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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ALJ

Secretary of Labor v. The American Coal Company

Flagrant-accumulation case stayed for controlling Commission guidance

American Coal had tried two section 75.400 accumulation orders that MSHA designated as repeated flagrant violations. While Judge Thomas P. McCarthy was drafting his decision, the Commission accepted interlocutory review in Conshor Mining on whether a non-reckless violation could become flagrant…

February 28, 2012 ·Thomas P. McCarthy ·FMSHRC
Procedural
COMM

Associated Underwater Services

Falling-piling dive assessment violation affirmed

An Associated Underwater Services diver worked about 140 feet underwater beside an 8,600-pound piling during installation of an oil-containment boom. The piling detached from a vibratory hammer and fell on the diver, killing him. The Commission held that the relevant hazard was a falling piling…

February 28, 2012 ·OSHRC
Citations affirmed
COMM

Thomas Industrial Coatings, Inc.

Willful lifesaving-skiff violation affirmed

A suspended scaffold collapsed about 100 feet above the Mississippi River while Thomas Industrial Coatings employees prepared to paint a bridge. Three employees remained suspended from lifelines, but a fourth fell into the river and died. The Commission vacated two fall-protection items because the…

February 28, 2012 ·OSHRC
Mixed result
COMM

United States Department of Veterans Affairs, Northern California Health Care System, Martinez, California (Agency) and Debra Hasan, An Individual (Petitioner) and American Federation of Government Employees, AFL-CIO (Petitioner/Exclusive Representative)

Northern California VA and AFGE (FLRA SF-RP-11-0010, SF-RP-11-0019): HR assistants remain in bargaining unit

The Northern California VA health system sought to exclude recruitment, benefits, and pre-employment assistants from a bargaining unit. It argued that they were confidential employees or performed personnel work beyond a clerical role. A regional director found that the assistants lacked…

February 27, 2012 ·FLRA
Upheld
ALJ

Emerald Coal Resources, LP

Preshift violation upheld but unwarrantable failure removed

MSHA alleged that Emerald Coal's preshift examination failed to identify and record severely bent roof straps and loose roof material in a working section. Judge John Kent Lewis found that a reasonably prudent examiner would have recognized the condition as a hazard and that the inadequate…

February 27, 2012 ·John Kent Lewis ·FMSHRC
Modified
COMM

Big Ridge, Inc.

Precautionary review petition denied as premature

Big Ridge sought discretionary review after an ALJ denied reconsideration of an order upholding the validity of an MSHA control order issued under section 103(j) and modified under section 103(k). The Commission found that the ALJ had not explicitly decided whether the order was reasonable, had not…

February 27, 2012 ·FMSHRC
Procedural
COMM

Twin Ridge Development, Inc.

Four final penalty assessments reopened

Twin Ridge Development asked the Commission to reopen four penalty assessments that had become final because it did not contest them within the Mine Act's 30-day deadline. The Secretary did not oppose the requests. The Commission explained that it may reopen final assessments in appropriate…

February 27, 2012 ·FMSHRC
Remanded
COMM

Farrell-Cooper Mining Company

Timely show-cause response meant no default occurred

Farrell-Cooper Mining did not answer the Secretary's penalty petition, prompting a show-cause order that would become a default after 30 days. Farrell-Cooper said it responded to that order on time, and the Secretary did not oppose reopening. The Secretary also confirmed that the regional solicitor…

February 27, 2012 ·FMSHRC
Remanded
COMM

Michael Brown v. Avondale Industries, Incorporated

Brown v. Avondale Industries (BRB 11-0407): part of default claim returned for payment findings

Michael Brown had several Longshore Act disability awards after a back injury while working for Avondale Industries. He alleged that the employer had not paid everything those awards required. The Board upheld dismissal of several alleged defaults because no award covered them or because Brown…

February 27, 2012 ·BRB
Remanded
COMM

Thaddeus Styka v. Jeddo-Highland Coal Company

Styka v. Jeddo-Highland Coal Company (BRB 11-0150): black lung award returned for further findings

Thaddeus Styka sought black lung benefits after working in both underground and surface coal mining. A judge awarded benefits using a presumption for miners with at least 15 years of qualifying work and a totally disabling respiratory impairment. The Board upheld one pulmonary test finding but…

