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.L. and U.S. Postal Service, Post Office, Martinez, GA
J.L. (ECAB 10-0917): Carpal tunnel impairment award sent back for a new rating
J.L., a postal letter carrier, had an accepted right carpal tunnel condition and received a schedule award based on five percent impairment of his right arm. The Board found that the medical record did not show clearly whether nerve studies met the impairment guide’s criteria for rating carpal…
M.P., claiming as widow of C.P., and U.S. Postal Service, Post Office, Falmouth, MA
M.P. (ECAB 10-0890): Survivor benefits denied for lack of medical link
M.P. sought survivor benefits after her husband, a postal employee with an accepted work-related heart attack from 1974, died in 2008. The medical record identified cerebral bleeding associated with Coumadin therapy as the cause of death. The Board found that the physicians had not explained how…
D.W. and Department of the Interior, Dry Tortugas National Park, Key West, FL
D.W. (ECAB 10-0813): Hand injury denial reversed; medical expenses sent back for payment
D.W., a National Park Service ranger, cut his left hand after falling on a vessel during work. OWCP accepted that the incident occurred but denied his injury claim for lack of a medical diagnosis. The Board found that an emergency physician documented a puncture wound and swelling, enough to…
E.Z. and U.S. Postal Service, Post Office, Pittsburgh, PA
E.Z. (ECAB 10-0728): Cubital tunnel claim sent back for medical review
E.Z., a postal mail handler, claimed that repetitive tasks in a modified job caused cubital tunnel syndrome in both arms. OWCP accepted the described work tasks but denied the claim for insufficient medical proof of causation. The Board found that his physician gave a consistent diagnosis and…
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Leavenworth, KS
C.S. (ECAB 10-0718): Injury claim denied for insufficient medical causation evidence
C.S., a Department of Veterans Affairs employee, reported back, shoulder and ankle injuries after losing her balance in a workplace hallway. The Board accepted that the July 15, 2009 incident occurred. It found that one physician described a different incident date and did not explain how the…
I.M. and U.S. Postal Service, Post Office, Greensboro, NC
I.M. (ECAB 10-0690): Knee claim denial upheld, reconsideration refusal sent back
I.M., a postal express mail courier, claimed that his work activities aggravated a bilateral knee condition. The Board found that the medical reports available for OWCP’s September 2009 decision did not adequately explain a link between the work and his knees, so it affirmed that denial. I.M. later…
D.V. and U.S. Postal Service, Post Office, Harrisburg, PA
D.V. (ECAB 10-0588): Neck and shoulder claim denied for lack of medical link
D.V., a postal mail handler, claimed that repetitive tasks in a modified job caused or worsened her neck and left shoulder conditions. OWCP accepted the described light-duty tasks but denied the claim for insufficient medical proof connecting them to the conditions. The Board found that her…
M.J. and U.S. Postal Service, Post Office, Berkeley Heights, NJ
M.J. (ECAB 10-0554): $993.07 overpayment and fault finding upheld
M.J., a postal letter carrier receiving wage-loss compensation, briefly returned to work and then used leave in January 2009. OWCP continued paying compensation for the period when he also received wages or leave pay, creating a $993.07 overpayment. The Board found that his compensation check…
J.D. and Department of the Army, Anniston Army Depot, Anniston, AL
J.D. (ECAB 10-0957): Hearing loss claim denied for lack of work causation
J.D., an Army mechanic inspector, claimed that workplace noise caused hearing loss in both ears. An otolaryngologist diagnosed high-frequency hearing loss but found that audiograms from 2001 through 2009 did not show a threshold shift attributable to his federal work. OWCP’s medical adviser agreed…
W.P. and U.S. Postal Service, Post Office, Wilmington, DE
W.P. (ECAB 10-0895): Right knee impairment rating returned for another evaluation
W.P., a postal worker with a right knee injury, had already received a schedule award for five percent right leg impairment. On an earlier remand, OWCP asked a specialist to consider a prior partial meniscectomy when rating his knee. The specialist again rated five percent impairment but did not…
