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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D.M. and Department of the Army, Civilian Personnel Advisory Center, Fort Stewart, GA
D.M. (ECAB 09-0284): Back claim and reconsideration denial upheld
D.M., an Army maintenance mechanic, claimed that bending, lifting, and other work duties worsened his back condition. OWCP treated his filing as a new occupational disease claim, separate from an earlier accepted back injury. The Board found that the submitted medical reports did not give a…
Secretary of Labor v. Consolidation Coal Company
Belt accumulation and preshift orders affirmed
MSHA cited hazardous coal accumulations, inadequate preshift examinations, and an unguarded pulley at Consolidation Coal's Loveridge No. 22 Mine. Judge Gary Melick found that the extensive belt accumulations were obvious, had existed over multiple shifts, and created serious fire hazards near…
Secretary of Labor v. Delta Sand & Gravel Co.
Fatal-accident penalties reopened
Delta Sand & Gravel missed the deadline to contest two penalties connected to a fatal accident and initially paid them after receiving a delinquency notice. Its first reopening request was denied because it did not explain why the assessment remained unpaid for months. Delta then explained that the…
Billy Brannon and Secretary of Labor on behalf of Billy Brannon v. Panther Mining, LLC and Mark D. Shelton
Billy Brannon and Secretary of Labor v. Panther Mining, LLC and Mark D. Shelton (FMSHRC KENT 2009-302-D and others): Job-performance discovery compelled
Billy Brannon alleged that Panther Mining and superintendent Mark D. Shelton threatened him, issued a warning, and moved him to a less desirable shift because of protected activity. He sought notes made by company employees before the meeting that triggered those actions. Judge David Barbour…
Joyce Touro, widow of Jesse Touro, v. Brown & Root Marine Operators and Brown & Root, Incorporated
Touro v. Brown & Root Marine Operators (BRB 09-0500): claim remanded for order against insolvent employer
Jesse Touro worked for Hugh O'Conner, Incorporated, and reported asbestos exposure while doing carpentry on a Brown & Root barge. After his death, his widow Joyce pursued his disability claim and a survivor's claim. Hugh O'Conner had dissolved, so she sought to hold Brown & Root liable as a general…
Bruce Christensen v. Stevedoring Services of America and Homeport Insurance Company
Christensen v. Stevedoring Services (BRB 03-0302): counsel's fee rate reset after court remand
The Ninth Circuit vacated the Board's earlier attorney fee orders because the Board had not adequately justified the hourly rate for Christensen's counsel. On remand, the Board used rates from the Portland legal market for workers' compensation, personal injury, and general civil litigation, taking…
C.B. and Department of the Army, Anniston Army Depot, Anniston, AL
C.B. (ECAB 09-1144): Left knee injury claim denied for lack of medical explanation
C.B., an Army equipment repairer on temporary duty in Iraq, claimed that a work incident injured his left knee. OWCP first denied the claim because it found the incident unproven. On review, OWCP accepted the incident but denied compensation because the medical evidence did not link it to his…
E.M. and U.S. Postal Service, Post Office, Richmond, CA
E.M. (ECAB 09-1094): Left knee claim denied after work incident accepted
E.M., a mail handler, reported left knee pain while sitting down and getting up at work. OWCP denied her claim, finding that she had not established the incident or a related injury. The Board found her account of the incident credible despite her supervisor's doubts. Her physician suggested that…
J.M. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.M. (ECAB 09-0974): Right arm award returned for clearer medical rating
J.M., a mail handler with accepted right arm and shoulder conditions, received a four percent right arm impairment award. Her physician rated the impairment substantially higher, while OWCP's medical adviser disagreed, so OWCP obtained an impartial specialist's opinion. The Board found that the…
G.S. and Department of Justice, U.S. Marshals Service, Arlington, VA
G.S. (ECAB 09-0848): Increased hearing loss claim returned for decision
G.S., a deputy U.S. marshal, received a schedule award for accepted hearing loss in 1997. Years later he submitted new audiograms and requested an award for increased hearing loss. OWCP treated the request as an untimely attempt to reconsider the old award. The Board found that a claim for later…
B.H. and Department of Homeland Security, Transportation Security Administration, Orlando, FL
B.H. (ECAB 09-0825): Cervical sprain benefit termination upheld
B.H., a transportation security screener, had an accepted cervical sprain after lifting luggage at work. OWCP ended benefits after a physician found no remaining signs of that sprain. The Board found that opinion well reasoned and upheld the termination. B.H. also claimed that the incident caused a…
W.J. and U.S. Postal Service, Post Office, Cincinnati, OH
W.J. (ECAB 09-0592): Two percent right leg award upheld
W.J., a mail handler, had an accepted knee condition and underwent surgery for a right meniscus tear. His treating surgeon and OWCP's medical adviser rated his right leg impairment at two percent based on the partial meniscectomy. He sought a higher award and submitted a report rating it at 10…
F.M. and U.S. Postal Service, Post Office, Des Moines, IA
F.M. (ECAB 09-0591): Wage loss benefit termination upheld
