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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J.D. and Department of Veterans Affairs, Veterans Health Administration, Los Angeles, CA
J.D. (ECAB 10-0746): No continuing work-related heart condition found
J.D., a VA addiction counselor, sought continuing compensation for an accepted temporary aggravation of atrial fibrillation. The Board credited an OWCP referral cardiologist who found that work stress temporarily aggravated the condition but that the aggravation ended when J.D. retired in January…
L.L. and U.S. Postal Service, Post Office, Manchester, NH
L.L. (ECAB 10-0500): Mailbox incident accepted but injury claim denied
L.L., a Postal Service mail carrier, reported pain after bending to empty mailboxes on his route. OWCP denied the claim because it found the incident unproven. The Board disagreed on that point, finding his account consistent with his medical history and testimony. It still denied compensation…
C.H. and U.S. Postal Service, Post Office, Yeadon, PA
C.H. (ECAB 10-0413): Benefit termination and right leg award affirmed
C.H., a Postal Service letter carrier, had accepted back and knee injuries after a vehicle pinned her against a work truck. OWCP later terminated her benefits and denied an additional right leg schedule award. The Board credited an impartial physician’s opinion that the accepted conditions had…
K.L. and U.S. Postal Service, Post Office, Guntersville, AL
K.L. (ECAB 10-1331): Unwanted contact established, emotional injury unproven
K.L., a Postal Service sales associate, claimed anxiety and depression after alleging that a coworker touched her without consent. OWCP had found no compensable work factor. The Board found that the coworker’s admitted contact with her head or neck, together with a supervisor’s account, established…
J.B. and Department of the Air Force, Robins Air Force Base, GA
J.B. (ECAB 10-1158): Reconsideration request denied without merits review
J.B., an Air Force aircraft sheet metal mechanic leader, sought reconsideration of OWCP’s denial of an occupational disease claim. The Board lacked jurisdiction to review the underlying merits because the appeal came more than 180 days after the latest merit decision. It found that his…
R.S. and U.S. Postal Service, Post Office, Wichita, KS
R.S. (ECAB 10-1130): Disc disease and disability recurrence claims denied
R.S., a Postal Service clerk, had an accepted lumbar sprain after she jumped back from an improperly locked all-purpose carrier. She claimed that the incident also aggravated preexisting degenerative disc disease and later caused a recurrence of disability. The Board found that one physician’s…
J.C. and U.S. Postal Service, Post Office, Mount Morris, MI
J.C. (ECAB 10-1129): Sorting case injury claim sent back for medical review
J.C., a Postal Service clerk, reported back, shoulder, and elbow pain after sorting mail in a newly installed case that required more reaching and turning. OWCP accepted the work activity but denied the injury claim for insufficient medical evidence. The Board found that several medical reports…
D.P. and U.S. Postal Service, Post Office, Andover, NJ
D.P. (ECAB 10-1072): Shoulder and neck claim sent back for medical review
D.P., a Postal Service rural carrier, claimed a shoulder condition and aggravation of a preexisting cervical condition from repetitive work. The Board found that her physicians’ reports supported a possible work connection but did not fully explain causation. Because the reports were uncontradicted…
C.C. and U.S. Postal Service, Health & Resource Management, Pittsburgh, PA
C.C. (ECAB 10-1068): Stress claim returned for medical review
C.C., a Postal Service employee, attributed anxiety and high blood pressure to workplace actions after she returned from an injury. The Board found insufficient support for most of her allegations of harassment or error in personnel actions. It did find an administrative error when the employer…
J.C. and U.S. Postal Service, Post Office, Kansas City, MO
J.C. (ECAB 10-1067): Requested back surgery not authorized
J.C., a Postal Service machine clerk, had accepted lumbar disc disease and radiculopathy and requested an X-stop procedure. Her surgeon recommended the surgery, while other physicians questioned whether it would treat her condition. OWCP referred the dispute to an impartial orthopedic surgeon, who…
D.H. and U.S. Postal Service, Post Office, Detroit, MI
D.H. (ECAB 10-1062): Late reconsideration request denied
D.H. sought to reopen a long-standing OWCP decision ending wage loss benefits after she declined an offered job. The Board found that her 2009 reconsideration requests came more than a year after the last merit decision in 2001. It also found that the submitted medical reports did not demonstrate…
K.S. and U.S. Postal Service, Post Office, Tampa, FL
K.S. (ECAB 10-0587): Back disc condition claim denied
K.S., a Postal Service mail handler, claimed that repeated lifting caused or aggravated disc conditions in her lower back. One physician diagnosed disc bulges but did not explain how her work caused them. Another said her condition was likely due to workload, but did not give a detailed work or…
