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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Johnco Material, Inc.
Equipment inspection violations affirmed
Johnco Materials admitted three equipment-safety violations and disputed only the proposed penalties. The violations involved damaged pressure gauges on an oxygen and acetylene torch, failure to inspect a service truck before use, and a nonworking backup alarm on a bulldozer. Johnco argued that…
Penn National Gaming, Inc. et al.
In re Penn National Gaming, Inc. et al. (EAB RCRA (3008) 11-01(C)): Consent Agreement approved
Penn National Gaming, Inc. and its casino subsidiaries were respondents in an RCRA matter. The parties consented to entry of a Final Order and agreed to comply with a Consent Agreement signed on May 9 and May 18, 2011. The Board approved and incorporated the agreement under 40 C.F.R. § 22.18(b) and…
Excel Mining LLC
Unsupported roof violation affirmed
Excel Mining contested a citation alleging that a 70-foot section of mine roof was not adequately supported against falling draw-rock. The area showed loose and fallen rock, stressed roof-bolt plates, compressed crib wedges, and an uneven roof, and a mine examiner traveled through it weekly. Judge…
G.W. and U.S. Postal Service, Post Office, Newark, NJ
G.W. (ECAB 11-0090): Injury claim denied without medical diagnosis
G.W., a postal letter carrier, claimed leg, arm, and back injuries from a July 7, 2010 workplace incident. OWCP accepted that the incident occurred. The medical notes submitted before OWCP’s decision gave neither a firm diagnosis nor a reasoned explanation linking an injury to the event. The Board…
Southern Crushed Concrete
OSHA citations vacated because MSHA had jurisdiction
Southern Crushed Concrete operated an integrated sand-dredging and processing facility in Texas. OSHA cited conditions at a pug mill where dried sand was mixed with a small amount of cement to produce stabilized sand. The judge found that the pug mill was technologically and geographically…
K.S. and U.S. Postal Service, Post Office, Fort Mitchell, KY
K.S. (ECAB 10-2281): Two percent right leg award upheld
K.S. sought a higher right leg impairment award for plantar fasciitis. Her attending physician proposed a whole person rating without applying the impairment guide to the leg. OWCP’s medical adviser used the guide’s findings and formula to rate the right leg at two percent. The Board found no basis…
D.S. and Department of the Air Force, Hill Air Force Base, UT
D.S. (ECAB 10-2196): Left leg award and late hearing denial upheld
D.S. challenged his left leg schedule award after total knee replacement and requested a hearing. OWCP’s medical adviser applied the sixth edition impairment guide and rated total impairment at 31 percent, leaving 17 percent beyond an earlier award. The Board upheld that rating and its 48.96 weeks…
A.M. and Department of Homeland Security, Transportation Security Administration, Romulus, MI
A.M. (ECAB 10-2070): TSA back condition claim denied for lack of medical link
A.M., a TSA security officer, claimed that screening, lifting bins, and prolonged standing aggravated her lumbar conditions. The Board accepted those work duties and the diagnoses of stenosis, spondylolisthesis, and facet arthrosis. Her physician did not explain medically how the duties aggravated…
J.E. and U.S. Postal Service, Post Office, London, KY
J.E. (ECAB 10-2009): Right shoulder occupational claim denied
J.E., a postal rural carrier, attributed right shoulder impingement to casing and delivering mail. OWCP accepted that she performed the described reaching duties. Her physician checked a causation box but did not account for prior shoulder complaints or explain how specific duties caused or…
R.K. and U.S. Postal Service, Post Office, Bozeman, MT
R.K. (ECAB 10-1989): Emotional condition claim returned for medical review
R.K., a postal letter carrier, attributed an emotional condition to his supervisor’s conduct. The Board found most harassment allegations unsupported but identified one compensable employment factor: management improperly changed his scheduled days off, as a grievance decision established. OWCP had…
M.W. and Department of Health & Human Services, Tahlequah, OK
M.W. (ECAB 10-1902): Chair fall back injury claim returned for development
M.W., a federal telephone operator, fell when her chair moved and flipped as she sat down at work. OWCP accepted the incident but denied her back injury claim for lack of medical proof. Her physician’s reports linked lumbar findings to the fall, though they lacked enough reasoning to establish…
D.L. and U.S. Postal Service, Post Office, Gainesville, FL
D.L. (ECAB 10-1878): Repeated occupational claim denied on work factor evidence
D.L., a postal distribution clerk, attributed several conditions to repetitive work activities in a new claim. The record showed earlier similar claims, but did not establish the claimed work exposure during the period at issue. Her employer disputed that she performed repetitive duties then, and…
M.C. and U.S. Postal Service, Post Office, Irving, TX
M.C. (ECAB 10-1628): Supervisor emotional claim returned for factual development
M.C., a postal supervisor, attributed an emotional condition to an employer investigation, transfer, and difficult interactions with staff. The Board found that stress while instructing subordinates was a compensable work factor. It also found that the employer had not answered OWCP’s request for a…
