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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Secretary of Labor v. Cedar Lake Mining, Inc.
Penalty contest reopened after brief delay
Cedar Lake Mining asked the Commission to reopen a penalty assessment involving three citations connected to a December 2018 accident. The operator said it had contested all three citations, but its notices and certified mailing receipts showed that the contest was mailed a few days after the…
Gummala v. Carnival Corp.
Gummala v. Carnival Corporation (DOL ARB 2018-0053): Seaman's Protection Act dismissal affirmed
Devendra Gummala worked as a photographer aboard the Carnival Fascination and alleged that Carnival fired him for making safety-related complaints. The Seaman's Protection Act regulation in effect when he was terminated in 2014 covered an individual aboard a vessel owned by a citizen of the United…
M.B. and Department of Veterans Affairs, Department of Data Management, OIT Regional 2, Houston, TX
M.B. and Veterans Affairs (ECAB 19-1830): Delayed reconsideration decision set aside
An information technology specialist claimed that work stress caused or aggravated a stroke. OWCP denied the claim and later took nearly 19 months to rule on a reconsideration request. The Board found that the delay impaired his ability to seek timely review of the earlier merit decision. It set…
M.S. and U.S. Postal Service, Post Office, Crystal Lake, IL
M.S. and U.S. Postal Service (ECAB 19-1090 and 20-0408): Reconsideration denied and second appeal dismissed
A postal worker with an accepted left foot sprain sought a schedule award for permanent impairment of his left leg. After OWCP denied the award, it declined to reopen the claim on reconsideration. The Board upheld that refusal because the new medical evidence concerned a shoulder injury rather than…
D.L. and Department of Agriculture, Animal & Plant Health Inspection Service, Mayaguez, PR
D.L. and Animal & Plant Health Inspection Service (ECAB 19-0276): Injury while packing for transfer held outside duty
An entomologist claimed that packing household items for a job-related move from Louisiana to Puerto Rico caused hand and elbow conditions. She had accepted the new position but had not reported to work in Puerto Rico and was on leave while packing at home. The Board held that this activity fell…
C.K. and Department of Veterans Affairs, Louis Stokes Veterans Administration Medical Center, Cleveland, OH
C.K. and Veterans Affairs (ECAB 18-1286): Knee aggravation claim denial upheld
A part-time podiatrist claimed that her work duties aggravated instability in a previously replaced right knee. OWCP denied the claim, and she submitted a further medical report after an earlier Board decision. The Board found that her physician discussed general physical activities but did not…
J.F. and U.S. Postal Service, Palm Desert Post Office, Palm Desert, CA
J.F. and U.S. Postal Service (ECAB 19-1893): Finding of abandoned hearing request upheld
A postal retail clerk requested a hearing after OWCP denied her claim for an injury from a fall at work. OWCP scheduled a telephone hearing, but she did not participate or timely request a postponement. She later said the hearing conflicted with her work schedule. The Board found that she had…
M.G. and U.S. Postal Service, Post Office, Hamilton, OH
M.G. and U.S. Postal Service (ECAB 19-1627): Leg impairment claim remanded for medical referee
A rural letter carrier sought a schedule award after an accepted fall caused foot and spinal conditions. Her examining physicians disagreed about whether she had lasting sensory or motor impairment in her legs. The Board found that OWCP’s referral physician had been used as a second opinion…
R.D. and U.S. Postal Service, Post Office, El Cajon, CA
R.D. and U.S. Postal Service (ECAB 19-1598): Social Security offset overpayment upheld
A postal mechanic received FECA wage loss compensation and Social Security retirement benefits without the required offset. The Board upheld OWCP’s $25,443.87 overpayment calculation for January 2010 through March 2019 and agreed that he was without fault. It upheld the denial of waiver because his…
United States Department of Veterans Affairs, James A. Haley Veterans Hospital and American Federation of Government Employees, Local 0547
James A. Haley Veterans Hospital and AFGE Local 0547 (FLRA 0-AR-5546): Authority strikes letter-of-warning remedy
The James A. Haley Veterans Hospital suspended a veteran outreach specialist for three days based on four sustained specifications of workplace misconduct. An arbitrator upheld only one specification, reduced the discipline to a letter of warning, and awarded backpay. The Authority denied several…
Vasquez v. Caterpillar Logistics & EA Staffing Svs.
