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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Kathy Luther, on behalf of Joseph T. Luther, v. Eastover Mining Company
Luther v. Eastover Mining Company (BRB 20-0484 BLA): benefits affirmed on modification
Kathy Luther sought to modify an earlier denial of her late husband's black lung claim. The judge found complicated pneumoconiosis arising from his coal mine work and awarded benefits under the irrebuttable presumption. A Board majority upheld her reassessment of the x-rays and other evidence and…
Labinka Howard v. DynCorp International and Allied World National Assurance Company
Howard v. DynCorp International (BRB 20-0396): compensation suspension sent back for explanation
Labinka Howard received compensation under the Longshore Act for a work-related psychological condition. Her employer sought to suspend payments after she declined to attend a scheduled medical examination. A district director ordered suspension, and Howard appealed. The Board held that the…
T.B. and Department of Veterans Affairs, VA Medical Center, Wilmington, DE
Board dismisses purported VA employee appeal as invalid (ECAB 22-0074)
A purported appeal was docketed after someone at an orthopedic office submitted an appeal form concerning a VA employee. The employee had not signed the form or authorized the filer to represent her. The OWCP notice named on the form accepted her claim and was not a final adverse decision. The…
A.L. and Department of the Army, Maneuver Area Training Equipment Site, Jackson, MS
Board raises Army worker's hearing loss award to four percent (ECAB 21-1233)
An Army equipment worker had an accepted work-related hearing loss claim and sought a larger schedule award. OWCP reduced his binaural hearing loss rating from four percent to three percent based on an October 2020 audiogram. The Board found that test lacked required bone conduction scores and…
I.L. and U.S. Postal Service, Post Office, Capitol Heights, MD
Board upholds denial of late reconsideration of wage loss claim (ECAB 21-1146)
A postal sorter with accepted hand, wrist, and elbow conditions had sought wage loss benefits for periods in 2017 and 2018. OWCP denied the claim, and he later requested reconsideration. The Board held that the request was received after the one-year deadline. His new medical records concerned his…
P.J. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center, Houston, TX
Board orders new calculation of VA worker's benefit overpayment (ECAB 21-1107)
A VA medical technician received workers' compensation and Social Security retirement benefits, including a portion attributed to federal service. OWCP found a $4,193.19 overpayment because it had not offset that portion of the retirement benefit. The Board agreed that an overpayment occurred but…
K.T. and U.S. Postal Service, Post Office, Louisville, KY
Board upholds denial of rural carrier's elbow condition claim (ECAB 21-1004)
A rural mail carrier reported right elbow pain from repeatedly opening mailboxes and operating her delivery vehicle. The submitted records came from a physician assistant and physical therapists. The Board held that those providers' reports did not supply the physician diagnosis and opinion…
B.O. and Department of the Navy, Naval Air Systems Command, San Diego, CA
Board grants withdrawal of Navy employee's appeal (ECAB 21-1001)
A Navy employee appealed a February 16, 2021 OWCP merits decision. Through counsel, the employee later asked to withdraw the appeal. The Board granted the request and dismissed the docket. Its order provides no details about the underlying compensation issue and does not resolve that issue.
