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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Michael G. Cash v. Arch of Kentucky/Apogee Coal Company and Arch Coal, Incorporated
Cash v. Arch of Kentucky (BRB 21-0374): Black Lung benefit award affirmed
Michael Cash sought Black Lung benefits after at least 15 years of underground coal mine work. The administrative law judge found that his breathing impairment was totally disabling and that Arch of Kentucky/Apogee Coal and its self-insurer were liable for benefits. The employer challenged the…
M.H. and Department of the Air Force, Hickam Air Force Base, HI
Board returns Air Force worker's knee claim for causation review (ECAB 23-0189)
An Air Force security specialist reported knee injuries after falling on stairs at work. OWCP accepted that the fall occurred but denied the claim on the ground that no condition had been diagnosed. The Board found that a physician had diagnosed strains of both knees and lower legs in reports that…
J.M. and Department of Veterans Affairs, Corporal Michael J. Crescenz VA Medical Center, Philadelphia, PA
Board upholds denial of VA worker's left arm fracture claim (ECAB 22-0897)
A VA medical instrument technician fell at work and was diagnosed with a left radial head fracture. OWCP accepted that the February 17, 2022 fall occurred but denied the claim. The Board found that the surgeon's reports named the diagnosis and date of injury but did not give an opinion explaining…
S.L. and U.S. Postal Service, Livermore Annex, Livermore, CA
Board returns postal carrier's parcel lifting claim for medical review (ECAB 22-0440)
A postal city carrier reported groin pain after lifting a heavy parcel for delivery on December 3, 2019. OWCP disputed whether the incident occurred. The Board found that the carrier's account was supported by delivery timing, a photograph, a customer's statement, and prompt medical treatment. It…
L.E. and Department of Veterans Affairs, Alexandria VA Medical Center, Alexandria, LA
Board upholds VA nurse's $56,768.98 benefit overpayment (ECAB 22-0203)
A VA licensed practical nurse received FECA wage loss compensation and Social Security retirement benefits for the same period without the required offset. The Board upheld OWCP's $56,768.98 overpayment finding and found that she was without fault. It also upheld denial of a waiver because she did…
R.C. and Department of Homeland Security, Customs & Border Protection, Murrieta, CA
Board returns border agent's arthritis claim for combined file review (ECAB 21-0883)
A border patrol agent attributed arthritis and other joint conditions to decades of physical duties and earlier accepted injuries. OWCP denied the occupational disease claim while his prior injury files remained separate. The Board found that proper review depended on cross-referencing the related…
Alaska Native Tribal Health Consortium
COVID-19 respirator citation vacated
The Alaska Native Tribal Health Consortium co-managed an Anchorage healthcare facility where employees treated patients during the COVID-19 pandemic. OSHA alleged that employees caring for suspected or confirmed COVID-19 patients were given surgical masks rather than NIOSH-certified respirators…
Secretary of Labor v. Pocahontas Coal Company, LLC
Roof-bolter dust settlement approved
One citation concerning a forklift wiring schematic remained unchanged at $133. A second citation found accumulated drill dust behind primary and secondary filters on a roof bolter, with dust visibly suspended during startup and operation and potential for silicosis or coal miners' pneumoconiosis…
John Stepp v. Director, Office of Workers' Compensation Programs
Stepp v. Director, OWCP (BRB 22-0237): Trust Fund directed to pay benefits
John Stepp appealed an administrative law judge's denial of Black Lung benefits. While the appeal was pending, the Director of the Office of Workers' Compensation Programs withdrew opposition to every issue concerning Stepp's entitlement. The Director asked the Board to send the claim to the…
Donald R. Thornton v. Energy Plus, Incorporated and West Virginia Coal Workers' Pneumoconiosis Fund
Thornton v. Energy Plus (BRB 21-0586): disability finding remanded again
Donald Thornton sought Black Lung benefits after 15.44 years of underground coal mine work. An administrative law judge denied benefits a second time after finding that blood gas studies and doctors' opinions did not establish total disability. The Board held that the judge had not adequately…
