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

M3 Energy Mining Company and Clean Energy Mining Company

Reopening denied after repeated fax failures

The sister companies said their safety director faxed two proposed assessments to outside counsel, but the faxes apparently were not received while counsel used a temporary receptionist. The Commission found the supporting fax log unreliable and noted a long pattern of similar missed faxes and…

August 3, 2011 ·FMSHRC
Procedural
COMM

J.C. and U.S. Postal Service, Post Office, Atlanta, GA

J.C. (ECAB 11-258): Hernia claim and hearing denial affirmed

J.C., a postal general expeditor, reported a hernia after moving mail containers at work. OWCP denied his occupational disease claim after he provided no medical evidence establishing a diagnosis and causal relationship. The Board affirmed that denial because his claim form and job description did…

August 3, 2011 ·ECAB
Affirmed
COMM

R.S. and Department of Veterans Affairs, Veterans Benefits Administration, Boston, MA

R.S. (ECAB 11-207): Carpal tunnel claim denial affirmed

R.S., a Veterans Benefits Administration representative, attributed carpal tunnel syndrome to decades of keyboard and mouse work. OWCP denied her occupational disease claim. The Board found that an internist diagnosed bilateral carpal tunnel disease and linked it to repetitive typing, but did not…

August 3, 2011 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, Wood River, IL

C.S. (ECAB 11-198): Leg impairment rating remanded

C.S., a postal customer service supervisor, had an accepted lumbar sprain and received a four percent left leg schedule award. He challenged the impairment assessment. The Board found that OWCP's medical adviser had used a peripheral nerve table rather than the method adopted for spinal nerve…

August 3, 2011 ·ECAB
Remanded
COMM

E.F. and U.S. Postal Service, Post Office, Sayville, NY

E.F. (ECAB 11-189): Shoulder award and late hearing denial affirmed

E.F., a postal employee, had accepted right shoulder and elbow conditions and received a one percent right upper extremity schedule award. The Board found that OWCP's medical adviser used the sixth edition of the impairment guides to rate the supported shoulder findings and that the record did not…

August 3, 2011 ·ECAB
Affirmed
COMM

L.F. and Department of the Air Force, Wright-Patterson Air Force Base, OH

L.F. (ECAB 11-62): Untimely reconsideration denial affirmed

L.F., an Air Force criminal investigator, previously sought compensation for an emotional condition that he attributed in part to his assigned work at the Pentagon after the September 11, 2001 attacks. OWCP denied the claim, and he requested reconsideration more than a year after its last merit…

August 3, 2011 ·ECAB
Affirmed
COMM

D.P. and U.S. Postal Service, Logistics & Distribution Center, Warrendale, PA

D.P. (ECAB 11-47): Cervical injury recurrence denial affirmed

D.P., a postal mail handler, had an accepted cervical disc herniation and returned to regular full-time work. She later claimed intermittent disability as a recurrence of the earlier injury. The Board found that the medical notes did not explain with examination findings why the accepted injury…

August 3, 2011 ·ECAB
Affirmed
COMM

R.G. and Department of Homeland Security, Customs & Border Protection, Brownsville, TX

R.G. (ECAB 11-19): Sixteen percent binaural hearing award affirmed

R.G., a customs and border protection officer, had an accepted noise-related hearing loss and received a 16 percent binaural schedule award. He sought a larger percentage and an earlier award start date. The Board recalculated the loss from his audiogram and found that the result properly rounded…

August 3, 2011 ·ECAB
Affirmed
COMM

K.M. and U.S. Postal Service, Post Office, Houston, TX

K.M. (ECAB 11-10): Benefit termination affirmed after impartial examination

K.M., a postal worker, had accepted lumbar, cervical, and right shoulder sprains. In an earlier appeal, the Board found a medical conflict that prevented OWCP from terminating benefits based on the record then available. OWCP obtained an impartial orthopedic examination, and the examiner concluded…

