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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S.O. and Department of Homeland Security, U.S. Immigration and Customs Enforcement
Board recognizes hearing loss diagnosis and remands claim (ECAB 24-0682)
A deportation officer reported exposure to traffic, aircraft, and firearms noise at work. OWCP denied his hearing loss claim on the ground that no medical condition had been diagnosed. The Board found that a second-opinion physician had diagnosed sensorineural hearing loss and right-ear tinnitus…
J.T. and Department of Homeland Security, Customs & Border Protection
Board dismisses premature hearing loss appeal (ECAB 24-0680)
A Customs and Border Protection employee appealed after OWCP accepted his hearing loss and tinnitus claim. He disputed a statement in a medical report that he feared could affect a later impairment rating. The Board found that OWCP had not yet made a final adverse decision on his impairment…
E.F. and U.S. Postal Service, Jacksonville Post Office
Board orders related knee claim files combined (ECAB 24-0537)
A rural postal carrier sought compensation for time away from work to receive treatment for accepted knee conditions. OWCP denied the claimed disability period after reviewing the current file. The Board found that a related, previously accepted right knee injury file also had to be considered. It…
D.W. and Department of Transportation, Merchant Marine Academy
Former midshipman's additional knee award denied (ECAB 24-0526)
A former Merchant Marine Academy midshipman sought a larger award for permanent left leg impairment after an accepted knee injury. He had already received a total 25 percent award. OWCP's medical adviser rated his current impairment at 12 percent under the applicable impairment guides. The Board…
A.N. and Department of Transportation, Federal Aviation Administration
Board upholds late reconsideration denial for air traffic controller (ECAB 24-0503)
An FAA air traffic controller asked OWCP to reconsider its denial of a cervical condition claim. His request arrived more than one year after OWCP's last merits decision. The Board found that the new medical report and his account of work factors did not show clear error in that earlier decision…
I.M. and U.S. Postal Service, Lexington Processing and Distribution Center
Board orders combined review of postal employee’s stress claims (ECAB 24-0367)
A postal processing clerk filed two claims alleging emotional conditions from workplace discrimination and retaliation in 2009. OWCP considered the related claims in separate files. The Board found that the overlapping conditions and work factors required the files to be combined so the full record…
I.M. and U.S. Postal Service, Lexington Processing & Distribution Center
Board orders two postal stress claims combined (ECAB 24-0334; 24-0367)
A postal mail processing clerk filed two claims for emotional conditions allegedly tied to similar workplace events in 2009. OWCP considered them in separate files. The Board found that the files should be combined so OWCP can consider the related evidence together. It set aside the three decisions…
E.F. and U.S. Postal Service, Clovis Post Office
Board affirms left-leg denial and right-leg award (ECAB 23-0994)
A postal letter carrier sought larger permanent impairment awards after a work-related fall. She had previously received awards for 22 percent impairment of the left leg and 2 percent of the right leg. OWCP then granted an additional 5 percent award for the right leg. The Board found that OWCP's…
United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
John J. Pershing VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5948): Authority dismisses unanswered exceptions
The Department of Veterans Affairs filed exceptions to an arbitration award involving John J. Pershing VA Medical Center and AFGE Local 2338. The Authority issued a procedural-deficiency order directing the agency to correct its filing and warning that noncompliance could result in dismissal. The…
Wesley Mallery v. El Segundo Coal Company, LLC
Review granted on adverse action and dismissals
The Commission granted Wesley Mallery's request for review on whether the ALJ erred in finding no adverse action. A majority also directed review on whether the ALJ's show-cause orders and later dismissals were contrary to law because no dismissal or summary-decision motion had been filed. The…
Liferafts Incorporated of P.R.
In re Liferafts Incorporated of P.R. (EAB CAA Appeal No. 24-07C): bulk HFC import settlement approved
Liferafts Incorporated of P.R. imported 73 cylinders containing bulk HFCs, including HFC-134a and the blends R-404A, R-407C, and R-407F. EPA alleged that the shipment entered Puerto Rico without the importer expending the required consumption or application-specific allowances and without an EPA…
Y.D. and Department of Veterans Affairs, Jesse Brown VA Medical Center
Board dismisses appeal from accepted VA claim (ECAB 24-0632)
A VA employee appealed an OWCP decision accepting the compensation claim. The Board found that an acceptance was not a final adverse decision it could review. It dismissed the appeal for lack of jurisdiction. The order does not change OWCP's acceptance of the claim.
