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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L.F. and U.S. Postal Service, Post Office, Westfield, NJ
L.F. (ECAB 11-1434): Foot impairment award denied
L.F., a postal employee, sought a schedule award after OWCP accepted right foot conditions. His physician described a 20 percent impairment, but the Board found that the report did not provide a usable rating tied to the accepted condition under the required A.M.A. Guides method. It affirmed OWCP’s…
M.D. and U.S. Postal Service, Processing & Delivery Center, Bellmawr, NJ
M.D. (ECAB 11-1192): Left arm impairment award upheld
M.D., a postal employee with accepted bilateral carpal tunnel syndrome, sought an award greater than 23 percent impairment of her left arm. OWCP obtained an impartial medical evaluation after an earlier conflict about the rating. The Board found that the record did not establish a greater…
Todd Joseph Properties
Fall and scaffold violations affirmed
Todd Joseph Properties was demolishing a church when OSHA observed two employees working near an unprotected second-floor edge about 15 feet above the ground. One employee also climbed a scaffold frame without a ladder and worked on its top platform without adequate fall protection. The judge found…
Daisy Construction Company
Willful trench violations affirmed
Daisy Construction was installing underground conduit during a road project when employees worked for hours in a trench more than seven feet deep with vertical walls and no cave-in protection. The foreman and the acting superintendent both saw the work, knew trench protection was required, and did…
Cambria Contracting, Inc.
Asbestos violations reduced from willful to serious
Cambria Contracting removed trash and debris from the basements of interconnected abandoned warehouse buildings where friable asbestos pipe insulation was damaged and missing. Its employees used powered equipment, brooms, and shovels in debris later shown to contain asbestos. OSHA cited eleven…
American Federation of Government Employees, Local 997 (Union) and United States Department of the Air Force, 42nd Air Base Wing, Maxwell Air Force Base, Gunter Annex, Alabama (Agency)
AFGE Local 997 and Maxwell Air Force Base (FLRA 0-NG-3038): Uniform proposals dismissed
An Air Force union challenged a requirement that air reserve technicians wear military uniforms while working in civilian jobs. It proposed shielding employees from discipline for failing to follow military customs while off duty and allowing civilian clothing with identifying badges during…
Matter of L-S-
Humanitarian asylum may consider other serious harm
The Board reviewed the asylum case of an Albanian national who had suffered past political persecution but no longer had a well-founded fear of future persecution because country conditions had changed. It held that humanitarian asylum may be warranted not only when past persecution was so severe…
M.M. and U.S. Postal Service, Post Office, Desoto, TX
M.M. (ECAB 11-1793): Foot injury claim denied
M.M., a postal clerk, reported foot pain she attributed to work activities. OWCP accepted that the activities occurred, but she submitted no medical evidence before its decision. The Board found that the record could not establish a work related medical injury and affirmed the denial.
A.L. and Department of the Air Force, Robins Air Force Base, GA
A.L. (ECAB 11-1682): Emotional condition claim denied
A.L., an Air Force employee, attributed an emotional condition to claimed harassment and ridicule at work. The Board found that the record did not substantiate a compensable employment factor. It also found that her reconsideration submission did not meet the standard for another merit review. It…
V.S. and U.S. Postal Service, Post Office, Stony Brook, NY
V.S. (ECAB 11-1554): Reconsideration of shoulder claim denied
V.S. sought reconsideration after OWCP terminated benefits for accepted right shoulder injuries and the Board had affirmed that termination. The Board found that his new submission did not meet the requirements for another OWCP merit review. It affirmed the refusal to reopen the claim.
R.A. and Department of Transportation, Federal Aviation Administration, Hilliard, FL
R.A. (ECAB 11-1534): Reconsideration request denied
R.A., an FAA air traffic employee, sought reconsideration of a denied compensation claim. The Board found that his request and accompanying material did not show legal error, present a new legal argument, or supply pertinent new evidence. It affirmed OWCP’s refusal to review the merits again.