February 27, 2012 ·BRB
Remanded
COMM

N.W. and U.S. Postal Service, Post Office, Philadelphia, PA

N.W. (ECAB 11-1813): Overpayment claim returned for complete record

N.W. appealed an overpayment finding based on allegedly duplicate left arm schedule awards from separate injury claims. The Board found that the record lacked the medical evidence from her earlier claim, so it could not determine whether the later award duplicated the first. It set aside OWCP’s…

February 27, 2012 ·ECAB
Remanded
COMM

A.H. and U.S. Postal Service, Aguada Post Office, Aguada, PR

A.H. (ECAB 11-1811): Injury claim returned after agency motion

A.H. appealed OWCP’s denial of a claim arising from a physical altercation at work. OWCP’s Director asked the Board to return the case because the record suggested that the altercation arose from employment, leaving medical elements to be examined. The Board granted the motion, set aside the…

February 27, 2012 ·ECAB
Remanded
COMM

E.C. and Department of the Army, Installation Management Command, Fort Belvoir, VA

E.C. (ECAB 11-1774): Hearing request returned after notice error

E.C. asked for a hearing after OWCP denied his work injury claim. OWCP marked the hearing request abandoned when he did not appear, but its notice had been mailed to an incorrect city. The Board set aside the abandonment decision and returned the hearing request for proper handling. It did not…

February 27, 2012 ·ECAB
Remanded
COMM

M.P. and U.S. Postal Service, Post Office, Omaha, NE

M.P. (ECAB 11-1768): Carpal tunnel claim denial upheld

M.P., a postal mail processing clerk, attributed bilateral carpal tunnel syndrome to repetitive work. The Board found that the submitted medical reports did not adequately explain how her duties caused or aggravated the condition. It affirmed OWCP’s denial of the occupational disease claim.

February 27, 2012 ·ECAB
Affirmed
COMM

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

D.R. (ECAB 11-1763): Back and hip claim returned for combined records

D.R., a postal clerk, attributed back, hip, and leg problems to work activities and the effects of an earlier accepted knee injury. The Board lacked the case file for that prior injury and could not fully evaluate the new claim without it. It set aside the denial and directed OWCP to combine the…

February 27, 2012 ·ECAB
Remanded
COMM

W.W. and Department of Justice, Bureau of Prisons, Federal Correctional Complex, Victorville, CA

W.W. (ECAB 11-1758): Knee condition claim denied

W.W., a federal prison cook foreman, attributed bilateral knee problems to years of standing and physical food service duties. The Board treated this as a claim about those work duties, rather than a consequence of his accepted foot injury. It found that the medical opinions did not adequately…

February 27, 2012 ·ECAB
Affirmed
COMM

M.H. and Department of the Air Force, Tinker Air Force Base, OK

M.H. (ECAB 11-1722): Emotional condition claim returned for combined records

M.H. claimed that stress, anxiety, and depression resulted from accepted physical injuries and resulting pain. OWCP denied his emotional condition claim without combining the earlier injury files or addressing it as a possible consequence of those injuries. The Board set aside the decisions and…

February 27, 2012 ·ECAB
Remanded
COMM

J.O. and Department of Transportation, Federal Aviation Administration, Wichita, KS

J.O. (ECAB 11-1627): PTSD benefits termination reversed

J.O., an air traffic controller, had an accepted post-traumatic stress disorder claim after an aircraft crash while she was on duty. OWCP terminated compensation based on a physician selected to resolve a medical conflict. The Board found that OWCP had not documented compliance with its rotating…

February 27, 2012 ·ECAB
Vacated
COMM

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

A.P. (ECAB 11-1619): Upper body claim returned to resolve medical conflict

A.P., a postal window clerk, claimed right hand, wrist, arm, and neck conditions from her work. Her treating physician and OWCP’s second opinion physician disagreed about diagnosis and work causation. The Board found a conflict in the medical evidence and set aside the claim denial. It returned the…

February 27, 2012 ·ECAB
Remanded
COMM

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

C.G. (ECAB 11-1612): Right arm award upheld as modified

C.G., a postal carrier, sought a schedule award greater than 20 percent impairment of her right arm. The Board found that her treating physician used the wrong table for carpal tunnel syndrome. OWCP’s adviser used the proper table for that condition, but neither doctor adequately justified the…

February 27, 2012 ·ECAB
Modified
COMM

A.M. and Department of the Navy, Naval Facilities Engineering Command Mid Atlantic, Norfolk, VA

