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.

63,882 decisions and counting · Latest decision October 28, 2026
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COMM

T.D. and U.S. Postal Service, Post Office, Philadelphia, PA

T.D. (ECAB 10-961): Eighty-eight hours of intermittent wage loss recognized

T.D., a Postal Service letter carrier, had accepted aggravations of a lower back condition and arthritis in both hips. He claimed 1,040.51 intermittent hours of wage loss across 2008 and early 2009, which OWCP denied. The Board found contemporaneous physician notes supporting 88 hours on specified…

April 8, 2011 ·ECAB
Modified
ALJ

Benise-Dowling, Inc.

Fire-suppression and eyewash violations affirmed

OSHA cited conditions at Benise-Dowling's powder-coating facility during a follow-up inspection. The judge affirmed a serious violation because a new electrostatic spray booth lacked automatic fire suppression, rejecting the company's claim that an earlier OSHA discussion deprived it of fair…

April 8, 2011 ·Ken S. Welsch ·OSHRC
Mixed result
COMM

C.L. and U.S. Postal Service, Post Office, Malone, NY

C.L. (ECAB 10-351): Zero-benefit reduction upheld after rehabilitation stopped

C.L., a Postal Service rural carrier associate, received compensation for accepted neck and back sprains after a vehicle collision. An impartial physician found she could perform part-time light or sedentary work, and she initially participated in vocational rehabilitation. She then stopped…

April 8, 2011 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 648, National Council of Field Labor Locals (Union) and United States Department of Labor, Chicago Regional Office (Agency)

AFGE Local 648 and DOL Chicago Regional Office (FLRA 0-AR-4423): Suspension award stands

A Labor Department employee received a fourteen-day suspension after a confrontation during a performance review. An arbitrator found just cause for the suspension but ordered the agency to return the employee's building pass and credentials and review other actions that might amount to additional…

April 8, 2011 ·FLRA
Upheld
COMM

L.K. and U.S. Postal Service, Post Office, Richmond, VA

L.K. (ECAB 10-2053): Back injury claim denied for lack of diagnosis and causation

L.K., a Postal Service casual clerk, reported back pain after lifting tubs and pushing equipment at work. The Board accepted that the work incident happened but found no medical report identifying a definite back condition caused by it. The reports described pain, work restrictions, and other…

April 7, 2011 ·ECAB
Affirmed
COMM

L.O. and Department of Justice, Drug Enforcement Administration, Miami, FL

L.O. (ECAB 10-1955): Knee impairment award returned for a supported rating

L.O., a Drug Enforcement Administration investigator, injured his left knee at work and later received a schedule award for 12 percent leg impairment. He appealed the amount. The Board found that the treating surgeon did not explain the rating or provide current examination findings, while OWCP's…

April 7, 2011 ·ECAB
Remanded
COMM

A.P. and Department of Homeland Security, Transportation Security Administration, Jamaica, NY

A.P. (ECAB 10-1815): Refusal to reopen suitable-work termination affirmed

A.P., a Transportation Security Administration officer, received compensation for an accepted left knee injury. OWCP ended his benefits after he refused a limited-duty position. He asked OWCP to reconsider, arguing that he could not commute to the job or perform its duties. The Board found that…

April 7, 2011 ·ECAB
Affirmed
COMM

K.C. and U.S. Postal Service, Post Office, Half Moon Bay, CA

K.C. (ECAB 10-1769): Injury claim denied despite established dolly collision

K.C., a Postal Service letter carrier, collided with a dolly while trying to push it through locked swing doors at work. The Board found that the incident occurred as he described. His doctors diagnosed knee, neck, and shoulder conditions, but their reports used a different incident date and did…

April 7, 2011 ·ECAB
Affirmed
COMM

J.P. and U.S. Postal Service, Seattle Performance Cluster, Seattle, WA

J.P. (ECAB 10-1708): Termination of back injury benefits affirmed

J.P., a Postal Service custodian, received benefits for an accepted lower back strain from lifting a trash hamper. OWCP later ended those benefits after a second opinion physician found that the strain had resolved and that he could return to regular work. The Board found the opinion well supported…

