ears were below the level the impairment guides treat as ratable for a schedule…

April 20, 2012 ·ECAB
Affirmed
COMM

J.F. and U.S. Postal Service, Post Office, Mobile, AL

J.F. (ECAB 11-2078): Cervical condition claim denial affirmed

J.F., a postal distribution clerk, claimed that repetitive work handling mail caused or aggravated a cervical disc condition. After an earlier claim denial, he submitted another report from his treating orthopedist. The Board found that the report described his work only briefly and said those…

April 20, 2012 ·ECAB
Affirmed
COMM

J.E. and U.S. Postal Service, Post Office, Seattle, WA

J.E. (ECAB 11-2075): Refusal to reopen shoulder claim affirmed

J.E., a postal mail handler, sought reconsideration after OWCP denied his claim that unloading containers caused shoulder pain. He submitted a report from a physician assistant but no new relevant opinion from a physician qualified under FECA. The Board held that the report could not establish…

April 20, 2012 ·ECAB
Affirmed
COMM

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

J.C. (ECAB 11-2073): Refusal to reopen compensation reduction affirmed

J.C., a postal rural carrier, challenged OWCP's refusal to reconsider its earlier reduction of his compensation to zero for failure to cooperate with vocational rehabilitation. The Board could review only the refusal to reopen because the earlier merits decision fell outside its appeal period. OWCP…

April 20, 2012 ·ECAB
Affirmed
COMM

A.C. and Department of the Navy, U.S. Marine Corps, Camp Pendleton, CA

A.C. (ECAB 11-2023): Shoulder injury claim denied for lack of medical evidence

A.C., a firefighter at Camp Pendleton, reported shoulder pain after trying to cut a gate's security chain during a medical aid call. OWCP accepted that the incident happened but denied his injury claim because he submitted no medical evidence establishing a diagnosed condition caused by it. The…

April 20, 2012 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Post Office, Fife, WA

M.D. (ECAB 11-1751): Forfeiture and overpayment affirmed in April release

M.D., a postal carrier receiving compensation for shoulder injuries, failed to disclose woodcutting activity on employment reporting forms. The Board found that he knowingly omitted reportable work, including compensation in the form of firewood. It upheld forfeiture from January 10, 2006 through…

April 20, 2012 ·ECAB
Affirmed
COMM

V.M. and U.S. Postal Service, Post Office, Detroit, MI

V.M. (ECAB 11-1278): Hip injury denial and refusal to reopen affirmed

V.M., a postal clerk, reported left hip pain after twisting while putting a cash till into a window station. The Board accepted that the work incident occurred, but found that her physicians had not explained how it caused or aggravated a hip injury. A physician's checked box and reports repeating…

April 20, 2012 ·ECAB
Affirmed
COMM

National Treasury Employees Union (Union) and National Credit Union Administration (Agency)

NTEU and National Credit Union Administration (FLRA 0-NG-3108): Field examiner travel proposal dismissed

National Credit Union Administration field examiners travel among credit unions and also work from home. NTEU proposed rules for paying their travel time that would let each examiner decide whether to do work at home before or after visiting another work site. The Authority found that this choice…

April 20, 2012 ·FLRA
Upheld
ALJ

Newtown Energy, Inc.

Running-belt guard repair draws $17,301 penalty

At Newtown Energy's underground coal mine, an experienced foreman and a trainee replaced a large guard panel beside a conveyor tail pulley while the belt continued running. An MSHA inspector stopped the work as an imminent danger, and the repair was completed safely after the belt was shut down…

April 19, 2012 ·L. Zane Gill ·FMSHRC
Mixed result
COMM

Richard P. Jasmine v. Can-Am Protection Group, Incorporated

Jasmine v. Can-Am Protection Group (BRB 11-0610): blended wage calculation affirmed

Richard Jasmine worked as a security dog handler in Afghanistan when an explosion caused serious leg injuries. The parties agreed he was temporarily totally disabled, but disputed the average weekly wage used to calculate his benefits. Jasmine argued that his higher overseas wages alone should set…

April 19, 2012 ·BRB
Affirmed
COMM

A.R. and Department of the Interior, National Park Service, Brooklyn, NY

A.R. (ECAB 12-1937): Left arm impairment rating remanded for proper measurements

A.R., a National Park Service employee, had received a schedule award for 19 percent impairment of his left arm. He sought an additional award. The Board found that the physician who rated his shoulder had not documented the repeated range of motion measurements required by the impairment guide…

April 19, 2012 ·ECAB
Remanded
COMM

T.C. and U.S. Postal Service, Fox Station, Los Angeles, CA

T.C. (ECAB 11-2143): Shoulder condition claim denied for lack of medical reasoning

T.C., a letter carrier, attributed right shoulder conditions to repeated overhead mail sorting, lifting, and carrying a satchel. Her physicians diagnosed shoulder conditions, but the Board found their reports did not explain how her duties caused or aggravated those conditions. One physician…

April 19, 2012 ·ECAB
Affirmed
COMM

E.A. and U.S. Postal Service, Post Office, Bellmawr, NJ

E.A. (ECAB 11-2038): Additional right arm schedule award denied

E.A., a postal worker with accepted shoulder and carpal tunnel conditions, sought an additional schedule award for her right arm. After an earlier Board remand, a second impartial examiner rated her right arm impairment at seven percent using the sixth edition of the impairment guides. That was…

April 19, 2012 ·ECAB
Affirmed
COMM

L.R. and Department of Health & Human Services, National Institute of Health, Bethesda, MD

L.R. (ECAB 11-2030): Abandonment of requested hearing affirmed

L.R., a federal mechanic, requested a telephone hearing after OWCP terminated benefits for his accepted knee injury. OWCP mailed instructions for the hearing, but he did not request a postponement, join the call, or explain his absence within ten days. The Board held that these facts met the…

April 19, 2012 ·ECAB
Affirmed
COMM

F.L. and Department of Justice, Federal Bureau of Prisons, Los Angeles, CA

F.L. (ECAB 11-1981): Refusal to reopen disability claim affirmed

F.L. sought reconsideration of a denial of compensation for disability beginning October 17, 2009. The Board corrected OWCP's statement that new evidence had to alter its earlier decision; the rule required relevant, pertinent evidence that OWCP had not already considered. F.L.'s later medical…

April 19, 2012 ·ECAB
Affirmed
COMM

B.C. and U.S. Postal Service, Injury Compensation Office, Newark, NJ

B.C. (ECAB 11-1945): Recurrence claim sent back for medical examination

B.C., a postal worker with accepted right carpal tunnel syndrome, sought compensation for a period when she said she could not work and asked OWCP to recognize right wrist tendinitis. OWCP denied the recurrence claim. The Board found that her medical reports lacked enough explanation to prove the…

April 19, 2012 ·ECAB
Remanded
COMM

A.E. and U.S. Postal Service, Post Office, Crescent City, CA

A.E. (ECAB 11-1923): Late reconsideration request denied

A.E., a postal clerk, asked OWCP to reconsider a 2007 decision reducing her compensation for failure to continue vocational rehabilitation. She made that request in 2011, after the one-year deadline. Her vocational consultant addressed whether she could work as a medical secretary, but the Board…

April 19, 2012 ·ECAB
Affirmed
COMM

C.V. and Department of Homeland Security, Customs & Border Patrol, Douglas, AZ

C.V. (ECAB 11-1842): Foot and ankle injury claim denied

C.V., a customs and border patrol officer, attributed left foot and ankle conditions to prolonged standing at work. OWCP accepted that she stood while working, but denied the injury claim. The Board found that some medical reports did not address causation and that another physician, although…

April 19, 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.