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

R.B. and Social Security Administration, Center for Human Resources, NEPSC, Jamaica, NY

R.B. (ECAB 10-713): Refusal to reopen benefits termination affirmed

R.B., a Social Security Administration employee, sought reconsideration of OWCP’s termination of benefits for an accepted neck sprain. The Board found that another report from her existing physician, Dr. Manouel, repeated earlier conclusions. An EMG report did not address whether the accepted…

November 22, 2010 ·ECAB
Affirmed
COMM

E.B. and Department of Justice, Federal Bureau of Prisons, Morgantown, WV

E.B. (ECAB 10-673): Late occupational disease claim denial affirmed

E.B., a former Bureau of Prisons employee, filed a 2008 occupational disease claim for a psychiatric condition he attributed to his federal employment in the 1970s. He reported learning of a possible work connection in 2004. The Board held that whether he learned of it in February or July 2004, he…

November 22, 2010 ·ECAB
Affirmed
COMM

S.S. and U.S. Postal Service, Post Office, Carol Stream, IL

S.S. (ECAB 10-597): Arm impairment awards returned for further review

S.S., a postal mail handler, received schedule awards for four percent right arm impairment and one percent left arm impairment after accepted carpal and cubital tunnel conditions. Her treating surgeon proposed higher ratings without explaining how they followed the applicable impairment guide. An…

November 22, 2010 ·ECAB
Remanded
COMM

K.S. and Department of Veterans Affairs, Hunter/Holmes/McGuire Veterans Administration Medical Center, Richmond, VA

K.S. (ECAB 10-505): Emotional condition claim denial affirmed

K.S., a Veterans Affairs nursing assistant, reported a sexual assault by a coworker and said the employer failed to protect her afterward. The Board found that the record did not sufficiently establish the alleged incident or earlier harassment as compensable work factors. It noted conflicting…

November 22, 2010 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, Post Office, Stratford, CT

M.M. (ECAB 10-454): New emotional condition claim denial affirmed

M.M., a postal letter carrier, attributed a new emotional condition claim to work assignments, alleged violations of medical restrictions, and supervisory conduct. The Board found that the record did not show her additional route work would exceed the eight-hour restriction, or that managers…

November 22, 2010 ·ECAB
Affirmed
COMM

Jesco, Inc.

Aerial-lift modification item narrowed to the clamped beam

Jesco used an aerial lift to move 31-foot, 325-pound ceiling beams at an industrial facility. It secured the first beam to the basket's guardrails with vise clamps, then moved ten later beams by resting them on the guardrails without clamps. The Commission held that the field-modification standard…

November 22, 2010 ·OSHRC
Mixed result
COMM

R.W. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA

R.W. (ECAB 10-112): Left arm award affirmed with rating corrected

R.W. had received schedule awards totaling 37 percent impairment of his left arm for accepted shoulder and carpal tunnel conditions. He argued that separate 20 percent ratings should be added to produce a 40 percent award. The Board held that ratings for different parts of the same arm must instead…

November 22, 2010 ·ECAB
Modified
ALJ

Secretary of Labor v. Granite Rock Company

Platform gap and settlement total $125

A crusher operator worked on an elevated platform with an 18-inch gap in its perimeter railing at Granite Rock's quarry. Judge Avram Weisberger held that the handrail was inadequate because the standard protects against falls and does not require the Secretary to prove that an injury was reasonably…

November 19, 2010 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. Dix River Stone, Inc.

Three violations bring $1,900

Dix River Stone contested five citations at its Kentucky surface quarry. Judge Avram Weisberger affirmed an S&S fall-protection violation because an employee worked about ten feet above the ground without a belt or line, and he assessed $1,000. He affirmed a non-S&S skid-steer violation because the…

November 19, 2010 ·Avram Weisberger ·FMSHRC
Mixed result
COMM

D.E. and Department of Homeland Security, Transportation & Safety Administration, Bentonville, AR

D.E. (ECAB 10-1221): Abandoned hearing finding affirmed

D.E., a transportation security officer, sought a telephone hearing after OWCP denied her work injury claim. OWCP scheduled the hearing and provided instructions for joining by telephone. She did not request a postponement, call for the hearing, or explain her absence within 10 days. The Board held…

