Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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COMM

M.G. and U.S. Postal Service, Post Office, Augusta, GA

M.G. (ECAB 10-0071): Medical reports missed accepted work stressors

M.G., a postal letter carrier, attributed psychiatric symptoms to heavier work demands, discipline and alleged harassment. The Board found that increased workload and technological changes were compensable work factors. Grievance records also established employer error in a suspension and in…

October 18, 2010 ·ECAB
Affirmed
ALJ

Secretary of Labor o/b/o Jose A. Chaparro v. Comunidad Agricola Bianchi, Inc.

Dismissal and deposition motions denied

The Secretary brought a discrimination case on behalf of Jose A. Chaparro against Comunidad Agricola Bianchi and three individual respondents. The respondents sought dismissal, arguing that the individuals were not operators or persons under the Mine Act and that an amended complaint was untimely…

October 15, 2010 ·David F. Barbour ·FMSHRC
Procedural
COMM

Matter of Chrysanth George GRUENANGERL

Public-official bribery is not commercial bribery

The Board reviewed an Austrian lawful permanent resident's appeal from a removal order based on a conviction for bribery of a public official. It held that bribery of a public official to influence official action is not an offense relating to commercial bribery under the aggravated-felony…

October 15, 2010 ·BIA
Remanded
COMM

T.Y. and Department of the Navy, Naval Support Activity, Norfolk, VA

T.Y. (ECAB 10-1857): Existing arm award upheld, new examination sent back

T.Y., a Navy air conditioning mechanic, received a schedule award for 12 percent permanent impairment of his right arm after an accepted shoulder injury. The Board found that OWCP’s medical adviser had properly calculated that rating from shoulder motion measurements under the applicable impairment…

October 15, 2010 ·ECAB
Mixed result
COMM

B.Y. and U.S. Postal Service, Post Office, Port Chester, NY

B.Y. (ECAB 10-0771): Full-time return created $4,037.85 overpayment

B.Y., a postal mail baggage screener with an accepted shoulder injury, returned to full-time work in January 2009 while still receiving wage-loss compensation. OWCP calculated that he had been paid $4,037.85 for work periods through mid-March. The Board upheld that amount. It also found B.Y. at…

October 15, 2010 ·ECAB
Affirmed
COMM

H.S. and U.S. Postal Service, Post Office, Lafayette, LA

H.S. (ECAB 10-0614): Knee impairment award remanded for a medical referee

H.S., a postal letter carrier with an accepted right knee injury, received a schedule award based on nine percent impairment of her right leg. Her physician assessed 16 percent, including impairment from laxity of the anterior cruciate ligament. OWCP's referral physician found no such laxity and…

October 15, 2010 ·ECAB
Remanded
COMM

T.B. and Department of the Treasury, Internal Revenue Service, Cleveland, OH

T.B. (ECAB 10-0493): Compensation termination reversed for unclear grounds

T.B., an Internal Revenue Service secretary, received compensation for accepted neck and lumbar conditions after a 1992 workplace injury. OWCP ended her benefits based on a referral physician's view that those conditions were no longer active or disabling. The Board found that the physician's…

October 15, 2010 ·ECAB
Vacated
COMM

T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA

T.M. (ECAB 10-0440): Late reconsideration request did not show clear error

T.M., a Marine Corps logistics base mechanic, alleged that workplace chemical exposure caused a cardiac condition. OWCP had denied the claim, and his January 2009 reconsideration request came more than one year after its last merits decision. He submitted OSHA findings about unsafe chemical…

October 15, 2010 ·ECAB
Affirmed
COMM

B.S. and U.S. Postal Service, Post Office, Mobile, AL

B.S. (ECAB 10-0384): Termination upheld after impartial examination

B.S., a postal flat sorter operator, received benefits for shoulder and back strains and aggravated arthritis after a 2003 mail-handling injury. OWCP ended her wage-loss and medical benefits after an impartial orthopedic specialist found that the work-related strains and aggravation had resolved…

October 15, 2010 ·ECAB
Affirmed
COMM

M.M. and Department of the Navy, Naval Sea Systems Command, Philadelphia, PA

M.M. (ECAB 10-0788): Ten percent left leg award upheld

M.M., a Navy mechanical engineering technician, injured his left knee while installing an antenna system and later had meniscus surgery. OWCP awarded a schedule payment for 10 percent leg impairment. His physician rated 19 percent by adding amounts for ligament laxity and pain, but an OWCP medical…

