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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
M.K. and Department of Veterans Affairs, Veterans Administration Medical Center, Lyons, NJ
M.K. (ECAB 11-0728): Left knee impairment rating returned for clarification
M.K. sought a schedule award above 20 percent impairment of her left leg. The Board found that the medical opinions did not clearly apply the applicable impairment guide to the knee arthritis findings and that no reliable rating was in the record. It set aside the award decision and directed OWCP…
Black Beauty Coal Company v. Secretary of Labor
Accident-site citation affirmed and examination order vacated
Black Beauty resolved 32 of 34 citations and orders through settlement or agency vacatur, leaving an accident-site preservation citation and an alleged inadequate on-shift examination for decision. Judge Jerold Feldman held that Black Beauty violated section 50.12 by resuming mining after reporting…
S.A. and U.S. Postal Service, Post Office, Corpus Christi, TX
S.A. (ECAB 11-1713): Bilateral arm awards upheld
S.A. received schedule awards of five percent impairment for each arm after an accepted bilateral carpal tunnel condition. The Board found the medical ratings did not establish greater impairment and affirmed OWCP’s award decision.
G.B. and U.S. Postal Service, Surfside Station, Surfside, FL
G.B. (ECAB 11-1673): Late reconsideration request denied
G.B. sought reconsideration of an older compensation decision. The Board found his request untimely and the submitted material insufficient to show clear evidence of error. It affirmed OWCP’s refusal to reopen the claim.
T.L. and Department of Justice, Federal Bureau of Investigation, Harrisburg, PA
T.L. (ECAB 11-1668): Training injury claim denied
T.L. reported pain after receiving a knee strike to the ribs during a defensive tactics drill. The Board found that the medical evidence did not establish a diagnosed injury causally related to the event. It affirmed OWCP’s denial.
W.S. and Department of the Navy, Naval Air Warfare Center, China Lake, CA
W.S. (ECAB 11-1640): Workplace assault allegation returned for investigation
W.S. claimed emotional and physical symptoms related in part to an alleged workplace assault by a supervisor. The Board found that OWCP had not requested the employer’s investigation materials or made findings about the alleged event. It set aside the denial and directed factual development before…
E.B. and U.S. Postal Service, Post Office, Little Rock, AR
E.B. (ECAB 11-1494): Wage loss entitlement established, amount returned
E.B. sought wage loss compensation for September 4 through 10, 2010 after an accepted shoulder injury. The Board found that her physician’s reports supported total disability through that period. It reversed OWCP’s denial and returned the case to calculate the compensation owed.
C.B. and Department of the Army, Fort Rucker, AL
C.B. (ECAB 11-1457): Emotional condition claim denied
C.B. attributed an acute stress reaction to a workplace letter warning about job duties. The Board found that the evidence did not establish a compensable work factor causing the claimed emotional condition. It affirmed OWCP’s denial.
E.S. and Department of Transportation, Federal Aviation Administration, Santa Clara, CA
E.S. (ECAB 11-1391): Asthma recurrence returned for medical clarification
E.S. sought disability compensation after a recurrence of asthma symptoms following an accepted chemical exposure. The Board found OWCP’s second opinion unclear about whether a later attack resulted from the accepted injury or a new exposure. It set aside the denial and directed a clarified medical…
S.B. and U.S. Postal Service, Post Office, Johnson City, TN
S.B. (ECAB 11-1265): Leg award returned for rating clarification
S.B. sought an increased schedule award for left leg impairment after an accepted vehicle accident. The Board found that OWCP treated a rating under the leg impairment table as a great toe rating, which changed the compensation period. It also had not assessed overlap with her earlier award. The…
W.F. and Department of the Air Force, Patrick Air Force Base, FL
W.F. (ECAB 11-0682): Wage capacity determination upheld
W.F. asked OWCP to modify a wage earning capacity determination following accepted knee and back injuries. The Board found that he had not shown the earlier determination was erroneous. He did not argue the other grounds for modification. It affirmed OWCP’s refusal.
New Cingular Wireless PCS, LLC, et al.
In re New Cingular Wireless PCS, LLC, et al. (EAB EPCRA 12-01C): consent agreement ratified
The Environmental Appeals Board issued a Final Order for New Cingular Wireless PCS, LLC, et al., in an EPCRA enforcement matter. Under 40 C.F.R. § 22.18(c), the Board incorporated the parties’ Consent Agreement into the Final Order and ratified it. The respondent was ordered to comply with all…
New Cingular Wireless PCS, LLC, et al.
