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

M.R. and U.S. Postal Service, Philadelphia Processing & Delivery Center, Swedesboro, NJ

M.R. (ECAB 10-2069): Back injury benefits termination upheld

M.R. had an accepted lumbar strain and received medical and wage-loss benefits. OWCP ended the benefits after a second opinion found that the work injury had resolved and that remaining restrictions came from degenerative changes. Later, an impartial examiner also found no ongoing effects of the…

March 8, 2012 ·ECAB
Affirmed
ALJ

Secretary of Labor v. Performance Coal Company and former Massey mines

Contests withdrawn and $19.86 million ordered paid

The order addresses 48 Upper Big Branch penalty dockets and more than one thousand dockets involving other former Massey mines. The April 5, 2010 Upper Big Branch explosion killed 29 miners, and Performance Coal accepted the related contributory citations and their penalties outside the Commission…

March 7, 2012 ·Margaret A. Miller and Robert J. Lesnick ·FMSHRC
Settled
ALJ

Oak Grove Resources, LLC

Missed weekly return-air examination draws $70,000 penalty

Oak Grove allowed 83 miners underground even though high water prevented certified examiners from traveling an entire return air course and completing required weekly ventilation checks. Judge William B. Moran rejected the company's duplication defense because an earlier citation arose two weeks…

March 7, 2012 ·William B. Moran ·FMSHRC
Citations affirmed
COMM

Bill Simola, employed by United Taconite, LLC

LLC agents may face personal Mine Act penalties

MSHA sought to hold United Taconite coordinator Bill Simola personally liable under section 110(c) for alleged access and machine-guarding violations. Simola argued that the provision applies only to agents of corporations, not agents of limited liability companies. The Commission held that the…

March 7, 2012 ·FMSHRC
Citations affirmed
COMM

L.S. and U.S. Postal Service, Rio Grande Performance Cluster, San Antonio, TX

L.S. (ECAB 11-1873): Overpayment and fault findings upheld

L.S. received a $4,274.61 payment for 16 hours away from work for OWCP-directed examinations. The Board found that she was entitled to $472.79 for those hours, leaving a $3,801.82 overpayment. It also found that the large difference meant she knew or should have known the payment was wrong. It…

March 7, 2012 ·ECAB
Affirmed
COMM

E.C. and Department of Homeland Security, Transportation Security Administration, Orlando National Airport, Orlando, FL

E.C. (ECAB 11-1761): Reconsideration of disability claim denied

E.C. had accepted right wrist conditions after pulling a bag from a conveyor belt. OWCP later denied compensation for a period of total disability and refused to expand the accepted conditions. Her reconsideration request disputed OWCP's account of the evidence but did not show legal error, make a…

March 7, 2012 ·ECAB
Affirmed
COMM

E.W. and U.S. Postal Service, Post Office, Clarksville, MD

E.W. (ECAB 11-1636): Right arm impairment award remanded for recalculation

E.W. had accepted right carpal tunnel syndrome and an earlier award for 16 percent right arm impairment. On renewed review, OWCP's medical adviser rated a moderate sensory deficit at four percent under a table in the A.M.A. Guides. The Board found that the table provided a 17 percent default for an…

March 7, 2012 ·ECAB
Remanded
COMM

C.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Perry Point, MD

C.H. (ECAB 11-1624): Examination no-show suspension remanded for response review

OWCP suspended C.H.'s compensation after she missed a scheduled medical examination. It stated that she had not explained the absence, but she had sent a response that OWCP received before its decision. The Board found that OWCP had failed to consider that timely response. It set aside the…

March 7, 2012 ·ECAB
Remanded
COMM

R.B. and U.S. Postal Service, Post Office, Oakland, CA

R.B. (ECAB 11-1471): Forfeiture and $47,599 overpayment upheld

R.B. received compensation while also working for two employers but reported only one job on an EN1032 form. The Board found that she knowingly omitted the second employment, forfeiting compensation for the covered reporting period. It upheld a $47,599.39 overpayment and found her at fault, so…

March 7, 2012 ·ECAB
Affirmed
COMM

J.R. and Department of Health & Human Services, Social Security Administration, New York, NY

J.R. (ECAB 11-1398): Union meeting trip injury claim denied

J.R., a Social Security Administration employee, was injured while traveling after a union meeting and while on annual leave. He argued that union representation made the trip part of his federal work and that he should have received official time. The Board found that the evidence did not…