August 3, 2011 ·ECAB
Affirmed
COMM

A.W. and U.S. Postal Service, Post Office, Peekskill, NY

A.W. (ECAB 10-2380): Right shoulder termination upheld; left shoulder claim remanded

A.W., a postal clerk, injured her right shoulder at work and later developed left shoulder symptoms while recovering. OWCP ended compensation for the accepted right shoulder injury and denied a consequential left shoulder condition. The Board found that a referral physician's examination supported…

August 3, 2011 ·ECAB
Mixed result
COMM

J.T. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA

J.T. (ECAB 10-2370): Foot and ankle occupational claim denial affirmed

J.T., a transportation security officer, had an accepted right foot and ankle injury after a heavy bag fell on her at work. After returning to regular duties, she reported worsening symptoms from extensive walking. OWCP treated this as a new occupational disease claim because she identified new…

August 3, 2011 ·ECAB
Affirmed
COMM

L.J. and U.S. Postal Service, Processing & Distribution Center, Atlanta, GA

L.J. (ECAB 10-2322): Compensation overpayment and recovery affirmed

L.J., a postal worker receiving compensation, continued to be paid at the higher rate for a claimant with dependents after she reported that she no longer had an eligible dependent. The Board upheld OWCP's finding of an $8,594.27 overpayment and found her at fault because repeated benefit forms…

August 3, 2011 ·ECAB
Affirmed
COMM

J.H. and Department of Agriculture, Food Safety & Inspection Service, Berryville, AR

J.H. (ECAB 10-2305): Overpayment upheld; recovery rate remanded

J.H., a former federal food inspector receiving compensation, also began receiving Social Security retirement benefits based partly on federal service. OWCP found that the concurrent payments created a $4,512.71 overpayment and that she had failed to report the Social Security benefit on required…

August 3, 2011 ·ECAB
Mixed result
COMM

K.S. and Department of Homeland Security, Transportation Security Administration, Hebron, KY

K.S. (ECAB 10-2233): Shoulder benefit termination affirmed

K.S., a transportation security screener, received benefits for accepted right and left arm and shoulder conditions after pushing baggage. OWCP ended those benefits after an impartial orthopedic specialist found that the accepted injuries no longer caused disability or required treatment. The Board…

August 3, 2011 ·ECAB
Affirmed
COMM

D.A. and U.S. Postal Service, Post Office, League City, TX

D.A. (ECAB 10-2172): Denial of leg schedule award affirmed

D.A., a postal distribution clerk, had an accepted lumbar sprain and herniated disc and underwent two back surgeries. He sought a schedule award based on leg symptoms. His treating surgeon rated whole-person impairment but did not give an impairment rating for either leg, and the Board noted that…

August 3, 2011 ·ECAB
Affirmed
ALJ

Bowie Resources LLC

Methane fan citations vacated and settlement approved

MSHA issued two citations after inspectors measured more than 1 percent methane passing through energized auxiliary face fans at Bowie's underground coal mine. Judge Richard W. Manning held that section 75.331(c) requires an operator to shut down a fan when it knows or should know the threshold has…

August 2, 2011 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

The Okonite Company, Inc.

In re The Okonite Company, Inc. (EAB TSCA Appeal No. 11-02): appeal dismissed after EPA withdrawal

EPA Region 2 appealed an initial decision involving The Okonite Company, Inc. The initial decision found no liability and assessed no penalty. Region 2 later withdrew its notice of appeal. The Environmental Appeals Board granted the withdrawal and dismissed the matter.

