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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R.C. and Department of Homeland Security, Customs & Border Protection, Brownsville, TX
Board upholds denial of hearing loss award for border officer (ECAB 23-0334)
A customs and border protection officer had accepted work related hearing loss and tinnitus after years of noise exposure. He sought a permanent impairment schedule award. The medical adviser calculated zero percent ratable hearing loss in each ear under the impairment guide, even accounting for a…
D.P. and Department of Veterans Affairs, Des Moines VA Medical Center, Des Moines, IA
Board returns VA pharmacist's COVID pay claim for correct injury date (ECAB 23-0224)
A VA pharmacist sought continuation of pay after reporting COVID-19 exposure at work. OWCP denied the request because it found that he had filed his injury form too late. The Board held that OWCP had not used the last exposure before the medical diagnosis as the injury date, as required by its…
J.E. and Department of Homeland Security, Federal Emergency Management Agency, Boston, MA
Board upholds denial of FEMA worker's Lyme disease wage loss claim (ECAB 23-0140)
A FEMA geographer had an accepted Lyme disease claim after a tick bite during a travel assignment. He sought compensation for intermittent work absence from September 2017 through March 2018. A physician attributed disability to chronic Lyme disease and another tick borne infection, but the Board…
P.V. and U.S. Postal Service, Post Office, San Jose, CA
Board dismisses postal employee's appeal at appellant's request (ECAB 23-0042)
A San Jose postal employee appealed an OWCP decision issued on April 19, 2022. The employee later asked the Board to dismiss the appeal. The Board granted the request and dismissed the appeal without deciding the underlying compensation issue.
S.H. and U.S. Postal Service, Arlington Station Post Office, Baltimore, MD
Board returns postal carrier's wage loss claim for a period specific medical opinion (ECAB 23-0024)
A postal carrier sought wage loss for a period after accepted injuries from slipping on ice. An impartial examiner supported adding a lumbar disc rupture and nerve condition to her accepted claim, but did not address whether those injuries disabled her during the specific period claimed. The Board…
H.L. and U.S. Postal Service, Jim Falls Post Office, Jim Falls, WI
Board returns postal carrier's knee claim for a second medical opinion (ECAB 22-1369)
A postal rural carrier tripped on a rug at work and later sought compensation for a left meniscus tear and worsened right knee arthritis. His treating orthopedist explained how twisting during the fall could cause both conditions. The Board found the explanation sufficient to require OWCP to…
D.M. and U.S. Postal Service, Portage Post Office, Portage, IN
Board upholds denial of added conditions and impairment award for retired postal clerk (ECAB 21-0805)
A retired postal clerk had an accepted cervical and lumbar condition from years of mail handling. She sought to add several joint and nerve conditions and requested a permanent impairment award. OWCP's referral physician found no medical support linking the additional conditions to her former work…
United States Department of the Army, Arizona Department of Emergency and Military Affairs, Arizona Army National Guard and Association of Civilian Technicians, Chapter 61
Arizona Army National Guard and ACT Chapter 61 (FLRA 0-AR-5860): Authority vacates delayed-separation award
The Arizona Army National Guard and the union agreed that dual-status technicians who lost military membership for medical reasons could seek renewable four-month extensions while disability-retirement claims were pending. The agency later rescinded that provision as inconsistent with federal law…
Secretary of Labor v. Blue Creek Mining, LLC
Safety director departure supported reopening
Blue Creek Mining missed its deadline to contest a proposed penalty assessment after the corporate safety director who normally filed contests left the company. The outgoing director did not submit the contest or alert another employee to the deadline. A paralegal discovered the oversight, and the…
Secretary of Labor v. Callender Construction Company, Inc.
