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.

63,539 decisions and counting · Latest decision October 28, 2026
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COMM

B.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Brick, NJ

B.H. (ECAB 09-0820): Left leg impairment award sent back for medical review

B.H., a Veterans Affairs housekeeping aide with an accepted lumbar sprain aggravation, received a schedule award for three percent impairment of his left leg. He sought a higher award, and his treating physician estimated substantially greater impairment. The Board found problems with the treating…

November 12, 2009 ·ECAB
Remanded
COMM

V.S. and U.S. Postal Service, Post Office, Stony Brook, NY

V.S. (ECAB 09-0738): Termination of shoulder injury compensation affirmed

V.S., a Postal Service supervisor, received compensation after a 2006 work incident aggravated his preexisting right rotator cuff condition. OWCP later terminated his benefits, finding that the work related aggravation had resolved. His treating surgeon disagreed, but an impartial orthopedic…

November 12, 2009 ·ECAB
Affirmed
COMM

M.T. and Department of Transportation, Federal Aviation Administration, William J. Hughes Technical Center, Atlantic City, NJ

M.T. (ECAB 09-0716): Back surgery and expanded injury claim denied

M.T., a Federal Aviation Administration employee with accepted injuries from 1995 and 1997, sought authorization for lumbar fusion surgery and recognition of degenerative disc disease as work related. His treating surgeon attributed the condition and need for surgery to the earlier injuries, while…

November 12, 2009 ·ECAB
Affirmed
COMM

M.B. and U.S. Postal Service, Post Office, Ranch Cucamonga, CA

M.B. (ECAB 09-0567): Benefit termination upheld, continuing disability sent back

M.B., a Postal Service supervisor, received benefits after a 2002 fall at work caused several accepted physical injuries. The Board found that OWCP properly ended those benefits in November 2003 because a second opinion examination supported a finding that she then had no remaining injury related…

November 12, 2009 ·ECAB
Mixed result
COMM

F.A. and U.S. Postal Service, Post Office, Mobile, AL

F.A. (ECAB 09-1049): Total knee replacement authorization denied

F.A., a Postal Service letter carrier, had an accepted work related right knee meniscus tear and later sought authorization for a total knee replacement. His treating surgeon described substantial pain but did not clearly recommend the proposed surgery as medically necessary. An OWCP second opinion…

November 10, 2009 ·ECAB
Affirmed
COMM

W.P. and U.S. Postal Service, Post Office, Wilmington, DE

W.P. (ECAB 09-1043): Knee impairment award set aside for further medical review

W.P., a Postal Service letter carrier, injured his right knee when it struck a mail tray, and OWCP accepted a knee strain. OWCP awarded compensation for five percent permanent impairment of his right leg. W.P. submitted a physician’s report rating the impairment at 15 percent, including separate…

November 10, 2009 ·ECAB
Remanded
COMM

C.C. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA

C.C. (ECAB 09-1042): Shoulder injury claim denied for lack of reasoned causation evidence

C.C., a Defense Logistics Agency packer, attributed a right shoulder condition to repeated heavy lifting, hammering, and packing at work. Her physician diagnosed a torn rotator cuff and other shoulder conditions and performed surgery, but his reports did not explain medically how her duties caused…

November 10, 2009 ·ECAB
Affirmed
COMM

L.P. and U.S. Postal Service, Post Office, Reedville, VA

L.P. (ECAB 09-0910): Compensation termination for refusing suitable work upheld

L.P., a Postal Service letter carrier with accepted bilateral carpal tunnel syndrome, had worked in a modified rural carrier position after left hand surgery. A treating surgeon later reduced her hours, but an OWCP second opinion surgeon found she could perform the modified work for eight hours a…

November 10, 2009 ·ECAB
Affirmed
COMM

K.D. and U.S. Postal Service, Berger Post Office, Jersey City, NJ

K.D. (ECAB 09-0824): Benefit forfeiture upheld, overpayment amount sent back

K.D., a Postal Service carrier receiving compensation for an accepted back condition, helped run a daycare center while reporting no work or volunteer activity on benefit forms. Although he was unpaid, the center’s owner said she would have needed to pay someone else to do his work. The Board held…