April 7, 2011 ·ECAB
Affirmed
COMM

L.R. and Department of Agriculture, Agricultural Marketing Service, Washington, DC

L.R. (ECAB 10-1692): Left-ear hearing award affirmed with rounding correction

L.R., a Department of Agriculture meat grader, developed hearing loss after workplace noise exposure. OWCP awarded 6.76 weeks of compensation for left-ear impairment stated as 13.1 percent. The Board recalculated the audiogram and found that agency policy required rounding the result to 13 percent…

April 7, 2011 ·ECAB
Affirmed
COMM

R.C. and Department of Defense, Defense Logistics Agency, Sacramento, CA

R.C. (ECAB 10-1535): Dual-benefit overpayment upheld but amount returned

R.C., a former Defense Logistics Agency worker, received both OWCP wage-loss compensation and federal retirement benefits from October 1999 through May 2004. The Board held that those concurrent payments created an overpayment and that his signed election form put him on notice that he could not…

April 7, 2011 ·ECAB
Mixed result
COMM

J.W. and Department of the Air Force, MacDill Air Force Base, FL

J.W. (ECAB 10-1292): Arm award claim returned to consider overlooked report

J.W. had received a schedule award for three percent left arm impairment and sought a larger award. Her physician submitted a report rating impairment at six percent before OWCP made its reconsideration decision. OWCP's decision referred to an earlier report but did not mention the six percent…

April 7, 2011 ·ECAB
Remanded
COMM

S.C. and Department of the Army, Army National Guard, Montgomery, AL

S.C. (ECAB 10-1290): Hearing award termination returned for pay calculation findings

S.C. received a schedule award for accepted work-related hearing loss. OWCP later ended award payments after finding an error involving cost-of-living increases and changing the pay rate to include National Guard pay. The Board found that OWCP had not explained the payment calculation or supported…

April 7, 2011 ·ECAB
Remanded
COMM

D.R. and U.S. Postal Service, Processing and Distribution Center, Columbia, MO

D.R. (ECAB 10-873): Intermittent wage-loss claim denied for lack of medical link

D.R., a Postal Service mail handler, had an accepted temporary aggravation of displaced lumbar discs. He claimed disability for specified days in October 2007 and from late December 2007 into January 2008. His physician described back pain and a sprain, but did not explain how the claimed time off…

April 7, 2011 ·ECAB
Affirmed
ALJ

Revoli Construction Company, Inc.

Gas-line excavation violations affirmed

A Revoli crew severed an unmarked gas main while excavating near a school. The judge found that Revoli's training was inadequately documented and was delivered in English to workers with limited English proficiency without a reliable method to ensure comprehension. He also credited a police officer…

April 7, 2011 ·John H. Schumacher ·OSHRC
Citations affirmed
ALJ

Stillhouse Mining

Foreman's red-zone violation held unwarrantable

A Stillhouse Mining section foreman operated a continuous miner by remote control while standing in a prohibited red zone, and the machine pivoted on uneven floor and pinned him against the rib. He was knocked unconscious, suffered broken ribs, and missed several days of work. Judge William B…

April 6, 2011 ·William B. Moran ·FMSHRC
Citations affirmed
COMM

Matter of D-R-

Evidence and inferences support removability for war-related conduct

The Board reviewed a Bosnian and Herzegovinian respondent's appeal from removal proceedings based on his service as a special police officer during the Bosnian War. The Board held that omitting that service from a refugee application was a willful misrepresentation of a material fact and that the…

