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.
T.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Tomah, WI
T.J. (ECAB 11-1452): Right arm award returned for specialist rating
T.J. sought more than six percent permanent impairment of his right arm. The Board found OWCP’s medical adviser had not adequately explained the Guides calculation supporting that rating. It set aside the award and directed OWCP to obtain a specialist assessment and issue a new decision.
E.M. and U.S. Postal Service, Triboro, Brooklyn, NY
E.M. (ECAB 11-1373): Schedule award claim denied
E.M. requested a schedule award after several work injury claims. The Board found that the medical evidence before OWCP did not establish permanent impairment qualifying for the requested award. It affirmed OWCP’s decision.
A.A. and U.S. Postal Service, Post Office, Detroit, MI
A.A. (ECAB 11-1350): Disability recurrence denied as modified
A.A. sought compensation for a claimed recurrence of disability after an accepted work injury. The Board found that she had not established a causal link for the claimed period beginning June 28, 2010. It affirmed OWCP’s denial as modified.
K.T. and U.S. Postal Service, Post Office, Lake Charles, LA
K.T. (ECAB 11-1570): Traumatic injury claim denied
K.T. reported a traumatic injury while working as a city carrier in August 2010. The Board found that the submitted evidence did not establish the claimed injury in the performance of duty. It affirmed OWCP’s denial.
C.Y. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Los Angeles, CA
C.Y. (ECAB 11-1529): Work injury claim denied
C.Y. reported an injury in the performance of duty in December 2010. The Board found the evidence before OWCP insufficient to establish the claimed work injury. It affirmed the denial, without reviewing evidence submitted only after OWCP’s decision.
D.W. and U.S. Postal Service, Post Office, Schwenksville, PA
D.W. (ECAB 11-1499): Medical recurrence claim denied
D.W. requested further treatment for a claimed recurrence of an accepted 1997 work injury. The Board found that she submitted no medical evidence supporting a recurrence or showing treatment for the accepted condition after 2006. It affirmed OWCP’s denial.
C.S. and Department of Agriculture, Agricultural Marketing Service, Olympia, WA
C.S. (ECAB 11-1497): Right arm occupational claim denied
C.S. attributed a right arm condition to work as an agricultural commodity grader. The Board found that the medical evidence did not adequately link a diagnosed condition to her employment duties. It affirmed OWCP’s denial.
M.C. and U.S. Postal Service, Post Office, Gilmer, TX
M.C. (ECAB 11-1446): Right arm occupational disease claim denied
M.C. attributed a right arm condition to her rural carrier work. The Board found that the record did not establish an occupational disease caused or aggravated by those duties. It affirmed both OWCP decisions.
K.T. and Department of the Navy, Marine Corps Air Station, Beaufort, SC
K.T. (ECAB 11-1422): February work injury claim denied
K.T. reported an injury while working as an engineering technician in February 2010. The Board found the evidence did not establish a compensable injury in the performance of duty. It affirmed OWCP’s denial.
R.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI
R.J. (ECAB 11-0811): Arm award returned for combined claim files
R.J. appealed OWCP’s arm schedule awards. The Board found that key medical reports were absent because OWCP had considered several separate claim files without combining them for the appeal. In its February 2, 2012 remand order, it set aside two OWCP decisions and directed OWCP to combine the files…
R.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI
R.J. (ECAB 11-0811): Erratum corrects dates in remand order
The Board corrected its earlier remand order in R.J.’s schedule award appeal. The erratum changes the date of one OWCP decision from November 10 to November 12, 2010 in both the opening and operative order. It does not decide the impairment question; the corrected order leaves the case on remand…
L.G. and Department of Health & Human Services, Social Security Administration, Somerville, MA
L.G. (ECAB 11-0647): Emotional condition claim denied
L.G. claimed an emotional condition from events at her Social Security workplace. The Board found that the record did not establish a compensable employment factor causing the claimed condition. It affirmed OWCP’s denial.
K.N. and U.S. Postal Service, Post Office, Portland, OR
K.N. (ECAB 11-0540): Schedule award rescission and overpayment reversed
K.N. challenged OWCP’s rescission of part of a schedule award and its finding that she owed $4,081.39. The Board found the rescission improper, so the overpayment finding also failed. It reversed OWCP’s decision.