November 10, 2009 ·ECAB
Mixed result
COMM

J.C. and U.S. Postal Service, Post Office, Industry, CA

J.C. (ECAB 09-0670): Dependent benefit overpayment and repayment upheld

J.C., a Postal Service mail processor receiving compensation for accepted work injuries, continued to receive the higher rate for a worker with a dependent after her daughter stopped attending school. The Board held that her daughter no longer qualified as a student dependent after July 15, 2005…

November 10, 2009 ·ECAB
Affirmed
COMM

J.F. and Department of the Army, Anniston Army Depot, Ashville, AL

J.F. (ECAB 09-0642): Hearing loss award sent back for medical clarification

J.F., an Army Depot heavy equipment mechanic, previously received a schedule award for 15 percent binaural hearing loss. He sought an additional award, and an OWCP specialist said there was no appreciable change since an earlier hearing test. The same specialist’s new test calculated 17.5 percent…

November 10, 2009 ·ECAB
Remanded
COMM

P.L. and U.S. Postal Service, Post Office, St. Petersburg, FL

P.L. (ECAB 09-0594): Additional massage therapy authorization denied

P.L., a Postal Service automation clerk, had accepted shoulder and neck injuries after a workplace accident and received massage therapy for many years. His physician requested another year of therapy, three times a week, saying it reduced pain and improved movement. The Board found that the…

November 10, 2009 ·ECAB
Affirmed
COMM

W.A. and Tennessee Valley Authority, Division of Operations Support, Surgoinsville, TN

W.A. (ECAB 09-0548): Compensation suspension after missed examination upheld

W.A., a Tennessee Valley Authority crane operator receiving compensation for accepted injuries, missed an OWCP psychiatric examination. He wrote that he was hospitalized and being transferred between hospitals on the appointment date, and his sister had called OWCP before the examination. OWCP had…

November 10, 2009 ·ECAB
Affirmed
COMM

United States Department of the Navy, Aviation Support Detachment, Norfolk, Virginia (Agency) and National Association of Independent Labor(Petitioner/Labor Organization) and American Federation of Government Employees, Local 53 (Incumbent Labor Organization)

Norfolk Navy detachment and competing unions (FLRA WA-RP-07-0042): Election objections rejected

After a tied mail ballot, employees at a Norfolk Navy detachment voted in person on whether AFGE Local 53 or the National Association of Independent Labor would represent them. The latter won fourteen votes to four. AFGE objected to the election, citing information requests, observer limits…

November 9, 2009 ·FLRA
Upheld
COMM

Y.R. and Department of Defense, Naval Station Commissary, San Diego, CA

Y.R. (ECAB 09-0994): Traumatic injury claim denial upheld after inconsistent reporting

Y.R., a commissary clerk, claimed that lifting and stocking items at work injured her back and left knee. OWCP denied the claim, and its hearing representative upheld that denial. The Board accepted that confusion between April 25 and April 27 explained some inconsistencies in her dates. It…

November 9, 2009 ·ECAB
Affirmed
COMM

Y.S. and U.S. Postal Service, Post Office, New Orleans, LA

Y.S. (ECAB 09-0964): Overpayment decision reversed for missing entitlement findings

Y.S., a postal letter carrier, received compensation after a work-related lumbar sprain. She told OWCP that she had resigned and started work as a schoolteacher, but payments continued. OWCP declared a $4,202.12 overpayment for the period after her new job began and refused to waive recovery. The…

November 9, 2009 ·ECAB
Remanded
COMM

K.S. and Department of the Navy, Naval Submarine Base, Groton, CT

K.S. (ECAB 09-0833): No additional left leg schedule award after impartial examination

K.S., a Navy hazardous waste handler, sought a larger schedule award for impairment of his left leg after accepted injuries. He had already received an award for three percent impairment of that leg. Following an earlier Board remand, OWCP obtained a report from an impartial orthopedic surgeon who…