Vasquez v. Caterpillar Logistics and EA Staffing Services (DOL ARB 2017-0066): MAP-21 coverage dismissal affirmed
Carlos Vasquez worked as a picker at a Caterpillar Logistics warehouse and alleged that Caterpillar Logistics and EA Staffing Services discharged him in retaliation for safety activity. MAP-21 protects employees of motor vehicle manufacturers, parts suppliers, and dealerships. The companies…
L.P. and Department of Veterans Affairs, Gary Area Veterans Center, Crown Point, IN
L.P. and Veterans Affairs (ECAB 19-1812): Fall injury claim denial upheld
A Veterans Affairs administrator slipped on ice in a parking lot and reported injuries to several joints. OWCP accepted that the fall occurred but denied the injury claim. The Board found that the medical submissions did not establish a diagnosed condition causally related to the incident with a…
G.T. and Department of the Navy, Pearl Harbor Naval Shipyard, Pearl Harbor, HI
G.T. and Pearl Harbor Naval Shipyard (ECAB 19-1705): Hearing loss schedule award denied
A marine machinery mechanic developed work-related hearing loss and tinnitus after noise exposure at the shipyard. Audiometric results showed no ratable hearing loss under the applicable impairment guides. The Board held that a tinnitus rating could not be added where the hearing loss itself was…
B.W. and Department of Health & Human Services, Office of Federal Assistance Management, Rockville, MD
B.W. and Health & Human Services (ECAB 19-1558): Arm impairment claim remanded for combined files
A grants management specialist sought a schedule award for her left upper extremity. In requesting reconsideration, she argued that OWCP had to consider accepted conditions in related claim files. The Board found that this was a new relevant legal argument and that the files should be combined…
J.F. and U.S. Postal Service, Post Office, Flowery Branch, GA
J.F. and U.S. Postal Service (ECAB 19-1529): Shoulder impairment claim remanded for missing measurements
A postal clerk had received an award for 18 percent permanent impairment of her right upper extremity and sought a higher rating. The Board found that OWCP had not followed its prior remand or obtained the range of motion measurements needed to compare rating methods. OWCP also had not told her…
A.H. and U.S. Postal Service, Post Office, Columbus, OH
A.H. and U.S. Postal Service (ECAB 19-1336): Wage loss claim remanded to address omitted years
A postal clerk sought compensation for a recurrence of total disability after accepted back and related conditions. A prior Board remand required OWCP to address a period extending through February 24, 2014. OWCP awarded compensation only through February 24, 2012, leaving the remaining two years…
L.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ
L.A. and Veterans Affairs (ECAB 19-1248): Emotional condition claim remanded for missing recording
A Veterans Affairs psychiatrist claimed an emotional injury after learning of a threatening voicemail from a patient. OWCP denied the claim after listening to the recording, but the recording was absent from the file sent to the Board. The Board found that the transcript alone did not permit an…
S.P. and U.S. Postal Service, Post Office, Carol Stream, IL
S.P. and U.S. Postal Service (ECAB 19-0843): Arm impairment awards remanded for complete evaluation
A mail handler sought a schedule award for impairment of both upper extremities after accepted shoulder, carpal tunnel, and nerve conditions. OWCP relied on medical evaluations that lacked information needed to rate the impairment properly. The Board held that once OWCP undertook to develop the…
S.S. and Department of Justice, Drug Enforcement Administration, Los Angeles, CA
S.S. and Drug Enforcement Administration (ECAB 18-1205): Additional leg impairment award denied
A criminal investigator sought an increased schedule award after an accepted back injury. He had already received an award for two percent permanent impairment of his left leg and claimed further left leg and right leg impairment. The Board credited examinations finding no greater left leg…
Science Applications International Corp., d/b/a SAIC
Drowning hazard citation affirmed for marine training
SAIC trained sea lions to detect swimmers around Navy installations, requiring employees to swim in open water, sometimes at night. During a nighttime exercise, an employee acting as an evasive swimmer remained in San Diego Bay while the sea lion became distracted, and the team lost contact with…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and National Air Traffic Controllers Association (FLRA 0-AR-5478): Union notice for substance testing upheld with narrower scope
The FAA did not notify the National Air Traffic Controllers Association when a tester arrived to conduct a follow-up alcohol test of an employee under a management-referred treatment plan. An arbitrator found that the agreement required notice of the tester's arrival. The Authority held that a…
Bottos Construction, Inc.
