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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Campbell v. National Railroad Passenger Corp. (Amtrak)
Campbell v. Amtrak (DOL ARB 2020-0056): whistleblower complaint denial affirmed
Keichie Campbell reported improper storage of bedding, food, and beverages at Amtrak's Raleigh station base and was later furloughed. An ALJ found that her report was protected but did not contribute to Amtrak's action. The Board held that substantial evidence supported findings that Amtrak applied…
J.V. and U.S. Postal Service, Genoa Post Office, Genoa, NE
Board orders prior leg injury files combined for award claim (ECAB 21-0638)
J.V. sought a schedule award for permanent leg impairment after an accepted injury. An OWCP hearing representative directed that several earlier accepted lower extremity claims be combined with the current record, but the files still were not combined when the case reached the Board. The Board set…
V.G. and Department of Homeland Security, U.S. Coast Guard Integrated Support Command, Portsmouth, VA
Board upholds retirement benefit offset recovery (ECAB 20-1520)
V.G. received FECA wage-loss compensation and Social Security retirement benefits attributable to federal service without a required offset. The Board upheld OWCP’s $3,060.43 overpayment finding and found that he was without fault. It also upheld denial of waiver and repayment through $200…
K.O. and U.S. Postal Service, Margaret L. Sellers Processing & Distribution Center, San Diego, CA
Board reclassifies repetitive hand claim as occupational disease (ECAB 20-1272)
K.O. reported hand and finger symptoms from repetitive mail processing duties but used a traumatic injury claim form. OWCP decided her claim as an injury from a single shift. The Board found that her account and medical evidence described a condition developing over a longer period. It set aside…
Chevron U.S.A. Inc.
In re Chevron U.S.A. Inc. (EAB CAA Appeal 21-02C): gasoline compliance settlement approved
Chevron U.S.A. Inc. operates facilities that produce and import petroleum products. The Consent Agreement states that Chevron introduced two gasoline batches with Reid Vapor Pressure above the 9.0 psi limit, imported a batch with sulfur content of 81 parts per million against an 80 ppm cap, and…
Administrator, Wage and Hour Div., USDOL v. G Farms, LLC
Administrator, Wage and Hour Div. v. G Farms, LLC (DOL ARB 2021-0040): respondents withdrew appeal
The Wage and Hour Division Administrator was the prosecuting party in a case against G Farms, LLC and Santiago Gonzalez. The respondents had an appeal pending before the Administrative Review Board. They submitted a notice withdrawing that appeal on September 10, 2021. The Board granted the…
Deepali Company, LLC
Discovery default affirmed
Deepali Company worked as a subcontractor on construction of a visitor center at the Detroit Wildlife Refuge. The Wage and Hour Division alleged Davis-Bacon Act and Contract Work Hours and Safety Standards Act violations involving wage rates, overtime, certified payrolls, and worker classification…
G.C. and U.S. Postal Service, Post Office, Staten Island, NY
Board upholds refusal to add cervical condition (ECAB 21-0527)
G.C. sought to add cervical radiculopathy to her accepted injury claim after an altercation at work. A physician diagnosed the condition but did not adequately explain how the incident caused it; other medical reports did not offer a causal opinion. The Board found the evidence insufficient and…
C.E. and Department of Justice, Bureau of Prisons, Grand Prairie, TX
Board finds wage loss denial premature (ECAB 21-0456)
C.E. claimed four hours of wage loss compensation for a medical appointment related to an accepted injury. OWCP asked for supporting evidence and said she had 30 days to respond, but denied the claim after only 20 days. The Board held that the early decision violated OWCP's own procedure and…
M.H. and U.S. Postal Service, Curseen-Morris Processing & Distribution Center, Washington, DC
Board upholds denial of late reconsideration request (ECAB 21-0399)
M.H. sought reconsideration of a schedule award decision more than one year after OWCP's last merit ruling. His impairment rating report had already been in the record. Other submissions about bowel and bladder conditions and medical procedures did not establish error in the schedule award…
