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.M. and Department of Veterans Affairs, Edward Hines, Jr. VA Hospital, Hines, IL
Board upholds schedule award and hearing denials (ECAB 20-1465)
D.M. sought a schedule award for permanent impairment and requested an oral hearing. The Board found that the evidence did not establish a ratable permanent impairment. It also found that her hearing request was filed late and that OWCP properly declined it. The Board affirmed both decisions.
J.V. and Department of the Air Force, Travis Air Force Base, CA
Board orders complete thumb and wrist impairment rating (ECAB 20-1368)
J.V. sought a greater schedule award for impairment of his right upper extremity and left thumb. The Board found that the thumb range-of-motion measurements were incomplete. It also found uncertainty about whether the accepted claim included a right wrist condition previously used for an award. It…
F.A. and U.S. Postal Service, Florence Processing & Distribution Center, Florence, SC
Board orders review of schedule award reports (ECAB 20-1324)
F.A. sought a schedule award for impairment of his right lower extremity. Before OWCP ruled on reconsideration, it received a physician’s impairment report and a district medical adviser’s report. OWCP denied the request without addressing either report. The Board set aside the decision and…
E.G. and U.S. Postal Service, Hamburg Post Office, Hamburg, NY
Board upholds hearing abandonment and remands injury claim (ECAB 20-1184)
E.G., a postal carrier, missed a scheduled OWCP oral hearing, and the Board upheld the finding that he abandoned the request. On his injury claim, a physician’s opinion raised a sufficient medical connection to the accepted work incident to require further development. The Board set aside the claim…
R.W. and Department of Veterans Affairs, Veterans Administration Medical Center, San Diego, CA
Board dismisses appeal and late reconsideration petition (ECAB 20-1150)
R.W. filed an appeal in April 2020, but the Board found no final adverse OWCP decision issued within the required 180 days. The Board had already set aside the last OWCP decision in a separate appeal. It also found that R.W.’s filing came too late to seek reconsideration of that earlier Board…
M.R. and U.S. Postal Service, Post Office, Tampa, FL
Board upholds denial of upper extremity condition claim (ECAB 19-1954)
M.R. attributed conditions in both upper extremities to years of repetitive postal duties, including keying and handling mail. The Board found that the medical reports did not provide a sufficient reasoned connection between those accepted duties and her conditions. It affirmed OWCP’s denial of the…
C.H. and U.S. Postal Service, Post Office, Lithonia, GA
Board upholds denial of vehicle accident injury claim (ECAB 19-1127)
C.H. sought benefits after an accepted 2019 work vehicle accident. The Board found that her medical evidence did not adequately establish a diagnosed injury caused by that incident. It affirmed OWCP’s denial. The accepted event alone did not establish the medical part of the claim.
R.M. and Department of Justice, U.S. Marshals Service, Del Rio, TX
Board upholds upper extremity award payments (ECAB 19-0463)
R.M., a deputy marshal, challenged the amount paid under schedule awards for permanent upper extremity impairment. The Board reviewed the compensation rates and deposits for the award periods. It found that OWCP had paid the proper amounts, totaling $180,205.22 across the two awards. The Board…
Social Security Administration, Office of Hearings Operations and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers
SSA Office of Hearings Operations and AALJ (FLRA 0-AR-5524): Authority narrows scheduling-directive award
The Social Security Administration directed an administrative law judge to schedule more hearings and later reprimanded him for not following that direction. An arbitrator found the grievance arbitrable, ruled that the directive and reprimand were unreasonable, and ordered several remedies. The…
Joseph Meeks v. Bis Salamis, Incorporated and Signal Mutual Indemnity Association, Limited
Meeks v. Bis Salamis (BRB 20-0316): reduced attorney fee upheld
Joseph Meeks challenged a fee award that had been reduced to reflect his limited success in a long-running benefits case. The back injury award had been reversed on judicial review, leaving medical benefits for a dental injury as his successful claim. The administrative law judge reduced the…
Geraldine Brock, on behalf of and widow of Oscar Brock, v. CONSOL Buchanan Mining Company, LLC
Brock v. CONSOL Buchanan (BRB 20-0234 and 20-0235): miner and survivor awards affirmed