In re Bottos Construction, Inc. (EAB TSCA Appeal No. 20-(01)): default order becomes final without EAB review
EPA Region 3's Presiding Officer issued an Initial Decision and Default Order in the proceeding against Bottos Construction, Inc. No appeal was filed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The Initial Decision…
Albert Jackson, Jr. v. Horizon Shipbuilding, Incorporated
Jackson v. Horizon Shipbuilding (BRB 20-0074): weekly wage and compensation rate raised
Albert Jackson injured his knee while working as a welder for Horizon Shipbuilding. The parties agreed that he qualified for temporary total disability and scheduled permanent partial disability benefits, but disputed his average weekly wage. The Board found that the judge had understated Jackson's…
Van Fitzgerald v. Cooper/T. Smith, Incorporated
Fitzgerald v. Cooper/T. Smith (BRB 19-0486): denial of injury benefits affirmed
Van Fitzgerald sought benefits for several conditions he attributed to a fall at work and alleged fume exposure. The judge found that Fitzgerald had not established a work-related head injury or fume exposure. He also found that the employer had rebutted the presumption connecting Fitzgerald's…
Harvey E. Furrow v. U.S. Steel Mining Company, LLC
Furrow v. U.S. Steel Mining (BRB 19-0287 BLA): attorney fee award affirmed
After Harvey Furrow received black lung benefits, his lawyer sought fees for work before the district director. The district director excluded one hour of clerical work and awarded $1,025. U.S. Steel Mining appealed, arguing that the fee request came too late because counsel filed it more than two…
Rosie E. Turner v. Clinchfield Coal Company
Turner v. Clinchfield Coal (BRB 19-0262 and 19-0263 BLA): miner and survivor awards affirmed
Rosie Turner pursued her late husband's black lung claim and her own survivor claim after an administrative law judge awarded benefits in both. The judge found that James Turner had at least twenty-three years of qualifying coal mine work and was totally disabled, triggering a presumption that…
Dan D. Daniel v. Simmons Fork Mining, Incorporated
Daniel v. Simmons Fork Mining (BRB 19-0247 BLA): black lung benefits award affirmed
Dan Daniel received a black lung benefits award after the administrative law judge credited thirty-eight years of qualifying surface coal mine work and found a totally disabling respiratory impairment. Simmons Fork Mining challenged the judge's conclusion that it had failed to rebut the resulting…
Carl Dean Hamilton v. Hope Mining Company and Armco Steel Company
Hamilton v. Hope Mining and Armco Steel (BRB 19-0245 BLA): denial of black lung benefits affirmed
Carl Hamilton appealed the denial of his later black lung benefits claim. The Board upheld the administrative law judge's finding that Hamilton had fewer than fifteen years of coal mine work and could not use the statutory presumption of disability due to pneumoconiosis. Although the judge found…
Joe O. Williams v. ICG East Kentucky, LLC
Williams v. ICG East Kentucky (BRB 19-0237 BLA): benefits award affirmed
Joe Williams sought black lung benefits after more than thirty years at surface coal mines. The administrative law judge credited over twenty years of regular coal dust exposure, found a totally disabling respiratory impairment, and applied the statutory presumption that his disability was due to…
Jerry L. Brown v. Island Creek Coal Company
Brown v. Island Creek Coal (BRB 19-0227 BLA): benefits award affirmed
Jerry Brown sought black lung benefits after more than twenty-five years of underground coal mine work. The administrative law judge found he had a totally disabling respiratory impairment and applied the statutory presumption linking it to pneumoconiosis. Island Creek Coal challenged the judge's…
Ricky W. Murphy v. Clinchfield Coal Company
Murphy v. Clinchfield Coal (BRB 19-0210 BLA): benefits award vacated for evidence review
Ricky Murphy sought black lung benefits after at least fifteen years of coal mine work. The administrative law judge awarded benefits after finding complicated pneumoconiosis, but Clinchfield Coal challenged how he weighed the imaging evidence. The Board found that the judge had not adequately…
Jesse Ward v. Wolf Run Mining Company
Ward v. Wolf Run Mining (BRB 19-0083 BLA): benefits award affirmed
Jesse Ward sought black lung benefits after twenty-seven years of qualifying coal mine work. The administrative law judge found he had a totally disabling respiratory impairment and applied the statutory presumption that it was caused by pneumoconiosis. Wolf Run Mining argued that other causes…
Jinna v. MPRSoft, Inc.