August 2, 2011 ·EPA EAB
Procedural
COMM

B.P. and Department of Agriculture, Inspections Operation Program, San Angelo, TX

B.P. (ECAB 10-2035): Forfeiture and overpayment upheld; recovery remanded

B.P., a former federal food inspector receiving injury compensation, worked as a newspaper carrier and carpenter during periods covered by required earnings reports. The Board found that he knowingly failed to report material employment on the forms, supporting forfeiture and an $87,493.99…

August 2, 2011 ·ECAB
Mixed result
COMM

T.C. and U.S. Postal Service, Post Office, Coeur d'Alene, ID

T.C. (ECAB 11-372): Denial of merit review affirmed

T.C., a retired postal rural carrier, sought compensation for a left hand condition that he attributed to years of mail handling and increased use after right shoulder surgery. OWCP denied the injury claim for insufficient causal evidence. He requested reconsideration and said he attached…

August 2, 2011 ·ECAB
Affirmed
COMM

J.S. and Department of Commerce, Seattle Regional Census Center, Seattle, WA

J.S. (ECAB 11-205): Census enumerator back injury claim denied

J.S., a census enumerator, said a resident pushed him backward during an interview attempt and injured his back. OWCP accepted that the incident occurred but denied the injury claim. The Board found that the submitted treatment and work restriction documents were signed by a physician's assistant…

August 2, 2011 ·ECAB
Affirmed
COMM

M.S. and Department of Agriculture, Forest Service, St. Maries, ID

M.S. (ECAB 11-0126): Ten percent arm impairment award affirmed

M.S., a Forest Service forestry technician, injured his right shoulder at work and later underwent surgery. OWCP awarded compensation for 10 percent permanent impairment of his right arm, and he appealed for a higher rating. The Board found that Dr. Harper, a board-certified orthopedic surgeon, and…

August 2, 2011 ·ECAB
Affirmed
COMM

D.Z. and U.S. Postal Service, Post Office, Cleveland, OH

D.Z. (ECAB 11-65): Postal carrier injury claim denial affirmed

D.Z., a postal carrier, reported chest, neck, and back symptoms while walking and climbing steps on her delivery route. The Board accepted that those work activities occurred but found the medical evidence did not connect them to a diagnosed injury. Emergency and imaging reports did not address…

August 2, 2011 ·ECAB
Affirmed
COMM

K.R. and U.S. Postal Service, Post Office, Clifton, NJ

K.R. (ECAB 11-34): Denial of foot claim merit review affirmed

K.R., a postal letter carrier, sought compensation for a foot condition she attributed to extensive walking and standing. OWCP denied the claim, and she later requested reconsideration, arguing that returning to work after foot surgery contributed to the condition. She also submitted general…

August 2, 2011 ·ECAB
Affirmed
COMM

R.Q. and U.S. Postal Service, Post Office, New York, NY

R.Q. (ECAB 11-11): Compensation suspension reversed for missing notice

R.Q., a postal letter carrier with an accepted left shoulder and arm injury, attended two examinations by an OWCP referral physician. The physician said her reported symptoms prevented a full objective assessment, and OWCP suspended compensation for obstructing the second examination. The Board…

August 2, 2011 ·ECAB
Vacated
COMM

L.G. and U.S. Postal Service, Post Office, Miami, AZ

L.G. (ECAB 10-2387): Compensation suspension for missed examination affirmed

L.G., a postal employee with accepted back, shoulder, and cervical conditions, was scheduled for an impartial examination to resolve a conflict about continuing residuals. She rescheduled the appointment and then did not attend. OWCP gave notice of a proposed suspension and 14 days to respond. The…

August 2, 2011 ·ECAB
Affirmed
COMM

P.F. and Department of Veterans Affairs, Veterans Health Administration, Columbia, SC

P.F. (ECAB 10-2330): Medical evidence requires further development

P.F., a VA nurse, had an accepted neck injury from pushing a medication cart in 2005. She sought acceptance of additional cervical and right shoulder conditions. An OWCP referral physician gave reports supporting a possible connection but did not fully explain whether the herniated disc and…

August 2, 2011 ·ECAB
Remanded
COMM

L.S. and Department of Veterans Affairs, Veterans Health Administration, Fayetteville Veterans Medical Center, Fayetteville, NC

L.S. (ECAB 10-2293): Recurrence claim denied for lack of medical explanation

L.S., a VA patient services assistant, sought compensation for a claimed recurrence of total disability after returning to sedentary work. OWCP had accepted several conditions from an earlier parking lot fall. The Board found no evidence that her modified assignment exceeded her restrictions. It…

August 2, 2011 ·ECAB
Affirmed
ALJ

Road Fork Development Company, Inc.

