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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T.J. and U.S. Postal Service, Cumberland Carrier Facility, Marietta, GA
Board orders review of modified duty capacity (ECAB 20-0819)
T.J. claimed disability beginning October 27, 2017 after an accepted postal injury. OWCP’s second opinion physician did not evaluate whether he could perform the actual modified carrier job at issue. The physician had not received an adequate description of that position. The Board ordered an…
Harvestland Constructors, Inc.
Fatal fall citation vacated for lack of employer knowledge
Harvestland Constructors was building a feed mill in Georgia when an experienced carpenter fell 38 feet through an uncovered floor opening and died from his injuries. The carpenter had been assigned to cover the openings and was not using the available personal fall-arrest system when he fell. The…
V.G. and U.S. Postal Service, Seminole Processing & Distribution Center, Orlando, FL
Board orders new rating for left arm impairment (ECAB 20-0455)
V.G. sought a schedule award for more than 17 percent permanent impairment of her left arm. OWCP’s medical adviser did not adequately explain why he declined to use a range of motion rating for her shoulder and did not calculate impairment from accepted trigger finger injuries. The Board found the…
Matter of A-B-
Prior private-violence precedents vacated
The Attorney General reviewed the earlier decisions in Matter of A-B- that addressed asylum claims involving persecution by private actors and membership in a particular social group. The order vacated both earlier decisions and instructed immigration judges and the Board not to follow them in…
Matter of L-E-A-
Family social-group precedent vacated
The Attorney General reviewed a prior decision that limited when a nuclear family could qualify as a particular social group in asylum cases. The Attorney General vacated that decision in its entirety and instructed immigration judges and the Board not to follow it in pending or future cases while…
F.I. and Department of the Army, U.S. Army Watervliet Arsenal, Watervliet, NY
Board dismisses late appeal of January 2020 decision (ECAB 21-0814)
F.I. appealed an OWCP decision issued January 31, 2020. The appeal was filed May 5, 2021, beyond the 180 day deadline. The Board found no documented compelling circumstances excusing the delay. It dismissed the appeal without reviewing the claim’s merits.
D.E. and U.S. Postal Service, Post Office, Battle Creek, MI
Board dismisses late appeal of July 2020 decision (ECAB 21-0531)
D.E. appealed OWCP’s July 27, 2020 decision on February 22, 2021, after the 180 day deadline. Counsel identified only that decision in the appeal form, although OWCP had issued a later hearing decision. The Board dismissed the appeal of the July decision without reaching its merits.
O.S. and Department of the Air Force, MacDill Air Force Base, FL
Board dismisses appeal without a reviewable OWCP decision and late reconsideration petition (ECAB 21-0450)
O.S. tried to appeal a purported March 2019 OWCP decision, but that date referred to an earlier Board decision. No timely final adverse OWCP decision was in the record for the new appeal. The Board also found that his February 2021 petition to reconsider its March 2019 decision was filed after the…
C.M. and U.S. Postal Service, Post Office, Bedford Park, IL
Board recognizes workplace incident and remands injury question (ECAB 21-0200)
C.M. claimed a traumatic injury from an August 8, 2020 incident at the post office. The Board found that the incident occurred in the performance of duty as alleged. It did not decide whether the incident caused a medical injury. The Board directed OWCP to evaluate that remaining question and issue…
A.N. and Department of Veterans Affairs, Southern Arizona VA Health Care System, Tucson, AZ
Board requires reasons for denial of cervical condition (ECAB 20-1603)
A.N. sought to add a cervical herniated disc to an accepted workplace injury claim. OWCP denied expansion without explaining why a second opinion physician’s report did not support it. The Board found the decision lacked the required findings and statement of reasons. It remanded for a properly…
J.H. and U.S. Postal Service, South Hills Post Office, Pittsburgh, PA
Board upholds compensation forfeiture and overpayment (ECAB 20-1588)
J.H. failed to report earnings from employment while receiving FECA compensation from January 18, 2016 through April 18, 2017. The Board found he knowingly omitted those earnings and forfeited compensation for the period. It upheld a resulting $38,178.96 overpayment and found he was at fault, so…
D.C. and U.S. Postal Service, Chestnut Hill Post Office, Chestnut Hill, MA
Board orders new specialist review of hip and knee claim (ECAB 20-1219)
D.C. sought acceptance of a permanent aggravation of right hip and knee osteoarthritis. The Board found the medical conflict had not been adequately resolved. It directed OWCP to obtain a new impartial specialist’s opinion using an updated statement of accepted facts. It set aside the May 21, 2020…
C.H. and Department of the Navy, Naval Station Norfolk, Norfolk, VA
Board orders more complete arm impairment measurements (ECAB 20-0529)
C.H. sought higher impairment awards for his right arm and left leg. The Board found the arm rating record did not show the repeated range of motion measurements required by the applicable guidance. It could not verify whether the arm rating had been properly calculated. The Board set aside OWCP’s…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Dublin, California and American Federation of Government Employees, Local 3584, Council of Prison Locals #33
FCI Dublin and AFGE Local 3584 (FLRA 0-AR-5589): Authority narrows overtime award on timeliness grounds
AFGE Local 3584 alleged that FCI Dublin failed to distribute overtime equitably across eleven prison departments. An arbitrator found violations in ten departments and directed the parties to determine the back pay owed to affected employees. The Authority held that claims involving four…
R.E. and U.S. Postal Service, Post Office, Casper, WY
Board upholds refusal to reopen compensation claim (ECAB 21-0172)
R.E. asked OWCP to reconsider an earlier compensation decision. The Board found that her submission did not show a legal error, present a relevant new argument, or supply evidence warranting merit review. It affirmed OWCP’s May 28, 2020 refusal to reopen the claim.