March 7, 2012 ·ECAB
Affirmed
COMM

M.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Albuquerque, NM

M.O. (ECAB 11-1347): Hip injury claim and reconsideration denial upheld

M.O., a VA employee, reported a hip injury after transferring patients. The Board accepted that the work activity occurred but found no reasoned physician opinion linking it to a hip condition. A physician assistant's report could not establish medical causation under FECA. Her reconsideration…

March 7, 2012 ·ECAB
Affirmed
COMM

K.G. and U.S. Postal Service, Post Office, Dallas, TX

K.G. (ECAB 11-1009): Neck injury denial upheld with diagnosis finding corrected

K.G., a Postal Service mail handler, reported neck and right arm symptoms after pushing containers at work. OWCP accepted the incident but said the record lacked a diagnosed condition. The Board found that her physician did diagnose cervical radiculitis and a disc condition. It nevertheless found…

March 7, 2012 ·ECAB
Modified
COMM

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

A.M. (ECAB 11-0154): $8,294 overpayment and fault finding upheld

A.M., a Postal Service employee, returned to work but kept three wage-loss compensation checks covering periods when he also received pay. The Board calculated the overpayment at $8,294.64. It found that the check dates showed the periods covered and that A.M. knew or should have known the payments…

March 7, 2012 ·ECAB
Affirmed
COMM

C.H. and U.S. Postal Service, Post Office, Philadelphia, PA

C.H. (ECAB 11-1843): Spine claim denied for missing exposure and medical proof

C.H., a Postal Service carrier on limited duty, claimed that her work caused spinal osteophytes. She described casing mail and lifting bundles but did not give enough detail about how often or how long she performed the tasks. She also did not answer OWCP's request for more facts. She submitted no…

March 6, 2012 ·ECAB
Affirmed
COMM

L.F. and U.S. Postal Service, Logistics & Distribution Center, Warrendale, PA

L.F. (ECAB 11-1784): Knee injury benefits termination upheld

L.F. had an accepted right leg contusion and torn knee meniscus and returned to modified work. OWCP later ended compensation and medical treatment after a second opinion physician found no remaining effects of the accepted injuries. The Board found the opinion well supported and held that L.F. did…

March 6, 2012 ·ECAB
Affirmed
COMM

C.D. and U.S. Postal Service, Post Office, Atlanta, GA

C.D. (ECAB 11-1779): Therapy and back-pain wage-loss claims denied

C.D., a Postal Service employee, sought wage-loss compensation for time spent attending physical and massage therapy and for days missed because of back pain after returning to work with an accepted back condition. The Board found that the medical evidence did not establish that the therapy was…

March 6, 2012 ·ECAB
Affirmed
COMM

R.S. and Department of the Army, Corps of Engineers, Lock & Dam #13, Fulton, IL

R.S. (ECAB 11-1742): One percent impairment awards for each leg upheld

R.S., a Corps of Engineers employee, had an accepted spinal disc condition and received awards for one percent impairment of each leg. He sought greater awards. The Board reviewed the medical ratings and found that the evidence did not establish higher permanent impairment of either leg. It…

March 6, 2012 ·ECAB
Affirmed
COMM

M.I. and Department of Health & Human Services, Social Security Administration, Port Huron, MI

M.I. (ECAB 11-1649): Benefits termination after sprains upheld

M.I., a Social Security Administration employee, had accepted knee, back and finger sprains. OWCP ended her compensation after an impartial orthopedic examiner found no remaining injury-related disability. The Board gave that opinion controlling weight. It also found that later reports did not…

March 6, 2012 ·ECAB
Affirmed
COMM

F.B. and U.S. Postal Service, Post Office, DeSoto, MO

F.B. (ECAB 11-1603): Cashier wage capacity modification denied

F.B., a Postal Service employee, sought to change an earlier determination that cashier work represented her wage-earning capacity. She claimed that her accepted injuries had worsened and that the original decision was wrong. The Board found that she had not shown a material change in her…

March 6, 2012 ·ECAB
Affirmed
COMM

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

R.R. (ECAB 11-1448): Schedule award denied without ratable impairment

R.R., an Army Reserve equipment repairer, sought a schedule award for accepted neck and back sprains. The Board found no probative medical rating of permanent impairment to a body member covered by the schedule award provision. It affirmed the denials because the record did not establish a ratable…

