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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F.M. and U.S. Postal Service, Boyne City Post Office
Board rejects postal clerk left foot condition claim (ECAB 23-0977)
A postal clerk claimed that her work duties caused a left foot condition. Her physician documented diagnoses and treatment, including Achilles tendon surgery, but did not explain how accepted employment factors caused the condition. The Board found no reasoned medical evidence establishing causal…
D.R. and Department of the Treasury, Internal Revenue Service
Board upholds denial of overpayment waiver (ECAB 23-0914)
An Internal Revenue Service employee sought waiver of recovery of an earlier compensation overpayment. OWCP asked for updated financial information to evaluate hardship or equity grounds for waiver. The employee had supplied an older form but did not respond to the new request. The Board held that…
C.B. and U.S. Postal Service, Minneapolis Post Office
Board upholds abandoned hearing request (ECAB 23-1175)
A postal carrier requested a hearing after OWCP denied continuation of pay for a work injury. OWCP mailed notice of the telephone hearing to his address, but he did not attend or timely explain his absence. The Board affirmed the finding that he abandoned the hearing request.
D.H. and Department of Labor, Office of Workers’ Compensation Programs
Board rejects upper extremity claim and reconsideration request (ECAB 23-1146)
A DOL claims examiner alleged that repetitive computer work caused carpal tunnel syndrome and trigger finger conditions. The Board found that her medical reports did not explain a causal connection to accepted work factors. It also found that her reconsideration request did not meet the…
T.K. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Cumberland
Board rejects claim after prison mail exposure (ECAB 23-1118)
A federal prison warehouse employee reported symptoms after powder from a mailed book touched his hands. OWCP accepted that the exposure occurred. His physician diagnosed tachycardia and hypertension but did not give a reasoned explanation linking either condition to the exposure. The Board…
J.M. and U.S. Postal Service, San Antonio Post Office
Board dismisses appeal with no OWCP final decision (ECAB 23-1077)
A postal employee appealed a purported June 22, 2023 OWCP decision. The Board found no final adverse OWCP decision in the record within 180 days of the appeal. A June 22 order was the Board’s own earlier remand, not a new OWCP decision. Without a reviewable decision, the Board dismissed the appeal.
J.M. and U.S. Postal Service, Bedford Park Post Office
Board rejects postal carrier total disability claim (ECAB 23-0809)
A rural postal carrier sought compensation for time away from work after an accepted left knee contusion. Her doctor recommended remaining off work but did not explain, with objective findings, why the accepted contusion prevented all work during the claimed period. The Board found the evidence…
K.W., representative of S.U., and Department of Veterans Affairs, McAlester VA Clinic
Board reverses termination of nurse knee benefits (ECAB 22-0702)
The representative of a VA nurse’s estate challenged OWCP’s termination of benefits for an accepted right knee aggravation. The treating physician and OWCP’s second opinion physician disagreed about whether the condition had resolved. OWCP had not resolved that medical conflict with an impartial…
Cedar Springs Hospital, Inc. / UHS of Delaware, Inc., dba Cedar Springs Hospital
Workplace-violence and records citations affirmed
Cedar Springs operated a behavioral health hospital in Colorado Springs where employees were frequently assaulted by patients and suffered serious injuries. The judge found that Cedar Springs and UHS of Delaware functioned as a single employer at the worksite through a common workplace, integrated…
Secretary of Labor v. American Soda, LLC
Tie left 15-minute reporting citation and penalty standing
A roof fall struck miner Delbert Hauser, knocked off his hard hat, caused a head wound and serious eye injury, and knocked him to the ground. American Soda did not notify MSHA within 15 minutes because Hauser remained conscious, walked out of the mine, and appeared coherent to coworkers with…
Secretary of Labor v. Billy Cooper Stone Co., Inc.