November 19, 2010 ·ECAB
Affirmed
COMM

G.M. and U.S. Postal Service, Atlanta Logistics Distribution Center, Atlanta, GA

G.M. (ECAB 10-795): Exposure claim denied, emergency care issue remanded

G.M., a postal clerk, reported symptoms after working two shifts near heaters in an enclosed dock area. OWCP accepted the exposure but denied the claim. The Board found that the treating physicians described possible fume exposure and symptoms without a firm diagnosis or a reasoned opinion…

November 19, 2010 ·ECAB
Remanded
COMM

B.K. and U.S. Postal Service, Post Office, San Jose, CA

B.K. (ECAB 10-768): Late reconsideration request denied

B.K. sought reconsideration of a compensation termination that the Board had affirmed in 1988. OWCP received her new request in October 2009, well beyond the one-year filing period. She argued that earlier appeals had been lost and that a physician’s report was ignored, but the Board found no proof…

November 19, 2010 ·ECAB
Affirmed
COMM

R.S. and U.S. Postal Service, Post Office, Monroe, LA

R.S. (ECAB 10-613): Heart condition recurrence claim denied

R.S., a postal carrier, claimed that he became unable to work again in November 2008 after an accepted 2004 heart attack. He was then in a modified job that had not been withdrawn or changed. His physicians described coronary artery disease, hypertension, chest symptoms, and work stress, but the…

November 19, 2010 ·ECAB
Affirmed
COMM

D.P. and U.S. Postal Service, Post Office, Cleveland, OH

D.P. (ECAB 10-552): Compensation and medical benefit termination affirmed

D.P., a postal mail handler, received benefits for an accepted lumbar sprain and left lumbar radiculopathy after an accident while unloading a trailer. His treating physician continued to find work-related disability, while an OWCP referral physician found the accepted conditions had resolved. The…

November 19, 2010 ·ECAB
Affirmed
COMM

W.W. and U.S. Postal Service, Post Office, Palatine, IL

W.W. (ECAB 10-511): Injury denial affirmed with incident finding changed

W.W., a postal mail processor, claimed she hurt her arm, neck, and shoulder while handling mail on September 16, 2008. OWCP accepted that the work incident occurred but denied the claim for lack of medical causation. The Board found that treatment notes identified September 14 as the onset or…

November 19, 2010 ·ECAB
Modified
COMM

P.S. and Department of the Army, Installation Management Agency, Fort Dix, NJ

P.S. (ECAB 10-443): Suitable-work termination and schedule-award denial affirmed

P.S., an Army fuel distribution worker, injured his right knee at work in 2005. The Army offered him a sedentary supply clerk job that matched the restrictions set by an impartial orthopedic surgeon. P.S. took the job but stopped working and retired days later. The Board found the medical evidence…

November 19, 2010 ·ECAB
Affirmed
COMM

M.P. and Federal Judiciary, Administrative Office of the U.S. Courts, Washington, DC

M.P. (ECAB 10-437): Schedule award denial affirmed

M.P. sought a schedule award for permanent left leg impairment after an accepted 1997 workplace lumbar sprain. His physician rated the impairment at 15 percent but did not explain how that accepted sprain caused the leg condition. The physician also did not address later nonwork motor vehicle…

November 19, 2010 ·ECAB
Affirmed
COMM

R.A. and U.S. Postal Service, Philadelphia Processing & Distribution Center, Philadelphia, PA

R.A. (ECAB 10-57): Arm impairment claim remanded for a new impartial examination

R.A., a postal mail processor with accepted carpal tunnel syndrome in both hands, sought schedule awards greater than the five percent already awarded for each arm. Her physician and an OWCP medical adviser disagreed about the degree of impairment, so OWCP obtained an impartial examination. The…

November 19, 2010 ·ECAB
Remanded
ALJ

Secretary of Labor v. Oil-Dri Production Company

Guarding and access rulings bring $8,553

Oil-Dri contested citations at its Mississippi clay mine and mill involving access, machine guards, electrical safety, alarms, and contractor training. Judge Richard W. Manning vacated a railing citation because the cited area was not regularly used or designated as a travelway. He affirmed seven…

November 18, 2010 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

Russell City Energy Center, LLC

In re Russell City Energy Center, LLC (EAB PSD Appeal Nos. 10-01 through 10-05): permit review denied

Russell City Energy Center, LLC sought to build a new 600-megawatt natural-gas-fired combined-cycle power plant in Hayward, California, under a prevention of significant deterioration permit issued by the Bay Area Air Quality Management District under delegated EPA authority. Five petitioners…

