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

C.R. and U.S. Postal Service, Main Post Office, Winter Haven, FL

C.R. (ECAB 10-2375): Medical conflict requires impartial examination

C.R., a postal worker with an accepted back injury, sought compensation for sexual dysfunction and a related schedule award. His physician and OWCP’s medical adviser disagreed about whether the condition was caused by the accepted injury. The Board found an unresolved conflict of medical opinion…

July 12, 2011 ·ECAB
Remanded
COMM

C.M. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA

C.M. (ECAB 10-2191): Recurrence claim denial affirmed

C.M., a Veterans Affairs employee, claimed renewed disability from an accepted lumbar strain sustained while lifting a patient in 2000. The Board found that the later medical reports did not explain how her condition in 2009 related to that earlier strain. The record also did not show that an…

July 12, 2011 ·ECAB
Affirmed
COMM

Y.G. and U.S. Postal Service, Post Office, Washington, DC

Y.G. (ECAB 10-2190): Late reconsideration refusal affirmed

Y.G., a postal employee, asked OWCP to reconsider an earlier merits decision. The request was filed after the applicable deadline. The Board found that her submission did not show clear evidence of error in the prior decision. It affirmed OWCP’s refusal to reopen the claim.

July 12, 2011 ·ECAB
Affirmed
COMM

S.N. and U.S. Postal Service, Post Office, Appleton, WI

S.N. (ECAB 10-2179): Knee surgery request returned for medical review

S.N., a postal maintenance mechanic, sought authorization for bilateral knee replacements after an accepted temporary aggravation of knee disease. An impartial physician found that the surgeries were unrelated to the work condition, but he had been unable to review part of the medical record. The…

July 12, 2011 ·ECAB
Remanded
COMM

J.S. and Department of Justice, United States Marshals Service, Washington, DC

J.S. (ECAB 10-2167): Lumbar treatment authorization denial affirmed

J.S., a Marshals Service employee, sought authorization for lumbar medial branch blocks after an accepted back strain. OWCP’s referral physician found that the work-related strain had resolved and the requested treatment addressed other back conditions. The treating reports did not adequately…

July 12, 2011 ·ECAB
Affirmed
COMM

J.R. and Department of Veterans Affairs, Carl Vinson Veterans Medical Center, Dublin, GA

J.R. (ECAB 10-2137): Late reconsideration refusal affirmed

J.R., a Veterans Affairs employee, requested reconsideration of an earlier merits decision. The Board could review only the refusal to reopen the claim. It found that the request was late and did not present clear evidence of error. It affirmed OWCP’s decision.

July 12, 2011 ·ECAB
Affirmed
COMM

S.F. and U.S. Postal Service, Lamar Station, Corpus Christi, TX

S.F. (ECAB 10-2065): Right arm schedule award denial affirmed

S.F., a postal employee, sought a schedule award after an accepted right arm wound and contusion. Her attending physician found no lasting impairment on examination. The Board noted that OWCP had used an older edition of the impairment guides, but found the error harmless because the record showed…

July 12, 2011 ·ECAB
Affirmed
COMM

Omya California

Penalty and contest proceedings reinstated

Omya California asked the Commission to reopen a final penalty assessment for Citation No. 8560265, and the Secretary did not oppose relief. While that request was pending, a chief judge dismissed Omya's related contest because the penalty assessment had not yet been reopened. The Commission held…

July 11, 2011 ·FMSHRC
Procedural
COMM

J.A. and Department of the Air Force, Lackland Air Force Base, TX

J.A. (ECAB 10-2353): Stress-related claim denial affirmed

J.A., an Air Force employee, attributed a stress-related condition to his supervisor’s conduct on December 21, 2009. The Board found insufficient evidence that the disputed incidents occurred as alleged. It also found no established work factor arising from his regular duties or a proven abuse in…

July 11, 2011 ·ECAB
Affirmed
COMM

C.W. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA

C.W. (ECAB 10-2290): Compensation suspension affirmed

C.W., a transportation security screener receiving injury benefits, was asked to return an employment and dependent-status form. OWCP sent two requests to his address of record and warned that benefits would be suspended without a completed response. He did not return the required form within the…

July 11, 2011 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, Post Office, Swedesboro, NJ

M.M. (ECAB 10-2216): Vocational-rehabilitation reduction reversed

M.M., a postal employee, elected retirement benefits while OWCP pursued vocational rehabilitation. OWCP reduced her compensation to zero, treating her as having refused to cooperate. The Board found no factual evidence that she had refused rehabilitation services. It reversed the reduction.