March 6, 2012 ·ECAB
Affirmed
COMM

R.K. and U.S. Postal Service, Bulk Mail Center, Dallas, TX

R.K. (ECAB 11-1279): Arm schedule award denial upheld

R.K. had accepted bilateral carpal tunnel syndrome and a left ulnar lesion. He sought schedule awards for permanent arm impairment. The Board found that his physicians documented clinical findings but did not give a detailed impairment rating for the accepted conditions. It affirmed the denial…

March 6, 2012 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Post Office, Phoenix, AZ

D.M. (ECAB 11-1111): Recurrence claim remanded to compare light duty jobs

D.M., a Postal Service employee with accepted shoulder and neck conditions, claimed a recurrence after his longstanding modified job ended and a different mail job was offered. OWCP treated the two jobs as having the same physical demands. The Board found that the record suggested greater reaching…

March 6, 2012 ·ECAB
Remanded
ALJ

Hatch Enterprises, Inc.

Torch-cutting PPE violation reduced to $350

At a small limestone mine, production supervisor Dewayne Lambert began cutting metal with a torch without putting on available safety goggles. Judge Priscilla M. Rae found that the eye-protection standard was violated and that the condition was S&S because sparks and glare were likely to cause a…

March 5, 2012 ·Priscilla M. Rae ·FMSHRC
Modified
COMM

M.E. and Department of the Air Force, National Guard Bureau, Syracuse, NY

M.E. (ECAB 11-1735): Overpayment confirmed; amount and fault findings rejected

M.E. returned to work but received two payments at the total disability rate. The Board agreed that an overpayment existed, but found OWCP's $4,994.61 calculation inconsistent with its own worksheets. It also found that OWCP had not proved he knew or should have known the deposits were wrong when…

March 5, 2012 ·ECAB
Mixed result
COMM

E.K. and Department of Homeland Security, Customs & Border Protection, Tucson, AZ

E.K. (ECAB 11-1728): Luggage lifting injury claim denied

E.K., a Customs and Border Protection employee, claimed that moving a large piece of luggage caused a lasting back aggravation and foot drop. The Board found conflicting accounts about whether a distinct lifting incident had occurred on the claimed date. Because the factual incident was not…

March 5, 2012 ·ECAB
Affirmed
COMM

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

A.L. (ECAB 11-1725): Late reconsideration request denied

A.L. sought to reopen an earlier decision about a recurrence of disability. His reconsideration request came more than one year after the last merits decision. The Board found that it was late and did not demonstrate clear evidence of error. It affirmed OWCP's refusal to reopen without deciding the…

March 5, 2012 ·ECAB
Affirmed
COMM

T.T. and U.S. Postal Service, Post Office, Knoxville, TN

T.T. (ECAB 11-1662): Schedule award pay-rate reconsideration denied

T.T. challenged the pay rate used for his schedule award and sought reconsideration. He cited a regulation about wage-earning capacity, but the Board found that OWCP had made no wage capacity determination and that the cited regulation did not govern the award pay rate. His other arguments repeated…

March 5, 2012 ·ECAB
Affirmed
COMM

G.L. and U.S. Postal Service, Processing & Distribution Center, Norfolk, VA

G.L. (ECAB 11-1591): Suitable work penalty reversed for inadequate notice

G.L., a Postal Service employee, lost wage-loss compensation after OWCP said she refused suitable work. The Board found that OWCP's warning letter discussed vocational rehabilitation but did not give the required notice of a suitable-work refusal penalty or a proper opportunity to respond. The two…

March 5, 2012 ·ECAB
Vacated
COMM

E.E. and U.S. Postal Service, Post Office, Gretna, LA

E.E. (ECAB 11-1586): Twenty percent right leg award upheld

E.E. had an accepted aggravation of a right knee condition and received a schedule award for 20 percent right leg impairment. An OWCP second-opinion examiner applied the knee grid and modifiers in the A.M.A. Guides, and OWCP's medical adviser agreed. The Board found the calculation supported by the…

March 5, 2012 ·ECAB
Affirmed
COMM

B.B. and U.S. Postal Service, Post Office, Dallas, TX

B.B. (ECAB 11-1557): Additional left arm award denied

B.B. had already received a schedule award for 16 percent permanent impairment of his left arm after accepted shoulder conditions. A later physician assessment rated the arm at 11 percent under the current A.M.A. Guides. The Board found no evidence that his impairment now exceeded the 16 percent…

