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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G.J. and U.S. Postal Service, Post Office, Palatine, IL
G.J. (ECAB 09-2346): Two percent right arm award upheld
G.J., a postal city letter carrier, had accepted right hand conditions and underwent several thumb surgeries. OWCP awarded compensation for two percent permanent impairment of her right upper extremity. The Board found that the medical adviser applied the impairment guides to examination findings…
Secretary of Labor v. Lehigh Cement Company, Inc.
Two vacated citations end penalty case
The case originally involved two citations assessed at $6,600 each. The parties filed a joint motion labeled as a settlement, but the Secretary had elected to vacate both citations and sought dismissal of the penalty petition. Judge William B. Moran explained that vacating citations is an exercise…
Nelson Quarries, Inc.
Unratified settlements vacated
The Secretary filed settlement motions for two Nelson Quarries citations, and the judge approved them the next day with $560 in penalties. Nelson then said it had not agreed to the filed terms and had told the Secretary's representative that approval was still pending. The representative's letters…
W.S. and Department of Homeland Security, Transportation Security Administration, Palm Springs, CA
W.S. (ECAB 10-0573): Back condition claim denied for lack of medical causation evidence
W.S., a Transportation Security Administration officer and supervisor, attributed worsening back and leg symptoms to lifting baggage and other screening duties. OWCP accepted that he performed standing, bending, kneeling, and lifting at work but denied the claim. His physician diagnosed spinal…
J.T. and U.S. Postal Service, Main Post Office, Milwaukee, WI
J.T. (ECAB 10-0558): Late reconsideration request rejected
J.T., a former postal clerk, sought reconsideration of denials involving a claimed recurrence of disability and an emotional condition. OWCP denied her September 2009 request because it was filed outside the one-year period and did not show clear error. The Board agreed that the request was late…
J.M. and U.S. Postal Service, Post Office, Cincinnati, OH
J.M. (ECAB 10-0348): Old schedule award denial not reopened
J.M., a postal mail handler with an accepted lumbar condition, had been denied a schedule award in 2004 because the evidence showed no measurable permanent impairment. He sought an award again in 2009 and submitted imaging and a physician's rating of 22 percent impairment for each leg. OWCP treated…
C.M. and U.S. Postal Service, Post Office, Miami, FL
C.M. (ECAB 10-0333): Mail tray injury claim denied for lack of medical link
C.M., a postal letter carrier, reported left shoulder, neck, and lower back injuries after lifting and dropping a tray of mail. OWCP accepted that the work incident occurred but denied the injury claim. The Board found that his orthopedic surgeon described a recurrent rotator cuff tear that had…
W.D. and U.S. Postal Service, Post Office, New Orleans, LA
W.D. (ECAB 10-0274): Increased left leg award upheld; no further right leg award
W.D., a postal distribution clerk, had accepted back and knee conditions and had already received schedule awards for both legs. After another review, OWCP awarded a four percentage point increase for the left leg but none for the right. The Board found the medical adviser's right leg rating was…
D.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Baltimore, MD
D.J. (ECAB 10-0272): Right knee schedule award denied for lack of injury link
D.J., a patient services assistant at a VA medical center, struck his right knee on an open file cabinet drawer in 2004. OWCP accepted a knee sprain that it considered resolved, and he later sought a schedule award for permanent right leg impairment. His physician attributed meniscal tears seen on…
L.D. and U.S. Postal Service, Fort Lauderdale Processing & Distribution Center, Fort Lauderdale, FL
L.D. (ECAB 10-0219): Upper extremity schedule award denied
L.D., a postal distribution clerk, had accepted right shoulder and cervical and lumbar sprains. She sought a schedule award for impairment of her arms. Her neurologist reported normal strength, sensation, tone, and reflexes in both arms and diagnosed right shoulder tenosynovitis without connecting…
R.L. and Department of State, American Embassy, Budapest, Hungary
R.L. (ECAB 10-0115): Overpayment waiver sent back for findings
R.L., who worked at the American Embassy in Budapest, sought a waiver of recovery of a $15,372.70 compensation overpayment. A prior Board decision had upheld the overpayment amount but sent the waiver question back for current financial information. OWCP received an updated financial questionnaire…
N.J. and U.S. Postal Service, Post Office, Pittsburgh, PA