E.J. and Department of Defense, Defense Finance & Accounting Service, Columbus, OH
E.J. (ECAB 10-0743): Home Jacuzzi purchase denied for insufficient medical support
E.J., a Defense Finance and Accounting Service employee with accepted conditions including reflex sympathetic dystrophy, requested a home Jacuzzi to relieve pain. Her physicians described relief from warm water, but the Board found that they did not adequately explain why this particular purchase…
J.Z. and U.S. Postal Service, Post Office, St. Louis, MO
J.Z. (ECAB 10-0657): Cervical fusion authorization denial upheld
J.Z., a postal distribution clerk with an accepted neck strain, sought authorization for cervical fusion surgery she had undergone. Her treating surgeon linked the need for surgery to the work injury, while an OWCP examiner disagreed. The impartial specialist found that the strain had not changed…
A.S. and U.S. Postal Service, Post Office, Cincinnati, OH
A.S. (ECAB 10-0646): Carpal tunnel claim denied for missing work-causation opinion
A.S., a postal custodian, claimed that repetitive duties including sweeping floors caused carpal tunnel syndrome in both wrists. The Board accepted that she performed repetitive work and had a diagnosed bilateral hand condition. Her nerve-conduction study confirmed median nerve impairment but gave…
J.J. and U.S. Postal Service, Post Office, Louisville, KY
J.J. (ECAB 10-0639): $48,432.33 overpayment and fault finding upheld
J.J., a postal rural carrier, received a lump-sum payment for the remaining term of a schedule award and then received 19 additional periodic award payments totaling $48,432.33. The Board found those later payments duplicated compensation already covered by the lump sum. J.J. had signed an…
L.A. and U.S. Postal Service, Post Office, Arlington, VA
L.A. (ECAB 10-0628): Firearms-training injury claim denied for lack of medical proof
L.A., a postal criminal investigator, reported back spasms after firearms training at work. OWCP accepted that the training occurred but found no physician’s reasoned opinion linking a diagnosed back injury to it. The Board held that the physical therapy records and a referral for treatment did not…
L.G. and U.S. Postal Service, Mapleton Station, Indianapolis, IN
L.G. (ECAB 10-0608): Left foot medical recurrence claim denied
L.G., a postal carrier with an accepted left foot fracture and sprain, reported renewed pain and needed walking restrictions after returning to work. She sought coverage for further treatment without claiming lost work time, so the Board assessed the request as a recurrence of a medical condition…
L.S. and Department of Labor, Energy Employees’ Occupational Illness Compensation Program, Denver, CO
L.S. (ECAB 10-0594): Workplace insect bites established and claim returned
L.S., a Department of Labor claims examiner, reported insect bites while working at her desk. Coworker statements and medical observations supported her account, although an exterminator had not identified a biting insect in the office. The Board found that her account, prompt treatment and the…
W.M. and U.S. Postal Service, Post Office, Detroit, MI
W.M. (ECAB 10-0901): Reconsideration denied without review of injury claim
W.M., a Postal Service letter carrier, claimed that workplace stress caused a psychiatric condition. OWCP denied the injury claim because he had not established a specific employment incident on April 10, 2009. He requested reconsideration and submitted a questionnaire response and a physician’s…
R.H. and U.S. Postal Service, Post Office, Concord, CA
R.H. (ECAB 10-0684): Wage reduction reversed because job suitability was unproven
R.H., a former postal letter carrier with accepted knee and arm conditions, received compensation after he stopped working. OWCP reduced his benefits on the theory that he could earn $400 a week as an information clerk. The Board found that the job’s possible reaching demands exceeded a restriction…
J.W. and U.S. Postal Service, Post Office, Philadelphia, PA
J.W. (ECAB 10-0642): Four percent left arm schedule award upheld
J.W., a postal clerk, injured his left shoulder while throwing parcels, and OWCP accepted a labral tear. He received a schedule award for four percent permanent impairment of his left arm, covering 12.48 weeks. His physician rated the impairment at seven percent by adding three percent for pain to…