Unopposed reopening request was granted
Callender Construction Company asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law Judge. It directed the Secretary to file a…
Rebecca Sargent, on behalf of the Estate of Ruth Blankenship, v. Clinch Valley Coal Company and Pittston Company
Sargent v. Clinch Valley Coal (BRB 22-0286): Black Lung benefits denial affirmed
Rebecca Sargent continued a Black Lung benefits claim for the estate of Ruth Blankenship, widow of miner Harlon Blankenship. A judge found that Harlon had 8.32 years of coal mine employment and was totally disabled, but had not shown that his disability was caused by pneumoconiosis. After an…
Albert Digiandomenico, Jr. v. The Marshall County Coal Company and Murray Energy Corporation Trust
Digiandomenico v. Marshall County Coal (BRB 22-0114): Black Lung benefits award affirmed
Albert Digiandomenico, Jr. received a Black Lung benefits award after the judge credited him with 15 years of underground coal mine work and found that he was totally disabled. Those findings gave him a statutory presumption that his disability was due to pneumoconiosis. Marshall County Coal and…
I.N. and U.S. Postal Service, Post Office, Macon, GA
Board upholds denial of postal carrier's shelving injury claim (ECAB 23-0466)
A postal carrier said metal shelving fell on her head, neck, and shoulders while she handled mail. OWCP accepted that the incident occurred, but denied the injury claim because she had not provided medical evidence identifying a condition caused by it. The Board found that no medical records had…
C.S. and Department of Commerce, U.S. Census Bureau, Los Angeles, CA
Board dismisses Census worker's appeal and late reconsideration petition (ECAB 23-0187)
A Census Bureau worker appealed what she described as a September 29, 2022 OWCP decision. That date actually identified an earlier Board order, and the record contained no final adverse OWCP decision that the Board could review. The Board dismissed the new appeal for lack of jurisdiction. It also…
S.T. and Department of the Army, San Antonio Military Medical Center, Fort Sam Houston, TX
Board upholds denial of Army nurse's reconsideration request (ECAB 23-0185)
An Army medical center nurse sought a schedule award after an accepted lumbar sprain. OWCP denied the award, then declined to reopen her claim when she requested reconsideration without submitting new evidence or argument. The Board reviewed only that later procedural decision because the appeal…
N.L. and Department of the Navy, Military Sealift Command, Naval Station Norfolk, Norfolk, VA
Board dismisses Navy worker's appeal without a reviewable OWCP decision (ECAB 23-0181)
A Navy Military Sealift Command worker appealed decisions he described as dated July 15 and November 16, 2022. The Board found no OWCP documents in the record issued on either date and no final adverse OWCP decision within the 180-day appeal period. It dismissed the appeal for lack of jurisdiction…
K.C. and Department of the Army, Tooele Army Depot, Tooele, UT
Board reverses termination of Army depot worker's wage loss benefits (ECAB 23-0128)
An Army depot mechanics helper had received wage loss compensation after a right knee injury in 1980. OWCP later terminated those benefits based on a second opinion that attributed most of his current knee pain to arthritis outside the accepted injury. The Board held that the opinion did not show…
R.V. and U.S. Postal Service, Mid-Island Processing & Distribution Center, Melville, NY
Board upholds denial of postal worker's shoulder and neck injury claim (ECAB 21-0976)
A postal mail handler reported neck and right shoulder symptoms after pulling a heavy mail container. OWCP accepted that the February 29, 2020 incident occurred but denied his injury claim. The Board found that the physicians' reports identified several conditions without a reasoned explanation…
C.M. and U.S. Postal Service, Ames Post Office, Omaha, NE
Board dismisses appeal of its earlier postal worker decision (ECAB 21-0177)
A postal worker attempted to appeal an October 27, 2020 decision. The Board identified that decision as its own earlier ruling, which had affirmed an OWCP decision from January 2019. The Board can hear an appeal from a final adverse OWCP decision issued within 180 days of the appeal, but the worker…
National Treasury Employees Union, Chapter 14 and United States Department of the Treasury, Internal Revenue Service
NTEU Chapter 14 and IRS (FLRA 0-AR-5855): Authority upholds denial of attorney fees for performance-award case