D.B. and U.S. Postal Service, Post Office, Duluth, GA
Board upholds denial of carrier's back condition claim (ECAB 21-0886)
A postal city carrier reported back and leg symptoms after lifting parcels and bending at work. A physician diagnosed a lumbar disc condition and said it was work related, but did not explain how the specific tasks caused or aggravated it. The Board found that the unsigned discharge report could…
T.S. and U.S. Postal Service, Post Office, Chanute, KS
Board orders combined review of carrier's arm impairment awards (ECAB 21-0864)
A postal carrier with accepted shoulder, elbow, and wrist conditions had received schedule awards for impairment of both arms under several claims. OWCP granted additional arm impairment awards after subtracting amounts it had paid before. The Board found that OWCP had relied on earlier awards from…
R.O. and U.S. Postal Service, Post Office, Roosevelt, NY
Board upholds denial of carrier's left knee injury claim (ECAB 21-0473)
A postal city carrier reported knee pain after jumping over a puddle while delivering mail. OWCP accepted the incident but denied his injury claim because the medical evidence did not adequately connect the diagnosed knee condition to that event. The Board found that the treating physician's…
T.N. and U.S. Postal Service, Fort Worth Processing & Distribution Center, Fort Worth, TX
Board upholds denial of postal clerk's continuation of pay claim (ECAB 21-0402)
A postal mail processing clerk said she experienced back and leg pain while working at a sorting machine on December 9, 2018. She filed a traumatic injury form on May 23, 2019 and sought continuation of pay. The Board held that written notice on an approved form was required within 30 days of the…
American Federation of Government Employees, Local 3917 and United States Department of Housing and Urban Development
HUD and AFGE Local 3917 (FLRA 0-AR-5735): Authority upholds classification bar
A HUD employee performed duties outside a GS-12 position description and sought a new description, promotion, backpay, and other corrective action. An arbitrator found the grievance's essential nature concerned classification and dismissed it under the statute excluding classification disputes that…
G.S. and U.S. Postal Service, Memphis Network Distribution Center, Memphis, TN
Board dismisses appeal from claim acceptance notice (ECAB 22-0325)
A postal employee appealed a February 5, 2019 OWCP notice. That notice accepted her compensation claim rather than denying it. The Board found no final adverse OWCP decision in the record issued within 180 days of the appeal. Without an appealable decision, it dismissed the docket and did not…
L.S. and U.S. Postal Service, Post Office, Wheaton, MD
Board dismisses postal worker's late appeal of OWCP decision (ECAB 22-0303)
A postal employee appealed an OWCP decision dated September 18, 2020. The Board calculated March 17, 2021 as the last day of the 180-day filing period. The appeal was filed on December 20, 2021, and the employee did not supply a documented explanation establishing compelling circumstances for the…
J.M. and U.S. Postal Service, Post Office, San Antonio, TX
Board dismisses late appeal of postal worker's OWCP decision (ECAB 22-0302)
A postal employee appealed an OWCP decision dated March 11, 2021. The Board calculated September 7 as the last day of the 180-day filing period. The appeal arrived on December 20, and the employee offered no supported explanation establishing compelling circumstances for the delay. The Board…
T.N. and U.S. Postal Service, Milwaukee Priority Annex Post Office, Oak Creek, WI
Board upholds refusal to reopen postal clerk's knee claim (ECAB 21-1174)
A postal parcel distribution clerk claimed right knee conditions from years of standing, walking, and lifting at work. OWCP denied the claim and later declined her request to reconsider the merits. The Board found that her request did not identify a wrongly applied legal point or present a new…
C.J. and U.S. Postal Service, Brooklyn Processing & Distribution Center, Brooklyn, NY
Board upholds denial of mail handler's right leg injury claim (ECAB 21-1086)
A postal mail handler said he hurt his right leg while moving a pallet of mail. The Board had previously found the evidence insufficient to establish an injury caused by that incident. On this appeal, the added medical reports listed knee, leg, and other conditions but did not explain whether the…
B.I. and Department of Veterans Affairs, VA Medical Center, Cleveland, OH
Board upholds denial of VA employee's two-day wage loss claim (ECAB 21-1069)
A VA administrative support assistant had an accepted psychological injury after a robbery on the employer's premises while he was on approved sick leave. He sought wage loss compensation for two days in February 2021. His physician attributed the absence to an exacerbation of depression and…
