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.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

W.G. and Department of Defense, Police Department, Fort Dix, NJ

W.G. and Fort Dix Police Department (ECAB 23-0843): Ankle impairment opinion needs clarification

A Fort Dix employee disputed the permanent impairment rating for his left leg. The treating physician and OWCP’s medical adviser disagreed, and OWCP obtained an impartial opinion. The Board found that the specialist did not explain why a difference between the injured and uninjured ankles did not…

January 12, 2024 ·ECAB
Remanded
COMM

R.E. and Department of Homeland Security, Transportation Security Administration, Anchorage, AK

R.E. and Transportation Security Administration (ECAB 23-0826): Overpayment and $275 monthly recovery upheld

A TSA employee received both FECA wage loss payments and Social Security retirement benefits partly attributable to federal service. The Board upheld OWCP’s $9,789.19 overpayment calculation for January 2018 through October 2022. Although she was without fault, her reported income exceeded ordinary…

January 12, 2024 ·ECAB
Affirmed
COMM

T.L. and U.S. Postal Service, New Jersey International Bulk Mail & Network Distribution Center, Jersey City, NJ

T.L. and New Jersey Bulk Mail Center (ECAB 23-0798): Termination of injury benefits upheld

A postal employee received benefits for an accepted back injury. Her treating and second opinion physicians disagreed about continuing effects, so OWCP obtained an impartial examination. The Board found the impartial specialist’s reasoned opinion supported resolution of the work injury and…

January 12, 2024 ·ECAB
Affirmed
COMM

D.V. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Tucson, AZ

D.V. and U.S. Border Patrol (ECAB 23-0672): Eye conditions require further examination

A Border Patrol employee sought acceptance of additional eye conditions after a work related concussion. OWCP’s medical adviser noted findings that can follow a concussion but said more testing was needed to determine their cause. The Board held that OWCP had to complete the medical development it…

January 12, 2024 ·ECAB
Remanded
COMM

D.C. and U.S. Postal Service, Post Office, Walled Lake, MI

D.C. and Walled Lake Post Office (ECAB 23-0354): Overpayment and recovery deduction upheld

A postal worker received wage loss compensation while working as a real estate agent during April through June 2022. The Board upheld OWCP’s $2,243.07 overpayment finding and found him without fault in creating it. He did not submit the financial questionnaire and records needed to assess a…

January 12, 2024 ·ECAB
Affirmed
COMM

Matter of Anton PANIN

Federal criminal bail does not control immigration custody

The Board reviewed a Russian respondent’s appeal from the denial of a request for immigration custody redetermination. He argued that his release on bail in a federal criminal case barred the Immigration Judge from independently evaluating his danger to the community and flight risk. The Board held…

January 11, 2024 ·BIA
Affirmed
COMM

Bobby D. Chandler v. Paramont Coal Company Virginia, LLC

Chandler v. Paramont Coal (BRB 23-0263 BLA): black lung benefits award affirmed

Bobby Chandler filed a subsequent black lung benefits claim after an earlier claim was denied for lack of total disability. The judge found 37 years of underground coal mine work and credited a doctor's opinion that Chandler's respiratory impairment prevented him from doing his heavy mining job…

January 11, 2024 ·BRB
Affirmed
COMM

Jerry W. Moorehead v. The Monongalia County Coal Company

Moorehead v. Monongalia County Coal (BRB 23-0090 BLA): benefits denial affirmed

Jerry Moorehead sought black lung benefits after at least fifteen years of underground coal mine work. The judge found pneumoconiosis but denied benefits on modification because Moorehead had not shown a totally disabling respiratory impairment. On this second appeal, Moorehead challenged the…

January 11, 2024 ·BRB
Affirmed
COMM

Jesse Armstrong v. Dinah Lisbeth Sosa d/b/a Tanks Plus and All*Star Cleaning & Preservation

Armstrong v. Tanks Plus and All*Star Cleaning (BRB 22-0279): compensation denial affirmed

