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.G. and Department of the Air Force, Ellsworth Air Force Base, SD
G.G. (ECAB 09-2309): Back disability recurrence claim denied
G.G., an Air Force firefighter, sustained an accepted lumbar disc injury in 1996, returned to work, and retired in 2006. He then worked for an airline and claimed a recurrence of disability in 2007. The Board found that one doctor mentioned a new injury at the airport and that the other reports did…
T.H. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY
T.H. (ECAB 09-2156): Occupational lung disease claim denied
T.H., a mechanical technician at a TVA fossil plant, reported years of coal dust and welding fume exposure. OWCP accepted that the exposures occurred but denied his lung disease claim. A chest x-ray report noted findings consistent with pneumoconiosis without addressing their cause. His family…
M.K. and U.S. Postal Service, Post Office, Philadelphia, PA
M.K. (ECAB 09-2150): Consequential injury and additional award denied
M.K., a postal mail handler, had accepted foot and ankle conditions and prior awards for 15 percent right and 14 percent left leg impairment. He sought recognition of knee, hip, and back conditions as consequences of those injuries, plus a larger schedule award. The Board gave special weight to an…
R.A. and U.S. Postal Service, Post Office, Philadelphia, PA
R.A. (ECAB 09-2134): Left arm impairment rating upheld at 23 percent
R.A., a postal parcel keyer, had accepted left arm ulnar nerve entrapment and carpal tunnel syndrome. His examining doctor rated 44 percent arm impairment, while OWCP granted a 23 percent schedule award using its medical adviser's calculation. The Board found that the examining doctor had not…
M.B. and Department of the Army, Illinois Army National Guard, Springfield, IL
M.B. (ECAB 09-2064): Additional left leg impairment award denied
M.B., an Army National Guard administrative officer, injured his left knee in a fall at work and received a schedule award for 40 percent leg impairment. He sought a larger award, relying in part on a doctor's 41 percent rating. The Board found that rating used an averaging method absent from the…
L.A. and U.S. Postal Service, Post Office, Tampa, FL
L.A. (ECAB 09-2054): Shoulder injury benefits termination upheld
L.A., a postal clerk, received benefits for a right shoulder contusion and sprain. An impartial orthopedist found that those accepted conditions had resolved and attributed her remaining arm and shoulder complaints to a separate cervical injury. The Board gave his opinion special weight and upheld…
A.K. and Department of Veterans Affairs, Veterans Health Administration, Dublin, GA
A.K. (ECAB 09-2032): Knee injury denial and reconsideration refusal upheld
A.K., a VA program support assistant, reported a knee injury while rushing across grass to his car during work hours. The Board found that his reason for going to the car was to retrieve personal correspondence, so being on the employer's premises did not place the errand within his work duties. It…
D.H. and Department of the Interior, Battle Mountain Field Office, Reno, NV
D.H. (ECAB 10-0349): Hearing abandonment finding upheld
D.H., an Interior Department ranger, sought a hearing after OWCP denied his claim for a leg injury during training. OWCP mailed notice of a telephonic hearing more than 30 days before its scheduled date. D.H. did not participate, request a postponement, or explain his absence to OWCP within 10…
B.B. and Department of Justice, Bureau of Prisons, Jonesville, VA
B.B. (ECAB 10-0336): Refusal to reopen schedule award claim upheld
B.B., a correctional officer, sustained accepted left ankle and leg fractures while restraining an inmate. OWCP denied his later schedule award claim after finding no medical proof of permanent impairment. He requested reconsideration and submitted physical therapy reports. The Board held that…
F.J. and U.S. Postal Service, Post Office, Pittsburgh, PA
F.J. (ECAB 10-0251): Claimed arm sunburn injury denied
F.J., a postal truck driver, claimed that his left arm was sunburned while driving at work. The Board found that he had not explained with enough detail how the alleged exposure occurred, although his truck driving that day was accepted. A doctor diagnosed contact dermatitis but did not explain how…