April 6, 2011 ·BIA
Mixed result
COMM

L.R. and Department of the Air Force, Tinker Air Force Base, OK

L.R. (ECAB 10-2410): Timely reconsideration request returned to OWCP

L.R., an Air Force employee, sought compensation for a twisted bowel and abdominal hernia that she attributed to her work. OWCP denied the claim in January 2009. She wrote a letter dated January 15, 2010 disputing that denial and asking for reconsideration, but OWCP treated a later form as her…

April 6, 2011 ·ECAB
Remanded
COMM

R.C. and U.S. Postal Service, Post Office, Pacoima, CA

R.C. (ECAB 10-1845): Full-time training requirement did not justify benefit reduction

R.C., a Postal Service letter carrier, received compensation for an accepted back injury. OWCP directed her to attend a full-time training program to prepare for office work and later reduced her benefits for failing to participate as directed. She had attended classes, but her physician reported…

April 6, 2011 ·ECAB
Vacated
COMM

A.K. and Department of Defense, Defense Contract Audit Agency, Central Islip, NY

A.K. (ECAB 10-1775): Carpal tunnel benefit termination upheld

A.K., a Defense Contract Audit Agency auditor, received compensation for accepted bilateral carpal tunnel syndrome. OWCP ended those benefits after an impartial orthopedic specialist concluded that the accepted condition no longer caused disability or required regular treatment. The specialist…

April 6, 2011 ·ECAB
Affirmed
COMM

N.E. and Department of the Navy, Norfolk Naval Base, Sewells Point Maintenance Division, Norfolk, VA

N.E. (ECAB 10-1757): Knee surgery denial returned for medical clarification

N.E., a Navy pipe fitter, sustained an accepted left knee contusion when a toolbox fell on his knee. He later sought authorization for a total left knee replacement. His treating surgeon linked the need for surgery to the injury, while an OWCP physician attributed it to preexisting arthritis. An…

April 6, 2011 ·ECAB
Remanded
COMM

E.J. and U.S. Postal Service, Post Office, Detroit, MI

E.J. (ECAB 10-1680): Termination of injury compensation upheld

E.J., a Postal Service carrier, received compensation for accepted neck, back, and shoulder strains after an airbag deployed in her postal vehicle. OWCP terminated benefits effective December 16, 2003, finding that the accepted conditions had resolved. The Board gave special weight to an impartial…

April 6, 2011 ·ECAB
Affirmed
COMM

O.C. and U.S. Postal Service, Forest Hills Post Office, Tampa, FL

O.C. (ECAB 10-1675): Late reconsideration request did not show clear error

O.C., a Postal Service custodian, was injured while trimming a tree at work. OWCP denied his compensation claim after finding that the task was outside his assigned duties. More than a year after the last merits decision, he asked OWCP to reconsider and submitted arguments and materials about…

April 6, 2011 ·ECAB
Affirmed
COMM

N.D. and U.S. Postal Service, Carrier Annex, Newhall, CA

N.D. (ECAB 10-1601): Overpayment amount reduced after canceled check

N.D., a part-time Postal Service carrier, received compensation after an accepted left knee and back injury. She returned to work without wage loss in October 2009, but OWCP continued paying total disability benefits. The Board found an overpayment and agreed that she was at fault for cashing…

April 6, 2011 ·ECAB
Modified
COMM

K.W. and U.S. Postal Service, Post Office, City of Industry, CA

K.W. (ECAB 10-1511): Overpayment fault finding returned for fair notice

K.W., a Postal Service employee receiving wage-loss compensation, also received administrative leave pay for some of the same weeks. The Board found that the record supported a $9,601.80 overpayment. OWCP had initially told him he was without fault but changed its finding to at fault in the final…

April 6, 2011 ·ECAB
Remanded
COMM

E.C. and U.S. Postal Service, Post Office, New Orleans, LA

E.C. (ECAB 10-1363): Timely request sent back for reconsideration review

E.C., a Postal Service employee, sought reconsideration of OWCP's denial of wage-loss compensation. OWCP treated her request as late and denied it under the stricter clear-error standard. The record showed that OWCP received her written request within one year of the June 17, 2008 merits decision…