T.B. and U.S. Postal Service, Main Post Office, Bloomington, IN
T.B. (ECAB 11-1185): Wage capacity reconsideration denied
T.B. sought reconsideration of an earlier wage earning capacity determination. The Board explained that OWCP could revisit its own decision but could not review the Board’s prior affirmance. Her new request did not identify a relevant legal error or provide new evidence about the wage capacity…
Y.M. and U.S. Postal Service, Post Office, Philadelphia, PA
Y.M. (ECAB 11-1030): Two percent leg award upheld
Y.M., a postal mail processor, sought more than the two percent left leg impairment award for an accepted knee injury. The Board’s analysis found that OWCP’s medical adviser applied the A.M.A. Guides correctly and that the higher rating from her physician was insufficient. Its order affirmed the…
A.H. and U.S. Postal Service, O’Hare Air Mail Center, Chicago, IL
A.H. (ECAB 11-1013): Three percent arm award upheld
A.H., a postal employee, sought an increased schedule award after an accepted left shoulder injury and surgery. The Board found that his physician’s higher rating did not establish more than the three percent left arm impairment already awarded under the applicable A.M.A. Guides. It affirmed OWCP’s…
B.M. and U.S. Postal Service, Airport Mail Facility, Philadelphia, PA
B.M. (ECAB 11-0725): Arm award and pay rate upheld
B.M., a postal employee, challenged both a schedule award for three percent impairment of her left arm and the pay rate used for that award. The Board found that the medical evidence did not support a higher impairment rating. It also found that OWCP used the proper pay rate and affirmed its…
E.K. and U.S. Postal Service, New Providence Post Office, New Providence, NJ
E.K. (ECAB 11-1732): Wrist and neck claim denial modified
E.K., a postal city carrier, attributed right wrist carpal tunnel syndrome and cervical conditions to repetitive duties. The Board’s analysis found that the duties occurred but that the medical opinions did not adequately link them to the diagnosed conditions. Its order affirmed OWCP’s denial as…
M.R. and U.S. Postal Service, Processing & Distribution Center, Cincinnati, OH
M.R. (ECAB 11-1650): Disability recurrence claim denied
M.R., a postal employee, sought compensation for two claimed recurrences of disability after an accepted back injury. The Board found the evidence insufficient to connect his March and July 2010 work stoppages to a spontaneous change in the accepted condition. It affirmed OWCP’s denial.
E.P. and Department of Veterans Affairs, Veterans Health Administration, Hunter/Holmes/McQuire VA Medical Center, Richmond, VA
E.P. (ECAB 11-1553): Overpayment amount and initial fault remanded
E.P. received compensation at an augmented rate after her husband died. The Board found an overpayment existed but held that OWCP had not established its amount. It also held that she was not at fault for the first incorrect direct deposit, though she was at fault for later payments. The Board…
D.T. and U.S. Postal Service, Bergen North Station, Jersey City, NJ
D.T. (ECAB 11-1531): Overpayment and waiver denial upheld
D.T. did not dispute the $2,805.11 overpayment but sought waiver of its recovery. She argued on appeal that she had timely submitted financial information for waiver. The Board found that the payment record supported the overpayment for the specified period. It also found that the evidence did not…
M.H. and Department of the Army, U.S. Army Material Command, Texarkana, TX
M.H. (ECAB 11-1491): Shoulder injury claim denied
M.H., an Army equipment worker, reported climbing out of a vehicle hull at work and was diagnosed with a right rotator cuff tear. The Board accepted that the event occurred but found that the medical reports did not adequately explain how it caused or aggravated the shoulder condition. It affirmed…
J.H. and U.S. Postal Service, Post Office, San Diego, CA
J.H. (ECAB 11-1386): Information clerk wage capacity upheld
J.H., a postal employee with accepted arm and neck conditions, challenged a reduction in compensation based on his capacity to earn wages as an information clerk. The Board reviewed his restrictions and the constructed position identified during vocational rehabilitation. It found that OWCP…
E.L. and U.S. Postal Service, Post Office, Bonner Springs, KS
E.L. (ECAB 11-1331): Two percent leg award upheld
E.L., a postal carrier, sought more than two percent impairment of her right leg after an accepted knee injury and partial meniscectomy. The Board found that the medical rating under the applicable A.M.A. Guides did not establish a greater impairment. It affirmed OWCP’s decision.
M.M. and U.S. Postal Service, Post Office, Levittown, PA
M.M. (ECAB 11-1172): Disability recurrence claim denied
M.M., a postal employee, sought benefits for claimed disability recurrences after accepted cervical and thoracic injuries. The Board found that the medical opinions did not adequately connect his condition or disability on the claimed 2005 dates to the accepted injuries. It affirmed OWCP’s denial.
