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.S. and U.S. Postal Service, Post Office, Philadelphia, PA
J.S. (ECAB 10-2198): Impartial examiner selection requires new review
J.S., a postal employee, disputed the impairment ratings assigned to his legs. OWCP selected an impartial physician after the Board had identified a medical conflict. J.S. promptly requested participation in the selection and supplied information raising concern about the selected physician. The…
N.P. and U.S. Postal Service, Post Office, Marietta, GA
N.P. (ECAB 10-0952): Mail carrier fall held within performance of duty
N.P., a postal letter carrier, fell while making a delivery and claimed injury. The employer argued that prescription medication intoxication removed the incident from the performance of duty. The Board found that the evidence did not establish intoxication as the cause of the fall. It held that…
Ames Construction, Inc.
Contractor liability affirmed for unsafe pipe unloading
Ames Construction supervised deliveries of large pipes at a mine construction project, where a truck driver removed the load restraints before Ames employees returned with a forklift and was fatally injured when a pipe rolled from the trailer. The Commission held that Ames was a Mine Act operator…
M3 Energy Mining Company
Reopening denied as moot because assessment was not received
M3 Energy Mining asked the Commission to reopen a proposed penalty assessment that it believed might have become a final order. The company stated that it never received the assessment, and the Secretary did not oppose its request. The Commission held that an unreceived assessment had not become a…
Grand Eagle Mining, Inc.
Mistaken penalty contest reopened and remanded
Grand Eagle Mining timely returned a contest form but mistakenly checked Citation No. 6695856 instead of Citation No. 6695859, allowing the penalty it intended to challenge to become a final Commission order. The Secretary did not oppose reopening. A Commission majority reopened the assessment in…
C.M. and U.S. Postal Service, Post Office, Birmingham, AL
C.M. (ECAB 11-0150): Late hearing request denial affirmed
C.M., a postal letter carrier, requested an oral hearing after OWCP ruled on her injury claim. Her March 31, 2010 request was postmarked more than 30 days after OWCP's July 29, 2009 decision. The Board found that she was no longer entitled to a hearing as a matter of right and upheld OWCP's denial…
A.J. and U.S. Postal Service, Post Office, Grand Rapids, MI
A.J. (ECAB 10-2407): Intermittent disability claim denied
A.J., a postal employee with an accepted injury, sought wage-loss benefits for days missed between January and October 2009. Her physician listed missed days and attributed them generally to chronic pain. The Board found that these reports did not give examination findings or a reasoned explanation…
I.D. and Department of Health and Human Services, Social Security Administration, Marietta, GA
I.D. (ECAB 10-2312): Upper body occupational disease claim denied
I.D., a Social Security claims representative, attributed carpal tunnel syndrome, elbow tendinitis, and shoulder impingement to computer and office work. OWCP accepted that he performed the described duties. The Board found that the medical reports did not adequately explain how those duties caused…
C.I. and U.S. Postal Service, Post Office, Placitas, NM
C.I. (ECAB 10-2288): No additional impairment for elbow condition
C.I., a postal clerk, had accepted right shoulder and ulnar nerve conditions and already received a 10 percent right arm impairment award for her shoulder. She sought an additional award for the elbow condition. The Board found that the submitted medical opinions did not apply the required…
M.W. and U.S. Postal Service, Post Office, Secaucus, NJ
M.W. (ECAB 10-2265): Neck and shoulder occupational claim unproven
M.W., a postal mail handler, attributed neck and shoulder conditions to years of work duties. The Board found that her physician's reports did not adequately explain how the identified duties caused or aggravated those conditions. Its analysis and conclusion reject the claim. The order contains…
L.B. and U.S. Postal Service, Post Office, Nashville, TN
L.B. (ECAB 10-2239): Knee injury compensation termination affirmed
L.B., a postal mail handler, had an accepted left knee sprain after an incident at work. OWCP relied on a second opinion physician who found that the sprain had resolved and that later complaints lacked supporting objective findings. The Board found that this opinion was adequately reasoned and…
B.G. and Department of the Interior, National Park Service, Whiskeytown, CA
B.G. (ECAB 10-2232): Back injury benefits and medical care ended
B.G., a National Park Service vehicle operator, had accepted sprain injuries from several workplace incidents. OWCP ended compensation and medical care effective February 14, 2010. The Board found that the medical evidence established no remaining disability or residuals due to the accepted injury…
C.M. and U.S. Postal Service, Post Office, Cincinnati, OH