Z.S. and U.S. Postal Service, Downtown Station, Long Beach, CA
Board orders new calculation of postal worker's life insurance overpayment (ECAB 21-1033)
A postal maintenance employee received workers' compensation while OWCP failed to deduct the proper life insurance premiums. The Board agreed that the underwithholding created an overpayment, but found that OWCP had not established its $9,594.73 amount. OWCP began the calculation on August 23…
G.G. and Department of the Army, United States Military Academy, West Point, NY
Board upholds four percent finger impairment award for Army mechanic (ECAB 21-0134)
An Army maintenance mechanic fractured his right middle finger when a steel pipe fell on his hand. He sought a larger schedule award for permanent impairment. His physician proposed a higher rating, but the district medical adviser found the physician's range of motion measurements and calculations…
L.M. and U.S. Postal Service, Processing & Distribution Center, Honolulu, HI
Board upholds termination of Honolulu custodian's injury benefits (ECAB 20-1240)
A postal custodian had accepted left elbow and shoulder injuries after trying to stop a falling battery. OWCP ended his compensation and medical benefits based on a second opinion physician's finding that the accepted conditions had resolved. The Board found that the physician had explained the…
Matter of Luk Rial KOAT
Iowa theft statute was divisible
The Board reviewed an Ethiopian and South Sudanese lawful permanent resident's challenge to removability based on Iowa theft and Minnesota aggravated-robbery convictions. It held that Iowa's theft statute is divisible between theft by taking without consent and theft by fraud or deceit, allowing…
Thomas C. Fowler v. The Marion County Coal Company and Murray American Energy Corporation
Fowler v. Marion County Coal Company (BRB 21-0333 BLA): benefits affirmed on modification
Thomas C. Fowler sought to modify an earlier denial of his black lung claim. The judge found 30 years of underground mine work, total respiratory disability, and no effective rebuttal of the fifteen-year presumption. The employer disputed the disability and rebuttal findings. The Board upheld the…
Donna Sanchez, widow of Allen D. Sanchez, v. Island Operating Company, Incorporated, and Louisiana Workers' Compensation Corporation
Sanchez v. Island Operating Company (BRB 21-0092): survivor benefits and wage calculation affirmed
Allen Sanchez, an offshore oil platform operator, died from a heart attack during a work rotation. His widow Donna sought benefits, arguing that his work activity contributed to or hastened the attack. The Board upheld the judge's decision to credit her cardiologist's explanation that the work…
Jimmy W. Monk v. Consolidation Coal Company and CONSOL Energy, Incorporated
Monk v. Consolidation Coal Company (BRB 21-0077 BLA): benefits award affirmed
Jimmy W. Monk sought benefits after 31.27 years of qualifying coal mine work. The judge found total respiratory disability from pulmonary function studies and medical opinions and applied the fifteen-year presumption. The employer argued that one qualifying study was invalid. The Board upheld the…
Donald R. Gibson v. Consolidation Coal Company, Incorporated
Gibson v. Consolidation Coal Company (BRB 21-0048 BLA): benefits award affirmed
Donald R. Gibson filed a subsequent black lung benefits claim after a previous denial. The judge found at least 24 years of underground coal mine work and total respiratory disability, then applied the fifteen-year presumption. The employer challenged the disability finding because objective tests…
Bennie Steffey v. Paramont Coal Company Virginia, LLC, and American International Group
Steffey v. Paramont Coal Company (BRB 20-0533 BLA): benefits award affirmed
Bennie Steffey worked for more than 26 years in surface coal mining under conditions substantially similar to underground mining. The judge found that Steffey was totally disabled by a respiratory impairment and applied the fifteen-year presumption. The Board upheld the disability finding because…
Joseph S. Nixon v. Keystone Coal Mining Corporation and CONSOL Energy, Incorporated
Nixon v. Keystone Coal Mining Corporation (BRB 20-0340 BLA): reconsideration denied
Keystone Coal Mining Corporation and its carrier asked the Benefits Review Board to reconsider its September 24, 2021 decision in Joseph S. Nixon's black lung benefits case. The motion was timely. No panel member voted to vacate or modify the earlier decision, so the Board denied reconsideration…
T.L. and U.S. Postal Service, Post Office, Lake Park, GA
Board grants dismissal of Lake Park postal employee's appeal (ECAB 22-0309)
A postal employee appealed an OWCP merits decision. Counsel then asked the Board to dismiss the appeal. The Board granted that request and dismissed docket 22-0309. Its order does not describe or resolve the underlying compensation issue.
