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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L.C. and Department of Homeland Security, Customs & Border Protection, Carrizo Springs, TX
Foot impairment rating returned for impartial review
L.C., a border patrol agent, sought a schedule award for an accepted right heel condition. His physician, OWCP’s medical adviser, and its referral physician reached different impairment ratings. The Board found a medical conflict and set aside OWCP’s September 11, 2019 decision. It ordered an…
T.F. and Department of Justice, Federal Bureau of Investigation, Denver, CO
Respiratory claim returned for specialist opinion
T.F., an FBI agent, claimed respiratory problems, bronchitis, and headaches after exposure to contaminants at work. Her physician gave a reasoned explanation linking the exposures to her diagnosed conditions. The Board found the reports sufficient to require further development, set aside OWCP’s…
C.M. and U.S. Postal Service, Ames Post Office, Omaha, NE
Reconsideration denial upheld in knee claim
C.M., a rural carrier associate, had an accepted left knee sprain after slipping on a driveway while delivering mail. She sought reconsideration after OWCP terminated wage loss benefits. The Board found that her arguments repeated earlier submissions and did not meet a ground for reopening the…
United States Department of Defense, Defense Logistics Agency, Distribution Warner Robins, Warner Robins AFB, Georgia and American Federation of Government Employees, Local 987
Defense Logistics Agency and AFGE Local 987 (FLRA 0-AR-5495): Authority upholds outstanding performance rating
A Defense Logistics Agency employee received an outstanding rating for one performance element and a fully successful rating for work output. An arbitrator found that the rating official's narrative and the employee's inventory-loss savings showed outstanding work on the disputed element, and she…
Secretary of Labor v. Prospect Mining and Development Company, Inc.
Reopening request withdrawn and case dismissed
Prospect Mining asked the Commission to reopen the case in August 2019. The company later told the Commission that it no longer wished to pursue reopening. Because the request was abandoned, the Commission did not decide whether relief from the existing order was warranted. It dismissed the case.
Wong v. Sumitomo Mitsui Banking
Corp. (DOL ARB 2018-0073): accounting concerns not protected under Sarbanes-Oxley
Bank support employee Siu-Chun Wong alleged retaliation after raising concerns about ledger adjustments, reimbursement records, a loan transaction, and a moved report. The Board held that substantial evidence supported the ALJ's finding that Wong did not subjectively and reasonably believe at the…
E.D. and U.S. Postal Service, Ozone Park Annex, Jamaica, NY
Bilateral wrist claim returned for combined file review
E.D., a postal carrier with an accepted left wrist injury, claimed that repeated work and compensating with her right hand caused right wrist problems. OWCP denied the newer claim without combining its file with the earlier accepted wrist claim. The Board set aside OWCP’s January 29, 2020 decision…
C.C. and U.S. Postal Service, Post Office, Pahrump, NV
Skin cancer claim returned for medical development
C.C., a rural carrier, claimed that outdoor work and sun exposure caused basal cell carcinoma. Her physician diagnosed the condition and described a connection with her work exposure. The Board found the reports sufficient to require further medical development, set aside OWCP’s February 3, 2020…
L.N. and Department of the Navy, Charleston Naval Shipyard, Charleston, SC
Late reconsideration denial upheld
L.N., a Navy equipment cleaner with accepted injuries from a workplace head impact, sought reconsideration of a later OWCP decision. OWCP received the request more than a year after the last merit decision. The Board found the request untimely and insufficient to demonstrate clear evidence of…
A.S. and Department of Homeland Security, Transportation Security Agency, JFK International Airport, Jamaica, NY
Back condition claim denied for insufficient causal medical proof
A.S., an airport security officer, reported back symptoms after a luggage cart struck her at work on November 23, 2017. OWCP accepted the incident, but medical reports did not adequately explain how it caused or aggravated the claimed lumbar conditions. The Board affirmed OWCP’s June 6, 2019 denial.