D.S. and U.S. Postal Service, Post Office, Kansas City, MO
D.S. (ECAB 10-0633): Right knee claim after therapy denied
D.S., a postal letter carrier, underwent surgery and physical therapy for accepted left knee injuries. He reported right knee pain during therapy and claimed that the treatment caused a new condition. A surgeon diagnosed right patellar tendinitis but did not explain how the therapy caused it. Notes…
J.W. and Department of Commerce, Census Bureau, Northridge, CA
J.W. (ECAB 10-0563): Travel duty injury claim returned for findings
J.W., a Census Bureau employee on official travel for training, reported that she was sexually assaulted while walking back to her hotel from a nearby store. She claimed resulting health effects, and OWCP denied compensation. The Board held that OWCP had not made adequate findings about whether she…
M.M. and Department of Defense, Pentagon Force Protection Agency, Chambersburg, PA
M.M. (ECAB 10-0524): Back injury denial affirmed after reconsideration
M.M., a federal police officer, reported back pain after performing leg lifts at work. OWCP accepted that the incident occurred but denied his injury claim, and the Board previously upheld that denial. He sought reconsideration with further treatment records and a neurosurgeon’s opinion linking his…
C.T. and Department of Defense, Stevens Elementary School, Fort Benning, GA
C.T. (ECAB 10-0513): Termination of wage loss benefits upheld
C.T. sustained an accepted back injury while working as a teacher and received wage-loss compensation. OWCP ended those payments after an impartial orthopedic examiner concluded that she could perform her teaching duties. The Board gave that examiner’s reasoned opinion special weight in resolving…
R.M. and U.S. Postal Service, Post Office, Mayagüez, PR
R.M. (ECAB 10-0433): Claimed work factors did not establish injury coverage
R.M., a postal letter carrier, reported symptoms during a workday and attributed his condition to a dispute about leaving for medical care, work demands, possible route changes and a supervisor’s conduct. The Board found no proof that his supervisor had unreasonably denied care or that planned…
D.H. and Department of Commerce, Bureau of the Census, Deerfield Beach, FL
D.H. (ECAB 10-0412): Late reconsideration request denied
D.H., a Census Bureau enumerator, received compensation after a work-related vehicle accident. OWCP terminated her benefits in September 2008, and she later sought reconsideration of that decision. The Board found that her October 2009 request came more than a year after the last merit decision…
United States Department of Veterans Affairs, Veterans Affairs Medical Center, Fayetteville, North Carolina (Agency) and Fayetteville Veterans Administration Medical Center Bargaining Unit Employees, Fayetteville, North Carolina (Petitioner) and American Federation of Government Employees, Local 1738, AFL-CIO (Labor Organization)
Fayetteville VA employees and AFGE Local 1738 (FLRA WA-RP-10-0050): Election petition dismissal stands
Employees at the Fayetteville VA Medical Center asked for an election to replace the AFGE local assigned to represent them with a new local. They did not seek to replace AFGE as their exclusive representative. A regional director dismissed the petition because the requested change concerned the…
United States Department of Veterans Affairs, Veterans Canteen Service, Martinsburg, West Virginia (Respondent) and National Association of Government Employees, Local R4-78 (Charging Party)
VA Veterans Canteen Service and NAGE Local R4-78 (FLRA WA-CA-09-0247): Refusal to arbitrate unlawful
The Veterans Canteen Service removed a supply clerk, and her union took the dispute to arbitration. The agency refused to participate, arguing that the employee's appointment status barred her from grieving the removal. An FLRA judge found that refusal to be an unfair labor practice, and the…
United States Department of Transportation, Federal Aviation Administration, Washington, D.C. (Respondent) and National Air Traffic Controllers Association (Charging Party/Union)
FAA and NATCA (FLRA WA-CA-06-0706): FAA must return grievance to selected arbitrator