J.D. and U.S. Postal Service, Post Office, Federal Way, WA
Board upholds denial of shoulder injury claim (ECAB 21-0164)
J.D. claimed a right shoulder condition after stacking palette boards at work on July 21, 2020. Dr. Suffis diagnosed a rotator cuff strain but gave no opinion on whether the accepted incident caused it. The nurse practitioner’s note did not count as medical evidence under FECA. The Board affirmed…
C.L. and U.S. Postal Service, Post Office, Orlando, FL
Board upholds refusal to reopen disability claim (ECAB 21-0142)
C.L. sought reconsideration of a decision about missed work during flare ups of accepted conditions. The Board found that her submission met none of the three grounds for reopening the claim’s merits under 20 C.F.R. § 10.606(b)(3). It affirmed OWCP’s May 11, 2020 refusal to reconsider.
K.W. and Department of Veterans Affairs, Calverton National Cemetery, Calverton, NY
Board upholds denial of shoulder condition claim (ECAB 21-0117)
K.W. sought acceptance of a right shoulder condition after an accepted January 24, 2018 work incident. The Board found the newer medical evidence did not adequately establish a causal link between the incident and the condition. It affirmed OWCP’s September 10, 2020 decision.
M.H., widow of W.H., and Department of Defense, National Security Agency, Fort Meade, MD
Board awards survivor death gratuity for service related exposure (ECAB 20-1140)
M.H. sought a death gratuity after OWCP accepted that her spouse’s death in 2016 was related to Agent Orange exposure during service in Vietnam. The Board found that the exposure occurred in connection with an Armed Forces contingency operation, Operation Ranch Hand. It rejected OWCP’s view that…
I.H. and U.S. Postal Service, Post Office, Jersey City, NJ
Board reverses suitable work benefit termination (ECAB 20-1007)
OWCP ended I.H.’s compensation after finding he had refused a suitable modified postal job. The offer did not clarify whether the job required reaching above the right shoulder, which OWCP’s second opinion physician restricted, and another physician limited lifting below the offered job’s…
B.S. and Department of the Navy, Naval Facilities Engineering Command, Great Lakes, IL
Board upholds denial of injury condition claim (ECAB 20-0895)
B.S. sought acceptance of a medical condition after an accepted February 27, 2019 workplace incident. The Board reviewed reports from several physicians but found they did not adequately establish a causal relationship to the incident. It affirmed OWCP’s January 21, 2020 denial.
M.B., Jr. and Department of Homeland Security, U.S. Customs & Border Protection, Brownsville, TX
Board upholds benefit suspension for missing disclosure form (ECAB 20-0865)
OWCP asked M.B. to complete a Form CA-1032 disclosing information relevant to ongoing benefits. He did not return the requested form within the allowed time. The Board found that OWCP properly suspended his wage loss compensation effective March 29, 2020. It affirmed the March 4, 2020 decision.
D.S. and U.S. Postal Service, Wykagyl Post Office, New Rochelle, NY
Board upholds denial of lumbar condition claim (ECAB 20-0584)
D.S. sought acceptance of a lumbar condition after an accepted postal work incident on July 24, 2018. The Board found the medical reports did not adequately establish that the incident caused or aggravated the lumbar condition. It affirmed OWCP’s December 11, 2019 denial.