H.S. and U.S. Postal Service, Post Office, Melville, NY
Board grants dismissal of Melville postal employee's appeal (ECAB 22-0224)
A postal employee appealed an OWCP merits decision. The employee then asked the Board in writing to dismiss the appeal. The Board granted that request and dismissed docket 22-0224. Its order does not describe or resolve the underlying compensation issue.
K.A. and Department of the Treasury, Office of the Comptroller of the Currency, Downers Grove, IL
Board grants Treasury employee's appeal dismissal request (ECAB 22-0182)
A Treasury employee appealed a November 3, 2021 decision. The employee later asked the Board in writing to dismiss the appeal. The Board granted that request and dismissed docket 22-0182. Its order does not identify the underlying compensation issue or rule on it.
D.D. and U.S. Postal Service, Evansville Annex, Evansville, IN
Board grants dismissal of Evansville postal employee's appeal (ECAB 21-1324)
A postal employee appealed an OWCP merits decision. Counsel later asked the Board to dismiss the appeal. The Board granted the request and dismissed docket 21-1324. The order does not describe or decide the compensation issue addressed in the OWCP decision.
D.M. and U.S. Postal Service, Post Office, St. Francisville, LA
Board upholds refusal to reopen postal clerk's wage loss claim (ECAB 21-1240)
A postal clerk sought compensation for disability from work between May and September 2018 after an accepted work injury. OWCP denied compensation for that period, and she later requested reconsideration. Her argument about later placement on the compensation rolls did not identify a legal error in…
M.B. and U.S. Postal Service, Post Office, Merced, CA
Board grants postal employee's request to dismiss appeal (ECAB 21-0797)
A postal employee appealed an OWCP decision. She later sent the Board a written request to dismiss her appeal. The Board granted the request and dismissed docket 21-0797. Its order does not describe or resolve the underlying compensation issue.
C.B. and U.S. Postal Service, Chicago Center Carrier Annex, Chicago, IL
Board finds mail handler's reported lifting incident occurred (ECAB 21-0670)
A postal mail handler reported right knee pain after picking up military mail bags at work. OWCP denied her claim because it found that she had not established the incident. The Board relied on her account, the employer's acknowledgment that she was injured at work, and a supervisor's report that…
X.J. and Department of Justice, Bureau of Prisons, Atlanta, GA
Board orders new review of prison officer's continuing disability claim (ECAB 20-1283)
A correctional officer ruptured his right quadriceps tendon in a work fall and later claimed continuing disability. OWCP expanded the accepted claim to include right knee, hip, sacroiliac, and lumbar conditions, but denied continuing compensation using medical opinions that did not assess those…
M.C. and U.S. Postal Service, Romeoville Post Office, Romeoville, IL
Board upholds denial of rural carrier's wrist impairment award (ECAB 20-1234)
A rural postal carrier with an accepted left carpal tunnel condition requested a schedule award. OWCP obtained an impartial medical opinion after her physician and its referral physician disagreed about permanent impairment. The impartial examiner found no ratable impairment under the governing…
National Labor Relations Board and National Labor Relations Board Professional Association
NLRB and NLRB Professional Association (FLRA 0-AR-5577, 0-AR-5620): Authority allows part of detail grievance to proceed
The NLRB ended selected permissive provisions when its agreement with the Professional Association expired, and the Union filed an unfair-labor-practice charge challenging termination of the agreement. It later grieved the agency's failure to offer employee details and timely administer the detail…
McFadden v. Deutsche Bank
SOX dismissal reversed for amendment
Tammy McFadden alleged that Deutsche Bank retaliated after she filed a grievance concerning unethical conduct. The bank moved to dismiss, McFadden did not respond, and the ALJ treated the motion as unopposed and found that her informal OSHA complaint did not adequately allege SOX-protected…
Priddle v. United Airlines, Inc.