October 14, 2010 ·ECAB
Affirmed
COMM

A.C. and U.S. Postal Service, Bulk Mail Center, Cincinnati, OH

A.C. (ECAB 10-0668): Shoulder benefits restored; neck termination upheld

A.C., a postal mail clerk, received benefits after a mail hamper struck his left arm and shoulder. OWCP terminated benefits for accepted shoulder and neck strains after an impartial medical examination. The Board found the examiner's normal neck findings supported termination for the cervical…

October 14, 2010 ·ECAB
Mixed result
COMM

J.S. and U.S. Postal Service, Post Office, Plain City, OH

J.S. (ECAB 10-0665): Low back claim denied for insufficient medical explanation

J.S., a postal letter carrier, claimed that lifting and carrying mail caused or worsened a lumbar disc condition. OWCP denied his claim for lack of medical evidence linking the condition to his work. On reconsideration, a surgeon reported a disc protrusion and said the work may have made it…

October 14, 2010 ·ECAB
Affirmed
COMM

B.W. and Department of the Treasury, Internal Revenue Service, Long Beach, CA

B.W. (ECAB 10-0664): Occupational disease did not qualify for continued pay

B.W., an IRS revenue officer, became ill at work and initially filed a traumatic injury claim. OWCP later accepted temporary aggravation of psychiatric conditions and migraines linked to accumulated workplace stress, and classified the claim as an occupational disease. B.W. sought continuation of…

October 14, 2010 ·ECAB
Affirmed
COMM

K.H. and U.S. Postal Service, Post Office, Deer Park, WA

K.H. (ECAB 10-0627): New medical opinion required claim reconsideration

K.H., a postal window clerk, claimed a right shoulder injury from lifting a mail tub. OWCP accepted that the incident occurred but denied the claim for lack of a medical explanation linking it to her shoulder condition. On reconsideration, her physician supplied a new opinion connecting the work…

October 14, 2010 ·ECAB
Remanded
COMM

W.H. and U.S. Postal Service, Postal Inspection Service, Brooklyn General Mail Facility, Brooklyn, NY

W.H. (ECAB 10-0480): Repeated evidence did not reopen late lumbar claim

W.H., a retired postal inspector, filed a lumbar condition claim that OWCP found untimely. He argued that workplace fitness examinations had given his employer timely notice of his back symptoms. After several merits decisions rejecting the claim, he again sought reconsideration with a patient…

October 14, 2010 ·ECAB
Affirmed
COMM

P.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Canandaigua, NY

P.B. (ECAB 10-0452): Inconsistent injury histories defeated lifting claim

P.B., a medical center food service worker, said she developed left-sided back and leg pain while lifting supplies at work. Her first doctor's report said she had experienced sciatic pain for weeks and recalled no particular incident. Later reports described a specific lifting event, but did not…

October 14, 2010 ·ECAB
Affirmed
COMM

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

S.W. (ECAB 10-0371): Postal vehicle accident claim lacked medical causation

S.W., a postal employee, reported left elbow pain after a vehicle accident while driving for work. OWCP accepted that the accident occurred but denied the injury claim for lack of medical causation evidence. The Board held that nurse practitioner reports were not competent physician opinions under…

October 14, 2010 ·ECAB
Affirmed
COMM

N.S. and Department of the Air Force, Air National Guard, McGuire Air Force Base, NJ

N.S. (ECAB 10-0303): Shoulder benefits termination upheld despite impairment award

N.S., an Air National Guard mechanic, received benefits for an accepted right shoulder sprain after lifting a navigation unit. OWCP ended wage-loss and medical benefits after a referral surgeon found that the injury had resolved and N.S. could resume unrestricted work. Another physician rated…

October 14, 2010 ·ECAB
Affirmed
COMM

Eastern Associated Coal Corp.

Roof-control unwarrantable-failure analysis remanded

MSHA cited seven areas of inadequate roof support in a 7,000-foot entry used to store mine cars at Eastern Associated Coal's Federal No. 2 Mine. The judge affirmed the S&S roof-control violation but found no unwarrantable failure and assessed $3,000. The Commission majority held that the judge used…

October 13, 2010 ·FMSHRC
Remanded
COMM

M.H. and U.S. Postal Service, Post Office, Bloomington, IL

M.H. (ECAB 10-0812): Back condition claim lacked supported work link

M.H., a postal mail handler, attributed back pain and disc conditions to decades of lifting, bending, and standing at work. His physicians described the duties and said they likely or possibly contributed to his condition. The Board found that one physician gave no specific medical explanation of…