Jesse Armstrong sought Longshore Act compensation for knee conditions he attributed in part to years of tank cleaning work. The judge found that Armstrong initially qualified for the presumption of work relatedness but that the employers rebutted it, and she denied benefits after weighing the…

January 11, 2024 ·BRB
Affirmed
COMM

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): $49,085.08 in appellate fees and costs awarded

After the estate of Daniel A. Ayres successfully defended a STAA retaliation order in the Sixth Circuit, the court remanded its request for appellate attorney fees and costs to the Board. The Board awarded fees for the defense of its order, including an unsuccessful motion to dismiss that pursued…

January 11, 2024 ·DOL ARB
Procedural
COMM

T.P. and Department of the Air Force, Andrews Air Force Base

T.P. (ECAB 23-0691 and 24-0176): Both compensation claims filed too late

An Air Force accountant filed traumatic injury and occupational disease claims in late 2022, alleging exposure to electromagnetic energy during her federal employment. The Board found both claims untimely: the claimed injury occurred in October 2018, and her last possible workplace exposure was in…

January 11, 2024 ·ECAB
Affirmed
COMM

T.P. and Department of the Air Force, Andrews Air Force Base, Camp Springs, MD

T.P. and Andrews Air Force Base (ECAB 23-0691 and 24-0176): Injury claims filed too late

An Air Force accountant filed traumatic injury and occupational disease claims in 2022 concerning events she said began in 2018. The Board found both claims fell outside FECA's three-year filing period, measured in part from her last day of employment in August 2019. It found no evidence that her…

January 11, 2024 ·ECAB
Affirmed
COMM

K.S. and U.S. Postal Service, Mid-Island New York Processing & Distribution Center, Melville, NY

K.S. and Mid-Island New York Processing Center (ECAB 22-1281): Benefit termination upheld

A postal worker received wage-loss and medical benefits after a bulk mail carrier was pushed over her left ankle, injuring her foot and ankle. OWCP ended those benefits based on a second-opinion orthopedic examination finding that the accepted conditions had resolved and she could return to her…

January 11, 2024 ·ECAB
Affirmed
COMM

K.M. and Department of Veterans Affairs, North Texas Health Care System, Dallas VA Medical Center, Dallas, TX

K.M. and Dallas VA Medical Center (ECAB 22-0638): Medical conflict requires further review

A VA nurse manager injured her right foot and ankle when a patient's bed rolled over her foot during a code blue. She later asked OWCP to recognize additional foot and ankle conditions and pay for intermittent time away from work. The Board found an unresolved conflict between her treating…

January 11, 2024 ·ECAB
Mixed result
COMM

S.C. and U.S. Postal Service, Security Branch Post Office, Colorado Springs, CO

S.C. and Security Branch Post Office (ECAB 22-0308): Extra schedule award payment recoverable

A postal city carrier received a schedule award for a permanent left leg impairment. OWCP issued an extra $3,803.11 payment after the award period ended. The Board agreed that this payment was an overpayment and that she had not caused the error. It upheld the refusal to waive recovery because her…

January 11, 2024 ·ECAB
Affirmed
COMM

M.S. and U.S. Postal Service, Post Office, Piscataway, NJ

M.S. and Piscataway Post Office (ECAB 21-0815): Unreported work led to benefit forfeiture

A former postal letter carrier received wage-loss compensation after knee and back injuries. The Board found that he knowingly failed to report church work, volunteer activity, and earnings on forms covering more than fourteen years. It upheld forfeiture of benefits for those reporting periods and…

January 11, 2024 ·ECAB
Affirmed
COMM

G.B. and U.S. Postal Service, Wexford Post Office, Wexford, PA

G.B. and Wexford Post Office (ECAB 21-0800): OWCP must reconsider knee injury claim

A postal rural carrier claimed a left knee injury while delivering a parcel. OWCP rejected the claim because it found the incident's circumstances unclear, then denied a later request for reconsideration as both late and insufficient to show clear error. The Board agreed the reconsideration request…

January 11, 2024 ·ECAB
Remanded
COMM

R.H. and U.S. Postal Service, Palos Verdes Peninsula Post Office, Palos Verdes Peninsula, CA

