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

M.F. and U.S. Postal Service, Baltimore Post Office

Board orders revised impairment review of postal clerk's carpal tunnel award (ECAB 23-0881)

A postal clerk with accepted carpal tunnel syndrome received a schedule award for five percent impairment of each arm. She sought a higher rating, and a second-opinion physician rated seven percent on each side. The Board found that physician had omitted required preoperative clinical studies and a…

December 6, 2023 ·ECAB
Remanded
COMM

J.M. and Department of the Air Force, Laughlin Air Force Base

Board orders new exposure review of Air Force painter's lung claim (ECAB 23-0743)

A retired Air Force painter claimed breathing problems from years of chemical and paint exposure. OWCP accepted the exposure but denied the occupational disease claim after a second-opinion physician found no work-related pulmonary condition. The Board found that OWCP had given that physician an…

December 6, 2023 ·ECAB
Remanded
COMM

D.C. and Department of Homeland Security, Transportation Security Administration

Board upholds end of TSA screener's injury benefits (ECAB 22-1177)

A TSA screener received benefits after an accepted chest and right shoulder injury from lifting bags at work. OWCP later ended wage-loss and medical benefits after a second-opinion surgeon found no remaining disability or treatment need from that injury. The Board found his conclusion supported by…

December 6, 2023 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Local 2053, Council 243 and United States Department of the Navy, Commander, Navy Region Southeast

AFGE Local 2053 and Navy Region Southeast (FLRA 0-AR-5886): Authority enforces fourteen-day grievance deadline

Navy Region Southeast placed employees on a compressed schedule in 2018 and did not pay overtime for hours exceeding eight per day or forty per week. AFGE Local 2053 challenged the practice in 2022, but the collective-bargaining agreement required grievances within fourteen days after the incident…

December 6, 2023 ·FLRA
Upheld
COMM

Bobby Collins v. Consol of Kentucky, Incorporated

Board upholds coal miner’s benefits award based on medical opinion (BRB 22-0533)

Consol of Kentucky appealed a black lung benefits award to former coal miner Bobby Collins. The judge found that Collins had at least thirty years of qualifying coal mine employment and was totally disabled by a respiratory impairment. The Board upheld the judge’s reliance on a reasoned medical…

December 5, 2023 ·BRB
Affirmed
COMM

Harvey H. Johnson, Jr. v. The Monongalia County Coal Company

Board upholds coal miner’s benefits award based on occupational limits (BRB 22-0517)

The Monongalia County Coal Company appealed a benefits award to former coal miner Harvey Johnson. The judge found that Johnson’s respiratory impairment prevented him from performing the demanding work of his former mine job, even though his objective tests alone did not establish total disability…

December 5, 2023 ·BRB
Affirmed
COMM

Robert L. McCowan v. Laurel Run Mining Company

Board sends coal miner’s denied claim back for review of lung disease evidence (BRB 22-0501)

Robert McCowan appealed the denial of a later black lung benefits claim. The judge found that he had worked at least 24 years underground and was totally disabled, but that his employer had disproved pneumoconiosis. The Board held that the judge had misread a positive x-ray interpretation, had not…

December 5, 2023 ·BRB
Remanded
COMM

Y.J. and U.S. Postal Service, Oakland Main Post Office

Board upholds denial of late request to revisit postal worker's benefits termination (ECAB 23-0797)

A postal worker sought to reopen a 2001 decision that ended benefits for an accepted neck injury. She argued that her neck pain and limitations continued and submitted a later physician report. OWCP treated her 2022 reconsideration request as untimely. The Board agreed, finding that the report did…

December 5, 2023 ·ECAB
Affirmed
COMM

D.T., claiming as widow of W.T., and Department of Transportation, Federal Aviation Administration, Philadelphia International Airport

Board orders new medical review of FAA controller's survivor claim (ECAB 23-0723)

The widow of an air traffic controller sought survivor benefits after his death in 2021. OWCP had accepted several physical and psychiatric conditions from his work, but denied the survivor claim. Its medical adviser questioned whether the employee had PTSD, despite OWCP's acceptance of that…

December 5, 2023 ·ECAB
Remanded
COMM

N.B. and Department of Veterans Affairs, West Los Angeles VA Medical Center

Board orders clarification of VA doctor's chair-fall injury claim (ECAB 23-0690)

A VA physician fell backward from a chair at work and reported new neck problems and worsening symptoms from an earlier accepted back injury. OWCP accepted that the fall occurred but denied the new injury claim for insufficient medical causation evidence. An OWCP second-opinion neurologist…

