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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LaQuey v. UnitedHealth Group, Inc.
Software-process concerns not protected under Sarbanes-Oxley
UnitedHealth senior IT analyst Michael LaQuey alleged retaliation after he advocated stronger process management for one software project and warned against putting untested code into another. The Board held that he did not show a subjective and objectively reasonable belief that either concern…
E.W. and Department of Veterans Affairs, Royal C. Johnson Veterans Memorial Hospital, Sioux Falls, SD
Thumb condition expansion denial upheld
E.W., a VA nurse, had an accepted injury claim after a workplace vehicle collision. She asked OWCP to add left thumb flexor and extensor tendon conditions. The Board found that the medical reports did not adequately explain how the accepted January 8, 2019 accident caused those additional…
M.A. and U.S. Postal Service, Detroit Processing & Distribution Center, Detroit, MI
Compensation suspension for caregiver presence reversed
M.A., a postal worker, attended an OWCP medical examination with a caregiver who helped her answer questions and move from a wheelchair to the examination table. OWCP suspended her compensation, treating the caregiver’s presence as obstruction. The Board found that her physical and cognitive needs…
G.B. and Department of the Interior, U.S. Park Police, Washington, DC
Schedule award record ordered reconstructed
G.B., a Park Police investigator, sought a schedule award for impairment after an accepted Achilles tendon injury. OWCP denied the award based on a referral physician’s rating. The Board found that the file sent for review lacked the referral materials and medical records the physician said he had…
K.W. and U.S. Postal Service, Broadway Station Post Office, Astoria, NY
Therapy authorization denial upheld
K.W., a postal clerk with accepted head and neck injuries from a workplace accident, requested continued physical therapy and acupuncture. The Board found that the medical evidence did not establish that those treatments were necessary for the accepted conditions after February 2, 2019. It held…
G.R. and Department of the Army, Chemical Munitions Command, Blue Grass Army Depot, Richmond, KY
Exposure claim reconsideration returned for review
G.R., a toxic material handler, claimed pulmonary problems after a possible workplace exposure to mustard agent vapors. OWCP denied his occupational disease claim and later refused to reconsider it. The Board found that OWCP had not addressed a factual statement submitted with the reconsideration…
R.H. and Department of Homeland Security, Federal Air Marshal Service, Chelsea, MA
Knee benefits termination reversed
R.H., a federal air marshal, received wage loss compensation for accepted bilateral knee injuries. OWCP ended his wage-loss compensation effective January 25, 2019 based on a referral physician’s opinion. The Board found that the physician had not reviewed an operative report already in the record…
J.D. and Department of the Army, Anniston Army Depot, Anniston, AL
Related upper extremity files ordered combined
J.D., an Army Depot materials handler, sought wage loss compensation associated with an accepted left arm condition. Other accepted claims involved both arms, and he sought benefits for overlapping periods under separate files. The Board found that OWCP needed the medical and factual evidence from…
J.V. and Department of the Air Force, Joint Base Elmendorf-Richardson, Anchorage, AK
Reconsideration denial upheld
J.V., an Air Force human resources specialist, claimed an injury after a disputed workplace incident involving a meeting with supervisors. OWCP had denied the underlying claim. On reconsideration, she repeated her earlier account without supplying new and relevant evidence or a new legal argument…
Matter of Bernardita Maria VOSS
Matter of Voss (BIA ID 3997): a conviction previously resolved through cancellation cannot alone support a later removability charge
The Board reviewed a Costa Rican lawful permanent resident’s appeal after an Immigration Judge found her removable based on a controlled-substance conviction and ordered removal. The Board held that when a conviction was charged as a ground of removability or was known to the Immigration Judge when…
D.T. and U.S. Postal Service, Milwaukee Priority Annex Post Office, Oak Creek, WI
Trigger finger injury denial upheld
D.T., a postal mail handler, reported a left middle finger condition after making a fist at work. The Board accepted the August 16, 2019 incident but found that the medical evidence did not adequately connect the diagnosed trigger finger to it. It affirmed OWCP’s October 8, 2019 injury denial.