F.M., a postal sack sort operator, had an accepted back and groin injury and later worked reduced hours with partial wage loss benefits. OWCP ended those benefits after an impartial orthopedic specialist concluded he could perform his regular job for eight hours a day. The Board found the…
N.P. and U.S. Postal Service, Post Office, Austin, TX
N.P. (ECAB 09-0383): Fifteen percent right arm impairment award upheld
N.P., a postal clerk, had an accepted right shoulder injury and later received a 15 percent right arm impairment award. Her physician rated impairment higher, in part by assigning eight percent to limited shoulder rotation. The Board found that the applicable impairment guide assigned one percent…
E.G. and Department of the Treasury, Internal Revenue Service, El Monte, CA
E.G. (ECAB 09-0365): Additional wage loss for three periods denied
E.G., an IRS appointment clerk, had an accepted cervical strain and sought more wage loss compensation for three periods away from work. OWCP had already paid some time for medical appointments. The Board found that the remaining August 2007 absences lacked medical evidence tying them to disability…
American Federation of Government Employees, Council 236 (Union) and United States General Services Administration (Agency)
AFGE Council 236 and GSA (FLRA 0-AR-4564): Union arbitration exceptions denied
AFGE Council 236 challenged an arbitration award in a dispute with the General Services Administration. The Authority considered the union's exceptions under the standards for legal error, arbitrator authority, factual error, and interpretation of the labor agreement. It found no reason to set the…
Matter of Jose Alberto URENA
Bond requires a clear danger finding
The Board reviewed an Immigration Judge's order releasing a respondent from custody on a $15,000 bond. The Board held that a person who presents a danger to property or other people should remain detained without bond, and that an Immigration Judge should set a bond amount only after finding that…
D.J. and Department of Homeland Security, Transportation Security Administration, Orlando, FL
D.J. (ECAB 09-1196): Wage loss claim denied for lack of medical support
D.J., a transportation security officer, had accepted cervical and thoracic sprains from a work incident. He claimed wage loss for disability over roughly two months. The Board found that the submitted certificates did not give a reasoned medical explanation connecting inability to work on the…
J.W. and U.S. Postal Service, Atlanta Bulk Mail Center, Atlanta, GA
J.W. (ECAB 09-1085): Emotional condition claim filed too late
J.W., a retired postal distribution clerk, filed an emotional condition claim in November 2008. She stated that she knew of the condition and its asserted work connection in 1993, and she last worked in September 2005. The Board found that her claim came more than three years after her last…
D.M. and Department of Veterans Affairs, Carl Vinson Veterans Medical Center, Dublin, GA
D.M. (ECAB 09-1065): Patient rescue injury claim returned for medical review
D.M., a nurse, reported hurting her neck and back while catching a patient who was falling from a bed. OWCP rejected the account because the patient and another witness denied it. The Board found that their differing accounts did not outweigh D.M.'s account, supporting workplace reports, and a…
J.F. and Department of the Air Force, Air National Guard, Fort Worth, TX
J.F. (ECAB 09-1061): Exposure claim and emergency visit reimbursement denied
J.F., an aircraft cargo specialist, was exposed to waste water while servicing an aircraft and sought payment for an emergency room visit. OWCP accepted that the exposure happened but denied his FECA claim. The Board found no medical evidence that the exposure caused or worsened an identifiable…
S.G. and Department of Agriculture, Personnel Operations, Washington, DC
S.G. (ECAB 09-0942): Wage loss payments reduced to zero after return to work
S.G., an Agriculture Department employee, received disability compensation after a 1991 work injury. She returned to full time work in September 2008 and earned as much as the current pay for her original position. The Board found that her actual earnings fairly represented her capacity to earn…
G.F. and U.S. Postal Service, General Mail Facility, Detroit, MI
G.F. (ECAB 09-0697): Benefit termination returned for merit review
G.F., a former postal clerk, had accepted conditions from a head injury, and OWCP later terminated her benefits. An OWCP hearing representative upheld the termination but directed further medical development. OWCP then obtained an additional report from an impartial specialist yet denied…
S.G. and Department of Commerce, Census Bureau, Woodbridge, NJ
S.G. (ECAB 09-0521): Schedule award and reconsideration denials upheld
S.G., a Census Bureau enumerator, had an accepted cervical strain after striking her head on a sign at work. She sought a permanent impairment award for her arms and hands. The Board found that her medical evidence did not establish permanent impairment of a scheduled body member caused by the…
B.D. and Department of the Interior, Fish and Wildlife Service, Valley Stream, NY
B.D. (ECAB 09-0356): Termination of compensation reversed
B.D., an Interior Department legal assistant, had accepted lumbar and left knee injuries and received compensation. OWCP ended her benefits after its second opinion surgeon said the accepted conditions had resolved. Her treating physician disagreed and attributed continued disability to the work…
