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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S.C. and Department of the Air Force, Air National Guard, Raleigh, NC
19-0920 (ECAB): Cervical claim returned for specialist causation review
S.C. attributed a cervical disc condition to a February 2014 incident while jacking heavy equipment. His physician’s new reports suggested a connection but did not fully establish causation. The Board found they raised an uncontroverted inference that required OWCP to develop the record further. It…
B.K. and Department of the Air Force, Hill Air Force Base, UT
19-0829 (ECAB): Knee claim denial affirmed despite inconsistent wording
B.K. attributed left knee conditions to his federal work. The Board’s analysis concluded that his medical reports did not adequately explain how the accepted duties caused the conditions, and its order affirmed OWCP’s denial. The opening sentence of its analysis and its conclusion instead state…
J.A. and U.S. Postal Service, Medrano Station, Dallas, TX
19-0776 (ECAB): Intermittent wage-loss claim denied
J.A. sought wage-loss compensation for several days from December 2017 through September 2018 after an accepted injury. One physician’s note mentioned a flare-up but did not explain inability to work on the claimed day, and it did not address the later dates. The remaining evidence did not supply…
R.C. and Consumer Financial Protection Bureau, Southwest Region, Jacksonville, FL
19-0696 (ECAB): Emotional and cardiac claim reopened for merits review
R.C. sought reconsideration of a claim involving accepted work factors and a diagnosed cardiac condition. A new report from Dr. Cordero directly discussed whether the work factors caused or aggravated the condition. The Board found the report relevant to the reason OWCP denied the claim, although…
G.G. and Department of the Treasury, Bureau of Engraving & Printing, Fort Worth, TX
18-0373 (ECAB): Hearing-loss award denied for nonratable impairment
G.G. had an accepted hearing-loss condition but sought a schedule award. The only audiogram meeting the required testing protocols produced zero percent ratable loss in both ears. The Board also found tinnitus could not increase the rating when hearing loss itself was not ratable. It affirmed…
K.J. and Department of Veterans Affairs, Veterans Health Administration, Lyons, NJ
17-1851 (ECAB): Library workload claim returned for medical review
K.J., a VA library technician, reported stress after vacancies and staffing changes increased her library duties. The Board found evidence of compensable work factors tied to the performance of her job. It set aside OWCP’s denial and ordered consideration of whether medical evidence connected those…
J.T. and Department of Defense, Defense Commissary Agency, Scott Air Force Base, IL
17-1465 (ECAB): Two percent right-arm impairment award affirmed
J.T. sought a larger award for right-arm impairment related to accepted carpal tunnel syndrome. An examining internist and neurologist proposed a higher rating, but the Board found the supporting physical findings inadequately documented. It credited the second-opinion physician and medical…
VMP Tuning, Inc.
In re VMP Tuning, Inc. (EAB CAA Appeal No. 19-05C): $60,000 defeat-device settlement
VMP Tuning, Inc. sold aftermarket parts for Ford light-duty gasoline vehicles. EPA alleged that between January 1, 2014, and November 2, 2015, the company sold 1,409 tuners, 45 catalyst eliminator pipes, and 88 EGR eliminators, for a total of 1,542 defeat devices. The company admitted EPA…
More Power Tuning, LLC
In re More Power Tuning, LLC (EAB CAA Appeal No. 19-04C): $100,025 defeat-device settlement
More Power Tuning, LLC sold aftermarket parts for Ford and General Motors light-duty gasoline vehicles. EPA alleged that between January 1, 2014, and August 15, 2015, the company sold 3,220 tuners, 1,965 custom electronic-control-module tunes, and 84 catalyst eliminator pipes, for a total of 5,269…
Verna J. Kendrick v. Island Creek Coal Company and HealthSmart Casualty Claims Solutions
Kendrick v. Island Creek Coal (BRB 18-0491 BLA): later survivor claim dismissed
Verna Kendrick filed a later survivor benefits claim after an earlier denial. The labor judge granted the employer's summary judgment motion because the new claim did not establish a changed condition of entitlement. The Board agreed that there was no genuine dispute requiring a hearing and that…
United States Department of Labor, Office of Federal Contract Compliance Programs v. Patriot Steel, LLC
OFCCP v. Patriot Steel, LLC (DOL ARB 2019-0086): unopposed default judgment adopted
