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

A.B. and U.S. Postal Service, Post Office, Ahoskie, NC

A.B. (ECAB 09-1899): Termination of wage-loss and medical benefits reversed

A.B., a postal clerk, had an accepted influenza infection at work that aggravated an existing blood condition. OWCP terminated her wage-loss and medical benefits based on an impartial physician’s opinion that the work-related aggravation had resolved. The Board found the physician’s report too…

April 14, 2010 ·ECAB
Vacated
COMM

G.S. and U.S. Postal Service, Postal Inspection Service, Washington, DC

G.S. (ECAB 09-1872): Carbon monoxide exposure claim denial affirmed

G.S., a postal inspector, attributed headaches and other symptoms to possible carbon monoxide exposure at a Chicago work site. Testing later found high levels of carbon monoxide in parts of the building, but it was performed after he had transferred elsewhere. The Board found that he had submitted…

April 14, 2010 ·ECAB
Affirmed
COMM

J.C. and Naval Reserve Officers Training Corps Unit, University of Texas Austin RAS 104, Austin, TX

J.C. (ECAB 09-1630): Workplace mold exposure claim denial affirmed

J.C., a human resource assistant, attributed several symptoms and medical conditions to mold at her workplace. OWCP denied the claim because the record did not establish that she was exposed to mold there. The Board found no evidence identifying when and where that exposure occurred or showing that…

April 14, 2010 ·ECAB
Affirmed
COMM

R.J. and U.S. Postal Service, Post Office, Isle, MN

R.J. (ECAB 09-1414): Left arm compensation termination reversed

R.J., a postal rural carrier, received benefits for accepted left arm and shoulder conditions. OWCP ended his compensation after an impartial physician attributed ongoing work restrictions to preexisting conditions rather than the accepted injury. The Board found the physician’s reports…

April 14, 2010 ·ECAB
Vacated
COMM

E.W. and U.S. Postal Service, Post Office, Philadelphia, PA

E.W. (ECAB 09-1116): Wrist disability recurrence denial affirmed

E.W., a postal letter carrier, had accepted wrist conditions and sought compensation for a claimed recurrence of total disability. After an earlier Board remand, OWCP obtained a fuller report from the impartial physician about the period from November 2005 through April 2006. The physician found…

April 14, 2010 ·ECAB
Affirmed
COMM

F.T. and Department of the Air Force, Air National Guard, Cranston, RI

F.T. (ECAB 09-2097): Hearing loss and tinnitus award denial affirmed

F.T., a retired Air National Guard mechanic, attributed hearing loss and ringing in his right ear to aircraft noise at work. OWCP accepted the hearing loss but denied a schedule award. The Board found that the physician’s audiogram produced zero percent ratable loss under the applicable impairment…

April 13, 2010 ·ECAB
Affirmed
COMM

C.R. and Department of Homeland Security, Transportation Security Administration, St. Rose, LA

C.R. (ECAB 09-1947): Knee injury claim denial affirmed

C.R., a transportation security officer, reported twisting her left knee when she stood after screening a passenger. OWCP accepted that the work incident occurred but denied her injury claim. Her physician diagnosed knee conditions and attributed them to the incident. The Board found that the…

April 13, 2010 ·ECAB
Affirmed
COMM

B.A. and U.S. Postal Service, Post Office, Crystal Lake, IL

B.A. (ECAB 09-1931): Overpayment amount sent back for calculation

B.A., a postal clerk, received two schedule awards covering the same right arm impairment and overlapping dates. OWCP treated the full $23,699.46 paid under one award as an overpayment and denied a waiver. The Board agreed that the overlap created an overpayment but found that OWCP had not shown…

April 13, 2010 ·ECAB
Remanded
COMM

C.M. and U.S. Postal Service, Post Office, Cleveland, OH

C.M. (ECAB 09-1902): Foot and leg disability recurrence denial affirmed

C.M., a postal carrier, had accepted work-related aggravations of foot and leg conditions. She sought compensation for total disability after stopping limited-duty work in April 2008. Her physician said she could not work, but the Board found his reports did not explain how the accepted conditions…

