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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J.S. and Department of the Army, U.S. Army Corps of Engineers, Wilmington, NC
J.S. and Department of the Army (ECAB 18-0657): Right arm nerve condition claim denied
An Army Corps natural resources specialist attributed right arm nerve conditions to prolonged computer and mapping work. OWCP accepted the duties but denied the condition claim. The Board found that reports diagnosing the conditions did not adequately explain how the specific duties caused them. It…
E.K. and U.S. Postal Service, Post Office, Forest Hills, NY
E.K. and U.S. Postal Service (ECAB 18-0599): Third party recovery overpayment affirmed
A postal carrier received compensation while a surplus from a third party settlement should have offset future benefits. The Board affirmed a $12,652.79 overpayment and found she should have known the payments were incorrect after OWCP explained the surplus to her counsel. It upheld the fault…
United States Department of Homeland Security, Customs and Border Protection, U.S. Border Patrol, El Paso Sector and American Federation of Government Employees, Local 1929, National Border Patrol Council
Border Patrol El Paso Sector and AFGE Local 1929 (FLRA 0-AR-5340): Attorney fee award set aside
A Border Patrol agent challenged a fourteen-day suspension after the agency took nearly two years to investigate misconduct he had reported himself. An arbitrator found that the delay violated the union contract and later awarded the union attorney fees, calling the delay a gross procedural error…
Penn Tank Lines, Inc.
In re Penn Tank Lines, Inc. (EAB CAA Appeal No. 20-01C): $104,940 penalty for reformulated gasoline violations
Penn Tank Lines, Inc. provides trucking transportation services for petroleum products. EPA alleged that the company delivered approximately 367,182 gallons of conventional gasoline in 45 loads to 10 Wawa retail outlets in Pennsylvania where reformulated gasoline was required. The Consent Agreement…
Ricky L. Smith v. Lodestar Energy, Incorporated
Smith v. Lodestar Energy (BRB 19-0152 BLA): benefits upheld, payer issue remanded
Ricky Smith received a black lung benefits award after a judge found that his long coal mine work and disabling respiratory impairment triggered a statutory presumption of entitlement. Lodestar Energy challenged both the disability finding and its designation as the operator responsible for paying…
Helena Shortt v. Cam Mining, Incorporated
Shortt v. Cam Mining (BRB 19-0065 BLA): widow's benefits claim remanded
Helena Shortt appealed a judge's denial of survivor's black lung benefits after her husband's death. The Board rejected her request for a new hearing based on the judge's appointment because she had not raised that challenge before the judge. It upheld findings that the objective test results did…
Lindner v. CitiMortgage, Inc.
Interlocutory appeal dismissed and case remanded
Peter Lindner alleged that CitiMortgage ended his job assignment after he raised concerns about unsupported mortgage statements. The ALJ denied CitiMortgage's motion to dismiss but certified for interlocutory review whether Lindner was a covered employee under the Consumer Financial Protection Act…
L.L. and Department of Agriculture, Veterinary Services, Wilmar, MN
L.L. and Department of Agriculture (ECAB 19-1690): Schedule award overpayment affirmed and fault reversed
A veterinary medical officer received one extra direct deposit after his left eye schedule award ended. The Board affirmed the $3,378.81 overpayment. It found that he was without fault because OWCP had not shown he knew the first erroneous deposit was incorrect when it arrived. The Board set aside…
M.O. and U.S. Postal Service, Akron Hub, Akron, OH
M.O. and U.S. Postal Service (ECAB 19-1677): Shoulder claim reconsideration denial affirmed
A postal mail handler sought reconsideration of a left shoulder occupational disease claim. His physician submitted a new report linking continued work to the condition. The Board found that the report substantially repeated earlier evidence and that the request presented no new relevant legal…
