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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D.S. and U.S. Postal Service, Post Office, Federal Way, WA
Board dismisses postal worker's appeal filed after 180-day deadline (ECAB 23-0161)
D.S. appealed an OWCP decision dated April 27, 2022. He filed the Board appeal on November 17, 2022, after the 180-day filing period ended on October 24. The Board found no documented compelling circumstances explaining the delay and no newer final adverse OWCP decision within the appeal period. It…
W.L. and U.S. Postal Service, Mid Island Processing and Distribution Center, Melville, NY
Board affirms denial of continuation of pay for late-filed COVID-19 claim (ECAB 22-0871)
W.L., a postal distribution supervisor, reported COVID-19 symptoms after workplace contact with coworkers in August 2021. OWCP later accepted COVID-19 as a work injury but denied continuation of pay because she submitted her injury form in December. The Board applied OWCP's COVID-19 guidance, which…
R.T. and Department of Veterans Affairs, Oklahoma City VA Medical Center, Oklahoma City, OK
Board remands VA worker's schedule award claim because the record is incomplete (ECAB 22-0811)
R.T., a VA vascular laboratory technician, sought an increased schedule award for permanent impairment of her left arm. OWCP denied the request, but the record sent to the Board lacked the original claim form, decisions identifying accepted conditions, the earlier award decision, and the reports…
J.B. and U.S. Postal Service, Post Office, Chicago Heights, IL
Board confirms postal worker's overpayment but directs OWCP to explain its amount (ECAB 20-0328)
J.B., a postal carrier, received full wage-loss compensation while also working in the private sector. The Board agreed that she received an overpayment from July 24, 2016 through June 22, 2018 and was not at fault for its creation. It found conflicting figures for the compensation paid and no…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Blasting, training, and equipment settlement approved
This settlement resolved sixteen citations that had been moved from the related WEVA 2022-0301 docket. One equipment citation remained at $4,624 after ten defects were found on a haul truck and eight remained uncorrected thirteen days later, prompting a section 104(b) order. Three other citations…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Equipment and ground-control settlement approved
The settlement resolved seventeen citations at Appalachian Resource West Virginia’s Grapevine South Surface Mine after sixteen other citations were moved to a separate docket. Seven equipment citations had led to section 104(b) failure-to-abate orders involving defects such as oil leaks, damaged…
Matter of Yun-Xia CHEN
Stop-time rule and physical-presence breaks treated separately
The Board reviewed a motion to reopen based on the Supreme Court’s notice-to-appear decisions. It held that the stop-time rule is triggered by service of a statutorily compliant notice to appear or specified criminal conduct, not by entry of a final removal order. It also held that breaks in…
Harp USA, Inc.
In re Harp USA, Inc. (EAB CAA Appeal No. 23-01C): greenhouse-gas reporting settlement approved
Harp USA, Inc. is a Florida corporation headquartered in Fort Lauderdale. The Consent Agreement states that Harp imported at least 25,000 metric tons of carbon-dioxide-equivalent greenhouse gases in calendar years 2017, 2018, and 2019, but did not timely submit the required annual reports for those…
Joyce A. Rollison, on behalf of and widow of Wendell Rollison v. U.S. Steel Corporation and United States Steel Corporation
Rollison v. U.S. Steel (BRB 21-0596 and 21-0597): miner and survivor awards remanded
Joyce Rollison pursued her late husband's black lung claim and a survivor's claim. The judge found Wendell Rollison had 15.001 years of underground coal mine employment, applied the fifteen-year presumption, and awarded benefits on both claims. The Board upheld the finding that all of his reported…
Joyce A. Rollison, on behalf of and widow of Wendell Rollison v. U.S. Steel Corporation and United States Steel Corporation
Rollison v. U.S. Steel (BRB 21-0596 and 21-0597): miner and survivor awards remanded
Joyce Rollison pursued her late husband's black lung claim and a survivor's claim. The judge found Wendell Rollison had 15.001 years of underground coal mine employment, applied the fifteen-year presumption, and awarded benefits on both claims. The Board upheld the finding that all of his reported…
