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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A.G. and U.S. Postal Service, Brandon Post Office
Board remands arm impairment rating and upholds other denials (ECAB 23-0045)
A postal employee appealed decisions about additional accepted shoulder conditions, wage-loss periods, reconsideration, and a schedule award. The Board upheld the denials of claim expansion, disability, and reconsideration. It found the left arm impairment rating incomplete because OWCP lacked…
Administrator, Wage and Hour Div., USDOL v. Deggeller Attractions, Inc.
H-2B appeal dismissed for failure to prosecute
An administrative judge had modified damages and reduced a civil penalty in an H-2B enforcement case against Deggeller Attractions after an earlier Board remand. Deggeller appealed but did not file its opening brief by the Board's deadline. The Board issued a show-cause order, gave the company…
Kirschmann v. Hampton Roads Transit
Transit retaliation claims rejected on summary decision
Rhonda Kirschmann alleged that Hampton Roads Transit fired her for protected transportation-safety activity. The Board found that her appellate brief did not identify supported errors in the administrative judge's decision, but it independently reviewed that decision because she represented…
The Estate of Daniel A. Ayres by Kimberly Ayres, Administrator v. Weatherford U.S., L.P.
The Estate of Daniel A. Ayres v. Weatherford U.S., L.P. (DOL ARB 2018-0006): STAA settlement approved
The estate of Daniel A. Ayres and Weatherford sought to end long-running STAA litigation after a federal appellate remand and a Board award of additional attorney fees and costs. The Board reviewed only the agreement's resolution of matters within its STAA authority. It explained that the agreement…
D.S. and U.S. Postal Service, North Houston Post Office
Board upholds refusal to reopen compensation claim (ECAB 24-0015)
A postal employee sought reconsideration of an OWCP claim denial. The Board found that his submission did not identify a legal error, offer a new relevant legal argument, or provide qualifying new evidence. It affirmed OWCP’s refusal to reopen the merits.
K.W. and U.S. Postal Service, Houston Post Office
Board upholds health insurance premium overpayment (ECAB 23-1166)
OWCP found a $4,939.47 overpayment because health insurance premiums had not been deducted from a postal employee’s compensation. The Board agreed with the amount and found that OWCP properly denied waiver. It also upheld recovery by withholding $100 from continuing compensation every 28 days.
K.R. and Department of the Treasury, Internal Revenue Service
Board orders merit review after new witness statements (ECAB 23-1067)
An IRS employee sought reconsideration of an emotional condition claim and submitted witness statements about the alleged workplace incident. The Board found the statements relevant and new to the disputed question of what happened. It reversed OWCP’s refusal to reopen the case and remanded for a…
S.G. and U.S. Postal Service, El Dorado Springs Post Office
Board upholds denial of continuation of pay (ECAB 23-1033)
A postal employee sought continuation of pay after a reported right shoulder injury in September 2020. He did not file written notice of the injury until May 2022, well beyond the 30-day period required for that benefit. The Board affirmed OWCP’s denial of continuation of pay.
J.K. (nee R) and U.S. Postal Service, Pittsburgh Performance Cluster
Board orders specialist review of back condition after fall (ECAB 23-0959)
A postal employee sought acceptance of a back condition after a workplace fall. Her doctor explained a possible link between the fall and her back symptoms, but the Board found the opinion insufficient to establish the claim outright. The report warranted more medical development. The Board set…
D.H. and U.S. Postal Service, Silver Spring Post Office
Board orders merit review after new medical reports (ECAB 23-0134)
A postal employee asked OWCP to reconsider a disability claim tied to an accepted injury and supplied new medical reports. The Board found that the reports addressed the disputed disability issue and met the threshold for reopening the merits. It reversed OWCP’s nonmerit denial and remanded for a…
J.V. and Department of Veterans Affairs, Menlo Park VA Medical Center
Board upholds left thumb impairment award (ECAB 22-0139)
A VA employee sought a schedule award above the 26 percent left thumb impairment he had already received. The Board reviewed the medical impairment evidence and found that he had not established a higher rating. It affirmed OWCP’s award decision.
K.F. and Department of Veterans Affairs, Charlie Norwood VA Medical Center
Board orders related anxiety claims combined (ECAB 23-1138)
A VA secretary sought compensation for an anxiety condition linked to workplace interactions with managers. Two prior files involved similar anxiety and stress allegations, but OWCP had not combined them with the current claim. The Board set aside the decision and ordered OWCP to combine all three…
J.G. and U.S. Postal Service, Rose City Carrier Annex Post Office
Board upholds right arm impairment rating (ECAB 23-1132)
A postal employee sought a schedule award above the 35 percent right arm impairment already compensated. The Board found that the medical evidence did not establish a higher permanent impairment rating. It affirmed OWCP’s decision.