W.M. and U.S. Postal Service, Southeastern Processing & Distribution Center, Pittsburgh, PA
W.M. and U.S. Postal Service (ECAB 19-1531): Left arm schedule award remanded for new rating
A postal mail processor sought a greater schedule award than the one percent left arm impairment previously awarded. OWCP’s medical adviser rejected a higher rating partly because the adviser believed there was no operative report or flexor release. The Board found that an operative report in the…
L.C. and U.S. Postal Service, East Houston Post Office, Houston, TX
L.C. and U.S. Postal Service (ECAB 19-1094): Fraud forfeiture and overpayment affirmed
A postal rural carrier was convicted of fraud involving claims for FECA related travel benefits. The Board affirmed termination of compensation from the June 13, 2018 verdict under the statutory forfeiture rule. It also affirmed a $594.00 overpayment for later benefits and found she was at fault in…
C.M. and U.S. Postal Service, Main Post Office, Niles, MI
C.M. and U.S. Postal Service (ECAB 19-0360): Cervical condition claim denial affirmed
A rural postal carrier attributed a cervical condition and arm symptoms to casing and delivering mail. OWCP accepted the work duties but denied the cervical condition claim. The Board found that the physician’s opinion that repetitive neck movement worsened cervical stenosis lacked a medical…
T.L. and U.S. Postal Service, Post Office, Oklahoma City, OK
T.L. and U.S. Postal Service (ECAB 18-0935): Emotional condition order remands for combined claim files
A postal mail handler claimed stress and anxiety related to work after an accepted back condition. OWCP denied reconsideration without combining a related claim file that contained accepted emotional diagnoses. The Board found that the incomplete combined record prevented a reliable decision. It…
L.D. and U.S. Postal Service, Post Office, Fairfax, VA
L.D. and U.S. Postal Service (ECAB 18-0609): Back injury claim remanded for medical review
A postal letter carrier reported back pain while bending to load mail. OWCP denied the injury claim. The Board found that witness and workplace records established the work incident, so OWCP needed to evaluate the medical evidence. It set aside the denial and remanded for a new decision; its…
J.W. and U.S. Postal Service, Processing & Distribution Center, Jackson, MS
J.W. and U.S. Postal Service (ECAB 18-0520): Left shoulder occupational disease claim denied
A postal mail handler attributed a left shoulder condition to years of moving heavy containers and equipment. His physician supported a connection between the work and shoulder diagnoses. The Board found that the physician had not supplied enough medical reasoning to explain how the specific duties…
S.C. and Department of the Navy, Military Sealift Command, Norfolk, VA
S.C. and Department of the Navy (ECAB 18-0517): Benefit suspension and wage earning capacity affirmed
A former Navy boatswain mate did not timely return OWCP’s EN1032 earnings form, so OWCP suspended compensation. The Board affirmed the suspension. It also found that his more than two years of work as a peer support specialist fairly represented his wage earning capacity and upheld the resulting…
United States Department of Veterans Affairs, Central Arkansas Veterans Healthcare System Central and American Federation of Government Employees, Local 2054
Central Arkansas Veterans Healthcare System and AFGE Local 2054 (FLRA 0-AR-5452): Hazard differential upheld
Housekeeping and laundry employees at a veterans hospital sought environmental-differential pay for exposure to high-hazard microorganisms. An arbitrator found that they regularly encountered needles, sharp objects, and biohazardous materials, while the agency's protective equipment and training…
Secretary of Labor v. Boart Longyear Company
Two actions vacated and tag-line penalty reduced
A Boart Longyear mechanic used a forklift and rigging to hold a 500-pound transfer case while removing fittings at an underground gold mine. Judge Richard Manning credited testimony that the forklift was shut down, the mechanic was not under its forks, and the transfer case was low and stationary…