C.H. and U.S. Postal Service, Post Office, Orlando, FL
C.H. (ECAB 09-0026): Unreported day care work led to forfeiture and overpayment
C.H., a postal worker receiving disability compensation, helped run her daughter's day care business while repeatedly reporting that she had no work or business activity. She said she had received no pay, but the Board found that her management, accounting, and other services were reportable work…
Secretary of Labor v. Active Minerals International, LLC
Timely misdirected contest reopened
Active Minerals intended to contest penalties for five citations within the 30-day period but mailed its contest to the local MSHA district office instead of the Civil Penalty Compliance Office identified on the assessment form. The Secretary did not oppose reopening. The Commission noted that the…
Secretary of Labor v. Moran Environmental Recovery
Final assessment reopened after misaddressed contest
Moran Environmental Recovery said it mailed its penalty contest on time but used the wrong MSHA address. It said it did not learn of the error until after the 30-day contest period expired. Moran submitted documentation indicating that the mailing was timely, and the Secretary did not oppose…
Secretary of Labor v. Hanson Aggregates Midwest, LLC
Conference request did not preserve penalty contest
Hanson Aggregates asked its local MSHA office for a conference on two citations but did not separately contest the associated penalties within 30 days. The district office later reported that it had lost the conference request, and Hanson had mistakenly believed the request also preserved its…
C.M. and U.S. Postal Service, Post Office, Richmond, VA
C.M. (ECAB 09-1634): Total disability recurrence claim denied
C.M., a postal mail handler, had accepted bilateral carpal tunnel syndrome and left trigger thumb, underwent surgery, and returned to modified work. She later stopped working and claimed that those accepted conditions caused a recurrence of total disability. The Board found no reasoned medical…
B.L. and U.S. Postal Service, Post Office, San Antonio, TX
B.L. (ECAB 09-1088): Late request for written record review denied
B.L., a postal carrier, requested review of the written record after OWCP reduced her wage loss payments to zero based on her actual earnings. She sent the request almost a year after the decision. The Board found that she had been told of the 30 day filing period and that the request was late…
C.M. and U.S. Postal Service, Post Office, Richmond, VA
C.M. (ECAB 09-0909): Five percent left arm award upheld
C.M., a postal mail handler, had accepted bilateral carpal tunnel syndrome and left trigger thumb and received a five percent left arm impairment award. She sought a higher award, pointing to symptoms and lost work opportunities. The Board found that OWCP's medical adviser properly used clinical…
L.B. and U.S. Postal Service, Post Office, Canton, MI
L.B. (ECAB 09-0804): Depression benefit termination reversed
L.B., a former postal carrier, had an accepted major depression claim arising from workplace harassment. OWCP later ended her wage loss and medical benefits after its examining psychiatrist said the condition had resolved. The Board found that her treating psychiatrist's contrary reports carried…
L.P. and Smithsonian Institution, National Museum of the American Indian, Washington, DC
L.P. (ECAB 09-0774): Shuttle fall injury claim denied for lack of medical link
L.P., a management support assistant, fell while getting off a shuttle between Smithsonian work sites. OWCP accepted that the fall happened but denied her claim because the medical evidence did not adequately connect it to an injury. The Board found that an emergency physician noted a right leg…
J.C. and U.S. Postal Service, Processing and Distribution Center, Philadelphia, PA
J.C. (ECAB 09-0734): Recurrence claim after modified job ended denied
J.C., a postal mail processor, had accepted neck, upper back, and right shoulder strains and later worked in a modified position. When the employer withdrew that position, she claimed a recurrence of disability. The Board relied on an impartial specialist's opinion that the accepted injury had no…
D.B. and Department of the Air Force, Air National Guard, Wisconsin National Guard, Madison, WI
D.B. (ECAB 09-0390): Emotional condition claim partly returned for review
D.B., an Air National Guard employee, claimed an emotional condition arising from workplace events and harassment. The Board found that an arbitrator had determined a March 2005 reprimand violated a labor agreement, making that event a compensable workplace factor. It also directed OWCP to obtain…
R.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Lyons, NJ
R.H. (ECAB 09-0318): Termination of leg injury benefits reversed
R.H., a nursing assistant, sustained an accepted left calf laceration and cellulitis. A persistent leg ulcer and later gangrene led to a left above-the-knee amputation. OWCP ended compensation after examining physicians attributed her current disability to diabetes and vascular disease. The Board…
L.R. and Department of the Navy, Naval Air Warfare Center, Patuxent River, MD
L.R. (ECAB 09-0232): Right arm impairment claim returned for medical review
L.R., a Navy employee, had accepted right arm and nerve conditions from a work injury and sought a permanent impairment award. A physician referred by OWCP rated right arm impairment, while OWCP's medical adviser disputed the work connection of the condition underlying that rating. The Board found…
Secretary of Labor v. Carmeuse Lime Inc.