D.H. and U.S. Postal Service, Odessa Post Office
Board orders related claims combined for schedule award (ECAB 23-1117)
A postal carrier sought additional schedule award compensation after an accepted injury. Other OWCP files involved her right upper extremity and included a prior right thumb award. The Board found that OWCP needed to review those files together before rating further impairment. It set aside the…
B.J. and Department of the Navy, Puget Sound Naval Shipyard
Board orders medical opinion on specific disability dates (ECAB 23-0900)
A Navy shipyard employee claimed intermittent disability from work after an accepted lumbar injury. OWCP’s second opinion doctor found continuing lumbar symptoms and work limits, but OWCP had not asked him whether the injury caused disability on the particular dates claimed. The Board set aside the…
T.H. and U.S. Postal Service, Baltimore Post Office
Board upholds denial of claimed disability period (ECAB 23-0811)
A postal employee sought wage-loss compensation beginning April 10, 2021 for an accepted injury. The Board found that the medical reports did not adequately establish that the accepted injury caused disability for the claimed period. It affirmed OWCP’s denial.
P.S. and U.S. Postal Service, Point Breeze Station
Board orders further PTSD disability evaluation (ECAB 23-0635)
A postal employee sought wage-loss compensation for intermittent absences attributed to accepted post-traumatic stress disorder. His treating doctor described symptoms and work limits, but the Board found the opinion not fully reasoned. It found the report sufficient to require more medical…
C.P. and U.S. Postal Service, Gilmer Post Office
Board upholds benefit suspension and overpayment (ECAB 24-0019)
OWCP suspended a postal employee’s compensation for failing to submit an earnings report. She also received $4,434.08 in wage-loss payments after returning to full-time work. The Board affirmed the suspension, overpayment amount, and denial of waiver of recovery.
C.M. and U.S. Postal Service, Crown Point Post Office
Board upholds carpal tunnel and reconsideration denials (ECAB 23-1198)
A postal employee claimed that workplace duties caused bilateral carpal tunnel syndrome. The Board found the medical evidence insufficient to establish causation. It also found that her later reconsideration request did not meet the requirements to reopen the merits. The Board affirmed both OWCP…
O.G. and U.S. Postal Service, North Texas Processing and Distribution Center
Board upholds knee claim and hearing denials (ECAB 23-1034)
A postal employee sought compensation for a right knee condition after an accepted workplace incident. The Board found the medical evidence insufficient to link the diagnosed condition to that incident. It also upheld OWCP’s denial of a further oral hearing or written-record review.
V.S. and U.S. Postal Service, Memphis Processing and Distribution Center
Board accepts injury diagnoses and orders causation review (ECAB 23-0005)
A postal employee sought compensation after an accepted workplace incident. OWCP denied the claim without recognizing medical diagnoses documented in connection with that incident. The Board found the diagnostic part of the injury claim established, reversed OWCP’s decision, and remanded for a…
Darrell L. Kaufman v. Keystone Coal Mining Corporation, c/o Consol Energy, Incorporated
Kaufman v. Keystone Coal Mining (BRB 23-0134 BLA): black lung benefits award affirmed
Darrell Kaufman received a black lung benefits award based on a finding that he had complicated pneumoconiosis from coal mine employment. Keystone Coal Mining and its carrier challenged the exclusion of two imaging readings and the judge's weighing of the medical evidence. The Board upheld the…
Gregory A. Collins v. Meade & Shepherd Coal Company, Incorporated
Collins v. Meade & Shepherd Coal (BRB 23-0040 BLA): black lung benefits award affirmed
Gregory Collins sought modification of an earlier denial of black lung benefits. The judge found that his qualifying coal mine work and total respiratory disability invoked the fifteen-year presumption, and that Meade & Shepherd Coal had not rebutted it. The Board upheld the finding that Meade &…
Amanda Mumpower, widow of Shane Mumpower v. Guest Mountain Mining Corporation
Mumpower v. Guest Mountain Mining (BRB 23-0002 BLA): survivor benefits denial affirmed
Amanda Mumpower sought survivor benefits after the death of her husband, Shane Mumpower, who had worked in underground coal mining. The parties stipulated to nine years of coal mine employment, so she could not use the presumption available after at least fifteen years of qualifying work. The judge…
Ricky A. Gross v. Jarisa, Incorporated
Gross v. Jarisa (BRB 22-0460 BLA): benefits denial affirmed
Ricky Gross appealed without representation after a judge denied his black lung claim. The parties agreed he had thirty-eight years of underground coal mine employment. The Board upheld the judge's weighing of conflicting imaging evidence and the finding that complicated pneumoconiosis was not…