April 13, 2010 ·ECAB
Affirmed
COMM

R.S. and Social Security Administration, Office of Disability Adjudication & Review, Atlanta, GA

R.S. (ECAB 09-1884): Continuation of pay denial for later injury affirmed

R.S., a Social Security Administration claims representative, had an accepted work-related shoulder injury. She later fractured a foot while at her doctor’s office to obtain a letter supporting work accommodations for that injury. OWCP accepted the fracture as a consequence of the shoulder injury…

April 13, 2010 ·ECAB
Affirmed
COMM

M.R. and U.S. Postal Service, Post Office, Calumet City, IL

M.R. (ECAB 09-1867): Shoulder injury claim denial affirmed

M.R., a postal maintenance worker, reported left shoulder pain after moving a mail container onto a dock. OWCP accepted that the incident occurred but denied her injury claim. The Board found that her physician documented pain and time off work without giving a firm diagnosis or explaining how the…

April 13, 2010 ·ECAB
Affirmed
COMM

B.W. and U.S. Postal Service, Post Office, Houston, TX

B.W. (ECAB 09-1658): Denial of lower back condition claim affirmed

B.W., a postal customer service representative, said she developed a lower back condition after moving supplies in a cluttered supply room. OWCP denied her occupational disease claim, and a hearing representative upheld the denial. The Board found that her doctors diagnosed back and nerve…

April 13, 2010 ·ECAB
Affirmed
COMM

D.S. and U.S. Postal Service, Post Office, Olathe, KS

D.S. (ECAB 09-1235): Shoulder impairment awards sent back for medical review

D.S., a postal worker with accepted shoulder conditions, received schedule awards for 24 percent impairment of her right arm and 8 percent of her left arm. Her physician assessed greater impairment by adding ratings for the brachial plexus, while OWCP’s medical adviser rejected those additions. The…

April 13, 2010 ·ECAB
Remanded
COMM

C.V. and U.S. Postal Service, South Jersey Processing & Distribution Center, Bellmawr, NJ

C.V. (ECAB 09-1076): Three percent left leg impairment award affirmed

C.V., a postal mail handler, fractured a bone in her left foot at work and later received a schedule award for three percent impairment of her left leg. Her doctor rated the impairment at 11 percent, while an OWCP medical adviser rated it at six percent. An impartial examiner found no remaining…

April 13, 2010 ·ECAB
Affirmed
COMM

Christy S. Sparks v. Service Employees International, Incorporated

Sparks v. Service Employees International (BRB 09-0649): bankruptcy omission does not bar benefits claim

Christy Sparks filed a Defense Base Act claim for an injury she said she sustained while working for Service Employees International in Iraq. She later filed for bankruptcy but did not list the pending benefits claim. An administrative law judge held that omission barred her from pursuing benefits…

April 12, 2010 ·BRB
Remanded
COMM

C.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Sioux Falls, SD

C.M. (ECAB 09-2077): Partial disability compensation denial affirmed

C.M., a Veterans Affairs food service worker, strained her lower back while lifting a box and later returned to unrestricted work. She sought compensation when her work hours were reduced several months later. The Board found that her physicians’ notes did not explain how the accepted strain caused…

April 12, 2010 ·ECAB
Affirmed
COMM

B.H. and U.S. Postal Service, Post Office, Fort Washington, MD

B.H. (ECAB 09-2037): Refusal to reopen wage-loss claim affirmed

B.H., a postal worker, sought wage-loss compensation following an accepted work-related emotional condition. OWCP denied compensation for the disputed period, and he requested reconsideration. The Board reviewed only OWCP’s refusal to reopen the claim, since the appeal came too late for review of…