Geraldine Brock pursued her late husband's Black Lung claim and her own survivor claim. The judge credited Oscar Brock with more than 32 years of qualifying coal mine work and total respiratory disability, triggering the presumption that pneumoconiosis contributed to his disability. CONSOL Buchanan…
Geraldine Brock, on behalf of and widow of Oscar Brock, v. CONSOL Buchanan Mining Company, LLC
Brock v. CONSOL Buchanan (BRB 20-0234 and 20-0235): miner and survivor awards affirmed
Geraldine Brock pursued her late husband's Black Lung claim and her own survivor claim. The judge credited Oscar Brock with more than 32 years of qualifying coal mine work and total respiratory disability, triggering the presumption that pneumoconiosis contributed to his disability. CONSOL Buchanan…
Americo J. Gatewood v. Service Employees International, Incorporated and Fluor Federal Global Projects, Incorporated
Gatewood v. Service Employees International (BRB 20-0216): skin and psychological claims denied
Americo Gatewood sought benefits for skin and psychological conditions that he attributed to work in Afghanistan and Iraq for two employers. An administrative law judge applied the statutory presumption of a work connection but found it rebutted by medical opinions. The Board upheld the denial of…
Lee Allen Horrocks v. High Power Energy and West Virginia Coal Workers' Pneumoconiosis Fund
Horrocks v. High Power Energy (BRB 20-0031): benefits award affirmed
Lee Allen Horrocks received a Black Lung benefits award after a judge credited 15.785 years of qualifying coal mine work and a totally disabling respiratory impairment. The West Virginia Coal Workers' Pneumoconiosis Fund challenged the work-year calculation and the finding that it failed to rebut…
Ralph D. Chapman v. Patrick Processing LLC and National Union Fire/Chartis
Chapman v. Patrick Processing (BRB 20-0030): benefits award affirmed
Ralph Chapman received a Black Lung benefits award after a judge found at least 15 years of qualifying coal mine work and a disabling respiratory impairment. Patrick Processing challenged whether his later claim was timely and whether one exercise blood gas test reliably established disability. The…
Adrian L. Cessna v. Arch on the Green, Incorporated, and Bituminous Casualty Corporation
Cessna v. Arch on the Green (BRB 19-0489): benefits award affirmed
Adrian Cessna received a Black Lung benefits award after a judge found that his disabling lung disease was caused in part by coal dust from nearly 15 years of mine work. Because his work fell short of 15 years, he proved legal pneumoconiosis and disability causation through medical evidence rather…
I.M. and U.S. Postal Service, Port Arthur Post Office, Port Arthur, TX
Board dismisses late appeal (ECAB 21-0517)
I.M. appealed an OWCP decision dated May 5, 2020 on February 17, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
R.R. and U.S. Postal Service, Bellevue Post Office, Nashville, TN
Board dismisses late appeal (ECAB 21-0514)
R.R. appealed an OWCP decision dated June 4, 2020 on February 17, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
B.W. and U.S. Postal Service, Post Office, Half Moon Bay, CA
Board dismisses late appeal (ECAB 21-0501)
B.W. appealed an OWCP decision dated July 10, 2020 on February 8, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
L.M. and U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Williamsburg, Salters, SC
Board dismisses late appeal (ECAB 21-0465)
L.M. appealed an OWCP decision dated June 16, 2020 on February 2, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
R.M. and U.S. Postal Service, City View Post Office, Fort Worth, TX
Board dismisses late appeal (ECAB 21-0457)
R.M. appealed an OWCP decision dated March 27, 2018 on February 2, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
L.B. and U.S. Postal Service, Post Office, Bellmawr, NJ
Board dismisses late appeal (ECAB 21-0424)
L.B. appealed an OWCP decision dated July 30, 2020 on January 30, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
D.B. and U.S. Postal Service, Post Office, Charlotte, NC
Board dismisses late appeal (ECAB 21-0413)
D.B. appealed an OWCP decision dated April 2, 2020 on January 11, 2021. The Board found that the appeal was filed more than 180 days after that decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying claim.
J.B. and U.S. Postal Service, Post Office, St. Louis, MO
Board grants request to dismiss appeal (ECAB 21-0285)
J.B. appealed a October 1, 2020 OWCP decision through counsel. Counsel later requested dismissal before the Board ruled on the merits. The Board granted the request and dismissed the appeal. It did not decide the underlying benefits issue.