An arbitrator found that the IRS improperly evaluated an employee, raised the disputed performance scores, and ordered the performance award associated with the corrected rating. In a later fee ruling, the arbitrator denied the union's attorney-fee request because he found that the agreement made…
Naim Sadiku v. DynCorp International, LLC and Insurance Company of the State of Pennsylvania
Sadiku v. DynCorp International (BRB 22-0264): Defense Base Act benefits denial affirmed
Naim Sadiku worked for DynCorp International as a driver in Afghanistan and later sought Defense Base Act benefits for an alleged work-related psychological injury. The judge found his compensation claim untimely and, after reviewing the medical evidence, found that he had not proved a work-related…
Louise (Connie) Trent, on behalf of Timothy E. Lee, v. Reebok Coal Company and Old Republic Insurance Company
Trent v. Reebok Coal (BRB 22-0102): payer for Black Lung claim remains unresolved
Louise Trent pursued a Black Lung claim for the child of the late miner Timothy Lee. A judge awarded benefits and placed liability on the Black Lung Disability Trust Fund after finding that two companies had employed Lee more recently than Reebok Coal. The Director appealed the finding that either…
M.G. and Department of Homeland Security, U.S. Customs & Border Protection, U.S. Border Patrol, Rio Grande City, TX
Board upholds refusal to reopen Border Patrol worker's injury claim (ECAB 23-0200)
A Border Patrol agent claimed a low back injury after stepping across branches during work. OWCP denied his injury claim, then declined to reopen it on reconsideration. The Board reviewed only the later reconsideration ruling. It found that the new physician assistant form and return to work form…
T.H. and U.S. Postal Service, Shaker Heights Post Office, Shaker Heights, OH
Board upholds recovery of postal worker's $4,019.85 overpayment (ECAB 23-0194)
A postal worker returned to full-time modified duty in January 2022 but continued to receive wage loss compensation through February. OWCP calculated a $4,019.85 overpayment and found that she was not at fault. The Board agreed with the amount because she could not receive full disability payments…
S.A. and U.S. Postal Service, Oak Park Post Office, Oak Park, MI
Board orders combined review of postal worker's injury claims (ECAB 23-0184)
A postal letter carrier sought a schedule award tied to an accepted 2002 knee and back injury. She had later filed other claims involving her left lower extremity, but OWCP had not combined the claim files. The Board concluded that a full review of permanent impairment required OWCP to examine the…
M.C. and Department of the Navy, Naval Facilities Engineering Systems Command, Norfolk, VA
Board upholds five percent thumb award for Navy carpenter (ECAB 23-0130)
A Navy carpenter injured his left thumb while cutting carpet and received a schedule award for five percent permanent thumb impairment. He sought an award rated as impairment of the larger upper extremity. The Board found that his physician had not explained why the thumb injury extended into his…
R.E. and Department of Veterans Affairs, James A. Haley Veterans' Hospital, Tampa, FL
Board returns VA nurse's recurrence claim for a new OWCP decision (ECAB 22-0643)
A VA hospital nurse sought wage loss compensation for time off after returning to modified duty following an accepted back injury. In an earlier appeal, the Board had ordered OWCP to clarify his actual work assignment and issue a new decision. OWCP instead denied modification of its prior decision…
W.J. and U.S. Postal Service, Post Office, Palm Bay, FL
Board allows treatment time but denies full disability claim for postal carrier (ECAB 21-0846)
A postal carrier claimed wage loss for time away from work in November 2018 following an accepted back injury. The Board found that he attended authorized treatment on November 2, 7, and 9, entitling him to up to four hours of wage loss for each appointment. It found that the medical reports did…
C.R. and Social Security Administration, Office of the Chief Administrative Law Judge, Tampa, FL
Board declines larger arm impairment award for Social Security worker (ECAB 21-0559)
A Social Security Administration legal assistant sought a larger schedule award for accepted carpal tunnel syndrome and right elbow epicondylitis. OWCP had awarded four percent impairment of her right arm and one percent of her left arm. Her physician proposed a higher right arm rating by treating…
Gharda Chemicals International, Inc., and Red River Valley Sugarbeet Growers Association, et al.