Roof-support and examination orders affirmed

MSHA found multiple hill seams across a working section without the timbers and cross collars required by Road Fork's roof-control plan, and the hazards were not recorded in the preshift examination book. Judge William B. Moran credited the inspector's account that the deficiencies were extensive…

August 1, 2011 ·William B. Moran ·FMSHRC
Citations affirmed
COMM

J.S. and Department of Labor, Mine Safety and Health Administration, Mount Hope, WV

J.S. (ECAB 11-0234): Two percent hearing loss schedule award affirmed

J.S., a mine safety and health specialist, sought a larger schedule award for work-related hearing loss. OWCP used testing performed for its referral physician and its standard calculation method to award two percent binaural loss. The Board reviewed the hearing thresholds and the calculation…

August 1, 2011 ·ECAB
Affirmed
COMM

R.C. and U.S. Postal Service, Post Office, Arlington, VA

R.C. (ECAB 11-0100): Knee claim not reopened for merits review

R.C., a postal letter carrier, claimed that repeated work activities contributed to right knee and ankle conditions. OWCP denied the claim after finding insufficient medical evidence connecting those conditions to his work. R.C. later requested reconsideration, but OWCP received no additional…

August 1, 2011 ·ECAB
Affirmed
COMM

D.F. and Department of Veterans Affairs, Veterans Health Administration, Southern Arizona Healthcare System, Tucson, AZ

D.F. (ECAB 11-0042): Late hearing request denial affirmed

D.F., a VA nursing assistant, requested an oral hearing after OWCP denied his recurrence claim. His request was postmarked more than 30 days after the denial, so he had no hearing right under the filing rule. The Board also found that OWCP reasonably exercised its discretion to deny a late hearing…

August 1, 2011 ·ECAB
Affirmed
COMM

M.T. and Department of the Air Force, Westover Air Force Base, MA

M.T. (ECAB 10-2337): Suitable work refusal supports compensation termination

M.T., an Air Force construction inspector, sustained an accepted back fracture while moving furniture. His employer offered a modified position within restrictions given by his treating physicians. He refused it. The Board found that the offered duties were medically suitable, OWCP gave the…

August 1, 2011 ·ECAB
Affirmed
COMM

F.O. claiming as widow of A.O. and Tennessee Valley Authority, Maintenance Department, Chattanooga, TN

F.O. claiming as widow of A.O. (ECAB 10-2315): Survivor benefit denial affirmed

F.O. sought survivor benefits after her husband, a Tennessee Valley Authority boilermaker foreman, died. He had an accepted back injury and later underwent authorized back surgery. The Board found that older reports discussing urinary problems after surgery did not explain whether a work-related…

August 1, 2011 ·ECAB
Affirmed
COMM

Y.R. and Department of the Treasury, Internal Revenue Service, Richmond, VA

Y.R. (ECAB 10-2304): Back injury did not establish scheduled impairment

Y.R., an IRS clerk, sustained an accepted lumbar strain while pushing carts. She later sought a schedule award. The Board found that the medical evidence did not show permanent impairment of a scheduled body member caused by that injury. It also held that her reconsideration request did not present…

August 1, 2011 ·ECAB
Affirmed
COMM

D.T. and Department of Justice, Bureau of Prisons, Brooklyn, NY

D.T. (ECAB 10-2258): Consequential right knee claim denied

D.T., a federal correctional supervisor, had an accepted left knee injury and later ruptured a tendon in his right knee. His treating physician attributed the second injury to added weight on the right leg during recovery. An impartial specialist disagreed and attributed the rupture to a…