April 12, 2010 ·ECAB
Affirmed
COMM

M.L. and U.S. Postal Service, Processing & Distribution Center, Big Beaver, MI

M.L. (ECAB 09-1976): Late reconsideration denial affirmed

M.L., a postal worker with an accepted groin strain, sought coverage for a back condition and surgery after earlier denials. He requested reconsideration more than one year after OWCP’s last decision on the merits. A surgeon submitted a report supporting a work-related back condition, but the Board…

April 12, 2010 ·ECAB
Affirmed
COMM

M.R. and U.S. Postal Service, Post Office, San Diego, CA

M.R. (ECAB 09-1811): Wage-earning capacity reduction reversed

M.R., a postal distribution clerk with accepted neck conditions, returned to light duty before that position was withdrawn. OWCP reduced his compensation after a vocational counselor identified hospital unit clerk work as an available job. M.R. argued that transporting patients in wheelchairs or…

April 12, 2010 ·ECAB
Vacated
COMM

J.R. and Department of Agriculture, U.S. Forest Service, Tonasket Ranger District, Tonasket, WA

J.R. (ECAB 09-1684): Overpayment finding sent back for pay-rate review

J.R., a seasonal Forest Service worker, received disability compensation after surgery for an accepted knee injury. OWCP later said it had paid him $733.23 too much because it used the wrong pay rate. The Board found that OWCP relied on one pay-rate calculation without comparing it with J.R.’s…

April 12, 2010 ·ECAB
Remanded
COMM

M.M. and U.S. Postal Service, Post Office, Malta, NY

M.M. (ECAB 09-1615): Vehicle accident injury claim denial affirmed

M.M., a rural mail carrier, reported pain after another vehicle struck his delivery vehicle. OWCP denied his traumatic injury claim, and a hearing representative upheld the denial. The Board found that his treating doctor did not give a specific diagnosis or a reasoned explanation of how the…

April 12, 2010 ·ECAB
Affirmed
COMM

T.B. and Department of Defense, Marine Corps Base, Quantico, VA

T.B. (ECAB 09-1504): Six percent right ear hearing award affirmed

T.B., an equipment operator at a Marine Corps base, reported hearing loss and tinnitus after workplace noise exposure. OWCP accepted his tinnitus claim and awarded compensation for six percent hearing loss in his right ear. The Board found that OWCP’s medical adviser correctly applied the…

April 12, 2010 ·ECAB
Affirmed
COMM

W.B. and Department of the Army, Commissary, Bamberg, Germany

W.B. (ECAB 09-1440): Wage reduction upheld, overpayment fault finding set aside

W.B. returned to federal work as a pharmacy technician after receiving compensation for a foot injury. OWCP reduced his wage-loss compensation to reflect his new earnings and found that he had been overpaid $3,282.08 during the transition. The Board upheld the wage reduction and the fact and amount…

April 12, 2010 ·ECAB
Mixed result
COMM

K.M. and U.S. Postal Service, Post Office, Houston, TX

K.M. (ECAB 09-1127): Termination of injury benefits reversed

K.M., a postal letter carrier, received compensation for accepted back, neck and shoulder sprains after a fall at work. OWCP terminated her benefits after relying on a doctor it described as an impartial examiner. The Board found that this doctor had actually been appointed for a second opinion, so…

April 12, 2010 ·ECAB
Vacated
ALJ

American Bridge Company

Connector fall violation affirmed as serious

An American Bridge ironworker fell about 70 feet from a steel girder after unhooking his fall-protection lanyard. The judge found constructive knowledge because the foreman was nearby, supervisors had seen workers untied on prior occasions, and the project owner had repeatedly warned American…

April 12, 2010 ·Ken S. Welsch ·OSHRC
Mixed result
COMM

Los Mestenios Compressor Station

In re Los Mestenios Compressor Station (EAB CAA Appeal No. 09-01): petition dismissed with prejudice