November 18, 2010 ·EPA EAB
Procedural
COMM

Teck Alaska, Incorporated

In re Teck Alaska, Incorporated (EAB NPDES Appeal No. 10-04): Red Dog Mine review denied

The Environmental Appeals Board reviewed a petition challenging monitoring conditions in the NPDES permit for Teck Alaska's Red Dog Mine, a lead and zinc mine in Alaska. The petitioners argued that EPA Region 10 abused its discretion by reducing or omitting some monitoring, relying on state…

November 18, 2010 ·EPA EAB
Procedural
COMM

A.S. and Department of the Navy, Fleet Readiness, Fallon, NV

A.S. (ECAB 10-1179): Consequential osteoporosis claim denied

A.S., a Navy supply technician, had an accepted back injury followed by surgery and an infection that required another operation. She claimed that osteoporosis developed as a consequence of the injury and surgeries. One physician linked the infection to the first surgery but did not address…

November 18, 2010 ·ECAB
Affirmed
COMM

S.H. and U.S. Postal Service, Post Office, St. Paul, KS

S.H. (ECAB 10-922): Disability claim for four days denied

S.H., a postal officer in charge, had an accepted right shoulder injury from lifting a mail tub. She sought compensation for four days off work after experiencing shoulder pain in May 2009. An emergency department form excused her from work, but she said a physician assistant had treated her, and…

November 18, 2010 ·ECAB
Affirmed
COMM

R.F. and U.S. Postal Service, Post Office, Macon, GA

R.F. (ECAB 10-908): Knee impairment rating remanded for clarification

R.F., a postal letter carrier, sought a schedule award for a work-related left knee injury. His physician rated leg impairment at 29 percent by combining several knee diagnoses. OWCP instead awarded two percent based on a second examiner’s rating for partial medial meniscectomy. The Board agreed…

November 18, 2010 ·ECAB
Remanded
COMM

D.S. and Department of the Army, Financing & Accounting Service, Indianapolis, IN

D.S. (ECAB 10-851): Compensation and medical benefit termination reversed

D.S., an Army guard, received compensation for an accepted 1989 back injury involving a lumbar sprain and displaced disc. OWCP ended his compensation and medical authorization effective December 21, 2008, relying on a second opinion that the accepted conditions had resolved. The Board found that…

November 18, 2010 ·ECAB
Vacated
COMM

H.L. and U.S. Army Corps of Engineers, McNary Dam, Umitilla, OR

H.L. (ECAB 10-797): Untimely reconsideration request denied

H.L., an Army Corps plant mechanic, claimed that years of work caused a right wrist condition. OWCP denied the claim in October 2007, and he sought reconsideration in April 2009. The Board held that his request came more than a year after the merit decision. It found that his arguments about the…

November 18, 2010 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Des Moines, IA

D.B. (ECAB 10-583): Surgery and disability claims denied

D.B., a postal clerk, had several accepted spinal conditions from work in 1999 and later worked in a limited-duty job. She sought coverage for lumbar surgery in December 2008 and compensation for two periods of total disability that year. The Board found that her surgeon did not explain how the…

November 18, 2010 ·ECAB
Affirmed
COMM

L.M. and U.S. Postal Service, Processing & Distribution Center, Southeastern, PA

L.M. (ECAB 10-464): Intermittent wage loss and recurrence claims denied

L.M., a postal mail processing clerk, had accepted right elbow ulnar neuropathy and worked in a limited-duty job. She claimed intermittent wage loss from September 2007 through April 2008 and a recurrence of total disability beginning April 30, 2008. The Board found that her physician did not…

November 18, 2010 ·ECAB
Affirmed
COMM

G.H. and Department of the Navy, Barrow Hall, Parris Island, NC

G.H. (ECAB 10-430): Compensation termination affirmed

G.H., a Navy secretary, had an accepted lumbar sprain and right knee sprain after falling from a chair at work. OWCP ended her compensation after a referral physician concluded that those accepted conditions had resolved and that current symptoms came from other conditions. The Board found his…

November 18, 2010 ·ECAB
Affirmed
COMM

W.P. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV

W.P. (ECAB 10-240): Recurrence claim denied after later shoulder injury

W.P., a transportation security screener, had accepted neck, back, and right shoulder strains from a 2005 work injury. She returned to full duty, left the agency, and later sought compensation for disability beginning January 2007. The Board found that her treating opinions did not adequately…

November 18, 2010 ·ECAB
Affirmed
COMM

Sharon and Walter Construction Inc.

