Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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COMM

CAM Mining, LLC

Petition dismissals vacated for failure to address prior ruling

An ALJ dismissed the Secretary's penalty petitions after finding no factually supported reason for their late filing. The Commission noted that a chief judge had already granted leave to file the petitions out of time, but the later dismissal did not acknowledge that ruling or explain why it should…

October 28, 2011 ·FMSHRC
Remanded
COMM

Dallas R. Owens v. Mingo Logan Coal Company

Owens v. Mingo Logan Coal Company (BRB 11-0154): black lung award affirmed

Dallas Owens worked in coal mining for nearly 30 years and had a totally disabling respiratory impairment. A judge awarded benefits under the statutory presumption for miners with at least 15 qualifying years. Mingo Logan Coal challenged use of the presumption against an operator and argued that…

October 28, 2011 ·BRB
Affirmed
COMM

White Buck Coal Company

Two final assessments reopened

White Buck Coal asked the Commission to reopen two penalty assessments that had become final when the company did not timely contest them. The Secretary did not oppose reopening. After reviewing the circumstances, the Commission reopened both assessments and remanded the matters for proceedings on…

October 27, 2011 ·FMSHRC
Remanded
COMM

Martin County Coal Corporation

Final penalty assessment reopened

Martin County Coal asked the Commission to reopen a penalty assessment that had become final when the company did not timely contest it. The Secretary did not oppose reopening. After reviewing the circumstances, the Commission granted relief from the final order and remanded the case for…

October 27, 2011 ·FMSHRC
Remanded
COMM

Allen Barry and Tim Barry d/b/a Allen Barry Livestock

In re Allen Barry and Tim Barry d/b/a Allen Barry Livestock (EAB CWA Appeal No. 11-07): sua sponte review and $75,000 penalty order

An EPA administrative law judge found Allen Barry and Tim Barry d/b/a Allen Barry Livestock in default for failing to submit required prehearing materials or a signed consent agreement. The ALJ assessed a $75,000 penalty for multiple violations of the company's NPDES permit. The Environmental…

October 27, 2011 ·EPA EAB
Modified
COMM

M.W. and U.S. Postal Service, Post Office, Bedford Park, IL

M.W. (ECAB 11-488): Multiple occupational conditions claim denied

M.W., a retired postal carrier, attributed neck, back, leg, and arm conditions to his former work. The Board found that his physician’s reports listed conditions and symptoms but did not adequately describe the work duties or explain medically how those duties caused the conditions. The reports…

October 27, 2011 ·ECAB
Affirmed
COMM

G.S. and U.S. Postal Service, Post Office, Kingsport, TN

G.S. (ECAB 11-459): Overpayment and fault findings upheld

G.S., a postal carrier, received wage-loss compensation for a period after returning to work. The Board upheld OWCP’s $3,694.76 overpayment finding. OWCP had warned G.S. in a July 30, 2008 letter to return any compensation covering a period when he worked, and the checks identified their covered…

October 27, 2011 ·ECAB
Affirmed
COMM

D.V. and U.S. Postal Service, Post Office, Lubbock, TX

D.V. (ECAB 11-445): Additional left leg impairment award denied

D.V., a postal letter carrier, had already received schedule awards totaling 50 percent permanent impairment of his left leg. He sought a separate award after another physician calculated 21 percent impairment using the required guides. The Board found that the new rating covered impairment already…

October 27, 2011 ·ECAB
Affirmed
COMM

W.F. and U.S. Postal Service, Processing & Distribution Center, Southeastern, PA

W.F. (ECAB 11-440): Arm impairment awards returned for proper rating

W.F., a postal employee with earlier awards for both arms, sought increased schedule awards. The Board found gaps in OWCP’s medical adviser’s application of the required impairment guides: the adviser did not explain the carpal tunnel rating method and used incomplete shoulder range-of-motion…

October 27, 2011 ·ECAB
Remanded
COMM

S.T. and U.S. Postal Service, Post Office, Staten Island, NY

S.T. (ECAB 11-342): Compensation claim returned for a merits decision

S.T., a postal employee, sought compensation after OWCP had terminated benefits but later developed his claim and accepted additional medical conditions. OWCP treated his request as an untimely reconsideration application. The Board held that OWCP had itself reopened and developed the relevant…

October 27, 2011 ·ECAB
Remanded
COMM

C.K. and Department of Justice, Bureau of Alcohol, Tobacco & Firearms, Fairview Heights, IL