Williams Four Corners, LLC withdrew its petition challenging the Clean Air Act Title V permit for the Los Mestenios Compressor Station. The withdrawal followed negotiations with EPA Region 6, which proposed a revised permit and issued a final permit on April 1, 2010. The Environmental Appeals Board…

April 9, 2010 ·EPA EAB
Procedural
COMM

E.G. and Department of the Air Force, Air Force Logistic Center, Hill Air Force Base, UT

E.G. (ECAB 09-2033): Compensation reduction based on driving work affirmed

E.G., an Air Force painter, received compensation for accepted arm and wrist conditions from repetitive work. OWCP reduced his compensation after a vocational counselor identified escort vehicle driving as suitable work available in his commuting area. The Board found that his physician’s later…

April 9, 2010 ·ECAB
Affirmed
COMM

L.B. and Department of the Navy, Navy Public Works Department, San Diego, CA

L.B. (ECAB 09-1989): Reconsideration denial set aside for merits review

L.B., a Navy worker, sought to add several medical conditions to his accepted injury claim. OWCP denied that request and later refused to reopen the matter after he submitted more medical reports. The Board found that the reports included new, relevant evidence about whether the additional…

April 9, 2010 ·ECAB
Remanded
COMM

C.A. and U.S. Postal Service, Post Office, Pittsburgh, PA

C.A. (ECAB 09-1979): Increased impairment claim sent back for review

C.A., a postal letter carrier, received a schedule award for six percent impairment of her right arm after an accepted rotator cuff tear. She later submitted a physician’s report assessing 15 percent impairment and identifying a later date of maximum medical improvement. OWCP treated her request as…

April 9, 2010 ·ECAB
Remanded
COMM

E.A. and U.S. Postal Service, Post Office, Kissimmee, FL

E.A. (ECAB 09-1873): New back and knee injury claim denial affirmed

E.A., a postal worker with an earlier accepted back and knee injury, claimed a new disability after returning to regular work with a lifting restriction. OWCP treated his claim as a new injury claim because he attributed it to duties performed after his return. His surgeon described a permanent…

April 9, 2010 ·ECAB
Affirmed
COMM

K.A. and Department of Agriculture, Forest Service, Mountlake Terrace, WA

K.A. (ECAB 09-1686): Right hip recurrence claim denial affirmed

K.A., a Forest Service worker, injured her hip during a required fitness test while carrying a 45-pound pack. OWCP accepted right hip bursitis, but years later she sought treatment for diagnosed labral tears. Her doctors linked the tears to the earlier injury, yet the Board found their explanations…

April 9, 2010 ·ECAB
Affirmed
COMM

J.A. and U.S. Postal Service, Post Office, Philadelphia, PA

J.A. (ECAB 09-1542): Arm impairment upheld, award dates sent back

J.A., a postal worker with an accepted right shoulder injury, sought compensation for later periods away from work and a larger schedule award. The Board found no reasoned medical opinion establishing that the accepted injury caused the claimed disability recurrences. It also gave weight to an…

April 9, 2010 ·ECAB
Mixed result
COMM

W.C. and U.S. Postal Service, Mid-America Performance Cluster, Kansas City, MO

W.C. (ECAB 09-1362): Hand impairment award sent back for medical review

W.C., a postal maintenance mechanic, received a schedule award for 12 percent right hand impairment after a machine crushed his hand. A treating surgeon later measured greater loss of motion across several fingers, but OWCP’s medical adviser rejected the report and kept the earlier rating. The…

April 9, 2010 ·ECAB
Remanded
COMM

D.V. and U.S. Postal Service, Post Office, Brooklyn, NY

D.V. (ECAB 09-1011): Knee resolution upheld, benefit termination reversed

D.V., a postal letter carrier, received compensation for accepted knee and back conditions after a work injury. OWCP ended his benefits after an impartial examiner said he had recovered. The Board found that the examiner’s report adequately supported resolution of the left knee sprain. For the…