Safety-report discovery appeal denied
Soma Priddle sought safety reports filed by other United employees that were linked to events described in her own reports, and the ALJ ordered United to produce them under a protective order. United appealed 21 business days after the order and argued that disclosure would harm the Aviation Safety…
W.R. and U.S. Postal Service, Post Office, Minneapolis, MN
Board upholds denial of postal carrier's cervical injury claim (ECAB 21-0928)
A rural postal carrier attributed neck, back, and arm symptoms to years of lifting, pulling, and reaching for packages at work. OWCP accepted that the work activities occurred but denied the claim because the medical evidence did not establish causation. The Board found that the doctors' opinions…
P.R. and U.S. Postal Service, Post Office, Laurens, SC
Board orders further medical review of postal carrier's back condition (ECAB 21-0927)
A rural postal carrier was injured when her vehicle was rear ended during work. OWCP accepted several injuries, including a back sprain, but declined to add an aggravation of lumbar degenerative conditions to her accepted claim. Its referral physician identified an aggravation without clearly…
K.Y. and U.S. Postal Service, Cleveland Processing & Distribution Center, Cleveland, OH
Board reverses postal clerk's wage loss reduction (ECAB 21-0746)
A postal clerk received wage loss compensation after a work related ankle injury. OWCP reduced her benefits as though she had refused a temporary, part time assignment within her medical restrictions. The Board found that she had accepted the position and returned to work on March 16, 2020, the…
D.L. and U.S. Postal Service, Mountain View Post Office, Mountain View, CA
Board orders explanation of postal worker's late reconsideration request (ECAB 21-0523)
A postal letter carrier sought reconsideration of an earlier decision involving her accepted shoulder and neck injuries. The Board agreed that her November 2020 request came more than one year after the last merit decision. OWCP had denied the request without explaining how it assessed her…
R.A. and U.S. Postal Service, Processing & Distribution Center, San Diego, CA
Board upholds postal worker's retirement benefit overpayment (ECAB 20-1311)
A postal mail handler received workers' compensation and Social Security retirement benefits for years without an offset for the part of Social Security attributed to federal service. The Board upheld OWCP's $113,311.83 overpayment calculation for July 2008 through November 2019. Although the…
J.A. and U.S. Postal Service, Polytechnic Post Office, Fort Worth, TX
Board orders fact finding on withdrawn postal light duty assignment (ECAB 20-0726)
A rural carrier returned to modified work after an accepted knee injury. He said a supervisor sent him home in August 2018 because no work was available within his restrictions. OWCP had an email from an employer health and resource management specialist stating that work was available, but no…
Johnson v. Union Pacific Railroad Co.
Refusal to return trackman to work affirmed
Union Pacific trackman Terrell Johnson sustained work-related neck, back, shoulder, and elbow injuries and later obtained a FELA damages award based partly on permanent disability and lost future earning capacity. After medical providers cleared him without restrictions, the railroad refused to…
Administrator, Wage and Hour Division v. Deggeller Attractions, Inc.