The Department of Labor's Office of Federal Contract Compliance Programs brought an Executive Order 11246 case against Patriot Steel. An ALJ issued a recommended decision and default judgment on July 25, 2019. No party filed exceptions, and the deadlines for exceptions or extensions expired. The…
L.S. and U.S. Postal Service, Post Office, Ridgewood, NY
19-0959 (ECAB): Termination of wage-loss and medical benefits affirmed
L.S. appealed OWCP’s termination of wage-loss compensation and medical benefits after an accepted December 2017 injury. The Board found that OWCP’s referral physician gave a well-reasoned opinion that the accepted conditions had resolved by August 14, 2018. It found the contrary treating reports…
L.L. and U.S. Postal Service, Post Office, Clinton, IA
19-0855 (ECAB): Seventeen percent right-arm impairment award affirmed
L.L. sought a schedule award greater than the 17 percent right upper extremity impairment OWCP had awarded. Her physician used an older edition of the impairment guides. The Board accepted the district medical adviser’s rating, which combined a 12 percent shoulder rating with a 6 percent wrist…
A.W. and U.S. Postal Service, Post Office, Syracuse, NY
19-0832 (ECAB): Standard rate for finger schedule award affirmed
A.W. sought an augmented rate for a schedule award issued in June 2018 for right ring finger impairment. She married in September 2017, after the award period of March 16 through 22, 2017. The Board held that the compensation rate was determined as of the date of maximum medical improvement, March…
J.H. and Department of the Air Force, Hill Air Force Base, Clearfield, UT
19-0513 (ECAB): Cervical condition claim returned for medical review
J.H. sought to expand an accepted injury claim to include cervical spine conditions as consequences of her right shoulder injury. Her treating physician and an OWCP referral physician disagreed about causation. The impartial specialist did not adequately explain why altered body mechanics from the…
D.W. and Social Security Administration, Western Program Service Center, Richmond, CA
19-0449 (ECAB): Emotional condition claim denied
D.W. sought compensation for an emotional condition that he attributed to a reported threat, alleged workplace harassment, and management actions. The Board found no corroborating evidence that the alleged threat or harassment occurred. It also found no proof of error or abuse in the employer’s…
A.L. and U.S. Postal Service, Post Office, San Bernadino, CA
19-0285 (ECAB): Disability claim for 2014 to 2016 denied
A.L. sought total disability compensation from May 21, 2014 through June 25, 2016 based on accepted cervical and lumbar conditions. The Board had rejected earlier evidence in a prior appeal. It found that the new medical reports did not explain whether those accepted conditions prevented him from…
D.C. and Department of the Navy, Pugent Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA
18-0314 (ECAB): Right-hand injury claim denied
D.C., a Navy welder, alleged that welding work caused a right hand condition. He did not describe the particular job duties or exposure he believed caused the condition, even after OWCP requested that information. The Board held that the record did not establish a specific employment factor. It…
United States Department of the Air Force, Pope Air Force Base, North Carolina and American Federation of Government Employees, Local 1770
Pope Air Force Base and AFGE Local 1770 (FLRA 0-AR-4830): Attorney-fee award upheld
An arbitrator found that Pope Air Force Base unlawfully implemented alternative work schedules and later awarded damages under the Back Pay Act and Fair Labor Standards Act. A subsequent fee award granted the union $627,062.93 in attorney fees and costs. The Authority dismissed renewed challenges…
Ernie Justice v. Kentucky Carbon Corporation and Liberty Mutual Insurance Company
Justice v. Kentucky Carbon (BRB 18-0452 BLA): benefits award affirmed without presumption
Ernie Justice sought black lung benefits after 10.66 years of coal mine work, too few for the 15-year presumption. The labor judge instead considered direct proof of lung disease, total disability, and causation. Kentucky Carbon challenged the medical evidence supporting those findings. The Board…
G.S. and Department of Health & Human Services, Claremore Indian Hospital, Claremore, OK
19-0996 (ECAB): Lumbar injury claim denied
G.S., a hospital nurse, sought compensation for a lumbar condition after falling from a chair at work in July 2018. The Board accepted that the incident occurred but found that her physicians did not explain how it caused the diagnosed conditions. Statements linking the condition to the fall based…
E.C. and Department of Homeland Security, Customs & Border Protection, San Diego, CA