C.M. (ECAB 10-2161): OWCP must review overlooked medical report
C.M., a postal employee, challenged an OWCP ruling that left in place an earlier termination for refusing suitable work. The record showed that OWCP had received a physician's report before its February 2010 decision. OWCP identified another report but said it had received no additional evidence…
L.M. and Department of Homeland Security, Immigration and Customs Enforcement, Long Beach, CA
L.M. (ECAB 10-2111): Right leg award upheld, left leg issue remanded
L.M., a federal agent, received schedule awards after accepted knee injuries. The Board found that the evidence did not support more than two percent impairment of her right leg. It found that the record was not ready for a decision on the left leg rating. It affirmed the right leg portion, set…
M.L. and Department of Justice, U.S. Penitentiary, Lompoc, CA
M.L. (ECAB 10-2086): Schedule award remanded for overlooked reports
M.L., a federal penitentiary employee, disputed a schedule award for arm impairment. Before deciding the appeal, OWCP received an examination report and another report rating impairment. Its hearing representative did not address either report in the May 2010 decision. The Board held that OWCP had…
B.Q. and Department of Homeland Security, Customs and Border Protection, El Paso, TX
B.Q. (ECAB 10-2085): Teacher position supports wage capacity reduction
B.Q., a border patrol agent, sustained serious physical and psychiatric conditions in a workplace vehicle accident. OWCP assessed her capacity to work in a constructed elementary school teacher position. The Board found that the medical conflicts about her physical and psychiatric ability to work…
L.B. and Department of the Navy, Navy Public Works Department, San Diego, CA
L.B. (ECAB 10-2077): Claim expansion denial lacked reasons
L.B., a Navy employee with several accepted injuries, sought to add conditions affecting other parts of his body. After an earlier Board remand, OWCP listed his new medical reports but did not explain the specific deficiencies in them. The Board found that this bare conclusion did not provide the…
W.I. and Department of Commerce, International Trade Administration, Tokyo, Japan
W.I. (ECAB 10-1848): Medical appointment wage-loss claim denied
W.I., a Commerce Department employee, had accepted head and concussion injuries from a 1992 workplace incident. She sought wage-loss compensation for time spent in medical treatment from 1996 through 2006. The Board explained that compensation for treatment time requires an actual loss of wages. It…
DeWitt Excavating, Inc.
Willful unprotected-trench violation affirmed
Three DeWitt Excavating employees worked in an eight-foot-deep Type C soil excavation with nearly vertical walls and no cave-in protection. The foreman knew protection was required but proceeded without using one of the company's available trench boxes. The judge rejected DeWitt's…
Schaer Development of Central Florida
Improper excavation slope affirmed
Schaer Development installed a manhole in a Florida excavation that reached about 14 feet deep near a highway. OSHA cited spoil piles and a track hoe located within two feet of the edge, but the judge vacated that item because the Secretary did not prove the material or equipment could fall or roll…
K.V. and U.S. Postal Service, Processing and Distribution Facility, Anaheim, CA
K.V. (ECAB 11-0145): Temporary job cannot anchor wage capacity
K.V., a postal clerk with an accepted lumbar condition, worked a modified position that her employer expressly described as temporary. OWCP had used earnings from that job to set her wage-earning capacity. The Board held that a temporary position could not fairly represent capacity when the prior…
P.N. and Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, OK
P.N. (ECAB 11-0110): Fourteen percent arm impairment award affirmed
P.N., an Air Force workload manager, had accepted left arm and shoulder conditions from work injuries. OWCP awarded compensation for 14 percent permanent impairment of her left arm. The Board found that the referral physician and medical adviser supported that rating under the applicable impairment…
H.H. and U.S. Postal Service, Post Office, Portland, OR
H.H. (ECAB 11-0109): Voluntary job change did not create wage loss
H.H., a postal customer service supervisor with an accepted knee injury, voluntarily returned to a craft position at lower pay. He sought compensation measured against his former supervisor wages. The Board found no evidence that the accepted injury prevented him from continuing to earn those…
G.D. and Department of the Interior, Minerals Management Service
G.D. (ECAB 11-0017): Back and leg occupational claim denied
G.D., a federal facilities and security supervisor, attributed lower back, buttock, and leg conditions to work activities. The Board accepted that she had described the claimed employment factors. It found that the medical reports did not give a reasoned explanation connecting those activities to…
E.B. and Department of Homeland Security, Customs and Border Protection, Chula Vista, CA