April 6, 2011 ·ECAB
Remanded
COMM

A.W. and U.S. Postal Service, Post Office, St. Louis, MO

A.W. (ECAB 10-1352): Recurrence claim lacked medical explanation

A.W., a Postal Service carrier, had accepted neck, back, shoulder, and ankle injuries after a fall at work in February 2009. She later stopped working and claimed a recurrence of disability starting December 9, 2009. Her physician diagnosed a neck condition and gave work restrictions, but did not…

April 6, 2011 ·ECAB
Affirmed
COMM

B.T. and U.S. Postal Service, Post Office, Elkins Park, PA

B.T. (ECAB 10-1276): No additional award beyond 16 percent knee impairment

B.T., a Postal Service carrier, injured her right knee after slipping while delivering mail. OWCP gave her a schedule award for 16 percent impairment of her right leg, and she sought more. Her physicians' impairment estimates differed, so OWCP obtained an impartial examination and a review by its…

April 6, 2011 ·ECAB
Affirmed
COMM

D.D. and U.S. Postal Service, Post Office, Bakersfield, CA

D.D. (ECAB 10-1014): New workplace allegations require an OWCP decision

D.D., a Postal Service employee, filed a claim alleging that workplace events contributed to an emotional condition. OWCP denied it after treating the allegations as already addressed in an earlier claim. The Board compared the two files and found that the new claim described additional incidents…

April 6, 2011 ·ECAB
Remanded
COMM

L.F. and Department of Veteran Affairs, Veterans Administration Medical Center, Northport, NY

L.F. (ECAB 10-955): Left shoulder condition not linked to accepted fall

L.F., a nurse at a Veterans Administration medical center, fell at work in May 2007. OWCP accepted neck and right shoulder injuries, and she later sought to add a left shoulder rotator cuff tear. Her treating surgeon linked the condition to the fall, while another physician disagreed. An impartial…

April 6, 2011 ·ECAB
Affirmed
COMM

Avcon, Inc., Vasilios Saites, and Nicholas Saites

Fall-protection violations largely affirmed with $77,350 penalty

OSHA cited numerous hazards during construction of an eighteen-story concrete building. The Commission dismissed Bill and Nick Saites individually because the Secretary added them after the six-month limitations period and did not show that their original omission resulted from a mistake that would…

April 5, 2011 ·OSHRC
Modified
COMM

C.K. and Department of the Army, Army Research Laboratory, Adelphi, MD

C.K. (ECAB 10-2091): Late reconsideration request did not show clear error

C.K., an Army Research Laboratory employee, sought to expand an earlier injury claim to include a seizure disorder and traumatic brain injury. OWCP had denied that claim, and she requested reconsideration in February 2010, more than a year after its last merits decision. The Board found the request…

April 5, 2011 ·ECAB
Affirmed
COMM

V.F. and U.S. Postal Service, Post Office, Glenwood, MI

V.F. (ECAB 10-1931): Hotel injury claim lacked proof of authorized travel

V.F., a Postal Service clerk, injured a toe in a hotel room and said she was there for work training. The injury later led to the surgical removal of the toe. The Board accepted that the hotel incident occurred as described. But the record lacked travel orders, training authorization, or other…

April 5, 2011 ·ECAB
Affirmed
COMM

R.L. and U.S. Postal Service, St. Louis Processing and Distribution Center, St. Louis, MO

R.L. (ECAB 10-1891): Additional back conditions lacked medical link to work injury

R.L., a Postal Service mechanic, had an accepted back injury from climbing over a machine at work. He later sought to add conditions including failed back surgery syndrome, right leg muscle atrophy, and left knee degeneration. The medical records described his symptoms, treatment, and abnormal…

April 5, 2011 ·ECAB
Affirmed
COMM

J.M. and Department of Homeland Security, Transportation Security Administration, Cleveland, OH