F.D., Administratrix of the Estate of D.D., and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
F.D., administratrix of D.D.'s estate (ECAB 10-0229): New posthumous award claim barred
D.D., a Navy shipfitter mechanic, received schedule awards totaling 20 percent right leg impairment before his death. His estate later sought an additional 17 percent award based on a medical report. The Board held that the earlier awards had been fully paid and no increased-award claim was pending…
C.G. and U.S. Postal Service, Post Office, Atlanta, GA
C.G. (ECAB 10-0222): Mail handler occupational disease claim denied
C.G., a postal mail handler, attributed back, shoulder, and arm problems to lifting mail and pushing, pulling, and sorting equipment. OWCP accepted that she performed those tasks but denied her claim for lack of medical proof of causation. The Board found that her doctors diagnosed conditions and…
E.S. and U.S. Postal Service, Post Office, Sharpsville, PA
E.S. (ECAB 10-0191): Shoulder injury claim denied for lack of qualifying medical evidence
E.S., a postal letter carrier, slipped on ice at work and reported a right shoulder injury. OWCP accepted that the fall occurred but denied the claim because the supporting reports came from a chiropractor. The Board held that the chiropractor had not diagnosed a spinal subluxation shown by x-ray…
D.D. and U.S. Postal Service, Post Office, Fort Worth, TX
D.D. (ECAB 10-0049): Knee claim denial and reconsideration refusal upheld
D.D., a postal supervisor, attributed a left knee condition to prolonged walking and standing at work after an earlier leg injury at home. OWCP denied his occupational disease claim for lack of medical proof of causation. The Board found that his physicians' reports diagnosed conditions without…
M.C. and U.S. Postal Service, Post Office, Huntsville, AL
M.C. (ECAB 09-2163): Emotional condition claim denial upheld
M.C., a postal mail carrier, attributed an emotional condition to supervisors' conduct, coworkers' bullying, and dissatisfaction after moving to a new work location. OWCP denied her claim for lack of an established compensable employment factor. The Board found that statements from coworkers…
S.H. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
S.H. (ECAB 09-1826): Consequential knee claim returned for medical clarification
S.H., a Navy shipyard education technician, had accepted lumbar conditions after a work injury. She claimed that a changed gait caused a right knee condition as a consequence of that injury. OWCP denied the claim after obtaining orthopedic opinions. The Board found that one doctor's opinion about…
Matter of David REZA-Murillo
Family Unity benefits are not an admission
The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge found him removable and denied his application for cancellation of removal. He argued that benefits under the Family Unity Program counted as an admission and started the required seven-year period of…
United States Department of Transportation, Federal Aviation Administration, Great Lakes Region, Des Plaines, Illinois (Respondent) and National Air Traffic Controllers Association, AFL-CIO (Charging Party/Union)
FAA Great Lakes Region and NATCA (FLRA CH-CA-08-0266): Union communication remedy upheld
The FAA's Great Lakes Region barred employees from circulating union materials and seeking petition signatures during nonworking time, threatened discipline, and limited a local union president's discussions with employees about legislative issues. The agency failed to answer the unfair labor…
Juanita Spangler, on behalf of the Estate of Fred Spangler, v. Donna Kay Coal Company, Incorporated, doing business as Maynard Hogg, and Bituminous Casualty Corporation
Spangler v. Donna Kay Coal (BRB 09-0725 BLA): estate representative question remanded
Fred Spangler died while his black lung claim was pending, and his daughter-in-law Juanita sought to continue it for his estate. The employer had stipulated that Fred had complicated pneumoconiosis and was entitled to benefits, but argued Juanita had not shown authority to act for the estate. The…
LandCoast Insulation, Inc.