D.M. and U.S. Postal Service, Post Office, Tampa, FL
D.M. (ECAB 11-0386): Compensation termination upheld
D.M. received compensation for an accepted occupational condition and contested OWCP’s termination of benefits. The Board found that the medical evidence supported finding the accepted injury effects had ended by March 13, 2010. It affirmed the termination.
D.F. and U.S. Postal Service, Post Office, Boston, MA
D.F. (ECAB 11-1595): Social Security offset overpayment upheld as modified
D.F. received FECA compensation and Social Security benefits without the required retirement offset. The Board upheld a $14,127.27 overpayment, fault finding, denial of waiver, and full recovery. It affirmed OWCP’s decision as modified.
R.T. and Department of Homeland Security, Eagle Pass, TX
R.T. (ECAB 11-1575): Left shoulder injury claim denied
R.T. claimed a left shoulder injury from an August 2010 work incident while serving as a border patrol officer. The Board found that the medical evidence did not establish a causal link between the incident and the claimed condition. It affirmed OWCP’s denial.
M.M. and Social Security Administration, Ironton, OH
M.M. (ECAB 11-1509): Work condition and late hearing denied
M.M. claimed an injury related to conditions at her Social Security workplace. The Board found that the evidence did not establish a causal relationship to work. It also upheld OWCP’s denial of an untimely oral hearing request.
J.W. and Department of Health & Human Services, Social Security Administration, Ironton, OH
J.W. (ECAB 11-1508): Mold condition and hearing denials upheld
J.W. attributed diagnosed conditions to accepted workplace mold exposure. The Board found that the medical reports did not adequately explain how the exposure caused her conditions. It also upheld OWCP’s denial of an untimely oral hearing request and affirmed both decisions.
T.G. and U.S. Postal Service, Post Office, Northridge, CA
T.G. (ECAB 11-1470): Late reconsideration request denied
T.G. sought reconsideration of an older compensation decision in September 2010. The Board found the request untimely and the submission insufficient to show clear evidence of error. It affirmed OWCP’s refusal to reopen.
M.N. and U.S. Postal Service, Post Office, Youngstown, OH
M.N. (ECAB 11-1462): Wage capacity determination reversed
M.N. challenged a 2001 wage earning capacity determination after an accepted lower leg injury. The Board found that the original determination was erroneous and that modification was warranted. It reversed OWCP’s refusal to change it.
M.Y. and U.S. Postal Service, Post Office, Tampa, FL
M.Y. (ECAB 11-1453): Late reconsideration denial affirmed; claim expansion undecided
M.Y. asked OWCP to reconsider a termination of benefits and to recognize additional spinal conditions. The Board upheld OWCP’s refusal to reopen the old termination because the request was untimely and lacked clear evidence of error. The Board said it could not review the separate claim expansion…
T.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Birmingham, AL
T.B. (ECAB 11-1041): Right leg impairment award upheld
T.B. sought a schedule award greater than one percent impairment of his right leg. The Board found that the medical evidence did not establish a higher ratable impairment under the applicable Guides. It affirmed OWCP’s two award decisions.
D.K. and Department of Veterans Affairs, Medical Center, Tampa, FL
D.K. (ECAB 11-1029): Break time injury claim denied
D.K. was injured while traveling toward a parking lot during an authorized break. The Board found that the circumstances did not establish that she was in the performance of duty at the time. It affirmed OWCP’s denial.
