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

B.N. and U.S. Postal Service, Patrick Henry Station, Newport News, VA

B.N. (ECAB 10-1741): Right shoulder claim not reopened on reconsideration

B.N., a postal carrier, sought reconsideration after OWCP denied his right shoulder claim for lack of medical causation evidence. His first request included a general article on workplace dangers, and his second included a physician report that repeated an earlier report. The Board found no new…

March 15, 2011 ·ECAB
Affirmed
COMM

F.T. and U.S. Postal Service, General Mail Facility, Philadelphia, PA

F.T. (ECAB 10-1731): Unavailable light duty did not establish recurrence

F.T., a postal worker with an accepted 1991 back injury, claimed wage loss when light-duty work was unavailable in July and August 2006. The employer confirmed it had no job within her then-current restrictions. The Board found no medical evidence establishing that those restrictions were caused by…

March 15, 2011 ·ECAB
Affirmed
COMM

M.F. and Department of the Air Force, Air Logistics Center, Robins Air Force Base, GA

M.F. (ECAB 10-1671): Stairwell fall accepted but injury link unproven

M.F., an Air Force budget technician, fell in a workplace stairwell and claimed knee and hand injuries. The Board accepted that the fall occurred. It found her physician's knee opinion lacked an explanation of how the fall caused or aggravated the condition and used speculative language…

March 15, 2011 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Arlington, VA

J.W. (ECAB 10-1657): Arm and back conditions not linked to postal duties

J.W., a postal letter carrier, claimed carpal tunnel, elbow, and back conditions from his duties. His physicians documented diagnoses and disability but did not explain how particular duties caused or aggravated those conditions. A nurse practitioner's evidence could not provide the required…

March 15, 2011 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Post Office, West Springfield, MA

C.S. (ECAB 10-1487): Wage capacity and 25 percent leg award upheld

C.S., a postal carrier, worked in a modified position earning more than the current pay rate of his preinjury position. The Board held that those actual earnings fairly represented his wage-earning capacity, leaving no wage loss under the required formula. It also found no medical basis for more…

March 15, 2011 ·ECAB
Affirmed
COMM

B.W. and U.S. Postal Service, Processing & Distribution Center, West Sacramento, CA

B.W. (ECAB 10-1041): Six percent left leg award upheld

B.W., a postal mail handler, sought a larger schedule award after accepted left foot and ankle conditions. A medical adviser had rated six percent impairment based on sensory findings. Her later physician asserted additional ankle impairment but did not give measurements or a supported impairment…

March 15, 2011 ·ECAB
Affirmed
COMM

J.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Sheridan, WY

J.C. (ECAB 10-758): Suitable work termination reopened for merits review

J.C., a VA employee, lost monetary compensation after OWCP found that she abandoned a suitable limited-duty position. In requesting reconsideration, she explained that she left for a private-sector job that accommodated her conditions and paid more. The Board held that other work fairly…

March 15, 2011 ·ECAB
Remanded
COMM

Brown Excavation Company, Inc.

Paid penalties made reopening request moot

Brown Excavation asked the Commission to reopen two penalty assessments that had become final orders. MSHA's data system showed that Brown had since paid the civil penalties covered by the request. The Commission ordered Brown to explain within 30 days why the request should not be denied as moot…

March 14, 2011 ·FMSHRC
Procedural
COMM

Colowyo Coal Company

Final assessment reopened and remanded

Colowyo Coal asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…

March 14, 2011 ·FMSHRC
Remanded
COMM

DBS, Inc.

Final assessment reopened and remanded

DBS asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief Administrative Law…

March 14, 2011 ·FMSHRC
Remanded
COMM

Cemex de Puerto Rico

Unscheduled absence supported reopening

Cemex de Puerto Rico sought to reopen two penalties from an assessment covering 11 citations. The assessment was left unopened on the responsible official's desk because he was expected to return soon from a business trip, but he instead took an unscheduled vacation. His assistant did not recognize…

March 14, 2011 ·FMSHRC
Remanded
COMM

Shell Gulf of Mexico, Inc. and Shell Offshore, Inc.