A.H. and U.S. Postal Service, Post Office, Gastonia, NC
Board orders related claim files combined (ECAB 21-0372)
A.H. sought wage loss compensation for a period in early 2020. OWCP attributed his time away from work to another claim arising from the same 2014 incident, but the record before the Board lacked that other claim file. The Board found it could not fully decide the issue on that record. It directed…
A.M. and Department of Veterans Affairs, Audie L. Murphy Memorial Veterans Hospital, San Antonio, TX
Board dismisses appeal and reconsideration petition (ECAB 21-0320 and 20-1405)
A.M. sought Board review of two purported OWCP decisions, but the record contained no final adverse OWCP decision within the appeal period. The Board therefore dismissed Docket No. 21-0320. It also dismissed her attempted reconsideration of its October 2020 order in Docket No. 20-1405 because that…
A.L. and Smithsonian Institution, Washington, DC
Board requires new overpayment notice (ECAB 21-0099)
A.L. challenged an alleged $3,146.57 overpayment tied to simultaneous FECA and Social Security retirement benefits. After a hearing representative set aside the earlier preliminary determination, OWCP issued a final decision with a changed amount without a new preliminary notice. That deprived her…
S.G. and U.S. Postal Service, Post Office, Austin, TX
Board upholds $19,717.42 benefit overpayment (ECAB 21-0025)
S.G. received FECA wage loss compensation and Social Security retirement benefits without the required offset between September 2017 and December 2019. The Board upheld the $19,717.42 overpayment and found he was without fault. It also upheld the denial of waiver because the financial evidence did…
V.B. and Department of Veterans Affairs, Bay Pines Veterans Medical Center, St. Petersburg, FL
Board orders comparison of two left knee awards (ECAB 20-1640)
V.B. sought a schedule award above the six percent left leg impairment previously compensated. OWCP obtained a new rating but its physician did not explain whether current impairment duplicated the earlier award or arose from different accepted knee conditions. The Board found that an overlap…
E.H., widower of B.H., and U.S. Postal Service, Post Office, Burlington, NC
Board orders proper estate debt recovery review (ECAB 20-1427)
OWCP sought to collect a compensation overpayment from a deceased worker’s estate. Its record did not show that it followed the required referral process for a federal tax refund offset before taking action against the estate. The Board could not determine the collectible amount on that record. It…
D.O. and Department of Transportation, Federal Aviation Administration, Hampton, GA
Board orders impartial review of mobility devices (ECAB 20-1245)
D.O.’s treating physician sought an electric scooter and lift chair for conditions accepted under his federal injury claim. OWCP’s medical adviser disagreed that the devices were necessary because D.O. was moving to assisted living. The Board found a medical conflict on their necessity. It set…
K.L. and U.S. Postal Service, Post Office, Bellingham, WA
Board orders new calculation of carrier’s compensation rate (ECAB 20-1005)
OWCP calculated K.L.’s pay rate under a fallback method for employees without a usable annual wage history. The Board found that the method based on similarly employed workers should have been examined first, and the employer’s records had not been adequately explained. It set aside the rate…
R.P. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA
Board upholds shoulder benefits termination (ECAB 20-0891)
R.P. sought to add conditions to an accepted shoulder injury claim and challenged the termination of wage-loss compensation and medical benefits. The Board found that the additional conditions were not proved to arise from the work injury. A second opinion supported that the accepted shoulder…
D.P. and U.S. Postal Service, Post Office, Tarentum, PA
Board upholds termination and later disability denial (ECAB 20-0883)
OWCP ended D.P.’s wage-loss compensation and medical benefits for an accepted injury. The Board held that the medical evidence supported termination because the accepted conditions no longer caused disability or residuals. Her later reports also failed to connect a subsequent period off work to the…
L.R. and U.S. Postal Service, Mount McCoy Post Office, Simi Valley, CA