The air traffic controllers’ union challenged the FAA’s refusal to upgrade the classification level of its Atlanta facility, which affects controllers’ pay. The parties selected Jerome Ross to arbitrate the grievance, but the FAA later removed him from their national arbitrator panel and refused to…
United States Department of Veterans Affairs, Veterans Affairs Regional Counsel, Winston-Salem, North Carolina (Agency) and American Federation of Government Employees, Local 1738 (Union)
VA Regional Counsel and AFGE Local 1738 (FLRA 0-AR-4660): Training remedy upheld
A newly trained VA rating specialist was rated fully successful after training but later failed to meet the position’s performance standards and was placed on a performance improvement plan. An arbitrator found that the VA had not provided adequate trainee position descriptions and standards, and…
International Federation of Professional and Technical Engineers, Local 77, Professional and Scientists Organization (Union) and United States Department of the Navy, Fleet Readiness Center Southwest (Agency)
IFPTE Local 77 and Navy Fleet Readiness Center (FLRA 0-AR-4613): Holiday shutdown award upheld
The Navy shut down an entire Fleet Readiness Center during the winter holidays and required employees to use annual leave or leave without pay. An arbitrator denied the union’s grievance, finding that the labor agreement allowed a facility shutdown for productivity improvement and that holiday…
United States Department of the Air Force, 355 Fighter Wing, Davis Monthan Air Force Base, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 2924 (Union)
Davis Monthan Air Force Base and AFGE Local 2924 (FLRA 0-AR-4505): Attorney fee denial set aside
An Air Force employee refused to enter an aircraft fuel cell because of safety concerns, and an arbitrator reduced his suspension to a reprimand. The arbitrator later denied the union's request for attorney fees. The Authority set aside that denial because the Air Force had not inspected the cell…
American Federation of Government Employees, Local 2441, Council of Prison Locals (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Morgantown, West Virginia (Agency)
AFGE Local 2441 and FCI Morgantown (FLRA 0-AR-4399): Dress and email grievance denied
The president of a union local at a federal prison challenged the warden’s direction that he stop wearing jeans while on official union time and stop using the agency email system for internal union business. An arbitrator rejected the grievance, finding that the parties’ agreements permitted the…
Federal Deposit Insurance Corporation (Agency) and National Treasury Employees Union, Chapter 273 (Union)
FDIC and NTEU Chapter 273 (FLRA 0-AR-4184): Employee award remedy upheld
An FDIC employee was nominated for a Corporate Success Award, a three percent increase in basic pay for recognized top contributors, but was not selected. An arbitrator found irregularities in the review panel’s handling of his nomination and concluded that it would have remained among the top…
United States Department of Health and Human Services, Office of Medicare Hearings and Appeals (Agency) and National Treasury Employees Union, Chapter 229 (Union)
Medicare Hearings and Appeals and NTEU Chapter 229 (FLRA 0-AR-4137): Two telework days upheld
An attorney at the Office of Medicare Hearings and Appeals requested two days per week working from home under the parties’ flexiplace agreement. The agency approved one day but denied the second, citing its recent creation and case production demands. An arbitrator found that the attorney was…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and NATCA (FLRA 0-AR-4075): Short-notice overtime cancellations violate agreement
The FAA cancelled several air traffic controllers’ scheduled overtime assignments with less than seven days’ notice. An arbitrator found that the agreement allowed such short-notice cancellation only when overtime covered another employee’s absence and that employee returned. She sustained the…
Secretary of Labor v. Musser Engineering, Inc., and PBS Coals, Inc.
PBS mapping violation affirmed and Musser citation vacated
The case followed the Quecreek Mine inundation, in which nine miners were trapped for 77 hours after mine workings broke into a flooded abandoned mine. The Commission unanimously affirmed that PBS Coals violated the mine-mapping standard by failing to maintain an accurate map of adjacent workings…
Deer Park Roofing, Inc.