Settlement approved after scaffold-collapse case
The case arose after a 165-foot scaffold collapsed inside a boiler, killing one LandCoast employee and injuring several others. The judge had affirmed serious violations concerning scaffold-component training and the use of preliminary engineering drawings and unapproved component substitutions…
National Association of Independent Labor, Local 7 (Union) and United States Department of the Air Force, 4th Fighter Wing, Seymour Johnson Air Force Base, North Carolina (Agency)
Independent Labor Local 7 and Seymour Johnson Air Force Base (FLRA 0-NG-3061): Uniform proposals split
The 4th Fighter Wing required Air Reserve Technicians to wear military uniforms while working in civilian status. The union proposed civilian uniforms and agency cleaning services. The Authority held that the proposals requiring civilian uniforms would interfere too heavily with the Air Force's…
American Federation of Government Employees, Local 221 (Union) and United States Department of Veterans Affairs, Boston Healthcare System, Boston, Massachusetts (Agency)
AFGE Local 221 and VA Boston Healthcare System (FLRA 0-NG-2974): Tuberculosis testing proposals outside duty to bargain
The VA Boston Healthcare System proposed mandatory annual tuberculosis screening for employees. AFGE Local 221 offered five proposals that would preserve voluntary testing in some situations or provide exceptions to skin testing. The Authority dismissed the petition for certain Title 38 employees…
United States Department of Justice, Federal Bureau of Prisons, USP Administrative Maximum (ADX), Florence, Colorado (Agency) and American Federation of Government Employees, Local 1302, Council of Prison Locals (Union)
Florence ADX and AFGE Local 1302 (FLRA 0-AR-4612): Overtime exception dismissed because agency raised it too late
Correctional officers at Florence ADX won an arbitration award for ten minutes of overtime per shift for work before and after their shifts. The prison agency argued to the Authority that the award violated a regulation concerning activities lasting ten minutes or less. The Authority found the…
American Federation of Government Employees, Local 2823 (Union) and United States Department of Veterans Affairs, Medical Center, Cleveland Regional Office (Agency)
AFGE Local 2823 and Cleveland VA Regional Office (FLRA 0-AR-4610): Grievance dismissal set aside and sent back to arbitration
The union sought local bargaining over a skills certification program used for promotions at a VA regional office. An arbitrator dismissed the grievance as nonarbitrable, relying on a regional director's dismissal of a related unfair labor practice charge over national bargaining. The Authority…
American Federation of Government Employees, Local 1916 (Union) and United States Department of Energy, National Energy Technology Laboratory, Pittsburgh, Pennsylvania (Agency)
AFGE Local 1916 and National Energy Technology Laboratory (FLRA 0-AR-4547): Agency director need not attend bargaining sessions
The union challenged the National Energy Technology Laboratory's decision to send a chief negotiator instead of its director to bargaining over a drug testing program. The director's signature was required for a written agreement, so the union argued that only the director could serve as the…
United States Department of Justice, Federal Bureau of Prisons, Washington, D.C. (Agency) and American Federation of Government Employees, Council of Prison Locals #33 (Union)
Bureau of Prisons and Council of Prison Locals 33 (FLRA 0-AR-4427): Hurricane response pay and travel award upheld
Bureau of Prisons employees helped evacuate prisoners and support facilities during Hurricanes Katrina and Rita. An arbitrator awarded pay for qualifying continuous shifts when employees had less than five hours of uninterrupted sleep, along with per diem or meal reimbursement in specified…
American Federation of Government Employees, Local 2382 (Union) and United States Department of Veterans Affairs, Medical Center, Phoenix, Arizona (Agency)
AFGE Local 2382 and Phoenix VA Medical Center (FLRA 0-AR-4419): Five-day suspension for inadequate sick leave evidence upheld
A housekeeping aide at the Phoenix VA Medical Center received a ten-day suspension after the agency found his doctor's note inadequate to support sick leave and accused him of returning late from a break. An arbitrator rejected the break charge but upheld discipline for the inadequate note…
United States Department of Energy, National Energy Technology Laboratory (Agency) and American Federation of Government Employees, Local 1916 (Union)
National Energy Technology Laboratory and AFGE Local 1916 (FLRA 0-AR-4357): Union awarded names of performance award recipients
The union asked the Department of Energy's National Energy Technology Laboratory for a list identifying employees who received performance awards, as provided in the parties' agreement. The agency supplied award amounts and other information without employee names, citing privacy concerns. An…
SPORT Air Traffic Controllers Organization (Union) and United States Department of the Air Force, Edwards Air Force Base, California (Agency)
SPORT Air Traffic Controllers Organization and Edwards Air Force Base (FLRA 0-AR-4340): Reconsideration of grievance dismissal denied
An arbitrator found that a grievance about filling a supervisory position at Edwards Air Force Base was outside the parties' grievance procedure. The Authority had denied the union's exceptions to that ruling. The union sought reconsideration, arguing that a certificate describing its bargaining…
Federal Deposit Insurance Corporation (Agency) and National Treasury Employees Union (Union)
FDIC and NTEU (FLRA 0-AR-4299): Travel rule remains in effect for time outside compensatory travel regulations
FDIC employees traveled from home to financial institutions for weeklong examinations. Under the agency's Shumway rule, travel beyond one hour before the Monday workday and one hour after the Friday workday was scheduled during duty time. The agency began applying new compensatory time regulations…
Quikrete Companies, Inc.