August 1, 2011 ·ECAB
Affirmed
COMM

L.T. and Department of Justice, Bureau of Prisons, Lewisburg, PA

L.T. (ECAB 10-2228): Compensation termination reversed

L.T., a former correctional officer, had accepted left knee strain and traumatic arthritis. OWCP relied on a referral physician to terminate her benefits and find no wage loss. The Board found that his opinion did not properly address the accepted traumatic arthritis and departed from the statement…

August 1, 2011 ·ECAB
Vacated
COMM

L.T. and Department of the Treasury, Internal Revenue Service, Seattle, WA

L.T. (ECAB 10-2031): Recurrence of disability not established

L.T., an IRS customer service representative, had an accepted right arm strain and cervical subluxation after a workplace incident. She claimed total disability beginning May 7, 2007. The Board found that the medical evidence did not adequately connect her inability to work to the accepted…

August 1, 2011 ·ECAB
Affirmed
COMM

R.G. and Department of Justice, Bureau of Prisons, Tallahassee, FL

R.G. (ECAB 10-1881): Occupational disease claim timely filed

R.G., a prison associate warden, reported psychological effects from a shooting incident and continued work in its aftermath. OWCP denied her claim as untimely based on the date of the incident. The Board found that her exposure continued until May 2007, when she also received treatment and became…

August 1, 2011 ·ECAB
Remanded
COMM

United States Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, Newport News, Virginia (Respondent) and National Association of Independent Labor, Local 2 (Charging Party) and International Federation of Professional and Technical Engineers, Local 1 (Charging Party)

Navy Newport News and NAIL Local 2 (FLRA WA-CA-08-0207 and WA-CA-08-0208): Parking complaint dismissed

Two unions negotiated a parking plan with the Navy's shipbuilding supervisor in Newport News. The plan assigned the lowest priority to employees of tenant commands, including employees represented by a third union, AFGE. When a parking shortage became apparent, the Navy declined to put the plan…

July 29, 2011 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3627 (Union) and Social Security Administration, Office of Disability Adjudication and Review, Jacksonville, Florida (Agency)

AFGE Local 3627 and Social Security Administration Jacksonville (FLRA 0-AR-4749): Flexiplace grievance remains denied

A Social Security Administration decision writer received approval to work at an alternative duty station three days a week, but the hearing office later limited employees to one day because it said too little work was available. An arbitrator found that the flexiplace agreement allowed supervisors…

July 29, 2011 ·FLRA
Upheld
COMM

United States Department of the Air Force, Air Force Materiel Command, Eglin Air Force Base, Florida (Agency) and American Federation of Government Employees, Local 1897 (Union)

Eglin Air Force Base and AFGE Local 1897 (FLRA 0-AR-4716): Standby-pay reconsideration denied

The Authority had previously set aside an arbitrator's standby-pay award for security personnel at Eglin Air Force Base because the arbitrator had not found that the employees were restricted to a designated duty post as required by the applicable regulation. The union sought reconsideration…

July 29, 2011 ·FLRA
Procedural
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)

Federal Correctional Complex Coleman and AFGE Local 506 (FLRA 0-AR-4560): Lost overtime award corrected

The Bureau of Prisons reassigned a correctional officer to a phone-monitoring post and barred him from overtime while investigating his conduct. An arbitrator found that the agency treated him less fairly than other employees under investigation and awarded pay for lost overtime. The Authority…

July 29, 2011 ·FLRA
Modified
ALJ

American Coal Company

Settlement approved for $163,516

American Coal and the Secretary settled all pending enforcement actions in six consolidated Galatia Mine dockets. The Secretary stated that further evaluation showed insufficient evidence to sustain the original charges and separately vacated Citation No. 6617943. Judge Gary Melick approved the…

July 28, 2011 ·Gary Melick ·FMSHRC
Settled
ALJ

Secretary of Labor on behalf of Thurman Wayne Pruitt v. Grand Eagle Mining, Inc.