In re Shell Gulf of Mexico, Inc. and Shell Offshore, Inc. (EAB OCS Appeal Nos. 10-01 through 10-04): review denied in part and PM2.5 issue remanded

The EAB considered four additional issues arising from Shell Gulf of Mexico's and Shell Offshore's OCS permits for the Frontier Discoverer drilling unit and associated vessels. The Board upheld the Region's conclusions that Icebreaker #2 was not part of the OCS source while setting or retrieving…

March 14, 2011 ·EPA EAB
Mixed result
COMM

M.A. and Department of Homeland Security, Transportation Security Administration, Newark-Liberty International Airport, Newark, NJ

M.A. (ECAB 10-1676): Twelve percent left arm award upheld

M.A., a TSA baggage screener, sought a greater award for a shoulder injury. He argued that an earlier examination and maximum medical improvement date required use of the fifth edition impairment guides, which had produced a higher rating. The Board held that the edition depends on the date of…

March 14, 2011 ·ECAB
Affirmed
COMM

L.D. and Department of the Navy, Naval Aviation Depot, Cherry Point, NC

L.D. (ECAB 10-1656): Hearing loss reconsideration did not reopen award

L.D., a retired Navy employee, had received a schedule award for bilateral hearing loss and later sought an additional award. His reconsideration request asserted that tinnitus and work noise had worsened his hearing, but provided no new medical evidence linking the current loss to federal work…

March 14, 2011 ·ECAB
Affirmed
COMM

B.R. and Department of Health & Human Services, Tahlequah, OK

B.R. (ECAB 10-1551): Two requested surgeries not authorized

B.R., a Department of Health and Human Services employee, requested authorization for right knee replacement and gastric surgery. His physicians described the procedures but did not explain why either was medically necessary to treat his accepted work conditions. The Board found OWCP's refusals…

March 14, 2011 ·ECAB
Affirmed
COMM

J.S. and Department of Veterans Affairs, Veterans Health Administration, Chillicothe, OH

J.S. (ECAB 10-1378): Ulnar neuropathy claim expansion denied

J.S., a VA housekeeping aide, sought to add bilateral ulnar neuropathies to a claim for accepted back and neck conditions. His physician and an OWCP examiner disagreed about whether the nerve conditions were work related. An impartial specialist reviewed the history and tests and concluded that the…

March 14, 2011 ·ECAB
Affirmed
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Greenville, Illinois (Agency) and American Federation of Government Employees, Local 1304, Council of Prison Locals (Union)

FCI Greenville and AFGE Local 1304 (FLRA 0-AR-4712): FLSA arbitration costs upheld

An arbitrator found that FCI Greenville had failed to pay employees properly for work before and after their shifts, violating the Fair Labor Standards Act. His supplemental award included backpay, $409,118.75 in attorney fees, and $24,372.66 in costs. The agency challenged only the costs, arguing…

March 14, 2011 ·FLRA
Upheld
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and American Federation of Government Employees, Local 2544, National Border Patrol Council (Union)

CBP and AFGE Local 2544 (FLRA 0-AR-4701): Fee exceptions dismissed until amount is resolved

An arbitrator reduced a border protection employee's seven-day suspension to a written reprimand and awarded backpay. In a later fee proceeding, he found attorney fees warranted in the interest of justice but left the amount and its reasonableness for the parties to resolve, retaining jurisdiction…

March 14, 2011 ·FLRA
Procedural
COMM

Arsi Corporation

Final assessment reopened and remanded

Arsi Corporation asked the Commission to reopen a penalty assessment that had become a final order after no timely contest was recorded. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…

March 11, 2011 ·FMSHRC
Remanded
COMM

Darrell Lambert, employed by LVI Environmental, Inc.

Failed delivery left individual assessment nonfinal

MSHA assessed an individual penalty against Darrell Lambert under section 110(c) but sent the assessment to LVI Environmental's former Seattle office after Lambert had been laid off, relocated to New Jersey, and arranged mail forwarding. Lambert learned of the delinquency in late June 2010…

March 11, 2011 ·FMSHRC
Procedural
COMM

Parkwood Resources, Inc.