E.B. (ECAB 10-2323): Training exercise injury claim denied
E.B., a Customs and Border Protection officer, reported chest pain, shortness of breath, and fatigue during an uphill training run. The Board found that the record did not establish a work-related injury through sufficient medical evidence. It also found no basis to reopen the claim for a further…
L.H. and Department of Veterans Affairs, Veterans Health Administration, Buffalo, NY
L.H. (ECAB 10-2248): Postconcussion disability recurrence unproven
L.H., a VA nurse, was struck in the head by a television at work, and OWCP accepted postconcussion syndrome and a head laceration. She later claimed renewed disability beginning October 1, 2009. The Board found that the submitted medical opinions did not adequately explain why the accepted injury…
T.P. and U.S. Postal Service, Jackson Park Station, Chicago, IL
T.P. (ECAB 10-2186): Right shoulder occupational claim denied
T.P., a postal worker, attributed a right shoulder condition to handling mail and loading trucks. She argued that OWCP had approved some treatment for the shoulder. The Board found that the medical record gave inconsistent accounts of how the condition arose and did not provide a reasoned causal…
V.L. and Department of Homeland Security, Transportation Safety Agency, Chicago, IL
V.L. (ECAB 10-2079): Actual modified-work earnings set wage capacity
V.L., a transportation security screener, had an accepted left knee injury and returned to modified screening work. OWCP found that her actual earnings in that position fairly represented her capacity to earn wages and showed no wage loss. The Board agreed that the position and earnings provided an…
P.M. and Department of Veterans Affairs, Veterans Health Administration, Canandaigua, NY
P.M. (ECAB 10-2029): No greater arm impairment shown
P.M., a VA nursing assistant, had accepted shoulder and arm conditions and schedule awards for 11 percent right arm and 13 percent left arm impairment. She sought larger awards and challenged the impairment guide edition used. The Board found that the medical evidence did not establish greater…
E.R. and Department of the Army, Fort Lewis, WA
E.R. (ECAB 10-1470): Right knee disability recurrence established
E.R., an Army employee, had accepted right knee injuries and later knee surgeries. She claimed renewed disability beginning June 12, 2008. The Board found that her treating orthopedic surgeon explained the worsening knee condition, its effect on her ability to work, and its link to the accepted…
Excalibar Minerals, LLC
Final penalty assessment reopened and remanded
Excalibar Minerals asked the Commission to reopen a proposed penalty assessment that had become a final order after the company missed the 30-day contest deadline. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for…
Barrett Paving Materials, Inc.
Final penalty assessment reopened and remanded
Barrett Paving Materials asked the Commission to reopen a proposed penalty assessment that had become a final order after the company missed the 30-day contest deadline. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded…
C.M. and U.S. Postal Service, Post Office, Richmond, VA
C.M. (ECAB 11-0014): Depression-related recurrence claim denied
C.M., a postal mail handler, had accepted wrist and hand conditions. She claimed renewed disability beginning August 2, 2009 because pain from those conditions had led to depression. The employer had light-duty work available. The Board found that the medical evidence did not adequately link the…
M.H. and U.S. Postal Service, Post Office, Chicago, IL
M.H. (ECAB 10-2369): Knee and shoulder occupational claim denied
M.H., a retired postal carrier, attributed degenerative conditions in both knees and shoulders to years of carrier work. Physicians documented symptoms and diagnoses but did not give a reasoned explanation connecting the conditions to his duties. The Board found that he had not established the…
E.M. and Department of Justice, Bureau of Prisons, Lompoc, CA
E.M. (ECAB 10-2296): Calf injury disability claim needs development
E.M., a correctional officer, sought compensation for disability from January 27 to February 12, 2010 after an accepted left calf injury. Her physician described why the injury could have prevented her normal duties, but the opinion did not fully establish disability for the claimed period. The…
C.O. and Department of Homeland Security, Customs and Border Protection, OFO-Chicago, McAllen, TX
C.O. (ECAB 10-2275): Back injury wage-loss claim denied
C.O., a former customs officer, had an accepted lumbar injury and sought compensation after he stopped working in 2007. One physician released him to light duty, and C.O. testified that he could perform duties within those restrictions. The Board found that later work excuses did not provide a…
L.C. and U.S. Postal Service, Post Office, San Diego, CA
L.C. (ECAB 10-2271): Emotional condition claim needs specialist opinion
L.C., a postal window clerk, attributed emotional conditions to stress while performing her duties. An earlier Board decision had recognized that difficulty meeting those duties was a compensable employment factor. Her family physician gave a supported opinion connecting diagnosed conditions to the…
