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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Dittrich Mechanical & Fabrication, Inc.
No written citations means no effective assessment
MSHA proposed penalties based on two citations, and Dittrich later asked the Commission to reopen after its secretary filed the assessment away. Dittrich also said it never received the written citations. The Commission majority held that without evidence the citations were issued in writing as…
Secretary of Labor v. Dodge Hill Mining Company, LLC
Detailed renewed request reopens assessment
Dodge Hill Mining initially said a clerical error caused it to miss the deadline for contesting six penalties, but the Commission denied reopening because that explanation lacked detail. The company renewed its request with an affidavit from its parent company's assessment analyst. She explained…
Mosaic Potash Carlsbad Inc.
Timely contest makes reopening unnecessary
Mosaic asked the Commission to reopen a proposed penalty assessment involving Citation No. 6571486. The Secretary's records showed that Mosaic's request was postmarked within the Mine Act's 30-day contest period. MSHA therefore accepted the filing as a timely contest and added the citation to an…
B.H. and Department of Homeland Security, U.S. Secret Service, Washington, DC
B.H. (ECAB 10-1168): Medical benefits denial reversed
B.H. sought medical treatment after previously accepted work-related cervical injuries. OWCP denied his recurrence claim by requiring him to prove a continuing medical need. The Board found that OWCP had already accepted his cervical sprain and aggravation of disc disease, so OWCP bore the burden…
M.O. and Department of Veterans Affairs, Audie L. Murphy Veterans Hospital, San Antonio, TX
M.O. (ECAB 10-1085): Housekeeping worker’s back claim denied
M.O. attributed chronic low back problems to demanding housekeeping duties at a veterans hospital. The Board accepted that he performed the described work and had diagnosed back conditions. It found the medical reports did not adequately explain how those particular duties caused or aggravated his…
J.C. and U.S. Postal Service, Post Office, Fairfield, OH
J.C. (ECAB 10-1081): Reconsideration denial upheld
J.C., a letter carrier, sought reconsideration of a denied claim for knee conditions he attributed to extensive walking. His new medical reports described pain following work but did not give a physician’s specific opinion linking a diagnosed condition to his duties. The Board held that the reports…
J.B. and Department of the Navy, Navy Yard, Philadelphia, PA
J.B. (ECAB 10-0934): Total disability claim after knee surgery denied
J.B. received total disability benefits for six months after an authorized right knee replacement. He sought continued total disability compensation beyond that period. The Board found that the medical evidence supported a return to sedentary work matching the marine draftsman position used in his…
P.P. and U.S. Postal Service, Post Office, Gaithersburg, MD
P.P. (ECAB 10-0828): Untimely reconsideration denial upheld
P.P. asked OWCP to reconsider a long-standing disability claim. The Board held that her request came more than one year after the last decision on the merits, so OWCP properly applied the clear-evidence-of-error standard. Her arguments about filing deadlines and disability did not demonstrate such…
D.G. and Department of Labor, Office of Workers’ Compensation Programs, Kansas City, MO
D.G. (ECAB 10-0731): Upper extremity impairment rating remanded
D.G. sought larger schedule awards for accepted carpal tunnel syndrome in both arms. An impartial examiner rated each arm at four percent impairment, below her existing awards. The Board found the rating incomplete because the examiner and OWCP medical adviser had not explained which impairment…
A.F. and U.S. Postal Service, Post Office, Mansfield, MA
A.F. (ECAB 10-0724): Mail carrier’s injury claim denied
A.F. alleged a shoulder injury while delivering mail on Cottage Street. Postal Service route scans and supervisors’ statements placed another carrier on that route, and A.F.’s accounts of whether she scanned a relay box changed. The Board found the evidence did not establish that the incident…
M.H. and U.S. Postal Service, General Mail Facility, Albany, NY
M.H. (ECAB 10-0300): Merit review denial upheld
M.H. sought to reopen a claim after OWCP ended compensation and medical benefits for an accepted condition. Her new physicians’ reports repeated earlier evidence, and her argument that an impartial examiner relied on an incorrect onset date had already been considered. The Board held that neither…
N.M. and U.S. Postal Service, Post Office, Woonsocket, RI
N.M. (ECAB 10-0116): Forfeiture and overpayment reversed
N.M. earned wages as a substitute teacher’s assistant through an OWCP-sponsored rehabilitation program. Although she omitted those earnings from a reporting form, she had sent pay slips to OWCP, and its rehabilitation personnel knew about her work. The Board held that OWCP applied the wrong…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and National Air Traffic Controllers Association (FLRA 0-AR-4557): Reprimand remedy upheld