A.R. and U.S. Postal Service, Post Office, Corte Madera, CA
A.R. and U.S. Postal Service (ECAB 19-1691): Abandoned hearing finding affirmed
A postal letter carrier requested a telephone hearing after an injury claim decision. OWCP sent notice to her address of record, but she did not call in, request a postponement, or explain her absence within the allowed period. The Board affirmed OWCP’s finding that she abandoned the hearing…
N.Z. and Department of Defense, Defense Logistics Agency, Tracy, CA
N.Z. and Department of Defense (ECAB 19-1646): Treatment recurrence claim denied
A Defense Logistics Agency worker sought renewed treatment after an accepted right ring finger sprain. She had returned to regular duty and had been discharged from treatment. The later medical report discussed left shoulder symptoms without connecting a new treatment need to the accepted finger…
M.P. and Department of Justice, Justice Management Division, Washington, DC
M.P. and Department of Justice (ECAB 19-1557): Left wrist surgery authorization denial affirmed
A Justice Department accounting technician sought authorization for wrist surgery after an accepted sprain from a workplace accident. A physician later diagnosed a ligament rupture but did not explain how the old injury caused it or why surgery was needed for the accepted sprain. The Board found no…
C.W. and U.S. Postal Service, Sewickley Post Office, Sewickley, PA
C.W. and U.S. Postal Service (ECAB 19-1555): Right ankle condition claim denied
A postal carrier reported reinjuring his right ankle during a mail route after an earlier ankle sprain. OWCP accepted the March incident but denied the condition claim. The Board found that the medical reports did not explain how the new incident caused or aggravated the preexisting ankle…
M.D. and Department of the Army, Lexington Blue Grass Army Depot, Richmond, KY
M.D. and Department of the Army (ECAB 19-1500): Retirement benefit overpayment and recovery affirmed
An Army depot employee received FECA wage loss compensation while also receiving Social Security retirement benefits attributable to federal service. The Board affirmed a $4,794.68 overpayment and agreed that he was without fault. It found that he had not supplied records supporting the finances…
B.O. and U.S. Postal Service, Post Office, Alton, IL
B.O. and U.S. Postal Service (ECAB 18-1100): Leg schedule award order remands for combined files
A postal letter carrier sought a greater right leg schedule award involving several accepted injuries and prior awards. OWCP had not combined all the claim files concerning the same leg. The Board found that deciding the award from an incomplete set of records risked inconsistent results. It set…
R.R. and U.S. Postal Service, Bustleton Post Office, Philadelphia, PA
R.R. and U.S. Postal Service (ECAB 18-0914): Spinal condition claim remanded for specialist review
A postal letter carrier attributed spinal conditions to continued work after an earlier back injury. The Board found that his physician’s detailed reports supported a work connection enough to require further development, though they did not fully establish the claim. It directed OWCP to combine…
M.B. and Department of Homeland Security, Customs & Border Protection, Calexico, CA
M.B. and Department of Homeland Security (ECAB 18-0624): Training injury claim remanded for medical review
A customs officer reported left shoulder pain after defensive tactics training. OWCP denied the claim on the factual incident question. The Board found that her account matched the employer and medical records, establishing that the training incident occurred. It set aside the denial and remanded…
D.J. and U.S. Postal Service, Post Office, Pasadena, CA
D.J. and U.S. Postal Service (ECAB 18-0593): Total disability from hip sprain denied
A postal carrier sought wage loss compensation for total disability after OWCP accepted a left hip sprain. His physician restricted work based on several hip diagnoses, but did not establish that the accepted sprain caused total disability for the claimed period. The Board affirmed OWCP’s denial.