Board orders updated carpal tunnel impairment review (ECAB 20-0493)
L.R. sought a schedule award for accepted carpal tunnel syndrome and hand conditions. After an earlier medical adviser disagreed with an impairment rating, new electrodiagnostic studies and a physician’s revised report entered the record. OWCP denied the claim without sending that updated evidence…
J.B. and U.S. Postal Service, Post Office, Portsmouth, NH
Board orders neutral opinion on hip and knee disease (ECAB 20-0147)
J.B. claimed that postal work caused right hip and knee osteoarthritis. The Board found a conflict in the medical opinions on causation, requiring a neutral specialist before the claim could be decided. It also upheld the hearing representative’s refusal to subpoena a physician because the evidence…
Matter of N-V-G-
Refugee entry did not trigger aggravated-felony waiver bar
The Board reviewed the Department of Homeland Security's challenge to a section 212(h) waiver granted to a respondent who entered the United States as a refugee and later adjusted to lawful permanent resident status. It held that the aggravated-felony bar applies when a person was previously…
(NFN) Shiloh v. Huntington Ingalls Industries, Incorporated
Shiloh v. Huntington Ingalls (BRB 21-0316): job availability finding sent back
Shiloh injured his back at a shipyard and sought additional disability compensation and medical expenses. The administrative law judge found that other jobs were available during May and June 2018 and that the work injury had healed by June 23. The Board held that the judge had not adequately…
Kerney Slone v. Dynasty Mining, Incorporated
Slone v. Dynasty Mining (BRB 21-0008 BLA): benefit award remanded over omitted exhibits
Kerney Slone received black lung benefits after an administrative law judge applied the statutory presumption based on his coal mine work and respiratory disability. Dynasty Mining argued that the judge had overlooked seven exhibits it said it submitted with its brief. The Board found that the…
Sandra Steele, on behalf of Billy W. Steele, v. Consolidation Coal Company
Steele v. Consolidation Coal (BRB 20-0534 and 20-0535 BLA): miner and survivor awards affirmed
Sandra Steele pursued her late husband Billy Steele's black lung claim and her own survivor claim. An administrative law judge found that Billy's disabling lung condition was legal pneumoconiosis and awarded benefits in both claims. The employer challenged the medical opinions linking the condition…
Michael W. Hendrix v. Blue Creek Mining, LLC
Hendrix v. Blue Creek Mining (BRB 20-0508 BLA): black lung benefit award affirmed
Michael Hendrix received black lung benefits after an administrative law judge found that thirty-nine years of underground coal mine work and total respiratory disability invoked the statutory presumption of disability due to pneumoconiosis. Blue Creek Mining argued that its medical evidence…
Marcella Terry, on behalf of Homer Mullins, v. Incoal, Incorporated
Terry v. Incoal (BRB 20-0421 BLA): benefit award on modification affirmed
Marcella Terry pursued Homer Mullins's black lung claim as administrator of his estate. After an earlier denial, an administrative law judge granted modification and awarded benefits, finding that Mullins's disabling lung disease was partly caused by coal mine dust. Incoal challenged the judge's…
Michael W. Choncek v. Keystone Coal Mining Corporation
Choncek v. Keystone Coal (BRB 20-0398 BLA): benefit award remanded for asthma evidence
Michael Choncek received black lung benefits after an administrative law judge found that his coal mine work and total respiratory disability invoked the statutory presumption of disability due to pneumoconiosis. Keystone Coal argued that the judge had wrongly rejected its doctors' opinions about…
Leonis Cooper v. A & M Coal Company, Incorporated
Cooper v. A & M Coal (BRB 20-0389 BLA): black lung benefit award affirmed
Leonis Cooper received black lung benefits after an administrative law judge found that twenty-five years of underground coal mine work and total respiratory disability invoked the statutory presumption of disability due to pneumoconiosis. A & M Coal disputed its designation as the responsible…
Peggy Clemons, on behalf of James Clemons, v. Huscoal, Incorporated
Clemons v. Huscoal (BRB 20-0377 and 20-0379 BLA): miner and survivor awards affirmed