Secretary's reopening request granted

The Secretary asked the Commission to reopen a penalty assessment involving Parkwood Resources that had become a final order. Parkwood did not oppose the request. After reviewing the circumstances, the Commission reopened the matter and directed the Secretary to issue a new proposed assessment…

March 11, 2011 ·FMSHRC
Procedural
COMM

Centex Materials, LLC

Missing mailed contest assessment reopened

Centex Materials received an assessment covering six citations and said it mailed payment for three penalties together with a contest of the remaining penalties to MSHA's St. Louis office. MSHA had no record of receiving the contest in either St. Louis or Arlington, where the form should have been…

March 11, 2011 ·FMSHRC
Remanded
COMM

V.C. and U.S. Postal Service, Main Post Office, Staunton, VA

V.C. (ECAB 10-1889): Missed telephone hearing treated as abandoned

V.C., a postal worker, received notice of a telephone hearing scheduled for March 2, 2010. She did not call at the appointed time, seek a postponement, or explain the absence within 10 days. Her later explanation that she had been working came with her Board appeal, too late under the procedure…

March 11, 2011 ·ECAB
Affirmed
COMM

Y.F., wife of R.F., and Department of Veterans Affairs, Veterans Health Administration, San Diego, CA

Y.F., wife of R.F., (ECAB 10-1664): Dependent overpayment calculation returned

Y.F., the spouse of a VA employee, appealed an $8,113.85 overpayment assessed after his incarceration for a felony unrelated to compensation benefits. The Board found that OWCP adjusted dependent benefits months after his imprisonment began without explaining why it used that later date. It also…

March 11, 2011 ·ECAB
Remanded
COMM

A.C. and U.S. Postal Service, Processing & Distribution Center, Flushing, NY

A.C. (ECAB 10-1567): Reconsideration did not reopen duty-status claim

A.C., a postal worker, sought reconsideration of a denial based on whether he was performing work duties when an incident occurred on the employer's premises. He resubmitted documents OWCP had already considered and argued that he had gone to a personal toolbox to find an ID badge. The Board found…

March 11, 2011 ·ECAB
Affirmed
COMM

H.C. and U.S. Postal Service, Post Office, Brooklyn, NY

H.C. (ECAB 10-1566): Hearing request barred after Board review

H.C., a postal worker, requested an OWCP hearing after the Board had already reviewed the relevant OWCP decisions in 2006. OWCP had issued no new final decision after that Board review. The Board held that the hearings branch had no unreviewed final OWCP decision to hear and affirmed the denial of…

March 11, 2011 ·ECAB
Affirmed
COMM

M.F. and U.S. Postal Service, Post Office, Escondido, CA

M.F. (ECAB 10-1514): Right shoulder incident not established

M.F., a postal mail carrier, reported right shoulder pain that appeared after work and became worse the next morning. She mentioned driving and carrying a mail satchel but did not clearly identify a work incident that caused the injury. The Board found the claimed time, place, and manner of injury…

March 11, 2011 ·ECAB
Affirmed
COMM

S.W. and Department of Homeland Security, Transportation Security Administration, Cleveland, OH

S.W. (ECAB 10-1506): Neck and shoulder claim returned for medical development

S.W., a TSA screener, claimed that repetitive duties in a limited-duty position aggravated neck and shoulder conditions. Her physicians' reports were not fully reasoned, but they described the work and suggested an aggravation, with no substantial contrary evidence. The Board found that OWCP had…

March 11, 2011 ·ECAB
Remanded
COMM

A.S. and U.S. Postal Service, Post Office, Cleveland, OH

A.S. (ECAB 10-1490): Left shoulder injury denial upheld

A.S., a rural carrier associate, claimed that she injured her left shoulder during work on January 31, 2009. OWCP accepted that the incident occurred but found the medical evidence insufficient to connect it to her shoulder condition. The Board found that the chiropractor's reports did not qualify…

March 11, 2011 ·ECAB
Affirmed
COMM

S.H. and U.S. Postal Service, Post Office, Youngstown, OH

S.H. (ECAB 10-1477): Mail clerk's lumbar strain claim denied

S.H., a postal mail clerk, claimed that her duties caused a lumbar strain. The Board found that the medical reports did not explain how those duties caused the diagnosed condition. One physician raised a possible recurrence of an earlier injury without giving a reasoned opinion supporting a new…

March 11, 2011 ·ECAB
Affirmed
COMM

E.H. and Department of the Treasury, Internal Revenue Service, Denver, CO

E.H. (ECAB 10-1334): Additional hearing loss award denied

E.H., a former IRS employee, had received an award for occupational hearing loss and sought compensation for later deterioration. A second opinion physician compared audiograms and explained why the increased loss did not fit a work-related noise pattern. The Board gave that reasoned opinion…