November 9, 2009 ·ECAB
Affirmed
COMM

W.M. and Department of Health & Human Services, Social Security Administration, Office of Central Operations, Baltimore, MD

W.M. (ECAB 09-0733): Herniated disc claim denied for lack of medical causation evidence

W.M., a Social Security Administration materials handler, injured his back when a power jack pulled him against a warehouse doorway. OWCP accepted a lumbar sprain, but later denied his claim that the incident caused a herniated disc requiring surgery. The Board affirmed because an MRI scan from…

November 9, 2009 ·ECAB
Affirmed
COMM

K.W. and U.S. Postal Service, Post Office, Smithville, AR

K.W. (ECAB 09-0726): Off-premises lunch trip held outside the performance of duty

K.W., a postmaster, was seriously injured in a car accident while driving off the post office premises to buy lunch. She argued that her salaried, exempt status meant she was covered during the trip. The Board affirmed OWCP's denial because she had fixed work hours, her lunch period was unpaid, and…

November 9, 2009 ·ECAB
Affirmed
COMM

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

T.L. (ECAB 09-0644): Disability and surgery claim denied after impartial medical review

T.L., a postal employee, had an accepted work-related aggravation of degenerative lumbar disc disease and sought wage-loss compensation and coverage for back surgeries. Her doctors and OWCP's referral physician disagreed about whether the disability and surgeries were related to her work. OWCP…

November 9, 2009 ·ECAB
Affirmed
COMM

P.L. and U.S. Postal Service, Bulk Mail Center, Jersey City, NJ

P.L. (ECAB 09-0541): Additional neurological and spinal conditions denied

P.L., a postal dock clerk, fell at work and OWCP accepted facial injuries and a subdural hematoma. He later asked OWCP to recognize additional problems with balance, cognition, and his lower back as consequences of that fall. His physician reported those problems but also noted a prior stroke and…

November 9, 2009 ·ECAB
Affirmed
COMM

A.T. and U.S. Postal Service, Post Office, Palantine, IL

A.T. (ECAB 09-0518): Arm impairment dispute sent back for a proper rating

A.T., a postal employee, had already received schedule awards totaling 44 percent impairment of his right arm. His physician and an OWCP physician gave conflicting ratings, so OWCP obtained an impartial orthopedic examination. The impartial examiner found no additional ratable impairment, and OWCP…

November 9, 2009 ·ECAB
Remanded
COMM

W.B. and U.S. Postal Service, Post Office, New York, NY

W.B. (ECAB 09-0458): Shoulder impairment rating sent back for a new impartial examination

W.B., a postal employee, received a schedule award for 16 percent right arm impairment after accepted shoulder injuries and surgery. Her physicians disagreed with OWCP's medical adviser about the degree of impairment, so OWCP obtained an impartial orthopedic evaluation. The Board found that the…

November 9, 2009 ·ECAB
Remanded
COMM

M.T. and Department of the Army, Army Reserve, Fort Buchanan, PR

M.T. (ECAB 09-0208): Stroke claim sent back for translation of evidence

M.T., an Army Reserve human resources specialist, claimed that workplace stress contributed to a stroke. OWCP acknowledged one work factor, overtime in September 2007, but denied the claim for lack of medical causation evidence. The record also contained medical reports and a workplace email with…

November 9, 2009 ·ECAB
Remanded
ALJ

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 2009-1259-D and others): Discovery compelled with privilege protection

Panther Mining moved to compel Billy Brannon to identify witnesses, documents, and facts supporting his consolidated discrimination claims. Judge David F. Barbour required fuller answers and document production for many factual allegations, while denying repetitive or already satisfied requests…

November 6, 2009 ·David F. Barbour ·FMSHRC
Procedural
COMM

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

M.F. (ECAB 09-1102): Postal carrier's fall established, but injury claim still denied

M.F., a postal letter carrier, reported that she tripped while delivering mail and later sought compensation for hip and back symptoms. OWCP denied the claim, and its hearing representative questioned whether the fall had occurred. The Board found that the work incident was established because no…