North American Drillers, LLC
Vacated pump citation left no live controversy
MSHA cited North American Drillers for using a non-permissible pump to dewater a completed shaft, then vacated the citation and moved to dismiss the contest and penalty proceedings. The Commission held that vacatur did not automatically end its jurisdiction because section 105(d) permits it to…
Conshor Mining, LLC
Review granted on history-based flagrant violations
An ALJ certified a controlling legal question after ruling that a violation not caused by reckless conduct could not be deemed flagrant based on an operator's history of similar violations. The Commission agreed that the issue warranted immediate interlocutory review under Rule 76. It granted…
S.W. and Department of Energy, Savannah River Operations Office, Aiken, SC
S.W. (ECAB 11-1797): Reconsideration returned for omitted medical report
S.W. sought reconsideration of an OWCP decision ending medical benefits for accepted back injuries. OWCP refused merit review without addressing a new physician’s report it had received before deciding. The Board set aside that refusal and directed OWCP to consider the report, undertake any…
M.B. and U.S. Postal Service, Post Office, Jamaica, NY
M.B. (ECAB 11-1785): Back injury claim denied
M.B., a postal city carrier, reported a lower back injury at work. The Board found that his claim did not describe a specific injury event or mechanism and lacked corroborating factual evidence. It affirmed OWCP’s denial of the traumatic injury claim.
C.H. and U.S. Postal Service, Processing & Distribution Center, Little Rock, AR
C.H. (ECAB 11-1711): Wage capacity determination reversed
C.H., a postal employee, challenged an earlier wage earning capacity finding after his modified assignment was withdrawn. The Board found that OWCP’s original determination relied on a job he no longer held when it issued the decision, rather than the different modified job he actually performed…
G.B. and U.S. Postal Service, Post Office, San Diego, CA
G.B. (ECAB 11-1568): Overpayment upheld, recovery method remanded
G.B. received a $2,095.18 overpayment when FECA and Social Security benefits overlapped without the required offset. The Board upheld the amount and OWCP’s refusal to waive recovery. It set aside the direction to repay the amount in full because she continued receiving periodic compensation. It…
V.C. and U.S. Postal Service, Northern Illinois Performance Cluster, Carol Stream, IL
V.C. (ECAB 11-1561): Compensation termination reversed
V.C., a postal employee, had several accepted conditions after a fall on ice at work. OWCP terminated wage loss and medical benefits based on an impartial physician’s report. The Board found that the report contradicted the accepted diagnoses and lacked adequate reasoning about continuing…
L.F. and Department of Health & Human Services, Social Security Administration, Ironton, OH
L.F. (ECAB 11-1505): Timely hearing request returned for scheduling
L.F. appealed OWCP’s denial of an occupational disease claim and its later refusal of an oral hearing as untimely. The Board found that she had faxed her hearing request within the 30-day period. It set aside the decisions and directed OWCP to schedule a hearing. The underlying injury claim remains…
M.V. and Social Security Administration, Ironton, OH
M.V. (ECAB 11-1503): Mold exposure claim and late hearing denied
M.V., a Social Security employee, reported symptoms she attributed to mold in her workplace. The Board found that her medical reports did not adequately link diagnosed conditions to the exposure. Her hearing request was made after the 30-day deadline, and OWCP did not abuse its discretion by…
D.S. and U.S. Postal Service, Processing & Distribution Center, Orlando, FL
D.S. (ECAB 11-1498): Reconsideration refusal upheld
D.S., a postal employee, sought reconsideration of a claim denial. The Board explained that this appeal did not give it jurisdiction to revisit the earlier merits decision about whether her injury claim was timely. It found that OWCP properly refused to reopen the case on the reconsideration…
K.P. and U.S. Postal Service, Post Office, Detroit, MI
K.P. (ECAB 11-1439): Ankle benefit termination upheld
K.P., a postal employee, received benefits for an accepted left ankle tendinitis injury. OWCP terminated compensation after an impartial physician found the work injury had resolved on clinical examination. The Board found his opinion sufficiently reasoned and found no support for a consequential…
C.M. and U.S. Postal Service, Post Office, Pittsburgh, PA
C.M. (ECAB 11-1254): Back condition recurrence denied
C.M., a postal employee, sought further treatment for a claimed recurrence of accepted thoracic and lumbar strains. The Board found that the medical evidence did not sufficiently connect his later condition to the earlier accepted injury. It affirmed OWCP’s denial of the recurrence claim.