March 11, 2011 ·ECAB
Affirmed
COMM

AKM LLC d/b/a Volks Constructors

Four recordkeeping violations treated as continuing

Volks failed to create incident reports and log entries for numerous injuries, review its logs for completeness, obtain executive certification of annual summaries, and keep one annual summary posted for the full required period. The Commission majority held that the first four omissions continued…

March 11, 2011 ·OSHRC
Modified
COMM

L.J. and Department of the Treasury, Internal Revenue Service, El Segundo, CA

L.J. (ECAB 10-1057): Cervical condition claim denial upheld

L.J., a retired IRS employee, claimed that her former duties caused a cervical condition. She filed the claim years after leaving federal service. The Board found that her physicians' reports did not provide a reasoned explanation linking the condition to those duties. It upheld OWCP's denial…

March 10, 2011 ·ECAB
Affirmed
COMM

J.S. and Department of Defense, Defense Commissary Agency, Pearl Harbor, HI

J.S. (ECAB 10-1876): Request to reopen chest injury claim denied

J.S., a Defense Commissary Agency employee, sought to reopen a claim about chest symptoms after moving furniture at work. The new medical report described his symptoms and treatment but did not explain whether the workplace event caused the diagnosed condition. The Board found the report cumulative…

March 10, 2011 ·ECAB
Affirmed
COMM

S.A. and U.S. Postal Service, Post Office, Macon, GA

S.A. (ECAB 10-1621): Neck injury claim and reopening request denied

S.A., a postal employee, claimed a neck injury from a workplace event on January 20, 2010. OWCP accepted that the event occurred, but the Board found the medical reports did not explain how it caused the diagnosed condition. One report suggested repetitive work might have played a role, which did…

March 10, 2011 ·ECAB
Affirmed
COMM

N.L. and U.S. Postal Service, Post Office, Newark, NJ

N.L. (ECAB 10-1552): Reopening request for knee award denied

N.L., a postal inspector with an accepted left knee injury, sought to reopen a decision about his schedule award. His new physician report repeated the same 10 percent left leg impairment rating given in an earlier report. The Board found that this duplicate opinion added no relevant new evidence…

March 10, 2011 ·ECAB
Affirmed
COMM

R.D. and U.S. Postal Service, Post Office, Denver, CO

R.D. (ECAB 10-1380): Treatment-related wage loss returned for review

R.D., a postal employee with accepted work-related conditions, sought wage-loss compensation for periods in 2009. The Board found no medical evidence that she was totally disabled on specific dates during the claimed periods. Records did show treatment for accepted conditions on May 4, May 7, and…

March 10, 2011 ·ECAB
Remanded
COMM

C.R. and Department of the Navy, Business Center, Philadelphia, PA

C.R. (ECAB 10-1295): Part-time information clerk earning capacity upheld

C.R., a former Navy machinist with an accepted right knee injury, challenged OWCP's selection of a part-time information clerk job to measure his earning capacity. The vocational counselor found that his education and experience met the position's requirements. His physician's restrictions…

March 10, 2011 ·ECAB
Affirmed
COMM

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

E.C. (ECAB 10-1278): Untimely reconsideration request denied

E.C., a postal employee, requested reconsideration more than a year after OWCP's last merits decision in April 2006. He argued that his request followed a later Board decision and that OWCP took more than 90 days to respond. The Board held that the later decision did not restart the time limit and…

March 10, 2011 ·ECAB
Affirmed
COMM

K.M. and Department of Veterans Affairs, Veterans Administration Medical Center, West Palm Beach, FL

K.M. (ECAB 10-0516): Wage-loss claim returned for medical development

K.M., a VA medical center employee with accepted conditions, sought wage-loss compensation for periods in 2005 and 2006 through 2007. OWCP relied on a medical opinion that did not address whether he could perform the modified duties assigned during those periods. The statement of accepted facts…

March 10, 2011 ·ECAB
Remanded
COMM

D.D. and U.S. Postal Service, Processing & Distribution Center, Charlotte, NC

D.D. (ECAB 10-1733): Meniscus tear claim denied

D.D., a postal employee, had an accepted left knee contusion after striking her knee at work. She also sought compensation for a meniscus tear. The Board found that her physician relied on the absence of earlier symptoms but did not explain medically how the impact caused the tear. Other reports…