July 11, 2011 ·ECAB
Vacated
COMM

S.W. and U.S. Postal Service, Post Office, Troy, MI

S.W. (ECAB 10-2071): Neck and wage-loss claims denied

S.W., a postal employee with an accepted right carpal tunnel condition, sought recognition of cervical disorders and wage-loss compensation. The Board found that the medical evidence did not establish that the neck conditions were caused by her work or accepted injury. It also found that she could…

July 11, 2011 ·ECAB
Affirmed
COMM

D.R. and Department of Agriculture, Forest Service, Coconino National Forest, Flagstaff, AZ

D.R. (ECAB 10-2050): Recurrence claim denial affirmed

D.R., a Forest Service employee, claimed renewed disability after an accepted vertebral fracture and a later loss of his modified-duty job. The Board found that his job ended for conduct reasons unrelated to the injury. Contemporaneous medical evidence did not establish renewed work disability from…

July 11, 2011 ·ECAB
Affirmed
COMM

D.H. and Department of the Navy, Naval Air Facility, El Centro, CA

D.H. (ECAB 10-2013): Arm award ratings returned for clarification

D.H., a Navy employee, sought increases to existing 14 percent schedule awards for each arm. OWCP used its medical adviser’s impairment calculation after an impartial specialist had supplied a different rating. The Board found that the impartial specialist needed to clarify the rating under the…

July 11, 2011 ·ECAB
Remanded
COMM

B.H. and U.S. Postal Service, Post Office, Atlanta, GA

B.H. (ECAB 10-1982): Late reconsideration request rejected

B.H., a postal mail processor, asked OWCP to reconsider its denial of wage loss compensation for two weeks in June 2006. The Board could review only OWCP’s refusal to reconsider because the last decision on the underlying claim was issued in 2006. B.H. requested reconsideration in March 2010, after…

July 11, 2011 ·ECAB
Affirmed
COMM

W.W. and Department of Homeland Security, Transportation Security Administration, Charleston, SC

W.W. (ECAB 10-1922): Recurrence of disability denial affirmed

W.W., a transportation security screener, had an accepted right hip and thigh injury and returned to limited duty. She sought compensation for a recurrence of disability from June 30 to July 2, 2009. The Board found no change in her light duty job requirements. Her physician took her off work but…

July 11, 2011 ·ECAB
Affirmed
COMM

J.M. and Department of the Navy, Navy Shipyard, Puget Sound, Bremerton, WA

J.M. (ECAB 10-1913): Compensation overpayment and recovery affirmed

J.M., a former Navy shipyard painter, continued to receive compensation at the higher rate for workers with dependents after his wife died. He listed her as a dependent on three annual forms. The Board affirmed OWCP’s calculation of a $5,610.33 overpayment for October 2006 through October 2009. It…

July 11, 2011 ·ECAB
Affirmed
COMM

Delek Refining, LTD.

Third-party report privilege requires in-camera review

After a refinery explosion and fire, OSHA issued process-safety citations and subpoenaed a draft technical report prepared by an outside consultant. Delek claimed the report was protected by attorney-client privilege, but the judge denied its motion to quash without reviewing the document. The…

July 11, 2011 ·OSHRC
Procedural
COMM

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

AFGE Local 3627 and Social Security Administration Tampa (FLRA 0-AR-4752): Union exceptions denied

AFGE Local 3627 challenged an arbitration award involving the Social Security Administration's disability adjudication office in Tampa. The Authority concluded that the union had not shown the award to be deficient under the grounds it raised. The decision cites standards for challenges concerning…

July 11, 2011 ·FLRA
Upheld
COMM

United States Department of the Air Force, Air Force Flight Test Center, Edwards Air Force Base, California (Agency) and Sport Air Traffic Controllers Organization (Union)

Edwards Air Force Base and Sport Air Traffic Controllers Organization (FLRA 0-AR-4620): Exceptions dismissed while remedy remains open

An arbitrator found that Edwards Air Force Base changed a practice giving air traffic controllers enough administrative leave for at least twelve hours of rest after overtime without completing bargaining. She ordered the base to restore the prior practice until it bargained and directed the…

July 11, 2011 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 12 (Union) and United States Department of Labor (Agency)

AFGE Local 12 and Department of Labor (FLRA 0-AR-4541): Removal exceptions dismissed for lack of jurisdiction

