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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N.C. and U.S. Postal Service, Post Office, Quincy, IL
N.C. (ECAB 11-448): Consequential injury claim denied
N.C., a rural postal carrier, had accepted head and neck injuries after a vehicle collision. She later sought recognition of additional right shoulder, neck, and throat conditions as consequences of that injury. The Board found that the medical reports did not provide a reasoned explanation…
D.B. and U.S. Postal Service, Post Office, Newport Beach, CA
D.B. (ECAB 11-399): Emotional condition claim denied
D.B., a postal employee, pursued an emotional condition claim after an earlier Board appeal. A workplace incident had been accepted as a compensable work factor, but the medical reports did not adequately explain how that incident caused the diagnosed condition. The Board found the new opinion…
C.S. and Department of Veterans Affairs, Central Arkansas Veterans Healthcare System
C.S. (ECAB 11-341): Overpayment amount and fault remanded
C.S., a Veterans Affairs employee, received total disability compensation after she had resumed part-time work. The Board agreed that this created an overpayment. It found that OWCP had not adequately supported the amount because the available figures conflicted and it had not obtained underlying…
N.F. and U.S. Postal Service, Post Office, Merrifield, VA
N.F. (ECAB 11-337): Termination of disability benefits reversed
N.F., a rural letter carrier, had accepted back and hip conditions after stepping into a hole at work. OWCP ended benefits on the view that no work-related disability or residuals remained. The Board found that the medical opinion OWCP relied on was insufficiently explained and did not carry the…
M.P. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY
M.P. (ECAB 11-332): Lung disease claim remanded for impartial opinion
M.P., a plant mechanic, claimed pneumoconiosis or chronic bronchitis from workplace coal dust and asbestos exposure. The physicians disagreed on the diagnosis and whether it was related to his employment. The Board found a medical conflict requiring a third physician under FECA. It set aside the…
V.W. and U.S. Postal Service, Post Office, New York, NY
V.W. (ECAB 11-211): Arm schedule award denied
V.W., a postal mail handler, sought a schedule award after accepted cervical and shoulder strains. The medical examination found no permanent left-arm impairment caused by the accepted conditions. The Board held that the record did not establish a ratable impairment and affirmed the denial.
American Federation of Government Employees, Local 3928 (Union) and United States Department of Homeland Security, U.S. Citizenship and Immigration Services, National Benefits Center, Lees Summit, Missouri (Agency)
AFGE Local 3928 and USCIS (FLRA 0-NG-3069): Division-wide seating proposal negotiable
Employees at a U.S. Citizenship and Immigration Services benefits center were assigned to teams within larger divisions. The agency wanted employees to choose seats only within their own teams; the union proposed selection by seniority anywhere within each division. The Authority held that the…
United States Department of Defense, Dependents School - Europe (Agency) and Federal Education Association (Union)
Dependents School Europe and FEA (FLRA 0-AR-4665): Pay audits and debt safeguards upheld
The Federal Education Association grieved pay, interest, retirement account contributions, and debt collection problems affecting employees of the Department of Defense's schools in Europe. An arbitrator found violations of the Back Pay Act, the Debt Collection Act, and the parties' agreement. She…
Connolly-Pacific Company
Highwall violations and withdrawal order upheld
MSHA cited Connolly-Pacific after finding miners and equipment working below an approximately 300-foot quarry highwall with loose and overhanging rock, no benches, incomplete barriers, and no scaling. Judge Margaret Miller found that observation, spotters, limited blasting, and a loader cab did not…
USA Cleaning Service & Building Maintenance
EAJA fee request denied
MSHA withdrew three janitors from a cement facility on the ground that they needed comprehensive new-miner training, then vacated the order within ten days. USA Cleaning sought $22,000 in attorney fees and expenses under the Equal Access to Justice Act. Judge Thomas McCarthy held that the company…
C.D. and U.S. Postal Service, General Mail Facility, Boston, MA
C.D. (ECAB 11-1789): Wage-loss compensation termination affirmed
C.D., a postal mail handler, received compensation after a work injury in May 2009. OWCP ended wage-loss payments in August 2010 based on a second-opinion examination. The Board found that the examiner had reviewed the history and supplied a reasoned opinion that she could resume regular work. Her…
J.M. and U.S. Postal Service
J.M. (ECAB 11-612): Back injury claim denial affirmed
J.M., a postal worker, again sought benefits for a reported March 2006 injury. The Board had earlier found that he proved an incident but lacked a reasoned medical link between it and his back condition. The later physician letter assumed a history of little or no back pain before the incident…