Charles E. Reece v. Director, Office of Workers' Compensation Programs
Reece v. Director, OWCP (BRB 21-0575): Black Lung benefit denial affirmed
Charles Reece appealed the denial of his Black Lung claim, arguing that the judge had understated his coal mine employment. The judge credited Social Security earnings records over questionnaires and affidavits that lacked reliable dates or verification, finding one year of coal mine work. The…
Dennis Phillips v. Dixie Fuel Company, LLC and Old Republic Insurance Company
Phillips v. Dixie Fuel (BRB 21-0555): subsequent Black Lung award affirmed
Dennis Phillips filed a subsequent Black Lung claim after an earlier denial. The administrative law judge found 20 years of qualifying coal mine work and a totally disabling respiratory impairment, which triggered the statutory presumption that his disability was due to pneumoconiosis. Dixie Fuel…
Larry Blackburn v. Consol of Kentucky, Incorporated and Peabody Energy Corporation
Blackburn v. Consol of Kentucky (BRB 21-0457R): reconsideration denied
The Board had affirmed Larry Blackburn's Black Lung benefit award in January 2023. Consol of Kentucky and Peabody Energy filed a timely request for reconsideration. After reviewing the request and its earlier decision, no Board panel member voted to grant reconsideration. The Board denied the…
Randy Vitatoe v. Kentucky May Mining Company, Incorporated
Vitatoe v. Kentucky May Mining (BRB 21-0390): Black Lung benefit award affirmed
Randy Vitatoe received a Black Lung benefit award after the judge credited him with 22 years of qualifying coal mine employment and found a totally disabling respiratory impairment. Kentucky May Mining challenged the telephone hearing, the employment finding, and the finding that it had not…
Billy D. Stidham v. Abundance Coal, Incorporated #3 and Chartis Casualty Company
Stidham v. Abundance Coal (BRB 21-0357): Black Lung benefit award affirmed
Billy Stidham filed a subsequent Black Lung claim after an earlier denial and had 27 years of underground coal mine work. The administrative law judge found that imaging and medical opinions established complicated pneumoconiosis, triggering the Act's irrebuttable presumption of total disability…
Andrew Hoffman v. Vigor Shipyard, Incorporated
Hoffman v. Vigor Shipyard (BRB 21-0114): reduced disability award affirmed
Andrew Hoffman received permanent partial disability benefits after a back injury while working as a marine painter. Years later, Vigor Shipyard sought to reduce the award based on Hoffman's steady post-injury earnings. The administrative law judge found those earnings fairly reflected increased…
T.K. and U.S. Postal Service, Post Office, Rockwood, TN
Board returns postal worker's shoulder reconsideration for evidence review (ECAB 22-1363)
A postal rural carrier sought reconsideration of a right shoulder injury claim. OWCP denied reconsideration, but the Board found that it had not addressed one physician's report and had reviewed other medical reports only summarily. The Board set aside that decision and directed OWCP to consider…
T.K. and U.S. Postal Service, Post Office, Rockwood, TN
Board dismisses appeal from void OWCP reconsideration decision (ECAB 22-1326)
A postal worker appealed OWCP's August 26, 2022 refusal to reconsider an earlier decision. The Board found that an appeal involving that earlier decision was already pending when OWCP acted. Because OWCP and the Board could not exercise jurisdiction over the same issue at the same time, OWCP's…
R.B. and U.S. Postal Service, Post Office, Tampa, FL
Board upholds denial of postal worker's late reconsideration request (ECAB 22-0273)
A postal city carrier sought reconsideration of an occupational right shoulder claim after the one-year deadline from OWCP's merits decision. The Board found the request untimely and the additional records insufficient to show clear error in OWCP's denial. It affirmed OWCP's refusal to reopen the…
C.B. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Board upholds refusal to reopen shipyard worker's recurrence claim (ECAB 22-0144)
A former Navy shipyard painter with an accepted carpal tunnel claim asked OWCP to reopen a recurrence issue. OWCP declined, and the Board reviewed only that nonmerit decision because the earlier merits decision was outside the Board's appeal window. The Board found that her argument did not show a…
National Treasury Employees Union, Chapter 116 and United States Department of Homeland Security, Customs and Border Protection