In re New Cingular Wireless PCS, LLC, et al. (EAB EPCRA 12-01(C)): Consent Agreement ratified
New Cingular Wireless PCS, LLC, et al. was the respondent in an EPCRA matter before the Environmental Appeals Board. The Board incorporated an attached Consent Agreement resolving the matter into its Final Order and ratified the agreement under 40 C.F.R. § 22.18(c). The Board ordered the respondent…
J.D. and U.S. Postal Service, Post Office, Dallas, TX
J.D. (ECAB 11-1777): Reconsideration refusal upheld
J.D. asked OWCP to reconsider its denial of an injury claim involving a blow to his eye. The Board reviewed the request to reopen and found that the submitted material did not meet the requirements for reconsideration. It affirmed OWCP’s refusal.
M.V. and Department of the Army, Fort Bliss Fire Department, Fort Bliss, TX
M.V. (ECAB 11-1709): Overpayment and fault findings upheld
M.V. continued receiving wage loss compensation for several days after returning to work. The Board upheld OWCP’s $522.39 overpayment finding and found that he was at fault, so recovery could not be waived.
A.J. and U.S. Postal Service, Houston Performance Cluster, Houston, TX
A.J. (ECAB 11-1610): Left leg impairment award upheld
A.J. sought a schedule award above seven percent impairment of her left leg. The Board found that the medical ratings did not establish greater impairment under the applicable Guides. It affirmed OWCP’s award.
A.C. and U.S. Postal Service, Post Office, New York, NY
A.C. (ECAB 11-1574): Earlier injury claim denial upheld
A.C. sought compensation for an alleged 2007 work injury. The Board found that the additional medical evidence still did not establish a causal relationship between the claimed condition and the reported incident. It affirmed OWCP’s denial.
B.S. and U.S. Postal Service, Post Office, Idaho Falls, ID
B.S. (ECAB 11-1518): Back claim denied for inconsistent incident account
B.S. attributed a back condition to repeated work as a mail processing clerk. The Board found inconsistencies in her account of when and how the alleged work incident occurred. It held that she had not established an employment incident at the time, place and in the manner alleged, so it did not…
S.J. and Department of Health & Human Services, Social Security Administration, Field Office, Ironton, OH
S.J. (ECAB 11-1506): Respiratory claim and late hearing denied
S.J. claimed a respiratory illness from workplace mold exposure. The Board found the evidence insufficient to establish a work related occupational disease. It also upheld OWCP’s denial of an untimely oral hearing request and affirmed both decisions.
J.F. and Smithsonian Institution, National Zoological Park, Washington, DC
J.F. (ECAB 11-1383): Back injury claim returned for medical development
J.F. reported back pain after digging at work. A physician’s report supported a possible link between the incident and a diagnosed back condition, but did not fully explain causation. The Board also noted OWCP had not clearly addressed all submitted medical reports. It set aside the denial and…
R.B. and U.S. Postal Service, Post Office, Seattle, WA
R.B. (ECAB 11-1382): Elbow and shoulder injury claim denied
R.B. alleged right elbow and shoulder injuries from an incident at work. The Board found that the evidence did not sufficiently establish that the reported event occurred as alleged. It affirmed OWCP’s denial.
E.S. and U.S. Postal Service, Post Office, Jacksonville, FL
E.S. (ECAB 11-0657): Foot disability recurrence denied
E.S. sought compensation for a recurrence of disability attributed to an accepted bilateral foot condition. The Board found that the medical evidence did not establish that the claimed later disability resulted from the accepted condition. It affirmed OWCP’s denial.
Secretary of Labor on behalf of Lance Carter v. Kino Aggregates, Inc. and Noble Plant
Safety complaints caused unlawful discharge
Lance Carter managed safety compliance at Kino Aggregates and repeatedly raised concerns about dust, housekeeping, equipment foundations, access, and untrained workers. During an MSHA inspection, owner Noble Plant confronted Carter for contacting the agency and discharged him; Kino later claimed…
S.A. and Department of the Navy, Naval Facilities Engineering Command, APO, AE
S.A. (ECAB 11-1814): Travel back injury claim denied
S.A. attributed a back injury to lifting luggage from an airport carousel while on official travel. The Board found that the record did not establish a compensable work injury on the claimed date. It affirmed OWCP’s denial.