L.W. and U.S. Postal Service, Main Post Office Federal Square, Newark, NJ
Retirement benefit overpayment and waiver denial upheld
L.W. received FECA wage loss compensation and Social Security age-related retirement benefits without the required offset. The Board upheld OWCP’s finding of a $37,732.20 overpayment for September 1, 2008 through March 30, 2019, although she was without fault. It also upheld OWCP’s denial of waiver…
G.E. and U.S. Postal Service, Frederick Post Office, Frederick, MD
Compensation suspension upheld after missed examination
G.E., a rural carrier associate with accepted wrist and arm conditions, was directed to attend a medical test needed for further evaluation. She did not attend the scheduled appointment. The Board found that OWCP properly suspended her compensation effective September 15, 2019 under the examination…
T.R. and U.S. Postal Service, Fort Mill Post Office, Fort Mill, SC
Disability recurrence returned for work assignment and medical review
T.R., a rural carrier, claimed total disability from October 13 through 31, 2018 after an accepted injury in a vehicle collision. She said her limited duty assignment had been withdrawn, and a physician’s report supported a connection between her condition and the claimed disability. The Board set…
J.W. and U.S. Postal Service, Dearborn Post Office, Chicago, IL
Schedule award offset returned for calculation
J.W., a letter carrier, did not challenge the impairment rating in her schedule award. She challenged OWCP’s deduction of a $12,176.37 prior overpayment, saying that she had already repaid part of it. The Board found evidence of repayment and no adequate explanation of the full offset. It affirmed…
T.T. and Department of Agriculture, Food Safety & Inspection Service, Kinston, NC
Consequential condition and reconsideration denials upheld
T.T., a food inspector with accepted upper extremity conditions, claimed that renal failure and post-traumatic stress disorder resulted from those conditions. The Board found that the medical evidence did not establish the claimed consequential link. It also found no basis requiring OWCP to reopen…
Secretary of Labor v. Rockwell Mining, LLC
Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its contest procedure. It sought…
Secretary of Labor v. Victory Rock Texas, LLC
Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
Connie Carr v. Earl Industries, LLC and Signal Mutual Indemnity Association, Limited
Connie Carr v. Earl Industries (BRB 20-0281): Longshore attorney fee order vacated for explanation
Connie Carr challenged a district director’s attorney fee award related to her Longshore compensation claim. Her lawyer sought approval of a signed agreement for a $5,122.14 fee payable by Carr, but the district director awarded $1,000 without explaining why. The Board held that the unexplained…
J. C. Maiden v. New Harlan Block Coal Company, Incorporated and Old Republic Insurance Company
J. C. Maiden v. New Harlan Block Coal Company (BRB 19-0554 BLA): black lung benefits award affirmed
J. C. Maiden received black lung benefits after a judge found total disability due to legal pneumoconiosis. His employer challenged the judge’s authority to hear the case and the evaluation of the medical opinions. The Board rejected the appointment challenge and upheld the judge’s finding that…
Claude L. McConnell v. Nine Mile Mining, Incorporated and New Hampshire Insurance/AIG
Claude L. McConnell v. Nine Mile Mining (BRB 19-0533 BLA): black lung denial remanded for a complete pulmonary evaluation
Claude McConnell appealed the denial of his black lung claim without counsel. He had more than sixteen years of underground mine work, but the judge found that he had not proved total disability. The Director conceded that the Department of Labor had not supplied the complete pulmonary evaluation…
Glen M. Childers v. North Star Mining, Incorporated and National Union Fire/Chartis
Glen M. Childers v. North Star Mining (BRB 18-0517 BLA): black lung reconsideration motion denied
An employer timely asked the Board to reconsider its September 2019 decision in Glen Childers’s black lung case. No member of the panel voted to vacate or modify that decision. The Board denied the motion. The order does not describe the underlying benefits result.
Delma Ratliff, widow of and on behalf of the estate of James Ratliff, v. T & W Coal Company, Incorporated and Old Republic Insurance Company
Delma Ratliff, widow of and on behalf of the estate of James Ratliff, v. T & W Coal Company (BRB 18-0506 BLA): reconsideration denied in two black lung dockets
Delma Ratliff appeared as widow and representative of James Ratliff’s estate in two related black lung appeals. The employer and carrier timely sought reconsideration of the Board’s August 2019 decision. No panel member voted to vacate or modify that decision. The Board denied the motion in both…
Delma Ratliff, widow of and on behalf of the estate of James Ratliff, v. T & W Coal Company, Incorporated and Old Republic Insurance Company
Delma Ratliff, widow of and on behalf of the estate of James Ratliff, v. T & W Coal Company (BRB 18-0506 BLA): reconsideration denied in two black lung dockets