R.Y. and Department of the Army, Army National Guard, Milford, MA
R.Y. (ECAB 10-1416): Late reconsideration request denied
R.Y. sought reconsideration of an earlier denial of an emotional condition claim based on alleged workplace sexual harassment. The Board held that her requests were late and that the new submissions did not show clear evidence of error in the prior decision. It affirmed OWCP’s refusal to reopen the…
J.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX
J.J. (ECAB 10-1351): Knee injury recurrence denial affirmed
J.J. had an accepted left knee strain from a 1999 work injury. She later claimed a recurrence beginning January 10, 2009, when her knee gave way while she walked to her car. OWCP asked for medical evidence connecting the later condition or disability to the accepted injury, but she did not submit…
B.C. and U.S. Postal Service, Post Office, Brooklyn, NY
B.C. (ECAB 10-1120): Reconsideration request found timely
B.C. sought reconsideration of an earlier OWCP decision on his injury claim. OWCP treated the request as late and applied the clear evidence of error standard. The Board found an August 22, 2008 written request from his authorized representative that fell within one year of the last merit decision…
J.G. and U.S. Postal Service, Processing & Distribution Facility, Medford, OR
J.G. (ECAB 10-1006): Mail container injury claim denied
J.G., a Postal Service mail clerk, reported pain after pushing a mail container at work. The Board accepted that the activity occurred but found no sufficient medical explanation linking it to a diagnosed back, hip, or leg condition. One physician did not explain how the activity caused lumbar…
E.M. and Department of the Air Force, Hills Air Force Base, Layton, UT
E.M. (ECAB 10-0789): Cancer claim denied as untimely
E.M., a retired Air Force employee, claimed that work with radioactive materials caused thyroid and prostate cancer. The Board found he knew or should have known of the alleged work connection by 1984 for thyroid cancer and 1998 for prostate cancer, but did not file until 2007. It found no evidence…
C.H. and Department of the Army, U.S. Army Installation Management Command, Fort Polk, LA
C.H. (ECAB 10-0661): Left leg impairment award affirmed
C.H., an Army child development program assistant, received a schedule award for left leg impairment following accepted lumbar injuries. A second opinion physician rated her left leg impairment at 20 percent, and an OWCP medical adviser agreed. The Board found no evidence supporting a higher rating…
T.K. and Department of Homeland Security, Federal Emergency Management Agency, Hyattsville, MD
T.K. (ECAB 10-0579): Reconsideration denied without reopening claim
T.K. sought reconsideration of OWCP’s denial of compensation for an October 2007 absence following accepted back and right knee injuries. The Board could review only the refusal to reopen, because the underlying merit decision was outside its appeal period. It found that much of the submitted…
T.M. and U.S. Postal Service, Carmi Post Office, Carmi, IL
T.M. (ECAB 10-0574 and 10-2019): Disability recurrence denials affirmed
T.M., a Postal Service letter carrier, had an accepted protruding lumbar disc and returned to modified work. She sought compensation for two periods of total disability in early 2009. The Board found no change in her modified job requirements or in the accepted condition that prevented that work…
S.B. and Department of Justice, Executive Office for Immigration Review, Immigration Court, Orlando, FL
S.B. (ECAB 10-0435): Fall injury denied, medical expense issue remanded
S.B., an immigration court employee, slid from her chair at work and received emergency medical care. The Board found that the fall was unexplained and occurred in the performance of duty, but that the medical evidence did not establish a condition caused by it. It therefore upheld denial of the…
Triad Underground Mining, LLC
Lifeline and flood-protection violations yield $55,013 penalty
MSHA cited Triad's Freelandville underground coal mine for missing directional cones along primary-escapeway lifelines and for allowing flood water to make both mine portals impassable. The judge affirmed the two lifeline violations as S&S because missing cones over distances up to 300 feet could…
C.S. and U.S. Postal Service, Processing & Distribution Center, San Antonio, TX
C.S. (ECAB 10-1406): Carpal tunnel syndrome claim denied
C.S., a Postal Service mail handler, claimed that repeated lifting of heavy mail tubs caused or worsened carpal tunnel syndrome in both wrists. The Board accepted that his job involved lifting the tubs. It found that his physician listed probable carpal tunnel syndrome but did not explain whether…
J.K. and U.S. Postal Service, Post Office, Chicago, IL
J.K. (ECAB 10-1059): Termination of spine injury benefits affirmed