J.S. and Department of the Air Force, Tinker Air Force Base, OK
J.S. (ECAB 11-1634): Right ear hearing award upheld
J.S. sought a higher schedule award for noise related hearing loss in his right ear. The Board found the medical rating supported no more than 13 percent monaural impairment and affirmed OWCP’s award.
K.D. and Department of Homeland Security, Transportation Security Agency, Phoenix, AZ
K.D. (ECAB 11-1600): Bilateral arm impairment returned for new evaluation
K.D. appealed OWCP’s bilateral arm schedule award decision after an accepted fall. She had told OWCP she was withdrawing her schedule award claim. The Board found that the physicians had not adequately explained their impairment ratings under the applicable Guides or identified the accepted…
M.R. and Department of Veterans Affairs, Veterans Health Administration, Montrose, NY
M.R. (ECAB 11-1566): Suitable work termination reversed
M.R. lost wage loss benefits after OWCP deemed a job offer suitable and found she had refused it. The Board found OWCP had not met its burden to establish that the offer was suitable, and reversed the termination.
M.M. and Bureau of Prisons, Metropolitan Correctional Center, New York, NY
M.M. (ECAB 11-1565): Wage loss and medical benefits restored
M.M. had received wage loss and medical benefits for accepted injuries. The Board found that OWCP had not met its burden to terminate those benefits effective May 20, 2011. It reversed the termination.
J.A. and Department of Homeland Security, U.S. Coast Guard, Cape May, NJ
J.A. (ECAB 11-1542): Right leg impairment award returned to resolve conflict
J.A. sought a larger schedule award for right leg impairment. His physician and OWCP’s medical adviser gave materially different ratings based on the same knee findings. The Board found an unresolved medical conflict, set aside the award, and directed an impartial specialist review.
W.M. and U.S. Postal Service, Post Office, Philadelphia, PA
W.M. (ECAB 11-1486): Right leg award returned for impartial examination
W.M. sought more than an 18 percent right leg impairment award. His attending physician and OWCP’s medical adviser disagreed about the degree of impairment. The Board found their opinions of equal weight, set aside the award, and directed an impartial medical specialist to resolve the conflict.
C.K. and Department of Homeland Security, Immigration & Customs Enforcement, Los Angeles, CA
C.K. (ECAB 11-1183): Forfeiture and overpayments upheld
C.K. appealed two related OWCP decisions concerning unreported employment activity while receiving compensation. The Board upheld forfeiture for October 2005 through October 2009 and overpayments totaling $296,717.53, along with OWCP’s refusal to waive recovery. Its decision resolved both docketed…
C.K. and U.S. Postal Service, Post Office, Ferndale, WA
C.K. (ECAB 11-0974): Wage capacity reduction reversed
C.K. appealed a reduction in compensation based on a customer service representative position. The Board found OWCP had not carried its burden to establish that the selected job fairly represented her wage earning capacity. It reversed the reduction.
Titan Constructors, Inc.
Shared batch-plant shop fell within Mine Act jurisdiction
Titan Constructors operated a portable crusher and a concrete batch plant on the same property, with both operations using parts of a shared shop. Titan argued that OSHA, not MSHA, controlled the shop because it was built for the batch plant. Judge Richard W. Manning held that the shop areas…
B.S. and U.S. Postal Service, Post Office, Chamblee, GA
B.S. (ECAB 11-1695): Reconsideration refusal upheld
B.S. sought reconsideration of OWCP’s earlier termination of medical benefits for an accepted injury. The Board’s review was limited to whether her new submission warranted reopening the merits. It found that she did not identify an error of law or provide qualifying new evidence or argument under…
R.E. and U.S. Postal Service, Post Office, North Haven, CT
R.E. (ECAB 11-1630): Late reconsideration denied
R.E. asked OWCP to reconsider an older compensation decision. The Board found the request untimely and the submission insufficient to show clear evidence of error. It affirmed OWCP’s refusal to reopen the case.
