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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D.M. and Department of the Navy, Kings Bay Submarine Base, Kings Bay, GA
D.M. (ECAB 11-775): Increased left leg award denied
D.M., a Navy employee, sought an increased left lower extremity schedule award. The physician’s proposed higher rating lacked detailed examination findings, failed to identify the affected nerve, and did not explain the grade modifiers used. The Board found that evidence insufficient to prove more…
M.M. and U.S. Postal Service, Processing & Distribution Center, Springfield, MA
M.M. (ECAB 11-761): Late reconsideration request rejected
M.M. sought reconsideration of an older decision about a claimed cervical condition after a work incident. The request was untimely. The Board found that the submitted records did not provide a causal medical opinion or show an obvious error in the earlier decision. It affirmed OWCP’s refusal to…
C.C. and Tennessee Valley Authority, Allen Fossil Plant, Chattanooga, TN
C.C. (ECAB 11-731): Tinnitus schedule award denied
C.C., a power plant worker, sought a schedule award for tinnitus following noise exposure. The Board found that his hearing loss was not ratable under the governing impairment standards. Tinnitus could support an additional award only when accompanied by ratable hearing loss. It affirmed the denial.
S.G. and U.S. Postal Service, Post Office, Eatontown, NJ
S.G. (ECAB 11-611): Eight percent left arm award affirmed
S.G., a postal employee, sought a larger schedule award for her left arm. The Board reviewed the medical ratings under the sixth edition of the A.M.A. Guides and found no established impairment above eight percent. It affirmed the award. This October 11 release is a distinct original decision; a…
S.M. and U.S. Postal Service, Post Office, Westbrook, ME
S.M. (ECAB 11-416): Disability compensation from accepted thumb injuries denied
S.M., a postal employee with accepted bilateral thumb tendinitis, claimed disability compensation beginning June 22, 2005. The Board found that the medical reports did not adequately explain how the accepted injuries caused the increased restrictions and inability to work during that period. It…
C.M. and U.S. Postal Service, Post Office, Indianapolis, IN
C.M. (ECAB 11-175): Termination of injury benefits affirmed
C.M., a postal employee, challenged OWCP’s termination of benefits for accepted employment conditions. The Board found that OWCP’s medical evidence established that the accepted conditions had resolved by January 16, 2007. Her later evidence did not establish continuing disability caused by those…
Z.S. and Department of the Air Force, Wright-Patterson Air Force Base, OH
Z.S. (ECAB 11-842): Reconsideration remanded for merit review
Z.S. sought reconsideration of an OWCP decision concerning the effects of physical therapy. The Board found that she argued OWCP had misapplied a specific provision of its procedure manual concerning agency health service programs, an argument OWCP had not addressed. Her request therefore met the…
C.B. and Department of Homeland Security, Transportation Security Administration, Baltimore, MD
C.B. (ECAB 11-825): Bilateral knee condition claim denied
C.B., a transportation security employee, attributed knee synovitis to standing and walking at work. The Board found that the medical reports diagnosed the condition but did not explain how the established duties caused it. Her own account of what a doctor had said could not replace a medical…
P.G. and U.S. Postal Service, Post Office, Newburgh, NY
P.G. (ECAB 11-792): Cervical and shoulder occupational claim denied
P.G., a postal employee, claimed that work caused cervical and shoulder conditions. The Board found that a physician’s account of her work assumed sustained duties that conflicted with her actual intermittent schedule. The opinion also did not adequately explain how those duties caused the…
D.P. and U.S. Postal Service, Post Office, Red Bank, NJ
D.P. (ECAB 11-709): Eight percent left arm award affirmed
D.P., a postal employee, sought a higher left arm schedule award. The Board accepted a sixth-edition rating of six percent wrist impairment and two percent elbow impairment. The combined rating was eight percent, and the record did not establish more. It affirmed the award.
S.S. and Department of Homeland Security, Federal Law Enforcement Training Center, Glynco, GA
S.S. (ECAB 11-623): Workplace infection claim denied
S.S., an employee at a law enforcement training center, attributed an infection to bacteria encountered at work. OWCP accepted that S.S. was exposed to bacteria at work. The medical reports also did not adequately explain how work caused the diagnosed conditions. It affirmed the claim denial.