NTEU Chapter 116 and Customs and Border Protection (FLRA 0-AR-5826): Authority upholds dismissal of probationer grievances
Customs and Border Protection terminated a probationary employee after directing him to apologize for a disparaging remark. The union grieved alleged deception and the agency's refusal to hold a first-step meeting, while seeking reinstatement. An arbitrator found both grievances arose from the…
American Federation of Government Employees, Local 3197 and United States Department of Veterans Affairs, Puget Sound Health Care System, Seattle, Washington
AFGE Local 3197 and VA Puget Sound (FLRA 0-AR-5811): Authority denies reconsideration of untimely exceptions
The union filed no timely exceptions to an arbitrator's attorney-fee award and instead first asked the arbitrator to reconsider it. After the arbitrator denied reconsideration without changing the award, the union filed exceptions that the Authority dismissed as untimely. The union then asked the…
Dellareese Wilson v. Ceres Marine Terminals, CP & O, LLC, and Ports America Insurance Company
Wilson v. Ceres Marine Terminals (BRB 23-0152): premature appeal dismissed
Dellareese Wilson asked the administrative law judge to postpone a Longshore Act hearing so she could respond to a doctor's deposition. After the judge denied a continuance and reconsideration, Wilson appealed to the Board before the judge had decided her benefit claim. The Board held that the…
R.J. and U.S. Postal Service, Post Office, Oakland, CA
Board returns postal carrier's knee reconsideration for timely review (ECAB 22-1261)
A postal letter carrier asked OWCP to reconsider its denial of a left knee occupational disease claim. OWCP treated his December 6, 2021 request as late because the merits decision was dated December 4, 2020. The Board held that the one-year deadline fell on a Saturday, extending the filing period…
L.B. and U.S. Postal Service, Post Office, Auburn, CA
Board returns postal worker's disability claim for omitted evidence review (ECAB 22-1235)
A postal support employee with an accepted lumbar strain sought compensation for time off work in May and June 2022. OWCP denied the disability claim while stating that it had received no evidence before its development letter. The Board identified medical reports that had been received earlier…
M.C. and U.S. Postal Service, Post Office, Merrifield, VA
Board upholds denial of postal carrier's arm and ankle claim (ECAB 22-0992)
A postal city carrier claimed right forearm and heel conditions from walking her route, opening mailboxes, and handling heavy mail. OWCP accepted the work factors but denied the occupational disease claim. The Board found that some physicians diagnosed arm and Achilles conditions without addressing…
Z.G. and Department of Health & Human Services, Indian Health Services, Shiprock, NM
Board affirms denial of health service worker's pay and nerve claims (ECAB 22-0484)
An Indian Health Services social worker reported a left arm injury from a gate in January 2017 and later sought continuation of pay and recognition of additional nerve conditions. She did not file the injury claim within the 30-day period required for continuation of pay. The Board also found that…
D.M. and U.S. Postal Service, Chicago Loop Station, Chicago, IL
Board upholds refusal to reopen postal carrier's schedule award claim (ECAB 21-1224)
A Chicago postal carrier sought a further schedule award for her right arm after a prior award was subtracted from a later impairment rating. She asked OWCP to reconsider its decision twice, but did not submit new medical evidence with either request. The Board found that her arguments did not show…
Herbert Chaplin v. Mount & Dismount, LLC, doing business as Sullivan's Administrative Managers
Chaplin v. Mount & Dismount (BRB 22-0077): port work coverage remanded
Herbert Chaplin repaired tires for a company serving container chassis and claimed knee injuries from that work. An administrative law judge dismissed his Longshore Act claims without a hearing, finding that his work and injury sites were outside the Act's coverage. The Board held that unresolved…
K.W. and U.S. Postal Service, Post Office, Tampa, FL
Board returns postal carrier's back claim for omitted evidence review (ECAB 22-1258)
A postal rural carrier claimed a lower back injury while lifting boxes and dog food with a coworker. OWCP denied the claim, finding the work incident had not been established. The Board found that OWCP had failed to review several timely submitted reports, including work restrictions and back…