December 5, 2023 ·ECAB
Remanded
COMM

A.B. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol

Board affirms denial of Border Patrol agent's hernia schedule award (ECAB 23-0673)

A Border Patrol agent developed hernias and abdominal diastasis after pulling himself into a service vehicle at work. OWCP accepted those conditions, and physicians assigned impairment percentages. The Board held that FECA schedule awards cover only listed body members, organs, and functions…

December 5, 2023 ·ECAB
Affirmed
COMM

L.M. and U.S. Postal Service, Cardiss Collins Post Office

Board declines to add arthritis to postal worker's accepted claims (ECAB 23-0605)

A postal worker had accepted hand and wrist conditions and sought to add arthritis of her back, hips, and knees. She said harassment while working with restrictions led to anxiety, weight gain, and worsening arthritis. The Board found that alleged workplace harassment would require a separate claim…

December 5, 2023 ·ECAB
Affirmed
COMM

M.J. and U.S. Postal Service, Harwood Heights Post Office

Board upholds refusal to reopen postal worker's treatment claim (ECAB 23-0566)

A postal carrier with accepted knee and shoulder injuries asked OWCP to resume medical treatment years after her last documented care. OWCP found that she had not shown a renewed treatment need caused by the accepted injury. She requested reconsideration and submitted newer shoulder imaging and…

December 5, 2023 ·ECAB
Affirmed
COMM

M.F. and U.S. Postal Service, Philly Metro District Office

Board orders combined review of postal worker's two heel claims (ECAB 23-0417)

A postal worker reported heel pain after slipping on a cobblestone street at work in 2020. OWCP denied the claim for insufficient medical evidence connecting a condition to that incident. The worker had an earlier accepted claim involving the same left foot and heel. The Board found that a proper…

December 5, 2023 ·ECAB
Remanded
COMM

H.S. and Department of Veterans Affairs, Boston Home and Community-Based Services, Brockton Campus

Board orders combined review of VA technician's related emotional-condition claims (ECAB 22-1206)

A VA pharmacy technician claimed depression and anxiety arising from alleged harassment and unwanted touching at work. OWCP denied her emotional-condition claim, finding that the alleged employment factors were not established. The Board found that she had filed other claims involving related…

December 5, 2023 ·ECAB
Remanded
COMM

Secretary of Labor v. Entact

Returned assessment never became final

MSHA mailed Entact's proposed assessment to a former Pennsylvania address, and Postal Service records showed it was returned because the occupant had moved. Entact's current safety director and address of record were in Illinois, and the company found no copy of the assessment in its offices or…

December 4, 2023 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Dyno Nobel

Holiday staffing and citation confusion excused delay

Dyno Nobel received a proposed assessment during the holiday period while personnel were absent and offices were closed. The assessment was not forwarded to counsel, and staff also confused the citation with a related citation issued on the same date. The company discovered the final order by…

December 4, 2023 ·FMSHRC
Remanded
COMM

Harold Harris v. Clinchfield Coal Company

Board upholds denial of coal miner’s benefits claim after review of scans (BRB 23-0071)

Harold Harris appealed the denial of his black lung benefits claim. Although one x-ray supported a finding of complicated pneumoconiosis, the judge found that CT scans and medical opinions did not, and the Board upheld her weighing of all the evidence. The Board also upheld the finding that Harris…

December 4, 2023 ·BRB
Affirmed
COMM

Harvey Hess v. Island Creek Coal Company

Board upholds coal miner’s benefits award after employer fails to rebut presumption (BRB 23-0067)

Island Creek Coal Company appealed a black lung benefits award to former coal miner Harvey Hess. The judge found that Hess’s underground mine work and total respiratory disability triggered a statutory presumption linking his disability to pneumoconiosis. The Board upheld the judge’s decision to…

December 4, 2023 ·BRB
Affirmed
COMM

Michael J. Dickey v. Keystone Coal Mining Corporation

Board upholds coal miner’s benefits award based on medical opinions (BRB 23-0011)

Keystone Coal Mining Corporation appealed a benefits award to former coal miner Michael Dickey. The judge found that a doctor’s assessment of Dickey’s breathing impairment and the physical demands of his underground beltman job established total disability. The Board upheld that assessment even…

December 4, 2023 ·BRB
Affirmed
COMM

Matthew E. Roszak v. Consol Pennsylvania Coal Company

Board upholds coal miner’s benefits award based on dust-related lung disease (BRB 22-0529)