C.T. and U.S. Postal Service, Post Office, Louisville, KY
C.T. (ECAB 10-2116): Back injury benefit termination reversed
C.T., a postal clerk, had accepted back sprain, disc protrusion, and annular tear after lifting mail. OWCP relied on an impartial physician to terminate benefits. The Board found that he still observed findings associated with accepted conditions and did not explain why those unresolved conditions…
T.P. and U.S. Postal Service, Post Office, Lexington, KY
T.P. (ECAB 10-2056): Impairment dispute requires impartial opinion
T.P., a postal mail handler, sought a schedule award for impairment associated with accepted lumbar and right sacroiliac strains. His treating physician and OWCP's medical adviser gave conflicting impairment opinions. The Board found the conflict unresolved and held that the record was not ready…
A.G. and General Services Administration, National Capital Region-Public Building Service, Kansas City, MO
A.G. (ECAB 10-2037): Wage capacity reduction reversed
A.G., a GSA pipefitter, had an accepted cervical injury. OWCP reduced his compensation based on an assumed ability to work in a single constructed dispatcher/maintenance service position. The Board found that his treating physician and OWCP's second opinion physician had unresolved conflicting…
M.A. and U.S. Postal Service, Post Office, Hutchinson, KS
M.A. (ECAB 09-2361): Knee disability claim remanded for referee opinion
M.A., a postal clerk, claimed renewed disability beginning March 25, 2000 from bilateral knee conditions. Her physicians linked ongoing deterioration and work limits to her postal duties. OWCP's referral physician attributed the condition to degeneration and found she could work with restrictions…
L.G. and U.S. Postal Service, Post Office, Kearny, NJ
L.G. (ECAB 11-0162): Schedule award reconsideration refusal affirmed
L.G., a postal mail processor, sought additional review of a denied schedule award for bilateral carpal tunnel syndrome. The Board could review only OWCP's later refusal to reconsider, not the earlier merits decision. It found that her request did not present relevant new evidence or a valid legal…
J.A. and U.S. Postal Service, Post Office, Philadelphia, PA
J.A. (ECAB 11-0071): Twelve percent hearing loss award affirmed
J.A., a postal transportation supervisor, had work-related hearing loss from years of noise exposure. OWCP calculated a schedule award for 12 percent binaural loss using the accepted audiogram and standard formula. The Board reviewed the calculation and found no basis for a higher compensable…
T.E. and U.S. Postal Service, Processing and Delivery Center, Gary, IN
T.E. (ECAB 11-0058): Occupational disease claim denied for lack of causation
T.E., a postal mail handler, attributed pain and a back condition to work on a mail tray system. OWCP accepted that he performed the described work. The Board found that the submitted medical reports discussed symptoms and testing but did not adequately explain how the duties caused a diagnosed…
D.R. and U.S. Postal Service, New Jersey International Bulk Mail Center, Jersey City, NJ
D.R. (ECAB 10-2383): Five percent right arm award affirmed
D.R., a postal employee, received a schedule award after an accepted injury that included a right radius fracture. He sought a higher rating and argued that OWCP should have used an earlier edition of the impairment guides because of delay in deciding his claim. The Board found no more than five…
M.S. and U.S. Postal Service, Post Office, Manchester Center, VT
M.S. (ECAB 10-2254): Back and hip claim remanded for medical opinion
M.S., a postal clerk, attributed low back and left hip conditions to years of standing, lifting, and other physical duties. Her physicians gave opinions suggesting that the work aggravated diagnosed conditions, but did not fully explain causation or exclude other causes. The Board found that the…
S.W. and Department of Defense, Fort Belvoir, VA
S.W. (ECAB 10-2164): Head and neck injury benefit termination affirmed
S.W., a Defense Department supply technician, had accepted head and neck injuries after an elevator safety gate struck her. Her treating and referral physicians disagreed about continuing residuals, so OWCP sought an impartial opinion. The Board found that the impartial medical evidence supported…
S.R. and U.S. Postal Service, Hato Rey Station, San Juan, PR
S.R. (ECAB 10-2159): Emotional claim remanded after compensable incident
S.R., a postal customer service supervisor, claimed anxiety from several workplace events. The Board found that his presence at an accident scene and his supervisor's direction to control traffic there were compensable employment factors. It did not find support for his separate allegations about…
D.A. and U.S. Postal Service, New York Performance Cluster, New York, NY
D.A. (ECAB 10-2027): Seven percent left leg award affirmed
