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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Leary v. Prime Marketing of America
ACA settlement approved and sealing denied
Madeline Leary and two respondents settled an Affordable Care Act retaliation case while the respondents' petition for review was pending. The Board limited its review to the ACA matter within its delegated authority and construed the agreement's Colorado-law clause not to restrict federal…
S.M. and U.S. Postal Service, Forest Park Bulk Mail Center
Board rejects renewed treatment claim for postal worker’s old wrist injury (ECAB 24-0611)
A postal mail handler had an accepted left carpal tunnel condition and later returned to modified duty. Decades later he sought renewed medical treatment and reconsideration of earlier denials. The Board held that his February 2024 reconsideration request was late and did not show clear error. It…
S.M. and U.S. Postal Service, Bulk Mail Center, Forest Park
Board upholds two denials in postal worker's long-running carpal tunnel claim (ECAB 24-0610 and 24-0611)
A former postal mail handler had an accepted left carpal tunnel condition and disputed several later benefit decisions. He sought to reopen an older wage-loss decision and claimed a recurring need for treatment dating from February 1989. The Board found his February 2024 reconsideration request…
Belvia Short (on behalf of and widow of Bobby Short) v. Benham Coal, Incorporated and International Harvester/Navistar
Short v. Benham Coal (BRB 23-0499 and 23-0500 BLA): miner and survivor benefits affirmed
Belvia Short pursued her late husband's black lung claim and her own survivor claim against Benham Coal and International Harvester/Navistar. The administrative law judge found 10.83 years of underground coal mine employment, so the fifteen year presumption did not apply, but found total disability…
Belvia Short, widow of and on behalf of Bobby Short v. Benham Coal, Incorporated
Short v. Benham Coal (BRB 23-0499 and 23-0500): miner and survivor benefits affirmed
Belvia Short pursued her late husband's black lung claim and her own survivor claim. A judge awarded benefits after finding that Bobby Short's disabling lung disease was partly caused by coal mine dust, despite other possible causes including smoking and cancer treatment. The Board upheld the…
David L. Haire v. Island Creek Coal Company
Haire v. Island Creek Coal (BRB 23-0278): black lung benefits award affirmed
David Haire sought black lung benefits in a later claim after at least twenty-two years of underground coal mine work. A judge found that he had a disabling respiratory impairment and that the employer did not rebut the resulting statutory presumption. The Board upheld the judge's weighing of…
Donald M. Kunselman v. Rosebud Mining Company
Kunselman v. Rosebud Mining (BRB 23-0257): black lung benefits denial sent back again
Donald Kunselman sought black lung benefits after forty-one years of coal mine work. Earlier rulings established that he had pneumoconiosis related to that work, but a judge denied benefits because he found no totally disabling respiratory impairment. The Board held that the judge again failed to…
Perry G. Gilbert, Jr. v. Island Creek Coal Company
Gilbert v. Island Creek Coal (BRB 23-0253): black lung benefits denial sent back for disability review
Perry Gilbert appealed a black lung benefits denial without representation. A judge found that Gilbert had at least fifteen years of qualifying coal mine work but had not proved total respiratory disability. The Board found errors in the judge's treatment of pulmonary function studies and noted…
James D. Price v. Riverway, Incorporated
Price v. Riverway (BRB 23-0251): black lung benefits award for coal preparation worker affirmed
James Price worked for more than thirty years at a river terminal where he crushed, blended, and loaded coal and maintained the processing equipment. The Board upheld the judge's finding that this was coal preparation work covered by the Black Lung Benefits Act, rather than handling coal already…
Carole F. Hughes, widow of Raymond H. Hughes v. Greenwich Collieries Company
Hughes v. Greenwich Collieries (BRB 23-0243): survivor benefits award affirmed
Carole Hughes sought survivor benefits after her husband Raymond, a former underground coal miner, died. On remand, a judge found that medical evidence and her testimony showed he had a disabling respiratory impairment when he died. The Board upheld that finding, noting that the judge compared the…
L.C. and U.S. Postal Service, Dickinson Post Office
Board affirms wage loss denial and late hearing request in hand injury claim (ECAB 24-0627)
A postal city carrier injured her left hand when it was pinned between a doorframe and a mail container. She sought disability compensation for October 17 through November 20, 2022. The Board found the medical evidence insufficient to establish work disability for those dates; the chiropractor’s…