Pine Ridge Coal Company, LLC
Faulty ventilation controls and weekly examination orders affirmed
MSHA cited Pine Ridge after finding holes in seven of nine stoppings and overcasts separating a working section's return air from intake entries, a belt entry, and escapeways. Judge Alan G. Paez held that the poorly built controls violated the approved ventilation plan and that an adequate weekly…
Layne Christensen Company of Delaware Corporation
Final penalty assessment reopened
Layne Christensen asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that it may reopen final assessments in appropriate circumstances, using Federal Rule of Civil…
Matter of Bavakan AVETISYAN
Administrative closure may be ordered over a party's objection
The Board reviewed the Department of Homeland Security's interlocutory appeal from an Immigration Judge's administrative closure of removal proceedings while a visa petition for an Armenian respondent was pending. It overruled Matter of Gutierrez and held that Immigration Judges and the Board may…
United States Department of Veterans Affairs, Nebraska/Western Iowa VA Health Care System, Omaha, Nebraska (Agency/Petitioner) and American Federation of Government Employees, AFL-CIO (Incumbent Labor Organization/Petitioner)
Nebraska/Western Iowa VA and AFGE (FLRA DE-RP-10-0017): Successor unit clarified
After a VA reorganization, the Authority had decided which employees belonged in successor bargaining units represented by AFGE. The union sought reconsideration, arguing that the decision's description of excluded Omaha professionals might also exclude employees who had already been represented…
Starr Aggregates, LLC
Final penalty assessment reopened
Starr Aggregates asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that it may reopen final assessments in appropriate circumstances, using Federal Rule of Civil…
National Labor Relations Board, Region 9, Cincinnati, Ohio (Agency) and National Labor Relations Board Union (Union)
NLRB Region 9 and NLRB Union (FLRA 0-AR-4782): Snow-emergency leave review upheld
During a Cincinnati snow emergency and travel ban, an NLRB regional office opened two hours late and charged annual leave to employees who did not report for the rest of the day. An arbitrator found that keeping the office open was permitted but that charging everyone leave without asking why they…
American Federation of Government Employees, Local 1815 (Union) and United States Department of the Army, Army Aviation Center of Excellence, 110th Aviation Brigade, Fort Rucker, Alabama (Agency)
AFGE Local 1815 and Fort Rucker (FLRA 0-AR-4775): Union exception denied
AFGE Local 1815 challenged an arbitration award involving the Army's aviation center at Fort Rucker. The union argued that the award failed to follow the parties' agreement because an alleged contract violation had forced it to pursue arbitration instead of resolving the matter at a lower level…
United Power Trades Organization (Union) and United States Department of the Army, U.S. Army Corps of Engineers, Northwestern Division, Pacific Region (Agency)
Power trades union and Army Corps (FLRA 0-AR-4769): No remedy for oil-sampling violation
The Army Corps of Engineers contracted with a company to collect transformer oil samples at its Northwest hydroelectric projects. An arbitrator found a technical violation of the Water Resources Development Act because bargaining-unit employees had performed that collection work before and during…
Black Panther Mining, LLC
Original belt-maintenance decision later amended
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…
Carolyn J. Duke v. Cowin & Company, Incorporated
Duke v. Cowin & Company (BRB 10-0679): attorney fee award affirmed
Carolyn Duke's lawyer defended her late husband's black lung benefits award against the employer's modification request and pursued her survivor claim. The judge denied modification and ultimately granted survivor benefits, then awarded counsel fees and expenses. Cowin & Company argued that counsel…
R.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Portland, OR
R.L. (ECAB 11-1251): Overpayment returned for requested hearing
R.L. disputed an alleged $1,701.28 overpayment related to health insurance deductions. The Board found that his timely response requested a hearing on this overpayment, but OWCP treated it as concerning only a separate claim. It set aside the decision and returned the matter for proper hearing…
W.M. and Department of Justice, Bureau of Prisons, Forest City, AK
W.M. (ECAB 11-1156): Right arm impairment award upheld
W.M. received a schedule award for five percent right arm impairment after an accepted biceps injury. He sought a higher rating, but the Board found the medical evidence did not establish more than five percent permanent impairment. It affirmed OWCP’s decision.
M.D. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
M.D. (ECAB 11-1078): Disability recurrence claim denied
M.D. sought compensation for a recurrence of disability beginning in September 2009 after an accepted 2004 injury. The Board found that the medical evidence did not establish that the later disability resulted from the accepted injury. It affirmed OWCP’s denial.
S.J. and U.S. Postal Service, Post Office, Albuquerque, NM
S.J. (ECAB 11-0886): Shoulder claim denied; emergency care returned
S.J. reported left shoulder pain while preparing mail and received emergency treatment. The Board upheld OWCP’s denial of the injury claim because the medical evidence did not establish causation. It returned the separate question of whether the same day emergency medical costs were reimbursable.