D.U. and Department of Veterans Affairs, Veterans Health Administration, St. Louis, MO
D.U. (ECAB 11-1228): Reconsideration request returned to OWCP
D.U. submitted a timely reconsideration request after an earlier Board merits decision. OWCP responded that Board decisions were final and directed him back to the Board. The Board held that a timely request can ask OWCP to revisit the merits and that OWCP’s letter was an adverse refusal to do so…
J.C. and Department of the Treasury, Internal Revenue Service, San Francisco, CA
J.C. (ECAB 11-1039): Emotional condition claim returned for full review
J.C. appealed another denial of an emotional condition claim involving workplace comments about his HIV status and sexual orientation. The Board had previously found a compensable work factor and ordered further medical review. It found that OWCP again failed to consider the prior ruling and an…
S.H. and U.S. Postal Service, Post Office, Fort Lauderdale, FL
S.H. (ECAB 11-0921): Wage capacity appeal returned for complete record
S.H. appealed OWCP’s refusal to change a wage capacity determination. OWCP sent the Board an imaged file but failed to provide the paper portion of the case record even after a direct request. The Board could not review the appeal on an incomplete record. It set aside the decision and directed OWCP…
United States Department of Homeland Security, Customs and Border Protection (Agency) and National Treasury Employees Union, Chapter 160 (Union)
CBP and NTEU Chapter 160 (FLRA 0-AR-4791): Reassignment award left in place
Customs and Border Protection regularly moved employees from cargo processing to passenger processing for part of their shifts. An arbitrator found that this practice violated the parties' agreement and ordered the agency to stop it, pay overtime, and pay attorney fees. On review, the Authority…
Oil-Dri Corporation of Georgia
Five safety violations upheld and hoist citation vacated
Six citations remained for hearing from inspections of Oil-Dri's Simpson clay mine, and the Secretary had already vacated a seventh citation. Judge Priscilla M. Rae upheld violations involving an unguarded loading dock, an unprotected ladder opening, material obstructing a conveyor walkway, exposed…
Matter of Wilmer Rodrigo CASTRO RODRIGUEZ
Marijuana mitigation requires proof of no remuneration
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision involving a Virginia conviction for possession of marijuana with intent to distribute. It held that an alien has the burden to show that the offense involved a small amount of marijuana intended for…
T.T. and U.S. Postal Service, Post Office, Indianapolis, IN
T.T. (ECAB 11-1698): Late reconsideration request denied
T.T., a postal employee, sought reconsideration of an old benefits decision years after OWCP’s last merit ruling. The Board found the request untimely and her submission insufficient to demonstrate clear evidence of error. It affirmed OWCP’s refusal to reopen the claim.
R.J. and Department of the Army, U.S. Army Corps of Engineers, Portland, OR
R.J. (ECAB 11-1644): Civilian work hearing loss claim denied
R.J. reported military service hearing loss and later noise exposure in his federal civilian job. The Board found that the medical evidence did not establish additional hearing loss caused or aggravated by the civilian work. It affirmed OWCP’s denial of the occupational disease claim.
E.P. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
E.P. (ECAB 11-1626): Late reconsideration request denied
E.P. again sought reconsideration of an old denial of a disability recurrence claim. The Board found that his latest request came long after the merit decision and did not show clear evidence of error. It affirmed OWCP’s refusal to reopen.
R.B. and U.S. Postal Service, Post Office, Chicago, IL
R.B. (ECAB 11-1614): Door incident established, injury claim denied
R.B. reported injuring his left shoulder and right wrist while opening a heavy workplace door. The Board found that his account established the incident despite variations in its description, correcting OWCP’s contrary factual finding. It found that the medical evidence still did not establish a…
J.B. and U.S. Postal Service, Post Office, Santa Rosa, CA
J.B. (ECAB 11-1469): Shoulder award returned for proper rating
J.B., a postal carrier, sought more than a three percent right arm impairment award for an accepted shoulder condition. OWCP’s consultant used the A.M.A. Guides default value but did not apply the required grade modifiers. The Board set aside the award decision and directed further medical…
Y.G. and U.S. Postal Service, Post Office, Detroit, MI
Y.G. (ECAB 11-1460): Back injury benefit termination upheld
Y.G., a postal employee, received compensation after an accepted work related back injury. OWCP ended benefits based on an impartial physician’s opinion that the temporary aggravation had resolved. The Board found the opinion sufficient to resolve the medical conflict and affirmed the termination.