November 6, 2009 ·ECAB
Affirmed
COMM

J.M. and U.S. Postal Service, Post Office, Phoenix, AZ

J.M. (ECAB 09-1082): Refusal to reopen knee claim upheld

J.M., a postal employee, sought compensation for a knee condition after stepping off a curb while delivering mail. OWCP accepted that the incident occurred but denied the claim for lack of evidence connecting it to her knee condition. She asked OWCP to reconsider and submitted another note from her…

November 6, 2009 ·ECAB
Affirmed
COMM

R.C. and Department of the Air Force, Beale Air Force Base, CA

R.C. (ECAB 09-0976): Accepted hearing loss did not qualify for a schedule award

R.C., an Air Force aircraft mechanic, had accepted hearing loss from years of workplace noise exposure and sought a schedule award. An examining specialist found hearing loss and tinnitus, but the measured losses at the frequencies used for awards produced a zero percent impairment in each ear. The…

November 6, 2009 ·ECAB
Affirmed
COMM

L.P. and Tennessee Valley Authority, Widows Creek Fossil Plant, Chattanooga, TN

L.P. (ECAB 09-0899): Hearing loss award denied while hearing aid eligibility remained

L.P., a Tennessee Valley Authority maintenance supervisor, had accepted work-related hearing loss and sought a schedule award. OWCP's medical adviser applied the A.M.A. Guides to a specialist's audiogram and calculated zero percent ratable loss in each ear. The Board affirmed the award denial…

November 6, 2009 ·ECAB
Affirmed
COMM

V.B. and U.S. Postal Service, Post Office, Kings Mountain, NC

V.B. (ECAB 09-0893): Overpayment and waiver denial upheld after missing financial records

V.B., a postal employee receiving wage-loss compensation, returned to full-time light-duty work while a compensation payment still covered later days. OWCP found an overpayment, found her without fault, and denied waiver because she had not supplied records supporting the income and expenses on her…

November 6, 2009 ·ECAB
Affirmed
COMM

L.N. and Department of Veterans Affairs, Veterans Administration, Medical Center, San Juan, PR

L.N. (ECAB 09-0879): Refusal to reopen recurrence claim upheld

L.N., a Veterans Affairs supply clerk, claimed that she had a recurrence of disability related to an accepted thoracic sprain. OWCP denied the recurrence claim, and she asked it to reconsider. Her new submissions concerned a changed work schedule and workstation location. The Board affirmed OWCP's…

November 6, 2009 ·ECAB
Affirmed
COMM

H.M. and U.S. Postal Service, Post Office, Fort Worth, TX

H.M. (ECAB 09-0864): Recurrence of total disability claim denied

H.M., a postal maintenance mechanic, returned to light-duty work after an accepted back injury and surgery. He later stopped work and claimed that worsening back and leg symptoms caused a recurrence of total disability. The Board affirmed OWCP's denial because his doctors' reports did not explain…

November 6, 2009 ·ECAB
Affirmed
COMM

B.S. and U.S. Postal Service, Bulk Mail Center Annex, Atlanta, GA

B.S. (ECAB 09-0542): Eight percent left arm impairment award upheld

B.S., a postal clerk with accepted cervical radiculopathy aggravated by work, sought a larger schedule award for his left arm. OWCP had awarded five percent impairment and later added three percent, for a total of eight percent. His treating physician proposed a 20 percent rating but did not…

November 6, 2009 ·ECAB
Affirmed
COMM

R.T. and Tennessee Valley Authority, John Sevier Steam Plant, Rogersville, TN

R.T. (ECAB 09-0534): Wage-loss and medical benefit termination upheld

R.T., a Tennessee Valley Authority worker, had received compensation for an accepted 1972 back injury and later worked as a teacher. OWCP reduced his wage-loss compensation to zero and ended medical benefits after a referral surgeon found no remaining effects of the accepted injury. The Board…