Peggy Clemons pursued her late husband James Clemons's black lung claim and her own survivor claim. An administrative law judge found that his disabling lung condition was legal pneumoconiosis and awarded benefits in both claims. Huscoal challenged the judge's reliance on a medical opinion linking…
Lena Brown, on behalf of Gary Brown, v. Shurrock Coal Corporation
Brown v. Shurrock Coal (BRB 20-0311 and 20-0312 BLA): miner and survivor awards affirmed
Lena Brown pursued her late husband Gary Brown's black lung benefits claim and her own survivor claim. The administrative law judge found that Gary's disabling respiratory condition was legal pneumoconiosis and awarded benefits in both claims. Shurrock Coal challenged the award, including the…
Roy E. Hill v. Presley Trucking Company, Incorporated
Hill v. Presley Trucking (BRB 20-0123 BLA): benefit award remanded for work history findings
Roy Hill received black lung benefits after an administrative law judge found that he had pneumoconiosis caused by coal mine work. Presley Trucking challenged the award and its designation as the responsible employer. The Board majority upheld that designation but found that the judge had not…
P.G. and Department of the Navy, Fleet Readiness Center Southeast, Jacksonville, FL
Board upholds refusal to reopen hearing loss claim (ECAB 20-1419)
P.G. sought reconsideration of a rejected occupational hearing loss claim. His attorney repeated arguments about a doctor’s report that OWCP had already reviewed. New general information about workplace noise did not address the medical cause of his hearing loss. The Board held that the request did…
K.A. and U.S. Postal Service, Post Office, Hudson, MI
Board recognizes injury incident while checking work schedule (ECAB 20-0787)
K.A., a postal rural carrier associate, went to her main post office 40 minutes after a shift to check her next assignment. A coworker pushed a cart through double doors and struck her right shoulder. The Board held that checking the schedule was an act incidental to work, so the incident occurred…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Center, Petersburg, Virginia (Agency) and American Federation of Government Employees, Local 2052, Council of Prison Locals #33 (Union)
FCC Petersburg and AFGE Local 2052 (FLRA 0-AR-5615): Accommodation and backpay award upheld
A facilities assistant at FCC Petersburg requested a different work location after a medical event during pregnancy. The prison denied the request and kept her on leave without pay without engaging in the interactive process required by its accommodation policy. An arbitrator found that the agency…
Larry Brooks v. United Stevedores of America, Incorporated and Signal Mutual Indemnity Association, Limited
Brooks v. United Stevedores (BRB 21-0263): fee appeal dismissed as premature
Larry Brooks appealed a district director's denial of an employer-paid attorney fee. Brooks had also filed a timely request for reconsideration, which the director answered by letter. The Board held that the letter was not an appealable order, leaving reconsideration pending. It dismissed the…
Shaun Getty v. Academi and Starr Indemnity & Liability Company
Getty v. Academi (BRB 21-0260): attorney fee award affirmed
Shaun Getty's attorney appealed a fee award made after his Defense Base Act benefits case. On remand, the administrative law judge awarded $82,788.53 in attorney fees and costs, using hourly rates below counsel's requested rates. The attorney argued that the judge should have used higher hourly…
Roger Wyciskalla v. Arch of Illinois, Incorporated
Wyciskalla v. Arch of Illinois (BRB 20-0473 BLA): black lung benefit denial affirmed
Roger Wyciskalla appealed the denial of his black lung benefits claim, and Arch of Illinois cross-appealed over whether it was the responsible employer. The administrative law judge had found no total respiratory or pulmonary disability. The Board held that the pulmonary function studies, blood gas…
Earl David Ferguson v. Addington, Incorporated
Ferguson v. Addington (BRB 20-0397 BLA): benefit award on modification affirmed
Earl Ferguson sought to modify the denial of his black lung benefits claim. The administrative law judge found that his twenty-seven years of underground coal mine work and total respiratory disability invoked the statutory presumption of disability due to pneumoconiosis, then awarded benefits…
Harold Dewain Lambert v. Clinchfield Coal Company