B.P. and Department of the Army, Fort Knox, KY
B.P. (ECAB 10-1593): Multiple condition occupational claim denied
B.P., an Army materials handler, attributed foot, back, neck, and knee conditions to lifting, pushing, bending, and other work. The Board found the medical reports did not give a complete history or reasoned explanation linking any diagnosed condition to the identified federal duties. Some reports…
National Treasury Employees Union, Chapter 164 (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection, Oroville, Washington (Agency)
NTEU Chapter 164 and Customs and Border Protection (FLRA 0-AR-4693): Shift challenge dismissed
Customs officers worked at paired land ports whose day shifts began at different times. After an arbitrator ordered the agency to let officers state a shift preference within each work unit, the parties disputed whether the agency could offer one collective day-shift choice covering both start…
National Treasury Employees Union, Chapter 145 (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection, Laredo, Texas (Agency)
NTEU Chapter 145 and CBP Laredo (FLRA 0-AR-4492): Suspension grievance returned to arbitration
A Customs and Border Protection employee filed an untimely formal EEO complaint and later grieved a two-day suspension. An arbitrator dismissed the grievance on the ground that the earlier EEO process barred it. The Authority set that ruling aside: under 5 U.S.C. § 7121(d), an employee elects the…
Oak Grove Resources LLC
Renewed reopening request denied with prejudice
Oak Grove Resources renewed a request to reopen penalties covering 80 citations and orders after an earlier denial without prejudice. The company again attributed its failure to contest 27 penalties to miscommunication between its safety director and counsel. The Commission found that explanation…
E.S. and U.S. Postal Service, Post Office, Las Vegas, NV
E.S. (ECAB 10-2096): Twelve percent right leg award upheld
E.S., a postal letter carrier, injured his right knee and quadriceps when another vehicle struck his mail truck. OWCP awarded compensation for 12 percent right leg impairment after repair of the quadriceps injury. Its medical adviser applied the sixth edition impairment guide to the documented…
R.B. and U.S. Postal Service, National Capital Station, Washington, DC
R.B. (ECAB 10-2130): Reconsideration denied for duplicate evidence
R.B. sought reconsideration of a denial of wage loss for a prior disability period. Her request repeated medical evidence already considered, and the additional time sheets did not address the missing medical proof of disability. The Board could review only OWCP’s nonmerit reconsideration ruling…
C.L. and U.S. Postal Service, Post Office, San Francisco, CA
C.L. (ECAB 10-2100): Elbow disability recurrence denied
C.L., a postal worker with accepted right elbow epicondylitis, stopped performing light duty in July 2009. His physician later said the assignment was more demanding, but the record did not establish a change in the job’s requirements or a medically supported worsening of the accepted condition…
A.S. and Department of the Air Force, Sheppard Air Force Base, TX
A.S. (ECAB 10-2048): Hearing loss award denied but hearing aids allowed
A.S., an Air Force mechanic, had work related sensorineural hearing loss. Audiometric calculations showed no ratable hearing impairment for a schedule award. Both the examining physician and OWCP’s medical adviser recommended hearing aids, however. The Board upheld denial of the monetary award and…
S.B. and U.S. Postal Service, Post Office, Lyons, MI
S.B. (ECAB 10-2008): Shoulder injury claim denied after mailbox reach
S.B., a postal rural carrier, felt shoulder pain while reaching from her vehicle to deliver mail. OWCP accepted that the event happened but denied the injury claim. Her physicians diagnosed shoulder conditions without a well-reasoned explanation connecting them to the reach; one report also…
S.R. and Department of Homeland Security, U.S. Immigration & Customs Enforcement, Orlando, FL
S.R. (ECAB 10-2001): Air marshal respiratory claim denied
S.R., a former air marshal, attributed bronchitis and other respiratory illnesses to germs, mold, and irritants on aircraft. The Board found that the record did not establish exposure to particular contaminants on identified flights. The medical reports also did not adequately connect her…
J.S. and Department of Labor, Office of Workers’ Compensation Programs, Denver, CO
J.S. (ECAB 10-1917): Claims examiner emotional claim returned for medical review
J.S., an OWCP claims examiner, attributed an emotional condition to reviewing medical reports as part of his assigned duties. The Board found that this review was an established, compensable work factor. He did not need to have witnessed the underlying incidents or disclose protected claim numbers…
G.B. and Department of Homeland Security, Customs & Border Protection, Port of Seattle, Imperial, CA
G.B. (ECAB 10-1873): Hearing loss claim found timely and returned
G.B., a customs inspector, noticed hearing loss years before he learned it might be related to jet noise at work. OWCP denied his claim as late based on when he first noticed the loss. The Board found no evidence that he knew or reasonably should have known of a work connection before a 2009…
Heldeberg Bluestone & Marble Inc.