November 6, 2009 ·ECAB
Affirmed
COMM

B.O. and U.S. Postal Service, Big Rapids Post Office, Big Rapids, MI

B.O. (ECAB 09-0424): Emotional condition claim denied for lack of a substantiated work factor

B.O., a postal clerk working in a limited-duty position after an earlier accepted injury, claimed that management actions and work demands caused an emotional condition and worsened her symptoms. She alleged harassment, an unsuitable office relocation, excessive work, and assignments beyond her…

November 6, 2009 ·ECAB
Affirmed
ALJ

Peter J. Phillips v. A & S Construction Company

Alcohol-safety retaliation claim dismissed

Peter Phillips alleged that A & S Construction fired him after he complained that a scraper operator reported to work under the influence of alcohol. Judge Richard W. Manning denied Phillips a second continuance because an earlier hearing had already been postponed to let him seek counsel, Phillips…

November 5, 2009 ·Richard W. Manning ·FMSHRC
Other
COMM

Gene A. Wilson

In re Gene A. Wilson (EAB SDWA Appeal No. 08-09): appeal dismissed with prejudice

Gene A. Wilson appealed an Initial Decision arising from an EPA administrative enforcement action under the Safe Drinking Water Act. The action concerned alleged violations at a well he owned near Collier Creek in Lawrence County, Kentucky. Wilson and EPA Region 4 told the Board that they had…

November 5, 2009 ·EPA EAB
Settled
COMM

C.E. and Department of the Army, William Beaumont Army Medical Center, El Paso, TX

C.E. (ECAB 09-1054): Schedule award extended by two days

C.E., an Army medical center food service worker, had accepted arm and neck conditions and received a schedule award after reaching maximum medical improvement on January 2, 2008. OWCP ended the award period on February 5 because it had terminated her monetary compensation after she refused…

November 5, 2009 ·ECAB
Modified
COMM

J.M. and U.S. Postal Service, Post Office, Uhrichsville, OH

J.M. (ECAB 09-0993): Back injury claim denied despite accepted delivery incident

J.M., a postal letter carrier, said he felt a crack in his lower back while bending to place a parcel on a porch. OWCP accepted that this incident occurred but denied his claim for a lumbar herniated disc. The Board affirmed because his treating physicians diagnosed and treated the condition…

November 5, 2009 ·ECAB
Affirmed
COMM

C.W. and Department of Justice, Bureau of Prisons, Adelanto, CA

C.W. (ECAB 09-0958): Duplicate leg award overpayment and waiver denial upheld

C.W., a Bureau of Prisons employee, had already received schedule awards covering 24 percent impairment of his left leg. After another knee injury, OWCP mistakenly paid him $43,976.74 for a 17 percent rating of the same leg, even though that degree of impairment had already been compensated. The…

November 5, 2009 ·ECAB
Affirmed
COMM

C.E. and U.S. Postal Service, Post Office, Islandia, NY

C.E. (ECAB 09-0947): Wage-loss overpayment and fault finding upheld

C.E., a postal processing clerk, continued to receive wage-loss compensation after returning to full-time limited-duty work without wage loss. OWCP found an overpayment of $16,120.72 for the period covered by those later checks. The Board upheld that amount and found C.E. at fault because OWCP had…

November 5, 2009 ·ECAB
Affirmed
COMM

L.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Memphis, TN

L.S. (ECAB 09-0914): Shoulder disability recurrence claim denied

L.S., a Veterans Affairs health technician, had an accepted right shoulder strain after restraining a patient. She later claimed renewed disability, and medical imaging showed a rotator cuff tear and degenerative shoulder changes. Her orthopedic surgeon diagnosed and discussed treatment of those…

November 5, 2009 ·ECAB
Affirmed
COMM

T.H. and Department of Defense, Defense Contract Audit Agency, Indianapolis, IN

T.H. (ECAB 09-0770): Occupational spine claim denied for lack of a reasoned medical link

T.H., a Defense Contract Audit Agency auditor, claimed that years of sitting and other work activities caused or aggravated degenerative conditions of his spine. He also described pain after moving items into a new office, an incident considered in an earlier appeal. The Board affirmed OWCP's…