Lambert v. Clinchfield Coal (BRB 20-0395 BLA): black lung benefit award affirmed
Harold Lambert received black lung benefits after an administrative law judge found that his lengthy surface coal mine work and total respiratory disability invoked the statutory presumption of disability due to pneumoconiosis. Clinchfield Coal challenged the judge's finding that it had failed to…
Julius L. Miller v. Sea B Mining Company
Miller v. Sea B Mining (BRB 20-0380 BLA): benefit award remanded for x-ray review
Julius Miller sought black lung benefits based on coal mine work. The administrative law judge awarded benefits after finding complicated pneumoconiosis and applying the irrebuttable disability presumption. The Board's majority held that the judge had not fully considered comments accompanying two…
T.F. and Department of the Treasury, Internal Revenue Service, Criminal Investigation, Washington, DC
Board upholds denial of back injury claim (ECAB 21-0516)
T.F. sought compensation for back conditions she attributed to a January 2020 work incident. Her doctor listed lumbar diagnoses and checked boxes linking them to the incident, but did not explain how the event caused or aggravated those conditions. Other reports also lacked an adequate causal…
R.O. and Department of Veterans Affairs, Veterans Benefits Administration, San Juan, PR
Board reverses termination based on distant job offer (ECAB 20-1670)
R.O. lived in Texas when her employer offered a modified position in Puerto Rico. OWCP ended her benefits after she refused it, without evidence that the employer had searched for suitable work near her current home. The Board held that OWCP had not established the distant job offer was suitable…
C.W. and U.S. Postal Service, Wakefield Station Post Office, Bronx, NY
Board reverses termination of wage loss and medical benefits (ECAB 20-1339)
OWCP ended C.W.’s benefits after a second opinion doctor said the accepted temporary aggravation of a lumbar disc condition had resolved. The Board found that his opinion did not explain, using objective findings, why the work related aggravation had returned to baseline. OWCP therefore had not…
B.H. and U.S. Postal Service, Bradley Station, Milwaukee, WI
Board recognizes eye laceration from mail cart (ECAB 20-1048)
B.H. reported that a mail cart struck her face while she was loading it. The employer acknowledged the incident, and a physician assistant recorded a laceration above her right eye. The Board held that this minor visible injury could be accepted without a physician’s medical report under OWCP…
J.C. and Department of Veterans Affairs, Veterans Health Administration, Southern Nevada Healthcare System, North Las Vegas, NV
Board upholds denial of left knee injury claim (ECAB 20-0914)
J.C. reported a left knee injury after a fall at work. The discharge papers described knee pain, but pain alone was a symptom rather than a medical diagnosis. Return to work instructions had an illegible signature, so the Board could not establish that a physician authored them. Without reliable…
M.S. and U.S. Postal Service, Berkeley Heights Post Office, Berkeley Heights, NJ
Board orders impartial examination for leg impairment dispute (ECAB 20-0276)
M.S. sought a schedule award for right leg impairment. OWCP treated one physician as an impartial examiner, but the earlier report did not create a proper conflict about impairment. A conflict nevertheless remained between the treating doctor’s 35 percent rating and OWCP’s doctor’s zero percent…
C.L. and Federal Deposit Insurance Corporation, Chicago, IL
Board orders further medical review of additional conditions (ECAB 20-0213)
C.L. sought acceptance of additional back, thumb, and knee conditions after an accepted work related motor vehicle collision. His doctor offered an explanation connecting those conditions to the collision. The Board found the report too limited to establish the claim outright but sufficient to…
R.M. and Department of Homeland Security, Federal Air Marshal Service, Chantilly, VA
Board requires employer response to emotional condition claim (ECAB 19-1520)
R.M. alleged an emotional condition arising from personnel actions and treatment following a whistleblower dispute. OWCP asked the employer to address his allegations, but received no response. The Board found that a statement from the employer was needed to assess the disputed events. It directed…