Delma Ratliff appeared as widow and representative of James Ratliff’s estate in two related black lung appeals. The employer and carrier timely sought reconsideration of the Board’s August 2019 decision. No panel member voted to vacate or modify that decision. The Board denied the motion in both…
Ronald Lawson v. Unicorn Mining, Incorporated and Birmingham Fire Insurance Company
Ronald Lawson v. Unicorn Mining (BRB 18-0414 BLA): reconsideration motion denied
Ronald Lawson’s employer and carrier sought reconsideration of a July 2019 Board decision in his black lung case. Their motion was timely. No panel member voted to vacate or modify the earlier decision, so the Board denied reconsideration. This short order does not restate the earlier decision’s…
J.H. and Department of the Interior, National Park Service, Cuyahoga Valley National Park, Brecksville, OH
Wage loss suspension upheld for missing disclosure form
J.H., a National Park Service worker with an accepted injury, received wage loss compensation. OWCP sent him an EN1032 disclosure form and warned that benefits would stop if he did not return it within 30 days. The Board found that he did not complete the requested form and affirmed the suspension…
M.G. and U.S. Postal Service, Stockyard Post Office, Chicago, IL
Compensation forfeiture period narrowed
M.G., a postal carrier with an accepted foot fracture, failed to report employment activities and earnings while receiving wage loss compensation. The Board upheld forfeiture for June 11, 2016 through January 20, 2017. It found that OWCP had wrongly extended forfeiture back to May 26, 2016 and…
W.H. and Department of the Treasury, Bureau of Engraving & Printing, Fort Worth, TX
Clear error found in late reconsideration denial
W.H., a plate printer, claimed lower back pain after cleaning a floor at work. His reconsideration request was late, but he had submitted a detailed account of the work event and OWCP relied on an alleged medical statement absent from the record. The Board found clear evidence of error, reversed…
R.P. and U.S. Postal Service, Post Office, Manorville, NY
Arm injury claim denied for insufficient medical explanation
R.P., a rural carrier, felt pain in his left upper arm while reaching for a scanner at work on January 25, 2018. OWCP accepted the incident but denied the claimed condition. The Board found that the medical reports did not adequately explain how the incident caused a diagnosed arm injury. It…
H.M. and General Services Administration, Chief Finance Office, Kansas City, MO
Occupational disease claim denied as untimely
H.M., a former GSA accounting technician, claimed leukemia from workplace chemical exposure. She said she knew of the claimed work connection by November 3, 2014 but did not file her claim until May 15, 2018. The Board found the claim outside FECA’s filing period and affirmed OWCP’s June 14, 2019…
S.B. and U.S. Postal Service, Shelby Township Post Office, Shelby Township, MI
Knee condition claim returned for medical development
S.B., a letter carrier, attributed a left knee condition to repeated walking, stair climbing, and other postal duties. A physician explained how those duties could aggravate underlying arthritis. The Board majority found the unopposed report sufficient to require further medical development, set…
A.B. and U.S. Postal Service, Post Office, Phoenix, AZ
Spinal claim returned for qualified impartial examiner
A.B., a postal carrier, sought to add aggravated spinal degeneration to an accepted injury claim after a fall during his route. OWCP’s impartial examiner questioned his own qualifications to assess the complex spine issue. The Board declined to give his opinion controlling weight, set aside OWCP’s…
Midwest Equipment Company
Four crane assembly violations affirmed
Midwest Equipment assembled a mobile crane for a cell-tower project when a 3,400-pound jib fell and seriously injured a crew member. The judge found that attaching the jib was crane assembly, not an uncovered setup activity. Midwest failed to follow the manufacturer's procedures by omitting a…
A.M. and Department of Homeland Security, Transportation Security Administration, Orlando, FL
Shoulder injury claim returned for specialist review
A.M., an airport baggage screener, claimed a left shoulder condition after lifting a bag at work on April 27, 2015. The Board majority found that a later physician’s causation opinion warranted further medical development, despite an earlier appeal finding the record insufficient. It set aside…
Leckner v. General Dynamics Information
Technology, Inc. (DOL ARB 2020-0028): software-project retaliation claims dismissed
Software developer Erik Leckner worked through Apex Systems on an EPA portal project run by General Dynamics Information Technology's predecessor. He alleged retaliation after raising concerns about source-code access, cybersecurity risk, project transition, and waste of federal funds. The Board…
R.J. and U.S. Postal Service, Post Office, Charlotte, NC
Hand condition claim returned for medical development
R.J., a mail carrier, felt a pop and swelling in her left hand while lifting a bag of fertilizer at work on April 9, 2018. Her physicians diagnosed a hand and wrist condition and discussed a work connection. The Board found the reports sufficient to require further medical development, set aside…
