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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Taotao USA, Inc., Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd.
In re Taotao USA, Inc., Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd. (EAB CAA Appeal Nos. 18-01 and 18-02): Liability and penalties affirmed
EPA alleged that Taotao USA, Taotao Group, and Jinyun manufactured or imported motorcycles and recreational vehicles whose catalytic converters differed from the designs described in their certificates of conformity. The Administrative Law Judge found 109,964 vehicles uncertified and imposed joint…
K.H. and U.S. Postal Service, Post Office, Bloomington, IL
K.H. and U.S. Postal Service (ECAB 19-1635): Intermittent disability claim denied
A postal clerk sought wage loss compensation for intermittent absences after OWCP accepted a cervical disc condition. The Board found that reports addressing her work restrictions and absences did not explain how the accepted condition caused the claimed periods of disability. It affirmed OWCP’s…
M.T. and Department of Defense, Defense Commissary Agency, Fort Sam Houston, TX
M.T. and Department of Defense (ECAB 19-1546): Home fall held outside performance of duty
A Defense Commissary Agency security specialist reported injuries from a fall at home while moving telework items. The issue was whether the fall occurred in the performance of duty. The Board found that new material about a learning disability did not establish that he had been unable to…
M.N. and U.S. Postal Service, Post Office, Caro, MI
M.N. and U.S. Postal Service (ECAB 19-1421): Spinal condition claim remanded for impartial examination
A rural postal carrier attributed cervical, thoracic, and lumbar conditions to repetitive handling and driving a postal vehicle. Her physicians connected the work to the conditions, while OWCP’s second opinion physician disagreed. The Board found a conflict in medical opinion that required an…
M.C. and U.S. Postal Service, Post Office, Denton, TX
M.C. and U.S. Postal Service (ECAB 19-1263): Overpayment affirmed but fault finding reversed
A postal rural carrier received wage loss compensation after returning to full time modified work. The Board affirmed OWCP’s finding that this produced a $1,447.89 overpayment. It reversed the finding that she was at fault because the record did not show she knew the first erroneous direct deposit…
Stone House Enterprises, Inc., d/b/a Jacksonville Granite
Late notice of contest dismissed
Stone House Enterprises fabricates and installs granite countertops. OSHA issued citations from two inspections addressing fire-extinguisher maintenance, forklift and hazard-communication training, and silica-related conditions. The company received both citation packages on June 6, 2019, but did…
G.H. and Department of Homeland Security, U.S. Customs & Border Patrol, Sonoita, AZ
G.H. and Department of Homeland Security (ECAB 19-0770): Overpayment calculation remanded
A Border Patrol agent challenged an overpayment decision involving the treatment of premium pay in his compensation rate. The Board found that OWCP did not explain how its figures produced the asserted overpayment. It also said the calculation needed to address compensation based on the employee’s…
P.K. and U.S. Postal Service, General Mail Facility, Denver, CO
P.K. and U.S. Postal Service (ECAB 18-0913): Life insurance premium overpayment remanded
A former postal employee challenged a $7,028.56 overpayment attributed to missed optional life insurance premium deductions. The Board found that the record lacked her signed insurance election and did not establish what coverage she had chosen. Without that evidence, OWCP had not established the…
J.D. and Department of the Treasury, Internal Revenue Service, Flint, MI
J.D. and Department of the Treasury (ECAB 18-0594): Additional shoulder condition claim denied
An IRS revenue agent sought acceptance of additional left shoulder conditions after an earlier fall on ice at work. The Board found that the medical reports either lacked a causal opinion or suggested only that the old fall might have caused the conditions. Imaging did not supply a reasoned medical…
T.A. and U.S. Postal Service, Post Office, Riverview, FL
T.A. and U.S. Postal Service (ECAB 19-1525): Postal carrier low back claim remanded