N.R. and Department of Veteran Affairs, Providence VA Medical Center, Providence, RI
Board grants request to dismiss appeal (ECAB 21-0122)
N.R. appealed a September 22, 2020 OWCP decision through counsel. Counsel later requested dismissal before the Board ruled on the merits. The Board granted the request and dismissed the appeal. It did not decide the underlying benefits issue.
M.D. and U.S. Postal Service, Du Quoin Post Office, Du Quoin, IL
Board upholds denial of impairment award (ECAB 20-1459)
M.D., a postal clerk with an accepted carpal tunnel syndrome claim, sought a schedule award for permanent upper extremity impairment. The Board found that OWCP’s district medical adviser properly applied the impairment guide and rated her impairment at zero percent. It affirmed the denial of the…
G.S. and U.S. Postal Service, Berkeley Detached Delivery Unit Post Office, Berkeley, CA
Board grants request to dismiss appeal (ECAB 20-1400)
G.S. appealed an April 2020 OWCP decision through counsel. Before the Board ruled on the merits, counsel requested dismissal of the appeal. The Board granted the request and dismissed the docket. It did not decide the underlying benefits issue.
W.T. and U.S. Postal Service, Post Office, Garden City, NJ
Board upholds retirement offset overpayment recovery (ECAB 20-1218)
W.T. received FECA wage-loss compensation and Social Security age-related retirement benefits without the required offset, creating a $26,319.86 overpayment. The Board found that he was not at fault but did not qualify for waiver. It also upheld OWCP’s recovery plan of deducting $859 every 28 days…
E.G. and U.S. Postal Service, Sand Hills Post Office, Columbia, SC
Board upholds late reconsideration denial (ECAB 20-0974)
E.G. sought reconsideration of an OWCP claim decision after the filing period expired. The Board found that her submission did not demonstrate clear evidence of error, which was required for an untimely request. It affirmed OWCP’s refusal to reopen the merits.
L.C. and U.S. Postal Service, Post Office, San Juan, PR
Board orders impartial review of knee surgery request (ECAB 20-0866)
L.C. sought to add left knee osteoarthritis to an accepted injury claim and obtain authorization for a total knee replacement. His doctors connected the surgery to the accepted injury, while OWCP’s referral physician disagreed. The Board found an unresolved medical conflict over whether the surgery…
W.K. and U.S. Postal Service, Port Hadlock Post Office, Port Hadlock, WA
Board upholds injury claim and late hearing denials (ECAB 20-0765)
W.K., a postal custodian, sought benefits for a condition allegedly caused by a May 2019 work incident. The Board found that the medical evidence did not establish a diagnosed condition causally linked to the accepted incident. It also found that his request for review of the written record was…
F.N. and U.S. Postal Service, Post Office, Staten Island, NY
Board reverses zero-benefit rehabilitation penalty (ECAB 20-0435)
F.N. disputed OWCP’s reduction of compensation to zero for alleged failure to cooperate with vocational rehabilitation. Her psychiatrist attributed difficulty returning to public settings to symptoms of accepted post-traumatic stress disorder. The Board found an unresolved medical conflict over her…
T.M. and U.S. Postal Service, Plano Main Post Office, Plano, TX
Board reverses benefit termination and physician denial (ECAB 20-0401)
T.M. challenged OWCP’s termination of wage-loss benefits and schedule award eligibility after he declined an offered job. He also challenged a refusal to let him change treating physicians. The Board found that OWCP had not met its burden to terminate benefits for refusal of suitable work. It also…
Ceco Concrete Construction, LLC
Formwork violations affirmed with grouped penalty
Ceco Concrete Construction was installing perimeter formwork tables on the 16th floor of a Florida condominium project when a corner table fell from the building and pulled an employee with it, causing his death. The Commission affirmed a design violation because Ceco's procedures accounted for…
Raymond Rowe v. Beech Fork Processing, Incorporated, and Security Insurance Company of Hartford
Rowe v. Beech Fork Processing (BRB 20-0176 and 20-0176 BLA-A): benefits award affirmed
Raymond Rowe received a Black Lung benefits award after a judge found complicated pneumoconiosis, triggering the irrebuttable presumption of total disability due to the disease. Beech Fork Processing challenged the finding because the X-ray readings alone did not establish complicated…
Raymond Rowe v. Beech Fork Processing, Incorporated, and Security Insurance Company of Hartford