L.C. and U.S. Postal Service, Dickinson Post Office
Board denies disability pay and upholds late hearing ruling (ECAB 24-0567, 24-0627)
A postal city carrier sought wage-loss compensation for time off after an accepted hand injury. The Board found that the chiropractor’s reports did not qualify as physician evidence under FECA and that the other medical evidence did not explain disability during the claimed October to November 2022…
K.S. and U.S. Postal Service, Los Angeles Processing & Distribution Center
Board upholds 60 percent left-arm impairment award (ECAB 24-0564)
A postal mail handler sought a larger schedule award after a work-related left-shoulder injury. She already had a 56 percent left-arm award for a separate wrist impairment. The medical adviser rated the shoulder at 8 percent and combined the nonoverlapping impairments to reach 60 percent overall…
R.K. and Department of the Interior, National Park Service
Board affirms denial of shoulder injury claim (ECAB 24-0545)
A National Park Service maintenance mechanic reported a left-shoulder injury while moving materials at work. An MRI showed significant shoulder damage, but the physician who diagnosed a rotator cuff tear did not explain how the accepted April 5, 2023 incident caused it. The other submissions came…
T.L. and Social Security Administration
Board returns left-eye cataract claim for complete medical review (ECAB 24-0541)
A Social Security Administration worker asked OWCP to add a left-eye cataract to her accepted injury claim. A district medical adviser concluded that the cataract was unrelated to the work injury, but the statement of accepted facts he reviewed omitted an OWCP-authorized left-eye laser procedure…
K.E. and U.S. Postal Service, Frankfurt Post Office
Board upholds refusal to reopen schedule award claim (ECAB 24-0483)
A postal carrier sought reconsideration after OWCP denied an increased schedule award. Her request did not include new evidence or a new legal argument. The Board found that she had not met any of the requirements for reopening the merits under 20 C.F.R. § 10.606(b)(3). It affirmed OWCP’s…
J.D. and Department of Defense, Defense Logistics Agency
Board upholds $1,707.09 compensation overpayment (ECAB 24-0477)
A Defense Logistics Agency worker received total-disability compensation for ten days after returning to full-time work. OWCP found a $1,707.09 overpayment after crediting time spent at medical appointments. The Board upheld that calculation. Although it agreed he was without fault, it upheld the…
C.H. and Department of Veterans Affairs, St. Cloud Medical Center
Board upholds stress-claim denial but restores hearing right (ECAB 24-0462)
A VA materials handler attributed stress and anxiety to overwork and inadequate help and equipment. The Board held that a nurse practitioner's letter did not supply the qualified medical evidence needed to establish the claimed emotional condition, so it affirmed OWCP's denial. It also found that…
M.B. and Department of Veterans Affairs, Jesse Brown VA Medical Center
Board accepts COVID diagnosis but denies continuation of pay (ECAB 24-0405)
A VA carpenter claimed COVID-19 after workplace exposure and requested continuation of pay. The Board found that contemporaneous positive antigen and PCR test results established a COVID-19 diagnosis. It sent the claim back for OWCP to decide whether the illness was caused by the accepted work…
M.L., Executor of the Estate of E.L., and U.S. Postal Service, Moss Point Branch Post Office
Board seeks clearer medical opinion on postal worker's death claim (ECAB 23-1193)
The executor of a postal employee's estate appealed the denial of a claim alleging that accepted work-related conditions or their treatment contributed to her death. OWCP relied on an independent medical examiner's opinion that suggested a seizure or cardiac event but did not definitively address…
R.O. and U.S. Postal Service, Myrtle Beach Post Office
Board affirms denial of postal carrier's COVID claim (ECAB 23-1083)
A rural postal carrier claimed that he contracted COVID-19 while delivering packages and working around other people. He submitted a nurse practitioner's note, but no positive laboratory result or rationalized diagnosis from a qualified physician. Under the claim guidance the Board applied, the…
D.G. and Department of Labor, Office of Workers' Compensation Programs
Board sends claims examiner's stress claim back for employer evidence (ECAB 22-1367)
A retired OWCP claims examiner sought compensation for stress, depression, anxiety, and claustrophobia that she attributed to work. She alleged harassment, complex case assignments, and insufficient tools and staffing after a promotion. The Board found that the employer's response did not…
C & S Technical Resources, Inc.