October 13, 2010 ·ECAB
Affirmed
COMM

C.W. and U.S. Postal Service, Post Office, Miami, FL

C.W. (ECAB 10-0737): Missed work did not establish compensable disability

C.W., a postal mail processor with accepted plantar fasciitis, worked in a modified assignment and claimed wages for several missed shifts and hours. She cited foot pain, home treatment, and planned medical visits. The Board found no evidence that she received medical services on the claimed dates…

October 13, 2010 ·ECAB
Affirmed
COMM

P.M. and Department of the Army, Sierra Army Depot, Herlong, CA

P.M. (ECAB 10-0688): Bilateral hand impairment ratings remanded for explanation

P.M., an Army mechanic, had accepted carpal tunnel syndrome in both hands and received schedule awards for two percent impairment of each arm. His surgeon had used an outdated edition of the impairment guide and rated whole-person impairment, which the Board said did not fit the applicable schedule…

October 13, 2010 ·ECAB
Remanded
COMM

R.O. and U.S. Postal Service, Post Office, Norman, OK

R.O. (ECAB 10-0663): Recurrence claim lacked medical link to accepted sprains

R.O., a postal letter carrier, had accepted hip, leg, knee, and low back sprains and returned to modified work. She later stopped working and claimed a recurrence of total disability. Her physician described additional neck and thoracic symptoms and lumbar radiculopathy, but did not explain how the…

October 13, 2010 ·ECAB
Affirmed
COMM

S.P. and Department of Defense, Defense Distribution Center, Tracy, CA

S.P. (ECAB 10-0645): Knee claim lacked medical link to fitness test

S.P., a Defense Department police officer with preexisting knee bursitis, ran on a treadmill during a required fitness test and later claimed a knee injury. OWCP accepted the work activity but found insufficient evidence that it caused or aggravated his condition. The Board noted that his first…

October 13, 2010 ·ECAB
Affirmed
COMM

D.R. and U.S. Postal Service, Post Office, Southfield, MI

D.R. (ECAB 10-0570): New wrist measurements did not reopen award claim

D.R., a postal letter carrier with accepted bilateral carpal tunnel syndrome, had received schedule awards for both arms. OWCP denied a later request for additional impairment, and D.R. sought reconsideration. He submitted a new physician's report with wrist motion measurements, but it gave no…

October 13, 2010 ·ECAB
Affirmed
COMM

C.L., Administratrix for the Estate of R.L., and U.S. Postal Service, Post Office, Postdam, NY

C.L. (ECAB 10-0321): Estate's reconsideration request denied

C.L. sought benefits on behalf of her husband, a postal letter carrier who died after a subdural hematoma. OWCP had denied his claim because the evidence did not establish the alleged workplace head impact. On reconsideration, C.L. argued that the prior hearing should have taken live witness…

October 13, 2010 ·ECAB
Affirmed
COMM

J.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Iowa City, IA

J.H. (ECAB 10-0193): Retroactive earnings reduction reversed

J.H., a Veterans Affairs employee with accepted anxiety and depressive conditions, later worked for private electrical contractors. OWCP retroactively reduced his wage-loss benefits by 73 percent using earnings from two employers. The Board found that OWCP had not assessed whether either job fairly…

October 13, 2010 ·ECAB
Vacated
COMM

G.S. and U.S. Postal Service, Wyatt Park Station, St. Joseph, MO

G.S. (ECAB 10-0135): Seven percent left leg award upheld

G.S., a postal carrier, injured her ankles and left leg in a fall while working and received a schedule award for seven percent left leg impairment. A physician she submitted rated a higher impairment by adding ankle motion loss, nerve sensory loss, and pain. The Board found that his pain rating…

October 13, 2010 ·ECAB
Affirmed
COMM

R.N. and U.S. Postal Service, Post Office, Philadelphia, PA

R.N. (ECAB 10-0551): Right leg award raised; left leg rating remanded

R.N., a postal carrier with accepted conditions in both knees, received schedule awards for 15 percent right leg impairment and three percent left leg impairment. The Board found that the impartial specialist had misread a table: five degrees of lost right knee extension yielded 10 percent, not…

October 12, 2010 ·ECAB
Mixed result
COMM

L.P. and U.S. Postal Service, San Bernardino P & DC, San Bernardino, CA

L.P. (ECAB 10-0710): Late left hand reconsideration request denied

L.P., a postal mail handler, sought a schedule award for a left hand condition that OWCP had denied in 2006. His 2009 reconsideration request came after the one-year deadline. He argued that he had not received the denial and that payment for some treatment meant OWCP had accepted the condition…