B.E. and Department of the Navy, Trident Refit Facility
Navy mechanic's foot condition claim denied (ECAB 24-0614)
A Navy marine machinery mechanic supervisor attributed chronic foot conditions to standing and moving on hard, uneven shipyard surfaces. His podiatrist associated the conditions with that work but did not explain medically how the accepted work factors caused or aggravated them. The Board affirmed…
A.C. and Department of Veterans Affairs, Batavia VA Medical Center
VA nurse's later disability claim denied (ECAB 24-0603)
A VA nurse sought wage-loss benefits beginning in September 2022 after an accepted 2016 back injury. The Board found that the medical reports did not adequately explain how the accepted injury caused disability during the later claimed period. A diagnostic study and a Social Security disability…
M.C. and Department of Veterans Affairs, Martinez VA Medical Center
VA analyst's intermittent wage-loss claim denied (ECAB 24-0516)
A VA management analyst sought wage-loss compensation for missed work in January and February 2022 after an accepted left shoulder injury. Her doctor's reports listed missed hours but did not explain whether the accepted injury caused disability during the claimed periods. Later medical reports did…
C.M. and U.S. Postal Service, Weimar Post Office
Postal clerk's work-related stress claim denied (ECAB 24-0074)
A postal window clerk claimed that workplace stress contributed to anxiety, depression, and other emotional conditions. OWCP accepted that the agency had erred in issuing a suspension notice, making that event a compensable work factor. The Board found that her psychiatrist's reports did not…
G.C. and Department of the Interior, National Park Service, Shenandoah National Park
Park worker's Lyme disease schedule award denied (ECAB 24-0619)
A Shenandoah National Park maintenance worker sought a permanent impairment award after OWCP accepted that he contracted Lyme disease at work. Doctors disagreed about whether it had left ratable impairment. OWCP obtained an impartial medical examination to resolve the conflict. The Board found that…
S.M. and U.S. Postal Service, Jacksonville Post Office
Mail handler's left shoulder claim denied (ECAB 24-0542)
A postal mail handler said repetitive pushing, pulling, and lifting caused or worsened her left shoulder condition. The Board found that the medical reports did not adequately explain how those work factors affected her diagnosed conditions, particularly in light of earlier shoulder problems. One…
C.Y. and Social Security Administration, Atlanta Region
Board upholds refusals to reopen SSA employee's claim (ECAB 24-0330)
An SSA contact representative twice asked OWCP to reopen her emotional condition claim. The underlying dispute concerned whether the factual record established a compensable work factor. Her first request supplied medical reports that did not address that issue, and her second repeated the same…
United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
John J. Pershing VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5939): Authority upholds accommodation award
A VA medical-center employee with autoimmune gastritis sought full-time telework and a flexible schedule as an interim and permanent reasonable accommodation. An arbitrator found that the agency mishandled the request, failed to use available medical-review resources, discriminated based on…
Secretary of Labor v. Taishan Coal, LLC
Vague process failures and unexplained delays barred reopening
Taishan Coal asked the Commission to reopen three final penalty assessments covering 18 citations and orders with proposed penalties totaling $78,622. The company said it failed to forward the assessments to its third-party safety consultant and that there were miscommunications about which…
Secretary of Labor v. Lopke Quarries, Inc.
Misdirected filings and delay barred reopening
Lopke Quarries said it mailed contest forms with penalty payments to MSHA's payment center and later mistakenly sent its first reopening request to MSHA instead of the Commission. The company received delinquency notices in April and May and a scofflaw letter in July, but did not contact MSHA until…
A.G. and U.S. Postal Service, Nimitz Station
Board upholds postal worker's debt but rejects lump-sum repayment (ECAB 24-0592)
A postal carrier received FECA wage-loss compensation and Social Security retirement benefits without the required offset. The Board upheld a $14,822.67 overpayment and found that, although he was without fault, his income and expenses did not support waiver of recovery. OWCP had required the…
K.R. and Department of the Army, Red River Army Depot
Army depot painter's plantar fasciitis claim denied (ECAB 24-0585)
An Army depot painter said prolonged standing, walking, and other work duties caused plantar fasciitis in both feet. Her doctor diagnosed the condition but only repeated her own belief that the concrete floor caused it. The Board found no medical opinion connecting the diagnosis to the accepted…
F.S. and Department of Agriculture, Food Safety and Inspection Service
Board accepts lab's temperature and humidity exposure evidence (ECAB 24-0480)