C.D. and U.S. Postal Service
C.D. (ECAB 11-598): Examination suspension shortened
C.D., a postal mail handler, did not attend an OWCP-directed medical examination. The Board upheld the suspension that began January 7, 2010 because she had not shown good cause for missing it. Her attorney then notified OWCP on February 19 that she would attend a rescheduled examination, which she…
L.W. and Department of the Army, Child Development Center, Fort Monroe, VA
L.W. (ECAB 11-553): Emotional condition denial affirmed on modified basis
L.W., an educational technician, attributed anxiety and depression to unfair treatment and workplace demands. The Board found that a requirement to prepare lesson plans on time was a compensable work factor. The medical record did not establish that this specific duty caused her condition. It…
C.C. and U.S. Postal Service
C.C. (ECAB 11-523): Part-time wage capacity determination reversed
C.C. had worked full time when injured, but OWCP based her later wage-earning capacity on earnings in a part-time position. She sought modification of that determination. The Board found that OWCP had not explained why part-time earnings fairly represented the capacity of someone employed full time…
M.B. and U.S. Postal Service
M.B. (ECAB 11-477): Reconsideration of benefits termination denied
M.B. sought reconsideration of OWCP’s May 21, 2009 decision terminating her compensation and medical benefits effective June 7, 2009. The Board found that her submissions repeated prior arguments or lacked evidence supporting her allegations, including an assertion of examiner bias. She had not…
J.D. and Department of Justice, Bureau of Alcohol, Tobacco and Firearms
J.D. (ECAB 11-429): Late reconsideration of hand claim rejected
J.D. sought reconsideration of an earlier decision on a right-hand injury claim. The request was filed outside the one-year period. He resubmitted medical reports already considered and offered other evidence that did not show clear error in the earlier denial. The Board affirmed the refusal to…
J.T. and U.S. Postal Service
J.T. (ECAB 11-349): Prior wrist award modified to no ratable impairment
J.T. sought a schedule award after a work-related left wrist fracture and received a 19 percent left-arm award. An impartial specialist found no objective basis for a ratable impairment. The Board held that OWCP could not disregard that physician’s controlling opinion to preserve its earlier…
G.K. and U.S. Postal Service
G.K. (ECAB 11-336): Bilateral arm awards affirmed
G.K., a postal mail processor, sought larger schedule awards for both arms. The Board found no proof of impairment beyond the seven percent right-arm and eight percent left-arm ratings already awarded. It also rejected the challenge to applying the sixth edition of the A.M.A. Guides to OWCP’s award…
A.B. and Department of the Army, Army Depot, Anniston, AL
A.B. (ECAB 11-290): Hearing schedule award denied
A.B. sought a schedule award for hearing loss associated with federal work. The Board found no ratable impairment established by the medical evidence before OWCP. Later audiograms were prepared by an audiologist but had not been certified by a physician, so they could not support an impairment…
W.R. and U.S. Postal Service
W.R. (ECAB 11-170): Knee claim denied but reconsideration remanded
W.R., a postal supervisor, claimed that walking and other duties aggravated knee and foot arthritis. The Board affirmed OWCP’s initial claim denial on the record then before it. A later physician note addressing whether work aggravated a preexisting condition was new and relevant to the disputed…
D.M. and U.S. Postal Service, Post Office, Whittier, CA
D.M. (ECAB 11-138): Accounting clerk wage capacity affirmed
D.M., a postal carrier, had an accepted anxiety reaction after dogs attacked her on duty. OWCP later based her wage-earning capacity on an accounting clerk job in the open labor market. A recent physician report took her temporarily off her current job but did not show that the accepted incident…
K.F. and U.S. Postal Service, Post Office, Newark, NJ
K.F. (ECAB 11-32): Eight percent awards for both arms affirmed
K.F., a postal mail handler, had accepted bilateral carpal tunnel syndrome and sought higher arm schedule awards. The Board found that the probative medical evidence did not establish more than eight percent impairment in either arm. It also upheld use of the sixth edition of the A.M.A. Guides for…
C.A. and U.S. Postal Service, Network Distribution Center, Memphis, TN
C.A. (ECAB 11-28): Back occupational claim denied
C.A., a postal mail handler, attributed back pain and spasms to years of heavy lifting and other repetitive duties. The Board did not dispute his work activities. It found that the medical reports did not adequately explain how those duties caused or aggravated the diagnosed spinal conditions. It…
J.O. and Department of Veterans Affairs, Connecticut Healthcare System, West Haven, CT
J.O. (ECAB 11-23): Elevator door injury claim denied
J.O., a housekeeping aide, said an elevator door struck his forehead at work. A witness confirmed the incident. The Board found that the record still lacked a reasoned medical opinion connecting the event to a diagnosed injury. It affirmed the claim denial.