N.J. (ECAB 09-2331): Bilateral arm impairment awards upheld
N.J., a postal clerk, had accepted carpal tunnel syndrome in both wrists and underwent surgery on each side. OWCP awarded 23 percent impairment for her right arm and 10 percent for her left. Her physician rated the right arm at 38 percent, adding a pinch-strength deficit and a higher sensory…
S.B. and Department of Defense, Defense Finance & Accounting Service, Cleveland, OH
S.B. (ECAB 09-1922): Reduced hours did not produce compensable wage loss
S.B. injured her right knee while working as an accounting technician for the Defense Department, and OWCP later accepted related right hip conditions. Years later, a physician limited her to six hours a day in her contract specialist job because of the hip condition. She sought compensation for…
F.G. and U.S. Postal Service, Post Office, Southeastern, PA
F.G. (ECAB 10-0474): Hip injury claim denied despite accepted work event
F.G., a postal mail handler with longstanding left hip arthritis, reported that his leg gave way while he pushed a mail container at work. He later underwent a total hip replacement. The Board accepted that the July 2008 event occurred, but found that his surgeon's reports did not adequately…
B.R. and U.S. Postal Service, Post Office, Nashua, MT
B.R. (ECAB 10-0432): Emotional condition claim denied after workplace confrontation
B.R., a postal sales associate, attributed anxiety and depression to a confrontation with her supervisor. The supervisor reported that she had asked B.R. about complaints of disruption at work and then directed her to leave the building. The Board treated this as a personnel matter and found that…
B.W. and U.S. Postal Service, Post Office, St. Louis, MO
B.W. (ECAB 10-0323): Late recurrence reconsideration not reopened
B.W., a former postal clerk, had an accepted left arm injury and previously received a schedule award. OWCP later denied her claim that disability had recurred beginning in April 2004. She asked OWCP to reconsider that denial in March 2009, nearly three years after its last merits decision. The…
G.B. and Department of Veterans Affairs, South Texas HCS-Audie Murphy, San Antonio, TX
G.B. (ECAB 10-0314): Wrist injury wage-loss claim denied
G.B., a nursing assistant at a VA facility, injured her right wrist when a patient grabbed her arm. OWCP accepted a wrist contusion, and she later sought wage-loss compensation for several months away from work. The Board found that two chiropractors' disability reports did not qualify as physician…
T.Y. and U.S. Postal Service, Post Office, Gretna, LA
T.Y. (ECAB 10-0231): Rescission of accepted emotional condition reversed
T.Y., a postal letter carrier, claimed an emotional condition related to workplace assignments and management conduct. OWCP initially accepted adjustment disorder with mixed anxiety and depressed mood, then decided that its acceptance had lacked sufficient factual development. It later denied the…
M.D. and Department of Defense, Defense Contract Management Agency, San Antonio, TX
M.D. (ECAB 10-0039): Back injury claim denied after break schedule changed
M.D., a Defense Department procurement technician with a longstanding back condition, reported severe pain after his supervisor reduced the frequency of his rest breaks. OWCP accepted that he sat and worked for about three and a half hours without the hourly breaks he had previously taken. The…
M.H. and U.S. Postal Service, Yeso Post Office, Yeso, NM
M.H. (ECAB 09-2349): Receptionist wages did not establish earning capacity
M.H., a former Postal Service postmaster with severe hand arthritis, worked briefly as a receptionist for a business owned by her daughter and son-in-law. OWCP reduced her compensation using the wages she earned in that position. The Board found that the job had a flexible schedule, allowed work…
F.S. and Equal Employment Opportunity Commission, Los Angeles District Office, Las Vegas, NV
F.S. (ECAB 09-2337): Medical benefit termination reversed after improper referee referral
F.S., an EEOC mediator, received medical benefits after OWCP accepted neck and back sprains from a fall at work. Her treating physician and another physician who had previously treated her disagreed about whether the work injury still had effects. OWCP referred her to a third physician as an…
J.S. and Department of Justice, Bureau of Prisons, Atwater, CA
J.S. (ECAB 09-1969): Knee claim returned for accurate job history and medical review
J.S., a Bureau of Prisons correctional officer and lieutenant, claimed that his work duties contributed to a left knee condition. OWCP denied the claim after considering differing medical opinions about the cause of his condition. The Board found that OWCP had not prepared a complete statement of…
Arizona Materials
Claimed fax needs details before reopening