C.K. (ECAB 11-195): Additional left arm impairment award denied

C.K. had received schedule awards totaling 48 percent permanent impairment of his left arm after an accepted shoulder and nerve injury. Following an earlier Board remand, OWCP’s medical adviser explained that the nerve effects had already been counted in the diagnosis-based rating. The Board…

October 27, 2011 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 3354 (Union) and United States Department of Defense, Defense Contract Management Agency, Salt Lake City, Utah (Agency)

AFGE Local 3354 and DCMA (FLRA 0-AR-4768): Half of requested attorney fees allowed

A Defense Contract Management Agency employee received a five-day suspension after improperly touching a contractor. An arbitrator reduced the suspension to a letter of discipline and awarded backpay, then granted half of the union's requested attorney fees and denied its expenses. The Authority…

October 27, 2011 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Ventilation-plan order reduced to non-S&S citation

MSHA cited Consolidation Coal after an indicator ribbon used to show ventilation-fan operation was not moving in an idle area of Buchanan Mine No. 1. Judge George A. Koutras found a violation of the approved ventilation plan but concluded that the evidence did not establish a reasonably likely…

October 26, 2011 ·George A. Koutras ·FMSHRC
Modified
COMM

A.S. and Peace Corps, Washington, DC

A.S. (ECAB 11-1677): Schedule award reconsideration returned for proper decision

A.S., a former Peace Corps volunteer, requested reconsideration of a prior schedule award denial. The Board found OWCP’s response internally inconsistent about whether it had reviewed the merits and which reconsideration standard applied. The response also listed new evidence without addressing its…

October 26, 2011 ·ECAB
Remanded
COMM

D.C. and Department of Labor, Occupational Safety & Health Administration, Boston, MA

D.C. (ECAB 11-920): Timely knee claim reconsideration returned to OWCP

D.C., a Labor Department employee, requested reconsideration after the Board affirmed denial of her knee injury claim. OWCP rejected the request as late because it counted from an earlier OWCP merits decision. The Board held that its own November 10, 2010 merits decision also started a one-year…

October 26, 2011 ·ECAB
Remanded
COMM

M.G. and Bureau of Alcohol, Tobacco & Firearms, Philadelphia, PA

M.G. (ECAB 11-805): Knee impairment and pay rate returned for review

M.G., a federal criminal investigator, received a schedule award for three percent impairment of his left leg. The Board found that OWCP needed to combine the files for two left knee injuries before rating the impairment, including whether arthritis predated the injuries. It also found the record…

October 26, 2011 ·ECAB
Remanded
COMM

F.T. and Department of Defense, Fort Irwin Commissary, Fort Irwin, CA

F.T. (ECAB 11-705): Unanswered hearing request requires remand

F.T., a commissary employee, challenged a reduction in compensation based on an information clerk position. She requested a hearing after OWCP issued the wage-earning capacity decision, but the record showed no response to her request. OWCP later denied her request to modify that decision. The…

October 26, 2011 ·ECAB
Remanded
COMM

N.C. and U.S. Postal Service, Post Office, Milan, MO

N.C. (ECAB 11-465): Timely overpayment waiver request requires remand

N.C., a postal employee, disputed an overpayment attributed to the pay rate used for his schedule awards. He requested waiver after OWCP sent its preliminary overpayment notice. OWCP did not retain the envelope carrying his request. The Board used the date on his letter and found the request timely…

October 26, 2011 ·ECAB
Remanded
COMM

J.M. and U.S. Postal Service, Post Office, Cherry Hill, NJ

J.M. (ECAB 11-404): Sixth edition impairment rating upheld

J.M., a postal letter carrier, received a schedule award for three percent permanent impairment of his left leg after an accepted ankle injury. He did not challenge the rating itself. He argued that OWCP's delay caused the sixth edition of the A.M.A. Guides to apply and deprived him of a right to…

October 26, 2011 ·ECAB
Affirmed
COMM

A.N. and U.S. Postal Service, Post Office, Tampa, FL

A.N. (ECAB 11-394): Withdrawal of modified work established recurrence

A.N., a postal mail processing clerk, worked in a modified position after an accepted injury. The Postal Service withdrew that assignment through its National Reassessment Program and said no work was available within her restrictions. OWCP denied her recurrence claim, focusing on whether medical…