J.N. and Department of Homeland Security, Transportation Security Administration, Dallas Fort Worth Airport, TX
J.N. (ECAB 11-1613): Overpayment and waiver denial upheld
J.N. received $19,144.93 in compensation that overlapped with other federal benefits. The Board upheld OWCP’s overpayment finding. Although he was not at fault, he had not shown grounds for waiver, so the Board affirmed the waiver denial. It lacked jurisdiction to review recovery because he was no…
A.C. and Department of Health & Human Services, Social Security Administration, Ironton, OH
A.C. (ECAB 11-1502): Mold exposure claim and hearing denied
A.C. attributed medical conditions to mold exposure in her workplace. The Board found that the evidence did not establish a causal relationship to work. It also upheld OWCP’s denial of her untimely oral hearing request and affirmed both decisions.
B.P. and U.S. Postal Service, Post Office, Marlton, NJ
B.P. (ECAB 11-1493): Back claim returned to resolve medical conflict
B.P. attributed a back condition to her postal duties. Her treating physician and OWCP’s physician gave conflicting opinions on work causation. The Board found the medical conflict unresolved, set aside the denial, and returned the claim for further proceedings.
C.P. and U.S. Postal Service, Post Office, Pittsburgh, PA
C.P. (ECAB 11-1459): Wage capacity determination upheld
C.P. had an accepted aggravation of lumbar degenerative disc disease and later worked as a modified mail processor. She asked OWCP to change its 2004 wage earning capacity determination. The Board found that her new evidence did not establish a material change in the accepted condition or another…
R.R. and Department of the Navy, Philadelphia, PA
R.R. (ECAB 11-1402): Reconsideration refusal upheld
R.R. asked OWCP to reconsider a prior compensation ruling. The Board found that the request did not meet the requirements for reopening the claim for a merits review. It affirmed OWCP’s nonmerit decision.
J.K. and Department of the Interior, National Park Service, Grand Teton National Park, Moose, WY
J.K. (ECAB 11-1385): Wage capacity modification returned for medical development
J.K. sought to modify a wage earning capacity determination for a period before October 2010. A physician’s opinion supported a possible work restriction, but did not identify when the restriction began. The Board set aside OWCP’s decision on that period and directed further medical development.
G.T. and U.S. Postal Service, New York, Bethpage, NY
G.T. (ECAB 11-1336): Right arm impairment award returned for better evidence
G.T. sought a schedule award above 14 percent impairment of his right arm. The Board found deficiencies in the medical rating evidence, set aside OWCP’s decision, and directed further development before a new award decision.
Nuprecon, LP d/b/a Nuprecon Acquisition, LP
Fall citation affirmed for work near open edge
Nuprecon employees were demolishing an aircraft hangar beside a 21-foot-wide unprotected opening with a 36-foot drop. The Commission rejected the judge's exposure finding for a Bobcat operator because the fall standard's definition of a walking or working surface excludes vehicles, and the record…
Secretary of Labor on behalf of Chuck E. Mosby v. Mulzer Crushed Stone, Inc.
Machinist economically reinstated after safety complaint
Chuck Mosby reported an uncapped and unsecured oxygen cylinder and kept a notebook documenting safety concerns at Mulzer Crushed Stone's Rockport Plant. The company searched his toolbox, reviewed the notebook, accused him of dishonesty, and discharged him about three weeks after the cylinder…
B.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Pineville, LA
B.M. (ECAB 11-1693): Stress condition claim denied
B.M., a canteen supply clerk, attributed anxiety and other symptoms to a stressful work environment. The Board found that her general statements about workplace stress and possible staff shortages did not establish a specific compensable work factor. It affirmed OWCP’s denial of the emotional…
E.H. and Department of the Air Force, Georgia
E.H. (ECAB 11-1676): Overpayment and waiver denial upheld
E.H. received disability compensation after an accepted fall at work and later returned to full time duty. Payments continued through May 7, 2011, creating a $2,402.41 overpayment for the period after she returned. The Board upheld OWCP’s calculation and found that its refusal to waive recovery was…
D.V. and U.S. Postal Service, Post Office, West Palm Beach, FL
D.V. (ECAB 11-1667): Medical benefit termination upheld
D.V. challenged OWCP’s termination of medical benefits for an accepted injury. The Board found that OWCP met its burden to show the accepted condition no longer required treatment and affirmed the termination.