In re Gharda Chemicals International, Inc., and Red River Valley Sugarbeet Growers Association, et al. (EAB FIFRA Appeal No. 23-02): Interlocutory review denied
Gharda Chemicals International, Inc. and grower organizations sought to pause a proceeding to cancel chlorpyrifos registrations while they challenged an EPA tolerance-revocation rule in the Eighth Circuit. The Administrative Law Judge denied the stay and declined to certify the order for…
Anita Baldwin, on behalf of Eddie Dean Baldwin, v. Island Creek Kentucky Mining and Island Creek Coal Company
Baldwin v. Island Creek (BRB 21-0547): Black Lung benefits denial affirmed by majority
Anita Baldwin continued her late husband Eddie Dean Baldwin's Black Lung claim. The judge credited him with 14.14 years of underground coal mine work and found total disability, but denied benefits because the claim did not qualify for the 15 year presumption and disability causation was not…
N.T. and U.S. Postal Service, Holly Hill Post Office, Holly Hill, SC
Board reverses $7,343.39 overpayment finding against postal carrier (ECAB 21-1288)
OWCP found that a postal carrier had received $7,343.39 too much compensation because it had not offset her Social Security retirement benefits against FECA payments. The Board found that OWCP used a form designed for Federal Employees Retirement System participants without proving she belonged to…
L.L. and U.S. Postal Service, Cleveland-West Park Post Office, Cleveland, OH
Board upholds reduced wage loss payments based on postal worker's earnings (ECAB 21-1234)
A postal carrier with an accepted foot and ankle injury returned to work as a technology associate. OWCP reduced his wage loss compensation after finding that his actual earnings represented 80 percent wage earning capacity. The Board found that he had held the job for more than 60 days and that…
E.S. and U.S. Postal Service, Highland Station, Memphis, TN
Board reverses postal carrier's wage earning capacity determination (ECAB 21-1172)
A postal carrier returned to a modified office assistant position after an accepted left shoulder injury. OWCP used the job's earnings to find no loss of wage earning capacity. The job description required lifting up to 50 pounds for as much as six hours a day, while his doctor allowed that weight…
B.R. and Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, San Ysidro, CA
Board upholds injury and late hearing denials after Border Patrol crash (ECAB 21-1103)
A Border Patrol agent reported wrist and knee injuries after his vehicle struck a barrier while he was working. OWCP accepted that the crash occurred but denied the claim because the medical reports identified the collision without diagnosing a resulting injury. The Board agreed that those reports…
W.W. and Department of Veterans Affairs, Boise VA Medical Center, Boise, ID
Board denies VA worker's claim for fall during personal appointment (ECAB 21-1032)
A VA medical clerk fell while checking in for a personal medical appointment at his employer's hospital. He was on approved sick leave at the time. Although he had helped a veteran find the clinic on the way, the Board found no evidence that he was performing work duties when he fell at the…
D.S. and U.S. Postal Service, Post Office, Lehighton, PA
Board upholds termination of postal carrier's wage loss benefits (ECAB 21-0996)
A postal rural carrier injured her right wrist and thumb when a vehicle door struck them. Her employer offered a temporary light duty assignment that required no use of her right hand. The Board found the position matched the medical restrictions in place when it was offered. Later reports…
G.E. and U.S. Postal Service, Post Office, Banning, CA
Board denies higher wage loss rate based on guardianship of nephew (ECAB 21-0650)
A postal letter carrier asked OWCP to increase her wage loss compensation from the standard 66 2/3 percent rate to the 75 percent rate for workers with an eligible dependent. She was the legal guardian of her nephew and supplied a court guardianship order. The Board held that a nephew under…
Charles M. Skidmore v. Bluff Spur Coal Corporation and AIG Casualty Company/Chartis
Skidmore v. Bluff Spur Coal (BRB 22-0461): disability finding sent back
Charles Skidmore sought Black Lung benefits after 19.52 years of underground coal mine work. The judge denied his claim because he found no totally disabling respiratory impairment, which also prevented Skidmore from using the statutory presumption. The Board found that the judge had overlooked a…
Larry Wayne Posey v. Brownies Creek Collieries and The Travelers Companies, Incorporated
Posey v. Brownies Creek Collieries (BRB 22-0282): disability finding sent back