A rural postal carrier reported back injuries while getting into her vehicle and delivering a parcel. OWCP denied the claim without reaching the medical evidence. The Board found that her carrier duties involving mail trucks and bending were undisputed. It set aside the denial and directed OWCP to…
C.M. and U.S. Postal Service, Post Office, Philadelphia, PA
C.M. and U.S. Postal Service (ECAB 19-1451): Retirement benefit overpayment and recovery affirmed
A postal maintenance mechanic received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board affirmed a $10,059.35 overpayment and agreed that he was without fault. It found that the record did not establish grounds to waive…
J.R. and Department of the Army, U.S. Army Corps of Engineers, Jacksonville, FL
J.R. and Department of the Army (ECAB 19-1418): Retirement benefit overpayment and waiver denial affirmed
An Army Corps electronics technician received FECA wage loss compensation and Social Security retirement benefits attributable to federal service for overlapping periods. The Board affirmed the $15,652.19 overpayment and agreed that he was without fault. Although he submitted an overpayment…
T.J. and U.S. Postal Service, Post Office, Kenosha, WI
T.J. and U.S. Postal Service (ECAB 19-1339): Back condition claim denial affirmed
A postal letter carrier reported back and leg symptoms after twisting while moving a heavy parcel. OWCP accepted the incident but denied the condition claim. The Board found that a physician connected the symptoms to the incident without adequately explaining the link in light of earlier spinal…
B.W. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service, Hanover, MD
B.W. and Department of Homeland Security (ECAB 19-0626): Late disability reconsideration request denied
A federal air marshal sought reconsideration of a prior denial of total disability after an accepted back injury. OWCP received the request after the one year deadline. The Board found that reports about an earlier period of work capacity did not show clear error in the ruling on disability…
D.W. and U.S. Postal Service, Woburn Post Office, Woburn, MA
D.W. and U.S. Postal Service (ECAB 19-0546): Retirement benefit overpayment and recovery affirmed
A postal letter carrier received FECA wage loss compensation and Social Security retirement benefits attributable to federal service during the same period. The Board affirmed a $22,992.48 overpayment and agreed that she was without fault. It upheld OWCP’s denial of waiver and found that the…
Secretary of Labor v. KC Transport, Inc.
Offsite truck facility held within MSHA jurisdiction
KC Transport maintained coal-haul and other trucks at an offsite facility near several Ramaco mines and the Elk Creek preparation plant. MSHA cited two raised trucks there for maintenance performed without blocking them against motion, and KC Transport disputed only whether the Mine Act reached the…
Rockland Industries, Inc.
In re Rockland Industries, Inc. (EAB TSCA Appeal No. 20-01Q): $500 penalty paid for reporting violations
EPA alleged that Rockland Industries, Inc. violated the chemical data reporting regulations under section 8(a) of the Toxic Substances Control Act. EPA's complaint sought a $500 penalty. Rockland paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order…
Lora A. Outlaw v. Huntington Ingalls Industries, Incorporated
Outlaw v. Huntington Ingalls (BRB 19-0560): attorney fee reduced
Lora Outlaw's lawyer obtained a fee and cost award after she won continuing Longshore Act disability compensation. Huntington Ingalls challenged the hourly rate and billed time. The Board upheld the $350 hourly rate and most of the hours, but found that billing fifteen hours to prepare the fee…
S.B. and Department of Health & Human Services, Food & Drug Administration, Houston, TX
S.B. and Department of Health & Human Services (ECAB 19-1661): Left elbow claim denial affirmed
An FDA consumer safety officer reported left arm and elbow pain after moving boxes at work. The Board found that a physician’s statement that lifting could have triggered tennis elbow was speculative and that later reports did not adequately explain causation. It affirmed OWCP’s denial. The release…
E.D. and U.S. Postal Service, Post Office, Monterey Park, CA
E.D. and U.S. Postal Service (ECAB 19-1562): Schedule award and late hearing denial affirmed