Clyde M. Campbell v. Raw Coal Mining Company
Campbell v. Raw Coal Mining (BRB 22-0459 BLA): benefits award affirmed
Raw Coal Mining challenged a black lung benefits award to Clyde Campbell. The judge credited 27.16 years of underground coal mine employment and found that pulmonary function studies and medical opinions established total respiratory disability. The Board upheld those findings and the resulting…
Steven T. Young v. Huntington Ingalls Industries, Incorporated
Young v. Huntington Ingalls (BRB 22-0458): denial of total disability modification affirmed
Steven Young, a former shipyard welder, sought to change his permanent partial disability award to permanent total disability benefits after his physical restrictions became more severe. On an earlier appeal, the Board had directed the judge to consider his age, work history, and other vocational…
Robert Mondella v. GCT New York LP
Mondella v. GCT New York (BRB 22-0452): injury benefits award affirmed
Robert Mondella injured his neck and back in a fall while working as a lasher for GCT New York. GCT argued that his later work at a car wash caused his condition to worsen and ended its liability for benefits. The judge found that GCT had rebutted the presumption connecting the injury to work, but…
Albert R. Lewis v. Army & Air Force Exchange Service
Lewis v. Army & Air Force Exchange Service (BRB 22-0393): denial of disability modification affirmed
Albert Lewis, a former warehouse worker, sought to change his permanent partial disability award to permanent total disability benefits. He argued that his back condition and ability to work had worsened. The judge found that his physical and economic circumstances did not justify modification, and…
R.M. and U.S. Postal Service, San Diego Post Office
Board dismisses appeal of informational work letter (ECAB 24-0029)
A postal employee appealed an OWCP letter giving him additional time to accept a modified work assignment or explain why he could not. The letter was informational and did not decide benefits. With no final adverse decision in the record, the Board dismissed the appeal for lack of jurisdiction.
A.B. and Department of Veterans Affairs, Oklahoma City Medical Center
Board upholds refusal to reconsider claim (ECAB 23-1172)
A VA employee asked OWCP to reopen a denied compensation claim. The Board found that her submission neither identified a legal error nor supplied a qualifying new argument or evidence. It affirmed the nonmerit denial without reviewing the original claim’s merits.
M.F. and Department of Veterans Affairs, Bay Pines VA Medical Center
Board reverses benefit termination over distant job offer (ECAB 23-1105)
A VA employee living in Virginia was offered modified work at her former Florida duty station. OWCP ended her compensation after she declined the offer. The Board found the employer had not documented a proper search for suitable work in her current geographic area, as required before relying on an…
R.S. and Department of Veterans Affairs, West Los Angeles VA Medical Center
Board upholds denial of schedule award for emotional conditions (ECAB 23-1063)
A VA employee sought a schedule award after OWCP accepted depression and anxiety conditions. The Board found that he had not established permanent impairment of a scheduled body member or function qualifying for such an award. It affirmed OWCP’s denial.
R.S. and U.S. Postal Service, Frederick N. Weathers Post Office
Board upholds refusal to reconsider overpayment issue (ECAB 23-1041)
A postal employee sought reconsideration of an earlier overpayment matter. The Board found that his request did not establish a legal error, present a new relevant legal argument, or provide qualifying new evidence. It affirmed OWCP’s refusal to reopen the merits.
J.K. and U.S. Postal Service, Larchmont Post Office
Board upholds denial of left knee condition claim (ECAB 23-0896)
A postal employee sought acceptance of a left knee condition attributed to work factors. Her doctor described earlier and later knee events but did not adequately explain how the accepted work factors caused or aggravated the diagnosed condition. The Board found the causal evidence insufficient and…
O.W. and U.S. Postal Service, Urbana Post Office
Board orders full response period for injury evidence (ECAB 24-0005)
A postal janitor with an accepted back injury was asked to submit additional evidence for a later claim. OWCP’s development letter did not provide the 60 days required by the updated regulation. The Board set aside the denial and directed OWCP to give him the full response period before deciding…
J.L. and Department of Labor, Bureau of Labor Statistics
Board upholds denial of left knee injury claim (ECAB 23-1195)
A Labor Department employee sought compensation for a left knee condition following a work incident. The Board found that the medical reports did not adequately explain how the accepted incident caused the diagnosed condition. It affirmed OWCP’s denial.
