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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J.G. and Department of the Navy, Naval Air Weapons Station, China Lake, CA
J.G. (ECAB 11-366): Timely reconsideration request remanded
J.G., a Navy employee, sought reconsideration of an earlier claim decision. OWCP treated the request as untimely and required clear evidence of error. The Board found it was timely, so that demanding standard did not apply. It set aside the refusal and remanded for review under the correct standard.
E.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Richmond, VA
E.P. (ECAB 11-216): Claimed disability from cervical injury denied
E.P., a Veterans Affairs employee, claimed disability during a period following accepted neck and arm conditions. The Board found that the medical reports did not adequately link the claimed inability to work to those accepted conditions. Reports about a lumbar condition and surgery did not…
L.Q. and Department of Veterans Affairs, Veterans Health Administration, Iron Mountain, MI
L.Q. (ECAB 11-66): Emotional condition claim denied
L.Q., a Veterans Affairs employee, attributed an emotional condition to a heavy workload, staffing shortages, frequent calls, missed breaks and personnel actions. The Board found that the workload allegations were not established and that no supervisory error or abuse made the personnel actions…
R.V. and U.S. Postal Service, Post Office, Seattle, WA
R.V. (ECAB 11-54): Emotional condition claim remanded for medical review
R.V., a postal employee, attributed an emotional condition to workplace verbal abuse. The Board found that documented altercations rose to a compensable work factor, contrary to OWCP’s decision. OWCP had not analyzed the medical evidence because it found no compensable factor. The Board set aside…
D.P. and U.S. Postal Service, Post Office, Southeastern, PA
D.P. (ECAB 10-2399): Impartial physician selection remanded for proof
D.P., a postal employee, challenged OWCP’s reliance on an impartial medical specialist. The record did not show that OWCP had followed its rotational selection procedure when appointing that physician. Without that proof, the Board could not give the opinion the special weight assigned to an…
S.M. and U.S. Postal Service, Post Office, Philadelphia, PA
S.M. (ECAB 10-2382): Part-time wage-capacity determination reversed
S.M., a postal employee, sought modification of an earlier wage-earning capacity finding. The Board found the original determination erroneous because it relied on a part-time position despite his full-time job at the time of injury. OWCP therefore should have modified it. The Board reversed the…
B.S. and Office of Personnel Management, Federal Investigations Division, Denver, CO
B.S. (ECAB 10-2343): New impartial physician ordered
B.S., an Office of Personnel Management employee, challenged OWCP’s choice of an impartial physician. The records offered to prove rotational selection were illegible, even after an earlier Board remand for that documentation. The Board found that OWCP had not shown a fair selection. It set aside…
T.B. and U.S. Postal Service, Post Office, East Hampton, NY
T.B. (ECAB 10-2336): Claim sent for review of the full record
T.B., a former postal carrier, sought reconsideration of a decision treating his emotional condition claim as late. He argued that the employer knew of the claimed work-related condition within the relevant period. The Board found this was a new, relevant legal argument warranting merit review. It…
J.N. and U.S. Postal Service, Lancaster Processing and Distribution Center, Lancaster, PA
J.N. (ECAB 10-2308): Disability and cervical surgery dispute remanded
J.N., a postal employee, claimed renewed total disability and a cervical condition requiring surgery after accepted injuries. The Board found that the specialist opinion used to resolve the medical conflict did not adequately explain its causation conclusions or address whether the surgery was…
Y.H. and Internal Revenue Service, Chamblee, GA
Y.H. (ECAB 10-2148): Insurance-premium overpayment affirmed
Y.H., an IRS employee, received excess compensation because OWCP had not deducted health and life insurance premiums for a period in 2010. Although she was not at fault, the Board found that this alone did not require waiver. The record supported OWCP’s denial of waiver and its $267.42 overpayment…
P.R. and U.S. Postal Service, Remote Encoding Center, Beaumont, TX
P.R. (ECAB 10-2034): Carpal tunnel disability recurrence denied
P.R., a postal employee with accepted carpal tunnel syndrome, sought wage-loss benefits for a claimed 2010 recurrence. The Board found that the medical record did not adequately establish total disability during that period caused by the accepted condition. It affirmed the denial.