United States Marine Corps, Marine Corps Air Ground Combat Center, Twentynine Palms, California (Agency) and American Federation of Government Employees, Local 2018 (Union)
Marine Corps Twentynine Palms and AFGE Local 2018 (FLRA 0-AR-5689): Procedural ruling returned to arbitrator
The Marine Corps issued COVID-19 guidance at its Twentynine Palms facility, and AFGE Local 2018 grieved its alleged failure to provide protective equipment and hazardous duty pay. The agency argued that the grievance and request for arbitration missed the deadlines in the parties' agreement. The…
T.B. and U.S. Postal Service, Post Office, Bedford Park, IL
Board upholds denial of occupational injury claim (ECAB 21-0524)
T.B. reported right knee, toe, and back symptoms but did not identify the specific work activities she believed caused them. OWCP asked for a detailed account, which she did not provide. The Board held that the factual employment factors had not been established and affirmed the denial without…
T.C. and U.S. Postal Service, Post Office, Tampa, FL
Board recognizes finger contusion but rejects other conditions (ECAB 21-0513)
T.C. reported falling from a vehicle onto her hand at work. The Board accepted the incident and a left finger contusion, a visible minor injury supported by the record. It found no adequate causal opinion for an additional finger sprain or other claimed conditions. The Board reversed the denial as…
S.D. and Department of the Navy, Fleet Readiness Center Southwest, San Diego, CA
Board upholds denial of occupational condition claim (ECAB 21-0458)
S.D. alleged that repetitive work activities caused left hand and shoulder conditions. His description of the work factors was vague, and he did not return OWCP’s questionnaire asking for details. The medical evidence also did not describe the employment factors. The Board held that he had not…
G.M. and U.S. Postal Service, Post Office, Portsmouth, VA
Board reverses shoulder benefit termination (ECAB 21-0401)
OWCP ended G.M.’s benefits after an impartial examiner attributed his shoulder symptoms to degenerative disease. The Board found the examiner did not adequately explain why the accepted work conditions no longer caused disability or needed treatment. His conclusion therefore could not resolve the…
S.M. and U.S. Postal Service, Processing & Distribution Center, San Jose, CA
Board accepts head impact incident and orders medical review (ECAB 21-0154)
S.M. said she struck her head on scaffolding at work and later developed vision problems. OWCP denied the claim because it found the alleged incident unproven; her employer had challenged the claim because she did not report it that day. The Board found her account consistent with a medical record…
A.L. and U.S. Postal Service, Processing & Distribution Center, St. Petersburg, FL
Board upholds $51,113.13 benefit overpayment (ECAB 20-1514)
A.L. received FECA wage loss compensation and Social Security retirement benefits without an appropriate offset. The Board upheld a $51,113.13 overpayment for May 2014 through June 2019, finding she was without fault. It also upheld denial of waiver after reviewing her financial evidence. OWCP…
P.P. and U.S. Postal Service, Post Office, Wilmington, NC
Board upholds $41,828.40 benefit overpayment (ECAB 20-1367)
P.P. received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without the required offset. The Board upheld the $41,828.40 overpayment and found she was without fault. It also upheld denial of waiver because she had not shown the financial or…
D.W. and U.S. Postal Service, Grovetown Post Office, Grovetown, GA
Board orders medical development of disability claim (ECAB 20-1363)
D.W. claimed disability following an accepted right elbow injury. Her physician said the accepted condition prevented lifting and overhead work and kept her from her former duties. The Board found the report lacked enough medical reasoning to prove disability but raised a sufficient causal…
D.V. and U.S. Postal Service, Post Office, Raleigh, NC
Board upholds $5,359.78 benefit overpayment (ECAB 20-1291)
D.V. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld a $5,359.78 overpayment for March 2018 through August 2019. It also upheld denial of waiver because D.V. did not submit the requested financial information or Form…
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.