R.H. and Palos Verdes Peninsula Post Office (ECAB 21-0249): Unreported care work supported forfeiture

A former postal city carrier received wage-loss compensation for accepted wrist and carpal tunnel injuries. She also worked as an in-home support services provider. The Board found that she did not fully report the people she cared for, her work activities, and earnings on forms covering several…

January 11, 2024 ·ECAB
Affirmed
COMM

A.K. and U.S. Postal Service, Post Office, Tampa, FL

A.K. and Tampa Post Office (ECAB 23-0990): No diagnosed condition after vehicle spill

A postal rural carrier associate reported a metallic taste, nausea, headache, dizziness, and throat changes after a spill in her work vehicle. OWCP accepted that the incident occurred but denied her injury claim. The Board found that the medical reports described symptoms or suspected chemical…

January 10, 2024 ·ECAB
Affirmed
COMM

A.N. and U.S. Postal Service, Briargate Station, Colorado Springs, CO

A.N. and Briargate Station (ECAB 23-0983): Missing retirement benefit offset caused overpayment

A postal rural carrier associate received FECA wage-loss compensation and Social Security retirement benefits. OWCP did not initially offset the part of his Social Security benefit attributable to federal service, producing a $3,995.85 overpayment for February through November 2022. The Board…

January 10, 2024 ·ECAB
Affirmed
COMM

H.D. and Department of the Navy, Naval District Washington, Washington Navy Yard, Washington, DC

H.D. and Washington Navy Yard (ECAB 23-0944): Retirement offset debt upheld

A Navy insulator received FECA wage-loss compensation after a back injury and also collected Social Security retirement benefits. OWCP had not offset the portion of those retirement benefits attributable to his federal service, creating a $25,443.56 overpayment from 2010 through September 2022. The…

January 10, 2024 ·ECAB
Affirmed
COMM

S.M. and U.S. Postal Service, Bulk Mail Center, Forest Park, IL

S.M. and Forest Park Bulk Mail Center (ECAB 23-0908): Late reconsideration request denied

A former postal mail handler with an accepted carpal tunnel claim challenged earlier OWCP findings through a request for reconsideration. The Board found the request untimely. He offered a published article criticizing a type of nerve conduction device, but the Board said general medical literature…

January 10, 2024 ·ECAB
Affirmed
COMM

L.M. and U.S. Postal Service, Ashville Post Office, Ashville, PA

L.M. and Ashville Post Office (ECAB 23-0709): Medical evidence did not connect conditions to parcel lift

A postal rural carrier reported neck pain after unloading a heavy parcel at work. She later submitted medical reports describing neck, arm, and shoulder conditions. The Board found that the reports either gave no opinion on cause or did not adequately explain how the parcel incident caused or…

January 10, 2024 ·ECAB
Affirmed
COMM

A.C. and U.S. Postal Service, Riverdale Station, Bronx, NY

A.C. (ECAB 22-1256 and 22-1259): Compensation forfeiture and $355.75 overpayment affirmed

A postal carrier who received compensation for a 2015 injury pleaded guilty in May 2022 to making false statements on federal workers’ compensation forms. The Board held that her compensation was forfeited as of the date the court accepted her plea. OWCP paid her $355.75 for May 19 through 21…

January 10, 2024 ·ECAB
Affirmed
COMM

A.C. and U.S. Postal Service, Riverdale Station, Bronx, NY

A.C. and Riverdale Station (ECAB 22-1256 and 22-1259): Fraud conviction ended benefits

A postal city carrier received wage-loss compensation after accepted wrist and shoulder injuries. She pleaded guilty to a federal charge of making false statements to obtain FECA benefits, and the court accepted her plea on May 19, 2022. The Board held that this adjudication triggered permanent…

January 10, 2024 ·ECAB
Affirmed
COMM

P.M. and U.S. Postal Service, Post Office, Egg Harbor Township, NJ

P.M. and Egg Harbor Township Post Office (ECAB 22-1171): Knee benefit termination upheld