A Food Safety and Inspection Service supply clerk said extreme temperature and humidity at a laboratory contributed to his pneumonia. Reports from the employer described inadequate climate control, cold work areas, and high humidity. The Board found that these reports established the work exposures…
A.B. and Department of Veterans Affairs, Minneapolis VA Medical Center
VA custodian's recurrence of disability claim denied (ECAB 24-0449)
A VA custodial worker sought benefits for renewed disability after an accepted May 2023 neck and shoulder injury. She had returned to modified duty, then reported being unable to work beginning August 16. The Board found that her medical reports did not explain how the accepted injury spontaneously…
S.F. and U.S. Postal Service, Mid-Island Processing & Distribution Center
Board upholds end of postal worker's injury benefits (ECAB 24-0304)
A mail handler injured her wrists, left knee, and left ankle in a fall at a loading dock. OWCP later ended her wage-loss and medical benefits after a second-opinion doctor found no continuing injury-related disability or residuals. The Board gave that opinion the weight of the medical evidence. It…
J.M. and U.S. Postal Service, Nashville Main Post Office
Board orders further medical review of postal mechanic's knee claim (ECAB 24-0270)
A postal maintenance mechanic reported feeling a pop in his left knee while walking between work buildings. His doctor related a meniscal injury to the accepted incident, but the Board found the report insufficient by itself to establish the claim. It found the report strong enough to require…
M.P. and Department of the Navy, U.S. Naval Support Activity Panama City Fire & Emergency Services Department
Board reverses termination of Navy firefighter's foot injury benefits (ECAB 24-0580)
A Navy firefighter received benefits for an accepted right foot injury that included a fifth metatarsal fracture. OWCP ended wage-loss and medical benefits after relying on medical opinions that it treated as resolving a conflict. The Board found that one doctor had not been given a statement of…
D.B. and U.S. Postal Service, Ridgewood Post Office
Board upholds denial of postal worker wrist claim (ECAB 24-0569)
A postal letter carrier sought compensation for left hand and wrist conditions while working a modified assignment. OWCP accepted that the medical record identified diagnoses, but denied this claim because it did not establish that her work caused them. The Board found that her doctor's reports…
D.F. and U.S. Postal Service, Cleveland Processing & Distribution Center
Board reverses termination of postal worker benefits (ECAB 24-0559)
A postal mail handler received benefits for an accepted lower-back injury. OWCP terminated wage-loss and medical benefits after a second-opinion physician said she could return to work and needed no further treatment. The Board found that the physician's report also identified continuing symptoms…
M.T. and Department of the Air Force, Aircraft Maintenance Squadron, Robins Air Force Base
Board returns neck condition claim for review with earlier file (ECAB 24-0543)
An Air Force materials expediter claimed that work caused a neck disc injury. OWCP denied the claim because the evidence did not establish a causal connection to his work. The Board found that the worker had an earlier accepted claim involving his neck, but OWCP had not combined the two claim…
L.S. and U.S. Postal Service, Sudbury Post Office
Board confirms overpayment but orders recalculation (ECAB 24-0535)
A postal letter carrier kept receiving total-disability payments after returning to full-time work. The Board agreed this created an overpayment. It found that OWCP had not addressed a compensation check that the worker returned and voided before the final determination. It set aside the stated…
J.S. and Department of Veterans Affairs, Lyons VA Medical Center
VA worker's elevator injury claim denied (ECAB 24-0248)
A VA human resources specialist reported back and arm problems after an elevator abruptly stopped or dropped at work. The Board accepted the incident but found that the medical reports did not explain how it caused his diagnosed lumbar conditions, particularly given his earlier back problems. A…
B.H. and Department of Veterans Affairs, Franklin Delano Roosevelt Hospital
Board upholds denial of VA aide's shoulder incident claim (ECAB 24-0163)
A VA nursing assistant said a patient grabbed and pulled him during work, injuring his left shoulder. Surveillance video showed contact with his right arm, while the medical reports described a left shoulder sprain. He did not answer OWCP's requests for a detailed account to resolve the…
C.S. and U.S. Postal Service, Margaret L. Sellers Processing & Distribution Center
Board upholds denial of late hearing request (ECAB 24-0160)
A postal Express Mail clerk sought a hearing or written-record review after OWCP denied his emotional condition claim. He mailed the request more than a year after the denial, beyond the 30-day filing window. The Board found that OWCP reasonably declined to grant a discretionary hearing despite the…
James A. Young v. Price Coal Company, Incorporated
Young v. Price Coal (BRB 24-0066): benefits award and employer liability affirmed