N.E. and U.S. Postal Service, Three Forks Post Office
Board upholds occupational claim and review denials (ECAB 23-1155)
A postal employee sought acceptance of medical conditions attributed to her work duties. The Board found the medical evidence insufficient to establish a causal relationship. It also upheld OWCP’s denial of a written-record review request filed outside the 30-day period.
K.P. and U.S. Postal Service, Westmont Post Office
Board orders new medical opinion on left knee claim (ECAB 23-1120)
A postal carrier sought acceptance of left knee conditions related to his work duties. A new doctor’s report discussed his job requirements and linked them to the conditions. The Board found the report insufficient to prove the claim by itself but sufficient to require further development. It set…
J.Y. and U.S. Postal Service, White Plains Processing and Distribution Facility
Board upholds denial of medical condition claim (ECAB 23-1064)
A postal employee sought acceptance of a medical condition after an accepted workplace incident. The Board found the medical reports did not adequately explain how the incident caused the diagnosed conditions. It affirmed OWCP’s denial.
J.C. and Department of Homeland Security, U.S. Border Patrol
Board orders updated limb impairment review (ECAB 23-0889)
A Border Patrol employee sought additional schedule award compensation for impairment of several limbs. After OWCP’s medical adviser rated impairment, the record received evidence of bilateral leg nerve loss and greater right shoulder motion loss. OWCP did not obtain a medical review of those…
R.B. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Victorville
Board orders updated review of prison employee emotional injury claim (ECAB 23-0882)
A federal prison disciplinary hearing officer sought compensation for an emotional condition. An earlier Board decision had accepted a compensable employment factor, but OWCP’s second opinion physician relied on a factual statement prepared before that ruling. The Board found his opinion lacked an…
Matter of Walter Gabriel BERNARDO
Withdrawn I-751 petition ordinarily cannot be reviewed on the merits
The Board reviewed an Argentine respondent’s appeal from the denial of his petition to remove the conditions on his permanent residence. His former spouse withdrew the jointly filed Form I-751 petition before U.S. Citizenship and Immigration Services adjudicated it, alleging that the marriage was…
Daniel J. Lewis v. Mepco, Limited Liability Company
Lewis v. Mepco (BRB 23-0244 BLA): benefits award vacated and claim remanded
Daniel Lewis received a black lung benefits award after the judge found that he had nineteen years of underground coal mine employment and could use the fifteen-year presumption. Mepco challenged the employment calculation. The Board found that the judge had not explained how Social Security…
Lonnie Tackett v. South Akers Mining Company, LLC
Tackett v. South Akers Mining (BRB 23-0240 BLA): black lung benefits award affirmed
Lonnie Tackett received a black lung benefits award after the judge found at least twenty-four years of underground coal mine work and a totally disabling respiratory impairment. South Akers Mining challenged the finding that it had not rebutted the fifteen-year presumption. The Board upheld the…
Peggy I. Webber, on behalf of and widow of Eddie Webber v. Consolidation Coal Company
Webber v. Consolidation Coal (BRB 23-0121 and 23-0123 BLA): miner and survivor awards affirmed
Peggy Webber pursued her late husband Eddie Webber's black lung claim and her own survivor claim. The judge found that Eddie had twenty-four years of qualifying surface coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. Consolidation Coal…
Peggy I. Webber, on behalf of and widow of Eddie Webber v. Consolidation Coal Company
Webber v. Consolidation Coal (BRB 23-0121 and 23-0123 BLA): miner and survivor awards affirmed
Peggy Webber pursued her late husband Eddie Webber's black lung claim and her own survivor claim. The judge found that Eddie had twenty-four years of qualifying surface coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. Consolidation Coal…
Kenneth D. Robinette v. Stoney Gap Coal Company, Incorporated
Robinette v. Stoney Gap Coal (BRB 23-0117 BLA): black lung benefits award affirmed
Kenneth Robinette sought black lung benefits after twenty-three years of qualifying coal mine work. A previous denial was vacated so he could receive a complete pulmonary evaluation. After that evaluation, the judge found a totally disabling respiratory impairment and awarded benefits under the…
H.D. and U.S. Postal Service, Oxon Hill Post Office
Board upholds finding that postal employee abandoned hearing (ECAB 24-0016)
A postal employee requested an oral hearing after OWCP denied his claim. OWCP mailed notice of the telephone hearing more than 30 days in advance, but he did not attend. He also did not request postponement or explain his absence within 10 days. The Board affirmed the abandonment ruling and denied…