The Department of Labor removed an employee after finding that his performance remained unacceptable following a performance improvement plan. An arbitrator denied the union's grievance, including its claim that the removal retaliated against the employee for seeking union representation. The union…

July 11, 2011 ·FLRA
Procedural
ALJ

Conshor Mining, LLC

Briefing ordered on repeated flagrant violation test

Conshor Mining contested three withdrawal orders alleging violations of its approved roof control plan at Mine No. 1. The Secretary sought enhanced penalties totaling $328,000 by treating the violations as repeated flagrant violations based on two earlier unwarrantable violations of the same…

July 8, 2011 ·Jerold Feldman ·FMSHRC
Procedural
COMM

D.D. and Department of Transportation, Federal Aviation Administration, San Diego, CA

D.D. (ECAB 10-2408): Occupational disease denial and hearing abandonment affirmed

D.D., an FAA aviation safety inspector, claimed that exposure during aircraft accident investigations caused chronic bronchitis and a lung condition. The Board found that his physicians diagnosed conditions but did not explain how his work caused or aggravated them. It also found that OWCP mailed…

July 8, 2011 ·ECAB
Affirmed
COMM

R.M. and U.S. Postal Service, Post Office, St. Petersburg, FL

R.M. (ECAB 10-2317): Increased leg impairment awards denied

R.M., a former postal mechanic, had received schedule awards for 27 percent impairment of each leg after an accepted back injury. He sought increased awards because his pain had worsened. The Board found that his physician’s new impairment evaluation was identical to the earlier one and showed no…

July 8, 2011 ·ECAB
Affirmed
COMM

R.G. and U.S. Postal Service, Post Office, Philadelphia, PA

R.G. (ECAB 10-2236): Arm impairment rating returned for explanation

R.G., a postal clerk, had received schedule awards for a total 10 percent impairment of her right arm. She sought an additional award after treatment for accepted right arm conditions. The Board rejected her argument that OWCP should use an older edition of the impairment guides. It found, however…

July 8, 2011 ·ECAB
Remanded
COMM

S.K. and U.S. Postal Service, Post Office, Carol Stream, IL

S.K. (ECAB 10-2151): Existing arm impairment awards affirmed

S.K., a postal clerk, received schedule awards for impairment of both arms after accepted shoulder, wrist, and cervical conditions. She sought higher ratings based on her treating surgeon’s estimate of 64 percent impairment in each arm. The Board found that the surgeon used the impairment guides…

July 8, 2011 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Philadelphia, PA

J.W. (ECAB 10-2129): Schedule award denied for lack of work related impairment

J.W., a former postal motor vehicle operator, sought a schedule award for impairment in his arms and legs after accepted neck and back sprains. In an earlier decision, the Board had upheld OWCP’s finding that the accepted sprains had resolved. The Board found that J.W.’s physician did not explain…

July 8, 2011 ·ECAB
Affirmed
COMM

C.C. and Department of Justice, Bureau of Prisons, Philadelphia, PA

C.C. (ECAB 10-2054): Correctional officer injury claim returned for medical review

C.C., a correctional officer, claimed a right hand and arm injury while helping restrain an inmate at work. OWCP denied the claim because it found that the incident had not occurred as alleged. The Board found that the witness accounts and prompt medical treatment supported that C.C. had restrained…

July 8, 2011 ·ECAB
Remanded
COMM

T.R. and U.S. Postal Service, Post Office, Stamps, AR

T.R. (ECAB 10-2041): Fall injury claim denied for lack of medical explanation

T.R., a postal clerk, slipped on a ramp at work and claimed head, neck, and arm conditions. OWCP accepted that the fall occurred but denied the injury claim. The Board found that her physicians documented symptoms and diagnoses without adequately explaining how the fall caused or aggravated those…

July 8, 2011 ·ECAB
Affirmed
COMM

L.G., executrix of the estate of W.L., widower of E.L., and Department of the Army, Walson Army Hospital, Fort Dix, NJ

L.G. (ECAB 10-1941): Wage loss denial modified for surgery period

L.G., the executrix of a widower’s estate, pursued wage loss compensation for the deceased employee’s accepted knee injury. The Board found the medical evidence did not establish total disability beginning in April 1992. It did establish total disability from the employee’s knee replacement surgery…