March 5, 2012 ·ECAB
Affirmed
COMM

B.H. and U.S. Postal Service, Post Office, Philadelphia, PA

B.H. (ECAB 11-1442): Physical therapy and injection request remanded for medical conflict

B.H. sought physical therapy and spinal injections for accepted back conditions. Her treating physicians supported continued care, while OWCP referral physicians disagreed about ongoing injury effects and the need for treatment. The Board found an unresolved conflict in medical opinion. It set…

March 5, 2012 ·ECAB
Remanded
COMM

N.F. and U.S. Postal Service, Post Office, Cedar Rapids, IA

N.F. (ECAB 11-1002): Reconsideration request denied without new medical evidence

N.F. asked OWCP to reconsider an earlier claim decision and said she had enclosed medical reports. The Board found that the reports were not in the record and that she had not shown they were received by OWCP. Her submitted position description and arguments did not resolve the medical issue or…

March 5, 2012 ·ECAB
Affirmed
COMM

Skyline Dredging and Excavating, Inc.

Unreceived show-cause order prevented final default

A Chief ALJ issued a show-cause order after Skyline Dredging did not answer a penalty petition, and the default became effective after 30 days. Skyline said that it had not received either the petition or the show-cause order because both went to its former address. The Commission found that…

March 2, 2012 ·FMSHRC
Remanded
COMM

MMR Constructors, Inc.

Default reopened so the parties could submit their settlement

MMR Constructors did not answer the Secretary's penalty petition, and a Chief ALJ's show-cause order became an order of default after 30 days. MMR said it did not receive that order until months later and had been negotiating a settlement with MSHA. The Secretary first opposed reopening but later…

March 2, 2012 ·FMSHRC
Remanded
COMM

J.C. and U.S. Postal Service, Post Office, West Sacramento, CA

J.C. (ECAB 11-1820): Carpal tunnel claim and late review request denied

J.C., a Postal Service employee, had diagnosed bilateral carpal tunnel syndrome and repetitive work duties. The Board found that her medical reports did not explain how those duties caused the condition. She requested a review of the written record after the 30-day period and OWCP declined to grant…

March 2, 2012 ·ECAB
Affirmed
COMM

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

R.M. (ECAB 11-1782): Back and chest injury claim denied

R.M., a Postal Service employee, sought compensation for back and chest conditions she attributed to mail delivery and handling duties. The Board found that her physicians did not adequately explain a link between the diagnosed conditions and those duties. It affirmed OWCP’s denial of the injury…

March 2, 2012 ·ECAB
Affirmed
COMM

D.C. and Department of Veterans Affairs, Veterans Health Administration, Gainesville, FL

D.C. (ECAB 11-1770): Benefits termination reversed

D.C., a VA nursing assistant, had an accepted lumbar strain and aggravation of degenerative disc disease after lifting a patient. OWCP later terminated her compensation, relying on an impartial physician’s opinion. The Board found that this opinion did not resolve the disputed medical question and…

March 2, 2012 ·ECAB
Vacated
COMM

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

W.W. (ECAB 11-1745): Late reconsideration request denied

W.W., a postal carrier, asked OWCP to reconsider its denial of his occupational disease claim for shoulder and arm problems. His request came more than one year after the most recent merit decision. The Board found that his renewed assertions about repetitive work did not show clear evidence of…

March 2, 2012 ·ECAB
Affirmed
COMM

P.S. and Department of State, Diplomatic Security Service, Dunn Loring, VA

P.S. (ECAB 11-1715): Knee injury claim and review request denied

P.S., a State Department special agent, said he twisted his left knee while exiting an armored vehicle at work. OWCP accepted that the incident occurred but found the medical record insufficient to establish a related injury. The Board also found that the evidence described in his reconsideration…

March 2, 2012 ·ECAB
Affirmed
COMM

M.P. and Department of the Treasury, Internal Revenue Service, Chamblee, GA

M.P. (ECAB 11-1702): Two percent arm awards upheld

M.P., a former IRS contact representative, challenged schedule awards for two percent permanent impairment of each upper extremity. OWCP’s medical adviser used the sixth edition of the A.M.A. Guides and the treating physician’s findings to calculate both ratings. The Board found no probative…