Larry Blackburn v. Consol of Kentucky, Incorporated and Peabody Energy Corporation
Blackburn v. Consol of Kentucky (BRB 21-0457 BLA): black lung benefits affirmed
Larry Blackburn had twenty-two years of qualifying coal mine work and a totally disabling respiratory impairment. The judge applied the fifteen-year presumption of disability due to pneumoconiosis and awarded benefits. The employer argued that Blackburn's lung impairment resulted from treatment for…
Ronald A. Fossat v. Sunnyside Coal Company and Old Republic Insurance Company
Fossat v. Sunnyside Coal (BRB 21-0386 BLA): black lung benefits affirmed
Ronald Fossat's widow pursued his black lung claim after his death. The judge found at least fifteen years of qualifying coal mine employment and a totally disabling respiratory impairment, applied the fifteen-year presumption, and awarded benefits. The Board rejected the employer's challenge to…
Stella Holstein, widow of Charles Holstein v. Eastern Associated Coal Company and Peabody Energy Corporation
Holstein v. Eastern Associated Coal (BRB 21-0256 BLA): survivor's benefits affirmed
Stella Holstein sought survivor's benefits after her husband Charles, a coal miner, died. The judge found he had twenty-nine years of underground mine work and was totally disabled by a respiratory impairment at death. She applied the fifteen-year presumption of death due to pneumoconiosis and…
G.H. and U.S. Postal Service, McFarland Post Office, McFarland, WI
Board upholds refusal to reopen postal worker's carpal tunnel claim (ECAB 22-1306)
G.H., a rural postal carrier, claimed that repetitive mail handling caused bilateral carpal tunnel syndrome. OWCP denied the claim because the medical evidence did not sufficiently establish causation. In seeking reconsideration, she resubmitted physician reports, similar progress notes, and a…
E.K. and U.S. Postal Service, Post Office, Winchester, KY
Board upholds former counsel's $20,718.75 fee and denial of subpoenas (ECAB 22-1154)
E.K., a former postal carrier with an accepted injury claim, disputed her former lawyer's fee request and sought subpoenas during the fee proceedings. The Board found that OWCP had considered the required factors for evaluating fees and that E.K. had not shown the approved amount was unreasonable…
S.B. and Department of Homeland Security, Transportation Security Administration, Tampa, FL
Board reverses $15,867.90 life-insurance premium overpayment finding (ECAB 22-1021)
S.B., a TSA worker receiving wage-loss compensation, was told he owed $15,867.90 after OWCP found that it had failed to withhold optional life insurance premiums for several years. The Board found forms and communications about the coverage but no signed election showing that S.B. had chosen the…
C.G. and Department of Veterans Affairs, William S. Middleton Memorial Veterans' Hospital, Madison, WI
Board affirms denial of VA worker's elevator injury claim and reconsideration request (ECAB 22-0536)
C.G., a VA medical supply technician, reported knee and back pain after an elevator abruptly dropped at work in February 2020. OWCP accepted that the incident occurred but denied his injury claim. The Board found that his physicians had not provided a reasoned medical explanation linking a specific…
A.D. and U.S. Defense Agencies, Defense Commissary Agency Southwest Region, Fort Lee, VA
Board remands commissary worker's disability claim after OWCP overlooked medical reports (ECAB 22-0519)
A.D., a commissary store worker, injured her back, hip, and neck after slipping at work in May 2019. OWCP accepted strain injuries but denied wage-loss compensation, saying it had received no supporting evidence before its development letter. The Board identified several physician reports about…
J.C. and Department of Transportation, Federal Aviation Administration, West Columbia, SC
Board remands FAA worker's hearing-loss award claim because medical records are missing (ECAB 21-1402)
J.C., an FAA aviation safety inspector, had an accepted work-related hearing-loss condition and sought a schedule award. OWCP denied the award after a district medical adviser rated his binaural impairment at zero percent. The Board found that the record sent to it lacked the referral letter…
B.T. and Department of Defense, Defense Commissary Agency, Fort Bragg North Defense Commissary, Fort Bragg, NC
Board affirms denial of commissary worker's emotional-condition claim (ECAB 20-1627)
B.T., a Defense Commissary Agency store checker, claimed that workplace demands and management actions aggravated an emotional condition. The Board found no corroborating evidence for her overwork allegations or for the alleged harassment and discrimination. It also found no established management…