Reopening denied without prejudice
Quikrete Companies failed to timely contest penalties for two citations and attributed the failure to absent decision makers and a misunderstanding. The Secretary opposed reopening because that explanation was conclusory. The Commission agreed that Quikrete had not explained its normal contest…
Basic Materials Corporation
Misrouted penalty contest reopened
After receiving a proposed penalty, the safety director for BMC Aggregates sent the contest to an MSHA district office instead of the Civil Penalty Compliance Office. The company promptly sought reopening after discovering the routing error. The Secretary did not oppose relief. The Commission…
Dolezal Sand & Gravel
Reopening request dismissed as moot
Dolezal Sand & Gravel asked the Commission to reopen a proposed penalty assessment that it believed might have become final. The Secretary's records showed that the company had timely contested the assessment and that an active penalty case was already proceeding under a separate docket. Because…
Pinky's Aggregates, Inc.
Second reopening request denied
Pinky's Aggregates failed to timely contest penalties for three citations and said the proposed assessment had been misplaced. The Commission first denied reopening without prejudice because that explanation lacked sufficient detail and invited a supported second request. The company then…
Johnny R. Wilson, widow of Herman T. Wilson, Sr., v. Bethlehem Steel Corporation and St. Paul Travelers/Abercrombie, Simmons & Gillette of Florida, Incorporated
Wilson v. Bethlehem Steel (BRB 09-0851): widow's additional benefits claim denied
Herman Wilson received permanent partial disability benefits for a work-related neck injury before he died of unrelated lymphoma in 2008. His widow Johnny sought continued payments based on a 1983 letter from the employer's administrator describing the survivor benefit rule then in force. The Board…
Quincy and Susan Urso, parents of Wesley J. Urso, v. MVM, Incorporated and Continental Insurance Company/CNA International
Urso v. MVM (BRB 09-0831, 09-0831A, and 09-0831B): parents awarded death benefits
Wesley Urso died in Beirut, where he worked as an overseas contractor and lived on United States Embassy grounds. After a tattoo appointment, he took pain medication and died from an overdose that may have triggered an arrhythmia; the judge also found a pre-existing heart condition contributed to…
National Federation of Federal Employees, Local 1442 (Union) and United States Department of the Army, Letterkenny Army Depot, Chambersburg, Pennsylvania (Agency)
NFFE Local 1442 and Letterkenny Army Depot (FLRA 0-AR-4624): Grievance over supervisory selections held nonarbitrable
Letterkenny Army Depot placed two bargaining unit employees into supervisory positions without competitive selection procedures. The union grieved the selections under contract provisions on promotions and details. An arbitrator found the grievance outside the parties' negotiated grievance…
United States Department of Agriculture, Forest Service, Monongahela National Forest (Agency) and National Association of Government Employees, Local R4-88 (Union)
Monongahela National Forest and NAGE Local R4-88 (FLRA 0-AR-4477): Protective boot reimbursement award upheld
Employees working with contractors in Monongahela National Forest wore protective steel-toed boots on uneven ground and construction sites. The Forest Service stopped reimbursing a worker for boots, arguing that workplace safety rules did not require it to pay for footwear that could be worn away…
United States Department of the Navy, Naval Undersea Warfare Center Division, Newport, Rhode Island (Agency) and National Association of Government Employees, Local R1-134, Federal Union of Scientists and Engineers, Local R1-144 (Unions)
Naval Undersea Warfare Center and NAGE and FUSE locals (FLRA 0-AR-4405): Bargaining required before ending bottled water practice
The Navy's Newport undersea warfare center supplied bottled water after finding lead-contaminated fountains and later extended the practice to other buildings. It stopped supplying water after testing fountains and deciding their water was safe. An arbitrator found that the agency had to bargain…
Matter of Graciela QUILANTAN