D.A. and U.S. Postal Service, Cardiss Collins Post Office, Chicago, IL
D.A. (ECAB 11-622): Schedule award and reopening requests denied
D.A., a postal employee, sought a schedule award for accepted postconcussion syndrome and panic disorder. The Board found no established ratable permanent impairment of a covered body member. Her reconsideration request supplied no pertinent new rating evidence or qualifying argument. It affirmed…
B.D. and Tennessee Valley Authority, Watts Bar Nuclear Plant, Spring City, TN
B.D. (ECAB 11-547): Overpayment and repayment affirmed
B.D., a Tennessee Valley Authority worker, received compensation at an incorrect pay rate. The Board upheld OWCP’s calculation of an $11,129.97 overpayment. It found that he was not entitled to a waiver and that OWCP reasonably set deductions from his continuing payments after reviewing his…
L.T. and U.S. Postal Service, Post Office, Bedford Park, IL
L.T. (ECAB 11-513): Recurrence of disability claim denied
L.T., a postal employee with an accepted 1996 shoulder injury, claimed a recurrence of disability in January 2010. Her physician did not adequately explain how the earlier accepted condition caused the new inability to work. The report also did not address the effect of her later duties or provide…
W.J. and Department of Homeland Security, Transportation Security Administration, Philadelphia, PA
W.J. (ECAB 11-495): Schedule award denied after injury residuals ended
W.J. sought a schedule award for permanent impairment from an accepted work injury. An earlier Board decision had upheld the finding that residuals of the accepted conditions had ended. His later medical evidence did not adequately establish a permanent impairment of a covered body member caused by…
J.T. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.T. (ECAB 11-442): One percent awards for each arm affirmed
J.T., a postal clerk, sought larger schedule awards for both arms. The Board found that the sixth edition of the A.M.A. Guides governed the award decision and supported one percent impairment of each arm. Her argument for use of an earlier edition did not change the applicable rating method. The…
Haberle Steel, Inc.
Unsecured steel plate citation affirmed
Haberle Steel stored large steel plates on edge in an outdoor rack at its Pennsylvania fabrication shop. An employee died after a nearly vertical plate tipped and pinned him against another plate. OSHA cited the company under the material-storage standard because nothing prevented that plate from…
L.C. and U.S. Postal Service, Post Office, Columbus, OH
L.C. (ECAB 11-214): Additional bilateral arm award denied
L.C., a postal worker, sought greater schedule awards for accepted hand, wrist, and shoulder conditions. The current ratings rested on limited shoulder motion and were lower than the 20 percent right arm and 21 percent left arm impairment already compensated. The Board found no evidence of higher…
T.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Long Beach, CA
T.M. (ECAB 11-78): Medical assistant wage capacity finding reversed
T.M. challenged a reduction of benefits based on a proposed medical assistant job. The Board found that OWCP had not evaluated whether she could realistically compete for that work given her age, long absence from employment, old nursing training, and uncertain computer skills. A vocational…
McCoy Elkhorn Coal Corp.
Accumulation and preshift violations affirmed, individual cases split
MSHA cited McCoy Elkhorn's underground No. 15 Mine for extensive combustible coal accumulations and an inadequate preshift examination, and it sought personal penalties against three section foremen. Judge Jerold Feldman affirmed the accumulation violation as S&S and an unwarrantable failure…
Matter of Daniel Edgar ZAMORA-MOLINA
Naturalization changes preference classification
The Board reviewed the appeal of a Mexican national whose mother filed a visa petition for him as the child of a lawful permanent resident and later naturalized. It held that his biological age on the date of his mother's naturalization controlled whether he qualified as an immediate relative, so…
D.B. and U.S. Postal Service, Post Office, Medford, OR
D.B. (ECAB 11-715): Treatment authorization and late record review denied
D.B., a postal employee, sought authorization for additional medical treatment. The Board found that the evidence did not establish entitlement to the requested procedures. His request for review of the written record was postmarked more than 30 days after OWCP’s decision. OWCP reasonably declined…
H.S. and U.S. Postal Service, Post Office, Grand Rapids, MI
H.S. (ECAB 11-679): Left hand and shoulder injury claim denied
H.S., a postal employee, reported pain while handling a heavy parcel at work. The Board found that the physician’s possible diagnoses lacked firm findings and adequate explanation linking a condition to the event. Reports from therapists could not supply the physician evidence required by FECA. It…
C.K. and U.S. Postal Service, Post Office, Knoxville, TN
C.K. (ECAB 11-654): Knee injury claim remanded for medical development
C.K., a postal carrier, reported that his knee buckled while stooping at work. The medical evidence did not fully prove that the incident caused or aggravated his knee condition, especially given a preexisting fracture. It nonetheless raised an uncontroverted inference of a work connection. The…
D.J. and U.S. Postal Service, Post Office, Broadview Heights, OH
D.J. (ECAB 11-609): Left elbow injury claim denied
D.J., a postal clerk, attributed left elbow pain to pushing an accountables cage at work. The Board found that the physician did not explain how that event caused the diagnosed lateral epicondylitis. OWCP had requested a reasoned causal opinion, but none was supplied. The Board affirmed the denial.