March 9, 2011 ·ECAB
Affirmed
COMM

T.L. and U.S. Postal Service, Airport Mail Facility, New York, NY

T.L. (ECAB 10-1649): Suitable work refusal upheld

T.L., a postal mail handler, had accepted neck and shoulder conditions and was offered a light-duty position. An impartial physician resolved conflicting medical opinions and set restrictions that the offered job met. The Board found his opinion persuasive and found no sufficient medical or other…

March 9, 2011 ·ECAB
Affirmed
COMM

R.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ

R.G. (ECAB 10-1591): Claimed patient-lifting injury not established

R.G., a VA nuclear medicine technologist, said he hurt his back while moving a patient on November 3, 2009. The employer's leave records showed that he did not work that day. Medical and witness statements did not establish when the patient-moving event occurred, and R.G. did not reconcile the date…

March 9, 2011 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Pueblo, CO

D.B. (ECAB 10-1495): Mail carrier's bilateral knee claim denied

D.B., a mail carrier, attributed knee conditions to years of walking, climbing stairs, and entering and leaving a delivery vehicle. His physician described the conditions and said continued activity could worsen symptoms. The Board found that the reports did not explain whether or how the work…

March 9, 2011 ·ECAB
Affirmed
COMM

L.P. and U.S. Postal Service, General Mail Facility, San Antonio, TX

L.P. (ECAB 10-1390): Back disability recurrence claim denied

L.P., a former postal distribution clerk, had an accepted low back strain and sciatica from a 1985 work injury. He later claimed that the injury caused renewed disability after he left postal work. The Board found that his physician did not account for a long gap in treatment or adequately explain…

March 9, 2011 ·ECAB
Affirmed
COMM

S.K. and U.S. Postal Service, Post Office, Meridian, ID

S.K. (ECAB 10-1302): Additional leg impairment award denied

S.K., a letter carrier, sought larger schedule awards and argued that her spinal impairment should be compensated. The Board found that the sixth edition impairment ratings supported the seven percent left leg and five percent right leg awards she had received. It also explained that FECA does not…

March 9, 2011 ·ECAB
Affirmed
COMM

V.L. and U.S. Postal Service, Post Office, Garden City, NY

V.L. (ECAB 10-1224): Termination of injury benefits upheld

V.L., a postal mail handler, had accepted neck and shoulder sprains after a fall at work. OWCP later terminated benefits, relying on a second opinion physician who found that the accepted conditions had resolved. The Board found his examination and explanation persuasive. The competing reports did…

March 9, 2011 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Kansas City, MO

D.B. (ECAB 10-1101): Additional cervical disc conditions not accepted

D.B., a postal mail handler, had an accepted cervical strain and C4-5 disc herniation from a 2001 work injury. He sought acceptance of additional herniations at C3-4, C5-6, and C6-7. The Board found no reasoned physician opinion connecting those additional conditions to the work injury. It upheld…

March 9, 2011 ·ECAB
Affirmed
COMM

R.P. and U.S. Postal Service, Processing & Distribution Center, Memphis, TN

R.P. (ECAB 10-1040): Upper extremity award returned for impartial examination

R.P., a postal employee, sought a schedule award beyond the ratings already paid for both upper extremities. Her physician and OWCP's referral physician disagreed about impairment associated with the right shoulder, and the Board found their opinions of comparable weight. OWCP's medical adviser had…

March 9, 2011 ·ECAB
Remanded
COMM

American Federation of Government Employees, Council 220 (Union) and Social Security Administration, Redding District Office, Redding, California (Agency)

AFGE Council 220 and SSA Redding Office (FLRA 0-AR-4617): Flexible-schedule employees denied unapproved overtime

Service and claims representatives at the Social Security Administration's Redding office sought overtime pay for work before the office's authorized 7 a.m. start time. The affected employees used flexible work schedules, and an arbitrator rejected the union's claim for overtime that management had…

March 9, 2011 ·FLRA
Upheld
COMM

Copeq Trading Company, Inc.