J.K., a Postal Service clerk, received benefits for accepted neck and back conditions after a 2005 work injury. OWCP ended the benefits after an impartial orthopedic surgeon found no continuing work-related disability or residuals. The Board gave that opinion special weight because it reviewed the…
D.P. and U.S. Postal Service, Post Office, Houston, TX
D.P. (ECAB 10-1050): Termination of sprain injury benefits affirmed
D.P., a Postal Service expediter, had accepted neck, back, shoulder, and arm sprains from a 2007 work incident. OWCP later ended benefits after an impartial physician found that the accepted conditions had resolved. The Board gave his opinion special weight because it reviewed her history and…
R.F. and Department of the Navy, Naval Supply Systems Command, Philadelphia, PA
R.F. (ECAB 10-1020): Compensation ended after refusal of suitable work
R.F., a Navy systems analyst, received compensation after accepted back and knee injuries. An impartial physician found that she could perform modified full-time work, and the Navy offered an IT specialist position within those restrictions. The Board found that OWCP had properly deemed the job…
J.M. and Department of the Army, New Cumberland Army Depot, New Cumberland, PA
J.M. (ECAB 10-1007): Wage loss claim for back sprain denied
J.M. had an accepted thoracic sprain from a June 2008 work injury and sought wage loss compensation for several months afterward. The Board reviewed medical notes addressing symptoms, work restrictions, or limited periods of disability. It found that the reports did not explain how the accepted…
M.P. and U.S. Postal Service, Post Office, Elmira, NY
M.P. (ECAB 10-1005): Left arm impairment award affirmed
M.P., a Postal Service mail handler, had an accepted left hand tendon condition and received a schedule award based on 2 percent left arm impairment. She sought a higher rating based on a physician’s estimate of thumb loss. The Board found that estimate insufficient because it did not use the AMA…
G.G. and Office of Personnel Management, Federal Investigative Services Division, Virginia Beach, VA
G.G. (ECAB 10-0772): Hand injury and disability recurrence claims denied
G.G. had accepted neck and back sprains from a January 2009 fall at work. He later fell at home and injured his right hand, claiming that the accepted back injury caused his legs to give way. The Board found that the medical reports did not explain how the accepted lumbar sprain caused the later…
D.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Boston, MA
D.C. (ECAB 10-0512): Overpayment and recovery plan affirmed
D.C. worked six hours a day but OWCP mistakenly paid wage loss benefits for six hours rather than the remaining two hours. The Board upheld the resulting $75,692.81 overpayment calculation. Although OWCP found her without fault, the Board found that her income and assets exceeded the limits for…
American Federation of Government Employees, Council 236 (Union) and United States General Services Administration (Agency)
AFGE Council 236 and GSA (FLRA 0-AR-4707): Union's exceptions to arbitration award denied
AFGE Council 236 challenged an arbitration award involving the General Services Administration. The union argued, among other things, that the agency violated provisions of its telework order. The Authority found no basis in the exceptions to conclude that the award was contrary to a law, rule, or…
E.S. Stone & Structure, Inc.
Late fatality report affirmed, penalty cut to $2,000
An employee at E.S. Stone's surface dimension-stone mine became unresponsive at work, received CPR and emergency treatment, and was pronounced dead at the mine. The operator first tried to contact MSHA about 40 minutes after the pronouncement and completed the call 47 minutes after it. The judge…
Lehigh Cement Company
Prompt, detailed reopening request granted
Lehigh's counsel overlooked a proposed penalty assessment among materials the company had forwarded, causing the contest deadline to be missed. The Secretary opposed reopening, arguing that inadequate procedures and a busy workload did not establish sufficient grounds. The Commission granted relief…
K.N. and U.S. Postal Service, Distribution Center, Bellmawr, NJ
K.N. (ECAB 11-0779): Recurrence claim remanded to combine case files
K.N. sought compensation for a recurrence of disability involving accepted carpal tunnel syndrome. The Board found that OWCP had relied on information from a later shoulder injury claim, but the record before it did not contain the evidence from that claim. It set aside the denial and instructed…
T.C. and Department of Agriculture, Food Safety & Inspection Service, Hickory, KY
T.C. (ECAB 10-1370): Thumb and wrist injury claim denied
T.C., a federal food safety inspector, reported thumb and wrist symptoms after inspecting chickens on an evisceration line. The Board accepted that she performed the described work on June 22, 2009. An MRI report showed findings consistent with de Quervain’s tenosynovitis, but did not address what…
A.S. and U.S. Postal Service, Post Office, North Houston, TX
A.S. (ECAB 10-1270): Emotional condition claim returned for merits review