Physical reinstatement changed to economic reinstatement

An earlier order required Grand Eagle Mining to return Thurman Wayne Pruitt to his former or an equivalent job while his discrimination claim was pending. Grand Eagle asked instead to pay his full wages and benefits without returning him to the site, citing admitted safety incidents and concern…

July 28, 2011 ·Gary Melick ·FMSHRC
Procedural
ALJ

Liggett Mining, LLC

Dust-control citations affirmed and welder citation reduced

MSHA cited Liggett Mining for two roof-bolter dust collection systems that were not maintained in operating condition and for a welder without the required disconnecting device. Judge Alan G. Paez found both dust-control violations significant and substantial because faulty filtration and…

July 28, 2011 ·Alan G. Paez ·FMSHRC
Modified
ALJ

Bowie Resources LLC

Flagrant accumulation order reduced to a $10,000 citation

MSHA alleged that Bowie Resources allowed extensive loose coal, coal dust, and other combustible material to accumulate in an active underground coal section. Judge Richard W. Manning found a violation of 30 C.F.R. § 75.400 because the dry accumulations covered an area about 66 feet long and 18 to…

July 27, 2011 ·Richard W. Manning ·FMSHRC
Modified
ALJ

Mach Mining, LLC.

Ventilation-plan order affirmed with a $5,000 penalty

Mach Mining resumed production in an underground coal mine's Headgate No. 3 after MSHA terminated an earlier withdrawal order, but before the district manager gave written approval to the proposed ventilation plan. Judge Margaret A. Miller found that terminating the earlier order did not approve a…

July 27, 2011 ·Margaret A. Miller ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor on behalf of Kenneth R. Wilder v. Private Investigation and Counter Intelligence Services, Inc. and Bledsoe Coal Corporation

Secretary of Labor on behalf of Kenneth R. Wilder v. PICI and Bledsoe Coal (FMSHRC KENT 2011-1224-D): Temporary reinstatement ordered after electrical work refusal

Kenneth Wilder stopped trying to remove vines from an energized 480-volt power line during heavy rain because he feared electrocution, then told his supervisor why he could not safely complete the task. The next day, Bledsoe Coal told his staffing employer, PICI, that Wilder could no longer work at…

July 27, 2011 ·L. Zane Gill ·FMSHRC
Procedural
COMM

Spring Creek Materials, Inc.

Interlocutory review denied

An ALJ accepted penalty petitions filed months after the 45-day deadline and denied Spring Creek Materials' motions to dismiss. Spring Creek sought discretionary review, but the Commission held that the ALJ's ruling was interlocutory because the penalty cases remained pending. The request therefore…

July 27, 2011 ·FMSHRC
Procedural
COMM

United States Department of Homeland Security, U.S. Customs Border Protection, Swanton, Vermont (Respondent) and American Federation of Government Employees, AFL-CIO, Local 2774, National Border Patrol Council (Charging Party/Union)

Border Patrol Swanton and AFGE Local 2774 (FLRA BN-CA-09-0171): Failure to carry out reinstatement award found unlawful

An arbitrator ordered the Border Patrol to reinstate an agent after overturning his removal, but the agency placed him on paid administrative leave shortly after he returned. The Authority found that the agency had failed to comply fully with the final award and had committed an unfair labor…

July 27, 2011 ·FLRA
Set aside
ALJ

O'Connell Electric Company, Inc.

PPE selection and hazard-certification items affirmed

O'Connell Electric crews performed electrical replacement and maintenance work at a university building where some 34,500-volt switches remained energized. An electrician entered an energized switch cabinet outside the crew's assigned work and suffered severe burns in an arc flash. The judge found…

July 27, 2011 ·John H. Schumacher ·OSHRC
Mixed result
COMM

United States Department of Veterans Affairs, Black Hills Health Care System, Hot Springs, South Dakota (Agency) and American Federation of Government Employees, Local 1539 (Union)