V.V. and Department of Defense, Inspector General, Baltimore, MD
V.V. (ECAB 10-1454): Botox treatment denial affirmed with physician-status change
V.V., a Defense Department employee, sought authorization for Botox injections. The Board found the supporting physician opinion too weak to create a medical conflict, so OWCP’s later referral physician had second opinion status rather than impartial status. The weight of medical evidence still…
C.P. and Department of the Navy, Atlantic Ordnance Command, Colts Neck, NJ
C.P. (ECAB 10-1247): Impartial physician selection remanded
C.P., a Navy employee, challenged OWCP’s reliance on an impartial physician. The record did not adequately document that OWCP had followed its rotational selection procedure. The Board found that the opinion could not receive special impartial weight without that showing. It set aside the decision…
P.D. and U.S. Postal Service, Post Office, Marlton, NJ
P.D. (ECAB 10-1031): Impartial physician selection remanded
P.D., a postal employee, challenged OWCP’s use of an impartial medical specialist. The record did not show that OWCP followed the required rotational selection procedure. The Board set aside the decision and directed selection of another specialist before a new decision.
E.S. and U.S. Postal Service, Post Office, Philadelphia, PA
E.S. (ECAB 10-644): Compensation termination reversed
E.S., a postal employee, challenged termination of benefits based on a purported impartial physician’s opinion. OWCP did not adequately document that the physician was chosen through its required rotational system. That left the medical opinion conflict unresolved and could not support termination…
H.W. and U.S. Postal Service, Post Office, Burnsville, MN
H.W. (ECAB 10-404): Impartial physician selection remanded
H.W., a postal employee, challenged OWCP’s reliance on an impartial medical opinion. The record did not verify that the physician had been selected under the required rotational procedure. The Board set aside the decision and directed OWCP to choose another specialist and decide the case again.
Social Security Administration, Office of Disability Adjudication and Review, National Hearing Center (Agency) and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers (Union)
SSA National Hearing Centers and ALJ union (FLRA 0-AR-4524): Unit ruling set aside, two unfair labor practice findings upheld
The Social Security Administration established National Hearing Centers and appointed administrative law judges to them after the ALJ union sought to discuss the plan. An arbitrator found that the new judges belonged in the union's bargaining unit and that the agency committed several unfair labor…
National Treasury Employees Union (Union) and United States Department of the Treasury, Internal Revenue Service, Accounts Management and Compliance Services, Wage and Investments and Small Business/Self Employed Division (Agency)
NTEU and IRS (FLRA 0-AR-4255): Two employee review proposals sent back to arbitrator
The IRS expanded a program that records managers' reviews of employee calls with taxpayers. The National Treasury Employees Union challenged the rollout and several proposals about how employees would receive and respond to performance information. An arbitrator rejected the union's grievance. The…
E.P. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Richmond, VA
E.P. (ECAB 11-1553): Oral argument granted in overpayment appeal
E.P. appealed an OWCP decision finding an overpayment and ordering repayment. She timely requested oral argument to explain her financial situation. The Board exercised its discretion to grant argument. It did not decide whether the overpayment or repayment schedule was correct.
R.A. and Department of the Navy, Marine Corps Center, Bridgeport, CA
R.A. (ECAB 11-1524): Oral argument granted in injury appeal
R.A. appealed OWCP’s denial of a traumatic injury claim for insufficient medical evidence. His representative timely requested oral argument about the claim record and OWCP’s duty to develop it. The Board granted the request in its discretion. It did not decide whether the injury was compensable.
J.G. and National Endowment for the Arts, Nancy Hanks Center, Washington, DC
J.G. (ECAB 11-1437): Oral argument granted in injury appeal
J.G. appealed OWCP’s denial of a claimed work injury. He requested oral argument to address the factual history and medical record. The Board found the request timely and granted it in its discretion. It did not decide the injury claim.
D.D. and U.S. Postal Service, Post Office, Arlington, WA
D.D. (ECAB 11-808): Oral argument granted in suitable-work appeal
D.D. appealed termination of compensation for allegedly refusing suitable work. He timely requested oral argument about procedural and substantive issues in OWCP’s decision. The Board granted argument in its discretion. It did not decide whether the termination was proper.
M.B. and Department of Homeland Security, Mid-Continent Airport, Wichita, KS
M.B. (ECAB 11-697): Impairment claim reopening refused
M.B., an airport security employee, sought reconsideration of an impairment decision. The Board found that her reconsideration request was not accompanied by new evidence or argument. It affirmed OWCP’s refusal to reopen the claim.