Consol Pennsylvania Coal Company appealed a black lung benefits award to former coal miner Matthew Roszak. Because Roszak had fewer than fifteen years of coal mine employment, the award rested on direct proof of lung disease, disability, and causation. The Board upheld the judge’s reliance on a…

December 4, 2023 ·BRB
Affirmed
COMM

Roger L. Hale, Sr. v. Jewell Smokeless Coal Corporation

Board upholds coal miner’s benefits award based on dust-related lung disease (BRB 22-0521)

Jewell Smokeless Coal Corporation appealed a benefits award to former coal miner Roger Hale after an earlier Board remand. Hale had fewer than fifteen years of coal mine employment, so his claim depended on direct proof of lung disease and its contribution to disability. The Board upheld the…

December 4, 2023 ·BRB
Affirmed
COMM

Raymond V. Burnette v. The Monongalia County Coal Company

Board upholds coal miner’s benefits award based on breathing tests (BRB 22-0516)

The Monongalia County Coal Company appealed a benefits award to former coal miner Raymond Burnette. The judge found that Burnette was totally disabled based on pulmonary function studies and medical opinions, and the Board upheld that finding. It agreed that one doctor’s supplemental report…

December 4, 2023 ·BRB
Affirmed
COMM

S.M. and U.S. Postal Service, Georgetown Post Office

S.M. and U.S. Postal Service (ECAB 23-0991): overpayment finding reversed

A Postal Service rural carrier associate received wage loss compensation for a period when OWCP said she had returned to full-time work. She had attempted to return, but the employer did not let her work and then placed her off duty without pay. The Board found no evidence that she received wages…

December 4, 2023 ·ECAB
Vacated
COMM

J.C. and Department of Labor, Mine Safety and Health Administration

Board orders impartial review of MSHA inspector's hearing-loss claim (ECAB 23-0933)

An MSHA inspector claimed hearing loss after years around loud equipment at surface and underground mines. OWCP accepted that he encountered hazardous noise but denied the claim after its second-opinion physician said the loss was unrelated to work. The inspector's physician attributed worsening…

December 4, 2023 ·ECAB
Remanded
COMM

C.V. and U.S. Postal Service, Bushwick Post Office

Board reverses termination of postal carrier's injury benefits (ECAB 23-0913)

A postal carrier received benefits for accepted back and knee injuries. OWCP later terminated her wage-loss and medical benefits using an impartial examiner's opinion. The Board found that a prior accepted claim involved the same lower back area, but OWCP had not combined the two files before…

December 4, 2023 ·ECAB
Vacated
COMM

F.F. and U.S. Postal Service, Wilkes Barre Post Office

Postal carrier's left knee claim returned for medical review (ECAB 23-0721)

A postal carrier reported worsening left knee pain after walking a delivery route through deep snow on March 16, 2017. OWCP accepted that the incident occurred but denied the injury claim because it found the medical evidence insufficient to link a diagnosed condition to the work incident. The…

December 4, 2023 ·ECAB
Remanded
COMM

J.M. and U.S. Postal Service, Roswell Post Office

Postal worker's reconsideration request returned for an explained decision (ECAB 23-0612)

A postal clerk filed an occupational disease claim for knee, shoulder, foot, and back conditions he attributed to his work duties. OWCP denied the claim and later rejected his reconsideration request as untimely, saying he had not shown clear evidence of error. The Board found that OWCP had not…

December 4, 2023 ·ECAB
Remanded
COMM

D.S. and U.S. Postal Service, Detroit Post Office

Postal carrier's wage loss claim denied for missing medical support (ECAB 23-0414)

A postal carrier injured his left shoulder lifting a heavy parcel, and OWCP accepted the shoulder injury. He then claimed wage loss compensation for June 11 through August 12, 2022. The Board found that his physician diagnosed shoulder problems but did not say whether the accepted injury disabled…

December 4, 2023 ·ECAB
Affirmed
COMM

R.C. and U.S. Postal Service, Post Office, Peekskill

Postal carrier's injury claim denied for insufficient causation evidence (ECAB 23-0413)

A postal carrier said his foot caught under a forklift and he fell, injuring his left elbow and right ankle. OWCP accepted that the December 28, 2020 incident occurred but denied the injury claim because the medical evidence did not establish that the incident caused a diagnosed condition. The…

December 4, 2023 ·ECAB
Affirmed
ALJ

Wildcat Renovation, LLC

EAJA fee application denied after citations were vacated

OSHA cited Wildcat Renovation after a concrete wall fell during demolition and struck an employee, who died from his injuries. The judge later vacated both demolition citations, and Wildcat applied for attorney fees and expenses under the Equal Access to Justice Act. Although Wildcat was allowed to…

December 4, 2023 ·Heather A. Joys ·OSHRC
Procedural
COMM

Matter of M-R-M-S-, et al.