J.M. (ECAB 10-1825): Home ankle injury not shown to be a recurrence

J.M., a transportation security officer, sprained his right ankle at work in September 2009. A month later, his ankle rolled while he was bringing in garbage cans at home, and he claimed that his work injury had recurred. His orthopedic surgeon described the later ankle condition but did not…

April 5, 2011 ·ECAB
Affirmed
COMM

K.G. and Department of the Interior, National Park Service, Statue of Liberty, New York, NY

K.G. (ECAB 10-1806): Injury denial affirmed; medical expenses returned to OWCP

K.G., a National Park Service employee, reported a distressing encounter with law enforcement at work and claimed resulting emotional and physical conditions. The Board found that he had not supplied enough factual evidence about the event or its connection to his duties to establish a compensable…

April 5, 2011 ·ECAB
Mixed result
COMM

R.C. and Department of Homeland Security, Customs and Border Protection, El Paso, TX

R.C. (ECAB 10-1734): Knee claim lacked reasoned medical link to training

R.C., a Customs and Border Protection employee, reported knee pain after twisting during baton training in September 2007. The Board accepted that the incident happened, but had previously found the medical evidence insufficient to link his right knee condition to it. On reconsideration, a…

April 5, 2011 ·ECAB
Affirmed
COMM

C.G. and Department of the Navy, Medical Command Centers, Bremerton, WA

C.G. (ECAB 10-1714): Zero benefit reduction upheld for rehabilitation noncooperation

C.G., a Navy nurse, received compensation for an accepted herniated disc and was referred to vocational rehabilitation after a physician found she could perform limited-duty work. She met with a counselor but then moved to the Philippines before the early job planning was complete. OWCP warned that…

April 5, 2011 ·ECAB
Affirmed
COMM

J.Q. and Department of Justice, Federal Bureau of Investigation, Washington, DC

J.Q. (ECAB 10-1660): Accepted hearing loss did not qualify for schedule award

J.Q., a former FBI special agent and firearms instructor, had accepted work-related hearing loss in his left ear and tinnitus. He sought a schedule award for permanent impairment. The Board applied the hearing measurements used by OWCP and found no ratable loss in either ear at the frequencies used…

April 5, 2011 ·ECAB
Affirmed
COMM

L.R. and U.S. Postal Service, Post Office, Baltimore, MD

L.R. (ECAB 10-1529): No additional award beyond eight percent arm impairment

L.R., a Postal Service mail handler, injured her right shoulder at work and received schedule awards totaling eight percent impairment of her right arm. She sought more based on a physician's 12 percent rating. Two OWCP medical advisers applied the sixth edition of the impairment guides and each…

April 5, 2011 ·ECAB
Affirmed
COMM

H.P. and U.S. Postal Service, Post Office, Los Angeles, CA

H.P. (ECAB 10-1481): Suitability finding returned for psychiatric assessment

H.P., a Postal Service employee, had lost compensation after refusing an offered position. In an earlier appeal, the Board directed OWCP to consider whether a psychiatric condition prevented him from doing that work in September 2006. OWCP obtained a brief psychiatrist's report saying H.P. could…

April 5, 2011 ·ECAB
Remanded
COMM

T.C. and U.S. Postal Service, Processing and Delivery Center, Springfield, IL

T.C. (ECAB 10-1414): Arm impairment rating returned for fuller explanation

T.C., a Postal Service clerk, had accepted right arm conditions after repetitive work and had already received a schedule award for seven percent impairment. OWCP's medical adviser used range of motion measurements to calculate his impairment in a later decision. The Board found that the adviser…

April 5, 2011 ·ECAB
Remanded
COMM

American Airlines, Inc.