A.M. (ECAB 11-1569): Emotional condition claim denied

A.M., a Navy motor vehicle operator, attributed an emotional condition to a proposed suspension and claimed harassment at work. The Board found that the asserted disciplinary actions were administrative matters and that the claimed harassment was not established as a compensable work factor on the…

February 27, 2012 ·ECAB
Affirmed
COMM

S.S. and Department of Commerce, Regional Census Center, Seattle, WA

S.S. (ECAB 11-1536): Disability and medical benefits terminations upheld

S.S., a census enumerator, had accepted hip, neck, knee, and leg conditions after a fall at work. OWCP ended wage loss compensation and later ended medical benefits for those accepted conditions. The Board found that the medical evidence supported both terminations and affirmed OWCP’s decision. It…

February 27, 2012 ·ECAB
Affirmed
COMM

L.B. and U.S. Postal Service, Capital Performance Cluster, Washington, DC

L.B. (ECAB 11-1501): Wage loss claim returned for combined records

L.B. sought wage loss compensation for several periods after an accepted dental injury and a later recurrence claim. OWCP’s denial discussed evidence missing from the appeal record, and the earlier injury file could bear on the claimed periods. The Board set aside the decision and ordered OWCP to…

February 27, 2012 ·ECAB
Remanded
COMM

R.S. and U.S. Postal Service, General Mail Facility, Little Rock, AK

R.S. (ECAB 11-1267): Withdrawal of light duty established disability

R.S., a postal employee with an accepted injury, lost her modified rehabilitation clerk assignment through the employer’s National Reassessment Process. The Board found that the withdrawal of her light duty position established a recurrence of total disability beginning August 28, 2010. It reversed…

February 27, 2012 ·ECAB
Vacated
COMM

T.P. and U.S. Postal Service, Roseland Post Office, Chicago, IL

T.P. (ECAB 11-1225): Leg impairment rating returned for clarification

T.P., a postal letter carrier, had received schedule awards totaling 25 percent impairment of her left leg and sought a higher award. Two physicians reached different ratings but neither adequately explained how the A.M.A. Guides grade modifiers produced the result. The Board set aside OWCP’s…

February 27, 2012 ·ECAB
Remanded
COMM

D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Waco, TX

D.B. (ECAB 11-0926): Suitable work benefits termination reversed

D.B., a VA housekeeping aide, lost wage loss compensation after refusing an offered job that OWCP deemed suitable. OWCP obtained additional psychiatric evidence after sending its first 30-day notice, then terminated benefits without providing a new 30-day opportunity to respond. The Board held that…

February 27, 2012 ·ECAB
Vacated
COMM

C.T. and U.S. Postal Service, Post Office, Charlottesville, VA

C.T. (ECAB 11-0869): Ankle injury claim denied

C.T., a postal letter carrier, stepped into a hole while servicing a delivery box on her route. The Board accepted that the incident occurred but found the medical reports insufficient to link it to her diagnosed left ankle condition. It affirmed OWCP’s denial of the injury claim.

February 27, 2012 ·ECAB
Affirmed
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 3955, Council of Prison Locals (Union)

Tucson prison and AFGE Local 3955 (FLRA 0-AR-4733): Dental allotment reimbursement upheld

For years, a Tucson prison deducted union dues and payments for a union dental plan together from employees' pay. A payroll change stopped the dental deductions, so the union paid the dental plan costs itself until the prison corrected the error. An arbitrator found that the combined deductions had…

February 27, 2012 ·FLRA
Upheld
COMM

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

F.R. (ECAB 11-1573): Late reconsideration request denied

F.R., a postal employee, sought reconsideration of a compensation termination many years after the last merit decision. The Board found the request untimely and concluded that his submission did not demonstrate clear evidence of error. It affirmed OWCP’s refusal to reopen the claim.