A postal city carrier sought a schedule award after an accepted thoracic sprain. The Board found that his medical reports did not establish permanent impairment of a scheduled body member. It also found that his hearing request was postmarked more than 30 days after the award denial and that OWCP…
T.A. and U.S. Postal Service, Post Office, Riverview, FL
T.A. and U.S. Postal Service (ECAB 19-1524): Back claim reconsideration denial affirmed
A rural postal carrier sought reconsideration of an earlier back injury claim denial. The Board found that her personal account of symptoms did not address the missing medical link between the accepted incident and the diagnosis. Evidence already considered by OWCP did not warrant reopening either…
C.F. and U.S. Postal Service, Broomfield Post Office, Broomfield, CO
C.F. and U.S. Postal Service (ECAB 19-1495): Cervical surgery reconsideration denial affirmed
A postal rural carrier sought reconsideration after OWCP denied authorization for cervical surgery following an accepted fall. The Board found that a new physician note described her condition without giving an opinion on the surgery’s medical necessity. An operative report and nurse practitioner…
R.K. and U.S. Postal Service, Post Office, Los Angeles, CA
R.K. and U.S. Postal Service (ECAB 19-1474): Late occupational disease reconsideration denied
A postal letter carrier sought reconsideration after OWCP denied her occupational disease claim for lack of an established compensable work factor. Her request arrived more than a year after the merit decision. The Board found that later witness accounts and medical records did not show clear error…
J.W. and Department of Homeland Security, U.S. Coast Guard, Baltimore, MD
J.W. and Department of Homeland Security (ECAB 18-0678): Cervical condition claim denial affirmed
A Coast Guard electrician claimed cervical conditions after working aboard a ship. OWCP accepted the incident but denied the conditions. The Board found that physicians either gave no causal opinion, speculated about a connection, or stated a connection without explaining how the work caused the…
Arkansas Army National Guard, Little Rock, Arkansas (Agency) and Association of Civilian Technicians (Petitioner/Labor Organization) and Laborers' International Union of North America, Local 1776 (Incumbent/Labor Organization)
Arkansas Army National Guard and ACT (FLRA AT-RP-19-0025): Rerun representation election may proceed
The Association of Civilian Technicians petitioned to replace LIUNA Local 1776 as the representative of an Arkansas Army National Guard employee unit. After LIUNA objected to the first election, a regional director ordered a rerun. LIUNA asked for another review of the petitioner's showing of…
N.S. and U.S. Postal Service, Post Office, Vancouver, WA
N.S. and U.S. Postal Service (ECAB 19-1714): Shoulder condition claim denied
A rural postal carrier reported shoulder pain and swelling after pulling down mail. OWCP accepted her duties but denied the medical condition claim. The Board found that the physician’s checked causation boxes did not explain how the work caused the diagnosed shoulder and back strains. It affirmed…
A.R. and Department of the Navy, Fleet Readiness Center Southwest, San Diego, CA
A.R. and Department of the Navy (ECAB 19-1560): Chemical exposure condition claim denied
A Navy electrician reported a dry throat and lightheadedness after exposure to chemicals at work. OWCP accepted the incident but denied the medical condition claim. The Board found that a physician documented the symptom without identifying a firm diagnosis, and other testing did not establish one…
B.B. and Department of Veterans Affairs, Lebanon Veterans Administration Medical Center, Lebanon, PA
B.B. and Department of Veterans Affairs (ECAB 19-1541): Neck and shoulder condition claim denied
A VA nursing assistant reported neck and shoulder pain after hitting his head on a resident’s equipment at work. OWCP accepted the incident but denied the condition claim. The Board found that medical reports did not explain whether the incident caused or aggravated his conditions in light of…
R.K. and U.S. Postal Service, Post Office, Los Angeles, CA
R.K. and U.S. Postal Service (ECAB 19-1477): Late shoulder injury reconsideration denied
A postal letter carrier sought reconsideration of a traumatic shoulder injury claim after the one year deadline. OWCP had earlier denied the claim because of factual inconsistencies. The Board found that her late request supplied no evidence or legal argument showing clear error in that ruling. It…