Administrator v. Deggeller Attractions, Inc. (DOL ARB 2020-0004): H-2B housing and penalty issues remanded
Deggeller Attractions used H-2B workers for its traveling amusement business and deducted $60 per week from workers who stayed in its trailers. The Board affirmed that the company had to pay North Carolina overtime after 45 hours and upheld use of 50 hours per week as the best available estimate…
R.G. and U.S. Postal Service, Gainesville Carrier Annex, Gainesville, GA
Board upholds postal carrier's retirement benefit overpayment (ECAB 21-0951)
A retired postal carrier received wage loss compensation and Social Security age related retirement benefits without the required offset for federal service. The Board upheld OWCP's finding of a $138,838.00 overpayment for two periods spanning February 2010 through April 2020. Although she was not…
R.S. and U.S. Postal Service, Frederick N. Weathers Post Office, St. Louis, MO
Board upholds postal carrier's left leg impairment rating (ECAB 21-0833)
A postal carrier sought an additional schedule award for a left knee condition after surgery. He had previously received an award for 20 percent impairment, followed by an award bringing the total to 34 percent. The Board found that OWCP's medical adviser correctly applied the impairment guides and…
J.T. and U.S. Postal Service, Airport Mail Center, San Francisco, CA
Board reverses postal worker's benefit termination (ECAB 21-0232)
A postal mail handler received compensation for accepted back and depression conditions. OWCP ended his wage loss compensation and medical benefits based on opinions from its referral physicians. The Board found that those opinions did not clearly and consistently address whether disability or…
S.L. and Department of Justice, Federal Bureau of Investigation, New York, NY
Board orders clearer medical opinion on FBI employee's mold exposure claim (ECAB 21-0079)
An FBI special agent sought compensation for several conditions he attributed to mold exposure at work. OWCP obtained an impartial examiner's opinion to resolve conflicting medical views. The Board found that the examiner did not adequately explain his conclusion or address earlier positive mold…
N.U. and U.S. Postal Service, La Puente Post Office, La Puente, CA
Board upholds denial of added shoulder condition for postal carrier (ECAB 20-1022)
A postal letter carrier sought to add a right shoulder rotator cuff tear to a claim that already covered other right arm conditions. The physicians disagreed about whether the additional shoulder condition existed and was related to the work injury. The Board gave special weight to the impartial…
V.K. and U.S. Postal Service, Ybor City Processing & Distribution Center, Tampa, FL
Board orders medical review of postal technician's disability period (ECAB 20-0989)
A postal electronic technician sought wage loss compensation for a period when he could not work after accepted back injuries. OWCP obtained medical opinions about proposed lumbar surgery but did not ask its referral physician whether the employee's inability to work during the claimed dates was…
H.C. and Department of Justice, Federal Bureau of Prisons, Oakdale, LA
Board upholds prison employee's benefit overpayment recovery (ECAB 19-1976)
A federal prison employee received wage loss compensation while also receiving Social Security retirement benefits without an offset for federal service. The Board upheld OWCP's $11,199.31 overpayment calculation for November 2017 through March 2019. Although the employee was not at fault, OWCP…
Calvin E. Johnson v. Island Creek Coal Company
Johnson v. Island Creek Coal Company (BRB 21-0240 BLA): black lung benefits award affirmed
Calvin E. Johnson received a benefits award on a subsequent black lung claim after the judge found more than 24 years of underground coal mine work and a totally disabling respiratory impairment. Those findings triggered a presumption that pneumoconiosis caused his disability. Island Creek Coal…
Loretta J. McCoy v. Tanoma Mining Company and State Workers’ Insurance Fund
McCoy v. Tanoma Mining Company (BRB 21-0225 BLA): survivor's benefits denial affirmed
Loretta J. McCoy sought black lung survivor's benefits after her husband, Gerard C. McCoy, died. The administrative law judge found that he had clinical pneumoconiosis from coal mine work but that the evidence did not show it caused or hastened his death. McCoy challenged the judge's rejection of…
Darrell Hill v. Clinchfield Coal Company
Hill v. Clinchfield Coal Company (BRB 21-0207 BLA): black lung benefits award affirmed
Darrell Hill sought black lung benefits on a subsequent claim after working 32.94 years in underground coal mines. The administrative law judge found that his x rays and other evidence established complicated pneumoconiosis and awarded benefits under the irrebuttable disability presumption…
Darrell R. Snell v. Consolidation Coal Company and HealthSmart Casualty Claims
Snell v. Consolidation Coal Company (BRB 21-0131 BLA): benefits award affirmed
Darrell R. Snell had fewer than 15 years of coal mine work, so he had to prove his black lung claim without the fifteen-year presumption. The physicians agreed he had a disabling obstructive lung impairment but disagreed about its cause. The Board upheld the judge's decision to credit Dr…
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.