J.L. and U.S. Postal Service, Post Office, Macon, GA
J.L. (ECAB 11-4): Late reconsideration allowed on clear error
J.L., a postal carrier, sought late reconsideration of a benefits termination based on refusing suitable work. New information from the employing establishment indicated that the job offer underlying the termination was not valid. The Board found that evidence raised a substantial question about…
Grand Eagle Mining, Inc.
Simplified proceedings denied
MSHA sought to place a $100 fire-extinguisher citation in the Commission's simplified-proceedings track. Grand Eagle opposed the request after raising a Fourth Amendment challenge to the inspector's search of an electrician's personal truck and seeking discovery. Judge Thomas McCarthy found that…
United States Department of the Air Force, Luke Air Force Base, Arizona (Respondent) and American Federation of Government Employees, Local 1547 (Charging Party/Union)
Luke Air Force Base and AFGE Local 1547 (FLRA DE-CA-07-0592): Refusal to bargain over mechanic assignments unlawful
Aircraft engine mechanics at Luke Air Force Base worked in three repair areas. AFGE Local 1547 asked to bargain over how qualified mechanics could volunteer for assignments or rotations among them. The base refused, arguing that its agreement, a later memorandum, and an Air Force manual already…
Gary Schwirse v. Marine Terminals Corporation and Signal Mutual Indemnity Association
Schwirse v. Marine Terminals (BRB 11-0119): denial under intoxication provision affirmed
Gary Schwirse, a longshore worker, fell from a dock after drinking alcohol during the workday and sustained a scalp injury. On remand from an earlier Board decision, a judge found that his intoxication was the sole cause of the fall and denied compensation. The Board rejected Schwirse's argument…
S.C. and U.S. Postal Service, Post Office, Winterville, NC
S.C. (ECAB 11-1395): Reconsideration of recurrence claim denied
S.C., a rural postal carrier, sought reconsideration of a denied recurrence claim involving an accepted cervical disc condition. Her reconsideration request said she was in pain and that her doctor had found a missing form. On appeal, she raised work activity that she believed worsened the…
Bill Jones Repair & Reroofs, Inc.
Timely-contest evidence requires further proceedings
OSHA cited Bill Jones Repair & Reroofs for four serious construction violations and proposed $10,000 in penalties. An administrative law judge dismissed what appeared to be a late notice of contest and affirmed the citations. On review, the company produced a letter apparently faxed to OSHA within…
E.R. and U.S. Postal Service, Post Office, Laurens, SC
E.R. (ECAB 11-608): Carpal tunnel occupational claim denied
E.R., a rural carrier associate, attributed carpal tunnel syndrome to repetitive hand work. Her physician said work could exacerbate the condition but did not describe the actual duties in detail or give a sufficiently certain, reasoned causal opinion. The Board held that she had not established a…
D.D. and U.S. Postal Service, Post Office, Peekskill, NY
D.D. (ECAB 11-557): Folding table injury claim denied
D.D., a postal clerk, said a folding table collapsed at work and injured her right knee. The employer disputed the incident, and accounts of when and how it happened differed in the record. The Board found that the inconsistencies and lack of corroboration prevented her from proving the alleged…
P.L. and Department of Veterans Affairs, Puget Sound Healthcare System, Seattle, WA
P.L. (ECAB 11-493): Late continuation-of-pay claim denied
P.L., a Veterans Affairs employee, sought continuation of pay after reporting workplace tuberculosis exposure in November 2007. He argued that he used an approved form but lacked filing guidance as a new employee, that his employer was uncooperative, and that equitable tolling should apply. The…
S.C. and Social Security Administration, Oak Park, MI
S.C. (ECAB 11-468): Intermittent disability claim denied
S.C., a Social Security employee, sought wage-loss compensation for periods from January through March 2010 after an accepted fall. OWCP had allowed compensation for some treatment appointments. The Board found that the physician’s notes excusing her from work did not explain why the accepted…
J.L. and U.S. Postal Service, Post Office, Milwaukee, WI
J.L. (ECAB 11-432): Knee injury denial and reconsideration refusal affirmed
J.L., a letter carrier, claimed a left knee injury while walking his route. The Board found that he had not established a compensable injury on the claimed date. It also found that his reconsideration request did not meet the standard for another merit review. The two OWCP decisions were affirmed.