Secretary of Labor v. Billy Cooper Stone Co. (FMSHRC CENT 2023-0216): Guarding and berm citations affirmed with reductions
MSHA cited Billy Cooper Stone for operating a stone splitter without required guards and for a missing berm along a narrow mine road with an eight-foot drop-off. The judge found evidence that the splitter had been used unguarded and held that the company remained responsible for road safety where…
J.H. and Department of Veterans Affairs, Riverside National Cemetery
Board upholds overpayment but reverses collection rate (ECAB 23-1194)
A VA cemetery employee received FECA wage loss payments alongside Social Security retirement benefits without the required federal service offset. The Board upheld OWCP’s $65,047.69 overpayment finding and denial of waiver because the employee had not supplied complete financial records. It found…
K.K. and U.S. Postal Service, Hicksville Post Office
Board upholds five percent arm impairment rating (ECAB 23-0745)
A postal inspector sought a greater schedule award after an accepted arm injury during an arrest. OWCP had awarded five percent permanent impairment of the right upper extremity. The Board found that the medical evidence did not establish a higher rating under the applicable impairment guides. It…
A.G. and U.S. Postal Service, Oklahoma City Post Office
Board recognizes COVID diagnosis and returns claim for payment (ECAB 22-1199)
A postal employee sought compensation for COVID-19. Her laboratory result alone lacked identifying information, but a state health department letter named her and confirmed a positive test with dates. The Board held that the evidence together established the diagnosis. It reversed OWCP’s denial and…
American Federation of Government Employees, Local 153 and United States Department of the Air Force, MacDill Air Force Base, Avon Park Air Force Range, Tampa, Florida
AFGE Local 153 and MacDill Air Force Base (FLRA 0-AR-5917): Authority upholds dispatcher-training requirement
MacDill Air Force Base firefighters also performed dispatcher duties, and the agency required them to complete related training. One firefighter failed to finish a course within the year provided and received an oral admonishment. An arbitrator found that the job announcement and description…
Peabody Gateway North Mining, LLC v. Secretary of Labor
Peabody Gateway North Mining v. Secretary of Labor (FMSHRC LAKE 2023-0075): MSHA contact-information request upheld
During an investigation of a mine fan outage, MSHA asked Peabody Gateway North for personal contact information for miners who worked the relevant shift. Peabody withheld information for eight miners it considered company agents, arguing that MSHA could contact them only through counsel. The judge…
Matter of Luis AGUILAR HERNANDEZ
Form I-261 cannot cure a notice missing the hearing date and time
The Board considered an interlocutory appeal involving a notice to appear that omitted the date and time of the initial hearing. The respondent argued that the Department of Homeland Security could not cure that defect by filing a Form I-261, Additional Charges of Inadmissibility/Deportability. The…
Donnie Deel v. Big Track Coal Company, Incorporated
Deel v. Big Track Coal (BRB 22-0443 BLA): benefits award partly vacated and remanded
Donnie Deel received a black lung benefits award after the judge found that he had at least fifteen years of qualifying coal mine work and Big Track Coal had not rebutted the resulting presumption. The Board upheld the judge's employment calculation and her finding that Deel's surface mine work…
Jones v. Schwan's Home Service
STAA settlement approved and complaint dismissed
An administrative judge had found that Schwan's Home Service violated the STAA by retaliating against Jerry Jones and awarded reinstatement, pay, damages, attorney fees, and costs. Schwan's petitioned the Board for review, but the parties later reached a written settlement and jointly sought…
Adams v. Duke Energy Carolinas
Nuclear whistleblower case remanded for a hearing
Kathy Adams, a quality-control manager in Duke Energy's nuclear fleet, alleged that Duke reassigned her to a nonsupervisory role after she raised concerns about a supervisor discouraging nuclear-condition reports. The administrative judge granted summary decision to Duke on causation. The Board…
Timothy Miller v. Heritage Coal Company
Miller v. Heritage Coal (BRB 23-0018 BLA): attorney fee rates returned for review
Timothy Miller won a black lung benefits claim, and his counsel sought payment for legal work. The judge reduced several requested hourly rates. The Board found that the judge wrongly believed he could not account for inflation and had not considered all the submitted rate evidence. It also found…
Wayne A. Yuricich v. Director, Office of Workers’ Compensation Programs