February 24, 2012 ·ECAB
Affirmed
COMM

W.R. and Department of the Army, McAlester Army Ammunition Plant, McAlester, OK

W.R. (ECAB 11-1477): Additional arm impairment denied

W.R., an Army secretary, sought more than the one percent left arm impairment attributed to an accepted shoulder injury. The Board found the medical rating supported that one percent award and did not justify a greater rating for the injury. It affirmed OWCP’s decision. Earlier awards for her left…

February 24, 2012 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Post Office, Washington, DC

R.M. (ECAB 11-1394): Increased arm awards denied

R.M., a postal mail carrier, had previously received schedule awards for 25 percent impairment of each arm. He sought additional awards, but his new physician rated only nine percent impairment in each arm. The Board found no evidence establishing an impairment greater than the percentages already…

February 24, 2012 ·ECAB
Affirmed
COMM

D.J. and U.S. Postal Service, Post Office, North Platte, NE

D.J. (ECAB 11-1359): Additional organ impairment award denied

D.J., a postal employee, had an accepted pelvic condition and an earlier award for impairment of the cervix and uterus. She sought additional schedule awards for impairment of other pelvic organs. The Board held that FECA provides no schedule award for bladder, colon or rectum impairment, that her…

February 24, 2012 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Post Office, Morris Brown Station, Duluth, GA

A.M. (ECAB 11-1205): Compensation termination reversed

A.M. had accepted physical injuries and received wage loss and medical benefits. OWCP ended both based on an impartial physician’s report. The Board found that the report gave inadequate medical reasoning and contained conflicting statements about whether her cervical condition had resolved. The…

February 24, 2012 ·ECAB
Vacated
COMM

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

E.O. (ECAB 11-1099): Medical recurrence claim denied

E.O., a postal secretary, had an accepted lumbar sprain and contusion after a fall. She later sought additional treatment for an asserted recurrence of that condition. The Board found that the medical evidence did not establish that her later symptoms resulted from the accepted injury. It affirmed…

February 24, 2012 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Post Office, Pittsburgh, PA

M.C. (ECAB 11-1014): Right ankle injury claim denied

M.C., a postal city carrier, reported a swollen right ankle while delivering mail. The Board found the claim form lacked details about how an injury occurred and the record before OWCP lacked the factual and medical evidence needed to establish a work injury. It affirmed the claim denial.

February 24, 2012 ·ECAB
Affirmed
COMM

W.M. and U.S. Postal Service, Post Office, Durham, NC

W.M. (ECAB 11-0832): Leg impairment upheld, award date corrected

W.M., a postal mail handler, sought a schedule award for greater than one percent impairment of his left leg. The Board upheld OWCP’s one percent rating under the applicable A.M.A. Guides method. It found, however, that OWCP used the wrong date of maximum medical improvement, which controls the…

February 24, 2012 ·ECAB
Mixed result
COMM

F.V. and U.S. Postal Service, Crossroads Post Office, Seattle, WA

F.V. (ECAB 11-0599): Emotional condition and late review request denied

F.V., a postal employee, sought compensation for an emotional condition related to workplace assignments and supervision. The Board found that the alleged events did not establish a compensable employment factor. His request for written record review came after the 30-day deadline, and the Board…

February 24, 2012 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Seattle Performance Cluster, Seattle, WA

K.B. (ECAB 11-1671): Wage capacity determination upheld

K.B., a postal worker with an accepted injury, sought to change OWCP’s wage earning capacity determination. OWCP based it on her actual earnings in a permanent modified clerk position. The Board found no evidence that those earnings failed to reflect her wage capacity or that another basis for…

February 23, 2012 ·ECAB
Affirmed
COMM

M.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Denver, CO

M.L. (ECAB 11-1550): Late hearing request denied

M.L. challenged an OWCP schedule award and asked for a hearing after the 30-day period had passed. The Board reviewed only OWCP’s refusal to grant the late hearing request, not the underlying impairment rating. It found that OWCP had exercised its discretion and properly denied the request.

February 23, 2012 ·ECAB
Affirmed
COMM

M.D. and U.S. Postal Service, Post Office, Temple, GA

M.D. (ECAB 11-1541): Suitable work termination reversed

M.D., a postal carrier, received compensation after a work related vehicle crash. OWCP later ended benefits because she declined an offered modified carrier position. The Board found that the job required driving while her physician’s restrictions barred her from operating a vehicle while taking…

February 23, 2012 ·ECAB
Vacated
COMM

R.M. and U.S. Postal Service, Post Office, Katy, TX

R.M. (ECAB 11-1345): Intermittent disability and reopening denied

R.M., a postal employee, sought compensation for intermittent disability over a long period after an accepted injury. The Board found that his medical reports did not identify specific disability dates and link them to the accepted condition. His reconsideration request repeated earlier arguments…