D.A. and Department of the Air Force, Wright-Patterson Air Force Base, OH
D.A. (ECAB 11-0871): Vocational rehabilitation reduction upheld
D.A. challenged a reduction in compensation based on the wages he could have earned had he continued vocational rehabilitation. The Board found that OWCP had properly applied the statutory reduction after he stopped participating. It affirmed the decision.
F.P. and U.S. Postal Service, Fort Worth Performance Cluster, Fort Worth, TX
F.P. (ECAB 11-0852): Electronics tester wage capacity upheld
F.P. challenged OWCP’s reduction of compensation based on the wages of an electronics tester position. The Board found that the selected work met her medical and vocational capacities and affirmed the wage earning capacity decision.
S.P. and U.S. Postal Service, Post Office, Pittsburgh, PA
S.P. (ECAB 11-0600): Reconsideration refusal upheld
S.P. asked OWCP to reconsider an earlier compensation ruling. The Board found the submitted evidence and arguments did not meet the requirements for reopening the merits of the claim. It affirmed OWCP’s refusal.
W.B. and Department of Veterans Affairs, Veterans Health Administration, Lyons, NJ
W.B. (ECAB 11-0239): Suitable work termination and reconsideration refusal upheld
W.B. lost monetary compensation after declining an offered position OWCP found suitable. The Board found OWCP had established the offer’s suitability and properly terminated wage loss benefits. It also upheld OWCP’s later refusal to reopen the merits on reconsideration.
C.B. and U.S. Postal Service, Post Office, San Jose, CA
C.B. (ECAB 11-1562): Right heel occupational claim denied
C.B., a postal truck driver, attributed plantar fasciitis and right heel symptoms to his work activities. The Board found that the record did not adequately establish a right foot condition caused or aggravated by those duties. It affirmed OWCP’s denial.
P.I. and U.S. Postal Service, Post Office, New York, NY
P.I. (ECAB 11-1555): Social Security offset overpayment upheld
P.I. received FECA compensation and Social Security benefits without the required retirement offset. The Board upheld OWCP’s $19,311.47 overpayment finding for July 2002 through July 2010 and its refusal to waive recovery.
W.P., claiming as widow of E.P., and U.S. Customs Service, Elk Grove Village, IL
W.P., claiming as widow of E.P., (ECAB 11-1479): Survivor claim returned to resolve medical conflict
W.P. sought survivor benefits after the death of E.P., who had an accepted work related condition. The Board found conflicting medical opinions about whether the employee’s death was causally related to federal employment. It set aside OWCP’s denial and directed resolution of the conflict.
C.R. and Environmental Protection Agency, Office of the Inspector General, Boston, MA
C.R. (ECAB 11-1445): Compensation termination upheld
C.R. challenged OWCP’s termination of benefits for accepted work related injuries and sought compensation for continuing effects. The Board found that OWCP met its burden to terminate benefits and that he did not establish later disability from the accepted conditions. It affirmed the decision.
R.D. and U.S. Postal Service, Post Office, New Orleans, LA
R.D. (ECAB 11-1408): Right arm award upheld, leg award denied
R.D. sought higher schedule awards after accepted work injuries. The Board found that the evidence supported one percent right arm impairment and did not establish a ratable right leg impairment. It affirmed OWCP’s decision.
J.K. and U.S. Postal Service, Dallas National Distribution Center, Dallas, TX
J.K. (ECAB 11-1387): Reconsideration request returned for merits review
J.K. asked OWCP to reconsider its denial of a right shoulder claim. The Board found that a newly submitted physician’s report directly addressed whether his repetitive postal work caused the condition. That new relevant evidence required merits review, so the Board set aside OWCP’s refusal and…
D.W. and U.S. Postal Service, Post Office, Chicago, IL
D.W. (ECAB 11-1302): Additional left arm award denied
D.W. sought more than an additional five percent impairment of her left arm after an accepted occupational condition. The Board found the medical evidence did not establish a greater rating attributable to the accepted injury. It affirmed OWCP’s schedule award decision.
J.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Memphis, TN
J.M. (ECAB 11-0948): Permanent impairment award denied
J.M. sought a schedule award for permanent impairment attributed to an accepted May 2002 injury. The Board found that the medical evidence did not establish ratable impairment caused by that injury. It affirmed OWCP’s denial of an award.