W.C. and Department of the Interior, National Park Service, Charlestown Navy Yard, Boston, MA
W.C. and Department of the Interior (ECAB 19-1430): Retirement benefit overpayment and recovery affirmed
A National Park Service maintenance mechanic received FECA wage loss compensation and Social Security retirement benefits attributable to federal service for the same period. The Board affirmed a $4,362.09 overpayment and agreed that he was without fault. It upheld the waiver denial and recovery of…
L.K. and Department of the Interior, Bureau of Land Management, Washington, DC
L.K. and Department of the Interior (ECAB 19-1423): Retirement benefit overpayment and recovery affirmed
A Bureau of Land Management employee received FECA benefits while also receiving Social Security retirement benefits attributable to federal service. The Board affirmed a $4,092.76 overpayment and agreed that he was without fault. It found that he did not provide the requested financial records…
A.D. and U.S. Postal Service, Post Office, Baton Rouge, LA
A.D. and U.S. Postal Service (ECAB 19-1411): Irregular work overpayment and waiver denial affirmed
A postal city carrier assistant received compensation calculated without accounting for her irregular work hours. The Board affirmed OWCP’s $1,556.64 overpayment calculation and agreed that she was without fault. It upheld denial of waiver because she did not provide the requested financial…
E.R. and Department of Agriculture, U.S. Forest Service, Camptonville, CA
E.R. and Department of Agriculture (ECAB 19-0017): Lyme disease claim reopened for merits review
A Forest Service forestry technician sought reconsideration of a Lyme disease claim that OWCP had denied for lack of an established work exposure. He submitted new materials addressing a claimed tick bite and a medical diagnosis. The Board found that this evidence was relevant to the reason for the…
Keith Edgar v. Senesco Marine, LLC
Edgar v. Senesco Marine (BRB 20-0029): late payment assessment denied
Keith Edgar settled his Longshore Act claims and later sought a 20 percent addition to the settlement payment, arguing that the employer paid after the statutory ten-day deadline. The judge found that the payment reached Edgar's lawyer on September 10, 2018, within the period allowed after the…
Gregory Langley v. D & D Construction
Langley v. D & D Construction (BRB 19-0522): injury benefits award affirmed
Gregory Langley reported back and right leg symptoms after an incident while welding above the ground at work. A judge applied the statutory presumption connecting the injuries to the work incident and found that D & D Construction had not rebutted it. The Board upheld the judge's decision to…
Charles P. Moore v. Capital Coal Corporation
Moore v. Capital Coal (BRB 19-0164 BLA): black lung benefits award affirmed
Charles Moore received benefits after a judge credited more than twenty-four years of underground coal mine work and found total respiratory disability. Capital Coal challenged the judge's authority and the disability finding. The Board upheld her reliance on medical opinions supported by…
Betty Rae Akers (on behalf of and widow of Leroy Akers) v. Dyno East Kentucky, Incorporated
Akers v. Dyno East Kentucky (BRB 19-0153 and 19-0269 BLA): miner and survivor awards affirmed
Betty Rae Akers pursued her late husband's miner claim and her own survivor claim. Dyno East Kentucky argued that his explosives delivery and demonstration work did not make him a miner and that the company was not a responsible coal mine operator. The Board rejected those arguments because his…
Timothy Brian Coleman v. CAM Mining, LLC
Coleman v. CAM Mining (BRB 19-0144 BLA): benefits and stepchild augmentation affirmed
Timothy Coleman received benefits after a judge found total respiratory disability and credited twenty-four years of qualifying coal mine work. CAM Mining argued that it had rebutted the statutory presumption and objected to augmented benefits for Coleman's stepchild. The Board upheld the judge's…
Randall Sweeney v. Shell Coal & Terminal Company
Sweeney v. Shell Coal (BRB 19-0132 BLA): benefits award affirmed
Randall Sweeney received benefits after a judge credited seventeen years of underground coal mine work and found total respiratory disability. Shell Coal challenged the use of the statutory presumption by disputing the validity of a qualifying breathing test and the weight of medical opinions. The…