February 23, 2012 ·ECAB
Affirmed
COMM

J.T. and Department of Defense, Defense Information & Technology Service, Cleveland, OH

J.T. (ECAB 11-1229): Disability recurrence claim denied

J.T. sought compensation for a recurrence of disability after accepted knee and carpal tunnel injuries. She said her conditions worsened and her modified secretarial duties changed. The Board found no sufficient proof that her accepted conditions disabled her beginning March 19, 2010 or that her…

February 23, 2012 ·ECAB
Affirmed
COMM

M.P. and U.S. Postal Service, Post Office, Brooklyn, NY

M.P. (ECAB 11-1194): Disability recurrence claim denied

M.P., a postal worker, had accepted back and shoulder injuries and later stopped working for personal reasons. She claimed a recurrence of disability beginning September 15, 2008. The Board found no change in her light duty assignment or medical evidence establishing that the accepted conditions…

February 23, 2012 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Mechanicsville, MD

J.W. (ECAB 11-0901): Attorney fee approval upheld

J.W. challenged OWCP’s approval of a $900 attorney fee for work on his compensation claim. He disputed one billed hour and asked that the fee be reduced to $600. The Board found that OWCP considered the relevant fee criteria and that the record did not show an abuse of discretion. It affirmed the…

February 23, 2012 ·ECAB
Affirmed
COMM

National Federation of Federal Employees, Local 1804 (Union) and United States Department of Housing and Urban Development, Office of Public Housing, Detroit, Michigan (Agency)

NFFE Local 1804 and Detroit HUD (FLRA 0-AR-4762): Overtime exceptions rejected

Ten HUD employees claimed overtime pay for work they said they performed outside their scheduled hours, much of it at home. An arbitrator found that the union had not proved the disputed work hours or that supervisors knew of them, and denied the employees' claims for overtime that management had…

February 23, 2012 ·FLRA
Upheld
COMM

T.W. and U.S. Postal Service, Post Office, Broken Arrow, OK

T.W. (ECAB 11-1694): Disability period claim denied

T.W., a postal employee, had accepted back, neck, and shoulder sprains and claimed total disability from May 20 to October 1, 2010. The Board found that his medical reports did not adequately explain why the accepted conditions prevented work during that period in his modified position. It affirmed…

February 22, 2012 ·ECAB
Affirmed
COMM

S.W. and U.S. Postal Service, Post Office, Des Moines, IA

S.W. (ECAB 11-1678): Hip aggravation claim returned for medical review

S.W., a postal employee, claimed that work duties aggravated preexisting degenerative arthritis in his left hip. His treating physician gave an opinion supporting aggravation, although the explanation was not sufficient to establish the claim outright. The Board found that the uncontradicted…

February 22, 2012 ·ECAB
Remanded
COMM

D.A. and U.S. Postal Service, Post Office, Columbus, OH

D.A. (ECAB 11-1645): Hip disability claim denied

D.A., a postal carrier, attributed a later left hip condition and disability to an accepted dog bite injury. The Board found that the medical evidence did not adequately explain a causal link between the bite and the hip condition. It affirmed OWCP’s denial of the additional condition and…

February 22, 2012 ·ECAB
Affirmed
COMM

J.H. and U.S. Postal Service, Post Office, Los Angeles, CA

J.H. (ECAB 11-1489): Late reconsideration request denied

J.H. asked OWCP to reconsider an earlier claim denial more than a year after its last merit decision. The Board found her request untimely and her submission insufficient to show clear evidence of error. It affirmed OWCP’s refusal to reopen the claim.

February 22, 2012 ·ECAB
Affirmed
COMM

C.L. and U.S. Postal Service, Processing & Delivery Center, Oakland, CA

C.L. (ECAB 11-1230): Wrist injury benefits termination upheld

C.L., a postal employee, received benefits for accepted right wrist sprain and lateral epicondylitis. OWCP terminated wage loss and medical benefits after an impartial physician examined her and found no remaining effects of the accepted injuries. The Board found that the physician’s opinion…

February 22, 2012 ·ECAB
Affirmed
COMM

J.T. and Department of the Treasury, Internal Revenue Service, Richmond, VA

J.T. (ECAB 11-1164): Overpayment claim returned for explanation

OWCP found that J.T. had received a $20,373.82 overpayment from a schedule award and denied waiver. The Board found that OWCP had not adequately explained why the earlier award was wrong or how the claimed overpayment was calculated. It set aside the decision and remanded for development and a new…