A postal rural carrier associate injured her left knee and other body parts when she slipped from a mail truck in icy conditions. OWCP accepted several sprains and a meniscus tear, but she later sought to add osteoarthritis and degenerative joint disease. The Board found her medical evidence did…

January 10, 2024 ·ECAB
Affirmed
COMM

Secretary of Labor v. Allyndale Corporation

Unopposed assessment reopening granted

Allyndale Corporation asked the Commission to reopen a final penalty assessment. The Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law Judge for further proceedings. It stated that granting this motion was not precedential…

January 9, 2024 ·FMSHRC
Remanded
COMM

Secretary of Labor v. United Taconite, LLC

Untrained handoff and counsel delay barred reopening

Staffing changes left a new United Taconite safety specialist with a proposed assessment but no instructions for handling it. The company did not train the specialist on the assessment process for more than two months. After an April delinquency notice, United Taconite contacted outside counsel…

January 9, 2024 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Peabody Gateway North Mining, LLC

Family medical crisis excused missed filings

Peabody Gateway's part-time safety manager received a penalty petition while traveling for an audit and misread it as an attorney's entry of appearance. He later mistook the show-cause email for an informational COVID-19 message. The manager explained that his elderly father's injury and…

January 9, 2024 ·FMSHRC
Remanded
COMM

Open Mountain Energy, LLC

In re Open Mountain Energy, LLC (EAB CAA Appeal No. 23-09C): HFC import settlement approved

Open Mountain Energy, LLC, a Delaware corporation headquartered in Lehi, Utah, imported approximately 20,000 kilograms of HFC-245fa from China through an intermediary broker. The shipment was held at the Port of Oakland. EPA alleged that the company imported the bulk HFCs without possessing or…

January 9, 2024 ·EPA EAB
Settled
COMM

David F. Kline v. Tanoma Mining Company

Kline v. Tanoma Mining (BRB 23-0304 BLA): black lung benefits award affirmed

David Kline received black lung benefits after the judge found 25.44 years of underground coal mining and a totally disabling respiratory impairment. Tanoma Mining challenged the judge's assessment of a doctor's disability opinion and argued that smoking, rather than coal dust, caused Kline's lung…

January 9, 2024 ·BRB
Affirmed
COMM

T.H. and Department of Veterans Affairs, Michael E. DeBakey Medical Center, Houston, TX

T.H. and Michael E. DeBakey Medical Center (ECAB 23-1143): Suitable-work letter not appealable

A VA medical center employee appealed an OWCP letter saying she had not given a valid reason to refuse a suitable-work offer and allowing her 15 more days to accept it. The Board found the letter was an intermediate notice, not a final adverse decision it could review. It dismissed the appeal for…

January 9, 2024 ·ECAB
Procedural
COMM

G.K. and Department of Veterans Affairs, Atlanta VA Medical Center, Decatur, GA

G.K. and Atlanta VA Medical Center (ECAB 23-1060): Medical reports did not link conditions to fall

A VA custodian reported hitting his head after slipping while trying to pick up a box. OWCP accepted that the fall occurred but denied his injury claim. The Board found that several medical reports gave diagnoses without addressing whether the fall caused them. A report diagnosing a concussion…

January 9, 2024 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Post Office, Nashville, TN

J.W. and Nashville Post Office (ECAB 23-0791): Appeal withdrawn at claimant's request

A postal employee appealed an OWCP decision issued January 4, 2023. The Board received the employee's request to withdraw the appeal on January 2, 2024. It granted that request and dismissed the Board case without considering the OWCP decision's merits.