Procedural entry can satisfy admission requirement
The Board reviewed a Mexican respondent's appeal after an Immigration Judge found her removable and pretermitted her application to adjust status. The Board held that an applicant seeking adjustment of status need only show a procedurally regular entry to establish that she was admitted, and need…
Social Security Administration (Agency) and American Federation of Government Employees (Union)
Social Security Administration and AFGE (FLRA 0-AR-4144): Reduction of employee suspension set aside
The Social Security Administration suspended a claims representative for two days after finding that her conduct toward a manager was discourteous and disruptive. An arbitrator found just cause for discipline but reduced the suspension to a reprimand and awarded backpay, reasoning that earlier…
Town of Bethel
Final penalty assessment reopened
The Town of Bethel asked the Commission to reopen a proposed penalty assessment that had become a final order after no timely contest. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Martin Marietta Materials, Inc.
Final penalty assessment reopened
Martin Marietta Materials asked the Commission to reopen a proposed penalty assessment that had become a final order after no timely contest. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Service Oil, Inc.
In re Service Oil, Inc. (EAB CWA Appeal No. 07-02): liability and penalty remanded to the ALJ
The EAB had previously upheld findings that Service Oil, Inc. violated the Clean Water Act by failing to apply for a permit before construction, discharging a pollutant without the required permit, and failing to conduct or document stormwater inspections. The Eighth Circuit later vacated the…
BMC Aggregates LC
Final assessments reopened
BMC Aggregates asked the Commission to reopen penalty assessments that had become final orders after no timely contests. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the matters and remanded them to the Chief Administrative Law Judge. It…
Pan American Electric, Inc.
Unreceived assessment remanded
MSHA's proposed penalty assessment and later delinquency notice were returned undelivered, and Pan American Electric learned of the assessment only when a collection agency contacted it. The contractor then sought reopening and submitted an address change. The Commission held that the assessment…
E.W. and U.S. Postal Service, Cornis Collins Processing & Delivery, Chicago, IL
E.W. (ECAB 10-0275): Back injury claim denied for lack of medical causation
E.W., a postal maintenance mechanic, reported a back pull while standing up after moving a vacuum hose at work. OWCP accepted that the incident happened but denied his injury claim for lack of medical proof of causation. One doctor's form checked a box linking the injury to work without explaining…
R.W. and U.S. Postal Service, Post Office, Alexandria, LA
R.W. (ECAB 10-0190): Recurrence claim after postal removal denied
R.W., a postal carrier, had an accepted left wrist and forearm condition and later worked in a limited-duty role. The postal service removed him in 2005 after finding he could not perform carrier duties, and he claimed a recurrence of disability. The Board found that his physician discussed later…
D.U. and Department of Veterans Affairs, Virginia Medical Center, St. Louis, MO
D.U. (ECAB 10-0144): Bilateral carpal tunnel claim denial upheld
D.U., a VA medical technologist, attributed bilateral carpal tunnel syndrome to repeated hand tasks and moving gas tanks. His surgeon linked the condition to work but did not describe the specific repetitive duties or reconcile disputed accounts of how often work tasks occurred. The Board found the…
J.O. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
J.O. (ECAB 10-0085): Compensation reduction for failure to cooperate affirmed
J.O., an Army chemical plant operator, received compensation after a work-related back injury. OWCP referred him for functional capacity evaluations to assess his ability to return to work, but all three produced unreliable results because of inconsistent effort. His attending neurosurgeon could…
J.T. and U.S. Postal Service, Post Office, Milwaukee, WI
J.T. (ECAB 10-0078): Bilateral arm impairment awards upheld