February 22, 2012 ·ECAB
Remanded
COMM

American Federation of Government Employees, Council of Prison Locals, Local 3828 (Union) and United States Department of Justice, Federal Bureau of Prisons, Community Correctional Center, San Antonio, Texas (Agency)

AFGE Local 3828 and Bureau of Prisons (FLRA 0-AR-4790): Union fair-hearing challenge denied

The union alleged that a supervisor at a Bureau of Prisons community corrections center had created a racially hostile work environment. An arbitrator rejected the grievance after finding that the union had not proved racial motivation. The union argued that the arbitrator unfairly narrowed the…

February 22, 2012 ·FLRA
Upheld
COMM

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

NTEU and IRS (FLRA 0-AR-4765): Representation ruling split by employee category

The IRS arranged for Office of Personnel Management investigators to interview incoming employees and stopped allowing union representatives to attend. The Authority held that OPM investigators acted independently when interviewing employees covered by OPM suitability rules, so they were not IRS…

February 22, 2012 ·FLRA
Remanded
ALJ

Eureka Rock, LLC

Sole owner had to report his work hours to MSHA

Eureka Rock's sole owner and operator reported zero work hours on four quarterly MSHA forms because he believed an owner was not an employee. Judge Margaret A. Miller held that section 50.30-1 expressly includes proprietors, owners, and operators within its definition of employees. Because the…

February 21, 2012 ·Margaret A. Miller ·FMSHRC
Citations affirmed
COMM

D.L. and U.S. Postal Service, Chang Ho Station, Los Angeles, CA

D.L. (ECAB 11-1819): Late reconsideration request denied

D.L. sought reconsideration of a claim about pain in her hands and wrists more than one year after OWCP’s last merit decision. The Board found the request untimely and the submitted reports insufficient to show clear evidence of error. It affirmed OWCP’s refusal to reopen the case.

February 21, 2012 ·ECAB
Affirmed
COMM

O.J. and Department of Homeland Security, Transportation Security Administration, Jackson-Evers International Airport, Jackson, MS

O.J. (ECAB 11-1806): Late reconsideration request denied

O.J., a TSA employee, sought reconsideration of a denied back and neck injury claim more than one year after OWCP’s last merit decision. The Board found his request untimely and his submission insufficient to show clear evidence of error in the claim denial. It affirmed OWCP’s refusal to reopen the…

February 21, 2012 ·ECAB
Affirmed
COMM

J.K. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA

J.K. (ECAB 11-1759): Further review of leg award denied

J.K. asked OWCP to reconsider a schedule award for two percent impairment of his right leg. The Board reviewed only OWCP’s refusal to reopen the case, since the underlying award was outside its jurisdiction in this appeal. It found that his request did not supply a new legal argument or pertinent…

February 21, 2012 ·ECAB
Affirmed
COMM

S.H. and Department of Veterans Affairs, Veterans Health Administration, Nashville, TN

S.H. (ECAB 11-1716): Hearing request denied after reconsideration

S.H. requested an oral hearing after previously seeking reconsideration of her compensation case. The Board found she no longer had a hearing as a matter of right under FECA. It also found that OWCP exercised its discretion in declining to grant one. It affirmed the hearing denial.

February 21, 2012 ·ECAB
Affirmed
COMM

R.P. and Department of the Air Force, Travis Air Force Base, CA

R.P. (ECAB 11-1605): Nine percent arm award upheld

R.P., an Air Force hazardous cargo inspector, sought a schedule award greater than nine percent impairment of his right arm after a shoulder injury and surgery. The Board found that OWCP’s medical adviser properly applied the A.M.A. Guides to the treating physician’s range of motion findings. It…

February 21, 2012 ·ECAB
Affirmed
COMM

C.B. and Department of Labor, Mine Safety and Health Administration, Madisonville, KY

C.B. (ECAB 11-1515): Hearing loss award and aids denied

C.B., a retired mine safety employee, had accepted work related hearing loss. The Board found that the measured loss was not ratable for a schedule award. It also found that the recommendation for a hearing aid trial did not adequately establish medical necessity in light of OWCP’s contrary medical…

February 21, 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.