July 8, 2011 ·ECAB
Modified
COMM

C.K. and U.S. Postal Service, Management Section Center, Baltimore, MD

C.K. (ECAB 10-1926): Additional leg award and reconsideration denied

C.K., a former postal mail processor, had received a schedule award for one percent impairment of her left leg after an accepted lumbar strain. On remand from an earlier Board decision, an impartial physician found that the strain had resolved and did not support a higher work related impairment…

July 8, 2011 ·ECAB
Affirmed
ALJ

Central Building & Preservation

Unprotected 200-foot roof edge results in serious citation

A foreman and laborer worked inches from the edge of a Chicago building about 200 feet above the ground with their harnesses unattached. OSHA personnel observed and photographed the condition from an office across the street. The foreman's participation established employer knowledge, and the…

July 8, 2011 ·Sidney J. Goldstein ·OSHRC
Citations affirmed
COMM

B.S. and U.S. Postal Service, Post Office, Carol Stream, IL

B.S. (ECAB 11-0088): Refusal to reconsider right knee claim affirmed

B.S., a postal mail handler, asked OWCP to reopen its denial of his right knee occupational disease claim. The Board could review only OWCP’s refusal to reconsider because his appeal came more than 180 days after the last decision on the claim’s merits. His reconsideration request stated his belief…

July 7, 2011 ·ECAB
Affirmed
COMM

M.M. and Department of Homeland Security, Transportation Security Administration, Jamaica, NY

M.M. (ECAB 10-2358): Hand injury denial affirmed on modified grounds

M.M., a transportation security officer, reported injuring his right hand while lifting baggage at work. OWCP denied the claim after finding that he had not established the incident or submitted medical evidence. The Board found that the lifting incident occurred as alleged because the employer did…

July 7, 2011 ·ECAB
Modified
COMM

G.H. and U.S. Postal Service, James A. Farley Building, New York, NY

G.H. (ECAB 10-2283): Refusal to reconsider benefit suspension affirmed

G.H., a postal personnel clerk with an accepted carpal tunnel claim, had her benefits suspended after failing to return required forms. She asked OWCP to reconsider the suspension. The Board could review only OWCP’s refusal to reconsider, since her Board appeal was too late for review of the…

July 7, 2011 ·ECAB
Affirmed
COMM

L.L. and U.S. Postal Service, Franklin D. Roosevelt Post Office, Lenox Hill Station, New York, NY

L.L. (ECAB 10-2263): Reduced limited duty hours require further review

L.L., a postal mail carrier with accepted ankle and foot conditions, claimed a recurrence of disability when the Postal Service reduced her limited duty hours from eight to one per day. Her physician said she could still work eight hours in the limited duty position. The Board found that OWCP had…

July 7, 2011 ·ECAB
Remanded
COMM

L.A. and Department of Veterans Affairs, Veterans Health Administration, Brockton, MA

L.A. (ECAB 10-2255): Reconsideration of suitable work refusal denied

L.A., a Veterans Affairs food service worker, had compensation terminated after OWCP found that she refused suitable limited duty work. She asked OWCP to reconsider that decision. The Board treated OWCP’s response as a refusal to reopen the merits, despite wording in the response that suggested…

July 7, 2011 ·ECAB
Affirmed
COMM

M.C. and U.S. Postal Service, Post Office, Carol Stream, IL

M.C. (ECAB 10-2242): Spine occupational disease denial affirmed

M.C., a former postal supervisor, claimed that moving heavy mail and other work duties caused her current spine conditions. She had prior accepted neck and back injuries, and an earlier Board remand called for further medical review. The first impartial examiner could not clarify his opinion…

July 7, 2011 ·ECAB
Affirmed
COMM

F.F. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

F.F. (ECAB 10-2083): Hearing loss claim returned for medical clarification

F.F., a retired Navy shipyard toolmaker foreman, claimed hearing loss from years of industrial noise exposure. His physician initially attributed most of the loss to past work noise, then said later test results pointed to other causes while still acknowledging some work related loss. The Board…

July 7, 2011 ·ECAB
Remanded
COMM

E.H. and U.S. Postal Service, Post Office, Baltimore, MD

E.H. (ECAB 10-1958): Vocational rehabilitation benefit reduction reversed

E.H., a former postal letter carrier, had his compensation reduced after OWCP found that he did not cooperate with job placement assistance. The Board agreed that he had failed to cooperate but found that OWCP had not established the proposed teacher’s aide job was medically suitable. Its medical…