D.K. and U.S. Postal Service, Bulk Mail Center, Edison, NJ
Board dismisses appeal for lack of timely filing proof (ECAB 20-0341)
D.K. appealed a January 2, 2019 OWCP decision on December 2, 2019, after the 180 day deadline. Counsel said he had mailed an appeal in March, but the certified mail receipt lacked a postmark or proof of Board receipt. The Board found the earlier filing unproven. It dismissed the appeal without…
P.T. and U.S. Postal Service, Fairfax Main Post Office, Fairfax, VA
Board orders clarification of arm impairment and related overpayment (ECAB 21-0138)
P.T. challenged her left arm impairment rating and an alleged $19,076.22 schedule award overpayment. The district medical adviser had changed the diagnosis classification and selected rating modifiers without adequate explanation. The Board found the impairment calculation needed clarification…
A.Q. and Department of the Treasury, Internal Revenue Service, Richmond, VA
Board upholds retirement benefit overpayment (ECAB 20-1328)
A.Q. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld a $24,616.52 overpayment for October 1, 2016 through February 29, 2020, although she was not at fault. It also upheld denial of waiver and recovery through $100 deductions…
T.D. and U.S. Postal Service, Processing & Distribution Center, Coppell, TX
Board leaves wage earning capacity decision in place (ECAB 20-1088)
T.D. asked OWCP to modify a May 2012 loss of wage earning capacity determination. The Board found her new evidence did not establish a basis for changing that determination. It affirmed OWCP’s November 12, 2019 decision.
United States Department of Homeland Security, U.S. Customs and Border Protection and National Treasury Employees Union, Chapter 149
Customs and Border Protection and NTEU Chapter 149 (FLRA 0-AR-5673): Authority dismisses premature overtime exceptions
NTEU Chapter 149 grieved five occasions when Customs and Border Protection allegedly failed to follow the contract's mandatory overtime-assignment procedure. The arbitrator found three violations and awarded remedies but left two occasions for the parties to investigate and resolve, retaining…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Temporary reinstatement affirmed
Alvaro Saldivar alleged that Grimes Rock terminated him one day after his latest safety complaint and after repeated requests for equipment-specific task training. The Judge found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. Grimes Rock challenged…
Robert Thomas v. Calportland Company
Discrimination claim remanded for but-for analysis
Robert Thomas alleged that CalPortland suspended and terminated him because he exercised rights protected by the Mine Act. The Commission had reversed an Administrative Law Judge's finding of discrimination and dismissed the case for lack of evidence that protected activity motivated the adverse…
Dohogne v. Terminal Railroad
Appeal dismissed for failure to prosecute
Patricia Dohogne had an appeal pending before the Administrative Review Board against Terminal Railroad. The Board ordered her to explain by May 31, 2021 why the appeal should not be dismissed for failure to prosecute. Dohogne did not respond to that order and did not file the brief required by the…
Clem v. Computer Sciences Corp.
$112,120 in attorneys' fees awarded
Kirtley Clem and Matthew Spencer prevailed on Energy Reorganization Act whistleblower complaints against Computer Sciences Corporation after a remand and a second appeal. Their attorneys requested $112,120 for 304.8 hours of work before the Board, using hourly rates from $275 to $500. The Board…
Chambers v. BNSF Railway Co.
Reconsideration denied
Gregory Chambers alleged that BNSF Railway terminated him for reporting an injury in violation of the Federal Railroad Safety Act. An ALJ dismissed the complaint, and the Board affirmed because substantial evidence supported BNSF's affirmative defense. Chambers then sought reconsideration by…
S.M. and Department of Commerce, Bureau of the Census, Chicago, IL
Board upholds denial of emotional condition claim (ECAB 21-0197)
S.M., a census enumerator, claimed an emotional condition after an accepted August 16, 2020 work incident. OWCP requested medical evidence identifying a diagnosis and explaining how the incident caused it. The Board found that she had submitted no medical evidence at all. It affirmed OWCP’s…
L.D. and U.S. Postal Service, South Troost Station, Kansas City, MO
Board upholds 16 percent leg impairment award (ECAB 21-0096)
L.D. sought a larger schedule award for her right leg after receiving compensation for 16 percent permanent impairment. The Board found that the newer medical rating did not establish a higher percentage under the applicable impairment guides. It affirmed OWCP’s July 8, 2020 decision.