Forklift certification violation affirmed
C & S Technical Resources used a telehandler and a spotter to stack heavy cut steel transmission-pole segments on a flatbed trailer in Liverpool, New York. Two stacks collapsed during loading, and pole segments knocked the spotter from the trailer and killed him. OSHA alleged a General Duty Clause…
Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer, LLC d/b/a American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Operator's petition for review granted
The Commission granted American Tripoli's petition for discretionary review and combined it with a direction for review issued nine days earlier. It ordered the operator to file an opening brief addressing every issue raised in both review orders. The Secretary was directed to respond 30 days…
Scott E. Horton v. Specialty Finishes, LLC
Horton v. Specialty Finishes (BRB 23-0109 and 23-0443): modification denial and fee order affirmed
Scott Horton sought to change earlier compensation rulings for a work-related back injury. He argued that his pre-injury wages were understated, that his Veterans Affairs laundry job did not reflect his true earning capacity, and that he should receive a nominal award for possible future lost…
Victor Rexrode v. Director, Office of Workers' Compensation Programs
Rexrode v. OWCP Director (BRB 23-0211): working miner's earnings offset upheld
Victor Rexrode continued working in coal mining while receiving interim black lung benefits. The agency found that his earnings completely offset benefits payable for 2019 and 2020 and that he had been overpaid $8,892.30. Rexrode argued that miners with complicated pneumoconiosis may keep receiving…
Scott E. Horton v. Specialty Finishes, LLC
Horton v. Specialty Finishes (BRB 23-0109 and 23-0443): modification denial and fee order affirmed
Scott Horton sought to change earlier compensation rulings for a work-related back injury. He argued that his pre-injury wages were understated, that his Veterans Affairs laundry job did not reflect his true earning capacity, and that he should receive a nominal award for possible future lost…
S.M. and U.S. Postal Service, Milwaukee Post Office
Board dismisses postal worker’s late appeal (ECAB 24-0631)
A postal worker appealed an OWCP decision dated January 31, 2023, but did not file with the Board until May 22, 2024. The Board’s 180-day filing deadline had expired in July 2023. It found no documented compelling circumstances excusing the delay and dismissed the appeal without reaching the merits…
C.K. and Department of Homeland Security, U.S. Immigration and Customs Enforcement
Board declines to expand officer’s accepted injury claim (ECAB 24-0583)
An ICE deportation officer sought to add multiple spine, hip, and muscle conditions to a claim accepted for contusions after she fell while apprehending a suspect. OWCP obtained an impartial medical examination to resolve conflicting physician opinions. The Board found that the examiner had…
J.C. and U.S. Postal Service, Sandston Post Office
Board affirms denial of total disability pay after foot injury (ECAB 24-0513)
A postal mail handler injured his left foot when an empty mail container fell on it. He sought wage-loss compensation for total disability from October 2023 until he returned to modified work in December. The Board found that the physician evidence did not explain why the accepted foot contusion…
R.K. and Department of Veterans Affairs, St. Albans Community Living Center
Board affirms denial of nurse’s wage-loss claim (ECAB 24-0472)
A VA nurse claimed she could not work after a resident grabbed and twisted her wrist. OWCP accepted a wrist sprain and right ulnar nerve lesion. Her surgeon continued to keep her off work, but did not explain why those conditions prevented her from performing the available light-duty job during the…
S.P. and U.S. Postal Service, White Plains Processing & Distribution Center
Board reverses termination of benefits over unsuitable job offer (ECAB 24-0409)
A postal mail handler sought to add a back condition to her accepted knee injury claim and challenged the loss of benefits after declining a modified job. The Board found that she had not supplied sufficient medical evidence linking a diagnosed back condition to the injury. It also found that OWCP…
C.J. and U.S. Postal Service, Healdsburg Post Office
Board orders related postal injury files combined (ECAB 24-0241)
A postal delivery specialist claimed that years of carrying mail caused hand and finger conditions. OWCP denied the claim after considering evidence from two earlier accepted injury files, one involving her right hand. The Board found that those related files should be administratively combined…
M.D. and Department of the Army, Lexington Bluegrass Army Depot
Board upholds vocational rehabilitation cooperation ruling (ECAB 24-0239)
An Army depot worker with an accepted carpal tunnel claim challenged OWCP’s decision concerning his participation in vocational rehabilitation. An earlier Board decision had established that he did not fully participate without good cause, shifting the burden to him to justify that failure. He…
M.G. and U.S. Postal Service, South Jersey Processing & Distribution Center
Board restores postal worker’s right to an OWCP oral hearing (ECAB 24-0173)
A postal mail handler requested an oral hearing within 30 days after OWCP issued a new decision on her injury claim. OWCP refused, reasoning that she had previously requested reconsideration of the same issue. The Board found that the new decision followed an earlier Board remand and carried a…
Trinity Solar, LLC, as successor to Trinity Solar, Inc.