VA Black Hills and AFGE Local 1539 (FLRA 0-AR-4744): Agency exceptions rejected

The Department of Veterans Affairs challenged an arbitration award involving its Black Hills Health Care System and AFGE Local 1539. The Authority concluded that the agency had not shown that the award was based on a qualifying factual error or that it failed to draw its essence from the labor…

July 27, 2011 ·FLRA
Upheld
COMM

D.B. and U.S. Postal Service, Dallas Performance Cluster, Coppell, TX

D.B. (ECAB 11-0256): Overpayment confirmed, waiver question remanded

D.B., a postal mail processor, received compensation after a left foot injury and later returned to full-time work. OWCP found a $1,838.99 overpayment. The Board upheld the fact and amount of the overpayment. OWCP had denied a waiver because D.B. did not document the financial information on his…

July 26, 2011 ·ECAB
Remanded
COMM

E.D. and Department of the Treasury, Internal Revenue Service, Austin, TX

E.D. (ECAB 11-0174): No ratable hearing loss for schedule award

E.D., an IRS revenue officer, sustained accepted injuries when an aircraft struck her workplace. OWCP also accepted work-related hearing loss. A referral examination and audiogram did not show hearing loss reaching the level needed for a schedule award under the standard calculation. The Board…

July 26, 2011 ·ECAB
Affirmed
COMM

M.J. and U.S. Postal Service, Post Office, New Windsor, NY

M.J. (ECAB 11-0128): Overpayment recovery affirmed

M.J., a postal letter carrier, received wage-loss compensation after OWCP terminated his benefits. The Board found that the extra payment created a $2,576.88 overpayment. Although M.J. was without fault, he did not submit the requested overpayment questionnaire and supporting financial documents…

July 26, 2011 ·ECAB
Affirmed
COMM

K.T. and Department of the Air Force, Robins Air Force Base, GA

K.T. (ECAB 11-0091): Late reconsideration request denied

K.T., an Air Force nurse, sought reconsideration of an earlier compensation decision after the filing period had expired. The Board found that her request was untimely. It also found that the submitted material did not show clear evidence of error in OWCP's earlier decision. The Board affirmed the…

July 26, 2011 ·ECAB
Affirmed
COMM

D.W. and U.S. Postal Service, Post Office, Clearwater, FL

D.W. (ECAB 10-2388): Emotional condition claim denied

D.W., a postal letter carrier, attributed anxiety and other symptoms to two conversations with a supervisor about work restrictions and leaving early. The Board found that these conversations concerned administrative matters rather than her assigned duties. It also found that the evidence did not…

July 26, 2011 ·ECAB
Affirmed
COMM

P.C. and U.S. Postal Service, Oakland Processing and Distribution Center, Oakland, CA

P.C. (ECAB 10-2352): Wage-earning capacity determination stands

P.C., a postal mail processor, had an accepted temporary aggravation of asthma associated with a dusty work environment. OWCP later determined that her employment showed no loss of wage-earning capacity. She sought wage-loss compensation for part of 2007 and argued that a later facility assignment…

July 26, 2011 ·ECAB
Affirmed
COMM

L.T. and Department of Veterans Affairs, Veterans Health Administration, Tomah, WI

L.T. (ECAB 10-2235): Shoulder schedule award start date modified

L.T., a VA nursing assistant, had an accepted left shoulder condition and received a schedule award for nine percent impairment of her left arm. The Board found no evidence supporting a higher impairment rating. It changed the award's start date to January 5, 2010, the date of the medical…

July 26, 2011 ·ECAB
Modified
COMM

R.A. and Department of the Army, U.S. Army Training and Doctrine Command, Monterey, CA

R.A. (ECAB 10-2229): Wage loss after hospitalization denied

R.A., an Army instructor, fell down stairs at work and had several accepted physical injuries. She claimed total disability from November 4, 2007 through July 3, 2008. The Board found that the medical reports did not adequately explain how the accepted injuries prevented work during that period…

July 26, 2011 ·ECAB
Affirmed

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.