C.M. and U.S. Postal Service, Post Office, Richlands, VA
Overpayment fact upheld; amount returned for calculation
C.M. received total disability compensation after returning to part-time postal work. The Board agreed that an overpayment occurred but found that OWCP had not documented actual earnings or adequately explained its $186,927.89 calculation. It affirmed the existence of an overpayment, set aside the…
S.Z. and Department of Homeland Security, Customs & Border Protection, San Diego, CA
Eye injury claim denied for missing incident details
S.Z., a supervisory border patrol agent, reported right eye pain and vision loss while exercising at a station gym during approved fitness time. The Board found that he had not adequately described a specific event that caused an injury and had not answered OWCP’s request for clarification. It…
S.J. and Department of Veterans Affairs, Jesse Brown Medical Center, Chicago, IL
Fall injury claim returned for medical development
S.J., a VA sales clerk, claimed neck, back, and other conditions after slipping on a kitchen floor at work on April 20, 2016. A physician explained how the fall could have caused or aggravated spinal conditions. The Board majority found that report sufficient to require further medical development…
J.O. and Department of Commerce, Census Bureau, Philadelphia, PA
Wage loss termination and later disability denial upheld
J.O., a Census Bureau technician, had an accepted cervical injury after a workplace flagpole struck him. OWCP terminated wage loss compensation effective September 21, 2014. The Board found the medical evidence supported termination and did not establish continuing work-related disability after…
M.B. and U.S. Postal Service, Post Office, Fort Worth, TX
Knee injury claim returned for medical development
M.B., a rural carrier associate, reported a right knee condition after walking back to his postal truck on December 29, 2017. His physician diagnosed a meniscus tear and knee sprain and connected them to the work incident. The Board found the medical reports sufficient to require further…
American Federation of Government Employees, Local 2076 and United States Department of Homeland Security, U.S. Citizenship and Immigration Services
AFGE Local 2076 and U.S. Citizenship and Immigration Services (FLRA 0-AR-5372): Authority upholds denial of attorney fees
U.S. Citizenship and Immigration Services suspended an employee for fourteen days after finding that she worked off the clock without authorization. An arbitrator sustained the charge but reduced the suspension to five days, and a later arbitrator denied the union's request for attorney fees. The…
Secretary of Labor v. Consol Pennsylvania Coal Co., LLC
Hoist-rope safeguards and citations vacated
Consol Pennsylvania Coal operated the Bailey Mine, where MSHA issued safeguards concerning wear and damage to a slope hoist rope and materials along the slope track. Judge John Kent Lewis found that the hoist-rope hazard was already addressed by mandatory wire-rope standards, making one safeguard…
Mary June Boren, on behalf of Burl R. Boren, v. Consolidation Coal Company
Boren v. Consolidation Coal (BRB 20-0037 BLA): black lung denial remanded for medical opinion review
Mary June Boren pursued her late husband’s black lung claim. The judge found twenty years of qualifying surface coal mine work but denied benefits because he found no total respiratory disability. The Board held that the judge had misunderstood one doctor’s opinion about why the miner was disabled…
Carolyn L. Galiczynski, on behalf of and widow of Edward Galiczynski, v. Tanoma Mining Company, Incorporated and American Mining Insurance Company
Galiczynski v. Tanoma Mining (BRB 20-0003 BLA): miner and survivor awards upheld; operator liability remanded
Carolyn Galiczynski pursued her late husband’s black lung claim and a survivor’s claim. The judge awarded both, and the Board upheld the benefits findings, including the miner’s entitlement and the resulting survivor award. The Board found that the judge had not explained why Tanoma Mining was the…
Garry Watts v. Frasure Creek Mining, LLC and Kentucky Employers Mutual Insurance
Watts v. Frasure Creek Mining (BRB 20-0008 BLA): black lung award and benefit start date affirmed
Garry Watts received black lung benefits after a judge credited twenty-eight years of substantially similar surface mine work and found total respiratory disability. The employer challenged the qualifying work finding, disability finding, rebuttal of the fifteen-year presumption, and benefit…
Carolyn L. Galiczynski, on behalf of and widow of Edward Galiczynski, v. Tanoma Mining Company, Incorporated and American Mining Insurance Company
Galiczynski v. Tanoma Mining (BRB 20-0003 BLA): miner and survivor awards upheld; operator liability remanded
Carolyn Galiczynski pursued her late husband’s black lung claim and a survivor’s claim. The judge awarded both, and the Board upheld the benefits findings, including the miner’s entitlement and the resulting survivor award. The Board found that the judge had not explained why Tanoma Mining was the…
Luellin Wagner v. Jim Walter Resources, Incorporated
Wagner v. Jim Walter Resources (BRB 19-0544 BLA): black lung award in second subsequent claim affirmed