O.C., Jr. and U.S. Postal Service, Burbank Post Office, Burbank, CA
Hand condition disability recurrence denied
O.C., Jr., a postal letter carrier with accepted hand and wrist conditions, sought wage loss compensation for a claimed recurrence of disability from December 8, 2018 through January 30, 2019. The Board found that his medical evidence did not adequately establish disability during that period…
D.S. and Department of Defense, Defense Commissary Agency, McGuire Air Force Base, NJ
Knee injury claim denial upheld
D.S., a commissary meat cutter, reported left knee pain after his knee popped while walking at work. The Board accepted that the February 3, 2017 incident occurred but found that the medical evidence did not adequately link his left knee conditions to it. It affirmed OWCP’s October 1, 2019 injury…
A.T. and U.S. Postal Service, Queens Vehicle Plant Facility, Jamaica, NY
Termination of knee benefits upheld
A.T., a postal auto technician, received wage loss compensation and medical benefits after an accepted workplace knee injury. The Board found that OWCP had shown his accepted injury residuals and disability had ended by December 7, 2018. It also found that his later medical reports did not…
K.L. and U.S. Postal Service, Wellesley Square Post Office, Wellesley, MA
Hip and knee disease claim returned for impartial review
K.L., a letter carrier, attributed bilateral hip and knee osteoarthritis to years of walking, stairs, deliveries, and lifting. His physician connected those duties to joint deterioration, while an OWCP physician disagreed. The Board found an unresolved conflict in medical opinion. It set aside…
D.R., widow of G.R., and Department of the Interior, Bureau of Reclamation Missouri Basin Region, Billings, MT
Life insurance premium overpayment reversed
D.R., widow of a former Bureau of Reclamation employee, challenged an overpayment assessed against his compensation after his death. OWCP said it had failed to deduct $24,634.57 in life insurance premiums over many years. The Board found that the record did not establish that the employee had…
L.L. and U.S. Postal Service, Westport Post Office, Westport, CT
Knee disease claim returned for medical development
L.L., a postal letter carrier, attributed bilateral knee osteoarthritis to years of physical delivery duties. An OWCP regional director had directed further medical development, but OWCP denied the claim without obtaining it. The Board held that OWCP needed a specialist’s opinion on whether the…
Secretary of Labor v. Rockwell Mining, LLC
Vacation backlog excused
Rockwell Mining sought to reopen two penalty assessments after its safety manager returned from vacation to a work backlog. He forwarded the contest forms during the first week of November, but MSHA received them six days after the assessments became final. The Secretary did not oppose reopening…
Brown v. Norfolk Southern Railway Co.
Employee withdraws appeal
An ALJ denied Justin Brown's complaint against Norfolk Southern Railway on August 31, 2020. Brown's counsel later told the Board that Brown no longer wished to pursue an appeal and asked that it be dismissed. The Board granted that request and dismissed the case without reviewing the merits.
R.S. and Tennessee Valley Authority, Coal & Gas Operations, Paradise, Drakesboro, KY
Dust exposure established; pulmonary claim remanded
R.S., a Tennessee Valley Authority scrubber operator, claimed pulmonary conditions from years of workplace exposure to dusts and asbestos. OWCP denied the claim after finding the alleged exposures unproved. The Board found that the exposure did occur as alleged and directed OWCP to assess the…
A.Z. and Department of Veterans Affairs, Bay Pines VA Medical Center, St. Petersburg, FL
Respiratory claim returned for medical development
A.Z., a VA staff psychologist, attributed respiratory conditions to conditions in her work building, including mold exposure. Her physicians described the workplace environment and explained possible connections to her asthma and other symptoms. The Board found their opinions sufficient to require…
C.H. and U.S. Postal Service, Orange Park Main Post Office, Orange Park, FL
Consequential shoulder condition denial upheld
C.H., a postal letter carrier, had an accepted right shoulder injury and sought to add a left shoulder condition that she attributed to compensating for the injured side. The Board found that the medical reports did not adequately explain how the accepted injury caused or aggravated the left…
L.H. and Department of the Interior, Bureau of Indian Affairs, Turtle Mountain Agency, Belcourt, ND
Retirement overpayment and recovery upheld
L.H., a Bureau of Indian Affairs employee, received FECA wage loss compensation and Social Security retirement benefits attributable to federal service without an appropriate offset. The Board upheld a $49,154.50 overpayment for April 2013 through August 2019. Although he was without fault, it…
M.S. and Department of the Navy, Commander Naval Installations Command, San Diego, CA
Emotional condition claim denial upheld