R.D. and Department of Labor, Bureau of Labor Statistics, Atlanta, GA
R.D. (ECAB 11-412): Overpayment affirmed with fault period narrowed
R.D. received an overpayment tied to federal retirement and compensation benefits. The Board affirmed the $9,339.99 amount and found no basis to waive recovery. It found her at fault for failing to report Social Security benefits on forms through June 18, 2007, but the record lacked a form for the…
L.M. and U.S. Postal Service, Northern Virginia District, Merrifield, VA
L.M. (ECAB 11-373): Icy-lot injury claim remanded for premises finding
L.M., a postal clerk, reported slipping on ice in a back lot while going to work. OWCP denied the claim without determining whether the fall happened on the employer’s premises. The Board held that the location mattered to whether the event occurred in the performance of duty. It remanded for a…
E.W. and U.S. Postal Service, Post Office, Macon, GA
E.W. (ECAB 11-327): Lightning injury claim denied
E.W., a rural carrier associate, reported that lightning struck her right hand while delivering mail. The Board found that the submitted medical reports did not adequately explain how the reported event caused or aggravated a diagnosed condition. Other documents did not supply a physician’s causal…
Aerospace Manufacturing CT Systems, LLC
Civil case stayed during criminal review
After a workplace fatality, OSHA issued Aerospace Manufacturing a willful citation and referred the matter to the Department of Justice for possible criminal proceedings. The administrative law judge denied the Secretary's request to stay the Commission case because no indictment had been issued…
J.F. and Department of Energy, Germantown Office Facility, MD
J.F. (ECAB 11-314): Knee impairment award remanded for medical clarification
J.F., a pipe fitter, sought more than a two percent left-leg schedule award after an accepted knee injury. The Board found that the medical evaluation needed clarification about impairment related to knee arthritis and the appropriate rating method. It directed OWCP to obtain a supplemental opinion…
J.R. and U.S. Postal Service, Gracie Station, New York, NY
J.R. (ECAB 11-285): Premium overpayment amount remanded
J.R.’s health and life insurance premiums were underdeducted from compensation. The Board agreed that an overpayment occurred. OWCP had not documented the premium figures behind its calculation and used inconsistent start dates. The Board remanded for a supported amount and later consideration of…
J.C. and U.S. Postal Service, Post Office, Camden, NJ
J.C. (ECAB 11-241): Five percent right-leg award affirmed
J.C., a letter carrier, sought a larger schedule award for her right leg after a work injury. She challenged the impartial physician’s report. The Board found that the report was entitled to special weight and showed no greater ratable impairment under the applicable guide. It affirmed the existing…
J.H. and U.S. Postal Service, Post Office, Brooklyn, MI
J.H. (ECAB 11-143): Occupational injury claim denial affirmed
J.H. pursued a claim that federal work duties caused a medical condition. An impartial specialist had resolved a medical conflict against work causation. The Board found that a later treating-physician report did not overcome that opinion or create a new conflict. It affirmed OWCP’s claim denial.
P.D. and Department of Health and Human Services, Social Security Administration
P.D. (ECAB 10-2391): Benefits termination reversed over medical conflict
P.D. challenged termination of wage-loss and medical benefits for accepted injuries. The Board found that opposing medical opinions on whether work-related residuals remained had not been resolved by an impartial physician. OWCP therefore had not carried its burden to terminate compensation. The…
S.W. and U.S. Postal Service, Dallas Performance Cluster, Coppell, TX
S.W. (ECAB 10-2386): Schedule award rescission and overpayment reversed
S.W., a postal employee, had received bilateral arm schedule awards. OWCP later used a lower impairment rating under a newer edition of the A.M.A. Guides to rescind part of the earlier awards and declare an overpayment. The Board found no basis to reduce the awards retroactively or treat the…
C.B. and U.S. Postal Service, Post Office, Oakford, IL
C.B. (ECAB 10-2169): Constructed clerk wage capacity affirmed
C.B., a postmaster with an accepted occupational condition, challenged a wage-capacity decision based on a constructed clerk job. The Board found that the position was reasonably available and suited to her physical limits, skills, and experience. OWCP had applied the required wage-capacity…
American Federation of Government Employees, Local 3428 (Union) and United States Environmental Protection Agency, Region 1, New England Office, Boston, Massachusetts (Agency)
AFGE Local 3428 and EPA Region 1 (FLRA 0-AR-4426): Union exceptions to interview ruling denied
An EPA Region 1 employee complained to management about her immediate supervisor. The agency interviewed her and coworkers without notifying AFGE Local 3428, which then grieved the lack of union notice and participation. An arbitrator denied the grievance on several grounds, including that the…