H-1B back-wage award modified
MPRSoft employed Dheeraj Reddy Jinna under an H-1B labor condition application that promised annual pay of $105,000. The ALJ found that MPRSoft underpaid him and awarded $88,890.17 in back wages plus interest. The Board upheld the annual wage rate and total wages earned, and it agreed that…
D.R. and U.S. Postal Service, Post Office, Jackson, TN
D.R. and U.S. Postal Service (ECAB 19-1899): Late hearing request denial upheld
A postal worker sought an oral hearing after OWCP denied her right shoulder injury claim. Her request was postmarked more than 30 days after the denial, so she had no hearing as a matter of right. The Board found that OWCP considered whether to grant a hearing anyway and reasonably directed her to…
M.P. and Department of Homeland Security, U.S. Customs & Border Patrol, Calexico, CA
M.P. and Customs & Border Patrol (ECAB 19-1872): Refusal to reopen disability claim upheld
A border patrol agent sought disability compensation related to an accepted left shoulder sprain. After OWCP denied the claimed period of disability, he requested reconsideration without submitting new evidence addressing the medical issue. The Board found no new relevant argument or evidence that…
V.R. and Department of Homeland Security, Transportation Security Administration, Chicago, IL
V.R. and Transportation Security Administration (ECAB 19-1761): Shoulder award claim reopened for merit review
A transportation security officer asked OWCP to reconsider her right arm schedule award. She argued that its second opinion physician had identified loss of grip strength and residuals of accepted complex regional pain syndrome that were not addressed in the award. The Board found this a new…
J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL
J.D. and U.S. Postal Service (ECAB 19-1757): Refusal to reopen impairment claim upheld
A former postal clerk requested reconsideration of disputes concerning lower extremity impairment and claimed consequential conditions. She submitted statements, claim correspondence, online printouts, and materials already in the file. The Board found that these materials did not supply a new…
E.P. and U.S. Postal Service, Post Office, Stone Mountain, GA
E.P. and U.S. Postal Service (ECAB 19-1708): Shoulder impairment claim remanded for range of motion testing
A letter carrier sought a higher schedule award for his accepted right shoulder and arm conditions. He had previously received an award for 10 percent permanent right arm impairment. The Board found that the available range of motion findings did not include the three independent measurements…
W.W. and U.S. Postal Service, Post Office, Mountain View, CA
W.W. and U.S. Postal Service (ECAB 19-1706): Disability claim reopened for new medical opinion
A mail carrier requested reconsideration of a disability compensation claim involving accepted temporary cervical conditions. She submitted a new physician report explaining how repeated lifting and twisting could affect her spine. The Board found the report relevant to the disputed medical issue…
K.E. and U.S. Postal Service, Post Office, Vero Beach, FL
K.E. and U.S. Postal Service (ECAB 18-1191): Rescission of accepted neck claim reversed
A postal carrier sustained neck symptoms when another car struck her mail truck. OWCP accepted cervical conditions, then rescinded that acceptance based on a later medical opinion. The Board found that the second opinion physician had disregarded the accepted conditions in the statement of facts…
O.M. and U.S. Postal Service, Post Office, Brooklyn, NY
O.M. and U.S. Postal Service (ECAB 18-1055): Additional knee conditions denied
A letter carrier twisted his left knee while delivering mail, and OWCP accepted a left knee contusion. He sought to add a ligament injury and septic arthritis to the claim. The Board found that his physicians diagnosed or treated those conditions but did not provide a reasoned medical explanation…
Secretary of Labor obo Michael Salvo v. Pilot Thomas Logistics dba Thomas Petroleum, LLC
Secretary of Labor obo Michael Salvo v. Pilot Thomas Logistics (FMSHRC WEST 2020-214 DM): Temporary economic reinstatement approved