One-day-late contest reopened
Carmeuse Lime mailed its contest of two penalties one day after the statutory deadline. The employee responsible for contests had been traveling during much of the filing period and had assumed extra duties after the regional manager suddenly resigned. Carmeuse supplied a detailed account of those…
Brannon v. Panther Mining, LLC
Partial summary decision denied in discrimination cases
Panther Mining sought partial summary decision against Billy Brannon in consolidated discrimination cases. It argued that Brannon's complaints about an alleged assault, his state lawsuit and request for state discipline, and the resulting state investigation were not protected by the Mine Act. It…
B.C. and Department of Homeland Security, Immigration & Customs Enforcement, Boston, MA
B.C. (ECAB 09-901): Back injury claim denial affirmed
B.C., an Immigration and Customs Enforcement field office director, reported back and leg pain after lifting a crate of files at work in May 2004. OWCP accepted that the lifting incident occurred but denied the claim because the medical evidence did not connect a diagnosed condition to it. The…
Secretary of Labor v. Fisher Sand & Gravel Company
Reopening request dismissed as moot
Fisher Sand & Gravel asked the Commission to contest a citation four days after receiving the proposed penalty assessment. MSHA then told Fisher that the statutory contest period remained open through September 16, 2009. Fisher filed a formal contest on September 15, so the assessment never became…
Secretary of Labor v. Bayer Construction Company, Inc.
Timely cover-letter contest recognized
Bayer Construction asked to reopen penalties it believed had become final. The Secretary's record review showed that Bayer had timely contested the penalties in a cover letter accompanying payment for other penalties, even though it omitted the assessment form. MSHA corrected its records and…
Secretary of Labor v. American Mobile Aggregate Crushing
Undelivered assessment reopened
American Mobile Aggregate Crushing said it never received MSHA's proposed penalty assessment and first learned of it through a delinquency notice. The Secretary confirmed that the assessment had been returned to MSHA undelivered and did not oppose reopening. She also emphasized that operators must…
R.S. and U.S. Postal Service, Post Office, Farmer City, IL
R.S. (ECAB 09-0941): Carpal tunnel claim denied for lack of medical evidence
R.S., a Postal Service letter carrier, claimed that years of carrying and sorting mail caused carpal tunnel syndrome. OWCP accepted that he performed the described mail duties but asked for a medical report explaining the condition and its connection to his work. R.S. did not submit the requested…
W.W. and U.S. Postal Service, Post Office, Cheboygan, MI
W.W. (ECAB 09-828): Left shoulder claim returned for impartial review
W.W., a Postal Service letter carrier, injured his right shoulder and wrist in a fall at work and later sought coverage for a left shoulder condition, surgery, and disability. OWCP denied the additional claim based on an impartial examiner’s opinion that the left shoulder problem was unrelated to…
L.R. (widow of E.R.) and Department of the Air Force, Edwards Air Force Base, CA
L.R. (ECAB 09-805): Survivor claim returned for a new medical opinion
L.R. sought survivor benefits after her husband, an Air Force welder, died of lung cancer. The medical dispute was whether his welding work caused or contributed to the cancer and death. OWCP’s impartial specialist attributed the death to cigarette smoking, while another physician submitted…
T.S. and U.S. Postal Service, Post Office, Syracuse, NY
T.S. (ECAB 09-791): Wage earning capacity and late hearing denial upheld
T.S., a Postal Service carrier with accepted knee conditions, sought to change a 2002 ruling that his wages in a modified job represented his earning capacity. He reported worsening pain and later missed intermittent work because the employer said it had no work within his restrictions. The Board…
O.D. and U.S. Postal Service, Post Office, Southeastern, PA
O.D. (ECAB 09-707): Wage loss denial and reconsideration refusal upheld
O.D., a Postal Service mail processor, injured her left heel at work and later returned to a seated, modified assignment. She stopped working again and sought wage loss compensation for early 2008. The Board found that she had not shown a change in her job duties or supplied a reasoned medical…
S.B. (surviving parent of D.B.) and U.S. Postal Service, Post Office, Hillsdale, NJ
S.B. (ECAB 09-706): Parent’s dependency established in part, benefits remanded