October 26, 2011 ·ECAB
Vacated
COMM

J.R. and Department of the Treasury, Internal Revenue Service, Kansas City, MO

J.R. (ECAB 11-334): Emotional condition claim denied

J.R., an IRS collections representative, attributed an emotional condition to alleged harassment, discipline, monitoring, and training decisions by her managers. OWCP denied the claim, and the Board examined whether the alleged events were compensable work factors. It found no sufficient evidence…

October 26, 2011 ·ECAB
Affirmed
COMM

K.S. and Department of the Army, Office of Army National Guard, Lincoln, NE

K.S. (ECAB 11-325): Insurance premium overpayment recovery upheld

K.S. received compensation without deductions for health and life insurance premiums over several years. OWCP found a $17,404.55 overpayment, denied waiver, and set recovery at $150 from continuing compensation every 28 days. The Board upheld the overpayment because the premiums should have been…

October 26, 2011 ·ECAB
Affirmed
COMM

R.R. and U.S. Postal Service, Post Office, Trenton, NJ

R.R. (ECAB 11-320): Unreviewed medical report requires remand

R.R., a postal custodian, sought a schedule award for impairment from an accepted lower back injury. OWCP denied the award after relying on a physician's sixth edition impairment assessment. The Board found that OWCP's hearing representative had overlooked another physician's report, received…

October 26, 2011 ·ECAB
Remanded
COMM

E.P. and Department of Energy, Bonneville Power Administration, Portland, OR

E.P. (ECAB 11-279): Part-time earnings could not set wage capacity

E.P., a Bonneville Power Administration lineman, worked full time when he was injured. He later returned to a light-duty clerk position for only 10 hours a week. OWCP used those part-time earnings to set his wage-earning capacity and later refused to modify the determination. The Board found that…

October 26, 2011 ·ECAB
Vacated
COMM

D.D. and Department of Veterans Affairs, Vancouver (Portland) Veterans Administration Medical Center, Vancouver, WA

D.D. (ECAB 11-188): Reconsideration and back injury denials upheld

D.D., a Veterans Affairs electronics mechanic with accepted knee conditions, sought reconsideration of a disability claim and acceptance of a back condition as a consequence of the knee injuries. The Board found that the material submitted with his reconsideration request did not meet the…

October 26, 2011 ·ECAB
Affirmed
COMM

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

J.L. (ECAB 11-164): Referee physician selection not shown

J.L. challenged OWCP's refusal to modify a wage-earning capacity determination based on a dispatcher position. OWCP had given special weight to a referee physician's reports. The Board found that the record lacked evidence showing the physician had been selected through OWCP's impartial rotation…

October 26, 2011 ·ECAB
Remanded
COMM

S.A. and U.S. Postal Service, Post Office, Jersey City, NJ

S.A. (ECAB 11-53): Surgery request returned for impartial review

S.A., a postal mail handler, requested authorization for back surgery after an accepted work injury. OWCP relied on an impartial specialist to resolve conflicting medical opinions and denied the request. The Board found that the record did not establish that OWCP selected the specialist through its…

October 26, 2011 ·ECAB
Remanded
COMM

D.P. and Department of the Interior, National Park Service, Bushkill, PA

D.P. (ECAB 11-50): Injury denial affirmed, emergency care issue remanded

D.P., a National Park Service ranger, was struck by a car mirror during a traffic stop and sought compensation for a back injury. The Board accepted that the incident happened but found that his medical evidence did not adequately establish a diagnosed back injury caused by it. It affirmed the…

October 26, 2011 ·ECAB
Remanded
COMM

H.F. and U.S. Postal Service, Post Office, Chicago, IL

H.F. (ECAB 11-24): Impairment ratings returned for clarification

H.F., a postal flat sorter operator, had accepted arm and shoulder conditions and received schedule awards for both upper extremities. She sought a higher award. The Board found problems in both her physician's rating and OWCP's medical adviser's rating under the A.M.A. Guides. The adviser had not…

October 26, 2011 ·ECAB
Remanded
ALJ

Consolidated Grain & Barge Co.