James Young was awarded black lung benefits in a later claim after a judge found 15.21 years of underground coal mine work and a disabling respiratory condition. Price Coal challenged its designation as the employer responsible for payment, arguing that other companies had employed Young more…
Billy G. Nelson v. Peabody Coal Corporation
Nelson v. Peabody Coal (BRB 23-0199): attorney fee rates sent back for explanation
After Billy Nelson won black lung benefits, his lawyer sought payment for legal and support staff work. The judge approved the hours and expenses but reduced four requested hourly rates, producing a $20,758 fee award plus $1,575 in expenses. The Board found that the judge did not adequately address…
James H. Rutherford v. Mate Creek Trucking Incorporated
Rutherford v. Mate Creek Trucking (BRB 23-0077): black lung benefits denial affirmed
James Rutherford sought to modify a black lung benefits denial after years of underground coal mine work. A judge found that his work history and total respiratory disability invoked a statutory presumption, but that the employer had rebutted it by disproving clinical and legal pneumoconiosis…
M.T. and Department of the Navy, Fleet Readiness Center Southeast, Naval Air Station Jacksonville
Board upholds denial of former Navy sandblaster's back claim (ECAB 24-0616)
A Navy employee who had previously worked as an aircraft sandblaster sought compensation for lumbar spinal stenosis. Her neurologist said manual labor over her life contributed to the condition. The Board found the report did not explain how her specific work duties or movements caused or…
M.D., claiming as widow of R.D., and U.S. Postal Service, Processing & Distribution Center, West Palm Beach
Board upholds denial of survivor benefits after postal worker's death (ECAB 24-0609)
A postal mail handler had an accepted lower-back injury and later died of bladder cancer. His widow sought survivor benefits, arguing that the back injury affected his recovery. The Board found that her supporting doctor's report did not explain medically how the accepted injury caused or…
M.A. and U.S. Postal Service, Processing & Distribution Center, Providence
Board upholds refusal to reopen postal worker's late claim request (ECAB 24-0595)
A postal tractor trailer operator claimed that repetitive work caused upper extremity conditions. OWCP denied his claim, and he later asked it to reconsider. The Board measured the latest request from the last merits decision in June 2021 and found it was filed more than one year later. His…
Z.M. and U.S. Postal Service, Millbrae Post Office
Board upholds denial of late request to reopen postal worker's claim (ECAB 24-0547)
A postal worker sought compensation for an emotional condition after an encounter with her supervisor. OWCP denied the claim and later denied a request to reconsider it. Her next request arrived one day after the one-year deadline measured from the last merits decision. The Board found that a new…
R.R. and U.S. Postal Service, Flagler Station Post Office
Board upholds existing impairment awards for postal carrier's legs (ECAB 23-1140)
A postal letter carrier sought a larger schedule award for permanent impairment of both legs. He had already received awards based on 18 percent impairment of each lower extremity. His physician proposed higher ratings using range of motion and a spinal nerve rating. The Board found that OWCP's…
United States Department of Veterans Affairs, Colmery-O'Neil VA Medical Center, Topeka, Kansas and American Federation of Government Employees, Local 906
Colmery-O'Neil VA Medical Center and AFGE Local 906 (FLRA 0-AR-5930): Authority upholds COVID-testing backpay
VA nurses underwent mandatory recurring COVID-19 testing, sometimes outside duty hours, but the medical center did not maintain or provide records showing when individual tests occurred. An arbitrator found that federal law and agency directives required accurate time and testing records and that…
G.A. and U.S. Postal Service, Post Office, San Francisco
Board upholds nonmerit denial of postal worker's reconsideration request (ECAB 24-0607)
A postal employee claimed that years of lifting and other work caused a spinal condition. OWCP denied the claim, and she sought reconsideration. In that request she said some evidence had failed to upload and that she would mail the missing documents, but she submitted no evidence with the request…
B.S. and Department of Commerce, U.S. Census Bureau
Board orders new review of Census worker's mobility equipment request (ECAB 24-0579)
A Census Bureau program analyst sought reimbursement for mobility equipment after an accepted right knee injury. Her physician said a wheelchair, motorized scooter, and stair lift would help her daily activity. OWCP denied the request after its medical adviser appeared to treat the injury claim as…
K.M. and Library of Congress, Collections and Services
Board upholds denial of Library of Congress injury claim (ECAB 24-0577)
A Library of Congress technician reported shoulder and arm injury after a tub struck her at work. OWCP accepted that the incident occurred but denied the injury claim for lack of sufficient medical proof of causation. The Board found that several medical notes identified symptoms or diagnoses…
C.M. and U.S. Postal Service, Processing & Distribution Center, Miami