Yuricich v. Director, OWCP (BRB 23-0015 BLA): disability finding reversed and claim remanded
Wayne Yuricich sought black lung benefits on modification after earlier denials. The judge rejected a recent qualifying pulmonary function study because its results varied, then denied benefits for lack of total disability. The Board majority found that no medical opinion had challenged the study's…
C.A. and U.S. Postal Service, Reynolds Corner Post Office, Toledo, OH
C.A. and U.S. Postal Service, Reynolds Corner Post Office (ECAB 23-1056): Emotional condition claim returned for employer response
A postal worker claimed that alleged sexual harassment by management worsened her anxiety and depression. OWCP denied her emotional condition claim without receiving a response from the employing establishment to the allegations. The Board held that OWCP needed to seek that response and develop the…
B.B. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Beaumont, TX
B.B. and Department of Justice, Federal Bureau of Prisons (ECAB 23-1015): Left elbow claims sent back for combined review
A federal prison cook sought treatment for renewed left elbow symptoms after two accepted injuries involving the same elbow. OWCP denied his recurrence claim after reviewing the file for one injury. The Board found that the two claim files needed to be combined for a full review of the treatment…
T.K. and Department of Justice, Federal Bureau of Investigation, Quantico, VA
T.K. and Department of Justice, Federal Bureau of Investigation (ECAB 23-1003): Shoulder treatment recurrence denial upheld
An FBI special agent had an accepted right shoulder injury and later sought renewed medical treatment for shoulder pain and arthritis. His physician linked the current condition to the earlier work injury but did not explain the medical basis for that link. The Board held that the report lacked the…
M.R. and U.S. Postal Service, Mukwonago Post Office, Mukwonago, WI
M.R. and U.S. Postal Service, Mukwonago Post Office (ECAB 23-0934): Provider's attempted appeal dismissed
A health care provider tried to obtain payment of medical expenses through an appeal listed under a postal worker’s name. The Board’s clerk had assigned the matter a docket number. The Board found that no person adversely affected by a final OWCP decision, or authorized representative, had filed an…
B.M. and Department of Agriculture, Farm Service Agency, Stillwater, OK
B.M. and Department of Agriculture, Farm Service Agency (ECAB 23-0891): Overpayment and recovery affirmed
A Farm Service Agency worker received FECA wage loss compensation and Social Security retirement benefits attributable in part to federal service during the same period. OWCP calculated a $39,346.98 overpayment and found her without fault. The Board upheld the amount after reviewing the Social…
J.S. and U.S. Postal Service, Dallas Main Post Office, Dallas, TX
J.S. and U.S. Postal Service, Dallas Main Post Office (ECAB 23-0579): Shoulder award reconsidered, spinal impairment denial upheld
A postal tractor trailer operator sought an increased schedule award for lasting impairment after accepted shoulder and spinal injuries. OWCP denied the claim because a current six percent left arm rating was lower than the 15 percent previously awarded. The Board found that the medical adviser had…
W.C. and Department of Homeland Security, Transportation Security Administration, Goleta, CA
W.C. and Department of Homeland Security, Transportation Security Administration (ECAB 23-0494): Wage loss reduction reversed
A transportation security screener received compensation for accepted neck and shoulder conditions. OWCP reduced his wage loss benefits after finding that he could earn wages as an information clerk. The physician who assessed his work capacity had been given a statement of accepted facts that…
J.H. and Department of Homeland Security, U.S. Customs & Border Protection, Los Angeles, CA
J.H. and Department of Homeland Security, U.S. Customs & Border Protection (ECAB 23-0055): Reconsideration request was timely
A customs and border protection officer sought compensation for a lower back injury he reported after inspecting an aircraft. His claim was denied, and the Board affirmed that denial in January 2022. He asked OWCP to reconsider in April 2022, but OWCP treated the request as late and required him to…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Mendota, California and American Federation of Government Employees, Local 1237
Federal Correctional Institution Mendota and AFGE Local 1237 (FLRA 0-AR-5882): Authority remands teacher overtime dispute
Federal Correctional Institution Mendota teachers performed overtime correctional duties but received a premium below the Fair Labor Standards Act rate for nonexempt employees. An arbitrator found the grievance timely based on good faith and the agency's refusal to toll the deadline, then called…