Harm Pennington v. Associated Contracting, LLC
Pennington v. Associated Contracting (BRB 19-0114 BLA): benefits start date remanded
Harm Pennington received black lung benefits after a judge found twenty-two years of qualifying coal mine work and total respiratory disability. Associated Contracting challenged the award and its start date. The Board upheld eligibility, but found that the judge had overlooked earlier test results…
Gary Horn v. Fire Creek, Incorporated
Horn v. Fire Creek (BRB 19-0111 BLA): black lung benefits award affirmed
Gary Horn received benefits after a judge found 16.96 years of qualifying coal mine work and a totally disabling respiratory impairment. Fire Creek argued that the medical evidence disproved pneumoconiosis. The Board upheld the judge's evaluation of x-rays and medical opinions and her finding that…
Douglas A. Hartsock v. Apache Coal Company, Incorporated
Hartsock v. Apache Coal (BRB 19-0091 BLA): pneumoconiosis findings remanded
Douglas Hartsock received benefits on a subsequent claim after a judge found that legal pneumoconiosis contributed to his total respiratory disability. Apache Coal challenged the medical analysis. The Board found that the judge had not adequately explained why a doctor's opinion established legal…
Ramon Rivera v. Ameri-Force
Rivera v. Ameri-Force (BRB 17-0438 and 19-0074): fee remand narrowed on reconsideration
Ramon Rivera settled a hearing loss claim, and his lawyer sought an attorney fee from Ameri-Force. The Board had earlier rejected employer-paid fee liability under one Longshore Act provision, then ordered further review under another. On en banc reconsideration, a majority held that Rivera had…
Matter of Pedro Josue JIMENEZ-CEDILLO
Matter of Jimenez-Cedillo (BIA ID 3978): solicitation offense holding applied prospectively
The Board reconsidered the case of a Mexican respondent whose conviction under Maryland law involved soliciting a minor or an officer posing as a minor to engage in unlawful sexual activity. It reaffirmed that the offense is categorically a crime involving moral turpitude, but applied that position…
R.D. Sturgill v. Jent & Franks Coal Company, Incorporated
Sturgill v. Jent & Franks Coal (BRB 19-0379 BLA): miner's benefit award affirmed
R.D. Sturgill sought black lung benefits based on a disabling respiratory condition. An administrative law judge awarded benefits after finding that coal mine dust significantly contributed to his chronic lung disease and total disability. Jent & Franks Coal challenged the judge's authority to hear…
Robert E. Tackett v. White County Coal
Tackett v. White County Coal (BRB 19-0176 BLA): benefit award affirmed after remand
Robert Tackett sought black lung benefits after working more than 15 years in underground coal mines. On an earlier appeal, the Board sent his case back for a new assessment of whether pulmonary testing showed total disability. A different administrative law judge found disability established and…
Cynthia A. Funari v. Pennsylvania Mines Corporation
Funari v. Pennsylvania Mines (BRB 19-0106 BLA): survivor award sent back for disability review
Cynthia Funari sought survivor benefits after the death of her husband, a coal miner with at least 15 years of underground mine work. The administrative law judge found Anthony Funari had a totally disabling respiratory impairment, applied a presumption that pneumoconiosis caused his death, and…
Yetta S. Scott v. Westmoreland Coal Company
Scott v. Westmoreland Coal (BRB 18-0547 BLA): survivor claim remanded for pathology review
Yetta Scott sought survivor benefits after the death of her husband, a coal miner with at least 20 years of underground mine work. An administrative law judge denied her request for modification, finding that the evidence did not establish complicated pneumoconiosis, total respiratory disability…
Shi v. Moog, Inc.
Reconsideration of extraterritorial dismissal denied
Charles Shi alleged that a Chinese subsidiary of Moog terminated him for making aviation-safety complaints. The Board had affirmed dismissal because Congress did not make AIR21's employee-protection provision extraterritorial and Shi's complaint was not a domestic application of the law. Shi sought…
Master Construction Co., Inc.