Family membership was incidental to a cartel’s land-acquisition goal

The Board reviewed Mexican family members’ applications for asylum and withholding of removal after a criminal cartel forced them from their land and killed a family member. The Board held that the evidence showed the cartel’s goal was to obtain control of the land, making family membership…

December 1, 2023 ·BIA
Affirmed
COMM

R.W. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Pollock

Prison employee's late compensation appeal dismissed (ECAB 24-0095)

An employee of the Federal Bureau of Prisons appealed an August 10, 2022 OWCP decision in November 2023. The Board found that the appeal came after the 180-day deadline. The employee said OWCP had given incorrect filing instructions, but the Board found that explanation did not establish the…

November 30, 2023 ·ECAB
Procedural
COMM

T.B. and U.S. Postal Service, Post Office, Bedford Park

Postal worker's late appeal dismissed (ECAB 24-0094)

A postal worker appealed a November 1, 2022 OWCP decision on November 13, 2023. The Board calculated the 180-day appeal deadline as May 1, 2023 because the 180th day fell on a Sunday. The worker filed more than six months after that deadline and did not provide documentation showing compelling…

November 30, 2023 ·ECAB
Procedural
COMM

D.B. and Department of the Air Force, 733rd Logistics Readiness Squadron, Joint Base Langley-Eustis

Air Force employee's late compensation appeal dismissed (ECAB 24-0067)

An Air Force employee appealed a November 21, 2022 OWCP decision on October 9, 2023. The Board found that the 180-day appeal period had ended on May 20, 2023. The employee did not supply an explanation and documentation showing compelling circumstances for a late filing. The Board dismissed the…

November 30, 2023 ·ECAB
Procedural
COMM

W.S. and Department of Homeland Security, Federal Protective Service

Federal Protective Service employee's late appeal dismissed (ECAB 24-0063)

A Federal Protective Service employee appealed a May 19, 2016 OWCP decision on October 31, 2023. The Board found that the 180-day appeal deadline had passed on November 15, 2016. The employee did not explain the delay with supporting documentation sufficient to establish compelling circumstances…

November 30, 2023 ·ECAB
Procedural
COMM

B.E. and U.S. Postal Service, Post Office, Bozeman

Postal worker's three-day-late appeal dismissed (ECAB 24-0055)

A postal worker appealed an April 28, 2023 OWCP decision on October 28, 2023. The Board found that the 180-day filing period had ended on October 25. The worker filed three days late and did not provide an explanation and documentation sufficient to establish compelling circumstances for an…

November 30, 2023 ·ECAB
Procedural
COMM

S.K. and U.S. Postal Service, Hartford Processing & Distribution Center

Postal worker's appeal dismissed because the record lacked an OWCP decision (ECAB 24-0053)

A postal worker appealed what the filing described as a September 11, 2023 OWCP decision. The record sent to the Board contained no final adverse OWCP decision issued within 180 days of the appeal. The Board found it had no decision over which it could exercise jurisdiction and dismissed the…

November 30, 2023 ·ECAB
Procedural
COMM

T.R. and U.S. Postal Service, Post Office, Richmond

Postal worker's appeal from two OWCP decisions dismissed as late (ECAB 24-0043)

A postal worker appealed an October 2022 OWCP merits decision and a November 2022 nonmerits decision on October 26, 2023. The Board found that the 180-day filing periods had expired in April and May 2023, respectively. The worker did not supply an explanation and supporting documentation…

November 30, 2023 ·ECAB
Procedural
COMM

T.E. and U.S. Postal Service, New York International Service Center, John F. Kennedy International Airport

Postal worker's appeal dismissed at the worker's request (ECAB 23-1183)

A postal worker filed a timely appeal from a September 11, 2023 OWCP merits decision. The worker then asked to withdraw the appeal in a letter dated and received October 26, 2023. The Board granted the request and dismissed the appeal. It did not review the compensation merits.