19-0943 (ECAB): Training injury claim denied
E.C. alleged right shoulder and neck injuries during workplace training in October 2018. The Board found that he had not described how the injury occurred during the training exercise or supplied corroborating details after OWCP requested them. Medical records repeated the claim but did not…
M.C. and U.S. Postal Service, Post Office, Clearwater, FL
19-0744 (ECAB): Injury claim denied for lack of medical causation
M.C. sought compensation for an injury after an accepted October 2018 workplace incident. The Board found that several records lacked a legible physician signature, while one physician described pain without a valid diagnosis. Other medical records did not explain how the incident caused a…
M.G. and Department of Justice, Drug Enforcement Administration, Newark, NJ
19-0610 (ECAB): Recurrence of disability claim denied
M.G. sought compensation for a recurrence of disability related to an accepted April 2008 injury. The physicians discussed his neck and back conditions but did not adequately explain how the accepted injury caused the later disability. One opinion also linked disability to conditions that OWCP had…
M.S. and U.S. Postal Service, Post Office, Flushing, NY
19-0609 (ECAB): Two recurrence claims denied
M.S. claimed total disability beginning February 17 and July 17, 2017, from accepted cervical spondylosis. He did not show that his modified job duties had been withdrawn. The Board found that the medical evidence did not adequately explain why the accepted condition disabled him from that work on…
FabArc Steel Supply, Inc.
Lockout and forklift violations affirmed
FabArc Steel Supply manufactured fabricated steel products at its Oxford, Alabama facility. OSHA cited the company after an inspection found issues involving fall-protection training, hazardous-energy controls during motor removal, and a forklift operated with a broken horn and fluid leaks. The…
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Reno, NV
18-0920 (ECAB): Five percent leg impairment award affirmed
C.S. sought a schedule award greater than five percent impairment of her right lower extremity. The Board reviewed assessments of impairment related to her accepted lumbar conditions. It found the second opinion and district medical adviser’s assessments supported the five percent rating and did…
G.R. and U.S. Postal Service, Post Office, Washington Township, NJ
18-0493 (ECAB): Reconsideration of disability claim denied
G.R. asked OWCP to reconsider an earlier denial of total disability compensation following a right knee injury. His argument concerned whether the accepted claim should be expanded to include a torn meniscus and whether surgery should be authorized. The Board found that these arguments did not…
L.S. and U.S. Postal Service, Post Office, Fowler, OH
18-0367 (ECAB): Reconsideration of benefit termination denied
L.S. asked OWCP to reconsider the termination of benefits for accepted right wrist, thoracic, and lumbar sprains. The Board found that her request raised no new legal basis for merit review. A new medical report addressed possible cervical surgery, not the accepted conditions at issue in the…
M.O. and U.S. Postal Service, Post Office, Howell, NJ
18-0229 (ECAB): Neck and arm injury claim denied
M.O. sought compensation for cervical and left arm conditions after an accepted April 2017 work incident. The Board found that the medical evidence did not adequately connect those conditions to the incident. It also found that his later reconsideration request did not meet the requirements for…
Glen M. Childers v. North Star Mining, Incorporated and National Union Fire/Chartis
Childers v. North Star Mining (BRB 18-0517 BLA): disability findings sent back
Glen Childers filed a later black lung claim after 26 years of underground mine work. The labor judge denied benefits because he found no total respiratory disability. The Director and Childers appealed the handling of blood gas studies and medical opinions. The Board found that parts of the…
Edward Ray Ellis, Sr. v. Black Bear Mining, Incorporated
Ellis v. Black Bear Mining (BRB 18-0454 BLA): award remanded for rebuttal review
Edward Ellis received a black lung benefits award after the labor judge found 23 years of underground work and total respiratory disability. Black Bear Mining appealed the ruling that it had not rebutted the resulting presumption. The Board found that the judge appeared to apply the wrong test for…
Mary Caltagarone v. Kniseley Coal Company, Incorporated and American Mining Insurance Company
Caltagarone v. Kniseley Coal (BRB 18-0383 BLA): autopsy evidence sent back