The Secretary sought temporary reinstatement for Michael Salvo while MSHA investigated his discrimination complaint against Pilot Thomas Logistics. The parties jointly agreed to economic reinstatement instead of returning Salvo to active work, without the company admitting that the complaint had…
P.S. and U.S. Postal Service, Akron Post Office, Akron, OH
P.S. and U.S. Postal Service (ECAB 19-1818): Forklift incident established and injury claim remanded
A mail handler reported that he jumped from a forklift as a truck moved toward it and the forklift tipped. OWCP denied his injury claim because it viewed the accounts of the incident as inconsistent. The Board found no persuasive contradiction and noted a manager’s eyewitness confirmation and…
J.T. and U.S. Postal Service, Post Office, Lawrenceville, GA
J.T. and U.S. Postal Service (ECAB 19-1813): Thumb injury wage loss denial upheld
A rural carrier sought intermittent wage loss compensation from June 26 through August 31, 2018 after an accepted right thumb injury. Her physician assigned permanent work restrictions but did not state that the accepted condition disabled her from work during the claimed days. The Board held that…
M.S. and U.S. Postal Service, Processing & Distribution Center, Nashua, NH
M.S. and U.S. Postal Service (ECAB 19-1450): Back injury claim reopened for review of medical reports
A mail handler claimed a back injury from lifting and twisting while emptying mail containers. On reconsideration, he argued that OWCP had not considered two related physician reports together when deciding causation. The Board found this a new relevant legal argument because the earlier decision…
C.G. and U.S. Postal Service, Post Office, Miami, FL
C.G. and U.S. Postal Service (ECAB 19-1404): Lifting incident established and injury claim remanded
A postal data collection technician reported back pain after lifting a heavy package from a hamper. OWCP rejected the claim because it questioned whether the incident occurred as described. The Board found her account consistent with her prompt medical visit and other evidence despite the…
G.L. and U.S. Postal Service, Post Office, Milwaukee, WI
G.L. and U.S. Postal Service (ECAB 18-1057): Knee injury claim denial upheld
A city carrier reported right knee pain after descending steps at work. OWCP accepted that the incident occurred but denied the claim for lack of a medical link to a diagnosed condition. The Board found that the physician reports did not adequately explain causation and that imaging and therapy…
P.L. and Department of Defense, Defense Security Service, Mount Holly, NJ
P.L. and Defense Security Service (ECAB 18-0260): Denial of further hand treatment upheld
An investigative technician sought more therapy and surgery for accepted bilateral carpal tunnel syndrome after years of treatment. OWCP denied authorization based on a medical evaluation finding the proposed care unnecessary for the accepted condition. The Board found that opinion reasoned and…
American Federation of Government Employees, Local 2342 and United States Department of Veterans Affairs, Black Hills Health Care System
AFGE Local 2342 and Black Hills Health Care System (FLRA 0-AR-5499): Union may submit attorney-fee petition
The Department of Veterans Affairs suspended an employee for five days, but an arbitrator rescinded the suspension and awarded backpay. The arbitrator also denied attorney fees before the union had submitted a fee petition. The Authority held that the Back Pay Act permits the arbitrator to consider…
Matter of K-S-E-
Firm-resettlement offer remains available despite reluctance
The Board reviewed a Haitian respondent's appeal after the Immigration Judge found that he had been firmly resettled in Brazil and denied asylum and withholding of removal. Brazil had offered him a path to permanent residence, but he did not complete the application steps because of the cost, time…
R.K. and Department of the Treasury, Internal Revenue Service, Brookhaven, NY
R.K. and Internal Revenue Service (ECAB 20-0049): Fall injury claim denial upheld