A postal plant manager attributed an emotional condition to long hours, inadequate staffing and equipment, and management pressure. OWCP denied her claim and later refused to reopen it. The Board found that OWCP had overlooked statements about her work conditions and had not addressed her argument…
A.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Bay Pines, FL
A.C. (ECAB 10-1232): Refusal to reopen compensation claim upheld
A VA nurse sought to restore benefits after OWCP terminated compensation for back conditions linked to an accepted 1983 injury. She requested reconsideration and submitted records about a cardiac condition, while her attorney argued that she still had disabling effects of the injury. The Board…
R.B. and U.S. Postal Service, Post Office, Greensboro, NC
R.B. (ECAB 10-1177): Additional left arm schedule award denied
R.B., a postal carrier, had already received a schedule award for five percent impairment of his left arm after an accepted ulnar nerve condition. He sought an additional award after further treatment and submitted a physician’s impairment rating. The Board found that the physician’s rating and the…
M.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI
M.P. (ECAB 10-1137): Additional knee schedule awards denied
M.P. had received schedule awards for 37 percent impairment of his right leg and 22 percent of his left leg after accepted knee injuries. He sought more compensation and submitted his treating surgeon’s higher right knee disability estimate. The Board found that the surgeon did not explain his…
D.H. and U.S. Postal Service, Main Post Office, Lynchburg, VA
D.H. (ECAB 10-1044): Recurrence of back disability not established
D.H., a postal clerk, had an accepted 2006 back sprain and later claimed that a 2009 period of back pain and inability to work was a recurrence of that injury. Her physician marked forms linking her symptoms to the earlier injury and reported that she could not work, while other records described…
R.D. and Department of the Army, Reserve Officers Training Corps, Norman, OK
R.D. (ECAB 10-1037): Cadet's shoulder injury claim denied
R.D., an Army ROTC cadet, reported left shoulder pain after descending an exercise rope. OWCP accepted the rope descent but denied his injury claim. The Board found that his orthopedic surgeon diagnosed a shoulder lesion and related conditions without adequately explaining how the rope incident…
M.H. and U.S. Postal Service, Post Office, Topeka, KS
M.H. (ECAB 10-1035): Wrist impairment award returned for medical review
M.H., a postal worker, received a schedule award after surgery for an accepted right wrist ganglion cyst and sought a higher rating. Her treating physician reported nine percent right arm impairment, while OWCP relied on a medical adviser to maintain the lower award. The Board found that the…
J.A. and U.S. Postal Service, Post Office, Decatur, GA
J.A. (ECAB 10-1017): Right shoulder award and reconsideration denial upheld
J.A., a postal letter carrier, received a 10 percent right arm schedule award after treatment for an accepted shoulder condition. His treating surgeon proposed a higher rating, but the Board found that the surgeon had not explained it under the applicable sixth edition of the A.M.A. Guides. It held…
AMP Electrical, Inc.
Electrical training and energized-circuit violations affirmed
AMP Electrical was installing equipment for a store's new chiller when an electrician drilled through a switchboard back plate and contacted an energized circuit, causing a flash and burns to his face and neck. The judge found that the project was construction work and that AMP could have…
Enos Miller
Default order left in place
The Chief Administrative Law Judge entered default judgment after Enos Miller did not answer the Secretary's penalty petition or respond to a show-cause order. Miller sent the Commission a timely letter asking to set the default aside, and the Secretary did not oppose his request. The Commission…
F.W. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
F.W. (ECAB 10-1447): Back injury claim after forklift incident denied
F.W., an Army materials handler, reported back and leg symptoms after stepping off a forklift at work. OWCP accepted that the incident occurred, and the medical records included a lumbar sprain diagnosis. The Board found that the physicians had not explained how the incident caused the diagnosed…
D.S. and U.S. Postal Service, Post Office, Lemont, IL
D.S. (ECAB 10-1065): Refusal to reconsider postal carrier's claim upheld
D.S., a postal letter carrier, attributed back and shoulder symptoms to carrying a mailbag and repetitive work. OWCP denied his occupational disease claim and later refused to reopen it when he requested reconsideration. The Board could review only the refusal to reopen because the appeal was too…
T.M. and U.S. Postal Service, Post Office, Hickory, NC
T.M. (ECAB 10-1025): Termination of injury benefits upheld
T.M., a postal clerk, received compensation after a forklift injured his left leg and shoulder. OWCP later terminated wage-loss and medical benefits, relying on a referral physician who found that the accepted sprains and contusion had resolved. The Board found his opinion reasoned and supported by…