M.S., a Navy equal employment opportunity specialist, attributed stress and anxiety to workplace assignments and alleged harassment and disparate treatment. The Board found that the record did not establish a compensable work factor under FECA, including adequate corroboration of the alleged…
Electrolux Home Products, Inc., Charlotte, North Carolina
In re Electrolux Home Products, Inc. (EAB FIFRA Appeal No. 20-01C): $6,991,400 penalty imposed under settlement
Electrolux Home Products, Inc. imported about 420,000 dehumidifiers and air conditioners containing nanosilver filters that were marketed with antibacterial or antimicrobial claims. The order states that the products were pesticides under FIFRA, required EPA registration before importation, and…
M.B. and U.S. Postal Service, Blythebourne Post Office, Brooklyn, NY
Hip and back claim returned for medical development
M.B., a postal clerk, reported hip and buttock pain associated with sorting and lifting parcels at work. A physician connected his diagnosed hip bursitis to repeated lifting and described his work duties and examination findings. The Board found that the opinion did not yet establish the claim but…
P.R. and U.S. Postal Service, Post Office, Plainfield, IN
Knee disability recurrence denial upheld
P.R., a rural mail carrier, sought compensation for a claimed recurrence of disability beginning December 21, 2017 after an accepted knee sprain. The Board found that her medical reports did not adequately connect the later disability to that accepted injury; one physician attributed disability to…
T.S. and U.S. Postal Service, Bay Valley District Post Office, Oakland, CA
Reported fall injury denial upheld
T.S., a postal motor vehicle operator, reported injuries after allegedly falling from his truck at work. He gave inconsistent dates for the incident, July 6 and July 13, 2019, and the Board found that the record did not establish a consistent account of what happened. It affirmed OWCP’s September…
J.M., Jr., son of J.M., and Department of Energy, Idaho National Laboratory, Idaho Falls, ID
Survivor claim untimely under earlier FECA rule
J.M., Jr. sought survivor benefits decades after his father, a federal firefighter, died following claimed radiation exposure at an Idaho reactor accident. OWCP denied the claim as untimely but used the filing rule enacted in 1974. The Board applied the earlier rule governing a 1963 death and found…
Nieman v. Southeastern Grocers, LLC
H-1B retaliation claim fails for lack of employer knowledge
Southeastern Grocers claims manager Jason Nieman secretly complained to the Labor Department about the company's H-1B employment practices and asked the agency to keep his identity confidential. The company began considering his termination on June 23, 2017, before Nieman identified himself as the…
S.R. and U.S. Postal Service, Post Office, Los Angeles, CA
Late request upheld; error review remanded
S.R., a former postal mail processing clerk with accepted wrist conditions, sought reconsideration of an OWCP decision. The Board agreed that her request was filed more than one year after the last merit decision. It found, however, that OWCP had failed to address several medical reports relevant…
NDC Construction Company
General contractor liable for subcontractor fall hazards
NDC Construction managed a large apartment project where framing and siding subcontractor employees worked on roofs and third-story balconies without fall protection. OSHA cited four instances involving falls ranging from more than six feet to more than 30 feet. The judge found NDC was a…
United States Department of the Treasury, Internal Revenue Service, Kansas City, Missouri and National Treasury Employees Union, Chapter 66
IRS Kansas City and NTEU Chapter 66 (FLRA 0-AR-5586): Authority modifies hazardous-mail award
IRS mailroom employees experienced disorientation, nausea, burning eyes, and dizziness after an envelope was opened, and several were taken to a hospital while a hazmat team investigated. An arbitrator found that employees reasonably believed they faced an imminent serious health risk and ordered…
United States Department of Veterans Affairs, James J. Peters VA Medical Center, Bronx, New York and American Federation of Government Employees, Local 1168
James J. Peters VA Medical Center and AFGE Local 1168 (FLRA 0-AR-5486): Authority upholds medical-waste safety award
Housekeepers and laborers at the James J. Peters VA Medical Center handled general and regulated medical waste. An arbitrator found that the facility failed to provide required protective equipment and training and ordered corrective measures plus a four percent environmental pay differential until…
United States Small Business Administration and American Federation of Government Employees, Local 2959
Small Business Administration and AFGE Local 2959 (FLRA 0-AR-5430): Authority vacates promotion award
An AFGE grievance alleged that a GS-12 Small Business Administration employee performed GS-13 and GS-14 duties without proper compensation. An arbitrator found the dispute arbitrable under the agreement's temporary-promotion provision and awarded a seven-year temporary promotion with back pay plus…