The FAA reprimanded an employee for inattention to duty, then removed the letter from his personnel folder before arbitration. The arbitrator found the grievance still live and the reprimand unjustified. He ordered the agency to rescind and expunge it, make up the difference between a 0.6 percent…
E.W. and U.S. Postal Service, Main Post Office, Chicago, IL
E.W. (ECAB 10-1194): Left leg impairment award upheld
E.W. received a schedule award for 17 percent permanent impairment of her left leg after accepted aggravation of varicose veins with ulcers. Her physician calculated that rating under the applicable impairment guide, and OWCP’s medical adviser agreed. The Board found no medical evidence supporting…
C.H. and Department of Commerce, National Oceanic & Atmospheric Administration, National Ocean Service, Silver Spring, MD
C.H. (ECAB 10-1061): Emotional condition claim denied
C.H. attributed anxiety and depression to a supervisor’s email about outgoing correspondence and alleged harassment and retaliation. The Board found no evidence that the supervisor committed administrative error or abuse, or that the alleged harassment occurred. Without an established compensable…
N.S. and U.S. Postal Service, Main Post Office, Lexington, SC
N.S. (ECAB 10-1039): Knee-related disability claim denied
N.S. sought wage-loss compensation beginning on the day of an accepted right knee contusion. Her physician found her unable to work but discussed several other conditions and did not explain how the accepted knee injury caused disability during the claimed period. The Board held that the medical…
R.W. and U.S. Postal Service, Post Office, Detroit, MI
R.W. (ECAB 10-1032): Left hip injury claim denied
R.W. reported left hip pain while maneuvering a postal truck. OWCP accepted that the work incident occurred. The Board found his physician’s short report did not explain how pivoting in the truck caused or aggravated his preexisting hip bursitis and scoliosis, so the medical evidence did not…
V.T. and U.S. Postal Service, North Metro Processing & Distribution Center, Duluth, GA
V.T. (ECAB 10-1008): Shoulder impairment claim remanded
V.T. challenged a three percent right arm schedule award after shoulder surgery. Her physician supplied range of motion measurements that could support a higher rating. The Board found that OWCP’s medical adviser had not explained why he used a diagnosis-based method without addressing those…
R.H. and Department of the Army, Stuttgart, Germany
R.H. (ECAB 10-0995): Wage-loss reduction reversed
OWCP reduced R.H.’s wage-loss benefits after finding that he could work as a receptionist despite an accepted wrist injury. OWCP’s second-opinion physician limited repetitive wrist movement to one hour a day, while receptionist duties included typing and frequent handling. The Board held that OWCP…
C.G. and U.S. Postal Service, Fayetteville Main Post Office, Fayetteville, GA
C.G. (ECAB 10-0896): Untimely reconsideration denial upheld
C.G. sought reconsideration of a 2007 denial of wage-loss compensation for a period in 2005 and 2006. The Board found her 2009 request untimely. Her arguments about previously reviewed medical opinions did not show clear error in OWCP’s decision or establish that her accepted work injuries caused…
S.W. and U.S. Postal Service, Post Office, Madison, WI
S.W. (ECAB 10-0686): Reconsideration denial upheld
S.W. sought to reopen a claim involving termination of benefits for an accepted back strain. She resubmitted previously considered medical reports and offered new material that did not address the termination issue. The Board found her allegations of improper handling unsupported and held that none…
B.C. and U.S. Postal Service, Post Office, Duluth, GA
B.C. (ECAB 10-0375): Additional wage-loss claim denied
B.C. sought total disability compensation for a two-year period following accepted knee and upper extremity injuries. The Board found no persuasive, contemporaneous medical opinion explaining why her accepted conditions prevented her from working throughout that period. Later reports did not…
Elk Run Coal Company
Unopened mail during mine idling is not excusable neglect
An Elk Run subsidiary idled its mine with a skeleton crew, and incoming mail accumulated unopened for about three months. A proposed assessment covering 16 citations, including 13 designated significant and substantial, became final before the safety director found it and sent it to counsel…
Secretary of Labor v. Cargill Deicing Technology
Ground citation vacated, electrical citation affirmed
Cargill operates an underground deicing salt mine in Cleveland, Ohio, where MSHA issued six citations. Judge Margaret A. Miller vacated a ground-control citation because the Secretary did not prove that a cracked rib beside a power center created a hazard, particularly where removal required…
K.M. and Department of the Interior, Fish & Wildlife Service, Lakewood, CO
K.M. (ECAB 10-1215): Reconsideration denial upheld
K.M. sought reconsideration after OWCP denied a claim related to two all-terrain vehicle incidents. She submitted copies of imaging reports that OWCP had already considered. The Board held that duplicate evidence did not satisfy the criteria for reopening the claim for a review on the merits.