C.D. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
Board recognizes parking lot incident and remands injury question (ECAB 20-1174)
C.D. claimed an injury from an incident in an Army depot parking area. The Board found that the October 10, 2019 incident occurred in the performance of duty. It left the question whether the incident caused the diagnosed medical conditions for OWCP to decide on remand. The Board set aside the…
A.B. and U.S. Postal Service, Augusta Post Office, Augusta, ME
Board upholds denial of lower back injury claim (ECAB 20-1017)
A.B. claimed a lower back injury after lifting a heavy parcel at work on October 10, 2019. A physician mentioned abdominal wall muscle sprain but gave a different account of when the lifting incident occurred and did not provide sufficient medical reasoning. The Board found the evidence did not…
D.W. and Department of Defense, Defense Commissary Agency, McGuire Air Force Base, NJ
Board upholds finding that hand conditions resolved (ECAB 20-0885)
D.W. challenged OWCP’s finding that her de Quervain tenosynovitis and left trigger thumb had resolved by March 26, 2019. The Board found the medical evidence supported resolution of both conditions. It affirmed OWCP’s September 23, 2019 decision.
N.H. and U.S. Postal Service, Post Office, Milwaukee, WI
Board upholds denial of cervical condition claim (ECAB 21-0229)
N.H., a mail handler, sought acceptance of a cervical nerve root condition based on postal work factors. A visit summary listed the diagnosis but gave no medical opinion about its cause. The Board found the evidence insufficient to connect the condition to work. It affirmed OWCP’s June 25, 2020…
M.S. and Department of Energy, Western Power Administration, Montrose, CO
Board upholds retirement offset overpayment and recovery (ECAB 20-1261)
M.S. received FECA wage loss compensation and Social Security retirement benefits without a required offset. The Board upheld a $76,632.68 overpayment from February 1, 2015 through March 28, 2020, although she was not at fault. It also upheld denial of waiver and recovery by $1,315 deductions from…
A.V. and U.S. Postal Service, Chestnut Post Office, Union, NJ
Board confirms retirement offset but remands debt amount (ECAB 20-0774)
A.V. received FECA wage loss compensation and Social Security retirement benefits without a required offset. The Board found an overpayment occurred from February 1, 2016 through June 22, 2019. It found that OWCP had not adequately established the amount of the debt. The Board set aside the…
M.B. and U.S. Postal Service, Post Office, Oxnard, CA
Board reverses two unsupported overpayment findings (ECAB 20-0560)
OWCP claimed M.B. owed compensation because of a Social Security retirement offset and life insurance premium deductions. The Board found OWCP had not established the facts needed to support the retirement offset overpayment. It also found the record lacked proof of the life insurance elections…
J.D. and Department of Homeland Security, Transportation Security Administration, Ontario, CA
Board upholds start date for impairment award (ECAB 19-0032)
J.D. disputed the date OWCP used to begin her additional left arm impairment award, while accepting the impairment percentage. A second opinion examination on January 24, 2017 established the date her condition had reached maximum medical improvement. The Board found that OWCP properly used that…
C.L. and U.S. Postal Service, Post Office, Orlando, FL
Board upholds denial of intermittent disability benefits (ECAB 20-0510)
C.L. sought compensation for intermittent disability from April 29 through September 7, 2018 after an accepted postal work injury. The Board found that the medical evidence did not establish work related disability for the claimed dates. It affirmed OWCP’s July 10 and July 30, 2019 decisions.
R.M. and U.S. Postal Service, Post Office, Frenchburg, KY
Board orders fuller medical review of disability recurrence (ECAB 20-0486)
R.M. claimed a recurrence of disability beginning February 15, 2019 after an accepted 2017 postal injury. OWCP’s second opinion did not adequately resolve whether the accepted injury caused disability on that date. The Board ordered a reasoned supplemental opinion or a new examination. It set aside…
National Labor Relations Board (Agency) and National Labor Relations Board Professional Association (Union)
NLRB and NLRB Professional Association (FLRA 0-AR-5602, 0-AR-5677): Second bargaining grievance returned to arbitrator
The NLRB and its employee union disputed ground rules for a new agreement. An arbitrator found that the agency bargained in bad faith but denied a second grievance about proposals submitted to the Federal Service Impasses Panel, reasoning that the Panel's ruling made the grievance moot. The…
J.W. and Department of the Interior, Fish & Wildlife Service, Fremont, CA
Board upholds denial of foot injury claim (ECAB 21-0116)
J.W., a volunteer, reported a foot injury after climbing down from a rock during work. OWCP accepted that the August 8, 2018 incident occurred. The Board found that the medical reports did not adequately explain how the incident caused her diagnosed conditions. It affirmed OWCP’s July 1, 2020…
R.C. and Department of the Treasury, U.S. Mint, Philadelphia, PA
Board upholds denial of knee injury claim (ECAB 20-1525)