October 12, 2010 ·ECAB
Affirmed
COMM

O.H. and U.S. Postal Service, Westside Post Office, Little Rock, AR

O.H. (ECAB 10-0693): Emotional condition claim lacked a compensable work factor

O.H., a postal letter carrier, said a reduction in modified work hours and mistreatment by a station manager caused emotional stress. She had a psychologist's diagnosis, but the Board found that she had not shown a compensable work factor. The manager reduced her hours after medical information…

October 12, 2010 ·ECAB
Affirmed
COMM

L.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Bath, NY

L.M. (ECAB 10-0599): Conflicting patient-transfer accounts defeated injury claim

L.M., a medical center nursing assistant, said back and leg symptoms began while lifting a patient from the floor into bed. A coworker described helping a patient who was already standing and said L.M. merely guided the patient into bed without lifting. L.M.'s accounts to clinicians also varied as…

October 12, 2010 ·ECAB
Affirmed
COMM

R.R. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA

R.R. (ECAB 10-0486): Additional respiratory wage loss not proven

R.R., a naval shipyard employee, had accepted bronchitis, pneumonitis, and chronic rhinitis after workplace chemical exposure. He claimed wage loss over several months because coughing affected his ability to work. His pulmonologist described intermittent difficulty speaking but did not identify…

October 12, 2010 ·ECAB
Affirmed
COMM

C.J. and Department of the Treasury, Internal Revenue Service, Chicago, IL

C.J. (ECAB 10-0409): Late chair-collapse claim review denied

C.J., an IRS systems coordinator, reported neck and back injuries after a chair collapsed at work. OWCP denied the claim, and her later reconsideration request came more than a year after its last merits decision. She resubmitted chiropractic reports and argued that one demonstrated clear error…

October 12, 2010 ·ECAB
Affirmed
COMM

L.P. and U.S. Postal Service, Reno Processing & Distribution Center, Reno, NV

L.P. (ECAB 10-0319): Back condition claim lacked medical causation

L.P., a postal clerk, attributed lower back symptoms to bending, lifting, and twisting at work. OWCP accepted that she performed those duties but found the medical link to her diagnosed lumbar conditions unproven. One physician described degenerative disc disease and radiculitis without addressing…

October 12, 2010 ·ECAB
Affirmed
COMM

O.R. and U.S. Postal Service, Westside Post Office, Little Rock, AR

O.R. (ECAB 10-0273): Neck aggravation from modified work not established

O.R., a postal letter carrier on modified duty, claimed that looking down to write accountable mail notices aggravated a preexisting neck condition. OWCP accepted that writing was among her assigned tasks but denied the claimed medical connection. Her physician described frequent neck movement…

October 12, 2010 ·ECAB
Affirmed
COMM

A.S. and U.S. Postal Service, Post Office, Ocala, FL

A.S. (ECAB 10-0228): Psychiatric benefits termination upheld

A.S., a postal letter carrier, received benefits for accepted work-related aggravation of psychiatric conditions. His treating psychiatrist believed the work-related effects continued, while OWCP's referral psychiatrist disagreed. An impartial psychiatrist examined him and concluded that the…

October 12, 2010 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Buffalo, NY

J.S. (ECAB 10-0616): Cart impact claim lacked qualified medical causation

J.S., a postal mail processor, was struck by a pie cart at work and claimed neck and back injuries. OWCP accepted that the incident occurred but found the medical connection unproven. A neurosurgeon documented spinal findings without explaining how the cart impact caused them. A chiropractor…

October 8, 2010 ·ECAB
Affirmed
COMM

W.A. and U.S. Postal Service, Post Office, Los Angeles, CA

W.A. (ECAB 10-0529): Leg and back claim lacked medical work link

W.A., a postal mail processing clerk, attributed leg weakness and a lumbar nerve condition to repeated bending and lifting at work. OWCP accepted those duties but found no medical evidence linking them to the condition. A physician diagnosed lumbar radiculopathy and restricted work but did not…

October 8, 2010 ·ECAB
Affirmed
COMM

C.R. and Department of Veterans Affairs, Louis Stokes Cleveland Medical Center, Brecksville, OH