Rowe v. Beech Fork Processing (BRB 20-0176 and 20-0176 BLA-A): benefits award affirmed
Raymond Rowe received a Black Lung benefits award after a judge found complicated pneumoconiosis, triggering the irrebuttable presumption of total disability due to the disease. Beech Fork Processing challenged the finding because the X-ray readings alone did not establish complicated…
Ricky L. Newsome v. Director, Office of Workers' Compensation Programs
Newsome v. Director, OWCP (BRB 20-0138): claimant remains responsible for attorney fees
Ricky Newsome received Black Lung benefits from the Trust Fund. His attorney then pointed out that the claim's October 2018 postmark entitled Newsome to one more month of benefits, which the district director promptly granted. The director awarded attorney fees but made Newsome responsible for…
Francis Gentile v. Consolidation Coal Company
Gentile v. Consolidation Coal (BRB 20-0125): benefits award affirmed
Francis Gentile received a Black Lung benefits award after a judge found that coal mine dust had contributed to his disabling obstructive lung disease. His 10.72 years of coal mine work were too few for the statutory 15-year presumption, so he had to prove the disease and its connection to his…
Candita Goode, on behalf of the estate of Bruce E. Goode, v. American Energy, LLC, and Rockwood Casualty Insurance Company
Goode v. American Energy (BRB 20-0021): modified benefits award affirmed
Candita Goode pursued her late husband's Black Lung claim after a judge granted modification of an earlier benefits denial. The parties agreed Bruce Goode had clinical pneumoconiosis and was totally disabled, but disputed whether his disabling chronic obstructive pulmonary disease was also caused…
Ruth Griffith, widow of Charles Griffith, v. Eastern Associated Coal Company and Peabody Energy Corporation
Griffith v. Eastern Associated Coal (BRB 19-0441): survivor award and carrier liability affirmed
Ruth Griffith received survivor benefits after a judge found that her late husband had qualifying coal mine employment and a disabling respiratory impairment, and that the employer had not rebutted the statutory presumption that pneumoconiosis caused his death. Eastern Associated Coal and Peabody…
Kossen v. Empire Airlines
Recusal appeal denied
Darren Kossen asked the Board to review an ALJ's denial of a recusal motion before the underlying AIR21 case was complete. He alleged bias because the ALJ had ruled against him in an earlier case and because the ALJ's son worked for an airline. The Board explained that interlocutory appeals are…
Lancaster v. Norfolk Southern Railway Co.
Hours-of-service objection supports retaliation award
Norfolk Southern locomotive engineer Scotty Lancaster was nearing the federal 12-hour duty limit when his supervisor directed him to write a statement about a train delay. Lancaster initially objected that completing it would put him over his hours, then agreed after consulting his union…
L.W. and U.S. Postal Service, Post Office, Troy, MI
Board dismisses late appeal (ECAB 21-0394)
L.W. appealed an OWCP decision dated December 3, 2019 on January 11, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
L.B. and U.S. Postal Service, Post Office, Oakland, CA
Board dismisses late appeal (ECAB 21-0374)
L.B. appealed an OWCP decision dated June 29, 2020 on January 4, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
E.O. and U.S. Postal Service, Post Office, Fort Lauderdale, FL
Board dismisses late appeal (ECAB 21-0370)
E.O. appealed an OWCP decision dated July 15, 2020 on January 13, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
N.M. and Social Security Administration, Harrisburg, PA
Board dismisses late appeal (ECAB 21-0361)
N.M. appealed an OWCP decision dated June 10, 2020 on January 5, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
J.T. and U.S. Postal Service, Post Office, Charlotte, NC
Board dismisses late appeal (ECAB 21-0352)
J.T. appealed an OWCP decision dated November 26, 2019 on January 4, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
P.T. and U.S. Postal Service, Roberto Clemente Post Office, Chicago, IL
Board dismisses late appeal (ECAB 21-0350)
P.T. appealed an OWCP decision dated January 8, 2020 on January 4, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
L.P. and Department of Homeland Security, Transportation Security Administration, Orlando, FL
Board dismisses late appeal (ECAB 21-0345)
L.P. appealed an OWCP decision dated May 29, 2019 on January 4, 2021. The Board found that the appeal was filed more than 180 days after the decision. It dismissed the appeal for lack of jurisdiction and did not decide the underlying benefits claim.