A.S. and U.S. Postal Service, Cincinnati Bulk Mail Center, Cincinnati, OH
A.S. (ECAB 10-1048): Right arm condition claim denied
A.S. attributed right arm symptoms and cervical radiculopathy to repetitive mail rewrap duties. OWCP accepted the duties and the radiculopathy diagnosis. The Board found that her physician described worsening symptoms with repetitive activity but did not explain how the specific work caused the…
M.K. and Department of Health & Human Services, Social Security Administration, San Rafael, CA
M.K. (ECAB 10-0956): Termination of compensation upheld
M.K. had received compensation for an emotional condition accepted in the 1980s. OWCP’s psychiatric examiner found no current diagnosable condition linked to those work events. The Board found his opinion well supported by examination, testing and the medical history, while M.K.’s older records did…
K.M. and Department of Commerce, Bureau of the Census, Boston, MA
K.M. (ECAB 10-0914): Post-employment injury claim denied
K.M. injured her eye while transporting Census Bureau materials the day after her temporary employment ended. She planned to return the materials and discuss future work with a former manager. The Board found that she was not a federal employee when injured and was not performing a service…
V.O. and U.S. Postal Service, Post Office, Bountiful, UT
V.O. (ECAB 10-0752): Written-record review denial upheld
V.O. requested written-record review in 2009 of a claim denial issued in 2004. The Board held that her request missed the 30-day deadline. OWCP had considered whether to grant review anyway and reasonably concluded that she could submit additional evidence through reconsideration, so its denial was…
T.L. and Department of Defense, Defense Logistics Agency, New Cumberland, PA
T.L. (ECAB 10-0734): Benefits termination for refusal of work upheld
T.L. declined a modified position at her former workplace after moving to another state. The Board found that the offered work matched her medical restrictions and that the evidence did not show her accepted shoulder injury prevented her from traveling or relocating for it. OWCP had followed the…
B.M. and U.S. Postal Service, Post Office, Norfolk, VA
B.M. (ECAB 10-0618): Timely back claim remanded for merits review
B.M. attributed a back condition to years of postal work. OWCP denied his claim as late because he had recognized a possible work connection in 2002. The Board found that he remained exposed to the alleged injurious work until April 10, 2009, and filed the claim 12 days later. It held the claim…
W.D. and Department of the Army, South Central Regional Director’s Office, Fort Bragg, NC
W.D. (ECAB 10-0141): Emotional condition claim denied
W.D. attributed depression and other symptoms to management actions and alleged harassment at an Army office. The Board found that the challenged supervisory and personnel actions lacked evidence of error or abuse, and that his harassment allegations lacked sufficient corroboration. He had not…
V.J. and U.S. Postal Service, Post Office, St. Louis, MO
V.J. (ECAB 10-0041): Consequential injury denial affirmed as modified
V.J. said an accepted knee condition caused her to fall at home and injure her left arm. The Board found her account of the fall credible enough to establish the incident, modifying OWCP’s factual finding. The medical reports did not adequately link her elbow or shoulder conditions to the fall, so…
J.G. and U.S. Postal Service, Queen Anne Station, Seattle, WA
J.G. (ECAB 10-1178): Recurrence of disability claim denied
J.G. returned to full duty after an accepted low back sprain, then stopped work again several weeks later. Her physician noted increased symptoms and imposed restrictions but did not explain how a spontaneous change in the accepted condition caused the renewed disability. The Board held that the…
K.P. and U.S. Postal Service, North Philadelphia Post Office, Philadelphia, PA
K.P. (ECAB 10-1030): Ankle impairment claim remanded
K.P.’s physician rated a right leg impairment after an accepted ankle and foot injury, while OWCP’s examiner found no injury-related impairment. The Board held that their disagreement concerned clinical findings and causation, beyond a calculation under the impairment guide. It required an…
M.W. and Department of the Army, Army Depot, Anniston, AL
M.W. (ECAB 10-0992): Hearing loss claim denied
M.W. had right ear hearing loss and workplace noise exposure at an Army depot. The examining physicians concluded that his hearing loss predated that employment and had not materially worsened despite later exposure. The Board found no medical opinion supporting work causation or aggravation and…
P.H. and U.S. Postal Service, McDonough Post Office, McDonough, GA
P.H. (ECAB 10-0981): Merit review denial upheld
P.H. sought to reopen a claim after OWCP ended benefits for accepted back strains. The Board found that her new forms and disability benefit application did not address whether accepted injury residuals remained, while her physician’s newer reports repeated earlier findings. Those submissions did…