November 5, 2009 ·ECAB
Affirmed
COMM

H.B. and U.S. Postal Service, Post Office, LaCrosse, WI

H.B. (ECAB 09-0748): Denial of reconsideration of suitable-work case affirmed

H.B., a Postal Service distribution clerk, lost wage-loss compensation after OWCP found that he had refused suitable modified work. He asked OWCP to reconsider, disputing its assessment of his medical restrictions and other facts, but submitted no new evidence. The Board reviewed only OWCP's…

November 5, 2009 ·ECAB
Affirmed
COMM

C.E. and Department of the Army, William Beaumont Army Medical Center, El Paso, TX

C.E. (ECAB 09-0725): Compensation termination for refusing suitable work affirmed

C.E., a medical center food service worker, received compensation for accepted hand and cervical conditions. The Army offered her a sedentary office clerk job within the limits set by an impartial orthopedic examiner, but she declined after electing disability retirement. The Board found that the…

November 5, 2009 ·ECAB
Affirmed
COMM

T.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Grand Island, NE

T.H. (ECAB 09-0664): Suspension for missing a medical examination affirmed

T.H., a Veterans Affairs nursing assistant, sought approval for spinal fusion surgery after an accepted back injury. OWCP scheduled an impartial examination to resolve conflicting medical opinions about the surgery's connection to work, but T.H. did not attend. The Board found that OWCP reasonably…

November 5, 2009 ·ECAB
Affirmed
COMM

CH2M Hill Plateau Remediation Company, LLC, Hanford Nuclear Reservation

In re CH2M Hill Plateau Remediation Company, LLC (EAB NPDES Appeal No. 09-08): petition dismissed as moot

EPA Region 10 issued CH2M Hill Plateau Remediation Company, LLC, an NPDES permit for the Hanford Nuclear Reservation. CH2M petitioned for review of one permit condition, Part I.B.2. EPA later withdrew that condition and began the process for a new draft permit, so the Board dismissed the petition…

November 4, 2009 ·EPA EAB
Procedural
ALJ

Secretary of Labor v. Cloverlick Coal Company, LLC

Cylinder and ventilation citations reduced

MSHA cited Cloverlick Coal for unsafe compressed-gas cylinder storage, a broken acetylene gauge, an inadequate on-shift examination, and failure to follow its ventilation plan. Judge T. Todd Hodgdon affirmed all four violations. He removed the S&S designations from the two cylinder citations…

November 4, 2009 ·T. Todd Hodgdon ·FMSHRC
Modified
COMM

Matter of Lael MARTINEZ ESPINOZA

Drug paraphernalia may qualify for a waiver

The Board reviewed a respondent's appeal after an Immigration Judge found that a Minnesota conviction for possessing drug paraphernalia made him inadmissible and barred adjustment of status. The Board held that a drug paraphernalia conviction can trigger inadmissibility under the…

November 4, 2009 ·BIA
Mixed result
COMM

J.B. and U.S. Postal Service, Post Office, Newark, NJ

J.B. (ECAB 09-1096): Hip and leg occupational disease claim denied

J.B., a Postal Service letter carrier, claimed that years of walking, climbing stairs, standing, and carrying mail caused conditions in both hips and legs. His physician attributed his complaints to those duties and diagnosed a back condition, but did not explain how the work activities medically…

November 4, 2009 ·ECAB
Affirmed
COMM

R.S. and U.S. Postal Service, Post Office, Tualatin, OR

R.S. (ECAB 09-1093): Shoulder recurrence claim and reconsideration denied

R.S., a retired Postal Service worker, claimed that a 1992 accepted left shoulder injury caused renewed disability beginning in June 2008. His physician reported shoulder pain and recommended an MRI, but did not diagnose the current condition or explain how the accepted injury caused the claimed…

November 4, 2009 ·ECAB
Affirmed
COMM

A.M. and U.S. Postal Service, Post Office, Dumont, NJ

A.M. (ECAB 09-1040): Package-lifting injury claim denied for lack of medical causation