Eye-protection violation affirmed as unwarrantable
An MSHA inspector saw a miner splitting bluestone with a sledge hammer and wedge without wearing safety glasses while the quarry foreman watched nearby. The same miner had been cited for failing to wear eye protection two weeks earlier, and the foreman knew of other similar instances. Judge George…
J.D. and Department of Veterans Affairs, Veterans Administration Regional Office, Oakland, CA
J.D. (ECAB 10-2300): Reconsideration denied over unrelated medical report
J.D. sought reconsideration of a claim that OWCP had denied for lack of a compensable employment factor. He checked the reconsideration box and supplied a doctor’s report. The report addressed medical issues but did not establish the disputed work factor, and he presented no new legal argument. The…
H.M. and U.S. Postal Service, Post Office, Cherry Hill, NJ
H.M. (ECAB 10-2205): Ten percent right arm award upheld
H.M., a postal letter carrier, sought a larger schedule award for a right wrist and carpal tunnel injury. His physician had rated impairment at 22 percent under the fifth edition guide but later rated it at ten percent under the sixth edition. The Board held that the sixth edition applied because…
L.M. and U.S. Postal Service, Post Office, Pompano Beach, FL
L.M. (ECAB 10-2203): Retirement election did not justify rehabilitation penalty
L.M., a postal clerk, elected federal retirement benefits while OWCP had her in a job placement plan. OWCP treated her election as failure to participate in vocational rehabilitation without good cause and reduced wage loss compensation. The Board found that OWCP gave no authority or adequate…
A.N. and Department of Transportation, Federal Aviation Administration, Westbury, NY
A.N. (ECAB 10-2150): Knee injury claim and reconsideration denials upheld
A.N., an FAA air traffic control specialist, slipped on a step at work and struck his left knee. OWCP accepted the event but denied his claim because the physician did not explain how it caused the diagnosed meniscal tear. He then sought reconsideration with an MRI report already in the record. The…
J.S. and U.S. Postal Service, Post Office, Oak Hill, OH
J.S. (ECAB 10-2104): Reduced mail hours did not establish injury recurrence
J.S., a part-time postal employee, sought wage loss after her limited duty hours were reduced. The employer reduced hours for all part-time flexible employees because of declining mail volume and revenue. The Board found no evidence that the reduction resulted from her accepted injury or an…
D.H. and U.S. Postal Service, Post Office, St. Louis, MO
D.H. (ECAB 10-2095): Facial disfigurement award of $150 upheld
D.H. sought more than $150 for permanent facial disfigurement after a work injury. OWCP’s medical adviser reviewed a physician report and photographs and found the visible scar and redness very mild. The district director adopted that assessment. The Board found that OWCP followed its procedures…
J.P. and U.S. Postal Service, Post Office, Lorain, OH
J.P. (ECAB 10-2043): Back disability recurrence denied
J.P., a postal employee on modified duty, stopped working in February 2010 and claimed a recurrence of disability. He did not show a change in his job duties. His physician marked him off work but did not explain how the accepted injury caused a new inability to work; reported pain was similar to…
T.S. and U.S. Postal Service, Post Office, Torrance, CA
T.S. (ECAB 10-1961): Wage loss claim returned to resolve medical conflict
T.S., a postal employee with an accepted aggravation of a lumbar disc condition, sought compensation for January 8 through 23, 2008. Her treating and referral physicians disagreed about whether the accepted injury caused disability then. OWCP referred her to an impartial physician, but he had not…
S.A. and Department of the Army, University of Central Missouri, Warrensberg, MO
S.A. (ECAB 10-1894): ROTC knee injury claim returned for medical development
S.A., an Army ROTC cadet, reported that another cadet kicked her left knee during water safety training. The Board found the September 2007 line of duty incident established. Her physician documented a prompt examination and findings that could reflect injury to a knee with a prior graft. The Board…
R.C. and U.S. Postal Service, Post Office, Indianapolis, IN
R.C. (ECAB 10-1672): Late reconsideration and therapy denials upheld
R.C. sought reconsideration of earlier compensation decisions and authorization for physical therapy. The Board found his reconsideration request untimely and lacking clear evidence of error. OWCP had asked his physician to explain the diagnosis and need for therapy related to the accepted injury…
Absmeier Landscaping and Construction, LLC