November 30, 2023 ·ECAB
Procedural
COMM

D.L. and Department of the Navy, Naval Facilities Engineering Command

Navy engineer's shoulder injury claim denied for lack of a firm diagnosis (ECAB 23-0967)

A Navy environmental engineer said he injured his right shoulder after tripping over a cone while moving a hose at work. OWCP accepted that the January 9, 2023 incident occurred but denied the injury claim because the medical evidence did not establish a diagnosed condition. The Board found that an…

November 30, 2023 ·ECAB
Affirmed
COMM

D.B. and Department of the Army, U.S. Army Health Services Command, U.S. Army Dental Activity

Board upholds denial of authorization for prescribed medication (ECAB 23-0949)

An Army dental assistant had an accepted back injury from a 1998 workplace fall. OWCP declined to authorize Butalbital-Acetaminophen-Caffeine-Codeine because the record did not explain why it was medically necessary for the accepted conditions. OWCP asked the treating physician for a reasoned…

November 30, 2023 ·ECAB
Affirmed
COMM

D.H. and Tennessee Valley Authority, Hartsville Nuclear Plant

Board upholds denial of late hearing and reconsideration requests (ECAB 23-0910)

A Tennessee Valley Authority employee sought an oral hearing and reconsideration after OWCP terminated wage loss and medical benefits in December 2020. The hearing request arrived in January 2023, well after the 30-day period, and the Board found OWCP reasonably declined to grant a discretionary…

November 30, 2023 ·ECAB
Affirmed
COMM

V.C. and U.S. Postal Service, Post Office, Greensboro

Postal worker's schedule award claim returned for medical clarification (ECAB 23-0874)

A postal worker sought a schedule award for permanent impairment from an accepted back injury. OWCP had terminated his entitlement to a schedule award in 2016 after finding he refused suitable work, but an award could still cover impairment that reached maximum medical improvement before that…

November 30, 2023 ·ECAB
Remanded
COMM

S.R. and U.S. Postal Service, Inglewood Carrier Annex

Postal carrier's five percent leg impairment award upheld (ECAB 23-0808)

A postal carrier developed right foot and heel conditions from work activities, and OWCP accepted her claim. It awarded compensation for five percent permanent impairment of her right leg. She appealed for a greater award, but the Board found that OWCP's medical adviser had properly applied the…

November 30, 2023 ·ECAB
Affirmed
COMM

R.P. and Department of Veterans Affairs, VA Pittsburgh Healthcare System

VA nursing assistant's injury claim denial upheld (ECAB 23-0638)

A VA nursing assistant reported neck, shoulder, arm, and back problems after an elevator door struck her at work. OWCP accepted that the January 29, 2020 incident occurred but denied the injury claim for lack of medical evidence connecting the conditions to it. The Board found that the treating…

November 30, 2023 ·ECAB
Affirmed
COMM

D.H. and U.S. Postal Service, Post Office, Rochester

Postal worker's request to reopen wage loss claim denied (ECAB 23-0366)

A postal mail handler had an accepted aggravation of lumbar radiculopathy and sciatica and sought wage loss compensation. OWCP denied the wage loss claim, and she later requested reconsideration. The Board found her latest request was timely but repeated arguments already made and resubmitted a…

November 30, 2023 ·ECAB
Affirmed
COMM

V.O. and U.S. Postal Service, Post Office, New York

Postal carrier's elevator incident accepted and injury claim returned (ECAB 22-0677)

A postal carrier reported that an elevator door struck his head at work on December 1, 2021. OWCP denied his injury claim because it found he had not established that the event occurred. The Board found his account consistent with his supervisor's acknowledgment and an emergency room report. It…

November 30, 2023 ·ECAB
Remanded
COMM

A.J. and U.S. Postal Service, Post Office, Oklahoma City

Postal worker's occupational disease claim found timely (ECAB 23-0996)

A postal maintenance supervisor filed an occupational disease claim for knee problems she attributed to years of walking and standing on hard surfaces at work. OWCP denied the claim as late because she had recognized a possible work connection in 2015 but filed in 2023. The Board found that she had…

November 29, 2023 ·ECAB
Remanded
COMM

J.D. and U.S. Postal Service, Oakland Processing & Distribution Center

Postal worker's reconsideration request returned for an explained ruling (ECAB 23-0966)

A postal worker asked OWCP to reconsider a long-denied claim involving an alleged workplace dispute and a psychological condition. OWCP rejected his request as untimely and said it did not show clear error. The Board found that OWCP had not addressed his arguments about why he believed his claim…