L.D. and U.S. Postal Service, Post Office, Seattle, WA
L.D. (ECAB 11-1372): Fall injury claim returned for medical development
L.D. fell while working as a postal custodian and claimed injuries to his back, legs, knees and right arm and shoulder. The Board found that several medical reports raised an inference linking his conditions to the accepted fall, although they did not fully establish causation. It set aside the…
K.M. and U.S. Postal Service, Post Office, Gaithersburg, MD
K.M. (ECAB 11-1083): Overpayment and waiver denial upheld
K.M. received compensation based on an inaccurate pay rate after an accepted injury. The Board upheld OWCP’s finding of a $26,205.32 overpayment for November 2007 through July 2010 and its denial of waiver.
National Air Traffic Controllers Association and Federal Aviation Administration
NATCA and FAA (FLRA SF-CO-09-0001): Retroactive seniority reset violated union's duty
The air traffic controllers' union changed its seniority policy after the FAA imposed new work rules. It applied the change backward to strip seniority from employees who had worked in FAA supervisory or management positions and then returned to the bargaining unit. The Authority found that the…
Williams Bros. Coal Co., Inc.
Refuge-unit violation reduced to a $100 penalty
Williams Bros. Coal twice missed promised delivery dates for the refuge unit specified in its approved emergency response plan. The company had shut down temporarily for economic reasons and later chose a more expensive Carbonoks unit that it considered safer, but the replacement was not installed…
L.S. and U.S. Postal Service, Post Office, Independence, KY
L.S. (ECAB 11-1720): Continuation of pay returned for calculation
L.S. injured her left shoulder while working as a rural carrier. OWCP denied continuation of pay because her traumatic injury form arrived more than 30 days after the incident. The Board found that the timely Form CA-2a itself contained a valid claim for the new injury. It set aside the denial and…
I.R. and U.S. Postal Service, New York Priority Mail Processing Center, Bethpage, NY
I.R. (ECAB 11-1700): Continuing disability claim denied
I.R. sought compensation for continuing disability after benefits for an earlier accepted injury had been terminated. The Board found that her submitted medical evidence did not establish continuing work related disability or residuals after June 8, 2008. It affirmed OWCP’s denial.
Y.G. and U.S. Postal Service, New York Performance Cluster, New York, NY
Y.G. (ECAB 11-1691): Wage loss and medical benefits termination upheld
Y.G. received benefits for accepted back, knee and wrist sprains after a workplace fall. OWCP terminated her wage loss and medical benefits in March 2011. The Board found that the weight of the medical evidence showed no remaining effects of the accepted injury and affirmed the termination.
R.J. and U.S. Postal Service, Post Office, Melrose Park, IL
R.J. (ECAB 11-1653): Shoulder, knee and back claim returned for combined files
R.J. claimed bilateral shoulder, knee and lower back conditions. Medical reports linked her symptoms to a separate accepted workplace fall, but OWCP decided the occupational disease claim without combining the related injury file. The Board set aside the denial and ordered OWCP to combine the files…
J.A. and U.S. Postal Service, Post Office, Portland, ME
J.A. (ECAB 11-1592): Disability recurrence returned for proper findings
J.A. sought compensation after the postal service withdrew her light duty position. OWCP denied her recurrence claim without properly applying its guidance on withdrawn light duty work or considering the medical evidence of continuing injury effects. The Board set aside the decision and returned…
Q.G. and Department of Defense, Defense Commissary Agency Southern Region, New Orleans, LA
Q.G. (ECAB 11-1514): Back injury and hearing denials upheld
Q.G. reported back pain after slipping at work in June 2010. The Board found the evidence insufficient to establish the claimed work injury. It also upheld OWCP’s denial of her hearing request and affirmed both decisions.
J.G. and National Endowment for the Arts, Nancy Hanks Center, Washington, DC
J.G. (ECAB 11-1437): Printer lifting injury claim denied
J.G. attributed right shoulder and arm symptoms to moving a printer at work. The Board found that the medical reports did not adequately establish a causal relationship between that event and a diagnosed injury. It affirmed OWCP’s denial.
E.D. and U.S. Postal Service, Post Office, Canajohane, NY
E.D. (ECAB 11-1354): Recurrence and additional wrist condition denied
E.D. sought compensation for total disability many years after an accepted vehicle accident and asked OWCP to add a left wrist condition to his claim. The Board found insufficient medical evidence linking the later disability or wrist condition to the accepted injury. It affirmed OWCP’s denial.
P.B. and Department of the Air Force, Randolph Air Force Base, TX
P.B. (ECAB 11-1153): Left arm impairment award upheld
P.B. sought a schedule award above 10 percent permanent impairment of his left arm after an accepted work injury. The Board found the medical rating supported 10 percent and did not establish greater impairment attributable to the injury. It affirmed OWCP’s award.
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.