January 9, 2024 ·ECAB
Procedural
COMM

J.G. and Department of Veterans Affairs, Birmingham VA Medical Center, Birmingham, AL

J.G. and Birmingham VA Medical Center (ECAB 23-0324): Bell's palsy not linked to workplace incident

A VA police officer said he developed Bell's palsy after a confrontation with another officer at work. OWCP accepted that the incident occurred, and a hospital physician diagnosed Bell's palsy. The Board found that the physicians’ reports gave no opinion on whether the incident caused that…

January 9, 2024 ·ECAB
Affirmed
COMM

S.D. and U.S. Postal Service, Milan Post Office, Norfolk, VA

S.D. and Milan Post Office (ECAB 22-1138): Intermittent wage loss not proved

A postal city carrier had an accepted right knee condition after placing more weight on that leg while wearing a boot for a separate left foot injury. She sought intermittent wage-loss benefits for several months. The Board found that her physician's reports described symptoms and partial work…

January 9, 2024 ·ECAB
Affirmed
COMM

M.H., widow of W.H., and U.S. Postal Service, Incoming Mail Center, Chelsea, MA

M.H., widow of W.H., and Chelsea Incoming Mail Center (ECAB 22-1102): Estate debt sent back for review

A postal employee had received FECA wage-loss compensation and Social Security retirement benefits before his death in 2019. OWCP sought to recover a $21,881.28 alleged overpayment from his estate because it had not offset the retirement benefits attributable to federal service. His widow appealed…

January 9, 2024 ·ECAB
Remanded
COMM

M.P. and U.S. Postal Service, Stratford Post Office, Stratford, CT

M.P. and Stratford Post Office (ECAB 22-0937): Hip claim filed outside three-year period

A retired letter carrier claimed that years of walking, stairs, and other delivery duties contributed to hip osteoarthritis. He filed his claim in October 2019, saying he first learned of the work connection in September 2017. The Board found that a January 2014 medical report and his reported…

January 9, 2024 ·ECAB
Affirmed
COMM

A.P. and U.S. Postal Service, National Network Distribution Center, Jersey City, NJ

A.P. and Jersey City Distribution Center (ECAB 22-0183): Benefits termination reversed, claim expansion remanded

A postal mail handler received benefits for accepted neck conditions after a workplace fall. She sought to add other conditions to her claim. The Board found the impartial examiner's opinion unreliable because he treated conditions OWCP had already accepted as unrelated to the fall, contrary to the…

January 9, 2024 ·ECAB
Remanded
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Ashland, Kentucky and American Federation of Government Employees, Local 1286, Council of Prison Locals 33

Federal Correctional Institution Ashland and AFGE Local 1286 (FLRA 0-AR-5865): Authority remands breathalyzer remedy

Federal Correctional Institution Ashland suspected an officer was intoxicated at work, required a breathalyzer test, and excluded the requested union representative from witnessing it. The agency then temporarily reassigned the employee to work without overtime eligibility during its investigation…

January 9, 2024 ·FLRA
Remanded
COMM

Secretary of Labor v. Morton Salt, Inc.

Unsent contest and repeated process failures barred reopening

Morton Salt's environmental, health, and safety manager marked four citations for contest but did not mail or email the completed assessment form. MSHA had already told the company that the citations were no longer eligible for a conference and that it needed to return the assessment form to…

January 8, 2024 ·FMSHRC
Procedural
COMM

S.R. and Department of the Navy, Production Resources Department, Electrical Shop, Portsmouth Naval Shipyard, NH

S.R. and Portsmouth Naval Shipyard (ECAB 23-1095): Claim not reopened without new basis

A Navy electronic mechanic claimed a left knee injury while kneeling to get materials from a toolbox. OWCP issued a merits decision in January 2023 and later denied reconsideration. The Board could review only the later refusal to reopen because the appeal of the January merits decision came too…

January 8, 2024 ·ECAB
Affirmed
COMM

C.S. and U.S. Postal Service, Larchmont Post Office, Larchmont, NY

C.S. and Larchmont Post Office (ECAB 23-1091): Schedule award needs medical adviser review

A postal carrier technician had an accepted left kneecap dislocation and later sought a schedule award for permanent impairment. Her treating surgeon reported a loss of knee function, and OWCP obtained a second orthopedic opinion. The Board found OWCP had not sent that opinion and the record to a…

January 8, 2024 ·ECAB
Remanded
COMM

E.H. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

E.H. and Puget Sound Naval Shipyard (ECAB 23-1087): Medication denial and overpayment upheld