L.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
L.H. (ECAB 11-592): Termination of compensation affirmed
L.H., a postal employee, challenged the termination of benefits for accepted medical conditions. The Board found that OWCP’s medical evidence supported ending compensation effective September 4, 2009. Her later evidence did not establish continuing disability from the accepted conditions. It…
M.G. and U.S. Postal Service, Post Office, Woodstown, NJ
M.G. (ECAB 11-481): Bilateral carpal tunnel schedule award denied
M.G., a postal employee, sought an impairment award for accepted bilateral carpal tunnel syndrome. The Board found that the medical evidence did not establish ratable permanent impairment of either upper extremity. Her claim of a conflict between medical opinions did not change that conclusion. It…
L.V. and Department of the Navy, Marine Corps Miramar, San Diego, CA
L.V. (ECAB 11-451): Leg impairment rating remanded
L.V. sought a schedule award above 39 percent for left leg impairment. The Board found that OWCP’s medical adviser had not explained how the sixth edition of the A.M.A. Guides produced his rating for spinal nerve impairment affecting the leg. OWCP needed further development and proper application…
R.P. and U.S. Postal Service, Post Office, Seattle, WA
R.P. (ECAB 11-368): Right shoulder injury claim denied
R.P., a postal employee, attributed a right shoulder condition to a December 6, 2009 work incident. The Board found that the medical reports did not adequately explain a causal connection between that event and the diagnosed condition. It affirmed OWCP’s denial.
K.T. and U.S. Postal Service, Processing and Distribution Center, Little Rock, AR
K.T. (ECAB 11-278): Claimed 2007 recurrence of disability denied
K.T., a Postal Service building equipment mechanic, sought wage-loss compensation for a period in 2007 after an accepted 2004 injury. The Board found that the medical record did not adequately connect his inability to work during the claimed period to the accepted conditions. It affirmed the…
K.R. and Department of the Army, Tank-Automotive Command, Warren, MI
K.R. (ECAB 11-264): Benefits termination and hearing refusal affirmed
K.R., an Army employee, challenged termination of benefits effective May 10, 2010. The Board found that OWCP’s medical evidence established no remaining work-related residuals. It also upheld OWCP’s denial of her oral hearing request. The Board affirmed both decisions.
C.L. and Department of Veterans Affairs, Veterans Administration Medical Center, San Diego, CA
C.L. (ECAB 11-193): Back injury recurrence remanded for impartial opinion
C.L. claimed a recurrence of disability after an accepted 1985 back injury and surgery. One physician linked part of her later condition to that injury, while another rejected the connection. The Board found a conflict in medical opinion requiring an impartial specialist. It set aside the denial…
Cumberland Coal Resources, LP
Defectively placed lifelines held S&S
Four escapeway lifelines at Cumberland's underground coal mine were hung too high, above equipment or cables, or from J-hooks facing different directions. An ALJ found the violations but ruled that they were not S&S because MSHA had not shown that a fire or explosion was reasonably likely. The…
M.P. and Department of Homeland Security, Transportation Security Administration, Charlotte, NC
M.P. (ECAB 11-762): Claimed wrist injury while lifting bag denied
M.P., an airport security screener, reported wrist pain after lifting a bag in March 2010. The Board found that the medical evidence did not adequately establish a diagnosed injury caused by the reported work event. A wrist spasm described in the record was a symptom rather than a diagnosis. It…
Y.M. and U.S. Postal Service, General Mail Facility, Denver, CO
Y.M. (ECAB 11-730): Recurrence of carpal tunnel condition denied
Y.M., a postal clerk with accepted bilateral carpal tunnel syndrome and forearm tenosynovitis, claimed a recurrence in September 2009. The Board found that the medical reports did not adequately link the renewed symptoms to the accepted conditions. It affirmed the recurrence denial.