S.B. sought surviving parent benefits after her son, a Postal Service mail carrier, died following surgery for an accepted work injury. OWCP denied her claim because she no longer owned the home where she lived and it treated her son’s housing payments as payments on his own property. The Board…
J.B. and Department of Veterans Affairs, Veterans Administration Medical Center, St. Louis, MO
J.B. (ECAB 09-643): Nurse’s wage earning capacity ruling upheld
J.B., a Veterans Affairs staff nurse, injured her right ankle at work and later returned to a modified nursing position. OWCP found in 2002 that her actual wages represented her wage earning capacity and reduced her compensation to zero. When she reported worsening ankle symptoms in 2008, she asked…
R.A. and Department of Agriculture, Food Safety Inspection Service, Waterloo, IA
R.A. (ECAB 09-552): Disability claim sent back for a new medical examination
R.A., a Department of Agriculture food inspector, sought compensation after January 26, 2002 for a temporary aggravation of tarsal tunnel syndrome caused by prolonged standing at work. OWCP denied the claim based on a physician’s report from an impartial examination. R.A. submitted records showing…
D.C. and U.S. Postal Service, Post Office, Melville, NY
D.C. (ECAB 09-31): Compensation termination reversed
D.C., a Postal Service distribution operations supervisor, injured her back and neck when a coworker pushed a mail carrier into her. OWCP accepted cervical and lower back sprains but later terminated her compensation after an independent medical examination. The Board found that the treating doctor…
Matter of Mohamed RAJAH
Standards for continuances tied to employment petitions
The Board reconsidered a respondent's request to continue removal proceedings while an employment-based visa petition or labor certification was pending. It held that an Immigration Judge must first determine the respondent's place in the adjustment-of-status process, then weigh the factors…
D.C. and Department of Homeland Security, Transportation Security Administration, Atlantic City, NJ
D.C. (ECAB 09-1070): Air marshal’s benefits termination reversed
D.C., a federal air marshal, had an accepted work-related collapsed lung and later received compensation for disability. OWCP stopped his medical and wage-loss benefits after finding that the lung condition had resolved and his flying restriction was only precautionary. The Board found that the…
J.F. and U.S. Postal Service, Processing & Distribution Center, Memphis, TN
J.F. (ECAB 09-1053): Back and knee occupational disease claim denied
J.F., a Postal Service mail handler, said that lifting and moving mail trays at a sorting machine caused low back and right knee problems. OWCP denied her occupational disease claim. The Board found that her knee MRI showed conditions but did not address whether work caused them, while physical…
E.R. and U.S. Postal Service, Post Office, Cadman Plaza East, Brooklyn, NY
E.R. (ECAB 09-0943): Claimed recurrence of neck injury disability denied
E.R., a Postal Service special delivery messenger, sustained an accepted neck injury in a 1978 work related vehicle accident. He later claimed that the injury caused total disability beginning in June 2006. OWCP denied the recurrence claim, and the Board affirmed because the record lacked adequate…
A.V. and U.S. Postal Service, Post Office, Chicago, IL
A.V. (ECAB 09-0935): Total disability claim denied for insufficient medical proof
A.V., a Postal Service mail handler, injured her right knee in a fall at work. OWCP accepted a right knee and lower leg contusion, then also accepted left knee and low back conditions as consequences of that injury. A.V. sought wage loss compensation for total disability beginning May 10, 2008. Her…
R.E. and U.S. Postal Service, Post Office, Cleveland, OH
R.E. (ECAB 09-0868): Right knee occupational disease claim denied
R.E., a Postal Service letter carrier, claimed that years of delivering mail caused or aggravated a right knee condition. OWCP denied this occupational disease claim, while a separate claim for a 2005 knee injury remained distinct. The Board found that his surgeon initially attributed the condition…
L.H. and U.S. Postal Service, North Philadelphia Station, Philadelphia, PA
L.H. (ECAB 09-0862): No additional arm impairment award
L.H., a Postal Service worker with accepted bilateral carpal tunnel syndrome, sought larger schedule awards for permanent impairment of both arms. Earlier Board decisions had sent the case back to resolve conflicting medical ratings and clarify whether he had motor loss. The impartial physician…
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.