Larry Posey sought Black Lung benefits after earlier claims were denied. The judge found that the evidence did not establish a totally disabling respiratory impairment, so she denied the claim without deciding whether he had enough qualifying coal mine work for a statutory presumption. The Board…
Ricardo Sindayen v. Vigor Shipyard, Incorporated and Signal Mutual Indemnity Association Limited
Sindayen v. Vigor Shipyard (BRB 22-0235): hearing-loss wage calculation affirmed
Ricardo Sindayen, a shipyard painter, received permanent partial disability benefits for work-related hearing loss. He and Vigor Shipyard agreed that the hearing loss was work-related, but disputed the wage figure used to calculate benefits. The judge set his average weekly wage at $939.73 after…
Kevin Mark Graham v. Chief Mining, Incorporated and West Virginia Coal Workers’ Pneumoconiosis Fund
Graham v. Chief Mining (BRB 22-0230): Black Lung benefits award sent back
Kevin Graham sought to modify an earlier denial of Black Lung benefits. A judge recalculated his underground coal mine employment at 15.06 years, applied the statutory presumption based on that total and an unchallenged finding of total disability, and awarded benefits. Chief Mining challenged the…
Steven Holbrook, on behalf of Donald Holbrook, v. Arch of Kentucky/Apogee Coal Company and Arch Resources
Holbrook v. Arch of Kentucky (BRB 22-0229): Black Lung benefits award affirmed
Steven Holbrook pursued his late father Donald's Black Lung claim after Donald's death. The judge found that Donald had 16.4 years of underground coal mine work and a totally disabling respiratory impairment, triggering the statutory presumption that pneumoconiosis caused his disability. Arch of…
William R. Rose v. Magnet Coal, Incorporated and West Virginia Coal Workers’ Pneumoconiosis Fund
Rose v. Magnet Coal (BRB 22-0138): Black Lung benefits award affirmed
William Rose sought Black Lung benefits after 22.19 years of qualifying coal mine work. The judge found that recent pulmonary function tests and medical opinions established a totally disabling respiratory impairment, triggering the statutory presumption that pneumoconiosis caused his disability…
Raymond R. Collins v. Kiser Brothers Coal Company, Incorporated and Insurance of Wausau
Collins v. Kiser Brothers Coal (BRB 22-0027): Black Lung benefits award affirmed
Raymond Collins sought Black Lung benefits after 15 years of underground coal mine work. On remand, the judge found that Collins had a totally disabling respiratory impairment and applied the statutory presumption that his disability was due to pneumoconiosis. Kiser Brothers challenged the judge's…
Sunny E. Owens v. Four O Mining Corporation and Frontier Insurance Company
Owens v. Four O Mining (BRB 22-0026): Black Lung benefits denial affirmed
Sunny Owens sought Black Lung benefits after more than 15 years of qualifying coal mine work. The judge denied his claim because she found that the evidence did not establish a totally disabling respiratory or pulmonary impairment, a requirement for the statutory presumption and for benefits. The…
Hendrix v. CSX Transportation, Inc.
FRSA settlement approved and sealing denied
An administrative judge found that CSX Transportation violated the Federal Railroad Safety Act by suspending Chad Hendrix after he refused instructions that he alleged would violate hours-of-service laws. The parties settled while CSX's appeal was before the Board. The Board denied their request to…
S.D. and Department of Labor, Office of Workers' Compensation Programs, Jacksonville, FL
Board orders medical review of Labor claims examiner's overwork claim (ECAB 23-0898)
A Labor Department claims examiner sought compensation for an emotional condition she linked partly to a heavy workload. The Board found that coworker statements and work emails supported her account that she had to cover phone duties while completing a high volume of regular cases during shortened…
S.M. and Department of Justice, Bureau of Prisons, Federal Correctional Institution-Oakdale, Oakdale, LA
Board reverses wage loss reduction based on legal investigator job (ECAB 23-0353)
A federal correctional officer received compensation after an accepted left hip injury. OWCP later reduced his wage loss payments based on what he could earn as a legal investigator. The Board found that the medical report used to assess his work capacity was more than two years old when OWCP made…
R.C. and Department of Veterans Affairs, West Haven VA Medical Center, West Haven, CT
Board returns VA nurse's COVID continuation of pay claim (ECAB 23-0300)
A VA nurse reported workplace COVID-19 exposure and sought continuation of pay after testing positive. OWCP denied the request because it treated his claim form as filed more than 30 days after the injury. The Board found that OWCP had not applied its COVID-19 guidance, which uses the date of last…