J.V. and Department of Homeland Security, U.S. Customs and Border Protection, Corpus Christi, TX
Board returns border agent's right shoulder claim for linked file review (ECAB 22-1047)
A retired border patrol agent claimed that heavy use of his right arm followed multiple accepted left shoulder injuries and surgeries. OWCP denied his right shoulder claim without combining the related prior files. The Board found that evaluating a possible consequential injury required reviewing…
B.O. and U.S. Postal Service, Santa Fe Post Office, Santa Fe, NM
Board returns postal worker's shoulder and wrist claims for combined review (ECAB 22-0855, 22-0856)
A postal customer service clerk filed separate claims for a right shoulder injury and a right wrist condition. Her physician said the wrist condition resulted from compensating for the shoulder injury. OWCP decided the claims separately. The Board found that both files concerned related right arm…
B.O. and U.S. Postal Service, Santa Fe Post Office, Santa Fe, NM
Board returns postal clerk's linked shoulder and wrist claims for combined review (ECAB 22-0855 and 22-0856)
A postal customer service clerk had separate claims for a right shoulder injury and a right wrist and hand condition. Her physician described the wrist condition as resulting from greater wrist use after shoulder limitation. The Board found that the two claims involved linked right arm conditions…
M.C. and Department of Homeland Security, Federal Emergency Management Agency, Berryville, VA
Board returns FEMA worker's late reconsideration for correct review standard (ECAB 21-1081)
A FEMA emergency management specialist claimed symptoms after workplace fume exposure. She later requested reconsideration of a denied hearing request. The Board found that the hearing decision was nonmerit, so the reconsideration deadline ran from the earlier June 27, 2019 merits decision. Her…
R.W. and U.S. Postal Service, Post Office, Richmond, VA
Board upholds refusal to reopen postal worker's knee claim (ECAB 21-0791)
A postal letter carrier requested reconsideration of a left knee injury claim after OWCP had denied it. He resubmitted medical records from his treating physician but did not raise a new legal argument or supply relevant new evidence. The Board held that repeating information already in the record…
D.B. and U.S. Postal Service, Pittsburgh Network Distribution Center, Warrendale, PA
Board returns postal custodian's carpal tunnel claim for medical review (ECAB 21-0731)
A retired postal custodian and former mail handler claimed bilateral carpal tunnel syndrome from repetitive work and vibrating equipment. OWCP relied on an impartial medical examiner who found insufficient work exposure to cause the condition. The worker later submitted a detailed physician opinion…
Secretary of Labor v. Genesis Alkali, LLC
Final assessment reopened after misaddressed contest
Genesis Alkali mailed both its payment and its notice of contest before the deadline. It mistakenly sent both to the St. Louis penalty payment address instead of sending the contest to MSHA's Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator…
Secretary of Labor v. Sun West Acquisition Corporation
Vague staffing claim and long delay defeated reopening
Sun West said a loss of staff prevented it from receiving or timely contesting a proposed assessment. It did not identify which staffing change occurred or explain how that change caused the missed deadline. The company filed its reopening motion 351 days after the assessment became final and…
Secretary of Labor v. Lehigh Cement Company, LLC
Timely contest went to payment address
Lehigh Cement mailed its notice of contest well before the deadline. It mistakenly sent the notice to MSHA's St. Louis penalty payment address instead of the Civil Penalty Compliance Office in Arlington. The Secretary did not oppose reopening but urged the operator to improve its filing process…
Jackie A. Johnson v. Wesley Leasing, Incorporated and West Virginia Coal Workers' Pneumoconiosis Fund
Johnson v. Wesley Leasing (BRB 22-0251): disability finding remanded
Jackie Johnson was awarded Black Lung benefits after the judge credited him with 19 years of qualifying coal mine work and found a totally disabling breathing impairment. Wesley Leasing and its insurer challenged the disability finding. The Board held that the judge had not explained why some…
Finnie D. Coleman v. Consolidation Coal Company