Luellin Wagner filed a second subsequent claim for black lung benefits. The judge found at least seventeen years of underground mine work and a totally disabling respiratory impairment, establishing a change in an entitlement condition and invoking the fifteen-year presumption. The employer…
Paul H. Bailey v. Bailey Mining Company and Old Republic Insurance Company
Bailey v. Bailey Mining (BRB 19-0543 BLA): black lung award after remand affirmed
Paul Bailey’s subsequent black lung claim returned to a judge after an earlier Board remand. On remand, the judge awarded benefits, and the employer and carrier appealed. The Board upheld the judge’s findings supporting entitlement and rejected the challenges to the award. The benefits award…
Jeffery W. Meade v. Clinchfield Coal Company and Pittston Company
Meade v. Clinchfield Coal (BRB 19-0536 BLA): black lung denial for lack of total disability affirmed
Jeffery Meade appealed his black lung denial without counsel. The judge credited nearly sixteen years of qualifying coal mine work, but found that Meade had not established total respiratory disability. The Board reviewed the pulmonary studies and medical opinions and held that the judge’s findings…
Ena Morris, executrix of the estate of Buddie Ray Morris, II, v. Green River Coal Company and Security Insurance Company of Hartford
Morris v. Green River Coal (BRB 19-0506 BLA): miner black lung award affirmed
Ena Morris represented the estate of Buddie Ray Morris in his black lung case. The judge found at least fifteen years of underground mine work and total respiratory disability, then awarded benefits under the fifteen-year presumption. The employer and carrier disputed the work history and argued…
David A. Lusk v. Jude Energy, Incorporated and West Virginia Coal Workers’ Pneumoconiosis Fund
Lusk v. Jude Energy (BRB 19-0505 BLA): black lung award in subsequent claim affirmed
David Lusk filed a new black lung claim after an earlier denial. The judge credited more than twenty-one years of underground mine work and found total respiratory disability. She found that the new evidence changed a prior condition of entitlement, invoked the fifteen-year presumption, and awarded…
Ronnie H. Woodard v. Powell Mountain Coal Company, Incorporated
Woodard v. Powell Mountain Coal (BRB 19-0491 BLA): black lung benefits award affirmed
Ronnie Woodard received black lung benefits after a judge found more than fifteen years of underground mine work and total respiratory disability. That combination invoked the fifteen-year presumption. The employer argued that its medical evidence rebutted the presumption. The Board upheld the…
Betty Carol Clepper, widow of Paul Tilman Clepper, v. A & S Coal Company, Incorporated
Clepper v. A & S Coal (BRB 19-0476 BLA): survivor benefits modification affirmed
Betty Clepper sought survivor benefits after her husband’s coal mine work. An earlier judge denied the claim, but on modification a judge found twenty years of substantially similar surface mine work and invoked the fifteen-year presumption of death due to pneumoconiosis. The employer challenged…
Alva A. Mullens v. Island Creek Coal Company and Consol Energy, Incorporated
Mullens v. Island Creek Coal (BRB 18-0568 BLA): motion to reconsider prior Board order denied
Alva Mullens’s widow, acting without a lawyer, sought reconsideration of a Board order that had denied an earlier reconsideration request in his black lung case. Her new motion was timely. No panel member voted to change the previous order, so the Board denied the motion. This short order does not…
Del Signore v. Nokia
Administrative case dismissed after removal to district court
The Board ordered the parties to explain why Kenneth Del Signore's case should not be dismissed after he removed the matter to federal district court, which ended the Board's jurisdiction. The order gave the parties 28 days and warned that the complaint would otherwise be dismissed without further…
B.H. and Department of Veterans Affairs, Louis Stokes VA Medical Center, Cleveland, OH
Knee injury and late hearing denial upheld
B.H., a VA custodian, reported a right knee injury after bending to retrieve trash under a desk. The Board found that the medical reports did not adequately connect a diagnosed knee condition to the March 27, 2019 work incident. It also found that his request for an oral hearing came more than 30…
R.M. and U.S. Postal Service, Post Office, Chicago, IL
Timely reconsideration request returned for review
R.M., a postal worker injured in two vehicle collisions at work, sought to add cervical and lumbar conditions to her accepted claims. OWCP rejected her December 2019 reconsideration request as late, measuring the one year period from its July 2018 decision. The Board held that its own August 23…
M.L. and Department of Justice, Federal Correctional Institution Petersburg, Petersburg, VA
Back injury and late written review denials upheld
M.L., a federal correctional cook supervisor, felt a pull in his upper back while lifting a 50-pound bag of oatmeal. The Board found that his medical evidence did not establish a diagnosed condition caused by the accepted December 5, 2018 incident. His request for review of the written record came…
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.