Secretary of Labor v. Bee B&B, LLC
, et al. (FMSHRC VA 2018-0142, KENT 2018-0276, KENT 2018-0327, KENT 2018-0334): Reopening conditioned on representation proof
A Blackjewel representative filed motions to reopen four defaulted penalty cases involving Bee B&B, Reliant Contracting, and Pasco Services. The filings did not explain his relationship to those operators or establish his authority to represent them. The Secretary did not oppose reopening, and the…
Secretary of Labor v. Blackjewel, LLC
Employee departure excused
Blackjewel sought to reopen a group of penalty cases that defaulted after it failed to answer penalty petitions and show-cause orders. The company said the failures occurred after an employee abruptly left. Its representative learned of the defaults while working on a broader settlement and filed…
M.D. and U.S. Postal Service, Duluth Post Office, Duluth, MN
Knee injury and surgery review remanded
M.D., a city carrier assistant, claimed a left knee injury from slipping on ice while returning to her work building after parking her work vehicle. OWCP sought a district medical adviser’s review but did not obtain an adequate opinion on causation or whether proposed knee surgery was necessary…
L.T. and U.S. Postal Service, Post Office, Los Angeles, CA
Vertigo expansion and disability denials upheld
L.T., a postal worker, sought to add benign paroxysmal positional vertigo to an accepted injury claim and sought total disability compensation beginning May 6, 2016. The Board found that the medical evidence did not adequately connect vertigo or the claimed disability to the accepted August 11…
O.A. and U.S. Postal Service, Ansonia Station, New York, NY
Related knee claim files ordered combined
O.A., a postal city carrier, sought wage loss compensation after an accepted elevator incident injured her knees. She had several earlier accepted claims involving the same knees. The Board found that OWCP needed to combine the related files before deciding whether her later disability was…
J.B., representative of the estate of J.B., and U.S. Postal Service, Post Office, Stratford, NJ
Additional leg schedule award denied
The representative of a deceased postal worker’s estate sought a larger schedule award for the worker’s left leg impairment. The Board gave weight to an impartial physician’s reasoned impairment rating and found that the evidence did not establish more than the three percent already awarded. It…
C.R. and U.S. Postal Service, Post Office, Birmingham, AL
Ankle medical benefits termination reversed
C.R., a postal worker, received medical benefits for an accepted right ankle injury. OWCP ended those benefits effective June 26, 2018 based on a referral physician’s opinion that the injury had resolved. The Board found an unresolved conflict with her treating physician, who reported continuing…
Z.S. and Department of Homeland Security, Customs & Border Patrol, Rosemont, IL
Knee injury claim denial upheld
Z.S., a Customs and Border Patrol worker, reported a right knee condition after an accepted workplace incident. The Board found that the medical evidence did not adequately connect the diagnosed knee condition to the November 27, 2017 incident. It affirmed OWCP’s February 28, 2019 denial of the…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Ashland, Kentucky and American Federation of Government Employees, Local 1286, Council of Prison Locals
Federal Correctional Institution Ashland and AFGE Local 1286 (FLRA 0-AR-5579): Authority upholds lunch-break grievance
AFGE Local 1286 alleged that employees at the federal prison in Ashland worked through contractually required half-hour duty-free lunches without proper compensation. An arbitrator found that the warden was responsible for the scheduling decision and that the union properly filed its grievance with…
Secretary of Labor v. Stony Creek Quarry Corp.
Unopposed reopening granted
Stony Creek Quarry asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the request. The short release does not state why the company missed the contest deadline or identify any cited safety standard. The Commission reopened the matter…
Secretary of Labor v. Teck Alaska, Inc.
Remote-delivery mistake excused
Teck Alaska sought to reopen a penalty assessment that became final before it reached the mine site. With the employee who normally routed assessments on leave, a summer intern placed the unopened envelope in a cargo basket. Regional weather and limited flights delayed delivery to the remote mine…
Arizona Public Service Co.
In re Arizona Public Service Co. (EAB NPDES Appeal No. 19-06): NPDES permit review denied
Petitioners challenged EPA Region 9's renewal of Arizona Public Service Company's NPDES permit for the Four Corners steam electric power plant on the Navajo Nation. Their claims concerned Morgan Lake's treatment-system exclusion from the definition of waters of the United States, bottom-ash…
Secretary of Labor v. Aggregate Sand & Gravel, Inc.