J.T., a postal mail handler, received treatment and surgery for accepted bilateral carpal tunnel syndrome. OWCP awarded compensation for two percent permanent impairment of each upper extremity, based on its medical adviser's application of the sixth edition of the A.M.A. Guides. The Board upheld…
M.P. and Department of Veterans Affairs, Veterans Administration Medical Center, St. Louis, MO
M.P. (ECAB 10-0054): Parking lot fall claim denial upheld
M.P., a VA practical nurse, slipped on ice while getting out of her truck in a parking lot near the clinic before her shift. OWCP denied her injury claim because the fall occurred while she was coming to work, outside the employer's premises. The Board found that the State of Missouri owned the…
B.J. and Department of Veterans Affairs, Coatesville Veterans Medical Center, Coatesville, PA
B.J. (ECAB 09-2135): Five percent left arm impairment award upheld
B.J. sought an additional schedule award for a left arm impairment after the Board had returned her case for a fuller medical evaluation. The impartial examiner measured motion in her left hand and wrist and again found five percent arm impairment. The Board corrected one finger-motion calculation…
T.E. and U.S. Postal Service, Post Office, Kansas City, MO
T.E. (ECAB 09-2040): Recurrence of disability claim denial upheld
T.E., a postal rural letter carrier, had accepted back conditions and worked in a modified position with permanent restrictions. She rejected a new limited-duty assignment in June 2008, saying its tasks exceeded those restrictions, and claimed a recurrence of total disability. Her attending…
R.M. and U.S. Postal Service, Post Office, North Topeka, KS
R.M. (ECAB 09-1231): Right arm impairment finding sends schedule award claim back to OWCP
R.M., a postal employee, sought a schedule award for right arm impairment after an accepted neck and shoulder injury. OWCP denied the claim, finding that his treating surgeon's impairment rating lacked adequate support, and later denied reconsideration. The Board found that the surgeon's…
Timothy S. Sheffer v. Advent Mining, LLC
Mine Act claim dismissed for no protected activity
Timothy Sheffer alleged that Advent Mining treated him unfairly and included him in a layoff because of a seizure disorder, an injured hand, and a supervisor's hostility. Judge Alan G. Paez liberally reviewed Sheffer's pro se filings but found no allegation that he made a mine-safety complaint or…
F.M., claiming as executrix of the estate of J.M., and Department of the Navy, Naval Submarine Base, Groton, CT
F.M. (ECAB 10-0225): Right arm impairment award remains at 24 percent
F.M., as executrix of J.M.'s estate, sought a greater schedule award for his right arm. After an earlier remand, the impartial medical specialist explained his range-of-motion measurements, why he did not add a separate pain rating, and why grip strength was an appropriate measure after elbow…
B.T. and U.S. Postal Service, Post Office, Charlotte, NC
B.T. (ECAB 10-0176): Back injury claim denied for lack of medical causation evidence
B.T., a postal rural route carrier associate, reported a back injury after a motor vehicle accident while driving home from work. On reconsideration, OWCP accepted that the accident occurred in the performance of duty but denied the claim for lack of medical proof of an injury caused by it. The…
S.S. and U.S. Postal Service, Post Office, Maple Grove, MN
S.S. (ECAB 10-0146): Later knee treatment not linked to accepted injury
S.S., a postal rural carrier, injured her right knee in a work-related vehicle accident in August 2005 and later returned to full duty. She sought additional knee treatment beginning in 2007 and claimed a recurrence of the accepted condition. Medical reports described later knee pain, buckling, and…
J.W. and Department of Justice, Bureau of Prisons, Coleman, FL
J.W. (ECAB 09-2089): Late reconsideration request did not show clear error
J.W., a prison cook supervisor, had accepted work-related back and anxiety conditions but was denied coverage for alleged aggravation of his hypertension and diabetes. He asked OWCP to reconsider that denial more than a year after the May 2008 merit decision. The Board applied the stricter…
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.