H.C. and Department of the Army, Army Corps of Engineers, Clewiston, FL
H.C. (ECAB 11-716): Timely reconsideration request remanded
H.C., an Army crane operator, requested reconsideration of an earlier injury-claim decision. OWCP rejected the request as late. The Board found that OWCP received the request on the final day of the one-year filing period, making it timely. It set aside the rejection and remanded for OWCP to…
A.H. and U.S. Postal Service, Dockweiler Station, Los Angeles, CA
A.H. (ECAB 11-714): Fault finding and overpayment recovery affirmed
A.H., a postal carrier, received $811.47 in excess compensation. The Board found that he was at fault in creating the overpayment, which barred waiver. Because he did not provide a completed financial questionnaire, OWCP set recovery at $75 from each continuing payment using the information…
L.T. and U.S. Postal Service, Post Office, Newark, NJ
L.T. (ECAB 11-683): Hand and knee injury claim denied
L.T., a postal carrier, claimed that work had caused conditions affecting her hands and knees. The Board found that the evidence before OWCP did not establish the claimed conditions in the performance of duty. Evidence first submitted on appeal could not be considered in this review. The Board…
D.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Perry Point, MD
D.S. (ECAB 11-634): Patient altercation injury claim remanded
D.S., a nurse, reported injuries while helping restrain a patient at work. The Board found her account of the December 2009 incident consistent and supported by other evidence. OWCP had rejected the claim without assessing the medical evidence because it thought the incident was unproven. The Board…
R.H. and U.S. Postal Service, Post Office, Louisville, KY
R.H. (ECAB 11-535): Claimed hip injury incident unproven
R.H., a postal clerk, said she injured her hip while pushing a mail cart in June 2009. The Board found that the evidence did not sufficiently establish that the claimed event occurred as described. Because the work incident was not proven, it did not need to reach medical causation. It affirmed the…
E.A. and Social Security Administration, North Hollywood, CA
E.A. (ECAB 11-508): Rescission of work factors and benefit termination affirmed
E.A., a Social Security Administration employee, challenged OWCP’s withdrawal of previously accepted work factors and termination of compensation. The Board found that the disputed factors lacked evidentiary support. It also credited a reasoned medical opinion that the remaining work-related…
S.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilmington, DE
S.C. (ECAB 11-506): Left arm impairment dispute remanded
S.C., a Veterans Affairs employee, sought a left arm schedule award above five percent for an accepted elbow condition. The Board found a conflict between medical opinions about the extent of permanent impairment. An impartial specialist was needed before OWCP could fix the rating. It set aside the…
C.C. and U.S. Postal Service, Processing and Distribution Center, Carol Stream, IL
C.C. (ECAB 11-496): Reconsideration request rejected without merit review
C.C., a postal supervisor, requested reconsideration of an earlier decision concerning disability in 2008. Her new medical reports did not address the relevant 2008 period, and other submissions had already been considered. She offered no qualifying new legal argument. The Board affirmed OWCP’s…
L.C. and Department of the Army, Red River Army Depot, Texarkana, TX
L.C. (ECAB 11-422): Suitable-work benefit termination reversed
L.C., an Army employee, lost benefits after OWCP said she abandoned an offered modified job. The Board found that the offer did not adequately specify physical duties, schedule, or whether the position was permanent. Without those details, OWCP could not establish that the job was suitable. The…
I.F. and U.S. Postal Service, Post Office, Richmond, VA
I.F. (ECAB 11-364): Two percent left leg award affirmed
I.F., a postal employee, sought a higher left leg schedule award. He described daily limitations, but the Board found that the medical ratings did not establish impairment above two percent under the applicable Guides. It affirmed the award.
G.M. and U.S. Postal Service, Post Office, Baton Rouge, LA
G.M. (ECAB 11-235): Work stress claim remanded for medical review
G.M., a postal supervisor, attributed depression and anxiety to workplace stress. The Board found that some claimed factors were established, including additional duties during staffing shortages and a threatening encounter with a coworker. OWCP had to evaluate medical evidence in light of those…
D.M. and U.S. Postal Service, Carrier Annex, New Brunswick, NJ
D.M. (ECAB 11-194): Wage-loss claim after temporary job ended denied
D.M. sought wage-loss compensation after her temporary postal appointment ended in September 2008. The Board found that the end of her appointment resulted from reduced mail volume rather than her accepted finger fractures. No medical evidence tied the claimed disability period to the injury. It…
W.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MS
W.D. (ECAB 11-823): Knee injury claim after chair incident denied
W.D., a Veterans Affairs employee, reported hurting his knees when a chair rolled away as he tried to sit. The Board found that the medical evidence did not adequately establish a diagnosed knee injury caused by the reported event. It affirmed the claim denial.