C.A. and U.S. Postal Service, Post Office, Murphysboro, IL
C.A. (ECAB 10-0946): Left wrist injury claim denied
C.A. reported a left wrist injury while removing mail from a tray. His physician identified longstanding wrist problems but did not explain how that particular activity caused or aggravated any diagnosed condition. The Board held that the evidence did not establish the claimed traumatic injury; his…
R.L. and U.S. Postal Service, Rockridge Station, Oakland, CA
R.L. (ECAB 10-0933): Compensation termination upheld
R.L. received benefits after an accepted work-related back sprain. An OWCP examiner found no remaining injury-related residuals or disability, and her treating physician ultimately agreed after reviewing evidence of her physical activities. The Board found the medical evidence sufficient to justify…
S.B. and U.S. Postal Service, Gateway Performance Cluster, St. Louis, MO
S.B. (ECAB 10-0842): Volleyball injury outside duty
S.B. fractured his ankle playing volleyball after classes while on a temporary postal training assignment. The Board found the game voluntary and personal: the Postal Service neither required participation nor gained a substantial direct benefit. The activity was not reasonably incidental to the…
M.A. and U.S. Postal Service, Post Office, Pineville, LA
M.A. (ECAB 10-0258): Suitable-work benefits termination reversed
OWCP terminated M.A.’s compensation after she declined a modified postal position. Its impartial examiner listed physical restrictions compatible with the job but also said she could not return to work until an urgent assessment of cervical myelopathy. The Board held that the inconsistent opinion…
United States Department of Defense, Defense Commissary Agency, Randolph Air Force Base, Texas (Agency) and American Federation of Government Employees, Local 1035 (Union)
Defense Commissary Agency and AFGE Local 1035 (FLRA 0-AR-4190): Favoritism award set aside
AFGE Local 1035 claimed that the Defense Commissary Agency favored one worker at the Randolph Air Force Base commissary. The arbitrator found no proven monetary or job performance disadvantage but sustained the grievance because he believed the agency had admitted favoritism. The Authority found no…
Charles Scott Howard v. Cumberland River Coal Company
Attorney-fee settlement orders $155,395
Charles Scott Howard requested attorney fees after receiving a favorable decision in his Mine Act discrimination case against Cumberland River Coal Company. The parties jointly moved to approve a settlement. Judge Margaret A. Miller found the proposed settlement appropriate and incorporated all of…
Secretary of Labor v. Lafarge Midwest, Inc.
Ignored windshield complaints bring $10,000 penalty
Lafarge used a John Deere Gator every two hours on all three shifts at its Kansas cement plant. Abrasive dust scratched the Plexiglas windshield, and sunlight or bright artificial light produced glare that impaired the driver's view in areas shared with pedestrians and other vehicles. Employees…
W.O. and U.S. Postal Service, Post Office, Chicago, IL
W.O. (ECAB 10-1262): Physical therapy authorization denied
W.O. sought additional physical therapy after an accepted low back pain claim. The later therapy request identified a lumbar disc condition that OWCP had not accepted. His physician diagnosed a disc bulge but did not explain how it was caused by the work incident. The Board held that OWCP…
S.R. and U.S. Postal Service, Post Office, Medford, OR
S.R. (ECAB 10-1154): Suitable-work termination reversed
S.R.’s physician initially approved a modified postal job but withdrew that approval after learning it required repeatedly opening and closing a mail truck door. OWCP obtained no other medical opinion establishing that she could perform those duties. The Board held that OWCP had not proved the job…
J.R. and Department of Agriculture, Federal Safety & Inspection Service, Neosho, MO
J.R. (ECAB 10-1106): Leg impairment rating remanded
J.R. challenged a two percent right leg schedule award. His physician’s higher rating lacked an explained method, but OWCP’s medical adviser also departed from the impairment guide’s adjustment method without adequate explanation. The Board returned the case for an assessment that correctly applies…
J.M. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH
J.M. (ECAB 10-1105): Back condition claim denied
J.M. submitted further medical reports to support a claimed work-related back condition. The Board found her physician assumed conditions had been accepted without support in the record and attributed MRI findings to an incident six days after the scan. He did not explain the discrepancy or how the…
R.L. and Tennessee Valley Authority, Bull Run Fossil Plant, Clinton, TN
R.L. (ECAB 10-1071): Additional organ-loss awards denied