L.F. and Department of Justice, Drug Enforcement Administration, Springfield, VA
L.F. and Department of Justice (ECAB 18-0530): Right knee injury claim denied
A DEA investigative assistant reported knee pain after bending to place a file in a low drawer. OWCP accepted the work incident but denied the injury claim. The Board found that a supportive physician did not explain how the movement caused or aggravated the diagnosed knee condition. It affirmed…
Secretary of Labor v. Rain for Rent
Tank-inspection and fuel-label citations affirmed
Rain for Rent provided liquid-handling services at a sand and gravel mine using a service truck equipped with an air receiver tank and fuel cans. Judge Priscilla Rae found that the tank lacked the required periodic inspection by a National Board-commissioned inspector and that a manufacturer's ASME…
Michael J. Morey v. Keystone Coal Mining Corporation
Morey v. Keystone Coal Mining (BRB 19-0188 BLA): denial of black lung benefits upheld
Michael Morey sought black lung benefits after more than 23 years of underground coal mine work. A judge denied the claim because the evidence did not establish a totally disabling respiratory impairment. The Board upheld the judge's reliance on a doctor's opinion that Morey could perform even…
Carol Templin on behalf of Paul R. Templin, Sr. v. Valley Camp Coal Company
Templin v. Valley Camp Coal (BRB 19-0146 BLA): black lung benefit award upheld
Carol Templin pursued her late husband's black lung claim after a judge awarded benefits on remand. Valley Camp Coal challenged the judge's finding that Paul Templin had at least 15 years of qualifying coal mine employment and argued that another operator should pay. The Board upheld the judge's…
Trillis H. Mullins v. M & M Coal Company, Incorporated
Mullins v. M & M Coal (BRB 19-0042 BLA): black lung benefit award upheld
Trillis Mullins won black lung benefits on a subsequent claim after a judge credited 34.5 years of underground coal mine work and found a disabling respiratory impairment. M & M Coal challenged its payment responsibility, the disability finding, rebuttal of the statutory presumption, and the…
A.S. and U.S. Postal Service, Post Office, Birmingham, AL
A.S. and U.S. Postal Service (ECAB 19-1689): Late reconsideration request denied
A postal carrier sought reconsideration of a denied lower back injury claim after the one-year filing period. The Board found that her request arrived more than one year after OWCP’s last merit decision. Her submissions did not show clear evidence that the merit decision was wrong. The Board…
K.T. and U.S. Postal Service, Post Office, Gaithersburg, MD
K.T. and U.S. Postal Service (ECAB 19-1436): Asthma claim returned for medical review
A postal disability compliance specialist attributed asthma to mold, dust, and other allergens at her worksites. Her physician explained why she could react to levels that an air quality study considered safe for most people. The Board found the reports insufficient to establish the claim outright…
K.M. and Department of State, Bureau of Overseas Building Operations, Arlington, VA
K.M. and Department of State (ECAB 19-1247): Lumbar aggravation claim denied
A State Department project manager reported lower back pain after sitting in a cramped airline seat during work travel. OWCP accepted the travel incident. The Board found that his medical evidence did not adequately explain how that incident aggravated his existing lumbar condition. It affirmed the…
K.B. and U.S. Postal Service, Post Office, St. Petersburg, FL
K.B. and U.S. Postal Service (ECAB 19-1243): Carpal tunnel and shoulder claims denied
A postal mail handler attributed wrist and shoulder conditions to repetitive work. The Board gave weight to OWCP’s specialist, who found no work-related basis for the claimed conditions. Her other physicians gave diagnoses but did not explain how specific job duties caused them. The Board affirmed…
O.S. and U.S. Postal Service, Post Office, Lake Mary, FL
O.S. and U.S. Postal Service (ECAB 19-1149): Wage earning capacity ruling remains in place
A postal clerk sought to change a wage earning capacity finding based on her limited duty lobby director job. Her physicians described shoulder problems and work restrictions. The Board found that they did not adequately explain why the accepted injury prevented her from performing the job used in…
P.F. and U.S. Postal Service, Processing & Distribution Center, Fort Worth, TX
P.F. and U.S. Postal Service (ECAB 19-0630): Inguinal hernia claim denied
A postal mail handler assistant attributed a right inguinal hernia to lifting and moving bulk mail. A physician stated that heavy lifting caused a work injury but did not explain the medical process or provide a diagnosis in that report. The Board found the evidence insufficient to connect the…
S.F. and Department of the Army, Madigan Army Medical Center, Joint Base Lewis-McChord, WA
S.F. and Department of the Army (ECAB 18-0516): Injury and reconsideration denials affirmed