C.R. (ECAB 10-0472): Back benefits termination and review denial upheld

C.R., a former medical center nursing assistant, received benefits for accepted back conditions after a 1974 injury. A previous Board ruling had already upheld the end of benefits for a separate psychiatric condition while restoring benefits for the back condition. OWCP later obtained a new…

October 8, 2010 ·ECAB
Affirmed
COMM

V.D. and Department of the Army, Western Regional Contracting Office, Fort Lewis, WA

V.D. (ECAB 10-0280): Documented overtime required medical review of stress claim

V.D., an Army contract specialist, sought compensation for an emotional condition attributed in part to heavy workload and overtime. OWCP denied the claim without evaluating medical causation because it found no compensable work factor. The Board found that time records and management messages…

October 8, 2010 ·ECAB
Remanded
COMM

C.R. and U.S. Postal Service, Post Office, Columbus, OH

C.R. (ECAB 10-0256): Six percent right leg and prior left award upheld

C.R., a postal mail handler, had accepted conditions affecting both feet and knees and had already received schedule awards for five percent right leg and ten percent left leg impairment. An orthopedic examiner applied the sixth edition of the impairment guide and rated each leg at six percent…

October 8, 2010 ·ECAB
Affirmed
COMM

A.H. and U.S. Postal Service, Post Office, Brick, NJ

A.H. (ECAB 10-0254): Arm impairment claim remanded for a new examination

A.H., a postal carrier with accepted right wrist and elbow injuries, already had a schedule award for 24 percent right arm impairment and sought more. The Board found that the new examiner rated pain without identifying the affected nerve or explaining the rating method. An OWCP medical adviser…

October 8, 2010 ·ECAB
Remanded
COMM

S.V. and Department of Homeland Security, Transportation Security Administration, Detroit, MI

S.V. (ECAB 10-0249): Orthopedic benefit termination and wage-loss denial affirmed

S.V., a transportation security screener, received compensation for accepted shoulder and back injuries after lifting luggage at work. OWCP ended wage-loss compensation and medical benefits for those conditions after an impartial orthopedic specialist found that their work-related effects had…

October 8, 2010 ·ECAB
Affirmed
COMM

D.B. and U.S. Postal Service, Post Office, Detroit, MI

D.B. (ECAB 10-0238): Knee arthritis claim denied for lack of medical causation evidence

D.B., a postal mail processor, claimed that her work duties and earlier work injuries caused degenerative disease in both knees. OWCP accepted that she performed the reported duties but found that the medical record did not establish a causal link to her knee disease. The Board found that several…

October 8, 2010 ·ECAB
Affirmed
COMM

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

E.R. (ECAB 10-0234): Three percent left leg impairment award affirmed

E.R., a postal distribution clerk, received a schedule award for three percent permanent impairment of her left leg following accepted back and nerve conditions. She sought a larger award based on her physician's eight percent whole person impairment rating. The Board found that OWCP's medical…

October 8, 2010 ·ECAB
Affirmed
COMM

T.L. and U.S. Postal Service, Post Office, Kansas City, MO

T.L. (ECAB 10-1024): Total disability claim and merit review request denied

T.L., a postal mail handler with accepted shoulder injuries, claimed she was totally disabled after returning briefly to limited duty in April 2004. The Board found that her doctors' notes did not adequately explain, with examination findings, why the accepted conditions prevented her from…

October 7, 2010 ·ECAB
Affirmed
COMM

J.B. and U.S. Postal Service, Post Office, Larchmont, NY

J.B. (ECAB 10-0803): Ten percent right arm impairment award affirmed

J.B., a postal carrier with an accepted right rotator cuff tear, received a schedule award for 10 percent right arm impairment. His treating surgeon estimated 15 percent right shoulder impairment under state workers' compensation guidelines. OWCP's medical adviser applied the federal impairment…

October 7, 2010 ·ECAB
Affirmed
COMM

R.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI

R.F. (ECAB 10-0741): Right hand claim denied without identified work factors

R.F., a food service worker at a veterans medical center, claimed that repetitive movement caused right hand tendinitis. OWCP asked her to describe the work activity and clarify whether the condition arose during one shift or over a longer period. She submitted medical reports but did not identify…

October 7, 2010 ·ECAB
Affirmed
COMM

L.G. and Department of Health & Human Services, Centers for Disease Control & Prevention, Atlanta, GA

L.G. (ECAB 10-0732): Back condition claim denied for lack of medical explanation

L.G., a program analyst, attributed low back and buttock pain to prolonged sitting in an office chair while working at a computer. The Board accepted that her duties involved prolonged sitting but found that her physician had not explained how that activity caused or aggravated a diagnosed back…