R.C. reported knee pain after stepping down from a press platform at work. OWCP accepted that the October 25, 2018 incident occurred. The Board found that the medical opinions did not adequately explain how the incident caused the diagnosed right knee conditions. It affirmed OWCP’s April 30, 2020…
J.R. and Department of the Navy, Naval Supply Station, Oakland, CA
Board upholds denial of additional right arm award and merit review (ECAB 20-1224)
J.R. sought a schedule award above the 10 percent right upper extremity impairment already compensated after an accepted hand injury. The Board found the evidence did not establish a greater impairment. It also held that his reconsideration request did not meet the requirements for another merits…
G.S. and U.S. Postal Service, Post Office, Wallingford, CT
Board upholds compensation forfeiture and overpayment (ECAB 20-0460)
G.S. did not report employment activities and earnings while receiving compensation for an accepted postal injury. The Board upheld forfeiture of compensation from September 9, 2013 through October 2, 2015. It also upheld a $43,758.67 overpayment and OWCP’s finding of fault, which barred waiver…
S.A. and U.S. Postal Service, St. Louis Network Distribution Center, Hazelwood, MO
Board upholds augmented rate overpayment (ECAB 20-0279)
S.A. received wage loss compensation at an augmented rate after she was no longer entitled to that rate. The Board upheld OWCP’s finding of an $11,239.79 overpayment for May 12, 2017 through April 26, 2020. It also upheld the denial of waiver of recovery. The order affirms OWCP’s October 21, 2019…
J.S. and Department of the Interior, Bureau of Indian Affairs Navajo Region, Navajo, NM
Board orders impartial review of travel reimbursement claim (ECAB 19-1246)
J.S. sought lodging and travel reimbursement for medical treatment after an accepted work injury. Her treating physician and OWCP’s second opinion physician disagreed about how long she could drive to appointments. The Board found a medical conflict that OWCP must resolve through an impartial…
Association of Administrative Law Judges, International Federation of Professional and Technical Engineers and Social Security Administration, Office of Hearing Operations
Administrative Law Judges Association and Social Security Administration (FLRA 0-AR-5640): Authority remands information-request remedies
The Administrative Law Judges Association made several information requests while negotiating a new agreement with the Social Security Administration. An arbitrator found that the agency inadequately responded to five requests and ordered disclosure plus notice posting. He declined to consider…
Secretary of Labor v. Vulcan Construction Materials, LLC
Brake-system citation vacated
MSHA cited Vulcan Construction Materials after an inspector heard air escaping from a water truck's rear brake chamber at the South Russellville Quarry. The service and parking brakes both held the truck, but the Secretary argued that the audible release showed a brake-system component was not…
Matter of D-G-C-
Continued religious activity did not excuse late asylum filing
The Board reviewed a Chinese respondent's appeal after an Immigration Judge denied his asylum and withholding of removal applications. The respondent had been detained and beaten in China for Christian proselytizing, then filed his asylum application more than one year after entering the United…
B.W. and U.S. Postal Service, Brooklyn Park Post Office, Brooklyn Park, MN
Board orders new review of knee impairment (ECAB 21-0174)
B.W. sought a schedule award for permanent left leg impairment after an accepted knee sprain. OWCP’s medical adviser rated a collateral ligament condition that OWCP had not accepted and did not adequately address her physician’s rating of the accepted sprain. The Board ordered further medical…
R.G. and U.S. Postal Service, Post Office, Cleveland Heights, OH
Board upholds retirement offset overpayment (ECAB 21-0148)
R.G. received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld a $35,131.35 overpayment for January 1, 2017 through August 15, 2020. It upheld denial of waiver and recovery by $236.58 deductions from continuing compensation every 28…
D.B. and U.S. Postal Service, Church Street Station, New York, NY
Board upholds small wage loss overpayment (ECAB 21-0009)
D.B. continued to receive total disability compensation for four days after returning to full-time limited duty work. The Board upheld a $311.44 overpayment for July 15 through 18, 2020, finding she was not at fault. It also upheld OWCP’s denial of waiver. It affirmed the September 11, 2020…
L.E. and U.S. Postal Service, Post Office, West Milwaukee, WI
Board orders impartial review of hip impairment (ECAB 20-1505)
L.E. sought a schedule award above the three percent right leg impairment OWCP had found after an accepted hip injury. Her physician and OWCP’s medical adviser disagreed about which rating method applied. The Board found their opinions created a medical conflict requiring an impartial examination…
R.B. and U.S. Postal Service, Post Office, Bound Brook, NJ
Board upholds denial of knee injury claim (ECAB 20-1066)
R.B., a letter carrier, reported that his knee buckled while he descended stairs at work. OWCP accepted that the June 10, 2014 incident occurred. The Board found that the medical evidence did not establish a causal connection between the incident and a right knee injury. It affirmed OWCP’s March…
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.