In re American Airlines, Inc. (EAB RCRA Appeal No. 10-01): petition dismissed as moot

American Airlines, Inc. petitioned the Environmental Appeals Board to review a hazardous-waste permit that designated American as the facility operator. The permit was issued under the Resource Conservation and Recovery Act, and American challenged the operator designation. After negotiations, the…

April 4, 2011 ·EPA EAB
Procedural
ALJ

Winesburg Builders, LLC

Defective lifting-sling violation affirmed

Winesburg used a visibly cut and frayed nylon sling, with its safety thread showing, to lift construction beams. The judge rejected the company's argument that the sling was not defective because later testing showed it could withstand a 6,000-pound load. A foreman must be able to identify…

April 4, 2011 ·Sharon D. Calhoun ·OSHRC
Citations affirmed
COMM

C.X. and U.S. Postal Service, Post Office, Glendale, CA

C.X. (ECAB 10-1807): Part-time carrier's wage-loss claim returned for review

C.X., a Postal Service part-time flexible carrier with an accepted back condition, worked reduced hours in a light-duty office assignment. She claimed wage loss for two periods in 2003. OWCP denied the claim partly because her job did not guarantee a fixed number of hours. The Board said the…

April 4, 2011 ·ECAB
Remanded
COMM

T.M. and U.S. Postal Service, Post Office, Criotz, WI

T.M. (ECAB 10-1760): Second hearing request properly denied

T.M., a Postal Service rural carrier associate, sought compensation for a neck condition. OWCP denied the claim, and a hearing representative upheld that denial after reviewing the written record. T.M. later requested another hearing on the same issue. The Board held that the earlier written-record…

April 4, 2011 ·ECAB
Affirmed
COMM

D.P. and U.S. Postal Service, Post Office, Des Moines, IL

D.P. (ECAB 10-1678): Five percent award for each arm upheld

D.P., a Postal Service distribution clerk, had accepted carpal tunnel syndrome in both wrists and underwent surgery on each. She sought schedule awards for the lasting impairment. Her treating surgeon described continued sensory problems but did not give an impairment percentage. OWCP's medical…

April 4, 2011 ·ECAB
Affirmed
COMM

C.B. and U.S. Postal Service, Post Office, East Cleveland, OH

C.B. (ECAB 10-1575): Wage-loss claim lacked proof of disability from accepted injury

C.B., a Postal Service employee, had accepted neck and left wrist conditions and later worked in a modified position. She claimed total disability for a period beginning in December 2008. Her physician said she could not work, but the Board found that he had not explained why she could not perform…

April 4, 2011 ·ECAB
Affirmed
COMM

L.S. and U.S. Postal Service, Post Office, Milwaukee, WI

L.S. (ECAB 10-1562): Right arm impairment returned for spinal nerve rating

L.S., a Postal Service mail handler, had an accepted cervical spine condition and an earlier schedule award for nine percent right arm impairment. He sought a higher award. An examining physician first rated whole-person impairment, which the Board said could not establish a FECA arm schedule…

April 4, 2011 ·ECAB
Remanded
COMM

R.K. and Department of the Army, U.S. Army Tank Command Automotive Armament Command, Warren, MI

R.K. (ECAB 10-1528): Workplace stress claim lacked substantiated work factor

R.K., an Army traffic management specialist, attributed an emotional condition to alleged overwork, understaffing, personnel decisions, and harassment. The Board found that the record did not substantiate the claimed overwork or establish error or abuse in the personnel actions. It also found the…

April 4, 2011 ·ECAB
Affirmed
COMM

N.H. and U.S. Postal Service, Post Office, Gilbert, AZ

N.H. (ECAB 10-1515): Recurrence claim not reopened on reconsideration

N.H., a Postal Service employee with an accepted back injury, had been denied compensation for a claimed later recurrence of disability. She sought reconsideration with further arguments and a new imaging report. The Board found that the arguments repeated points already made. The imaging report…

April 4, 2011 ·ECAB
Affirmed
COMM

M.R. and U.S. Postal Service, Philadelphia Bulk Mail Center, Philadelphia, PA

M.R. (ECAB 10-1407): Modified job earnings supported zero wage-loss payment

M.R., a Postal Service mail handler, returned to a modified full-time position after accepted shoulder and neck conditions. OWCP used her earnings in that job to reduce wage-loss compensation to zero. She argued that the job had been tailored to her restrictions and did not reflect ordinary earning…