American Coal Company
Special-assessment forms ordered disclosed
American Coal moved to compel MSHA to produce special-assessment review forms and eight internal memoranda. Judge Gary Melick held that the review forms were not protected by the deliberative-process privilege because MSHA adopted their recommendations when it issued the citations, and because the…
CAM Mining, LLC
Late penalty petitions dismissed
CAM Mining moved for summary decision because the Secretary filed three penalty petitions about four months after they were due. The Secretary did not respond, and Judge Gary Melick found that the asserted explanation concerned delivery of the original assessment rather than a later litigation…
Y.J. and U.S. Postal Service, Post Office, Oakland, CA
Y.J. (ECAB 11-685): Late reconsideration of hand claim denied
Y.J. again sought review of a claim that a work-related functional capacity evaluation injured her hand and wrist. Her October 2010 request was outside the reconsideration period. The Board found that a later Board order did not restart that period and that her allegations did not show clear error…
F.A. and Defense Contract Management Agency, San Antonio, TX
F.A. (ECAB 11-662): Civilian employment hearing claim denied
F.A. attributed hearing loss to noise during federal civilian work. A medical specialist found that the pattern of loss was not consistent with noise-induced hearing loss. The Board found no persuasive medical link to civilian employment and no measurable related impairment supporting an award. It…
A.G. and U.S. Postal Service, Post Office, Milwaukee, WI
A.G. (ECAB 11-655): Overpayment ruling remanded for adequate reasons
A.G. challenged an OWCP finding that she received a $932.57 overpayment and was at fault. The Board found that OWCP had not clearly explained the legal basis and facts behind the overpayment determination. Its explanation of why she should have known a payment was wrong was also inadequate. The…
D.A. and U.S. Postal Service, Post Office, Macon, GA
D.A. (ECAB 11-613): Arm award reconsideration refused
D.A., a postal employee, sought reconsideration of arm schedule-award ratings and said her pain and numbness warranted higher percentages. The Board’s review was limited to whether the new submission justified reopening the merits. It found that the submitted evidence did not meet that standard. It…
W.C. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
W.C. (ECAB 11-534): Aircraft-work neck injury claim denied
W.C. struck his neck on an aircraft component while working. OWCP accepted that the incident happened, but the Board found that the physician’s explanation did not adequately link it to a diagnosed neck condition. The Board had reviewed this claim before, and the later medical opinion still did not…
T.B. and U.S. Postal Service, Post Office, Washington, DC
T.B. (ECAB 11-430): Emotional claim denied but reconsideration remanded
T.B., a postal clerk, claimed an emotional condition from workplace harassment. The Board affirmed the initial denial on the record then before OWCP. It found that her reconsideration submission warranted a new merit review. It set aside the refusal to reopen and remanded while leaving the…
D.A. and U.S. Postal Service, Postal Inspection Service, Newark, NJ
D.A. (ECAB 11-414): Arm award and overpayment remanded
D.A., a postal employee, disputed a left-arm schedule award and a resulting overpayment. The Board found that the medical conflict about impairment had not been properly resolved. Because the overpayment depended on that rating, it could not yet be decided. The Board set aside the decision and…
M.F. and U.S. Postal Service, Post Office, Las Vegas, NV
M.F. (ECAB 11-347): Hand condition denial and reconsideration refusal affirmed
M.F. attributed right-hand carpal tunnel syndrome and trigger finger to repetitive work. The Board found that the record did not establish a compensable occupational condition. His reconsideration submission also did not meet the standard for another merit review. It affirmed both OWCP decisions.
V.C. and U.S. Postal Service, Connecticut Performance Cluster, Hartford, CT
V.C. (ECAB 11-275): Benefits termination for refused work affirmed
V.C., a postal clerk, received compensation after an accepted cervical strain. The Postal Service offered her a modified mail processing clerk position. OWCP found the position suitable and ended her compensation after she refused it. The Board found that the medical reports she submitted did not…
B.L. and U.S. Postal Service, Margate Post Office, Margate City, NJ
B.L. (ECAB 11-213): Arm and leg awards and pay rate affirmed
B.L., a postal employee, sought higher schedule awards than 22 percent for the left arm and 12 percent for the right leg. The Board found that the evidence did not establish greater permanent impairment. It also found that OWCP used the correct pay rate for compensation. It affirmed the award…
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.