J.D. and U.S. Postal Service, Charleston Processing & Distribution Center
Board upholds recovery of postal worker overpayment (ECAB 23-1197)
A postal mail processing clerk received wage loss compensation using an incorrect night shift differential. OWCP calculated a $1,975.32 overpayment for January 14 through May 5, 2023. The Board agreed that she was without fault but found that she had not shown financial hardship or a detrimental…
M.S. and Department of Defense, Education Activities Section
Board rejects classroom emotional condition claim (ECAB 23-1173)
A Defense Department education technician claimed that assignment to a restricted classroom aggravated her emotional condition. She described a prior traumatic experience and stress caused by covered windows and a blocked doorway. The Board found that her employer had granted the accommodations she…
M.M. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
Board upholds denial of brand name medication coverage (ECAB 23-1088)
A federal investigator sought continued coverage of brand name Neurontin and Nexium for an accepted foot and ankle injury and related conditions. OWCP’s pharmacy review found inadequate evidence that the brand name drugs were medically necessary or that appropriate trials of generic versions had…
B.R. and U.S. Postal Service, Oakland Post Office
Board orders combined review of postal worker impairment claims (ECAB 23-1009)
A postal employee sought an additional schedule award for leg impairment after prior awards for both lower extremities. OWCP had separate files for accepted knee and foot conditions. The Board found that a fair assessment required OWCP to combine the related files and consider the full record. It…
D.B. and Department of Homeland Security, Immigration & Customs Enforcement
Board rejects immigration employee emotional injury claim (ECAB 23-0857)
An immigration enforcement employee alleged that a supervisor harassed him during a mailing assignment and disregarded his lifting restriction. The Board found no corroborating evidence for the alleged harassment or instruction to ignore the restriction. The supervisor’s account said training and…
T.S. and Department of Education, Federal Student Aid
Board orders impartial medical review of student aid employee disability (ECAB 23-0534)
A Department of Education employee claimed continuing disability after an accepted electrical injury. Her treating physician linked small fiber neuropathy and inability to work to that injury, while OWCP’s second opinion physician found no related disabling condition. The Board found a conflict in…
E.R. and U.S. Postal Service, Jacksonville Post Office
Board dismisses postal employee appeal before OWCP decision (ECAB 24-0009)
A postal employee appealed what he believed was a September 26, 2023 OWCP decision on an occupational disease claim. The Board found no such final adverse decision in the record. OWCP had sent development letters asking for more evidence, but had not decided the claim. The Board dismissed the…
P.J. and U.S. Postal Service, Corona-Elmhurst Station Post Office
Board orders clarification of postal carrier disability review (ECAB 23-1168)
A postal carrier sought continued benefits for an accepted hand and wrist injury. An impartial medical examiner found no current residuals but did not address the period beginning when OWCP terminated benefits. OWCP asked for clarification, but the examiner did not respond. The Board held that OWCP…
T.S. and Department of Education, Federal Student Aid
Board orders review of omitted medical evidence (ECAB 23-1147)
A federal student aid employee claimed disability after an accepted electrical injury. Two medical reports submitted before OWCP’s final decision discussed continuing disability and possible additional injury conditions. OWCP affirmed its denial without addressing those reports. The Board ordered…
K.M. and U.S. Postal Service, Chagrin Falls Post Office
Board upholds denial of postal carrier leg impairment award (ECAB 23-1103)
A postal letter carrier sought a schedule award for leg impairment related to an accepted back injury. OWCP referred conflicting medical opinions to an impartial examiner. That examiner found no supported leg radiculopathy or permanent leg impairment from the work injury. The Board found his…
V.M. and U.S. Postal Service, Toledo Processing & Distribution Center
Board rejects postal worker disability claim for knee condition (ECAB 23-1097)
A postal mail handler sought wage loss compensation after an accepted aggravation of a right knee condition. Her physician recommended knee replacement but did not explain whether the accepted work injury caused disability during the claimed period. The Board found the medical evidence insufficient…
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.