Fall citation vacated for supervisory misconduct
A Deer Park Roofing foreman worked near the edge of a low-slope canopy roof without fall protection, about 12 feet 8 inches above the lower level. The judge found that the standard applied, the foreman was exposed, and no permitted fall-protection method was in use. Deer Park nevertheless proved…
Fresenius USA Manufacturing, Inc. d/b/a TruBlu Logistics
Medical-availability and cable items vacated
OSHA inspected a Fresenius distribution warehouse after an employee reported an electric shock while disconnecting a forklift battery. The judge vacated the allegation that medical personnel were not readily available, finding that the cited rule did not require contact within a fixed time and that…
International Association of Machinists and Aerospace Workers, NIPSIC Lodge 282 (Union) and United States Department of the Navy, Naval Facilities Engineering Command Northwest (Agency)
Machinists Lodge 282 and Navy Facilities Northwest (FLRA 0-AR-4680): Arbitration challenge denied
A machinists’ union challenged an arbitration award involving the Navy’s Naval Facilities Engineering Command Northwest. The Navy argued that the union’s exceptions lacked required filing details, but the union corrected those defects after an Authority order. The Authority considered the…
C.D. and Department of the Army, Army Corps of Engineers, Vicksburg, MS
C.D. (ECAB 10-0918): Disability compensation termination upheld
C.D., a seasonal Army Corps deckhand, received disability compensation after a work-related left heel fracture. His treating orthopedic surgeon released him to his usual job without restrictions beginning April 28, 2009, although he still reported pain and might need a brace. OWCP ended disability…
M.L. and Department of the Army, Army National Guard, New Egypt, NJ
M.L. (ECAB 10-0893): Tow bar injury claim denied without medical evidence
M.L., an Army National Guard maintenance mechanic, reported groin pain after lifting a tow bar onto a vehicle. A coworker saw him react to the lift, and the Board accepted that the incident occurred. OWCP asked him for a medical report identifying an injury and explaining its connection to the…
E.K. and U.S. Postal Service, Post Office, Decatur, IL
E.K. (ECAB 10-0680): Additional left arm schedule award affirmed
E.K. sought further schedule awards for impairments in both arms after an earlier Board remand. A second opinion physician rated her total impairment at four percent of the left arm and three percent of the right under the sixth edition of the impairment guides. The Board accepted his calculation…
R.G. and Department of Defense, Sharpe Army Depot, Lathrop, CA
R.G. (ECAB 10-0676): Late hearing loss reconsideration denied
R.G., a former Sharpe Army Depot employee, sought compensation for hearing loss and tinnitus he attributed to workplace noise. OWCP had denied the claim on its merits in 1991. His 2009 reconsideration request included two doctors’ reports connecting his conditions to noise exposure. The Board held…
M.B. and Department of the Air Force, Robins Air Force Base, GA
M.B. (ECAB 10-0658): Hearing loss claim returned for review of timely evidence
M.B., an Air Force depot maintenance analyst, claimed hearing loss from workplace noise. OWCP denied the claim while stating that he had submitted no further evidence after its request. The record showed that OWCP received an audiogram, work exposure information and employer statements on the same…
A.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilkes Barre, PA
A.P. (ECAB 10-0584): Leg schedule award claim returned for proper rating
A.P., a VA maintenance mechanic, had accepted aggravations of lumbar disc conditions and sought a schedule award for leg impairment. OWCP denied the award after its second opinion physician used a lumbar spine grid from the sixth edition of the impairment guides to assign a zero rating. The Board…
R.F. and U.S. Postal Service, Pittsburgh Performance Cluster, Pittsburgh, PA
R.F. (ECAB 10-0548): Wage loss claim after modified job offer denied
R.F., a postal letter carrier with an accepted neck pain condition, had worked in modified assignments for several years. She declined a new assignment in June 2009 and claimed wage loss because she believed its duties exceeded her restrictions. The Board found that the new position’s duties and…
L.C. and Department of Homeland Security, Customs and Border Protection, San Diego, CA
L.C. (ECAB 10-0544): Left knee impairment rating returned for correction
L.C., a border patrol agent, received earlier schedule awards after a work-related left knee injury. OWCP later assigned 22 percent total left leg impairment under the sixth edition of the impairment guides. The Board held that using the sixth edition for the August 2009 decision was correct. It…
I.P. and U.S. Postal Service, Post Office, Philadelphia, PA
I.P. (ECAB 10-0541): No further schedule award for knee impairment
I.P. sought a further schedule award for impairment in both knees after an earlier Board remand. A second opinion physician rated each leg at five percent using the sixth edition of the impairment guides. OWCP’s medical adviser adjusted the rating to six percent per leg to account for clinical…