J.S. and Department of Labor, Mine Safety and Health Administration, Mount Hope, WV
J.S. (ECAB 11-665): Thirteen percent binaural hearing award affirmed
J.S., a mine safety inspector, sought review of the hearing-loss percentage caused by work noise. The Board found that OWCP correctly applied the A.M.A. Guides to his audiometric results. The calculation supported 13 percent loss in both ears together. It affirmed the award.
A.R. and Department of Homeland Security, Customs and Border Protection, El Centro, CA
A.R. (ECAB 11-664): Eighteen percent left arm award affirmed
A.R., a border patrol agent, sought a higher award for permanent impairment after an accepted shoulder injury. The Board found that the medical evidence did not establish more than the 18 percent left arm impairment already paid. It affirmed OWCP’s decision.
R.W. and Department of the Navy, Naval Sea Systems Command Station, Keyport, WA
R.W. (ECAB 11-633): Hearing awards and hearing aids denied
R.W., a retired Navy worker, sought hearing benefits after work noise exposure. The Board found that left-ear hearing loss was not ratable and that the record did not connect right-ear loss to employment. It also found no abuse of discretion in OWCP’s denial of hearing aids. It affirmed both…
K.H. and U.S. Postal Service, Post Office, Oakland, CA
K.H. (ECAB 11-603): Overpayment decision remanded for evidence and notice
K.H., a postal employee, appealed a new overpayment decision after an earlier Board remand. OWCP had not sent a new preliminary determination explaining its findings or giving him the opportunity to challenge the amount and fault finding. The Board found that OWCP had not obtained the requested…
A.R. and U.S. Postal Service, Post Office, Des Moines, IA
A.R. (ECAB 11-590): Ankle claim denial affirmed; reopening remanded
A.R., a postal employee, claimed that work duties caused a right ankle condition. The Board affirmed the initial claim denial on the record then before OWCP. A later physician report gave a new opinion connecting prolonged standing to the condition, which was pertinent enough to require merit…
D.B. and Department of the Army, Redstone Arsenal, Huntsville, AL
D.B. (ECAB 11-473): Overpayment waiver and recovery denial affirmed
D.B., an Army employee, challenged repayment of an overpayment that OWCP had created. The Board found that lack of fault alone did not establish entitlement to waiver. OWCP had considered her finances in setting recovery from future compensation. It affirmed the denial of waiver and the repayment…
R.S. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshals Service, Chicago, IL
R.S. (ECAB 11-428): Concurrent retirement-benefit overpayment affirmed
R.S., a federal air marshal, received both federal retirement benefits and FECA compensation during the same period. The Board found that the concurrent payments created an $18,315.33 overpayment. It also upheld OWCP’s denial of waiver. The Board affirmed the decision.
M.D. and U.S. Postal Service, Post Office, Iselin, NJ
M.D. (ECAB 11-418): Finger-fracture claim denial affirmed on modified ground
M.D., a postal carrier, said he fractured fingers in a fall during work. The Board found that his account did not sufficiently explain the circumstances of the fall or establish a compensable work factor and resulting injury. It affirmed the denial while modifying its stated basis to insufficient…
H.D. and U.S. Postal Service, Bay Valley Performance Cluster, Oakland, CA
H.D. (ECAB 11-358): Total disability from shoulder injury denied
H.D., a postal carrier with an accepted right shoulder injury, claimed that she could no longer work beginning in April 2009. The Board found that the medical reports did not adequately establish total disability caused by the accepted shoulder condition. It affirmed the denial.
L.S. and U.S. Postal Service, Post Office, Newark, NJ
L.S. (ECAB 11-330): Eight percent awards for each arm affirmed
L.S., a postal employee, sought higher awards for both arms and challenged the maximum-medical-improvement date. The Board found that sixth-edition ratings supported eight percent in each arm. The medical evidence also supported the date OWCP used to begin the awards. It affirmed the decision.
M.H. and Department of Veterans Affairs, Columbia Regional Office, Columbia, SC
M.H. (ECAB 11-309): Emotional condition claim denied
M.H., a Veterans Affairs employee, attributed an emotional condition to workplace stress and alleged harassment. The Board found that the allegations were either unsubstantiated or concerned administrative matters without proven error or abuse. She had not established a compensable work factor, so…
J.D. and U.S. Postal Service, Post Office, Greensboro, NC
J.D. (ECAB 11-305): Late reconsideration request rejected
J.D., a postal employee, sought reconsideration of an earlier claim decision after the filing deadline. The Board found that the submitted materials did not clearly show an error in that decision. It affirmed OWCP’s refusal to reopen the merits.