Operator ordered to address whether paid penalty mooted reopening request
Absmeier Landscaping and Construction asked the Commission to reopen a penalty assessment that had become a final order. The Secretary opposed the request. The Commission's review of MSHA's online records indicated that Absmeier had paid the penalty for the citation at issue. Because neither party…
Matter of E-R-M- & L-R-M-
DHS may place arriving aliens in section 240 proceedings
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against two Cuban nationals on the ground that they should have been placed in expedited removal proceedings. The Board held that DHS may exercise prosecutorial discretion to place arriving aliens in regular…
T.P. and Department of the Army, Fort Monmouth, NJ
T.P. (ECAB 10-2178): Existing leg impairment awards upheld
T.P. sought larger schedule awards than four percent for his left leg and three percent for his right leg. The Board had previously reviewed and upheld the impartial physician’s rating and the selection process. He supplied no new medical evidence establishing greater impairment, and his repeated…
D.B. and Department of the Army, Madigan Army Medical Center, Fort Lewis, WA
D.B. (ECAB 10-2171): Chemical splash injury claim denied for lack of qualified medical proof
D.B. was splashed on the face and arms by liquid from an amalgam canister while cleaning a drain at work. He claimed loss of smell and taste. The Board accepted that the splash occurred but found no qualified physician opinion linking a diagnosed condition to it. Reports from a naturopathic…
M.S. and Department of Agriculture, National Forest Service, Fort Bragg, CA
M.S. (ECAB 10-2122): Shoulder wage loss denial affirmed as modified
M.S., a Forest Service employee, sought wage loss for a period beginning November 22, 2009 after an accepted shoulder injury. OWCP paid compensation beginning December 2. His physician’s reports excused work from December 2 onward but gave no support for disability during the earlier days claimed…
L.F. and Department of the Navy, Trident Refit Facility, Kings Bay, GA
L.F. (ECAB 10-2115): Hearing loss award and facial pain claim denied
L.F., a Navy employee, sought a schedule award for work related hearing loss and tinnitus and acceptance of left-sided facial pain. The audiometry showed hearing loss below the impairment guide’s ratable threshold, so tinnitus did not support a schedule award either. His neurologist did not explain…
L.S. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
L.S. (ECAB 10-2020): TSA injury benefits termination upheld
L.S., a TSA employee, received benefits for accepted spine and shoulder sprains and temporary aggravation of degenerative disc conditions. A referral physician explained that the temporary effects had resolved and found no objective residuals of the accepted injury. Treating reports discussed…
C.S. and Department of Defense, Defense Commissary Agency, Moffett Field, CA
C.S. (ECAB 10-1996): Withdrawn light duty job established disability recurrence
C.S., a commissary employee with an accepted left elbow condition, worked in a modified position within her restrictions. Her employer abolished that job and offered a replacement whose listed duties exceeded those restrictions. The Board found that withdrawal of suitable light duty caused an…
J.B. and Department of Homeland Security, Customs & Border Protection, Richford, VT
J.B. (ECAB 10-1987): Hearing award changed to six percent left ear
J.B., a border patrol employee, received an award for one percent binaural hearing loss caused by work noise. The Board recalculated six percent impairment in the left ear and found that the monaural measure paid more than the binaural measure. It also changed the award start date to July 13, 2009…
T.B. and U.S. Postal Service, Lancaster Processing & Distribution Center, Lancaster, PA
T.B. (ECAB 10-1985): Right arm impairment award returned for a sound rating
T.B. sought more than the 16 percent right arm impairment previously awarded. His physician proposed a higher rating using a wrist fusion category even though he had not undergone a fusion. OWCP’s medical adviser then misread parts of that report when calculating impairment. The Board found the…
R.P. and U.S. Postal Service, Post Office, Knoxville, TN
R.P. (ECAB 10-1948): Bilateral knee occupational claim denied
R.P., a retired postal processing clerk, attributed bilateral knee conditions to standing, turning, and handling mail. OWCP accepted the described work factors but found the medical evidence insufficient to show that they caused or aggravated his knee conditions. His later reconsideration request…
Shamokin Filler Company, Inc.