October 7, 2010 ·ECAB
Affirmed
COMM

T.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Brooklyn, NY

T.L. (ECAB 10-0694): Refusal to reopen recurrence claim affirmed

T.L., a medical center police officer, sought benefits for a claimed recurrence of disability following accepted knee and back injuries. OWCP denied the recurrence claim, and she later requested another reconsideration. Her latest request repeated an argument about knee surgery and resubmitted…

October 7, 2010 ·ECAB
Affirmed
COMM

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

J.J. (ECAB 10-0626): Schedule award denied without permanent impairment evidence

J.J., a postal mail handler, sought a schedule award for bilateral knee and left elbow strains accepted after a forklift stopped abruptly. OWCP requested a physician's permanent impairment evaluation using the federal impairment guide, but she did not submit one. The available orthopedic report…

October 7, 2010 ·ECAB
Affirmed
COMM

M.E. and U.S. Postal Service, Post Office, Colorado Springs, CO

M.E. (ECAB 10-0592): Recurrence claim and reconsideration refusal affirmed

M.E., a postal clerk with an accepted aggravation of a lumbar disc condition, claimed a recurrence requiring medical treatment in March 2009. In response to OWCP's request for evidence, he submitted only a physician assistant's note. The Board held that the note was not competent medical evidence…

October 7, 2010 ·ECAB
Affirmed
COMM

J.A. and Department of Transportation, Federal Aviation Administration, Fort Worth, TX

J.A. (ECAB 10-0555): Emotional condition claim denied over work assignments

J.A., an air traffic control specialist returning from knee surgery, claimed stress after management sent him home when limited-duty work was unavailable and changed his schedule. The Board treated work assignments and scheduling as administrative matters that could support an emotional condition…

October 7, 2010 ·ECAB
Affirmed
COMM

P.S. and National Aeronautics & Space Administration, Dryden Flight Research Center, Edwards, CA

P.S. (ECAB 10-0250): Emotional condition claim denied over personnel actions

P.S., an electronics technician, attributed depression and anxiety to discipline, a disputed work assignment, and management's refusal to transfer him. The Board found that these were administrative or personnel matters rather than his regular job duties. It reviewed the record and found no…

October 7, 2010 ·ECAB
Affirmed
COMM

W.T. and U.S. Postal Service, Post Office, Baltimore, MD

W.T. (ECAB 10-0210): Late reconsideration denied without clear evidence of error

W.T., a postal worker, sought another review of a previously denied claim that a low back condition was caused by an accepted work injury. His June 2009 reconsideration request came more than one year after the last merit decision. The Board therefore considered whether his materials showed clear…

October 7, 2010 ·ECAB
Affirmed
COMM

Marfork Coal Company, Inc.

Paid penalties make reopening request moot

Marfork Coal asked the Commission to reopen a $23,788 assessment covering 20 violations after filing its contest one day late. The Secretary did not oppose reopening but reported that Marfork had already paid the penalties by two checks. Marfork did not dispute that the assessment was paid in full…

October 6, 2010 ·FMSHRC
Procedural
COMM

Joshua Coal Company

Timely contest sent to wrong MSHA office excused

Joshua Coal sought to contest a $500 assessment covering five violations. The company mailed a timely hearing request to MSHA's Denver District Office rather than the Civil Penalty Compliance Office listed on the assessment notice. The Secretary said the district office did not know that the…

October 6, 2010 ·FMSHRC
Remanded
COMM

A.P. and Department of Defense, Defense Commissary Agency, Annapolis, MD

A.P. (ECAB 10-0641): Thumb schedule award denied without impairment rating

A.P., a meat cutter leader, injured his right thumb while using a band saw at work and sought a schedule award. OWCP told him that a physician needed to rate any permanent impairment under the federal impairment guide and supplied a worksheet. No physician impairment report was submitted before…

October 6, 2010 ·ECAB
Affirmed
COMM

A.A. and Department of Veterans Affairs, Veterans Health Administration, Pittsburgh, PA

A.A. (ECAB 10-0615): Wall washing injury claim denied for lack of medical causation

A.A., a medical center housekeeping aid, claimed that washing walls caused back, neck, and shoulder problems. OWCP accepted that he performed the wall washing work, and he had a separate accepted right rotator cuff claim. The Board found that the medical reports in this case described pain and a…

October 6, 2010 ·ECAB
Affirmed

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.