April 9, 2010 ·ECAB
Mixed result
COMM

J.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Loma Linda, CA

J.J. (ECAB 09-975): Suitable work refusal ruling affirmed

J.J., a Veterans Affairs worker, had previously lost wage-loss compensation after refusing a modified nurse assistant coordinator job. She asked OWCP to reconsider, saying prescription pain medication made the offered work unsuitable. The Board found that her treating doctor’s brief statement…

April 9, 2010 ·ECAB
Affirmed
COMM

United States Department of Housing And Urban Development, Portland, Oregon (Agency) and American Federation of Government Employees, Local 3917 (Union)

HUD Portland and AFGE Local 3917 (FLRA 0-AR-4333): volunteer leave award upheld

A HUD employee in Portland requested administrative leave to volunteer at his son's public school, but the agency denied his requests and he used annual leave. An arbitrator found that the volunteer agreement covered the activity and ordered HUD to restore his annual leave. The Authority rejected…

April 9, 2010 ·FLRA
Upheld
COMM

D.M. and U.S. Postal Service, Post Office, Coppell, TX

D.M. (ECAB 09-2088): Wage-earning capacity request sent back for review

D.M., a postal worker with accepted shoulder injuries, asked OWCP to change a 2006 decision based on her earnings in a modified job. She said her injury-related condition had worsened and submitted new medical evidence. OWCP treated her letter as a late request to reconsider the old decision and…

April 8, 2010 ·ECAB
Remanded
COMM

W.A. and U.S. Postal Service, Post Office, Warner Robins, GA

W.A. (ECAB 09-1965): Work-related stress claim denial affirmed

W.A., a postal postmaster, attributed stress-related health problems to his supervisor’s conduct, a negative performance appraisal and reassignment. OWCP denied his emotional condition claim because he had not established a compensable work factor. The Board found no supporting evidence for his…

April 8, 2010 ·ECAB
Affirmed
COMM

J.S. and Department of the Air Force, Wright-Patterson Air Force Base, OH

J.S. (ECAB 09-1820): Late vaccine injury reconsideration denial affirmed

J.S., an Air Force intelligence specialist, claimed that a yellow fever vaccination caused dizziness and other symptoms. OWCP denied the injury claim in 2007. He requested reconsideration in 2009 and submitted a neurologist’s report linking the symptoms to the vaccine. The Board found the request…

April 8, 2010 ·ECAB
Affirmed
COMM

J.S. and U.S. Postal Service, Post Office, Millville, NJ

J.S. (ECAB 09-1774): Bilateral arm impairment award affirmed

J.S., a postal letter carrier with accepted carpal tunnel syndrome in both arms, received a schedule award for 10 percent impairment of each arm. His doctor proposed a higher rating by adding loss of pinch strength to the rating for sensory deficits. An impartial examiner found pain in both hands…

April 8, 2010 ·ECAB
Affirmed
COMM

L.H. and Department of the Navy, Naval Shipyard, Norfolk, VA

L.H. (ECAB 09-1764): Right shoulder schedule award denial affirmed

L.H., a Navy equipment mechanic supervisor, injured his right shoulder while shoveling snow at work. A doctor initially estimated 20 percent right arm impairment, and an OWCP medical adviser estimated 19 percent. The doctor later concluded that the accepted shoulder strain had resolved and that a…

April 8, 2010 ·ECAB
Affirmed
COMM

T.W. and Department of the Army, U.S. Army Corps of Engineers, Fountain City, WI

T.W. (ECAB 09-1681): Left knee recurrence claim denial affirmed

T.W., a former Army Corps deckhand, injured his left knee at work in 1991 and returned to full duty in 1992. He sought wage-loss compensation and medical treatment for knee symptoms he said recurred in 2007. The Board found no treatment record bridging the long gap and no reasoned physician opinion…