R.P. and U.S. Postal Service, Office of the Inspector General, San Juan, Puerto Rico
R.P. (ECAB 11-739): Palm abrasions recognized after assault
R.P. reported injuries after being pushed from a vehicle during a work assault. The Board found that his fall and a physician’s findings established abrasions to both palms. The record lacked a firm diagnosis and causal proof for claimed shoulder and chest injuries. It affirmed OWCP’s decision as…
W.E. and U.S. Postal Service, Processing and Distribution Center, Tucson, AZ
W.E. (ECAB 11-724): Work incident recognized but injury claim denied
W.E., a postal mechanic, reported a September 2009 work incident and later missed a scheduled oral hearing. The Board found that the incident occurred as described but that medical evidence did not establish a resulting injury. OWCP had properly mailed hearing notice, and he neither appeared nor…
M.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Alexandria, LA
M.M. (ECAB 11-681): Wage-capacity modification remanded for medical review
M.M. sought modification of a wage-earning capacity decision, saying her accepted injury had worsened. OWCP accepted a consequential shoulder condition but did not determine whether it materially worsened her work capacity. The Board found the record incomplete on that question. It set aside the…
S.M. and U.S. Postal Service, Delivery Distribution Center, Monsey, NY
S.M. (ECAB 11-596): Left leg award reduced to 72 weeks
S.M., a retired postal employee, sought a rating above 25 percent for her left leg. The Board found that the medical evaluation supported 25 percent impairment under the sixth edition of the A.M.A. Guides. It also found that OWCP had miscalculated the number of weeks payable for that percentage…
J.C. and Department of Homeland Security, U.S. Border Patrol Academy, Imperial Beach Station, San Diego, CA
J.C. (ECAB 11-586): Eight percent left arm award affirmed
J.C. sought a higher award for permanent impairment of his left arm. The Board found that the medical evidence did not establish impairment beyond the eight percent already awarded. It affirmed OWCP’s decision.
A.J. and Smithsonian Institution, Anacostia Museum, Suitland, MD
A.J. (ECAB 11-381): Benefits termination after accepted fall affirmed
A.J., a museum security guard, challenged the termination of benefits after an accepted 2008 fall. The Board found that OWCP met its burden to show the accepted injury no longer caused compensable residuals by March 19, 2009. Her later medical evidence did not prove continuing disability from that…
R.C. and Department of Transportation, Federal Aviation Administration, North Charleston, SC
R.C. (ECAB 11-333): Charter pilot wage-capacity reduction reversed
R.C. challenged a reduced benefit rate based on supposed ability to work as an airline or charter pilot. The Board found that OWCP had not documented that the selected job was reasonably available in his local labor market. A vocational conclusion without supporting employment data did not meet…
E.I. du Pont de Nemours and Company
In re E.I. du Pont de Nemours and Company (EAB TSCA Appeal No. 11-04(C)): $52,500 penalty settlement approved
The United States Environmental Protection Agency and E.I. du Pont de Nemours and Company signed and consented to entry of an attached Consent Agreement under Section 16 of the Toxic Substance Control Act. The Environmental Appeals Board incorporated that agreement into its Final Order. The Board…
Jet Materials
Default vacated for lack of a show-cause order
An ALJ entered default against Jet Materials and assessed penalties totaling $18,123 after the company failed to comply with a prehearing order and did not join a conference call. The Commission held that Rule 66 required the judge to issue an order to show cause before entering default. Missing a…
United States Department of Defense, United States Air Force, 325th Fighter Wing, Tyndall Air Force Base, Florida (Respondent) and American Federation of Government Employees, Local 1113, AFL-CIO (Charging Party/Union)
Tyndall Air Force Base and AFGE Local 1113 (FLRA AT-CA-05-0293): Union notice and schedule-change violations found
An Air Force employee at Tyndall Air Force Base called security police after a workplace dispute involving a union representative and a labor relations specialist. Managers then met with her without giving the union notice, placed her on administrative leave, and changed her work schedule. The…
G.L. and U.S. Postal Service, Post Office, Covington, VA
G.L. (ECAB 11-767): Right arm award reopening refused
G.L., a postal carrier, sought reconsideration of a denial of a right arm schedule award. His request did not supply pertinent new medical evidence about permanent impairment or a qualifying legal argument. The Board affirmed OWCP’s refusal to reopen the merits.
T.H. and U.S. Postal Service, Post Office, Tulsa, OK
T.H. (ECAB 11-756): Claimed wage-loss period denied
T.H., a postal employee, sought wage-loss compensation for a past period after an accepted injury. The medical reports did not provide a probative opinion about her ability to work during that specific period. Later examinations concerned her current condition rather than the claimed dates. The…
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.