G.R. and Department of Commerce, Census Bureau, Regional Census Center, Philadelphia, PA
G.R. (ECAB 11-0801): Right leg award and pay rate upheld
G.R. sought a higher schedule award for right leg impairment and challenged the pay rate used to calculate the award. The Board found the three percent impairment rating supported by the medical evidence and the pay rate correct. It affirmed OWCP’s decision.
Granite Rock Company
Fall-protection and access violations yield $3,990 penalty
Granite Rock operates a surface rock, sand, and gravel mine in California. Two miners climbed conveyor framework and worked on elevated belts without wearing fall protection or using the available ladders, harnesses, and lanyards. Judge Jacqueline R. Bulluck found that the conditions created a…
V.J. and Department of Agriculture, Animal Plant Health Inspection Service, Robinson, NJ
V.J. (ECAB 11-1660): Sixth edition schedule award challenge rejected
V.J. challenged the use of the sixth edition of the A.M.A. Guides for a schedule award after an accepted injury. The Board held that the edition in force when OWCP decided the award controlled, and that the claimant had no vested right to an earlier edition. It affirmed OWCP’s decision.
R.G. and Department of Homeland Security, Transportation Security Administration, Chicago, IL
R.G. (ECAB 11-1643): Neck and back claim returned for combined files
R.G. claimed additional neck and back conditions from security screening work. The same work factors and diagnoses appeared in an earlier accepted claim, but that file was missing from the appeal record. The Board set aside the denial and directed OWCP to combine the files and decide the new claim.
E.F. and Peace Corps, Peace Corps Volunteer Service, Washington, DC
E.F. (ECAB 11-1567): Disability claim returned under wage capacity standard
E.F. sought total disability compensation after a prior wage earning capacity determination. The Board found that OWCP had not evaluated whether his accepted conditions warranted modification of that determination. It set aside the disability denial and directed a decision under the proper standard.
C.N. and U.S. Postal Service, Chef Menteur Station, New Orleans, LA
C.N. (ECAB 11-1546): Compensation and medical benefits termination upheld
C.N. challenged OWCP’s termination of wage loss and medical benefits and sought further compensation for continuing injury effects. The Board found that OWCP met its burden to end benefits and that she had not established residual disability after the termination date. It affirmed.
R.R. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
R.R. (ECAB 11-1403): Prostate cancer occupational claim denied
R.R. attributed prostate cancer to his federal employment at a naval shipyard. The Board found that the record lacked a medical opinion linking the diagnosis to work factors. It affirmed OWCP’s denial of the occupational disease claim.
S.T. and U.S. Postal Service, Post Office, Cleveland, OH
S.T. (ECAB 11-1316): Disability period claim denied
S.T. sought total disability compensation from August 2009 through April 2010 after an accepted work injury. The Board found that his medical evidence did not establish inability to work due to the accepted condition throughout that period. It affirmed OWCP’s denial.
G.M. and Department of the Navy, Naval Installations, Pearl Harbor, HI
G.M. (ECAB 11-1295): Hearing award denied; hearing aids returned
G.M. sought a schedule award for hearing loss and authorization for hearing aids. The Board found his hearing loss was not ratable for a schedule award, but that OWCP had not adequately decided whether hearing aids were medically needed. It affirmed the award denial and remanded the aid request.
D.M. and Department of Commerce, U.S. Census Bureau, Los Angeles, CA
D.M. (ECAB 11-1231): Benefit termination returned for physician selection review
D.M. appealed termination of wage loss and medical benefits after an accepted fall. OWCP relied on an impartial examiner, but the Board found it had not documented that he was properly chosen under its rotation procedure. It set aside the termination and directed further proceedings.
R.K. and U.S. Postal Service, Post Office, Stillwell, KS
R.K. (ECAB 11-1048): Withdrawn light duty claim returned under proper guidance
R.K. sought compensation after the postal service withdrew her light duty assignment through the National Reassessment Process. OWCP denied the claim without applying its specific guidance for that situation. The Board set aside the decision and returned the claim for proper evaluation.
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.