Willful fall and repeat training violations affirmed

Two workers installed a metal roof without fall protection, and one was injured in a fall. The Commission held that both workers were employees of Sharon and Walter Construction, despite the company's attempt to treat one as an independent contractor. It affirmed the fall-protection violation as…

November 18, 2010 ·OSHRC
Citations affirmed
ALJ

Secretary of Labor v. Knight Hawk Coal, LLC

Nine settlements reduce penalties to $10,710

Knight Hawk Coal settled nine citations from inspections at its Prairie Eagle and Royal Falcon mines. The parties agreed to penalty reductions on several citations and changed two citations in the LAKE 2009-523 docket to non-S&S. Judge Margaret A. Miller found the settlement consistent with the…

November 17, 2010 ·Margaret A. Miller ·FMSHRC
Settled
COMM

Matter of Dency Epen SORAM

Child endangerment can qualify as child abuse

The Board reviewed a Micronesian respondent's appeal from a removal order based on a Colorado child-abuse conviction. The Board held that an offense involving knowingly or recklessly permitting a child to be placed in a situation posing a threat of injury can categorically qualify as a crime of…

November 17, 2010 ·BIA
Affirmed
COMM

S.B. and Department of Commerce, U.S. Census Bureau, Dallas, TX

S.B. (ECAB 10-923): Occupational disease claim denied for lack of medical causation

S.B., a Census Bureau field representative, claimed that raised-keyboard typing and prolonged sitting during training aggravated shoulder, arm, knee, and low back conditions. OWCP accepted that she performed those activities but denied that the medical evidence linked them to the claimed…

November 17, 2010 ·ECAB
Affirmed
COMM

C.L. and U.S. Postal Service, Post Office, Wilson, NC

C.L. (ECAB 10-904): Eye impairment claim remanded for visual field assessment

C.L., a postal maintenance mechanic, injured his right eye when a metal fragment struck it at work. He sought a schedule award for permanent eye impairment. OWCP calculated no compensable loss of visual acuity and denied the award. The Board found that the examining physician had also identified a…

November 17, 2010 ·ECAB
Remanded
COMM

J.V. and U.S. Postal Service, Post Office, San Diego, CA

J.V. (ECAB 10-886): Wage-earning capacity reduction reversed

J.V., a postal mail handler with accepted shoulder injuries, received compensation after a limited-duty job ended. OWCP reduced his benefits by treating pharmacy technician as a medically suitable job he could perform. The Board found that OWCP had not established that the position fit his…

November 17, 2010 ·ECAB
Vacated
COMM

A.S. and U.S. Postal Service, Post Office, Isabela, PR

A.S. (ECAB 10-757): Shoulder condition claim denied for lack of medical causation

A.S., a postal letter carrier, claimed that opening a defective vehicle door and other work duties caused his right shoulder condition. OWCP accepted that he performed those duties, and medical records showed shoulder diagnoses and surgery. The Board found that the imaging and treatment reports did…

November 17, 2010 ·ECAB
Affirmed
COMM

K.M. and Department of the Army, Rocky Mountain Arsenal, Commerce City, CO

K.M. (ECAB 10-750): Hearing loss claim barred by filing deadline

K.M., a former Army maintenance scheduler, claimed in 2009 that workplace noise had caused hearing loss. He had last worked in November 1985 and reported that he knew of his hearing loss by 1980. The Board held that the three-year filing period expired no later than November 1988. The record also…

November 17, 2010 ·ECAB
Affirmed
COMM

W.S. and U.S. Postal Service, Post Office, Plainfield, CT

W.S. (ECAB 10-677): Left arm schedule award denied

W.S., a postal letter carrier, had an accepted cervical disc condition and sought a schedule award for permanent left arm impairment. His physician rated impairment at 32 percent, but an OWCP examiner reviewed diagnostic tests and found no ratable impairment related to the accepted condition. The…

November 17, 2010 ·ECAB
Affirmed
COMM

M.K. and Department of Homeland Security, Customs & Border Control, Tucson, AZ

M.K. (ECAB 10-478): Right foot schedule award denied

M.K., a border patrol agent, had an accepted right plantar nerve lesion and surgery to remove a neuroma. He sought a schedule award, citing continuing foot pain and numbness. His treating surgeon reported a good recovery, and both an examining physician and OWCP medical adviser rated permanent…

November 17, 2010 ·ECAB
Affirmed
COMM

C.R. and Department of Health & Human Services, Social Security Administration, Philadelphia, PA