March 2, 2012 ·ECAB
Affirmed
COMM

M.S. and U.S. Postal Service, Post Office, Atlanta, GA

M.S. (ECAB 11-1585): Emotional condition claim remains closed

M.S., a postal clerk, sought reconsideration of OWCP’s denial of an emotional condition claim after an alleged workplace assault. The appeal concerned only OWCP’s refusal to reopen the case. The Board found that her submission repeated earlier assertions and did not provide relevant new evidence or…

March 2, 2012 ·ECAB
Affirmed
COMM

A.P. and Department of Transportation, Federal Aviation Administration, Renton, WA

A.P. (ECAB 11-1545): Neck sprain benefits termination upheld

A.P., an FAA aviation safety inspector, sustained an accepted neck sprain when a government vehicle was struck by another vehicle. OWCP terminated benefits after a second-opinion physician found no remaining effects of that injury. The Board found the physician’s examination and explanation…

March 2, 2012 ·ECAB
Affirmed
COMM

M.W. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY

M.W. (ECAB 11-1463): Neck and shoulder claim expansion denied

M.W., a VA nurse, had an accepted lumbar disc condition and asked OWCP to recognize neck and shoulder conditions as work related too. The Board found no separate shoulder diagnosis and no sufficiently reasoned medical opinion connecting her cervical condition to the accepted injury or employment…

March 2, 2012 ·ECAB
Affirmed
COMM

Erickson Air-Crane, Inc.

Tanker-truck fall citation vacated for lack of notice

Two Erickson employees repaired a helicopter rotor blade stored on top of a fuel tanker truck during high winds. A gust lifted the blade-box lid and caused one employee to fall about ten feet, sustaining serious injuries. The judge affirmed a general-duty-clause citation based on Erickson's policy…

March 2, 2012 ·OSHRC
Citations vacated
COMM

M.O. and U.S. Postal Service, Post Office, San Juan, PR

M.O. (ECAB 11-1723): Disability claim returned for clarification

M.O., a postal mail handler, had an accepted left hand injury and sought compensation for later periods of disability. The Board could not tell from OWCP’s prior decisions which later conditions and recurrences it had accepted. It set aside the denial and directed OWCP to clarify the accepted…

March 1, 2012 ·ECAB
Remanded
COMM

D.W. and Department of the Army, Red River Army Depot, Texarkana, TX

D.W. (ECAB 11-1712): Neck and shoulder claim denied

D.W., an Army depot mechanic, attributed neck and shoulder problems to repetitive heavy equipment work. OWCP accepted that the work activities occurred. The Board found that his medical reports did not explain how those activities caused a diagnosed condition. It affirmed the injury claim denial.

March 1, 2012 ·ECAB
Affirmed
COMM

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

N.P. (ECAB 11-1648): Hearing aid request denied

N.P., a Tennessee Valley Authority technician, had an accepted left ear hearing loss from workplace noise. He sought a hearing aid, although his hearing impairment was not ratable for a schedule award. The Board found that the physician recommending amplification did not explain why a hearing aid…

March 1, 2012 ·ECAB
Affirmed
COMM

R.B. and Department of the Air Force, Air Force Reserve, Vienna, OH

R.B. (ECAB 11-1616): Recurrence denial affirmed as modified

R.B., an Air Force Reserve mechanic, sought benefits after stopping work in a modified position in March 2009. OWCP's hearing representative found no medical conflict, and the Board treated the physician selected as a referee as a second-opinion physician whose reasoned report weighed against…

March 1, 2012 ·ECAB
Modified
COMM

A.M. and Department of the Army, Military Enlistment Processing Command, Seattle, WA

A.M. (ECAB 11-1609): Shoulder award and review request denied

A.M., an Army utility worker, sought a schedule award after an accepted right shoulder injury. His physician calculated impairment under an outdated edition of the A.M.A. Guides, while OWCP’s medical adviser found no ratable impairment under the applicable edition. The Board upheld the award denial…

March 1, 2012 ·ECAB
Affirmed
COMM

J.M. and Department of the Interior, National Park Service, Greenbelt, MD

J.M. (ECAB 11-1521): Hearing loss reconsideration refused

J.M., a former Park Service tool operator, sought an increase in an earlier award for work related hearing loss. This appeal concerned only OWCP’s later refusal to reopen the case for another merits review. The Board found that his reconsideration request did not identify a legal error, offer a new…