S.P. and U.S. Postal Service, Pittsburgh Bulk Mail Facility, Warrendale, PA
S.P. (ECAB 10-1019): Cervical condition claim sent for impartial medical review
S.P., a postal mail flow controller, claimed that years of looking up at stacked monitors and using a mouse caused or worsened her cervical condition. Her treating physician linked the condition to those duties, while OWCP’s examining physician disputed a work connection. The Board found a conflict…
J.B. and Social Security Administration, Baltimore, MD
J.B. (ECAB 10-0973): Left arm award returned for impartial rating review
J.B. had received a schedule award for 27 percent impairment of her left arm and sought a higher rating. An impartial specialist rated 30 percent, but OWCP relied on its medical adviser’s lower rating to deny an increase. The Board held that the adviser had substituted his judgment for the…
D.J. and U.S. Postal Service, Post Office, Detroit, MI
D.J. (ECAB 10-0972): Life insurance premium overpayment affirmed
D.J., a former postal carrier receiving compensation, was undercharged for basic and postretirement life insurance premiums. OWCP found a $9,475.34 overpayment and sought recovery even though it found she was not at fault. The Board upheld the amount, finding that the premium records and…
W.S. and U.S. Postal Service, Post Office, Lansing, MI
W.S. (ECAB 10-0941): Bilateral hip disease claims denied
W.S., a postal mail clerk, attributed arthritis in both hips to standing, walking, lifting and twisting at work. He had undergone a right hip replacement before filing the claims. The Board found that the treating surgeon had not linked the hip disease to work and that another physician’s…
M.L. and U.S. Postal Service, Post Office, Bellmawr, NJ
M.L. (ECAB 10-0932): Right arm carpal tunnel award upheld
M.L., a postal mail handler, received a schedule award for 10 percent impairment of each arm after accepted bilateral carpal tunnel syndrome. She appealed only the right arm rating, relying on a treating physician’s higher estimate that included pinch strength loss. The Board found that the…
V.E. and U.S. Postal Service, Post Office, Goldsboro, NC
V.E. (ECAB 10-0841): Cervical injury claim after shelf work denied
V.E., a postal rural carrier, reported neck and left arm symptoms after pulling metal dividers from shelves at work. OWCP accepted the August 13, 2008 incident but denied the injury claim. The Board found that one physician did not link a diagnosed condition to the incident and another used a…
Justin Nagel v. Newmont USA Limited
Discovery violations end discrimination case
Justin Nagel pursued a discrimination complaint without counsel after the Secretary declined to bring the case. Audio recordings in Nagel's possession concerned the safety complaints, discipline, suspension, and termination at the center of his allegations. The judge repeatedly ordered him to…
Blankenberger Bros., Inc.
Welding, berm, and equipment violations bring $1,087 penalty
Blankenberger was a contractor building slurry ponds and lakes at the Oaktown Fuels Mine No. 1. The judge affirmed an S&S violation for welding without shielding where flashes were visible to nearby heavy-equipment operators and other workers. She also affirmed an S&S violation for failing to berm…
J.P. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
J.P. (ECAB 10-1356): Further physical therapy authorization denied
J.P., an IRS secretary, had accepted face and neck injuries from a workplace fall and received physical therapy for several years. Her therapist sought more sessions, and her physician prescribed therapy for the accepted facial conditions. The Board found that the physician had not explained why…
D.B. and Department of the Army, Fort Leavenworth, KS
D.B. (ECAB 10-1330): Back injury claim after lifting tool bag denied
D.B., an Army telecommunications mechanic, reported back pain after lifting a tool bag at work. OWCP accepted that the lifting happened but denied the injury claim. An MRI showed lumbar disc changes, while one physician said the link to work was unknown and another noted the lack of prior back pain…
A.A. and U.S. Postal Service, Post Office, Chula Vista, CA
A.A. (ECAB 10-1162): Refusal to reopen neck condition claim upheld
A.A., a postal letter carrier, attributed a cervical condition to repetitive work and sought reconsideration after OWCP denied her claim. She argued that her duties were too strenuous and referred to a nurse’s report and a later physician’s report, but did not submit copies with the request. The…
C.J. and U.S. Postal Service, Post Office, Nashville, TN
C.J. (ECAB 10-1028): Work-related low back condition not established
C.J., a postal clerk, attributed low back and left leg symptoms to years of lifting and bending at work. He had undergone earlier back surgery, and later medical records described lumbar and sciatic conditions. The Board found that his physicians did not adequately account for the prior condition…
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.