Arizona Materials said a former safety manager had faxed a contest for an assessment covering five citations, but MSHA had no record of receiving it. The Secretary opposed reopening because the explanation lacked details and the company waited after an October delinquency notice until the matter…
Mosaic Fertilizer LLC
Final assessment reopened and remanded
Mosaic Fertilizer asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Matter of Michael Raymund Aguirre LEGASPI
Marriage does not independently confer section 245(i) grandfathering
The Board reviewed a Filipino respondent's appeal from the denial of adjustment of status under section 245(i) of the Immigration and Nationality Act. His wife was grandfathered because she had been a derivative beneficiary of an older visa petition, but the respondent was not the principal…
D.F. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
D.F. (ECAB 10-0495): Emotional condition claim filed decades after awareness
D.F., a former IRS agent, attributed an emotional condition to demanding work before his 1985 disability retirement. He filed a compensation claim in 2009. The Board found that he knew of the condition and its possible relationship to his employment in 1985, so the three-year filing period had…
A.R. and U.S. Postal Service, Post Office, Phoenix, AZ
A.R. (ECAB 10-0395): Left arm impairment award returned for a supported rating
A.R., a Postal Service mail handler, received schedule awards totaling 31 percent permanent impairment of his left arm after an accepted carpal tunnel condition. He claimed a greater award. The Board found that one physician did not adequately identify the A.M.A. Guides tables used for his rating…
E.L. and Department of Health & Human Services, Social Security Administration, Salinas, CA
E.L. (ECAB 10-0367): Reconsideration denied because new report did not address causation
E.L., a Social Security Administration teleservice representative, sought compensation for conditions of her right arm and left shoulder. OWCP had denied the claim because the medical evidence did not link a current condition to her work. In seeking reconsideration, she submitted a physician's form…
R.S. and U.S. Postal Service, Western New York Performance Cluster, Buffalo, NY
R.S. (ECAB 10-0365): Benefits termination reversed over unresolved medical conflict
R.S., a Postal Service mail handler, received benefits after OWCP accepted a lumbar sprain from lifting mail. OWCP later ended compensation and medical benefits based on a second opinion physician's view that the work injury had resolved. His treating chiropractor disagreed and reported continuing…
V.B. and U.S. Postal Service, Post Office, Durham, NC
V.B. (ECAB 10-0026): Recurrence claim lacked medical or job duty proof
V.B., a Postal Service mail clerk, returned to limited duty after OWCP accepted bilateral carpal tunnel syndrome. She later claimed that she became unable to work beginning May 21, 2007. The Board found that her physicians described symptoms but did not explain how a spontaneous change in the…
K.M. and Department of Homeland Security, Transportation Security Administration, Lubbock, TX
K.M. (ECAB 09-2311): Wage capacity reduction reversed over unexamined actual earnings
K.M., a TSA screener, received compensation after an accepted respiratory injury from workplace chemical exposure. She later began work as an insurance sales representative. OWCP reduced her benefits using the earning capacity of a constructed accounting clerk job and found an overpayment. The…
V.S. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
V.S. (ECAB 09-2308): Lumbar injury benefits termination upheld
V.S., a TSA screener, received benefits for a lumbar strain sustained at work. Her treating physician and an OWCP referral physician disagreed about whether the injury still caused disability or required treatment. OWCP obtained an impartial examination, and the Board found that the specialist gave…
I.W. and Department of the Air Force, Tyndall Air Force Base, FL
I.W. (ECAB 09-2307): Emotional condition claim lacked medical link to established retaliation
I.W., an Air Force human resources technician, attributed an emotional condition to harassment, discipline, work assignments, and retaliation. The Board found that many claimed incidents were uncorroborated or involved personnel actions without demonstrated error or abuse. An EEO finding did…
P.Y. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
P.Y. (ECAB 09-2293): Right knee benefits termination upheld
P.Y., a temporary painter at a VA medical center, injured his right knee stepping off a ladder. OWCP accepted aggravation of knee synovitis and osteoarthritis and later terminated benefits. The Board found that an impartial orthopedic specialist gave a reliable opinion that the work-related…
Barrick Goldstrike Mines, Inc.