M.P. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
M.P. (ECAB 10-0534): Cervical condition after workplace fall not proved
M.P., an IRS contact representative, slipped on ice while leaving work in March 2007. OWCP accepted a lumbar strain and injuries to his sacrum and coccyx but declined to accept a cervical condition. The Board found that medical reports made near the fall did not record a neck injury or complaint. A…
C.W. and U.S. Postal Service, Post Office, Columbus, OH
C.W. (ECAB 10-0450): No permanent leg impairment from accepted back condition
C.W., a postal city carrier, had an accepted temporary aggravation of a preexisting lumbar disc condition after years of delivering mail. He sought a schedule award for leg impairment and asked OWCP to accept a herniated L5 disc. The Board credited an examining physician who found that the…
International Federation of Professional and Technical Engineers, Local 4 (Union) and United States Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire (Agency)
IFPTE Local 4 and Portsmouth Naval Shipyard (FLRA 0-AR-4652): EEO office grievance barred
A union at Portsmouth Naval Shipyard challenged the placement of the agency’s Equal Employment Opportunity program within its Human Resources Office. An arbitrator dismissed the grievance, reading the parties’ agreement to exclude challenges to management’s right to determine the agency’s…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union, Chapter 164 (Union)
CBP and NTEU Chapter 164 (FLRA 0-AR-4607): Firearm pay remedy set aside
Customs and Border Protection suspended an officer for five days over his past association with a person other officers had discussed as a possible drug smuggling suspect. An arbitrator found that the charge was not proved and that the agency had violated its agreement, and awarded pay lost from…
Secretary of Labor v. Three Way Portable Crushing, Inc.
High-wall citation affirmed with negligence reduced
Three Way Portable Crushing was a small crushed-stone operator working below a roughly 200-foot quarry wall. MSHA cited loose rock, dead trees, and other unconsolidated material on the wall while a loader worked near an incomplete berm. Judge David F. Barbour affirmed the violation and its S&S…
M.C. and Department of Homeland Security, Immigration & Naturalization Service, Phoenix, AZ
M.C. (ECAB 10-0814): Shoulder surgery after later injury not authorized
M.C. had an accepted right shoulder injury from a 1996 workplace fall. In 2009, she tore her right rotator cuff while reaching for a bag at a grocery store, and her physician recommended surgery. The Board found that the later incident caused the need for surgery and was an independent intervening…
I.C. and Department of the Navy, Navy Personnel Command, Millington, TN
I.C. (ECAB 10-0796): Schedule award denied without permanent impairment evidence
I.C., a Navy human resources assistant, had accepted right shoulder and knee injuries after a workplace fall. She sought a schedule award, but her treating surgeon gave no impairment rating and a consulting surgeon found no significant permanent impairment. The Board held that her pain and modified…
L.R. and Department of Agriculture, Confederate Tribes of the Grand Ronde, Grand Ronde, OR
L.R. (ECAB 10-0744): Later disability not linked to accepted firefighter injury
L.R., a firefighter, had an accepted concussion and left shoulder contusion after a burning snag struck him in 2000. He claimed total disability beginning in December 2008, when he also reported a new fall on ice. The Board explained that an intervening injury does not itself establish a…
B.U. and Department of Defense, Fallon Commissary, Fallon, NV
B.U. (ECAB 10-0721): Late reconsideration request lacked clear error
B.U., a commissary worker, sought reconsideration of an earlier denial of her neck and arm condition claim. She filed her request more than a year after OWCP’s latest decision on the claim’s merits. The Board found that her new physician report described her condition but did not address the…
M.N. and U.S. Postal Service, Post Office, Kansas City, MO
M.N. (ECAB 10-0704): Reconsideration refusal upheld without new impairment evidence
M.N., a postal worker, had accepted left wrist and ankle fractures and received schedule awards for six percent left arm and seven percent left leg impairment. She sought a higher rating and later asked OWCP to reconsider its refusal to increase the awards. The Board found that her latest…
H.S. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
H.S. (ECAB 10-0482): Overpayment upheld with corrected higher amount
H.S., a Navy electrician leader, received an eight percent hearing loss schedule award that should have ended in March 2006. A computer error kept payments going through June 2008. The Board found that OWCP had understated the overpayment by $1,000 because it used an incorrect total for the…
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.