C.R. (ECAB 10-357): Two percent arm impairment award affirmed

C.R., a Social Security Administration assistant, injured her right thumb in a workplace fall and received a schedule award for two percent right arm impairment. Her examining physician had rated the impairment at 23 percent using pinch strength and an added pain rating. The Board found that the…

November 17, 2010 ·ECAB
Affirmed
COMM

Parker-Northwest Paving Company

One reopening time-barred, one inadequately explained

Parker-Northwest asked to reopen two final penalty assessments and generally admitted negligent handling without giving specific facts. The Commission denied reopening of Assessment No. 000177107 with prejudice because the company waited more than one year after it became final, exceeding Rule…

November 16, 2010 ·FMSHRC
Procedural
COMM

Culp & Son, LP

Unopposed assessment is reopened

Culp & Son asked the Commission to reopen a proposed penalty assessment that had become a final order when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that Rule 60(b) principles permit relief from a final order for mistake, inadvertence…

November 16, 2010 ·FMSHRC
Procedural
COMM

P.H. and U.S. Postal Service, Post Office, Knoxville, TN

P.H. (ECAB 10-1236): Reconsideration refused without new evidence

P.H., a postal distribution clerk, claimed that work caused a left shoulder condition. OWCP denied the injury claim in January 2009, and he later requested reconsideration. The Board found that his request repeated facts already considered and supplied no new relevant medical evidence or legal…

November 16, 2010 ·ECAB
Affirmed
COMM

O.S. and Federal Bureau of Investigation, Field Office, El Paso, TX

O.S. (ECAB 10-1089): Injury denial affirmed with work activity finding changed

O.S., an FBI language analyst, claimed that prolonged typing caused hand and arm symptoms. OWCP denied the claim after finding both the workplace activity and medical evidence insufficient. The Board found that her account and her employer’s response established repetitive typing at work, so it…

November 16, 2010 ·ECAB
Modified
COMM

T.T. and U.S. Postal Service, Processing & Delivering Center, Los Angeles, CA

T.T. (ECAB 10-887): Finger injury claim denied for lack of medical explanation

T.T., a postal sales associate, claimed that handling packages through a swing door during a busy mail season injured her left middle finger. OWCP accepted her account of the work duties but denied the claim for lack of medical causation. The Board found that her physicians described finger…

November 16, 2010 ·ECAB
Affirmed
COMM

D.S. and U.S. Postal Service, Manasota Processing & Distribution Center, Manasota, FL

D.S. (ECAB 10-798): Untimely reconsideration request denied

D.S., a postal mail handler, sought to reopen a 2004 decision ending compensation after he did not accept a limited-duty position. His July 2009 reconsideration request came more than a year after the last merits decision. He argued that OWCP had overlooked an earlier response from him, but the…

November 16, 2010 ·ECAB
Affirmed
COMM

R.E. and U.S. Postal Service, Post Office, Austin, TX

R.E. (ECAB 10-679): Back condition claim denied for lack of medical causation

R.E., a rural postal carrier, claimed that repeated twisting and contorting while delivering mail caused a back condition. OWCP accepted that his duties involved those motions but denied the claim. Medical records diagnosed a herniated lumbar disc and described his account of a later incident while…

November 16, 2010 ·ECAB
Affirmed
COMM

E.R. and U.S. Postal Service, Post Office, Truckee, CA

E.R. (ECAB 10-586): Shoulder impairment claim remanded for a better rating explanation

E.R., a postal rural carrier, previously received a schedule award for 28 percent right arm impairment after accepted shoulder injuries and surgeries. She sought an increased award. The Board found that OWCP’s medical adviser had not adequately explained a change in the severity grade used for her…

November 16, 2010 ·ECAB
Remanded
COMM

Y.L. and Department of the Treasury, Internal Revenue Service, Richmond, VA

Y.L. (ECAB 10-557): Reconsideration of emotional condition claim refused

Y.L., an IRS revenue officer, sought reconsideration after OWCP denied her emotional condition claim for lack of a compensable work factor. She submitted treatment reports and work excuse slips addressing her symptoms. The Board found that those records did not address whether management had erred…

November 16, 2010 ·ECAB
Affirmed
COMM

A.R. and U.S. Postal Service, Post Office, Decatur, IL

A.R. (ECAB 10-515): Leg impairment award remanded over incomplete claim history

A.R., a postal clerk, received a right knee replacement after an accepted aggravation of knee osteoarthritis. OWCP rated total right leg impairment at 25 percent and awarded an additional 19 percent after subtracting a prior six percent award from another claim. The Board found that the medical…