A.M., a Postal Service clerk, reported neck and left shoulder problems after lifting packages during a March 18, 2008 shift. OWCP accepted that she performed the lifting but denied the injury claim for lack of medical proof connecting it to a diagnosed condition. The Board found that her physicians…

November 4, 2009 ·ECAB
Affirmed
COMM

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

R.G. (ECAB 09-1005): Arm impairment dispute sent for independent evaluation

R.G., a Norfolk Naval Shipyard worker with accepted bilateral carpal tunnel syndrome, sought a larger schedule award for arm impairment. In an earlier appeal, the Board directed OWCP to consider a physician-cosigned impairment report rather than dismiss it because an occupational therapist prepared…

November 4, 2009 ·ECAB
Remanded
COMM

P.D. and U.S. Postal Service, Post Office, St. Petersburg, FL

P.D. (ECAB 09-0992): Seven percent foot award and late hearing denial affirmed

P.D., a Postal Service customer service supervisor, sought an increase over a seven percent right-foot schedule award for an accepted toe condition. Her physician repeatedly estimated 20 percent impairment but did not explain the calculation under the impairment guide. The Board found that OWCP…

November 4, 2009 ·ECAB
Affirmed
COMM

A.J. and U.S. Postal Service, Florence Villa Station, Winter Haven, FL

A.J. (ECAB 09-0954): Emotional condition claim denied without established work factor

A.J., a Postal Service mail processing clerk, claimed an emotional condition caused by alleged harassment, a revised job offer, and work outside her physical restrictions. The Board found that the record did not substantiate the harassment or work outside the restrictions. It also found no error or…

November 4, 2009 ·ECAB
Affirmed
COMM

T.H. and U.S. Postal Service, Processing & Distribution Center, Dallas, TX

T.H. (ECAB 09-0811): Supervisor dispute did not establish compensable work factor

T.H., a Postal Service distribution supervisor, claimed stress and physical symptoms after an exchange with her supervisor about missing employees and overtime. She also described unrealistic demands but did not identify specific duties that caused a diagnosed condition. The Board found that…

November 4, 2009 ·ECAB
Affirmed
COMM

M.T. and U.S. Postal Service, Post Office, Washington, DC

M.T. (ECAB 09-0786): Late medical travel bills denied without waiver

M.T., a Postal Service worker with an accepted 1989 ankle and foot injury, sought reimbursement for travel expenses incurred in 1998 and 1999. He submitted the bills in 2008 and asked OWCP to waive the filing deadline, citing an earlier reimbursement. The Board held that the current regulation…

November 4, 2009 ·ECAB
Affirmed
COMM

K.E. and Department of Transportation, Transportation Security Administration, Swanton, OH

K.E. (ECAB 09-0749): One percent left-arm impairment award affirmed

K.E., a transportation security screener, received a one percent left-arm schedule award for lasting effects of an accepted forearm injury. Her physician rated impairment at 10 percent based on grip strength, while OWCP's medical adviser found only one percent. An impartial orthopedic examiner…

November 4, 2009 ·ECAB
Affirmed
COMM

S.B., claiming as widow of G.B., and Agency for International Development, Saigon, Vietnam

S.B. (ECAB 09-0723): Death benefits denied for lack of a medical link to accepted injury

S.B. sought death benefits after her husband, a former Agency for International Development worker, died of ischemic heart disease in 2008. OWCP had accepted his work-related anxiety disorder from service in Vietnam decades earlier. His treating physicians described anxiety as a contributor to his…

November 4, 2009 ·ECAB
Affirmed
ALJ

Skanska Koch, Inc.

Bridge fall-protection violation affirmed

Skanska Koch employees performed steel-erection work on an elevated platform during renovation of New York City's Triborough Bridge. An ironworker fell through an uncovered saddle beam hole about 37 feet above the ground and died from his injuries. Neither he nor his partner was tied off, and…

November 4, 2009 ·G. Marvin Bober ·OSHRC
Citations 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.