Beverly A. Hampton, on behalf of Larry C. Hampton v. Unit Coal Corporation and Old Republic Insurance Company, Incorporated
Hampton v. Unit Coal (BRB 21-0635 BLA): black lung benefits affirmed
Beverly Hampton pursued her late husband Larry's black lung claim. The judge calculated 17.66 years of coal mine employment, found a totally disabling respiratory impairment, applied the fifteen-year presumption, and awarded benefits. The Board upheld the employment calculation under controlling…
Earnest D. Anderson v. Ewell Spradlin Coal Company and Old Republic Insurance Company, Incorporated
Anderson v. Ewell Spradlin Coal (BRB 21-0434 BLA): black lung benefits affirmed
Earnest Anderson sought black lung benefits based on surface coal mine work. The judge found at least sixteen years of qualifying work, a totally disabling respiratory impairment, and no adequate rebuttal of the fifteen-year presumption. The Board upheld the employment finding based on earnings…
E.R. and U.S. Postal Service, Post Office, San Jose, CA
Board upholds refusal to reopen postal worker's medical-treatment recurrence claim (ECAB 22-1279)
E.R., a retired postal distribution clerk, sought renewed medical treatment for shoulder symptoms years after an accepted 2000 injury. OWCP denied the recurrence claim, finding insufficient evidence that the need for treatment resulted from the accepted conditions. E.R. requested reconsideration…
N.S. and Department of the Treasury, Internal Revenue Service, Ogden, UT
Board affirms denial of IRS worker's fall claim without a medical report (ECAB 22-1229)
N.S., an IRS clerk, reported hurting his neck and elbows when his chair rolled away and he fell at work. OWCP accepted that the incident occurred and requested a physician's report, but received no response before denying the claim. The Board found there was no medical evidence diagnosing a…
K.F. and U.S. Postal Service, North Metro Post Office, Duluth, GA
Board dismisses postal worker's appeal while OWCP claim remains pending (ECAB 22-1134)
K.F. appealed after an OWCP hearing representative set aside a March 2022 decision and sent the claim back for more development and a new decision. The Board found that the claim was still pending at OWCP and no final adverse decision was before it. It dismissed the appeal for lack of jurisdiction…
D.E. and U.S. Postal Service, Seaside Post Office, Seaside, CA
Board upholds refusal to reopen postal carrier's fall injury claim (ECAB 22-1045)
D.E., a postal carrier, reported back and shoulder symptoms after slipping while delivering mail. OWCP accepted that the fall occurred but denied the claim because it found no supported medical diagnosis connected to the incident. D.E. requested reconsideration and resubmitted two physician reports…
G.J. and Department of Commerce, U.S. Census Bureau, Tacoma, WA
Board affirms denial of Census worker's disability claim for January and February 2021 (ECAB 22-0942)
G.J., a temporary Census Bureau supervisor, injured his right knee and leg in a fall at work. OWCP accepted several contusion and nerve conditions, but denied wage-loss compensation for January 10 through February 6, 2021. The Board found that his physicians did not explain, with findings tied to…
A.L. and Department of the Army, U.S. Army Installation Management Command, U.S. Army Garrison, Food Service Branch, Wiesbaden, Germany
Board upholds reduction of Army worker's compensation for missed rehabilitation testing (ECAB 22-0316)
A.L., an Army food service worker with accepted knee conditions, was found able to perform sedentary work and referred to vocational rehabilitation. He missed scheduled computer and typing assessments and later arrived for one but did not take it. The Board found that OWCP had warned him of the…
G.S. and Department of Veterans Affairs, Jesse Brown VA Medical Center, Chicago, IL
Board confirms VA worker's elevator incident and remands injury claim for medical review (ECAB 21-1346)
G.S., a VA medical support assistant, reported back pain after helping a person who fell near an elevator at work. OWCP denied her claim because it found the incident itself unproven. The Board found her account consistent with the medical record and noted that her supervisor and employer…
D.P. and U.S. Postal Service, Post Office, Kewaskum, WI
Board upholds refusal to reopen postal carrier's emotional-condition claim (ECAB 21-0678)