A Navy shipyard firefighter received wage-loss benefits for accepted back conditions. The Board upheld OWCP's refusal to continue covering 600 mg ibuprofen after the prescribing physician did not provide the requested documentation. It also found an overpayment because OWCP had not offset the…

January 8, 2024 ·ECAB
Affirmed
COMM

L.R. and Department of Homeland Security, U.S. Citizenship and Immigration Services, Tampa, FL

L.R. and U.S. Citizenship and Immigration Services (ECAB 23-1082): OWCP must address omitted report

An immigration services assistant had an accepted lower back strain after lifting boxes at work. He later asked OWCP to recognize additional cervical, lumbar, and thoracic conditions. OWCP denied that request after receiving several medical reports. The Board found that OWCP's decision did not…

January 8, 2024 ·ECAB
Remanded
COMM

S.T. and Department of the Army, U.S. Army Corps of Engineers, Los Angeles District, Los Angeles, CA

S.T. and Army Corps Los Angeles District (ECAB 23-0915): OWCP must review psychiatrist's report

A retired Army Corps safety officer claimed traumatic brain injury and autonomic neuropathy related to employment events. Her psychiatrist wrote that two head injuries at work caused the neuropathy and that exposure to burn pit emissions also contributed. OWCP denied the claim without discussing…

January 8, 2024 ·ECAB
Remanded
COMM

N.H. and Department of Veterans Affairs, North Las Vegas VA Medical Center, North Las Vegas, NV

N.H. and North Las Vegas VA Medical Center (ECAB 23-0907): COVID wage loss not established

A VA practical nurse had an accepted workplace COVID-19 claim and sought wage-loss benefits for time away from work. Her physician wrote notes keeping her off work and listed ongoing symptoms and other conditions. The Board found those notes did not give a reasoned opinion explaining that the…

January 8, 2024 ·ECAB
Affirmed
COMM

D.M. and U.S. Postal Service, Westside Annex Post Office, Greensboro, NC

D.M. and Westside Annex Post Office (ECAB 23-0616): Abdominal injury claim and later requests denied

A postal rural carrier associate reported abdominal symptoms after lifting a heavy box at work. The Board found that the medical evidence did not adequately explain how the accepted lifting incident caused a diagnosed abdominal condition. It also held that OWCP properly denied his request for an…

January 8, 2024 ·ECAB
Affirmed
COMM

K.C. and Department of Veterans Affairs, Milwaukee VA Medical Center, Milwaukee, WI

K.C. and Milwaukee VA Medical Center (ECAB 23-0252): Spinal conditions require more medical review

A VA food service worker fell while carrying a tray and sought to add spinal conditions to his accepted injury claim. His physician described how the fall might have caused a neck sprain and worsened preexisting cervical disease. The Board found that opinion did not yet prove the additional…

January 8, 2024 ·ECAB
Remanded
COMM

Larry D. Bevins v. H M N & S Coal Company

Bevins v. H M N & S Coal (BRB 23-0203 BLA): black lung benefits award affirmed

Larry Bevins received black lung benefits after a judge found that his disabling chronic obstructive pulmonary disease was significantly related to coal mine dust exposure. With thirteen years of qualifying mine work, Bevins did not qualify for the fifteen-year presumption and had to prove each…

January 5, 2024 ·BRB
Affirmed
COMM

John A. McCullough v. Keystone Coal Mining Corporation

McCullough v. Keystone Coal Mining (BRB 23-0096 BLA): black lung benefits award affirmed

John McCullough received black lung benefits on a subsequent claim after establishing more than fifteen years of qualifying mine work and a disabling respiratory impairment. The remaining dispute on this second appeal concerned whether Keystone Coal had rebutted the fifteen-year presumption. The…

January 5, 2024 ·BRB
Affirmed
COMM

Gary Taylor v. Sapphire Coal Company

Taylor v. Sapphire Coal (BRB 23-0073 BLA): black lung benefits award affirmed

Gary Taylor received black lung benefits after the judge found complicated pneumoconiosis in a subsequent claim. Sapphire Coal challenged the denial of extra time to submit a pathology report and the judge's assessment of an opacity seen on lung images. The Board held that the judge had considered…