July 7, 2011 ·ECAB
Vacated
COMM

C.C. and U.S. Postal Service, Post Office, Philadelphia, PA

C.C. (ECAB 10-1875): Recurrence denial and late hearing request affirmed

C.C., a postal clerk with accepted heel spurs and plantar fasciitis, sought compensation for a claimed recurrence of disability during July through October 2008. An impartial orthopedic surgeon reviewed her modified job duties and concluded that she could perform them during that period. The Board…

July 7, 2011 ·ECAB
Affirmed
COMM

D.K. and Department of Justice, Bureau of Prisons, U.S. Prison, Atlanta, GA

D.K. (ECAB 10-2361): Augmented benefit overpayment and recovery affirmed

D.K., a former Bureau of Prisons correctional officer, received compensation at the higher rate for workers with eligible dependents. She listed siblings and a great niece as dependents but did not show that she had adopted them. The Board held that they did not qualify as children for that rate…

July 6, 2011 ·ECAB
Affirmed
COMM

T.S. and U.S. Postal Service, Post Office, Forest Park, IL

T.S. (ECAB 10-2332): Wage loss termination upheld, headache care restored

T.S., a postal mail handler, received compensation after an accepted head and neck injury. The Board gave special weight to an impartial physician’s opinion that he could return to work, and it upheld termination of wage loss payments. The physician did not address whether T.S. still needed care…

July 6, 2011 ·ECAB
Mixed result
COMM

L.F. and U.S. Postal Service, Los Angeles Processing and Distribution Center, Los Angeles, CA

L.F. (ECAB 10-2287): Foot condition claim and reconsideration denied

L.F., a postal carrier technician, claimed that years of walking on uneven routes caused a condition in both feet. OWCP accepted that her duties involved prolonged walking. The Board found no medical report diagnosing a bilateral foot condition and explaining its connection to those duties. The…

July 6, 2011 ·ECAB
Affirmed
COMM

R.W. and U.S. Postal Service, Post Office, Charlotte, NC

R.W. (ECAB 10-2274): Customer service wage capacity reduction reversed

R.W., a former postal mail carrier, received disability compensation after accepted back, neck, and shoulder conditions. OWCP reduced his payments based on wages it said he could earn as a customer service representative. An impartial physician limited his daily reaching and said the job was…

July 6, 2011 ·ECAB
Vacated
COMM

J.F. and U.S. Postal Service, Post Office, Milwaukee, WI

J.F. (ECAB 10-2134): Pay denial affirmed, reconsideration refusal set aside

J.F., a postal maintenance mechanic, sought continuation of pay for a back strain and challenged OWCP’s refusal to reopen his claim. The Board agreed that the work history supported classifying the accepted injury as an occupational disease rather than a single shift traumatic injury. That…

July 6, 2011 ·ECAB
Mixed result
COMM

R.C. and Department of Homeland Security, Transportation Security Administration, Dallas Love Field, Dallas, TX

R.C. (ECAB 10-2113): Overpayment upheld, fault finding set aside

R.C., a transportation security screener, returned to work while a disability payment for part of the same period was sent to her bank account. OWCP found a $442.82 overpayment and held her at fault, requiring repayment. The Board agreed that the payment covered five days after she resumed…

July 6, 2011 ·ECAB
Mixed result
COMM

C.R. and U.S. Postal Service, Post Office, Blackwood, NJ

C.R. (ECAB 10-1910): Six percent shoulder impairment award upheld

C.R., a postal rural letter carrier, sought a larger schedule award for a left shoulder injury. Her physician first rated the impairment at 13 percent under an older edition of the medical guides, then rated it at six percent under the edition used for OWCP’s decision. The Board found the six…

July 6, 2011 ·ECAB
Affirmed
COMM

M.O. and Department of the Treasury, Internal Revenue Service, Independence, OH

M.O. (ECAB 10-1860): Wage loss claim returned for an impartial medical opinion

M.O., an Internal Revenue Service agent, sought wage loss compensation for February 16 through September 26, 2009 after an accepted fall at work. OWCP denied the claim because its examining physician said the work related conditions had resolved by February 15. M.O.’s treating physician said the…

July 6, 2011 ·ECAB
Remanded
COMM

F.I. and U.S. Postal Service, Post Office, Garfield Heights, OH

F.I. (ECAB 10-1668): Increased left leg schedule award denied

F.I., a former postal custodian, previously received a schedule award for six percent impairment of his left leg after an accepted back injury. He later sought an increased award. A second opinion physician and OWCP’s medical adviser rated the left leg at three percent under the newer medical…