Michael Neace v. Panbowl Energy Company
Neace v. Panbowl Energy (BRB 22-0497 BLA): black lung benefits award affirmed
Michael Neace received black lung benefits after the judge found eighteen years of qualifying coal mine work and a totally disabling respiratory impairment. Panbowl Energy challenged its designation as the responsible operator and the finding that it had not rebutted the fifteen-year presumption…
R.S. and Department of the Navy, Marine Corps Logistics Base, Barstow, CA
R.S. and Department of the Navy, Marine Corps Logistics Base (ECAB 23-1022): Late request for written review denied
A Navy mechanic sought compensation for hearing loss he attributed to work around engines and transmissions. OWCP denied the claim in October 2022 as late. He requested written record review in March 2023, beyond the 30 day request period. The Board upheld OWCP’s denial of that request and found no…
T.S. and Department of Transportation, Federal Highway Administration, Nashville, TN
T.S. and Department of Transportation, Federal Highway Administration (ECAB 23-0931): Reconsideration denial lacked reasons
A federal highway engineer sought compensation for neck and arm conditions he attributed to repeated typing and packing. OWCP denied the claim, and he later sought reconsideration with additional test and surgery records. OWCP called the request late and stated only that he had not shown clear…
A.L. and U.S. Postal Service, Wakefield Post Office, Wakefield, RI
A.L. and U.S. Postal Service, Wakefield Post Office (ECAB 23-0917): Appeal from proposed benefit reduction dismissed
A postal worker appealed after OWCP sent a notice proposing to reduce her wage loss compensation. The Board found that OWCP had not issued a final decision on the reduction when she appealed. Its rules bar appeals from such interim matters. The Board dismissed this appeal for lack of a reviewable…
L.J. and Department of the Navy, Navy Drug Screening Laboratory, San Diego, CA
L.J. and Department of the Navy, Navy Drug Screening Laboratory (ECAB 23-0860): Left arm conditions not added to accepted claim
A Navy medical technician had an accepted right wrist and arm injury and later sought to add left arm conditions to her claim. Her treating physician attributed the left arm problems to using that arm more after the right arm injury, while another physician disagreed. OWCP obtained an independent…
J.S. and Department of Veterans Affairs, Togus VA Medical Center, Augusta, ME
J.S. and Department of Veterans Affairs, Togus VA Medical Center (ECAB 23-0790): COVID claim qualified for continuation of pay
A VA nurse filed a COVID-19 injury claim and sought continuation of pay. OWCP accepted the illness but later denied continuation of pay, treating an August 2 workplace meeting as the date of injury and her September 8 claim as late. The Board applied the COVID-19 rule using the date of last…
Secretary of Labor v. Billy Cooper Stone Co., Inc.
Secretary of Labor v. Billy Cooper Stone Co. (FMSHRC CENT 2023-0216): Original guarding and berm decision later amended
MSHA cited Billy Cooper Stone for an unguarded stone splitter and a missing berm along a narrow road with an eight-foot drop-off. The judge affirmed both citations but reduced negligence to low for each and changed the berm citation to unlikely injury and non-S&S. He assessed $350 for the guarding…
Douglas W. Whitt v. Island Creek Coal Company
Whitt v. Island Creek Coal (BRB 23-0271 BLA): black lung benefits award affirmed
Douglas Whitt received black lung benefits after the judge found that he had legal pneumoconiosis and that it substantially contributed to his total respiratory disability. Island Creek Coal challenged the judge's finding of a twenty-six-pack-year smoking history and her weighing of the medical…
Ronnie Stacy v. Jewell Coal & Coke Company, Incorporated
Stacy v. Jewell Coal & Coke (BRB 23-0031 BLA): black lung benefits award affirmed
Ronnie Stacy received black lung benefits after the judge found thirty-five years of qualifying coal mine work and a totally disabling respiratory impairment. Jewell Coal & Coke challenged the judge's authority to decide the case and the medical findings. The Board rejected the appointment…
Elizabeth Cook, on behalf of Roger D. Cook v. Mystic Energy, Incorporated
Cook v. Mystic Energy (BRB 22-0430 BLA): black lung benefits award affirmed
Elizabeth Cook pursued her late husband Roger Cook's black lung claim against Mystic Energy. The judge found more than thirty-two years of underground coal mine work and a totally disabling respiratory impairment, invoking the fifteen-year presumption. Mystic Energy argued that lung cancer…
Hazel Potts, on behalf of Jerry L. Potts v. Black Beauty Coal Company
Potts v. Black Beauty Coal (BRB 22-0425 BLA): black lung benefits award affirmed