Modified reopening request granted and remanded
Barrick asked the Commission to reopen an assessment after an employee's attempted fax to counsel was not delivered. The Secretary opposed the original request and noted an earlier Barrick case involving similar fax problems. Barrick then narrowed its request to one citation and one order that were…
Bonita Steel Builders, Inc.
Final assessment reopened and remanded
Bonita Steel Builders asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
E.S. Stone and Structure, Inc.
Reopening requests denied without prejudice
E.S. Stone asked the Commission to reopen two penalty assessments that became final when the company did not contest them within 30 days. The company said it faxed the underlying citations to counsel and mistakenly believed no separate response to the assessments was required. The Secretary did not…
Thomas Bewak v. Alaska Mechanical Incorporated
Safety complainant's discharge found discriminatory
Thomas Bewak raised concerns about task hazard assessments, structural bolted joints, and other safety conditions while working for Alaska Mechanical at the Rock Creek Mine. He also reported his bolted-joint concerns to an MSHA inspector after a manlift accident killed two employees. Chief Judge…
Mach Mining, LLC
Mistaken penalty payment reopened and remanded
Mach Mining asked the Commission to reopen penalties for two ventilation-plan citations that the company had already contested and that were under Commission review. The company said it mistakenly paid the penalties as part of an assessment covering 16 citations, overlooking that the two citations…
Lone Star Aggregates Acquisition, LLC
Reopening requests denied without prejudice
Lone Star asked the Commission to reopen two penalty assessments that became final after the company did not contest them on time. The operator attributed the missed assessments to information-sharing and recordkeeping problems during a change in mine ownership and workforce. The Secretary opposed…
V.W. and U.S. Postal Service, Post Office, Scotch Plains, NJ
V.W. (ECAB 09-2234): Disability claim returned after OWCP reopened injury merits
V.W., a Postal Service worker, injured her back in a fall at work. OWCP initially accepted strains and denied later compensation, then accepted a herniated disc with radiculopathy after reviewing new medical evidence. It subsequently denied her reconsideration request as untimely. The Board found…
American Federation of Government Employees, Local 1102 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Detention Center, Seatac, Washington (Agency)
AFGE Local 1102 and SeaTac Federal Detention Center (FLRA 0-AR-4599): Armory hazard pay ruling upheld
Employees at the SeaTac federal detention center sought hazard pay for armory duties involving explosives and challenged the storage conditions. An arbitrator found that two full-time lock and security specialists were not entitled to extra hazard pay because their positions and pay accounted for…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Oakdale, Louisiana (Agency) and American Federation of Government Employees, Local 1007, Council of Prison Locals (Union)
Oakdale Federal Correctional Complex and AFGE Local 1007 (FLRA 0-AR-4489): Counselor backpay remedy stands
Correctional counselors at the Oakdale federal detention center performed higher-graded case manager duties after a supervisor mistakenly said a prior settlement no longer governed those assignments. An arbitrator found that the Bureau of Prisons breached the settlement and ordered backpay with…
United States Department of the Army, United States Army Dental Activity, Fort Bragg, North Carolina (Agency) and American Federation of Government Employees, Local 1770 (Union)
Fort Bragg Army Dental Activity and AFGE Local 1770 (FLRA 0-AR-4361): Attorney fee rates corrected
After an arbitrator reduced two employees' five-day suspensions to written reprimands and awarded backpay, he also awarded their union attorney fees. The Authority agreed that fees were warranted because the Army should have known it could not prove the time-card falsification charge under its own…
United States Department of Veterans Affairs, San Diego Healthcare System, San Diego, California (Agency) and National Association of Government Employees/SEIU (Union)
San Diego VA Healthcare System and NAGE (FLRA 0-AR-4355): Medical waste pay award split
Employees handling medical waste at the San Diego VA Healthcare System sought extra pay for hazardous duties. An arbitrator granted hazard pay to a General Schedule waste manager and an eight percent environmental differential to four Wage Grade job classifications. The Authority reversed the waste…
United States Department of the Navy, Naval Undersea Warfare Center Division, Newport, Rhode Island (Agency) and National Association of Government Employees, Local R1-144, Federal Union of Scientists and Engineers (Union)
Naval Undersea Warfare Center and NAGE Local R1-144 (FLRA 0-AR-4289): Travel voucher appeal dismissed as early
A Naval Undersea Warfare Center employee submitted 53 travel vouchers more than six years after the expenses arose. An arbitrator ordered the Navy to process and pay the vouchers without interest, while retaining an associated overtime claim for later resolution if the parties could not agree. The…
Rome Construction, Inc.