An Army medical technician reported a leg and knee injury after a vehicle struck her in a crosswalk during an accepted work incident. The Board found that the submitted reports were from a nurse practitioner and physician assistant, and an x-ray report did not show physician review. It held that…
American Federation of Government Employees, Local 2228 and United States Department of the Air Force, 28th Force Support Squadron, Ellsworth Air Force Base, South Dakota
AFGE Local 2228 and Ellsworth Air Force Base (FLRA 0-NG-3439): Late petition dismissed
The Air Force served a written allegation that a union proposal was nonnegotiable, giving the union fifteen days to petition the Authority for review. The union completed its electronic filing one day late and said that technical problems had frustrated attempts to file on the deadline. The…
Social Security Administration, Office of Hearings Operations and International Federation of Professional and Technical Engineers, Association of Administrative Law Judges
SSA Office of Hearings Operations and AALJ (FLRA 0-AR-5476): Forty-seven-hearing remedy vacated
The Social Security Administration denied an administrative law judge's telework request because the judge proposed scheduling forty-seven hearings per month instead of fifty. An arbitrator found that the agency failed to make the individualized assessment required by the agreement and ordered…
Thomas M. Hoffman v. Keystone Coal Mining Corporation
Hoffman v. Keystone Coal Mining (BRB 19-0175 BLA): denial of black lung benefits upheld
Thomas Hoffman appealed a judge's denial of black lung benefits on a subsequent claim. The judge found a disabling respiratory impairment but did not find legal or clinical pneumoconiosis. Hoffman argued that earlier work for another employer should count toward his coal mine tenure, but the Board…
Jerry T. Lawless v. Lodestar Energy, Incorporated
Lawless v. Lodestar Energy (BRB 19-0143 BLA): black lung benefit award upheld
Jerry Lawless received a black lung benefits award after a judge found 25 years of underground coal mine work and accepted Lodestar Energy's concession that he was totally disabled by a respiratory impairment. Those facts triggered a statutory presumption that the disability was due to…
Larrick v. Bechtel National, Inc.
Nuclear-safety complaint dismissed as untimely
Mylon Larrick alleged that Bechtel National retaliated against him for raising nuclear-safety concerns. Bechtel told him on July 18, 2016, that he would be laid off later, and his employment ended on August 31. The Energy Reorganization Act's 180-day filing period began with the final notice on…
G.D. and Department of the Army, U.S. Army Corps of Engineers, Lake Isabella, CA
G.D. and Department of the Army (ECAB 19-1681): Left knee aggravation claim denied
An Army Corps construction control representative reported knee pain after sliding on loose footing down a steep grade at a worksite. OWCP accepted the incident. The Board found that his physician did not explain how the incident aggravated his existing knee conditions and described the connection…
R.H. and Department of Agriculture, Food Safety & Inspection Service, Minneapolis, MN
R.H. and Department of Agriculture (ECAB 19-1488): Late oral hearing request denied
A federal food inspector requested an oral hearing about a wage earning capacity decision. He mailed the request more than 30 days after that decision. The Board held that he had no hearing right after the deadline and that OWCP reasonably declined a discretionary hearing because reconsideration…
L.T. and U.S. Postal Service, Processing & Distribution Center, Indianapolis, IN
L.T. and U.S. Postal Service (ECAB 19-1215): Timely reconsideration request sent back
A postal equipment operator requested reconsideration of an occupational disease denial. OWCP treated the request as late and applied the clear evidence of error standard. The Board found that the request arrived within one year of the hearing representative’s decision and was timely. It set aside…
E.D. and U.S. Postal Service, Post Office, Fenton, MO
E.D. and U.S. Postal Service (ECAB 19-1172): Reconsideration denials require reasons
A former postal employee sought reconsideration of decisions concerning wage loss benefits after an accepted ankle injury. OWCP denied both requests as untimely without analyzing whether her supporting evidence showed clear error. The Board held that OWCP had to explain its findings and reasons. It…
D.T. and Department of Justice, Bureau of Prisons, Tucson, AZ
D.T. and Department of Justice (ECAB 19-1064): Shoulder disability claim sent for clarification
A prison maintenance worker claimed total disability before scheduled surgery for an accepted left shoulder injury. His physician said the shoulder condition prevented work but also discussed avoiding future injury. The Board found an uncontroverted inference of work-related disability requiring…