Two grain-bin items vacated

Consolidated Grain & Barge employees entered a grain bin while a partially guarded sweep auger was operating. The judge found that CGB's instructions to remain a safe distance behind the auger and its use of an outside attendant were not equally effective alternatives to deenergizing or positively…

October 26, 2011 ·Sharon D. Calhoun ·OSHRC
Mixed result
COMM

United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency) and American Federation of Government Employees, Local 2145 (Union)

Richmond VA Medical Center and AFGE Local 2145 (FLRA 0-AR-4779): Arbitration exception denied

The Richmond VA Medical Center challenged an arbitration award involving AFGE Local 2145. The Authority rejected the agency's exception after reviewing the record under the standard in 5 U.S.C. § 7122(a). Its short decision cites the rule that an award is not deficient as based on a nonfact when…

October 26, 2011 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 506 (Union)

FCC Coleman and AFGE Local 506 (FLRA 0-AR-4262): Pay award after fitness exam set aside

After an employee was sent for a fitness-for-duty examination, her union disputed whether she was entitled to representation during it. The Authority had returned an earlier award so the arbitrator could decide whether agency representatives conducted the examination in connection with an…

October 26, 2011 ·FLRA
Set aside
ALJ

Cumberland Coal Resources, LP

Four lifeline penalties increased to $4,000 each on remand

An earlier ALJ decision found four lifeline violations but classified them as non-S&S and assessed $3,000 for each. The Commission reversed the non-S&S determination and remanded for penalty reassessment. Judge Avram Weisberger treated the Commission's S&S holding as requiring a high-gravity…

October 25, 2011 ·Avram Weisberger ·FMSHRC
Modified
COMM

Amreco, LLC

In re Amreco, LLC (EAB CWA Appeal Nos. 11-04 and 11-06): petitions withdrawn and dismissed with prejudice

Amreco, LLC and EPA Region 6 entered into a Consent Agreement and Final Order for each of the two matters before the Environmental Appeals Board. The parties jointly asked to withdraw Amreco's petitions for review. The Board granted the request for good cause and dismissed both petitions with…

October 25, 2011 ·EPA EAB
Procedural
COMM

K.M. and Department of Veterans Affairs, Marion Veterans Center, Marion, IN

K.M. (ECAB 11-1051): Late reconsideration request did not reopen award

K.M. sought further review of a schedule award for left and right leg impairment. She requested OWCP reconsideration more than a year after its award decision. The Board held that her late request did not show clear evidence of error and that she had submitted no new evidence with it. It affirmed…

October 25, 2011 ·ECAB
Affirmed
COMM

W.W. and Department of Transportation, Federal Aviation Administration, Atlantic City, NJ

W.W. (ECAB 11-977): Sixth edition schedule award challenge rejected

W.W., a Federal Aviation Administration engineer, received a schedule award for impairment of his left arm after an accepted upper back injury. His representative did not challenge the rating itself. He argued that OWCP's delay denied him a rating under the fifth edition of the A.M.A. Guides. The…

October 25, 2011 ·ECAB
Affirmed
COMM

D.V. and U.S. Postal Service, Post Office, Manchester, NH

D.V. (ECAB 11-954): Injury claim failed without medical evidence

D.V., a postal general expeditor, said she hurt her right shoulder when she tripped over a handjack at work. OWCP accepted that the trip occurred but denied the injury claim. The Board found that she had submitted no medical evidence establishing a diagnosed condition caused by the incident. It…

October 25, 2011 ·ECAB
Affirmed
COMM

J.K. and Department of Veterans Affairs, Veterans Administration Medical Center, Boston, MA

J.K. (ECAB 11-914): Late reconsideration request denied

J.K. sought reconsideration of an old decision about an irritable bowel syndrome and emotional condition claim. Her request came nearly ten years after the July 31, 2000 merit decision and nearly nine years after the one-year deadline, so OWCP required clear evidence of error. The Board found that…

October 25, 2011 ·ECAB
Affirmed
COMM

I.B. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY

I.B. (ECAB 11-712): Sixth edition wrist award upheld

I.B., a Veterans Affairs administrative officer, received a schedule award for one percent impairment of her left arm after an accepted wrist condition. Her representative did not dispute the impairment rating itself. He argued that OWCP had delayed the award until the sixth edition of the A.M.A…

October 25, 2011 ·ECAB
Affirmed
COMM

J.T. and U.S. Postal Office, Post Office, Niles, OH

J.T. (ECAB 11-701): No ratable left arm impairment shown

J.T., a postal city carrier, sought a schedule award after OWCP accepted left hand tendinitis from a work injury. One physician rated a severe left arm impairment, but the Board found that he did not explain how the accepted condition caused that degree of permanent loss. Another physician found no…