November 16, 2010 ·ECAB
Remanded
COMM

J.B. and U.S. Postal Service, Post Office, New Orleans, LA

J.B. (ECAB 10-1653): Untimely reconsideration of emotional condition claim denied

J.B., a postal distribution clerk, sought to reopen an emotional condition claim that the Board had denied in 2001. His 2010 reconsideration request came more than a year after that merits decision. He again argued that postal management mishandled a workplace incident involving liquid from a…

November 15, 2010 ·ECAB
Affirmed
COMM

D.T. and U.S. Postal Service, Post Office, Merrifield, VA

D.T. (ECAB 10-1118): Left knee injury claim denied for lack of medical proof

D.T., a postal electronic technician, reported left knee pain after kneeling to repair a machine. OWCP accepted that the work incident occurred but denied the claim for insufficient medical proof of an injury caused by it. The Board found that the hospital discharge record mentioned a knee sprain…

November 15, 2010 ·ECAB
Affirmed
COMM

C.H. and U.S. Postal Service, Post Office, Vega Baja, PR

C.H. (ECAB 10-969): Unsupported reconsideration request denied

C.H., a postal letter carrier, had an earlier claim for a finger injury denied for lack of medical proof linking it to an accepted work incident. He timely requested OWCP reconsideration of that denial but submitted no supporting evidence or argument. The Board held that a reconsideration request…

November 15, 2010 ·ECAB
Affirmed
COMM

R.H. and Department of Labor, Occupational Safety & Health Administration, Birmingham, AL

R.H. (ECAB 10-958): Refusal to reopen carpal tunnel award claim affirmed

R.H., a Labor Department safety specialist, had an accepted bilateral carpal tunnel claim and sought a schedule award for permanent hand impairment. After OWCP denied the award, he requested reconsideration with reports it had already considered, a new prescription for wrist splints, and an…

November 15, 2010 ·ECAB
Affirmed
COMM

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

L.C. (ECAB 10-954): Suitable-work termination claim not reopened

L.C., a postal mail handler with accepted shoulder sprains, lost wage compensation after OWCP found that he refused suitable modified work. He sought reconsideration, challenging the medical conflict, the offered position, and OWCP’s handling of other claimed conditions and dual employment. The…

November 15, 2010 ·ECAB
Affirmed
COMM

M.C. and Department of the Navy, Naval Air Systems Command, San Diego, CA

M.C. (ECAB 10-889): Hearing loss claim denied despite accepted workplace noise

M.C., a Navy quality assurance inspector and former aircraft mechanic, claimed that years of workplace noise caused his hearing loss. OWCP accepted his noise exposure but denied the claim for lack of a medical link. The Board credited a second-opinion physician who explained that M.C.’s stable…

November 15, 2010 ·ECAB
Affirmed
COMM

J.M. and Department of the Navy, Naval Supply Systems Command, Gulfport, MS

J.M. (ECAB 10-823): Right arm schedule award denied for lack of permanent impairment

J.M. injured his right elbow and forearm while unloading pallets for the Navy, and OWCP accepted the sprains and lateral epicondylitis. After surgery, he sought a schedule award for permanent arm impairment. His attending surgeon reported full elbow motion, some pain, and a zero percent permanent…

November 15, 2010 ·ECAB
Affirmed
COMM

T.B. and U.S. Postal Service, Post Office, Chicago, IL

T.B. (ECAB 10-767): Ganglion cyst claim not reopened after reconsideration request

T.B., a postal mail clerk, attributed cysts in both wrists to manipulation of her hands during an examination for a separate claim. OWCP denied the cyst claim and later refused to reopen it on reconsideration. T.B.’s request described how the examination was performed and included photographs, but…

November 15, 2010 ·ECAB
Affirmed
COMM

American Federation of Government Employees, National Council of EEOC Locals No. 216 (Union) and Equal Employment Opportunity Commission (Agency)

AFGE Council of EEOC Locals and EEOC (FLRA 0-AR-4581): Overtime damages calculation upheld

An arbitrator found that the EEOC owed employees overtime pay and liquidated damages after it improperly gave compensatory time instead of overtime compensation. He clarified that damages should be calculated after deducting the value of compensatory time the employees had actually used. The union…

November 15, 2010 ·FLRA
Upheld

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.