Hazel Potts pursued her late husband Jerry Potts's black lung claim after the Board had sent it back for a finding about dust exposure during his surface coal mine work. On remand, the judge found more than fifteen years of qualifying work and restored the benefits award. Black Beauty Coal sought a…
H.A. and U.S. Postal Service, Post Office, Tampa, FL
H.A. and U.S. Postal Service, Tampa Post Office (ECAB 24-0004): Injury claim denial upheld after vehicle collision
A postal carrier reported head symptoms after her vehicle was struck from behind while she was working. OWCP accepted that the collision occurred but denied the injury claim. The Board found that the medical notes were signed by a physician assistant, whose reports did not qualify as physician…
A.W. and U.S. Postal Service, Post Office, Theodore, AL
A.W. and U.S. Postal Service, Theodore Post Office (ECAB 23-1115): Retirement offset overpayment reversed
A postal worker who stopped working in 1990 received FECA wage loss compensation and Social Security retirement benefits. OWCP used its FERS offset calculation to assert a $138,309 overpayment, then compromised the amount in its final decision to $29,120.45. The Board found that the personnel…
D.L. and Department of the Army, Tank-Automotive and Armaments Command, Anniston Army Depot, Anniston, AL
D.L. and Department of the Army, Anniston Army Depot (ECAB 23-1111): Arm impairment award sent back for combined file review
An Army small arms repairer received a schedule award for two percent permanent impairment of each arm after an accepted bilateral carpal tunnel claim. He also had several earlier claims involving his arms and hands. The Board found that OWCP had not combined all of those files before deciding…
M.W. and U.S. Postal Service, Post Office, Duluth, GA
M.W. and U.S. Postal Service, Duluth Post Office (ECAB 23-1059): Disability claim sent back for second opinion
A postal carrier sought wage loss compensation after a work related vehicle accident. OWCP accepted a left wrist contusion and paid benefits through April 15, 2022, but denied disability for the following months. OWCP asked its second opinion physician to address additional medical studies and work…
J.V. and Department of Homeland Security, U.S. Customs and Border Protection, Corpus Christi, TX
J.V. and Department of Homeland Security, U.S. Customs and Border Protection (ECAB 23-0895): Right shoulder claim sent back for complete medical history
A retired border patrol agent sought coverage for a right shoulder condition after years of law enforcement work. He also had accepted left shoulder injuries and a prior award for left arm impairment. OWCP denied the right shoulder claim based on a second opinion physician’s report, but the facts…
M.G. and Department of the Army, U.S. Army Installation Management Command, Directorate of Emergency Services, Fort Hood, TX
M.G. and Department of the Army, Directorate of Emergency Services (ECAB 23-0656): Knee injury claim denial upheld
An Army police officer reported knee pain after climbing into a patrol truck at work. OWCP accepted that the incident occurred but denied compensation for the diagnosed knee condition. The Board held that the physician’s letter did not sufficiently explain how the incident caused or worsened the…
United States Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Rio Grande Valley Sector and American Federation of Government Employees, Local 3307, National Border Patrol Council
U.S. Border Patrol Rio Grande Valley Sector and AFGE Local 3307 (FLRA 0-AR-5888): Authority removes investigation-delay remedy
A Border Patrol canine officer was involved in two vehicle-pursuit incidents, one resulting in two fatalities, and the agency temporarily revoked law-enforcement authority while investigating. An arbitrator found the initial revocation supported by evidence but concluded that keeping the employee…
Consumer Financial Protection Bureau and National Treasury Employees Union, Chapter 335
Consumer Financial Protection Bureau and NTEU Chapter 335 (FLRA 0-AR-5756): Authority upholds predisciplinary process
The Consumer Financial Protection Bureau presented an employee with a predetermined letter of reprimand at the same meeting where it first heard the employee's explanation. An arbitrator interpreted the agreement's cause standard as requiring notice, an opportunity to respond, and at least enough…
Secretary of Labor v. Coal-Mac, LLC
Untrained manager and vague errors barred reopening
Coal-Mac sought relief from default orders in five penalty cases after failing to answer the Secretary's petitions and later show-cause orders. It said only that its safety manager was unfamiliar with the contest process and made errors. The Commission found that explanation too general because it…
Christopher J. Hurley v. Camp Creek Service Center, Ltd.