Head and fall protection penalties reduced
Trinity Solar employees installed solar panels on a residence in Yonkers, New York. OSHA cited a serious head-protection violation for work below solar installers and a repeat fall-protection violation for roof work 25 feet above the ground, proposing $98,216 in total penalties. Trinity withdrew…
Ashley Kjarbo
Authority denies EAJA rule-amendment petition
Ashley Kjarbo asked the Authority to amend its Equal Access to Justice Act rules so individuals could recover fees and so fees could be awarded against federal agencies other than the Authority. The Authority held that its unfair-labor-practice cases are prosecuted by its General Counsel, so a…
Dennis J. Dell v. Tennco Energy, Incorporated
Dell v. Tennco Energy (BRB 23-0461): black lung benefits award affirmed
Dennis Dell filed a new black lung claim after an earlier claim was denied for lack of total disability. An administrative law judge found that Dell had at least 15 years of underground coal mine work and a disabling respiratory impairment, triggering a presumption that he was totally disabled due…
Daniel L. Hinderliter v. White County Coal, LLC
Hinderliter v. White County Coal (BRB 23-0398): black lung benefits award affirmed
Daniel Hinderliter worked for 17 years in underground and comparable surface coal mining. An administrative law judge found that a valid pulmonary function study and a medical opinion established total disability, triggering the 15-year presumption that his disability was due to pneumoconiosis…
Walter Tomblin, Sr. v. Southern Ohio Coal Company
Tomblin v. Southern Ohio Coal (BRB 23-0354): June 2015 start date for black lung benefits upheld
Southern Ohio Coal accepted that Walter Tomblin had more than 15 years of underground coal mine work and a disabling respiratory impairment. The administrative law judge applied the 15-year presumption, awarded black lung benefits, and set their start date at June 2015, when a pulmonary function…
C.P. and Department of the Army, Tripler Army Medical Center
Board dismisses late appeal (ECAB 24-0708)
The appellant sought Board review of an OWCP decision issued November 9, 2023. The 180-day appeal period expired May 7, 2024, but the appeal was filed June 19, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP…
O.M. and U.S. Postal Service, Bedford Park Post Office
Board dismisses appeal from proposed termination (ECAB 24-0676)
The appellant tried to appeal a March 16, 2023 notice proposing to terminate benefits. The Board found that the notice gave the worker an opportunity to submit evidence before OWCP made a final decision. Because the proposal was an interlocutory step and the record contained no final adverse…
A.M. and Department of Justice, Federal Bureau of Prisons, Fort Dix
Board dismisses late appeal (ECAB 24-0675)
The appellant sought Board review of an OWCP decision issued January 6, 2023. The 180-day appeal period expired July 5, 2023, but the appeal was filed June 10, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP…
R.G. and Department of the Treasury, Internal Revenue Service
Board dismisses late appeal (ECAB 24-0656)
The appellant sought Board review of an OWCP decision issued July 26, 2023. The 180-day appeal period expired January 22, 2024, but the appeal was filed June 3, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP…
U.A. and Department of the Army, Gorgas Army Hospital
Board dismisses late appeal (ECAB 24-0637)
The appellant sought Board review of an OWCP decision issued November 9, 2023. The 180-day appeal period expired May 7, 2024, but the appeal was filed May 26, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP…
D.D. and U.S. Postal Service, Louisville Post Office
Board dismisses late appeal (ECAB 24-0635)
The appellant sought Board review of an OWCP decision issued October 26, 2023. The 180-day appeal period expired April 23, 2024, but the appeal was filed May 24, 2024. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the OWCP…
B.C. and Department of Veterans Affairs, Southern New Health Care System
Board dismisses years-late VA worker appeal (ECAB 24-0598)
A VA worker appealed a November 20, 2017 OWCP nonmerit decision on May 9, 2024. The Board’s 180-day filing period had expired on May 19, 2018. The Board found no documented compelling circumstances explaining the late filing. It dismissed the appeal without reviewing the underlying OWCP decision.