April 8, 2010 ·ECAB
Affirmed
COMM

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

C.C. (ECAB 09-1649): Right leg impairment award sent back for clarification

C.C., a postal letter carrier, had an accepted lower back condition and received a schedule award for one percent impairment of her right leg. A second opinion doctor described sensory loss associated with two spinal nerve roots but did not clearly apply the impairment guide to calculate a rating…

April 8, 2010 ·ECAB
Remanded
COMM

W.E. and U.S. Postal Service, Post Office, Waterford, NJ

W.E. (ECAB 09-1614): Post-resignation disability claim sent back for review

W.E., a postal letter carrier with an accepted back injury, resigned while a limited-duty position remained available. He later sought compensation for disability after his resignation. OWCP denied the claim because a job offered after his resignation had been withdrawn for cause. The Board found…

April 8, 2010 ·ECAB
Remanded
COMM

D.D. and Department of Veterans Affairs, America Lake Veterans Hospital, Tacoma, WA

D.D. (ECAB 09-1603): Back treatment authorization denial affirmed

D.D., a Veterans Affairs medical supply technician, had an accepted back strain with left radiculopathy. After earlier treatment, she requested another epidural injection and physical therapy. Her treating doctor recommended them, but the Board found his report relied on an incorrect injury date…

April 8, 2010 ·ECAB
Affirmed
COMM

D.K. and U.S. Postal Service, Post Office, West Bloomfield, MI

D.K. (ECAB 09-2002): Left knee injury claim denial affirmed

D.K., a postal letter carrier, said he injured his left knee when he slipped on a ramp while working. OWCP denied the claim, and the Board had upheld an earlier denial before this appeal. D.K. submitted later reports from his orthopedic surgeon, who said there appeared to be some causal…

April 7, 2010 ·ECAB
Affirmed
COMM

K.B. and U.S. Postal Service, Post Office, Little Rock, AK

K.B. (ECAB 09-1975): Termination for refusing suitable work affirmed

K.B., a postal rural carrier associate, had an accepted back injury and had undergone two surgeries. OWCP terminated her compensation after she refused a modified position it found suitable, and the Board upheld that termination in two earlier appeals. She sought reconsideration with a physician’s…

April 7, 2010 ·ECAB
Affirmed
COMM

R.I. and U.S. Postal Service, Post Office, San Carlos, CA

R.I. (ECAB 09-1926): Off-duty back injury claim denial affirmed

R.I., a postal maintenance worker, had an accepted earlier back injury. He reported a new episode of back pain after sneezing while getting out of his personal vehicle on a Saturday when he was off duty. OWCP treated his filing as a new injury claim and denied it because the event did not occur in…

April 7, 2010 ·ECAB
Affirmed
COMM

J.G. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA

J.G. (ECAB 09-1714): Lung impairment claim returned for medical review

J.G., a former naval shipyard inspector, had an accepted claim for pleural thickening from asbestos exposure. He sought a schedule award for permanent lung impairment, and his physician estimated a 20 percent impairment. OWCP denied the claim, citing gaps in the physician’s explanation, his cardiac…

April 7, 2010 ·ECAB
Remanded
COMM

T.P. and Department of the Army, Fort Monmouth, NJ

T.P. (ECAB 09-1562): Leg impairment award affirmed, reconsideration remanded

T.P., an Army safety specialist, injured his back in a work fall and received a schedule award for permanent impairment of both legs. He argued that the impairment percentages were too low. The Board found that an impartial physician’s reasoned examination supported the four percent left leg and…

April 7, 2010 ·ECAB
Remanded
COMM

C.R. and U.S. Postal Service, Post Office, Milwaukee, WI

C.R. (ECAB 09-1492): Late reconsideration denial affirmed

C.R., a postal clerk, had accepted left arm and neck conditions and sought authorization for cervical spine surgery. OWCP had denied surgery, and she asked for reconsideration more than a year after its last merits decision. The Board found the request untimely. It also found that her later medical…