P.G. and Department of the Navy, Puget Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA
Board orders correct standard for late reconsideration (ECAB 20-0244)
P.G. sought reconsideration of a claim decision more than one year after OWCP’s last merits decision. OWCP denied the request using the standard for timely reconsideration. The Board found that OWCP should have applied the clear-evidence-of-error standard for a late request. It set aside the denial…
V.B. and U.S. Postal Service, Philadelphia Network Distribution Center, Philadelphia, PA
Board orders impartial review of injury expansion (ECAB 19-1745)
V.B., a postal mail handler, sought to add conditions and disability to an accepted injury after a bulk mail container struck her. Her treating physicians and OWCP’s referral physician disagreed about the additional diagnoses and work disability. The Board found that an impartial specialist must…
F.D. and U.S. Postal Service, Mail Processing & Distribution Center, Capital Heights, MD
Board upholds denial of disability recurrence (ECAB 19-1637)
F.D., a postal laborer custodian with accepted plantar fasciitis, sought benefits for a claimed recurrence of disability. The Board found that her treating physician did not adequately explain why the accepted condition prevented modified work. It credited a second-opinion physician’s reasoned view…
A.R. and Department of Veterans Affairs, Fargo VA Health Care System, Fargo, ND
Board orders impartial review of additional injury claims (ECAB 19-1204)
A.R. sought to add conditions, surgery, and related disability to an accepted injury claim after a workplace fall. Her treating physician and an OWCP medical adviser disagreed over whether those conditions and surgery were related to the accepted injury. The Board found a medical conflict requiring…
United States Postal Service
Ceiling-tile housekeeping citation vacated as outside standard's scope
OSHA inspected a Postal Service facility in Dora, Alabama after an employee complained about mold and mildew from water leaking onto ceiling tiles. The compliance officer observed stained and discolored ceiling tiles and insulation, but the record did not establish that mold or mildew was present…
United States Department of the Interior, National Park Service, U.S. Park Police and Fraternal Order of Police, U.S. Park Police Labor Committee
U.S. Park Police and FOP Labor Committee (FLRA 0-AR-5603): Authority denies reconsideration of traffic-fine ruling
The U.S. Park Police began enforcing a memorandum that made officers responsible for traffic and parking fines incurred while using government vehicles, except during emergency responses. An arbitrator ordered the Agency to return to its prior nonenforcement practice and bargain before resuming…
United States Small Business Administration, Birmingham, Alabama and American Federation of Government Employees, Council 228
SBA Birmingham and AFGE Council 228 (FLRA 0-AR-5522): Authority upholds corrected performance rating
The Small Business Administration gave an employee a marginal performance rating and withheld her within-grade pay increase. An arbitrator found that isolated shortcomings did not establish marginal overall performance and that the supervisor had failed to provide the feedback and assistance…
Matter of L-L-P-
Abuser status must exist during abuse
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied special rule cancellation of removal based on alleged spousal abuse. The Board held that the abuser must have been the applicant's lawful spouse and either a United States citizen or lawful permanent resident when…
James T. Wellman v. Buffalo Mining Company
Wellman v. Buffalo Mining (BRB 20-0239): denial remanded for X-ray review
James Wellman's later Black Lung claim was denied after the judge credited only 9.5 years of coal mine work and found no total respiratory disability. That left him short of the usual 15-year presumption. On appeal, Wellman pointed to an X-ray reading that identified a large opacity consistent with…
Elizabeth D. Rose, on behalf of and widow of Joey Rose, v. Paramont Coal Company Virginia, LLC
Rose v. Paramont Coal (BRB 20-0196 and 20-0197): miner and survivor awards affirmed
Elizabeth Rose pursued her late husband's Black Lung claim and her own survivor claim. The judge credited Joey Rose with more than 23 years of underground coal mining and a disabling respiratory impairment, triggering the statutory presumption that his disability was due to pneumoconiosis. Paramont…
Elizabeth D. Rose, on behalf of and widow of Joey Rose, v. Paramont Coal Company Virginia, LLC
Rose v. Paramont Coal (BRB 20-0196 and 20-0197): miner and survivor awards affirmed
Elizabeth Rose pursued her late husband's Black Lung claim and her own survivor claim. The judge credited Joey Rose with more than 23 years of underground coal mining and a disabling respiratory impairment, triggering the statutory presumption that his disability was due to pneumoconiosis. Paramont…
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.