November 29, 2023 ·ECAB
Remanded
COMM

B.J. and U.S. Postal Service, Greens North Post Office

Postal carrier's reconsideration request returned for evidence review (ECAB 23-0927)

A postal carrier challenged OWCP's termination of wage loss and schedule award benefits after it found she had refused suitable work. She submitted a reconsideration request with medical reports about her ability to work. OWCP rejected the request as late and said it had received no new evidence or…

November 29, 2023 ·ECAB
Remanded
COMM

B.K. and U.S. Postal Service, Post Office, Los Angeles

Board affirms initial denial but orders review of new witness evidence (ECAB 23-0902)

A postal worker sought compensation for an emotional condition he attributed to comments at a staff meeting about employees on limited duty. OWCP denied the claim because the record at that point did not establish a compensable workplace event. The Board affirmed that decision on the earlier…

November 29, 2023 ·ECAB
Mixed result
COMM

E.M. and Department of Homeland Security, Transportation Safety Administration

Knee impairment claim returned for a clarified medical rating (ECAB 23-0848)

A Department of Homeland Security employee dislocated her left kneecap in a work fall, and OWCP accepted the injury. She sought a schedule award for permanent impairment, which OWCP denied. The Board found that OWCP's referral physician estimated seven percent leg impairment but also said she had…

November 29, 2023 ·ECAB
Remanded
COMM

S.T. and U.S. Postal Service, Mid-Island Processing & Distribution Center

Board reverses termination of postal worker's compensation and medical benefits (ECAB 23-0836)

A postal mail processor had accepted work-related conditions, and OWCP later terminated her wage loss and medical benefits after a physician reported that the conditions had resolved. The Board found that OWCP had given that physician an incomplete statement of accepted facts, omitting an accepted…

November 29, 2023 ·ECAB
Vacated
COMM

B.A. and U.S. Postal Service, Detroit Network Distribution Center

Postal worker's request to add left hernia to accepted claim denied (ECAB 23-0422)

A postal mail handler developed a right inguinal hernia after lifting mail sacks at work, and OWCP accepted that condition. Doctors also identified a left inguinal hernia, and the worker asked OWCP to add it to the accepted claim. The Board found that the doctors' reports described the left hernia…

November 29, 2023 ·ECAB
Affirmed
COMM

K.G. and Department of Veterans Affairs, Omaha VA Medical Center

VA nurse's continuation of pay denial reversed (ECAB 23-0027)

A VA nurse contracted COVID-19 in an accepted work incident and sought continuation of pay for time away from work. OWCP denied that benefit because it counted her injury notice as more than 30 days after the July 22, 2022 incident. The Board found that the 30th day fell on a Sunday, so the…

November 29, 2023 ·ECAB
Vacated
COMM

B.M. and Department of the Treasury, Internal Revenue Service

Board dismisses appeal from void OWCP decision (ECAB 22-1014)

An IRS employee appealed OWCP's denial of a recurrence of disability claim to the Board in January 2022. While that appeal was pending, OWCP issued another decision on the same issue in June 2022. The Board held that OWCP lacked jurisdiction to issue the later decision, making it null and void…

November 29, 2023 ·ECAB
Procedural
COMM

B.M. and Department of the Treasury, Internal Revenue Service

IRS employee's recurrence of disability claim denied (ECAB 22-0410)

An IRS employee with accepted hand, arm, and shoulder conditions claimed that she again became unable to work in February 2021. Her treating physician and OWCP's second opinion physician disagreed about her work capacity, so OWCP obtained an impartial examination. The impartial physician found some…

November 29, 2023 ·ECAB
Affirmed
COMM

Federal Education Association, Stateside Region and United States Department of Defense Education Activity, Domestic Dependent Elementary and Secondary Schools

Federal Education Association and DOD Education Activity (FLRA 0-AR-5656): Authority upholds competitive-service hiring change

DOD Education Activity decided to fill certain vacancies and new positions through the competitive service while leaving current employees in the excepted service. After an earlier Authority remand, the arbitrator found that the change did not violate the agreement's priority-consideration clause…

November 29, 2023 ·FLRA
Upheld
COMM

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (amended)

Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178): Reinstatement continued through finality and required full pay

Alvaro Saldivar received temporary economic reinstatement after alleging that Grimes Rock fired him for safety complaints, with the company initially paying the difference between his new wages and his former mine wages. After Saldivar was incarcerated and Grimes discovered additional…

November 28, 2023 ·FMSHRC
Mixed result

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.