April 7, 2010 ·ECAB
Affirmed
COMM

V.S. and U.S. Postal Service, D. Schatz Station, Houston, TX

V.S. (ECAB 09-1433): Recurrence denial and hearing abandonment affirmed

V.S., a postal letter carrier, had accepted back and right knee conditions and returned to modified duty. She claimed a recurrence of disability beginning June 2, 2008. The Board found that her medical reports did not explain how those accepted conditions prevented her from performing the modified…

April 7, 2010 ·ECAB
Affirmed
COMM

J.E. and U.S. Postal Service, Processing & Distribution Center, Oakland, CA

J.E. (ECAB 09-1407): Compensation reduction for rehabilitation refusal rejected

J.E., a postal mail handler with accepted carpal tunnel syndrome, was offered a light-duty position. OWCP reduced her compensation to zero after she did not consistently report for the position, treating this as refusal to cooperate with vocational rehabilitation. The Board found that the…

April 7, 2010 ·ECAB
Vacated
COMM

D.R. and U.S. Postal Service, Post Office, Springfield, IL

D.R. (ECAB 09-1390): Left shoulder injury claim denial affirmed

D.R., a postal automation clerk, said she injured her left shoulder while lifting a mail container at work. OWCP denied her claim for lack of medical evidence linking a diagnosed condition to that incident. The Board found that one physician’s check mark on a form did not explain causation, and the…

April 7, 2010 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency)

AFGE Local 1547 and Luke Air Force Base (FLRA 0-NG-3023): bargaining ordered on base shopping access

AFGE Local 1547 proposed allowing civilian employees at Luke Air Force Base to shop at the commissary and base exchange and to bring dependents as guests. The Authority held that the shopping proposals concerned employees' working conditions and that federal law did not remove the Air Force's…

April 7, 2010 ·FLRA
Mixed result
COMM

American Federation of Government Employees Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency)

AFGE Local 1547 and Luke Air Force Base (FLRA 0-NG-2937): dining proposals require bargaining

AFGE Local 1547 proposed changes to club membership and access to dining facilities at Luke Air Force Base. Its proposals would set one club membership price for civilian employees, remove a credit card and Social Security number requirement for joining, and let employees use two base dining halls…

April 7, 2010 ·FLRA
Set aside
COMM

M.H. and U.S. Postal Service, Post Office, Reno, NV

M.H. (ECAB 09-1184): Schedule award for reproductive impairment affirmed

M.H., a postal letter carrier, underwent back surgery after an accepted work injury. OWCP later accepted retrograde ejaculation as a consequence of the injury and surgery and awarded compensation for 18 percent permanent impairment of the penis. M.H. sought a higher rating. The Board found that the…

April 6, 2010 ·ECAB
Affirmed
COMM

T.W. and Department of Veterans Affairs, Carl Vinson Medical Center, Dublin, GA

T.W. (ECAB 09-2039): Overpayment fault finding set aside

T.W., a VA respiratory therapist, returned to work after an accepted elbow injury but received a check that included total disability compensation for days after her return. The Board agreed that this created an overpayment. OWCP had also deducted $276.44 for insurance premiums in error and offset…

April 6, 2010 ·ECAB
Remanded
COMM

K.G. and U.S. Postal Service, Post Office, San Leandro, CA

K.G. (ECAB 09-1966): Bilateral arm impairment award affirmed

K.G., a postal letter carrier, developed accepted carpal tunnel syndrome in both hands and underwent surgery. OWCP awarded compensation for 16 percent permanent impairment of each arm, covering 99.84 weeks. She appealed for a higher rating. The Board found that the examining surgeon used the…

April 6, 2010 ·ECAB
Affirmed
COMM

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

W.J. (ECAB 09-1919): Occupational back injury denial affirmed

W.J., a postal employee, attributed chronic lower back pain to repeated bending while working at a mail sorting machine. OWCP denied his occupational disease claim for lack of medical proof connecting a condition to those duties. The Board found that work restriction notes with illegible signatures…

April 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.