D.P., a postal carrier, claimed an emotional condition related to workplace harassment and retaliation. OWCP denied her claim because she had not established a compensable employment factor. She sought reconsideration with new reports diagnosing emotional conditions and discussing workplace events…
R.A. and Department of the Navy, Fleet & Family Support Center, San Diego, CA
Board affirms denial of Navy program director's emotional-condition claim (ECAB 21-0412)
R.A., a Navy Fleet and Family Support Program director, claimed that workplace stress aggravated anxiety and post-traumatic stress disorder. He cited suspensions, disputes over program management, and alleged unequal treatment by his supervisor. The Board found no evidence that the disciplinary…
A Crane Rental LLC
Personnel-platform case remanded under creating-employer theory
A Crane Rental provided a crane and operator to hoist another contractor's employees to a communications tower. OSHA alleged that the operator lifted three people in a personnel basket rated for two and failed to ensure that the required pre-lift meeting included the workers being hoisted. An…
Larry R. Setser v. Eastern Associated Coal Company and Peabody Energy
Setser v. Eastern Associated Coal (BRB 20-0368 BLA): black lung benefits affirmed
Larry Setser sought black lung benefits after twenty-three years of underground coal mine work. The judge applied the fifteen-year presumption and awarded benefits. On appeal, the employer and carrier argued that Peabody Energy should not remain liable after Eastern Associated Coal's transfer to…
D.P. and U.S. Postal Service, Post Office, Sewell, NJ
Board upholds refusal to reopen postal worker's emotional-condition claim (ECAB 23-0074)
D.P., a postal letter carrier, claimed emotional symptoms related to a workplace disciplinary investigation and later events involving a coworker. OWCP denied her claims because it found no compensable employment factor. She sought reconsideration with a psychiatrist's report, but the Board found…
T.L. and Department of Veterans Affairs, Veterans Benefits Administration, Chicago, IL
Board affirms denial of VA worker's repetitive-typing wrist claim (ECAB 23-0073)
T.L., a VA benefits representative, attributed right wrist and thumb symptoms to years of typing and other repetitive work. Physicians diagnosed de Quervain's tenosynovitis, but one did not address work causation and another said typing aggravated it without explaining how. The Board found the…
F.U. and U.S. Postal Service, Pleasantville Post Office, Pleasantville, NJ
Board remands postal worker's ankle claim for an independent medical opinion (ECAB 22-1205)
F.U., a rural postal delivery worker with a prior right ankle injury and surgery, felt a pop in that ankle while stepping into her truck at work. OWCP denied her new claim for lack of proof that the incident caused or aggravated an ankle condition. Her podiatrist later explained a possible injury…
J.M. and U.S. Postal Service, Richmond Post Office, Richmond, VA
Board declines to add postal carrier's left hip and leg conditions to accepted injury claim (ECAB 22-0939)
J.M., a postal carrier, crashed a delivery vehicle after skidding on ice at work. OWCP accepted a right elbow abrasion and contusion but declined to add a left acetabular fracture and arthritis in his hip, knee, and ankle. The Board found that physicians diagnosed or described the left-sided…
G.H. and Department of Veterans Affairs, Hampton VA Medical Center, Hampton, VA
Board upholds VA nurse's overpayment but orders partial fault and waiver review (ECAB 22-0890)
G.H., a VA nurse, received wage-loss compensation after returning to full-time work following an accepted COVID-19 injury. The Board upheld OWCP's $18,277.91 overpayment calculation. It found she was without fault for the first two direct deposits because the record did not show she knew they were…
J.D. and U.S. Postal Service, Post Office, Portland, OR
Board remands postal worker's neck claim so OWCP can combine related case files (ECAB 22-0201)
J.D., a postal customer service clerk, sought benefits for neck, shoulder, and arm symptoms that she linked to parcel work and an earlier injury. OWCP denied the claim without combining it with two prior case files concerning neck conditions. The Board found that a fair causation review required…
Secretary of Labor obo George Porter v. Pacer Minerals, LLC
Temporary reinstatement ordered
George Porter alleged that Pacer Minerals laid him off eight days after he reported working near six undetonated explosive charges at the Pink Monster Mine. The Secretary’s investigator stated that mine management knew the explosives were present but did not explain the danger when directing Porter…