March 1, 2012 ·ECAB
Affirmed
COMM

H.W. and Department of Justice, Federal Bureau of Prisons, Fort Worth, TX

H.W. (ECAB 11-1335): Asthmatic bronchitis disability period denied

H.W., a Bureau of Prisons employee, had an accepted aggravation of acute asthmatic bronchitis and claimed disability during August 2010. The Board found that the medical reports did not adequately explain how the accepted condition prevented work during the claimed period. It affirmed OWCP’s denial…

March 1, 2012 ·ECAB
Affirmed
COMM

B.P. and U.S. Postal Service, Post Office, Titusville, FL

B.P. (ECAB 11-0800): Rectocele impairment claim returned for review

B.P., a postal clerk, sought a schedule award for impairment associated with an accepted rectocele. Her physician rated vaginal impairment, but OWCP’s medical adviser did not address the accepted condition as a possible cause. The Board set aside the denial and directed further review of the…

March 1, 2012 ·ECAB
Remanded
COMM

M.M. and U.S. Postal Service, Dallas Performance Cluster, Coppell, TX

M.M. (ECAB 11-0776): Wage capacity modification denied

M.M., a postal employee, asked OWCP to modify an earlier wage earning capacity determination for a period before April 2008. OWCP had based the determination on his actual earnings as a general clerk. The Board found that the evidence did not show those earnings were unrepresentative or establish…

March 1, 2012 ·ECAB
Affirmed
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Florence, Colorado (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 1300 (Union)

Florence prison and AFGE Local 1300 (FLRA 0-AR-4753): Delayed overtime payments violate FLSA

A federal prison in Florence changed its overtime reporting process so employees had to obtain several signatures after working overtime before payroll could process it. The process often pushed payment for overtime worked in the second week of a pay period to the following payday. An arbitrator…

March 1, 2012 ·FLRA
Upheld
COMM

Alvin J. Coleman & Son, Inc.

Timely answer required vacating the default

Alvin J. Coleman & Son did not appear to have answered the Secretary's penalty petition, so a Chief ALJ issued a show-cause order that would result in default after 30 days. Coleman said it had submitted a timely answer and had not received the show-cause order. The Secretary did not oppose…

February 29, 2012 ·FMSHRC
Remanded
COMM

E.R. Jahna Industries, Inc.

Timely response with wrong docket number prevented default

E.R. Jahna Industries did not answer the Secretary's penalty petition, prompting a Chief ALJ to issue a show-cause order that would become a default after 30 days. Jahna responded on time, but its filing contained a typographical error in the docket number. The Secretary did not oppose reopening…

February 29, 2012 ·FMSHRC
Remanded
ALJ

Black Panther Mining, LLC

Belt-maintenance order vacated and two citations settled

MSHA alleged that Black Panther's maintenance chief repaired a conveyor belt without removing power and blocking the machinery against motion, an S&S and unwarrantable-failure violation of section 75.1725(c). Judge Thomas P. McCarthy credited the operator's witnesses that three circuits had been…

February 29, 2012 ·Thomas P. McCarthy ·FMSHRC
Mixed result
ALJ

Spiro Mining, LLC

Reconsideration, recusal, and interlocutory review denied

Spiro Mining asked Judge Alan G. Paez to reconsider an earlier refusal to dismiss MSHA's penalty case, recuse himself for alleged bias, or certify the issues for immediate Commission review. The judge held that Spiro had not supported its interstate-commerce and failure-to-state-a-claim arguments…

February 29, 2012 ·Alan G. Paez ·FMSHRC
Procedural
COMM

United States Department of Justice, U.S. Marshals Service (Agency) and American Federation of Government Employees, Local 2272 (Union)

U.S. Marshals Service and AFGE Local 2272 (FLRA 0-AR-4763): Backpay issue remanded

The Marshals Service changed training and promotion paths for deputy marshals who move into criminal investigator positions. An arbitrator found that the changes disadvantaged employees hired before October 2006 in violation of the parties' agreement and directed a make-whole remedy. The Authority…

February 29, 2012 ·FLRA
Remanded
COMM

United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union (Union)

IRS and NTEU (FLRA 0-AR-4293): Bargaining required over performance award pools

The IRS reclassified positions held by more than 200 employees and moved them into different groups used to determine performance awards. An arbitrator found on remand that the changes could affect which employees received awards, creating more than a minimal effect on working conditions. He…

February 29, 2012 ·FLRA
Upheld

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.