An IRS customer service representative fell in a work hallway and reported pain in several joints. OWCP accepted that the fall occurred but denied the claim for lack of medical proof linking a diagnosed condition to it. The Board found that the physician reports lacked a reasoned explanation of…
L.F. and Department of Homeland Security, Federal Air Marshal Service, El Segundo, CA
L.F. and Federal Air Marshal Service (ECAB 19-1905): Aircraft turbulence injury claim denied
An air marshal struck his head on an aircraft ceiling during turbulence and later reported neck and left arm symptoms. OWCP accepted that the incident occurred but denied the injury claim. The Board found that the medical reports did not provide a reasoned explanation connecting the diagnosed neck…
J.S. and U.S. Postal Service, Dearborn Annex Post Office, Taylor, MI
J.S. and U.S. Postal Service (ECAB 19-1363): Overpayment upheld but fault finding reversed
A letter carrier received wage loss compensation and a schedule award for the same leg during an overlapping period. The Board agreed that this produced a $2,013.76 overpayment. It reversed OWCP’s finding that she was at fault because the closely timed electronic deposits did not show she knew a…
M.A. and Department of Veterans Affairs, Veterans Administration Medical Center, East Orange, NJ
M.A. and Veterans Affairs (ECAB 19-0616): Patient transfer incident established and injury claim remanded
A nursing assistant reported back and leg symptoms after catching a resident who fell backward while she assisted him in a bathroom. OWCP questioned whether the incident occurred. The Board found her account consistent with telephone records and other circumstances and saw no evidence refuting it…
Axiall, L.L.C.
In re Axiall, L.L.C. (EAB TSCA Appeal No. 20-02Q): $49,000 penalty paid for export violations
EPA alleged that Axiall, L.L.C. violated TSCA section 12(b) and the Notice of Export rules in 40 C.F.R. part 707, subpart D. The complaint sought a $49,000 penalty. Axiall paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The Environmental…
Green v. Opcon, Inc.
And VSGI, LLC (DOL ARB 2018-0007): environmental retaliation dismissal affirmed
Christopher Green managed federal renovation projects for two subcontractors and alleged that the prime contractors removed him after he objected to improper asbestos handling. The Board held that Green did not show an employment relationship with the prime contractors under either the common-law…
A.S. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
A.S. and Pine Bluff Arsenal (ECAB 19-1955): Knee condition claim denial upheld
An arsenal worker felt his left knee pop while walking up a step at work. OWCP accepted the event but denied his claim for a related knee condition. The Board found that one physician’s causation opinion was conclusory and did not address preexisting knee conditions, while other physicians did not…
R.B. and Department of the Navy, Puget Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA
R.B. and Puget Sound Naval Shipyard (ECAB 19-1466): Hearing aid granted and award rating remanded
A retired shipyard worker sought a hearing loss schedule award and a right hearing aid. OWCP denied both. The Board found that its medical adviser had not explained why later hearing loss could not be attributed to accepted occupational noise exposure, so the award rating required further review…
K.D. and U.S. Postal Service, Arlington Post Office, Baltimore, MD
K.D. and U.S. Postal Service (ECAB 19-1405): Foot condition claim denial upheld
A letter carrier felt sharp pain in her left foot while walking on her delivery route. OWCP accepted the work event but denied her claim for a related medical condition. The Board found that a physician did not explain how the job activity caused the diagnosed condition and that imaging and…
M.G. and U.S. Postal Service, Post Office, Seaford, NY
M.G. and U.S. Postal Service (ECAB 18-1616): Wrist injury claim denial upheld
A postal associate reported right wrist pain after pulling a mail container at work. Her doctors diagnosed wrist sprain and tendinitis. The Board found that the medical reports did not adequately explain how the accepted work incident caused the diagnosed condition. It upheld OWCP’s denial for lack…
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.