April 4, 2011 ·ECAB
Affirmed
COMM

R.V. and U.S. Postal Service, MLS Processing and Distribution Center, San Diego, CA

R.V. (ECAB 10-1827): No added award beyond 33 percent leg impairment

R.V., a Postal Service clerk, had an accepted aggravation of left knee arthritis and previously received schedule awards totaling 33 percent impairment of his left leg. After a knee replacement, he sought an additional award. His treating surgeon's rating relied on tables from the wrong edition of…

April 1, 2011 ·ECAB
Affirmed
COMM

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

R.V. (ECAB 10-1776): Hearing loss claim timely under latent injury rule

R.V., a former Navy shipyard employee, claimed hearing loss and tinnitus from noise at work many years after leaving federal service. OWCP rejected the claim as late. The Board found no evidence that he had been told of a possible work connection before a physician discussed it with him in…

April 1, 2011 ·ECAB
Remanded
COMM

E.S. and Department of the Army, Army Corps of Engineers, Pittsburgh, PA

E.S. (ECAB 10-1756): Blood draw injury established; benefits returned to OWCP

E.S., an Army Corps of Engineers mechanic, reported left arm symptoms after a blood draw for a required employment physical. A witness confirmed the incident, it was reported promptly, and E.S. did not miss work. His physician diagnosed localized neuropathy. The Board held that these circumstances…

April 1, 2011 ·ECAB
Remanded
COMM

L.K. and Department of the Army, Oakland Army Base, Oakland, CA

L.K. (ECAB 10-1581): No additional award beyond 36 percent foot impairment

L.K., an Army employee, sustained an accepted left foot fracture and ankle sprain after stepping off a curb at work. She received a schedule award for 36 percent impairment of the left foot and later sought an additional award. A second opinion examination found some remaining ankle symptoms, but…

April 1, 2011 ·ECAB
Affirmed
COMM

N.K. and U.S. Postal Service, Post Office, North Ridgeville, OH

N.K. (ECAB 10-1569): Foot injury claim lacked a clear account of the event

N.K., a Postal Service letter carrier, claimed a left foot condition and attributed it to favoring that leg after an earlier right knee injury. She also filed the claim as a traumatic injury on one date. OWCP asked her to clarify whether she alleged a single incident, work activities over time, or…

April 1, 2011 ·ECAB
Affirmed
COMM

E.C., claiming as widow of W.C., and Tennessee Valley Authority, Browns Ferry Nuclear Plant, Decatur, AL

E.C. (ECAB 10-1554): Death benefits denied for lack of medical link

E.C. sought death benefits after her husband, a Tennessee Valley Authority employee, died in November 2009. OWCP had accepted back injuries from his work in 1976 and 1981. His death certificate identified a cerebrovascular accident as the cause of death. A physician suggested that the old back…

April 1, 2011 ·ECAB
Affirmed
COMM

W.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Sheridan, WY

W.S. (ECAB 10-1538): Chair fall established, but medical injury link not proved

W.S., a food service worker at a Veterans Affairs medical center, fell after a coworker pulled a chair from under him. The Board accepted that the incident occurred at work. It found, however, that his medical reports did not give a reasoned opinion linking a diagnosed back, hip, or leg condition…

April 1, 2011 ·ECAB
Affirmed
COMM

J.E. and Department of the Army, Fort Benning, GA

J.E. (ECAB 10-1527): Disability and aggravation claims sent back for development

J.E., an Army supply technician, claimed disability from August 3 through October 26, 2009 and aggravation of several existing conditions after a January 2009 workplace incident. OWCP had accepted shoulder and back sprains but denied these additional claims. The Board found that her treating…

April 1, 2011 ·ECAB
Remanded

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.