P.G. and U.S. Postal Service, Smithsonian Institution Mail Facility
Board affirms denial of mail clerk’s back and heel claim (ECAB 24-0511)
A postal bulk mail clerk claimed back, hip, and heel conditions after lifting heavy mail in April 2020. Her doctors identified lumbar and heel conditions, but their reports did not adequately explain a causal link to the accepted incident. One report relied on the absence of prior back pain without…
P.G. and U.S. Postal Service, Little Rock Post Office
Board upholds termination of postal worker’s compensation (ECAB 24-0437)
A postal worker challenged OWCP’s termination of benefits for a long-standing accepted injury. The Board credited a second-opinion physician who examined her and concluded that the work-related condition had resolved, with no objective findings supporting continued treatment or disability. A later…
J.M. and U.S. Postal Service, Pendleton Post Office
Board seeks new medical opinion on postal worker’s neck claim (ECAB 24-0221)
A rural postal delivery worker claimed that his duties caused or worsened a neck condition. OWCP relied on a second-opinion physician who attributed the condition to degeneration rather than work. The Board found that this opinion did not adequately address the accepted work factors and left open…
S.M. and Department of Defense, Defense Supply Center
Board dismisses unsigned appeal (ECAB 24-0209)
A Defense Supply Center worker appealed an OWCP nonmerit decision using an unsigned appeal form. The Clerk of the Appellate Boards asked her to submit a signed form within 30 days and warned that the appeal would otherwise be dismissed. She did not respond. Because the Board’s rules require the…
Gerald Thacker v. Cherokee Coal Company
Thacker v. Cherokee Coal (BRB 23-0347): denial of black lung benefits affirmed
Gerald Thacker appealed without a representative after an administrative law judge denied his later black lung claim. The judge found that Thacker had a disabling respiratory impairment but credited him with 11.90 years of coal mine work, short of the 15 years needed for the statutory presumption…
M.B. and Department of Agriculture, Forest Service
Board reverses overpayment decision sent to undeliverable address (ECAB 24-0608)
A Forest Service worker challenged a $1,030.35 overpayment decision and denial of waiver. OWCP had mailed a request for financial proof to her last recorded address, but it came back undeliverable. OWCP then issued its final decision to the same address. The Board held that OWCP could not presume…
T.T. and U.S. Postal Service, Watsonville Post Office
Board declines to add cervical condition to shoulder claim (ECAB 24-0538)
A postal supervisor sought to expand an accepted shoulder injury claim to include cervical radiculopathy. OWCP obtained an impartial medical examination to resolve conflicting physician opinions. The Board found that the impartial examiner’s report and clarification gave a reasoned explanation for…
A.G. and U.S. Postal Service, Fort Worth Post Office
Board requires reasons for denying reconsideration (ECAB 24-0138)
A postal carrier sought reconsideration of a denied recurrence claim and submitted compact discs that he said contained evidence. OWCP acknowledged receiving them but said no new medical evidence had arrived, without explaining how it evaluated the discs. The Board found that the denial lacked the…
P.O. and U.S. Postal Service, San Bernardino Post Office
Board returns postal worker’s shoulder claim for more medical review (ECAB 23-1020)
A postal city carrier assistant claimed repetitive mail duties caused a right-shoulder condition. One physician described how the work might have caused or aggravated the condition, although his opinion was not fully developed. The Board found that report sufficient to require OWCP to investigate…
United States Department of the Treasury, Internal Revenue Service and National Treasury Employees Union, Chapter 68
Internal Revenue Service and NTEU Chapter 68 (FLRA 0-AR-5702): Authority sets aside higher performance rating
An IRS employee's overall performance rating fell after she received lower scores in two critical elements. An arbitrator found that the agency did not provide the timely, intensive, and tailored counseling required by the agreement and directed it to raise the rating to outstanding with associated…
A.F. and U.S. Postal Service, Elgin Post Office
Board upholds denial of postal carrier’s neck injury claim (ECAB 24-0469)
An assistant rural carrier reported neck and shoulder pain after a parcel shifted during deliveries. The Board accepted that the work incident occurred but found the medical evidence did not adequately explain how it caused a diagnosed condition. One physician supported a connection without…
D.T. and Department of Veterans Affairs, West Haven VA Medical Center
Board upholds VA nurse’s compensation overpayment (ECAB 24-0420)
A VA nurse returned to full-time work while continuing to receive wage-loss compensation for total disability. The Board upheld OWCP’s calculation of a $4,321.91 overpayment for the overlapping period. Although she was without fault, she did not provide the requested financial documents needed to…
D.C. and U.S. Postal Service, Hickman Mills Post Office
Board reverses termination of mail carrier’s wage-loss benefits (ECAB 24-0417)
A postal mail carrier sustained an accepted right ankle injury and received wage-loss compensation. OWCP ended the payments based on her treating physician’s release to full duty. The Board found the physician did not adequately explain why she could perform full duty by the termination date. OWCP…
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.