In re Copeq Trading Company, Inc. (EAB TSCA Docket No. TSCA-HQ-2011-5005): penalty paid and case resolved

The EPA alleged that Copeq Trading Company, Inc. violated section 8(a) of the Toxic Substances Control Act by failing to comply with the statute's reporting requirements. EPA proposed a civil penalty of $74,536. Copeq paid the full proposed penalty, which provided a quick resolution under the…

March 8, 2011 ·EPA EAB
Settled
COMM

V.H. and Department of Veterans Affairs, Southern Oregon Rehabilitation Center & Clinics, White City, OR

V.H. (ECAB 10-1846): Reopening request for disability claim denied

V.H., a VA employee, requested another merits review of her disability claim. Her physician repeated an earlier opinion that work permanently aggravated a degenerative back condition, but that condition was not accepted in the claim. The report did not address whether accepted conditions disabled…

March 8, 2011 ·ECAB
Affirmed
COMM

C.E. and U.S. Postal Service, Post Office, Des Moines, IA

C.E. (ECAB 10-1783): Ankle injury claim denied for missing medical evidence

C.E., a letter carrier, stepped in a hole while delivering mail on August 21, 2006 and said he twisted his ankle. OWCP accepted that the event occurred. The Board found no physician report diagnosing an ankle condition and explaining its connection to the event. It upheld the denial because the…

March 8, 2011 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Huntington Valley Post Office, Philadelphia, PA

A.M. (ECAB 10-1498): Additional right leg schedule award upheld

A.M., a postal employee, received an additional four-percent right leg award in May 2010, raising his total impairment award to 11 percent, and appealed for a higher rating. His physician and OWCP's medical adviser disagreed on how to rate some nerve deficits. The Board found that the medical…

March 8, 2011 ·ECAB
Affirmed
COMM

G.B. and Department of Veterans Affairs, Asheville Veterans Administration Medical Center, Ashville, NC

G.B. (ECAB 10-1324): Emotional condition claim denied

G.B., a VA program support assistant, attributed an emotional condition to management actions and alleged harassment. The Board found that the disputed performance evaluation, leave inquiry, and workplace monitoring were administrative matters without proven error or abuse. The record also did not…

March 8, 2011 ·ECAB
Affirmed
COMM

J.R. and Department of the Air Force, Wright Patterson Air Force Base, Dayton, OH

J.R. (ECAB 10-1314): Telephone solicitor earning capacity upheld

J.R., an Air Force employee, challenged OWCP's finding that he could earn wages as a telephone solicitor. His treating physician found that he could perform the selected position despite physical limitations, and another physician did not provide specific contrary restrictions. The Board found the…

March 8, 2011 ·ECAB
Affirmed
COMM

W.A. and U.S. Postal Service, Post Office, Washington, DC

W.A. (ECAB 10-1252): Back condition claim denied

W.A., a postal employee, claimed that a workplace event on October 14, 2008 caused a back condition. OWCP accepted that the event occurred. The Board found that the medical opinions did not adequately explain how it caused or aggravated his back condition in light of the medical history. It upheld…

March 8, 2011 ·ECAB
Affirmed
COMM

A.B. and Department of Justice, Metropolitan Correctional Center, San Diego, CA

A.B. (ECAB 10-1166): Complaint clerk earning capacity upheld

A.B., a former federal corrections officer, challenged OWCP's use of a customer complaint clerk job to measure her earning capacity. The selected sedentary position fit her physician's physical restrictions, and the mental health evidence did not rule it out. Vocational evidence showed that the…

March 8, 2011 ·ECAB
Affirmed
COMM

K.B. and Department of Homeland Security, Customs & Border Protection, Laguna Niguel, CA

K.B. (ECAB 10-1155): Recurrence of total disability denied

K.B., a Customs and Border Protection employee, claimed that he became totally disabled after working in a modified mission support position. He did not show that the assigned duties changed or exceeded his medical restrictions, and the limited-duty work remained available. He also submitted no…

March 8, 2011 ·ECAB
Affirmed
COMM

A.B. and U.S. Postal Service, Clayton Station, San Francisco, CA

A.B. (ECAB 10-1070): Late reconsideration request returned for merits review

A.B., a postal employee, filed a late request to reconsider an emotional condition claim. She submitted an EEOC decision finding retaliation and misconduct by her supervisor. The Board found that this new evidence raised a substantial question about OWCP's earlier finding that no compensable work…

March 8, 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.