Hurley v. Camp Creek Service Center (BRB 23-0165 BLA): benefits award vacated and remanded
Christopher Hurley received a black lung benefits award after the judge calculated 15.09 years of underground coal mine employment and applied the fifteen-year presumption. Camp Creek Service Center challenged the employment calculation. The Board found that the judge had assumed full work periods…
L.B. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
L.B. and Internal Revenue Service (ECAB 24-0123): Appeal withdrawn at worker's request
A worker appealed an August 16, 2023 OWCP decision through counsel. The worker later asked to withdraw the appeal. The Board granted that request and dismissed the docket. It did not decide the merits of OWCP’s ruling.
M.T. and Department of the Navy, Military Sealift Command, Norfolk, VA
M.T. and Department of the Navy, Military Sealift Command (ECAB 24-0035): Appeal dismissed at worker's request
A worker appealed an October 4, 2023 OWCP decision through counsel. The worker later asked the Board to dismiss the appeal. The Board granted the request and closed its appeal docket. It did not rule on the merits of OWCP’s decision.
J.M. and U.S. Postal Service, Carol Stream Processing & Distribution Center, Carol Stream, IL
J.M. and U.S. Postal Service, Carol Stream Processing & Distribution Center (ECAB 23-1186): Overpayment recovery affirmed
A postal worker received FECA wage loss compensation at the same time as Social Security retirement benefits partly attributable to federal service. OWCP calculated an $11,612.72 overpayment from April 2022 through March 2023 and found him without fault. The Board upheld that calculation using the…
S.L. and Department of the Army, Tank-Automotive and Armaments Command, Watervliet Arsenal, Watervliet, NY
S.L. and Department of the Army, Watervliet Arsenal (ECAB 23-0899): Cancer claim returned for accurate exposure history
An Army materials handler sought compensation for multiple myeloma, which he attributed to chemical exposures at work. OWCP accepted exposure to cosmoline and hexavalent chromium but denied the illness claim after a second opinion. The Board found that the physician had not been given a factual…
L.C. and Department of Veterans Affairs, West New York Veterans’ Health Administration, Buffalo, NY
L.C. and Department of Veterans Affairs, Buffalo (ECAB 22-1056): Continuation of pay denied after late claim filing
A VA medical clerk stopped work after reporting COVID-19 exposure while caring for patients. She filed her injury claim on June 7, 2022, for an April 25 exposure. OWCP denied continuation of pay because the claim form arrived beyond the 30 day filing period. The Board upheld the denial, using April…
C.S. and Department of Health and Human Services, Indian Health Service, Chinle Comprehensive Health Care Facility, Chinle, AZ
C.S. and Indian Health Service, Chinle Comprehensive Health Care Facility (ECAB 22-0813): Physician's COVID diagnosis accepted
An Indian Health Service pharmacist claimed that she contracted COVID-19 at work. OWCP denied the claim because she did not provide a positive laboratory test result. Her physician said a home antigen test was verified as positive and explained that the hospital did not repeat such tests with a PCR…
Darlene H. Hughes, on behalf of Billy Ray Hughes v. Island Creek Coal Company
Hughes v. Island Creek Coal (BRB 23-0029 BLA): modified benefits award affirmed
Darlene Hughes pursued her late husband Billy Ray Hughes's black lung claim after a prior denial. On modification, the judge found that CT scans established complicated pneumoconiosis and awarded benefits beginning in April 2014. Island Creek Coal challenged the judge's weighing of the CT scans…
R.P. and Department of Homeland Security, U.S. Secret Service, Washington, DC
R.P. and U.S. Secret Service (ECAB 24-0002): Lip injury established after work vehicle collision
A Secret Service investigator reported head, neck, back, shoulder, and knee injuries after a work vehicle collision. OWCP denied the claim because it found no established medical diagnosis. The Board found that a physician had observed a visible lip laceration, which established an injury from the…
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.