Coleman v. Consolidation Coal (BRB 22-0163): Black Lung award affirmed
Finnie Coleman sought Black Lung benefits after 25.8 years of underground coal mine work. After an earlier Board remand, the administrative law judge found that blood gas studies established a totally disabling respiratory impairment and awarded benefits under the statutory presumption…
Allen T. Mitchell v. Island Creek Kentucky Mining
Mitchell v. Island Creek Kentucky Mining (BRB 22-0116): appeal withdrawn for benefit payment
Island Creek Kentucky Mining appealed a Black Lung claim but then moved to withdraw its appeal. The employer accepted liability and asked that the claim be sent back for benefit payment. The Board treated the motion as withdrawal of the employer's opposition to all issues, dismissed the appeal, and…
Jackie E. Efaw v. Eastern Associated Coal Company and Peabody Energy Corporation
Efaw v. Eastern Associated Coal (BRB 22-0101): rebuttal finding remanded
Jackie Efaw received a Black Lung benefit award after the judge found 27 years of qualifying mine work and a totally disabling respiratory impairment. Eastern Associated Coal and Peabody Energy challenged their payment responsibility and the medical findings. The Board held that Peabody's later…
Joe C. Ryan v. Rebel Coal Company, Incorporated and American Business & Mercantile Insurance
Ryan v. Rebel Coal (BRB 21-0478): subsequent Black Lung award affirmed
Joe Ryan filed a subsequent Black Lung claim after an earlier denial. With fewer than 15 years of coal mine work credited, he could not use the Act's 15-year presumption, but the judge found that he proved a disabling lung disease caused in part by coal dust exposure. Rebel Coal and its insurer…
Glen D. Stepp v. Eastern Associated Coal Company and Peabody Energy Corporation
Stepp v. Eastern Associated Coal (BRB 21-0449): Black Lung award affirmed
Glen Stepp sought Black Lung benefits after 17.5 years of coal mine employment. The administrative law judge found that he had complicated pneumoconiosis, triggering the Act's irrebuttable presumption of total disability due to the disease. Eastern Associated Coal and Peabody Energy challenged…
B.M. and Department of Homeland Security, Transportation Security Administration, Orlando, FL
Board upholds refusal to reopen TSA officer's arm injury claim (ECAB 22-1331)
A TSA officer claimed right arm, wrist, and elbow injuries from lifting and pulling bags at work. OWCP had denied the claim for lack of medical proof connecting the conditions to the accepted work incident. The Board reviewed only OWCP's later refusal to reopen the claim. It affirmed because the…
J.R. and U.S. Postal Service, South Suburban Processing & Distribution Center, Bedford Park, IL
Board returns postal mechanic's knee claim for review with earlier claims (ECAB 22-1293)
A postal maintenance mechanic reported knee pain after moving to a duty station that required more walking, climbing, bending, pulling, and lifting. OWCP denied her new claim for lack of proof of causation. The Board found that three earlier accepted lower extremity claims needed to be combined…
S.P. and U.S. Postal Service, South Jersey Processing & Distribution Center, Bellmawr, NJ
Board upholds denial of postal clerk's shoulder injury claim (ECAB 22-0711)
A postal clerk reported pain in both shoulders while stamping and taping mail during a limited duty assignment. The Board upheld OWCP's denial because she had not established that the accepted December 11, 2019 incident caused a shoulder condition. It found the OWCP referral physician's opinion…
D.W. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Board upholds shipyard worker's benefit overpayment and repayment deductions (ECAB 22-0493)
A former Navy shipyard boilermaker received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board found a $14,129.95 overpayment for November 2019 through January 2021 because OWCP had not applied the required offset. It…
U.S. and U.S. Postal Service, Mid-Island Mail Processing & Distribution Center, Melville, NY
Board recognizes postal worker's facial injuries and returns claim to OWCP (ECAB 22-0461)
A postal mail handler was struck by a post con at work and reported injuries to her head, lip, and ankle. The Board found that the facial and right eye contusions and lip laceration were visible injuries tied to the accepted incident, so further medical proof was unnecessary for those conditions…
A.S. and U.S. Postal Service, Post Office, West Sacramento, CA
Board upholds postal worker's $40,836.74 benefit overpayment (ECAB 22-0384)