Final assessment reopened and remanded
Rome Construction asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Brooks Run Mining Company, LLC
Final assessment reopened and remanded
Brooks Run Mining asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Barrick Turquoise Ridge, Inc.
Missed contests reopened and remanded
Barrick Turquoise Ridge asked the Commission to reopen two penalty assessments after missing both contest deadlines. One lapse occurred while the safety director was away for emergency surgery. For the other assessment, counsel believed the company would file the contest, but no contest was filed…
Naselle Rock & Asphalt Co.
Final assessment reopened and remanded
Naselle Rock & Asphalt asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Carbo Ceramics, Inc.
One assessment reopened, two requests denied
Carbo Ceramics sought to reopen three penalty assessments after intended contests were not timely received. For the first assessment, the company sent its marked contest form to MSHA's payment address instead of the Civil Penalty Compliance Office, and the Secretary did not oppose reopening. For…
City of Cambridge, Massachusetts
In re City of Cambridge, Massachusetts (EAB NPDES Appeal No. 09-17): review denied for permit challenges
The City of Cambridge, Massachusetts, held NPDES Permit No. MA0101974 for combined sewer overflow discharges from eleven outfalls into the Alewife Brook and Charles River during certain wet-weather conditions. Petitioner Stephen H. Kaiser argued that the permit needed additional conditions tied to…
Ohio County Coal Company, LLC
Final assessment reopened and remanded
Ohio County Coal asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
American Federation of Government Employees, Local 3506 (Union) and Social Security Administration, Office of Disability Adjudication and Review, Shreveport, Louisiana (Agency)
AFGE Local 3506 and Social Security Administration (FLRA 0-AR-4306): Promotion challenge denied
A Social Security Administration senior case technician in Shreveport was not selected for a lead technician position. His union claimed that membership and other protected characteristics influenced the decision, and argued that his time in grade warranted stronger consideration. An arbitrator…
Onsite Krushing Company
Reopening request moot and assessment remanded
Onsite Krushing asked the Commission to reopen a penalty assessment that the company said it never received because MSHA sent it to an incorrect address. The Secretary did not oppose further proceedings but noted that operators must keep their address of record current. The Commission concluded…
Ardaman & Associates, Inc.
Final assessment reopened and remanded
Ardaman & Associates asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Amerikohl Mining Inc.
Final assessment reopened and remanded
Amerikohl Mining asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Antrim Township
In re Antrim Township (EAB NPDES Appeal No. 09-14): appeal dismissed for lack of jurisdiction
Antrim Township in Pennsylvania challenged an EPA compliance order related to its stormwater permit coverage and argued that it had no municipal storm sewer system or point-source discharges. EPA Region 3 argued that the Environmental Appeals Board could not review a pre-enforcement administrative…
Big Ridge, Inc.
Seven orders affirmed, five vacated
MSHA charged Big Ridge with 12 violations at the Willow Lake Mine, including combustible accumulations, examination failures, equipment conditions, roof hazards, and uncorrected hazardous conditions. Judge Gary Melick affirmed seven orders and vacated five after evaluating the evidence for each…
United States Department of Veterans Affairs, G.V. (Sonny) Montgomery VA Medical Center, Jackson, Mississippi (Agency) and American Federation of Government Employees, Local 589 (Union)
Jackson VA Medical Center and AFGE Local 589 (FLRA 0-AR-4345): Pay award challenge dismissed
Police officers at the Jackson VA Medical Center performed higher-graded instructor duties over a 23-month period. An arbitrator awarded backpay based on the difference between their GS-6 and GS-7 rates for sixteen hours of work each week. The VA challenged that award using arguments about…
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.