January 5, 2024 ·BRB
Affirmed
COMM

Douglas Hurley v. Twin Star Mining, Incorporated

Hurley v. Twin Star Mining (BRB 23-0045 BLA): black lung benefits award affirmed

Douglas Hurley received black lung benefits after the judge found 34.74 years of qualifying coal mine work, a disabling respiratory impairment, and no successful rebuttal of the fifteen-year presumption. Twin Star Mining relied on a doctor who attributed Hurley's obstructive lung disease entirely…

January 5, 2024 ·BRB
Affirmed
COMM

Charles D. Brothers v. Keystone Coal Mining Corporation

Brothers v. Keystone Coal Mining (BRB 23-0022 BLA): black lung benefits award affirmed

Charles Brothers received black lung benefits after the judge found 21 years of qualifying coal mine work and a totally disabling respiratory impairment. Keystone Coal challenged the medical opinions supporting disability and argued that an elevated diaphragm and weight, rather than coal dust…

January 5, 2024 ·BRB
Affirmed
COMM

Bernadette Staten, widow of Dale R. Staten v. Consolidation Coal Company

Staten v. Consolidation Coal (BRB 22-0238 and 23-0020 BLA): survivor benefits and fee award affirmed

Bernadette Staten sought survivor benefits after her husband Dale Staten died. The judge found that he had more than 28 years of underground coal mine work and a totally disabling respiratory impairment at the time of his death, then awarded benefits under the fifteen-year presumption. The Board's…

January 5, 2024 ·BRB
Affirmed
COMM

David S. Coleman v. Falcon Coal Corporation

Coleman v. Falcon Coal (BRB 22-0495 BLA): black lung benefits award affirmed

David Coleman received black lung benefits after the judge found more than 25 years of qualifying coal mine work and a disabling respiratory impairment. Falcon Coal challenged the admission of a supplemental medical opinion obtained through a Department of Labor program and the judge's assessment…

January 5, 2024 ·BRB
Affirmed
COMM

William Adams v. Locust Grove Incorporated

Adams v. Locust Grove (BRB 22-0429 BLA): black lung benefits award affirmed

William Adams received black lung benefits after the judge found more than fifteen years of qualifying coal mine work and total respiratory disability. Locust Grove challenged the validity and weight of pulmonary function studies. The Board upheld the judge's finding that the qualifying…

January 5, 2024 ·BRB
Affirmed
COMM

Donald L. Hughes v. Abbott Engineering, Incorporated

Hughes v. Abbott Engineering (BRB 22-0426 BLA): surveying work and benefits award upheld

Donald Hughes received black lung benefits after working as a surveyor at coal mines. Abbott Engineering argued that surveying was not coal mine employment and that it was not responsible for the benefits claim. The Board upheld the judge's findings that Hughes regularly worked at mine sites and…

January 5, 2024 ·BRB
Affirmed
COMM

Takiah Smith v. Vectrus Systems Corporation (formerly Exelis Systems Corporation)

Smith v. Vectrus Systems (BRB 22-0416): psychological injury claim held timely

Takiah Smith worked for Vectrus as an operations coordinator in Kuwait and developed a work-related psychological condition after a fire in employer-provided housing. An administrative law judge granted medical benefits but denied disability benefits because he found her psychological injury claim…

January 5, 2024 ·BRB
Mixed result
COMM

Bernadette Staten, widow of Dale R. Staten v. Consolidation Coal Company

Staten v. Consolidation Coal (BRB 22-0238 and 23-0020 BLA): survivor benefits and fee award affirmed

Bernadette Staten sought survivor benefits after her husband Dale Staten died. The judge found that he had more than 28 years of underground coal mine work and a totally disabling respiratory impairment at the time of his death, then awarded benefits under the fifteen-year presumption. The Board's…

January 5, 2024 ·BRB
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.