Larry E. Haley v. ICG Knott County, LLC, c/o Arch Coal
Haley v. ICG Knott County (BRB 21-0546 BLA): black lung benefits affirmed
Larry Haley sought black lung benefits after thirty-three years of qualifying coal mine employment. The judge found a disabling respiratory impairment, applied the fifteen-year presumption, and awarded benefits from the month Haley filed his claim. The Board upheld the judge's refusal to order…
Edward W. Brown v. Nufac Mining, Incorporated and National Union Fire Insurance Company/AIG
Brown v. Nufac Mining (BRB 21-0463 BLA): carrier liability and benefits affirmed
Edward Brown was awarded black lung benefits, and the employer did not contest his entitlement on appeal. The dispute was whether Nufac Mining's insurance policy covered the mine where he last worked. The Board held that the judge could interpret the insurance contracts to decide who owed benefits…
Albert C. Michalides v. Consol Pennsylvania Coal Company and Consol Energy, Incorporated
Michalides v. Consol Pennsylvania Coal (BRB 21-0351 BLA): black lung benefits affirmed
Albert Michalides had forty-nine years of underground coal mine employment. The judge found him totally disabled by a respiratory impairment, applied the fifteen-year presumption, and awarded benefits. The employer argued that Michalides's short return to work as a mechanic helper showed he could…
M.M. and U.S. Postal Service, New City Post Office, New City, NY
Board orders postal carrier's knee injury files combined for new decision (ECAB 22-1123)
M.M., a postal letter carrier, claimed a right knee injury after feeling a pop while walking on a delivery route. OWCP denied the claim in part by referring to an earlier knee condition and surgery in another claim file. The Board found that the medical records from that earlier file were absent…
A.P. and U.S. Postal Service, Southern Maryland Processing & Distribution Center
Board reverses termination of postal clerk's injury benefits (ECAB 22-1054)
A.P., a postal clerk, received compensation for a 2011 back injury. OWCP ended her wage loss and medical benefits after obtaining opinions from referral physicians. The Board found that the first referral physician's report did not create a medical conflict, so the second referral physician's…
C.B. and Department of Homeland Security, Transportation Security Administration
Board upholds denial of TSA officer's knee impairment award (ECAB 22-0926)
C.B., a transportation security officer, had an accepted right knee injury from a workplace pat-down. She sought a schedule award for permanent impairment. OWCP asked for an impairment evaluation, but she submitted no supporting medical evidence. The Board affirmed the denial because the record…
L.J. and U.S. Postal Service, Westchester Post Office
Board upholds denial of postal carrier's medical appointment wage claims (ECAB 22-0831)
L.J., a postal letter carrier with an accepted foot condition, sought wage loss for time she said she spent at medical appointments on April 5 and May 15 and 16, 2019. The Board found no medical evidence showing that she attended appointments on those dates. It affirmed OWCP's denial of…
R.B. and Tennessee Valley Authority, Browns Ferry Nuclear Power Plant
Board upholds denial of machinist's hearing loss schedule award (ECAB 22-0340)
R.B., a Tennessee Valley Authority machinist, had accepted work-related hearing loss and sought a permanent impairment award. A medical adviser calculated zero percent ratable loss in each ear under the applicable impairment guide. The Board affirmed the denial because the accepted hearing loss did…
W.J. and U.S. Postal Service, Post Office, Palm Bay, FL
Board sends postal carrier's emotional-condition claim back for medical review (ECAB 20-1226)
W.J., a postal letter carrier, claimed anxiety and related conditions from overwork and hostile treatment by managers after an accepted back injury. OWCP denied the claim because it found no compensable work factor. The Board found that witness statements and work records supported his overwork…
Joseph F. Muzydla, Jr. v. Consol Mining Company, LLC and Consol Energy, Incorporated
Muzydla v. Consol Mining (BRB 22-0127 BLA): benefits denial sent back
Joseph Muzydla sought black lung benefits after 20.58 years of qualifying coal mine work. The judge found a totally disabling respiratory impairment and applied the fifteen-year presumption, but denied benefits after finding that the employer had disproved pneumoconiosis. The Board upheld the…