R.S. and U.S. Postal Service, Post Office, Pittsburgh, PA
R.S. (ECAB 11-1589): Reconsideration and written review refusals upheld
R.S. reported a fall while delivering mail and sought to reopen the resulting injury claim denial. She also asked for review of the written record. The Board reviewed only the later procedural decisions, found that the reconsideration request did not warrant merits review, and upheld OWCP’s denial…
L.C. and U.S. Postal Service, Post Office, Rochester, NY
L.C. (ECAB 11-1587): Wage capacity modification denied
L.C. challenged a 1998 wage earning capacity determination based on an automobile salesperson position. He argued that the original determination was wrong and that his work related conditions had changed. The Board reviewed the additional medical evidence but found it insufficient to establish…
K.D. and Small Business Administration, Marketing Department, Washington, DC
K.D. (ECAB 11-1547): Schedule award claim denied
K.D. sought a schedule award for permanent impairment from accepted work injuries. The Board found that her medical evidence did not establish a ratable permanent impairment attributable to those injuries. It affirmed OWCP’s denial of the award.
J.C. and Department of Justice, Federal Bureau of Prisons, Marion, IL
J.C. (ECAB 11-1480): Traumatic injury claim denied
J.C. reported a traumatic injury while working as a plumbing supervisor in October 2009. The Board found that the record did not establish the claimed injury in the performance of duty. It affirmed OWCP’s denial after reviewing the factual and medical submissions.
L.G. and U.S. Postal Service, Oakland Park Branch, Fort Lauderdale, FL
L.G. (ECAB 11-1472): Overpayment reduced; recovery rate returned
L.G. contested an overpayment and OWCP’s recovery terms. The Board reduced the amount from $8,384.72 to $3,429.83 and upheld the denial of waiver. It set aside the rate of recovery from continuing payments because OWCP had not adequately considered the resulting hardship, and remanded that issue.
J.C. and U.S. Postal Service, Post Office, Green Bay, WI
J.C. (ECAB 11-1245): Back injury benefits termination upheld
J.C. challenged the termination of wage loss and medical benefits for accepted lumbar myalgia and sought further disability compensation. The Board found that OWCP met its burden to terminate benefits and that she did not prove continuing work related disability. It affirmed the decision.
Shaw Areva Mox Services, LLC
Electrical grounding citation vacated
OSHA cited Shaw Areva after finding a three-plug adaptor and a fuel-pump cord with missing grounding prongs at a nuclear-fuel facility construction project. The Commission held that the grounding-path standard applied to the adaptor because it functioned as a multiple receptacle that was required…
D.V. and U.S. Postal Service, Post Office, West Palm Beach, FL
D.V. (ECAB 11-1629): Earlier compensation denial reversed
D.V. appealed OWCP’s denial of compensation for a period from May 2005 through July 2006 after an accepted injury. The Board found that OWCP had not met its burden for withholding compensation during that period. It reversed the decision.
L.S. and Department of the Navy, Surface Warfare Center, Philadelphia, PA
L.S. (ECAB 11-1596): Left leg impairment awards upheld
L.S. sought more than eight percent permanent impairment of his left leg following an accepted work injury. The Board found that the medical evidence did not establish greater impairment. It affirmed OWCP’s two award decisions.
C.K. and Department of Labor, Occupational Safety & Health Administration, Philadelphia, PA
C.K. (ECAB 11-1526): Reconsideration refusal upheld
C.K. sought to reopen an earlier compensation decision for merits review. The Board found that her reconsideration submission did not satisfy the rule for reopening and affirmed OWCP’s nonmerit refusal.
R.C. and U.S. Postal Service, Bulk Mail Center, Jersey City, NJ
R.C. (ECAB 11-1523): Left arm impairment conflict returned for clarification
R.C. sought a schedule award above ten percent left arm impairment. OWCP relied on an impartial examiner who had not provided the specific rating needed to resolve the medical conflict. The Board set aside OWCP’s denial of an award above the existing ten percent and directed it to obtain a…
B.S. and Department of Health & Human Services, Social Security Administration, Ironton, OH
B.S. (ECAB 11-1504): Mold injury and late hearing denied
B.S. claimed eye and throat symptoms from workplace mold exposure. The Board found the medical evidence did not establish a compensable work related injury. It also upheld OWCP’s denial of an untimely oral hearing request and affirmed both decisions.
L.E. and Department of Veterans Affairs, Medical Center, Alexandria, LA
L.E. (ECAB 11-1483): Electric bed and lift chair request denied
L.E. requested an electric bed and lift chair after an accepted low back injury sustained while caring for a patient. The Board found that OWCP had not abused its discretion in declining to authorize those items on the record presented. It affirmed the denial.
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.