Board orders further medical development of neck claim (ECAB 24-0560)
An automatic door struck a postal equipment operator's head in 2014, and OWCP accepted several abrasions, contusions, and headaches. He later sought to add cervical spine conditions to the accepted claim. OWCP denied the request after its second-opinion doctor said further imaging was needed to…
A.M. and Department of Veterans Affairs, Veterans Health Administration, Miami
Board reverses cutoff of VA worker's neck and scalp injury benefits (ECAB 24-0533)
A VA program support assistant injured her head and neck in a fall near an elevator. OWCP accepted a neck sprain and scalp contusion, but said no further benefits would be paid after April 11, 2024. The Board found that the physician report OWCP relied on still described a tender hematoma, neck and…
R.I. and U.S. Postal Service, Palatine Processing & Distribution Center
Board dismisses appeal opened by mistake (ECAB 22-0160)
A former postal worker filed paperwork after an earlier Board order. The clerk opened a new appeal docket, but the filing showed that he meant to seek reconsideration of the Board's October 2021 order. Because he had not appealed a final OWCP decision, the Board found no valid appeal before it. It…
Pedro Padilla Morales v. Triple Canopy, Incorporated
Padilla Morales v. Triple Canopy (BRB 23-0327): psychological injury claim denied, hearing care affirmed
Pedro Padilla Morales worked as a security training manager in Iraq and sought compensation for a psychological condition and hearing loss. The judge found that the employer had rebutted the presumption linking the psychological condition to work, then found the remaining medical evidence evenly…
C.G. and U.S. Postal Service, Socastee Post Office
Board upholds denial of wage-loss claim despite accepted spine conditions (ECAB 24-0550)
A postal rural carrier had accepted cervical and lumbar conditions and sought wage-loss compensation for intermittent periods beginning January 21, 2023. Her surgeon documented treatment and a later period off work after lumbar surgery. The Board found that the medical reports did not explain how…
E.M. and U.S. Postal Service, Fallston Post Office
Board upholds denial of rural carrier's back injury claim (ECAB 24-0331)
A rural carrier reported sudden back pain while lifting a mail tote at work and later underwent lumbar surgery. OWCP accepted that the lifting incident occurred but denied the injury claim. The Board found that the physicians' records described symptoms, diagnoses, surgery, and work restrictions…
J.M. and Department of Homeland Security, Customs & Border Patrol
Board again upholds denial of border agent's knee claim (ECAB 24-0606)
A border patrol agent reported knee pain after dismounting an all-terrain vehicle at work. The Board had previously found the incident occurred, but had upheld denial of the claim for insufficient medical proof of a work-related knee condition. On reconsideration, his surgeon corrected an earlier…
R.S. and Department of Veterans Affairs, John J. Pershing VA Medical Center
Board upholds denial of VA custodian COVID-19 claim (ECAB 24-0570)
A VA custodial worker reported COVID-19 after cleaning an area where coworkers had been exposed. The employer agreed that he had been exposed at work, and a nurse practitioner's note reported a positive test. The Board found no physician's medical opinion explaining how the accepted workplace…
T.G. and Department of Veterans Affairs, Veterans Health Administration, Portland
Board upholds denial of VA worker's COVID-19 claim (ECAB 24-0536)
A VA administrative officer reported COVID-19 after an accepted workplace exposure. Her employer confirmed the exposure, and she supplied a positive pharmacy test result. The Board found that the test did not address whether the accepted exposure caused the infection. For a COVID-19 diagnosis after…
J.F. and U.S. Postal Service, Longview Post Office
Board upholds denial of mail carrier's back condition claim (ECAB 24-0521)
A postal carrier reported low back, sacroiliac, and leg symptoms while walking long distances to deliver mail. OWCP denied his occupational disease claim. The Board found that his physician listed diagnoses and restrictions but did not give a reasoned explanation of how the accepted work duties…
S.S. and U.S. Postal Service, Lyons Post Office
Board reverses knee benefit cutoff and orders new arthritis review (ECAB 24-0147)
A postal carrier had accepted left knee injuries and sought to add osteoarthritis to her claim. OWCP denied expansion and ended medical benefits. The Board found that the impartial medical examiner's view of whether the accepted injuries temporarily aggravated arthritis lacked enough explanation to…
J.A. and Department of Veterans Affairs, John J. Pershing VA Medical Center
Board upholds denial of VA nurse's work stress claim (ECAB 23-1001)
A VA licensed practical nurse said workplace accommodation problems, harassment, and discrimination contributed to anxiety and stress. OWCP denied her compensation claim. The Board found that the record did not establish error or abuse in the employer's handling of the accommodation requests, which…
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.