July 6, 2011 ·ECAB
Affirmed
COMM

J.M. and Department of Homeland Security, Transportation Security Administration, Spokane, WA

J.M. (ECAB 10-2334): Wage loss termination reversed

J.M., a transportation security screener, received wage loss compensation for accepted right arm and shoulder conditions. OWCP terminated that compensation after an impartial physician said J.M. could perform his usual job. The physician had earlier said J.M. could not perform that job and gave…

July 5, 2011 ·ECAB
Vacated
COMM

D.K. and U.S. Postal Service, Post Office, Portland, OR

D.K. (ECAB 10-2289): Knee disability claim returned for impartial examination

D.K., a postal letter carrier, worked a limited duty job after an accepted bilateral knee condition. He claimed that worsening pain required him to reduce his workday from eight hours to six. His treating physician supported the reduced schedule, while an OWCP referral physician said he could…

July 5, 2011 ·ECAB
Remanded
COMM

B.A. and Department of Justice, Bureau of Prisons, Duluth, MN

B.A. (ECAB 10-2202): Overpayment calculation remanded, fault finding reversed

B.A., a former Bureau of Prisons employee, challenged OWCP’s finding that it had paid him $9,065.11 too much in wage loss compensation. OWCP said it used the wrong pay rate, but did not properly apply the statutory rules for choosing the pay rate or explain when disability began. The Board set…

July 5, 2011 ·ECAB
Mixed result
COMM

J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL

J.D. (ECAB 10-2126): Arm impairment claim returned for an impartial rating

J.D., a postal distribution clerk, sought a schedule award for permanent impairment of her arms. Her treating physician rated substantial impairment, while OWCP’s second opinion physician found none. OWCP’s hearing representative identified a conflict and ordered an impartial evaluation. OWCP…

July 5, 2011 ·ECAB
Remanded
COMM

A.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Greenville, NC

A.H. (ECAB 10-2103): Back injury claim and reopening denial affirmed

A.H., a medical center health technician, reported back pain after bending to draw a patient’s blood. OWCP accepted that the incident occurred but denied the claim for lack of medical evidence connecting a diagnosed condition to it. The Board agreed: the physician records did not supply the…

July 5, 2011 ·ECAB
Affirmed
COMM

V.C. and U.S. Postal Service, Post Office, Lubbock, TX

V.C. (ECAB 10-2101): Knee condition claim denial affirmed

V.C., a postal clerk, attributed a right knee condition to years of standing, twisting, and moving equipment at work. OWCP accepted her description of those duties but denied the claim. Her doctors diagnosed and treated knee conditions, including meniscus tears, but their reports did not say…

July 5, 2011 ·ECAB
Affirmed
COMM

L.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MS

L.C. (ECAB 10-2092): Three percent left leg schedule award upheld

L.C., a former medical supply technician, sought a larger schedule award after an accepted lumbar sprain. Several physicians offered different impairment ratings, including whole person and spine ratings. The Board explained that those ratings could not support a schedule award for a scheduled body…

July 5, 2011 ·ECAB
Affirmed
COMM

G.B. and U.S. Postal Service, Processing and Distribution Center, Santa Clarita, CA

G.B. (ECAB 10-1960): Wage loss claim denial affirmed

G.B., a postal employee with accepted cervical conditions, sought wage loss compensation for a period when she stopped working in 2006. Her treating physician recorded symptoms and stated on several forms that she was unable to work. The Board found that his reports did not explain how the accepted…

July 5, 2011 ·ECAB
Affirmed
COMM

D.G. and U.S. Postal Service, Palatine Processing and Distribution Center, Palatine, IL

D.G. (ECAB 10-1936): Arm impairment awards returned for medical clarification

D.G., a postal processing clerk, disputed OWCP’s schedule awards for nine percent right arm and two percent left arm impairment. Her physicians and an OWCP physician disagreed about the extent of impairment, so OWCP appointed an impartial specialist. He could not complete reliable testing and did…

July 5, 2011 ·ECAB
Remanded
COMM

G.S. and Department of Veterans Affairs, Veterans Health Administration, Hines, IL

G.S. (ECAB 10-2231): Traumatic back injury claim denial affirmed

G.S., a medical center cleaner, reported sharp back pain while disposing of trash at work. OWCP accepted that the incident occurred but denied the injury claim. His later medical records described back conditions and treatment. The Board found that the physician who suggested a work connection had…

July 1, 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.