October 25, 2011 ·ECAB
Affirmed
COMM

D.L. and U.S. Postal Service, Post Office, Riverdale, IL

D.L. (ECAB 11-660): Benefit termination returned for impartial review

D.L., a postal letter carrier, lost wage-loss and medical benefits when OWCP found that his accepted injuries had resolved. OWCP relied on a specialist selected to resolve conflicting medical opinions. The Board found that the selection records did not show that OWCP had followed its impartial…

October 25, 2011 ·ECAB
Remanded
COMM

J.M. and U.S. Postal Service, Midway Post Office, San Diego, CA

J.M. (ECAB 11-651): Foot injury incident established, medical issue remanded

J.M., a postal mail handler, said a container bar struck his left foot at work. OWCP denied his fracture claim because it doubted that the incident happened as described. The Board found the incident established: his supervisor did not dispute the bar strike, and the medical record explained why…

October 25, 2011 ·ECAB
Remanded
COMM

R.J. and Department of Veterans Affairs, Veterans Affairs Medical Center, Milwaukee, WI

R.J. (ECAB 11-570): Missing claim file requires schedule award remand

R.J. challenged an additional schedule award for impairment of his legs. OWCP had deducted impairment it said was already paid under a separate claim file. The Board did not have that file and could not review OWCP's calculation. It set aside the decision and directed OWCP to combine the files and…

October 25, 2011 ·ECAB
Remanded
COMM

L.R. and Department of Veterans Affairs, Veterans Affairs Medical Center Prosthetics, Los Angeles, CA

L.R. (ECAB 11-541): Prior knee claim file needed for review

L.R., a Veterans Affairs orthotist and prosthetist, claimed that his work aggravated a preexisting left knee condition. OWCP denied the claim while referring to a separate accepted knee injury file. The Board found that OWCP had copied only selected records from the earlier file and had not…

October 25, 2011 ·ECAB
Remanded
COMM

D.G. and Department of Homeland Security, Transportation Security Administration, Dallas/Fort Worth International Airport, Coppell, TX

D.G. (ECAB 11-360): Wage capacity reduction and refusal to modify upheld

D.G., a Transportation Security Administration screener with accepted back conditions, challenged a reduction in compensation based on a constructed customer service position. He also sought modification of the wage-earning capacity determination. The Board found that the position matched his…

October 25, 2011 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, North Metro, GA

J.S. (ECAB 11-357): Injury and medical expense claims denied

J.S., a postal employee, claimed an injury from an accepted workplace incident and sought payment of treatment expenses. The Board found that the only submitted medical report came from a physician assistant, who was not a physician under FECA, and that she had no reasoned medical evidence linking…

October 25, 2011 ·ECAB
Affirmed
COMM

D.O. and Department of Justice, Bureau of Prisons, New York, NY

D.O. (ECAB 11-350): Sixth edition knee award challenge rejected

D.O., a Bureau of Prisons maintenance foreman, challenged the edition of the A.M.A. Guides used for a schedule award after a right leg injury. His representative did not dispute the impairment amount itself. The Board held that D.O. had no vested right to the fifth edition and that the edition in…

October 25, 2011 ·ECAB
Affirmed
COMM

R.V. and U.S. Postal Service, Post Office, Eatontown, NJ

R.V. (ECAB 11-250 and 11-251): Arm awards returned for impartial review

R.V., a postal employee, appealed separate two percent impairment findings for his right and left arms. OWCP relied on the same impartial medical specialist for both awards. The Board found that the record did not establish that OWCP properly selected that specialist through its impartial…

October 25, 2011 ·ECAB
Remanded
COMM

R.V. and U.S. Postal Service, Post Office, Eatontown, NJ

R.V. (ECAB 11-250 and 11-251): Arm awards returned for impartial review

R.V., a postal employee, appealed separate two percent impairment findings for his right and left arms. OWCP relied on the same impartial medical specialist for both awards. The Board found that the record did not establish that OWCP properly selected that specialist through its impartial…

October 25, 2011 ·ECAB
Remanded
COMM

K.P. and U.S. Postal Service, Roxanne Jones Station, Philadelphia, PA

K.P. (ECAB 11-244): Five percent arm award upheld

K.P., a postal letter carrier, sought more than the five percent right arm impairment award she received for a carpal tunnel condition. Her physician proposed a much higher rating using grip and pinch strength measurements. The Board found that he did not justify using those measures under the…