Roadwork traffic citation affirmed, training citation vacated
Master Construction managed a road-expansion project where concrete trucks repeatedly entered and left an active paving area. An employee walking through the truck operating area to retrieve material was run over by a concrete mixer and sustained two broken legs. The judge found a recognized…
American Federation of Government Employees, National Council of EEOC Locals No. 216 (Union) and United States Equal Employment Opportunity Commission (Agency)
AFGE EEOC Council 216 and EEOC (FLRA 0-NG-3416): Agency must bargain over recording rule
AFGE's council of EEOC locals and the EEOC disputed ground rules for bargaining during their current agreement. The Authority rejected a proposal requiring written authorization of negotiating teams because it affected management's right to assign work, and another proposal because the union said…
Matter of R-A-F-
De novo CAT analysis ordered
The Attorney General reviewed a Board decision involving a respondent who claimed that conditions in a Mexican mental health facility would constitute torture if he were removed. The Attorney General held that the Board must review de novo whether the facts found by the Immigration Judge satisfy…
Leo Wilson v. Wilmington Shipping Company/Avitus, Incorporated
Wilson v. Wilmington Shipping (BRB 20-0002): summary ruling on additional injuries vacated
Leo Wilson injured his forearm while working as a line handler, then sought Longshore Act benefits for that injury and alleged injuries to his back, legs, and shoulder. Wilmington Shipping conceded that the forearm injury was covered but disputed whether the other injuries occurred in the accident…
Hiller v. Grand Trunk Western Railway Co.
FRSA settlement approved
Trever Hiller alleged that Grand Trunk Western Railway terminated him for reporting a work-related injury. An ALJ found in Hiller's favor and awarded damages, and the railroad appealed. The parties settled while the appeal was pending and submitted the agreement for Board approval. The Board…
R.N. and U.S. Postal Service, Roselle Post Office, Roselle, IL
R.N. and U.S. Postal Service (ECAB 19-1685): Recurrence of total disability denied
A postal carrier sought wage loss compensation after stopping work despite an earlier release to light duty for accepted lumbar conditions. The Board found that his doctors did not explain how the accepted conditions caused total disability beginning July 28, 2018. Other reports discussed work…
K.J. and U.S. Postal Service, Post Office, Milwaukee, WI
K.J. and U.S. Postal Service (ECAB 19-1492): Leg schedule award claim denied
A postal carrier sought a schedule award after a dog bite to her left calf at work. OWCP had accepted the puncture wound. The Board found that her doctors did not document maximum medical improvement or describe permanent impairment attributable to the accepted wound. It affirmed the award denial.
C.S. and U.S. Postal Service, Richmond Processing & Distribution Center, Sandston, VA
C.S. and U.S. Postal Service (ECAB 19-1377): Total disability claim denied
A postal mail handler assistant sought wage loss compensation after a work fall near a loading dock. OWCP accepted the injury but denied total disability beginning May 12, 2018. The Board found that medical notes addressing absence or work capacity did not adequately explain why the accepted injury…
L.J. and Department of Health & Human Services, Office of Medicare Hearings & Appeals, Cleveland, OH
L.J. and Department of Health & Human Services (ECAB 19-1343): Right shoulder occupational disease claim denied
A hearing clerk legal assistant attributed shoulder bursitis to handling files and other repetitive duties. OWCP accepted the duties but denied the condition claim. The Board found that medical reports documented her shoulder diagnoses and earlier surgery without a reasoned explanation connecting…
E.C. and Department of the Navy, Naval Air Warfare Center, China Lake, CA
E.C. and Department of the Navy (ECAB 19-0646): Wage earning capacity modification request remanded
A former Navy painter asked OWCP to modify an earlier loss of wage earning capacity determination because his accepted condition had worsened. OWCP denied the request under the deadline for reconsideration. The Board found that the submission was a request to modify the wage earning capacity…
L.S. and Department of the Treasury, Bureau of the Fiscal Service, Hyattsville, MD
L.S. and Department of the Treasury (ECAB 18-1471): Workplace emotional condition claim denied
A Treasury financial analyst attributed stress and anxiety to a poor performance evaluation and alleged treatment by a supervisor. The Board found that she had not established an error or abuse in the administrative action or substantiated the alleged harassment. Without an established compensable…
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.