K.L. and Department of Homeland Security, U.S. Customs and Border Protection, Glynco, GA
Board returns overpayment waiver issue in Customs officer's case (ECAB 23-0149)
A Customs and Border Protection officer received total disability payments after returning to full-time modified duty. The Board upheld OWCP's $1,078.68 overpayment finding, while recognizing that she was not at fault. It sent the waiver issue back because OWCP had failed to consider financial…
S.W. and U.S. Postal Service, Milwaukee Processing & Distribution Center, Milwaukee, WI
Board affirms three benefit denials for postal mail handler (ECAB 21-1227)
A postal mail handler sought a combined back and hip brace, wage loss for time away from work in 2020, and an increase above his 31 percent left leg impairment award. The Board found that the better supported medical opinion did not show the brace was needed for his accepted injury. His doctor's…
M.H. and Department of the Army, Fort Carson, CO
Board upholds late reconsideration denial for Army worker's knee claim (ECAB 21-1152)
An Army purchasing agent sought reconsideration of OWCP's denial of a knee injury claim. Her request reached OWCP more than one year after its last merits decision. The Board found that a later medical report suggesting a possible meniscal tear did not meet the demanding clear-error standard for a…
C.S. and Department of Veterans Affairs, Doris Miller VA Medical Center, Waco, TX
Board accepts VA laundry worker's facial contusion claim (ECAB 21-0560)
A VA laundry worker was struck in the face during a confrontation with a coworker. OWCP accepted the incident but denied her injury claim. Her doctor diagnosed a facial contusion after examining her. The Board held that the visible injury and medical record established a contusion caused by the…
American Federation of Government Employees, Local 12 and United States Department of Labor
AFGE Local 12 and Department of Labor (FLRA 0-NG-3631): Authority rejects performance-rating restrictions
The Department of Labor changed how it weighted elements in employee performance standards. AFGE Local 12 proposed a ninety-day adjustment period whose performance could not lower annual ratings, along with caps on the percentage weight assigned to individual elements. The Authority found both…
International Federation of Professional and Technical Engineers, Local 1 and United States Department of the Navy, Mid-Atlantic Regional Maintenance Center, Norfolk, Virginia
IFPTE Local 1 and Mid-Atlantic Regional Maintenance Center (FLRA 0-AR-5868): Authority upholds non-arbitrability ruling
The union grieved a requirement that its vice president report to a building each morning to request official time. After invoking arbitration, the union requested an arbitrator panel before the parties met to try to select an arbitrator as their agreement required. The arbitrator found that…
United States Department of Veterans Affairs, Marion Veterans Administration Medical Center, Marion, Illinois and American Federation of Government Employees, Local 2483
Marion VA Medical Center and AFGE Local 2483 (FLRA 0-AR-5852): Authority upholds environmental-differential pay
Housekeepers and plumbers at Marion VA healthcare facilities sought environmental-differential pay for regular exposure to potentially harmful micro-organisms. An arbitrator found that bloodborne-disease, splash, contaminated-waste, and patient-related hazards occurred daily and that safety…
Robert W. Baker v. Wyoming Pocahontas Land Company
Baker v. Wyoming Pocahontas Land Company (BRB 22-0166): Attorney fees increased and order required on remand
Robert Baker received Black Lung benefits, and his counsel sought fees for the successful claim. An administrative law judge reduced a paralegal's requested hourly rate from $150 to $100, then kept that rate after an earlier Board remand. The Board found that the judge had not given a sound reason…
Eric J. Griedel v. Consol of Pennsylvania Coal Company
Griedel v. Consol of Pennsylvania Coal Company (BRB 22-0078): Black Lung benefits award affirmed
Eric Griedel sought Black Lung benefits after 34 years of coal mine employment, including at least 15 years underground. The judge found a totally disabling respiratory impairment and applied the statutory presumption that Griedel's disability was due to pneumoconiosis. Consol of Pennsylvania Coal…
William J. Crytzer v. Eighty-Four Mining Company
Crytzer v. Eighty-Four Mining (BRB 22-0076): Black Lung benefits award affirmed
William Crytzer sought Black Lung benefits after 37 years of underground coal mine work. The judge found a totally disabling respiratory impairment based partly on a qualifying blood gas result obtained immediately after exercise and applied the statutory presumption of disability due to…
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.