C.P. and U.S. Postal Service, Post Office, Delray Beach, FL
C.P. (ECAB 11-201): Cervical injury claim remanded for independent opinion
C.P., a letter carrier, had an accepted cervical disc injury and fusion after a work vehicle accident. She claimed that disc problems at neighboring levels followed from the injury and surgery. Her treating physician and a physician previously used to resolve a different medical conflict disagreed…
A.D. and U.S. Postal Service, Mariners Harbor Post Office, Staten Island, NY
A.D. (ECAB 10-2286): Termination of injury benefits affirmed
A.D., a letter carrier, was injured when a vehicle struck his postal vehicle. OWCP later terminated compensation after finding that the accepted injuries had resolved. He argued that a lumbar herniated disc and continuing disability were related to the accident. The Board found the termination…
B.N. and U.S. Postal Service, Post Office, Southeastern, PA
B.N. (ECAB 09-1769): Leg impairment award remanded over referee selection
B.N., a postal mail handler, challenged a schedule award for two percent right-leg impairment. The physicians disagreed on the degree of impairment, and OWCP relied on a referee examiner. The record did not adequately document that OWCP followed its rotational selection procedure. The Board set…
Ten-Mile Coal Company, Inc.
Two-day-late contest reopened
Ten-Mile Coal mailed its contest two days late after its office manager misplaced the proposed assessment. The operator moved to reopen within ten days of MSHA's delinquency letter, said this was its first late contest since operations began in 2007, and created a computer system to prevent…
Troy Mine, Inc.
Reopening request dismissed because contest was timely
Troy Mine asked to reopen a penalty assessment after MSHA said the company had not filed a timely contest. The company produced certified-mail receipts showing delivery to MSHA. The Secretary then confirmed that the assessment was already part of an active civil penalty case. The Commission found…
H & B Crushing, LLC
Reopening denied for three assessments
H & B Crushing sought to reopen three final penalty assessments, claiming they had been delivered to a restaurant rather than its business. The Secretary opposed reopening and produced evidence that the assessments were delivered and signed for at the operator's address of record, that other…
Robinson Nevada Mining Co.
Final assessment reopened and remanded
Robinson Nevada Mining asked the Commission to reopen a penalty assessment that had become final when it was not contested within 30 days. The Secretary did not oppose the request. In the interests of justice, the Commission reopened the assessment and remanded the matter to the Chief…
Alpha Explosives
Undelivered assessment remanded
Alpha Explosives asked the Commission to reopen a proposed penalty assessment after receiving a delinquency letter. The operator said the assessment had been mailed to the wrong address, and the Secretary confirmed that it was returned undelivered. Because Alpha never received the assessment, the…
Vulcan Construction Materials, LP
Timely response defeats default
Vulcan Construction Materials sought to reopen a civil-penalty case after an ALJ entered default for failure to answer the Secretary's penalty petition. Vulcan showed that it had timely responded to the ALJ's show-cause order and supplied FedEx tracking information confirming delivery to the…
Jackson Enterprises, Inc.
Default vacated after answer misdirected
Jackson Enterprises defaulted after failing to file an answer with the Commission in response to a show-cause order. The operator said it had timely answered the Secretary's penalty petition but apparently mailed the answer only to the Secretary, and it said it never received the show-cause order…
Industrial Minerals, Inc.
Erroneous default remanded
An ALJ entered default after concluding that Industrial Minerals failed to answer a show-cause order. The operator produced certified-mail receipts showing that the Commission's docket office timely received its response to the show-cause order and later received its response to the default order…
Eighty Four Mining Company
Unreceived default orders remanded
A Chief Administrative Law Judge entered defaults in three penalty cases after Eighty Four Mining did not answer the Secretary's petitions or show-cause orders. The operator explained that the papers were mailed to a mine portal that had been closed, vacated, and locked since 2009. MSHA records…
Big Ridge, Inc.
Mistaken penalty payment reopened
Big Ridge sought to reopen a $212 penalty assessment even though the underlying citation was already being contested before the Commission. The operator explained that its compliance manager mistakenly paid the penalty after overlooking the citation among sixty-one other citations and orders on the…
Jason Falk, employed by Lafarge Utica, Inc.