Misaddressed contest excused
Aggregate Sand & Gravel sought to reopen a penalty assessment after mailing its contest to the same address used for payment of uncontested penalties. The assessment instructions directed contests to Arlington, Virginia, and payments to St. Louis, Missouri. The Secretary did not oppose reopening…
Ibish Fejza v. Fluor Federal Global Projects and Insurance Company of the State of Pennsylvania
Fejza v. Fluor Federal Global Projects (BRB 20-0522): early appeal dismissed
Ibish Fejza sought benefits under the Defense Base Act. An administrative law judge ruled that his disability-benefits claim was filed too late but left his medical-benefits claim pending. Fejza appealed the partial ruling before the judge finished the case. The Board held that the filing deadline…
James B. Trosper v. Director, Office of Workers' Compensation Programs
Trosper v. Director, OWCP (BRB 20-0036 BLA): denial of modification affirmed
James Trosper sought to change an earlier denial of black lung benefits. The parties agreed that he had at least fifteen years of qualifying coal mine work, but the judge found no totally disabling breathing impairment and denied modification. The Board's majority upheld the judge's assessment of…
Hermis Johnson v. Shipyard River Coal Terminal
Johnson v. Shipyard River Coal Terminal (BRB 20-0005 BLA): black lung benefits award affirmed
Hermis Johnson sought black lung benefits after eighteen years of underground coal mine work. The judge found that his breathing impairment was totally disabling, which invoked the statutory presumption that it was due to pneumoconiosis. Shipyard River Coal Terminal challenged the disability…
Helen Sizemore v. Shamrock Coal Company and American Resources Insurance Company
Sizemore v. Shamrock Coal (BRB 19-0546 BLA): survivor benefits award affirmed
Helen Sizemore pursued her late husband's black lung claim and a separate survivor claim. An earlier Board decision upheld the denial of his claim but sent the survivor award back for a fresh review of whether his lung disease caused his death. On remand, the judge again awarded survivor benefits…
Helen Sizemore v. Shamrock Coal Company and American Resources Insurance Company
Sizemore v. Shamrock Coal (BRB 19-0546 BLA): survivor benefits award affirmed
Helen Sizemore pursued her late husband's black lung claim and a separate survivor claim. An earlier Board decision upheld the denial of his claim but sent the survivor award back for a fresh review of whether his lung disease caused his death. On remand, the judge again awarded survivor benefits…
Stanley Vires v. Miller Brothers Construction, Incorporated and Old Republic Insurance Company
Vires v. Miller Brothers Construction (BRB 19-0529 BLA): black lung award without fifteen-year presumption affirmed
Stanley Vires received black lung benefits in a subsequent claim. Because he had less than fifteen years of mine work, the judge assessed entitlement without the fifteen-year presumption. The judge found new evidence of pneumoconiosis and total disability due to the disease. The employer challenged…
Herald G. Bates v. Enterprise Mining Company, LLC and AIG Assurance Company
Bates v. Enterprise Mining (BRB 19-0481 BLA): black lung award affirmed
Herald Bates received benefits after a judge credited at least fifteen years of substantially similar surface mine work and found total respiratory disability. The employer disputed disability and the judge’s determination that it had not rebutted the fifteen-year presumption. The Board upheld the…
Roy A. Gray v. Donaldson Mine Company and Valley Camp Coal Company
Gray v. Donaldson Mine (BRB 19-0469 BLA): black lung award affirmed
Roy Gray received black lung benefits after a judge found more than nineteen years of underground mine work and total respiratory disability. The employer and carrier challenged the disability finding, the fifteen-year presumption, and the judge’s explanation of rebuttal. The Board upheld the…
Russell D. Hatfield v. Pinnacle Mining Company, LLC and BrickStreet Mutual Insurance Company
Hatfield v. Pinnacle Mining (BRB 19-0463 BLA): black lung award partly vacated for disability review
Russell Hatfield received benefits in a subsequent black lung claim after the judge found qualifying mine work and total respiratory disability. His employer challenged the admission and weighing of medical evidence. The Board held that the judge had not adequately explained the weight given to one…
Chris A. Anderson v. ICG Knott County, LLC, and Arch Coal, Incorporated
Anderson v. ICG Knott County (BRB 19-0458 BLA): black lung benefits award affirmed
Chris Anderson received black lung benefits after a judge found more than twenty-three years of underground mine work and total respiratory disability. The employer and carrier challenged the judge’s authority, the fifteen-year presumption, the medical findings, and rebuttal. The Board rejected the…
Gayle C. Gregory, widow and on behalf of Bobby E. Gregory, v. Heritage Coal Company, LLC and Underwriters Safety Claims
Gregory v. Heritage Coal (BRB 19-0337 BLA): miner and survivor black lung awards affirmed
Gayle Gregory pursued her late husband’s black lung claim and her own survivor’s claim. The judge found twenty years of underground mine work and total respiratory disability, awarded miner benefits under the fifteen-year presumption, and awarded derivative survivor benefits. The employer…
Gayle C. Gregory, widow and on behalf of Bobby E. Gregory, v. Heritage Coal Company, LLC and Underwriters Safety Claims
Gregory v. Heritage Coal (BRB 19-0337 BLA): miner and survivor black lung awards affirmed
Gayle Gregory pursued her late husband’s black lung claim and her own survivor’s claim. The judge found twenty years of underground mine work and total respiratory disability, awarded miner benefits under the fifteen-year presumption, and awarded derivative survivor benefits. The employer…
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.