Charles F. Lee, Jr. v. Big Elk Creek Coal Company, Incorporated and Old Republic Insurance Company
Lee v. Big Elk Creek Coal (BRB 21-0228 BLA): benefits award sent back
Charles Lee was awarded black lung benefits after the judge found more than fifteen years of qualifying mine work and a totally disabling respiratory impairment. The Board upheld Big Elk Creek Coal's designation as the responsible operator and rejected its due process claim about the destruction of…
J.D. and Department of Veterans Affairs, VA Puget Sound Health Care System
Board upholds denial of nurse's continuation of pay for COVID-19 absence (ECAB 22-1395)
J.D., a nurse in the VA health system, claimed a work-related COVID-19 exposure on April 28, 2022 and sought continuation of pay for time away from work. She filed the required traumatic injury form on June 17, more than 30 days after the exposure. The Board affirmed the denial because the form was…
A.F. and U.S. Postal Service, Boggs Road Post Office
Board upholds denial of postal worker's ankle claim and reconsideration (ECAB 22-1135)
A.F., a rural postal carrier associate, said she twisted her ankle when a chair fell at work. OWCP accepted that the incident occurred but denied the injury claim. The Board found that the physician's report did not link a diagnosed condition to the fall, while the other reports were from providers…
K.S. and U.S. Postal Service, Dominick V. Daniels Processing & Distribution Center
Board reverses termination of mail handler's injury benefits (ECAB 22-1011)
K.S., a postal mail handler, received benefits for accepted shoulder, arm, and nerve conditions after repetitive work injuries. OWCP ended her wage loss and medical benefits based on a referral physician's report. The Board found that the physician considered only two accepted conditions and…
G.C. and U.S. Postal Service, Post Office, Staten Island, NY
Board rejects past wage loss but restores postal worker's benefits (ECAB 22-0543)
A postal worker with an accepted postconcussion condition sought wage loss compensation from February 17, 2019 through July 31, 2020. The Board found that her physician had not explained disability for that specific period and affirmed its denial. It reversed OWCP's later termination of wage loss…
J.D., widow of J.D., and Department of Defense, Defense Commissary Agency
Board denies additional shoulder impairment award to meat cutter's widow (ECAB 22-0427)
J.D. sought a further schedule award for the left shoulder impairment of her late husband, a Defense Commissary Agency meat cutter with an accepted rotator cuff injury. He had previously received an award for 13 percent left upper extremity impairment. After an earlier Board remand, a medical…
P.G. and U.S. Postal Service, Post Office, Chatham, IL
Board returns postal carrier's harassment claim for medical review (ECAB 22-0259)
P.G., a postal rural carrier, claimed an emotional condition from alleged harassment by a coworker. OWCP denied the claim without reviewing the medical evidence. The Board found that two witnesses supported her account of the coworker intimidating and following her, establishing a compensable work…
G.C. and U.S. Postal Service, Post Office, Staten Island, NY
Board upholds earlier wage denial but reverses termination of supervisor's benefits (ECAB 22-0073 and 22-0543)
G.C., a postal customer service supervisor, was injured while intervening in a workplace altercation. She sought wage loss for February 2019 through July 2020, but the Board found that her medical evidence did not connect the claimed disability periods to the accepted injury. It upheld that denial…
Fraternal Order of Police, DC Lodge 1 and United States Department of Defense, Pentagon Force Protection Agency
FOP DC Lodge 1 and Pentagon Force Protection Agency (FLRA 0-AR-5806): Authority upholds fitness-for-duty award
A Pentagon police officer sought to return from Family and Medical Leave Act leave after an off-duty injury, but did not provide requested medical information to the agency office responsible for fitness-for-duty reviews. The agency placed her on leave without pay, and an arbitrator denied the…
Administrator, Wage and Hour Div., USDOL v. Graham and Rollins, Inc.
Extension for Secretarial-review petition denied
The Board had ruled on December 22, 2022 that the Equal Access to Justice Act applied to H-2B enforcement matters, but it denied Graham and Rollins's fee request on other grounds. The Wage and Hour Division sought more time to petition the Secretary for review. Sitting en banc, the Board held that…
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.