A postal tractor trailer operator received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld OWCP's finding that this created a $40,836.74 overpayment, although he was without fault. It also upheld denial of a waiver because his…
P.A. and U.S. Postal Service, Downtown Lakeland Post Office, Lakeland, FL
Board reverses postal carrier's wage loss and medical benefit termination (ECAB 21-0658)
A postal letter carrier had an accepted work-related aggravation of facial hidrocystomas, which became painful in heat and humidity. OWCP ended his wage loss compensation and medical benefits after a second opinion physician said the work aggravation had ceased. The Board found that the same…
Sherry L. Sutherland v. J & E Coal Company, Incorporated and Employers Insurance of Wausau
Sutherland v. J & E Coal (BRB 22-0334): disease finding remanded
Sherry Sutherland sought Black Lung benefits after 5.2 years of coal mine employment. The judge found that she had a totally disabling respiratory impairment but denied benefits because she found no pneumoconiosis linked to coal dust. The Board held that the judge had assigned conflicting medical…
Russell T. Fridley v. Hobet Mining, Incorporated and Arch Resources
Fridley v. Hobet Mining (BRB 21-0523): Black Lung award affirmed
Russell Fridley filed a subsequent Black Lung claim after working more than 18 years in surface mine conditions comparable to an underground mine. The judge found a totally disabling respiratory impairment, applied the statutory presumption, and awarded benefits. Hobet Mining and Arch Resources…
Guy H. McConnell v. Fountain Bay Mining Company and Old Republic Insurance Company
McConnell v. Fountain Bay Mining (BRB 21-0483): Black Lung denial affirmed
Guy McConnell pursued a subsequent Black Lung claim without a representative on appeal. The judge accepted a stipulation of ten years of coal mine work, found that McConnell had a disabling breathing impairment, but denied benefits because he had not proven pneumoconiosis. The Board held that the…
Virginia Workman, on behalf of and widow of Lee R. Workman, v. Flat Gap Mining Company, Incorporated and Liberty Mutual Insurance Company
Workman v. Flat Gap Mining (BRB 21-0292 and 21-0293): miner and survivor denials affirmed
Virginia Workman pursued her late husband Lee Workman's Black Lung claim and her own survivor's claim. The judge found more than 30 years of mine employment but treated his final eight or nine months as a lamp attendant as his usual work, rather than his much longer roof-bolting work. The Board…
Virginia Workman, on behalf of and widow of Lee R. Workman, v. Flat Gap Mining Company, Incorporated and Liberty Mutual Insurance Company
Workman v. Flat Gap Mining (BRB 21-0292 and 21-0293): miner and survivor denials affirmed
Virginia Workman pursued her late husband Lee Workman's Black Lung claim and her own survivor's claim. The judge found more than 30 years of mine employment but treated his final eight or nine months as a lamp attendant as his usual work, rather than his much longer roof-bolting work. The Board…
R.S. and U.S. Postal Service, Honolulu Post Office, Honolulu, HI
Board denies postal carrier's continuation of pay after late COVID claim (ECAB 22-1147)
A postal city carrier said he contracted COVID-19 after exposure to an infected coworker on May 10, 2022. He filed the required injury form on July 6, more than 30 days later. The Board upheld OWCP's denial of continuation of pay because the form missed FECA's 30-day notice deadline for that…
E.N. and U.S. Postal Service, Sugar Loaf Post Office, Albany, NY
Board denies postmaster's continuation of pay after late COVID claim (ECAB 22-0852)
A postmaster reported contracting COVID-19 at work on December 29, 2021. She filed the required injury form on April 27, 2022, more than 30 days after the Board found she was last exposed at work. The Board upheld OWCP's denial of continuation of pay because the form missed FECA's 30-day notice…
B.W. and Department of Defense, Armed Forces Retirement Home, Gulfport, MS
Board denies additional left arm impairment award for retirement home worker (ECAB 22-0522)
A former physical therapy assistant sought an additional schedule award for her left arm after an accepted aggravation of cervical radiculopathy. She had previously received an award for nine percent permanent impairment. The Board upheld OWCP's denial of an increase because the current examination…
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.