Interlocutory review of mine-jurisdiction ruling denied
Shamokin Filler Company sought immediate Commission review of an administrative law judge's ruling that its carbon plant was subject to MSHA jurisdiction. The Commission had previously rejected a petition for discretionary review because the judge had not yet decided the alleged violations and…
M.G. and U.S. Postal Service, Post Office, Worcester, MA
M.G. (ECAB 10-2270): Upper limb impairment and reconsideration denials upheld
M.G. sought a schedule award for arm impairment related to accepted cervical strain and subluxation. The Board found no permanent upper limb impairment caused by those accepted conditions. Her later medical submissions did not add findings from which an impairment could be rated, so they did not…
R.M. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN
R.M. (ECAB 10-2212): Back injury denial and hearing abandonment affirmed
R.M., a deckhand, said he hurt his back when he tripped over a table at work. OWCP accepted that the incident occurred but found the medical evidence did not identify a specific injury caused by it. The Board agreed that the physician described pain and tenderness without a firm injury diagnosis or…
R.S. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
R.S. (ECAB 10-2128): Hearing loss claim denial upheld
R.S., a retired shipyard production control supervisor, claimed that civilian workplace noise caused his hearing loss. The Board accepted that he had hearing loss and had been exposed to loud noise at work. His examining physician found that the audiometric pattern was inconsistent with…
A.S. and U.S. Postal Service, Post Office, Chicago, IL
A.S. (ECAB 10-2120): Late reconsideration request denied
A.S. sought reconsideration of an earlier denial of her emotional condition claim. Her November 2009 request came more than one year after the March 2006 merit decision. She cited a sentence in that decision suggesting OWCP had misapplied the law, but the Board found the sentence irrelevant to the…
R.E. and Department of Homeland Security, Customs & Border Protection, Calexico, CA
R.E. (ECAB 10-2097): Right leg impairment rating sent back for review
R.E., a border patrol officer, sought an increase in a 10 percent right leg schedule award after an accepted knee injury and surgery. OWCP’s medical adviser used the default impairment rating for partial meniscus injuries. The Board found that the adviser had not applied the grade modifiers…
M.G. and U.S. Postal Service, Post Office, Lake Charles, LA
M.G. (ECAB 10-2090): Package lifting injury denial upheld
M.G., a postal carrier, claimed that lifting a package injured her right leg in December 2008. The Board found that her accounts did not establish a specific work incident as alleged. She delayed medical treatment and filing the claim, and the December 15, 2008 hospital records did not mention the…
T.T. and U.S. Postal Service, Post Office, Seattle, WA
T.T. (ECAB 10-2014): Reconsideration denial upheld
T.T., a former postal employee, asked OWCP to reconsider the denial of her recurrence of disability claim. She submitted older medical records concerning her right hand and neck, but the Board found that they did not address whether an accepted work injury caused disability during the claimed…
J.H. and U.S. Postal Service, General Mail Facility, Cincinnati, OH
J.H. (ECAB 10-1871): Increased partial disability claim denied
J.H., a mail handler with an accepted right shoulder condition, had been working six hours a day in a modified position. He claimed two more hours of daily disability beginning in June 2009. The Board found that his physicians did not explain how the accepted right shoulder conditions required a…
J.C. and Department of Homeland Security, U.S. Border Patrol Academy, Imperial Beach Station, San Diego, CA
J.C. (ECAB 10-1855): Actual earnings upheld; pay rate sent back
J.C., a former border patrol trainee with an accepted left elbow injury, later worked as a plane interior technician. The Board found that this competitive job was suitable evidence of his earning capacity because it was regular work and not a temporary or specially created position. It also found…
Ben Hur Construction Company
Partial EAJA fee award granted after citations were vacated
Ben Hur Construction prevailed after OSHA withdrew or the judge vacated citations arising from a fatal crane-disassembly accident. The company then sought attorney fees and expenses under the Equal Access to Justice Act. The judge found the Secretary substantially justified in pursuing the…
Matter of Ruth R. ECHEVERRIA
Late TPS registrants must meet initial requirements
The Board reviewed an Argentine respondent's appeal from the denial of her late initial Temporary Protected Status application and her removal order. She sought TPS as the spouse of an El Salvadoran TPS beneficiary, but she was not herself a national of a country designated for TPS. The Board held…
Con-Agg of MO, LLC
Reopening request denied without prejudice for insufficient explanation
Con-Agg of MO asked the Commission to reopen an assessment for six citations after it became a final order. Con-Agg said it first had constructive notice in November 2010, but MSHA records showed that Federal Express delivered the proposed assessment on September 7, 2010. The operator did not…
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.