D.L. and Department of Homeland Security, Federal Air Marshal Service, Orlando, FL
D.L. and Department of Homeland Security (ECAB 19-0831): Physical therapy denial needs explanation
A federal air marshal requested physical therapy for accepted knee conditions. OWCP denied authorization but its decision lacked the referenced explanation. The Board held that the decision did not say why the medical evidence was insufficient. It remanded for a new decision with findings and…
B.R. and Department of Housing & Urban Development, Community Planning & Development Division, New Orleans, LA
B.R. and Department of Housing & Urban Development (ECAB 19-0372): Merit reconsideration requests denied
A housing agency employee sought reconsideration of a schedule award dispute. He repeated an earlier argument that he had not been compensated for a stated level of left leg impairment and resubmitted evidence already in the record. The Board found no qualifying new argument or evidence to reopen…
Keenan, Hopkins, Schmidt and Stowell Contractors, Inc., d/b/a KHS&S Contractors
Aerial-lift guardrail citation affirmed
KHS&S employees installed exterior drywall from an aerial lift about 60 to 80 feet above the ground. To reach around structural beams and ductwork, they repeatedly climbed onto and worked from the lift basket's guardrails while tied to self-retracting lanyards. The judge found that the aerial-lift…
H.N. and Department of Homeland Security, Customs & Border Protection, JFK International Airport, Jamaica, NY
H.N. and Department of Homeland Security (ECAB 18-0501): Suitable work refusal ends wage loss benefits
A customs employee with an accepted shoulder injury declined a limited duty inspectional aide position. The Board gave weight to restrictions set by an impartial specialist and found that the later offer of a seated job met them. The employing establishment offered the job, and OWCP found it…
E.M. and U.S. Postal Service, Rogers Park Post Office, Chicago, IL
E.M. and U.S. Postal Service (ECAB 18-0454): Continuation of pay and disability denied
A postal carrier sought continuation of pay and disability compensation after an accepted lumbar strain. He filed the required injury form more than 30 days after the incident, missing the continuation of pay deadline. The Board also found that his physicians did not adequately explain why the…
Social Security Administration and American Federation of Government Employees, Local 1164
Social Security Administration and AFGE Local 1164 (FLRA 0-AR-5531): Arbitration deadline extended
The parties' agreement required an invoked grievance to be heard within two and one-half years but allowed a six-month extension by mutual consent. After a long period without activity, the agency proposed bifurcating the deadline issue from the merits shortly before the original period expired…
United States Department of Veterans Affairs, Health Resources Center, Topeka, Kansas and American Federation of Government Employees, Local 906
VA Health Resources Center Topeka and AFGE Local 906 (FLRA 0-AR-5463): Removal exceptions dismissed
The VA mailed a removal notice shortly before an employee's probationary period ended, but the employee received it after the deadline. An arbitrator found that the agency had not acted reasonably and diligently to deliver the notice, treated the employee as having completed probation, and ordered…
Jack W. Steele v. Addington, Incorporated
Steele v. Addington (BRB 19-0216 BLA): denial of subsequent claim upheld
Jack Steele sought black lung benefits after an earlier claim had been denied for lack of proof of total disability. An initial award on his later claim was vacated, and the case returned for more medical evidence. On remand, Dr. Forehand submitted a supplemental opinion and deposition withdrawing…
Margie M. Cook v. Fray Resources, Incorporated
Cook v. Fray Resources (BRB 19-0115 BLA): survivor benefits upheld, payer issue remanded
Margie Cook sought survivor's black lung benefits after her husband Jimmy died. A judge found that Jimmy's 25.73 years of underground coal mine work and disabling respiratory impairment triggered a presumption that pneumoconiosis caused his death, and awarded benefits. The Board upheld the award…
Brown v. BWSR, LLC
DOE subcontractor excluded from ERA coverage
Laurent Brown alleged that BWSR fired him after he refused to give door-guard training that he believed would violate safety policies. The ALJ found that BWSR performed work at naval nuclear reactor facilities as a subcontractor under Executive Order 12344. The Energy Reorganization Act expressly…
Gino Morena Enterprises, LLC
Untimely arm's-length hearing request rejected
The Army and Air Force Exchange Service requested a hearing about whether a collective bargaining agreement between Gino Morena Enterprises and the Fort Bliss Barbers Association resulted from arm's-length negotiations. The request came after the regulatory deadline, and the Wage and Hour…
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.