Individual penalty reopened
Jason Falk sought to reopen an individual civil-penalty assessment under section 110(c) of the Mine Act. He said the assessment was sent to another Lafarge operation and never reached him or his employer, Lafarge Utica. The Secretary did not oppose reopening but noted that Falk had declined to…
Luminant Mining Company, LLC
Final assessment reopened and remanded
Luminant Mining asked the Commission to reopen a penalty assessment that had become final after the contest period expired. The Secretary did not oppose the request. In the interests of justice, the Commission reopened the assessment and remanded the matter to the Chief Administrative Law Judge. It…
O.G. and U.S. Postal Service, North Houston Processing and Distribution Center, Houston, TX
O.G. (ECAB 11-1775): Late hearing request denied
O.G., a postal employee, requested a hearing on a 2008 decision reducing compensation because she had not participated in vocational rehabilitation. She requested the hearing in 2010 and said she had not received the earlier notices. The Board found that OWCP had mailed them to her address of…
M.B. and U.S. Postal Service, Post Office, Housatonic, MA
M.B. (ECAB 11-702): Carpal tunnel occupational claim denied
M.B., a postmaster, said repetitive mail handling and computer work caused right-hand carpal tunnel syndrome. OWCP accepted the described duties but denied the claim for lack of medical evidence linking carpal tunnel syndrome to the work. The Board also found that the reports lacked adequate…
B.H. and Department of the Treasury, Internal Revenue Service
B.H. (ECAB 11-677): Schedule award claim reopened for new medical report
B.H. sought a schedule award after an accepted workplace knee injury. OWCP declined to reopen its earlier denial, treating her submitted evidence as duplicative or immaterial. The Board found that a new physician report rated permanent impairment of both legs and was relevant to the disputed award…
L.W. and U.S. Postal Service, Processing and Distribution Center
L.W. (ECAB 11-576): Late reconsideration request rejected
L.W., a postal employee, sought reconsideration years after a decision terminating compensation. She argued that OWCP had not combined related claims as earlier directed. The Board found that her request was outside the one-year filing period and presented no new medical evidence or clear evidence…
C.W. and U.S. Postal Service, Post Office, Philadelphia, PA
C.W. (ECAB 11-546): Leg impairment rating remanded for better medical evidence
C.W., a postal employee, sought more than an eight percent schedule award for his left leg. OWCP’s medical adviser used a cartilage thickness value to rate the knee, although the record lacked measurements supporting that value. The Board found the rating insufficiently supported. It remanded for…
C.L. and U.S. Postal Service, Post Office, Newark, NJ
C.L. (ECAB 11-480): Right knee schedule award denied
C.L., a postal clerk, claimed permanent impairment after an accepted right knee sprain. His physician based an impairment rating on knee arthritis, a condition OWCP had not accepted as work related, without adequately explaining causation or applying the rating guide. The Board found that the…
B.B. and U.S. Postal Service, Post Office, Princeton, NJ
B.B. (ECAB 11-470): Hand and wrist occupational claim denied
B.B., a letter carrier, attributed hand and wrist symptoms to repetitive sorting, lifting, and carrying mail. The Board accepted that he performed those duties and had diagnosed conditions. It found that the medical reports did not adequately explain how the specific work factors caused or…
M.M. and U.S. Postal Service, Post Office, Wantagh, NY
M.M. (ECAB 11-467): Benefits termination for refused suitable work affirmed
M.M., a postal letter carrier, had received disability compensation after a work vehicle accident. The Postal Service offered him a limited-duty city carrier position. OWCP found it suitable and ended compensation when he refused it. He argued that the offer was invalid and the job was makeshift…
K.A. and U.S. Postal Service, Post Office, Oakland, CA
K.A. (ECAB 11-462): Late reconsideration of thumb claim denied
K.A., a postal carrier, sought reconsideration of an occupational trigger-thumb claim. Her request was filed outside the one-year period. The materials she submitted did not show clear error in OWCP’s earlier denial or supply persuasive new evidence on the thumb condition. The Board affirmed the…
B.B. and U.S. Postal Service, Post Office, King of Prussia, PA
B.B. (ECAB 11-461): Three percent right-leg award affirmed
B.B., a letter carrier, sought a higher schedule award after an accepted right knee injury. He challenged the impairment rating and the use of the sixth edition of the A.M.A. Guides. The Board found that the record did not establish more than three percent permanent impairment of the right leg. It…
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.