D.A., a postal employee, had accepted left knee injuries and received an award for seven percent leg impairment. He sought a higher percentage and challenged OWCP's use of the sixth edition of the impairment guides. The Board found that the record did not establish greater ratable impairment under…
A.M. and U.S. Postal Service, Main Carrier Annex, Albuquerque, NM
A.M. (ECAB 10-1790): Clear error requires reconsideration of benefit reduction
A.M., a postal maintenance mechanic, sought reconsideration of an older decision reducing his compensation to zero for alleged failure to cooperate with vocational rehabilitation. His request was years late, but the Board found clear evidence of error: the record did not show an OWCP rehabilitation…
United States Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency) and American Federation of Government Employees, Local 1770 (Union)
Womack Army Medical Center and AFGE Local 1770 (FLRA 0-AR-4595): GS-7 backpay award upheld
Womack Army Medical Center offered five applicants GS-7 positions, but processed and paid them at GS-6 when they began work. An arbitrator found that they were qualified at GS-7 and ordered backpay under the labor agreement. The Authority held that the grievance concerned placement in positions…
C.D. and Department of Homeland Security, Transportation Security Administration, Jackson International Airport, Flowood, MS
C.D. (ECAB 11-0059): Schedule award reconsideration refusal affirmed
C.D., an airport security screener, had accepted neck and shoulder conditions from lifting a bag. OWCP denied a schedule award, and she requested reconsideration. The Board found that Dr. Moriarity's report had already been submitted. Dr. Vohra's new report did not address impairment for a schedule…
A.R. and U.S. Postal Service, Post Office, Kearny, NY
A.R. (ECAB 11-0025): Five percent arm impairment award affirmed
A.R., a postal clerk, had accepted right carpal tunnel syndrome and underwent surgery. He sought an award above five percent permanent impairment of his right arm. The Board considered conflicting physician ratings and the applicable impairment method. It found that the evidence did not establish a…
D.S. and U.S. Postal Service, Post Office, Louin, MS
D.S. (ECAB 10-2373): Continuation of pay and hearing denials affirmed
D.S., a postal rural carrier, had an accepted left index finger tendon injury. She sought continuation of pay but filed her claim more than 30 days after the incident. The Board held that this missed the statutory deadline. Her later hearing request also missed its 30-day deadline, and OWCP…
S.M. and U.S. Postal Service, Post Office, Forest Park, IL
S.M. (ECAB 10-2320): Late reconsideration refusal affirmed
S.M., a postal employee, sought reconsideration long after the last merits ruling on his compensation claim. The Board found that the request exceeded the one-year period and did not show clear evidence of error. It affirmed OWCP's refusal to reopen the claim for merits review.
S.C. and U.S. Postal Service, Post Office, Denver, CO
S.C. (ECAB 10-2273): Makeshift postal job invalidates wage capacity
S.C., a postal mail processor, worked a limited-duty assignment after accepted shoulder and thoracic injuries. OWCP used that assignment to determine her wage-earning capacity. The Board found that the job was tailored to her needs, lacked a formal description, and could change with mail volume…
L.H. and U.S. Postal Service, Post Office, Ada, OK
L.H. (ECAB 10-2156): Workplace fall established, injury evidence insufficient
L.H., a postal employee, reported tripping over a case of mail at work. The Board found her account and a contemporaneous routing slip sufficient to establish the incident despite the lack of witnesses and a short reporting delay. The only medical document did not give a firm diagnosis or a legible…
M.H. and Department of Homeland Security, Transportation Security Administration, Atlanta, GA
M.H. (ECAB 10-2146): Modified screener wage capacity upheld
M.H., an airport security screener, had accepted injuries from a work fall and later returned to modified full-time screening work. OWCP used her earnings in that job to set wage-earning capacity. The Board found no error in the original determination and no medical evidence showing that an…
A.D. and Department of the Air Force, Robins Air Force Base, GA
A.D. (ECAB 10-2136): Emotional condition and hearing denials affirmed
A.D., an Air Force security specialist, claimed an emotional condition from alleged workplace harassment. The Board found that the record did not establish a compensable employment factor supporting the claim. Her hearing request was postmarked after the 30-day deadline, and OWCP reasonably denied…
M.K. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
M.K. (ECAB 10-2099): Cashier wage capacity determination stands
M.K., a former Navy shipyard employee, challenged OWCP's use of a constructed cashier II position to measure his wage-earning capacity. The Board had reviewed that determination in earlier appeals. It found that the new submission did not show that the original determination was erroneous or…
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.