R.L. received a schedule award for loss of a kidney after accepted cancer but sought additional awards for his removed adrenal glands and spleen. The Board held that neither organ was included in the statutory or regulatory compensation schedule. His reconsideration submission did not address that…
S.A. and U.S. Postal Service, Bulk Mail Center, Atlanta, GA
S.A. (ECAB 10-1011): Weight-room injury outside duty
S.A. injured his arm while lifting weights after hours at a postal training center where he was on temporary duty. The Board found that the activity was voluntary, outside his training and provided no substantial direct benefit to the employer. The presence of a weight room at the facility did not…
M.C. and Department of Agriculture, Food & Safety Administration, Pine Bluff, AR
M.C. (ECAB 10-0989): Fibromyalgia acceptance rescission upheld
OWCP had accepted M.C.’s fibromyalgia claim based on an equivocal diagnosis without a reasoned medical opinion linking the condition to her work exposure. On review it rescinded that acceptance. The Board held that OWCP explained and supported why the initial acceptance was erroneous: the record…
G.R. and U.S. Postal Service, Post Office, Bronx, NY
G.R. (ECAB 10-0861): Untimely reconsideration denial upheld
G.R. requested reconsideration years after OWCP terminated benefits for a cervical strain. Her new medical report discussed her condition and ability to work in 2009 but did not address whether injury residuals existed when benefits were terminated in 2004. The Board held that the request was…
J.G. and U.S. Postal Service, Post Office, Sacramento, CA
J.G. (ECAB 10-0647): Partial-week disability claim denied
J.G. sought compensation for working four rather than five eight-hour days a week from June 2005 to April 2007. His treating physicians restricted his schedule but did not explain how the accepted work injuries prevented a fifth day of modified work. An OWCP examiner found he could perform the job…
M.S. and U.S. Postal Service, Post Office, Devon, PA
M.S. (ECAB 10-1246): Left ankle impairment award denied
M.S. sought a schedule award years after a left ankle sprain had resolved. Her physician rated six percent leg impairment for calf atrophy, but his measurements showed the affected calf was larger than the other one. The Board found that contradiction unexplained and held that the record did not…
A.K. and U.S. Postal Service, Post Office, Toledo, OH
A.K. (ECAB 10-1111): Merit review denial upheld
A.K. argued that OWCP used the wrong date for her separation from postal employment when denying an earlier recurrence claim. The Board found that the denial had instead rested on insufficient medical evidence linking renewed disability to the accepted injury. Her date argument did not address that…
M.B. and Department of Veterans Affairs, Veterans Administration Medical Center, White River Junction, VT
M.B. (ECAB 10-0963): Nurse’s back injury claim denied
M.B. later attributed back pain to moving a patient at work on February 22, 2009, but a medical note from the next day said she recalled no triggering activity. Her later accounts also differed about what she was doing when the pain began. The Board found the inconsistencies cast serious doubt on…
J.D. and Department of the Navy, Fleet Readiness Center East, Cherry Point, NC
J.D. (ECAB 10-0959): Throat condition claim denied
J.D. attributed a throat condition to workplace coolant exposure. Her medical reports identified throat findings but did not give a reasoned explanation linking them to coolant or another work factor. Material submitted on reconsideration addressed possible exposure rather than medical causation…
R.S. and Department of the Navy, Human Resources Office, Philadelphia, PA
R.S. (ECAB 10-0943): Four percent arm award upheld
R.S. sought a larger schedule award after a left shoulder injury. His physician rated seven percent impairment, but the Board found parts of that calculation inadequately explained under the applicable impairment guide. It accepted OWCP’s medical adviser’s four percent rating for limited motion and…
L.G. and U.S. Postal Service, Post Office, Moreno Valley, CA
L.G. (ECAB 10-0822): Back condition claim remanded
L.G. attributed a low back condition to repeated mail carrier duties. Her physician consistently linked diagnosed conditions to specific work activities, but did not fully explain the medical mechanism. The Board found those reports substantial enough to require OWCP to develop the medical evidence…
L.H. and U.S. Postal Service, Post Office, Newburgh, NY
L.H. (ECAB 10-0781): Wage-earning capacity ruling affirmed
L.H., a postal mail handler, sustained an accepted lumbosacral sprain while lifting a tray of letters in 1999. OWCP determined in 2003 that her earnings in a six-hour modified position reflected her wage-earning capacity. After she sought benefits for total disability beginning in 2008, she asked…
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.