October 25, 2011 ·ECAB
Affirmed
COMM

R.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ

R.G. (ECAB 11-38): Residence counselor wage capacity upheld

R.G. argued that he lacked the training needed for the residence counselor position OWCP used to calculate his wage-earning capacity. The Board found that his health management degree, coursework, and supervised work experience gave him adequate vocational preparation. It also found no evidence…

October 25, 2011 ·ECAB
Affirmed
COMM

Conoco Phillips Bayway Refinery

Asbestos items reclassified as serious

The Commission had previously affirmed nine asbestos-in-construction items as other-than-serious and assessed $350 per item. The Third Circuit vacated that order and directed the Commission to classify the violations as serious and reconsider the penalties. On remand, the Commission considered that…

October 25, 2011 ·OSHRC
Modified
COMM

United States Department of the Treasury, Internal Revenue Service, Atlanta Compliance Services, Jacksonville, Florida (Agency) and National Treasury Employees Union, Chapter 16 (Union)

IRS Jacksonville and NTEU Chapter 16 (FLRA 0-AR-4553): Meeting remedy challenges dismissed

An IRS office stopped routinely inviting NTEU Chapter 16 to its weekly team meetings. An arbitrator found that the meetings were formal discussions and that excluding the union violated both the federal labor statute and the parties' agreement. He ordered the office to restore union invitations and…

October 25, 2011 ·FLRA
Procedural
ALJ

The American Coal Company

Safeguard cases resolved for $123,800

MSHA litigated three safeguard citations and settled numerous other violations involving American Coal's Galatia Mine. Judge Richard W. Manning affirmed a longwall-walkway citation with a $1,000 penalty because accumulated coal and rock created a serious travel hazard, while finding low negligence…

October 24, 2011 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

P.S. and U.S. Postal Service, Processing & Distribution Facility, Savannah, GA

P.S. (ECAB 11-1006): No ratable leg impairment shown

P.S., a postal laborer and custodian, sought a schedule award after surgery for an accepted lumbar condition. Her surgeon rated a whole-person impairment under an earlier edition of the A.M.A. Guides. The Board found that the record did not establish a ratable impairment of either leg under the…

October 24, 2011 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, General Mail Facility, Albany, NY

T.B. (ECAB 11-913): Carpal tunnel award and reconsideration denials upheld

T.B., a postal clerk with accepted right carpal tunnel syndrome, sought a schedule award. The Board found that her physician's note did not rate permanent impairment under the A.M.A. Guides and that another physician's rating came from a telephone conversation without an examination. It also found…

October 24, 2011 ·ECAB
Affirmed
COMM

C.B. and U.S. Postal Service, Westchester Performance Cluster, White Plains, NY

C.B. (ECAB 11-854): Recurrence claim lacked a medical link

C.B., a postal city carrier, returned to full-time work after an accepted lumbar injury and later stopped working again. She claimed a recurrence of disability. The Board found that her physician described other pain conditions but did not adequately explain how they followed from the accepted…

October 24, 2011 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, New Orleans, LA

J.B. (ECAB 11-816): Disability periods returned for medical development

J.B., a postal mail processor, sought disability compensation for two periods tied to an accepted work-related anxiety disorder. OWCP had asked a psychiatrist to address the connection and the periods of disability. The Board found that the report did not adequately explain how the accepted…

October 24, 2011 ·ECAB
Remanded
COMM

L.A. and U.S. Postal Service, Post Office, Jessup, MD

L.A. (ECAB 11-585): Benefit termination reversed over medical conflict

L.A., a postal mail clerk, received benefits for an accepted condition after workplace exposure during remodeling. OWCP terminated wage-loss compensation based on a second-opinion physician's view that her symptoms were unrelated to work; medical benefits were unaffected. The Board found an…

October 24, 2011 ·ECAB
Vacated
COMM

D.P. and Peace Corps, Thailand

D.P. (ECAB 11-369): Impairment evaluation returned for urinary function review

D.P., a Peace Corps volunteer injured in a vehicle crash, sought a higher schedule award for pelvic injury effects. The Board held that FECA did not provide a separate schedule award for bladder impairment. It found that the medical examiner had not addressed whether impaired urinary function…

October 24, 2011 ·ECAB
Remanded

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.