Mary Caltagarone sought to reopen the denial of her late husband's black lung claim based on autopsy evidence of complicated pneumoconiosis. The labor judge rejected the request despite conflicting pathologist opinions about a lung lesion. The Board held that he had not resolved the doctors'…
M.G. and Consumer Financial Protection Bureau, Office of Human Capital, Washington, DC
19-0918 (ECAB): Respiratory condition claim denied
M.G. claimed that workplace conditions caused or worsened reactive airway disease and asthma. The Board accepted the identified employment factors but found the medical reports did not adequately explain how those exposures caused or aggravated her respiratory conditions. A diagnosis and a reported…
R.S. and Department of the Navy, Bureau of Medicine & Surgery, San Diego, CA
19-0830 (ECAB): Dental hygienist occupational injury claim denied
R.S., a dental hygienist, attributed a cervical disc condition to repetitive work motions and posture. OWCP asked him to describe the particular tasks and time spent on them, but the record lacked that information from him. The Board found that the factual work exposure had not been established and…
R.P. and U.S. Postal Service, Post Office, Norwood, MA
19-0743 (ECAB): Anxiety claim denied for lack of medical causation
R.P. claimed anxiety after an accepted December 2018 workplace incident. The Board found that the medical forms described a panic attack and prescribed treatment but did not explain whether the incident caused his anxiety. Without a reasoned medical opinion connecting the condition to work, the…
M.K. and U.S. Postal Service, Post Office, Greenfield, IN
19-0737 (ECAB): Upper-extremity schedule award denied
M.K. sought a schedule award for permanent impairment of both upper extremities. One physician reported 40 percent impairment of a right finger but did not provide examination findings or calculations under the applicable impairment guides. The Board found no probative medical rating under the…
S.J. and Department of the Navy, U.S. Naval Hospital, Patuxent River, MD
18-0966 (ECAB): Increased left-wrist award denied
S.J. sought a schedule award greater than the eight percent left upper extremity impairment previously paid for a wrist injury. The Board found that the district medical adviser properly applied the sixth edition of the impairment guides to the examination findings and rated current impairment at…
T.W. and U.S. Postal Service, Post Office, Houston, TX
18-0765 (ECAB): Two percent left-leg award affirmed
T.W. sought a schedule award greater than two percent impairment of her left lower extremity after a knee injury. Her physician proposed a higher rating, but OWCP’s second opinion examiner and district medical adviser found two percent impairment under the applicable guides. The Board found no…
B.C. and U.S. Postal Service, Circle Branch Post Office, Trenton, NJ
18-0661 (ECAB): Continuing disability claim denied
B.C. sought continuing disability or medical benefits after December 14, 2014, for an accepted right shoulder injury. Following an earlier remand, an impartial medical examiner concluded that she had recovered and could return to work. The Board found his opinion well grounded in the record and…
International Fire Protection, Inc.
Narrow scaffold-plank citation affirmed
International Fire Protection employees replaced sprinkler-system components inside a cooling tower about 40 to 50 feet above the ground. The crew used movable wood planks about 10 inches wide as working surfaces and walkways, and a foreman suffered a serious arm injury when a plank twisted and he…
H.L. and Department of the Navy, Military Sealift Command, Norfolk, VA
18-0233 (ECAB): Reconsideration of eye condition claim denied
H.L. asked OWCP to reopen a denied claim for eye conditions he attributed to federal employment. His reconsideration request offered no new legal argument and did not provide new medical evidence about causation. Additional information about his duties did not address the medical issue underlying…
M.H. and Department of Agriculture, Agricultural Research Service, New Orleans, LA
19-0906 (ECAB): Reconsideration of emotional condition claim denied
M.H. asked OWCP to reopen a denied emotional condition claim. The Board found that her request did not identify an erroneous legal ruling or present a new relevant legal argument. The submitted medical notes and statements did not warrant renewed review of the claim’s merits. It affirmed OWCP’s…
M.L. and U.S. Postal Service, New Dorp Post Office, Staten Island, NY
19-0784 (ECAB): Compensation overpayment and recovery affirmed
M.L. received compensation based on a full-time pay rate although she had worked 20 hours per week when injured. The Board upheld OWCP’s finding of a $5,645.29 overpayment for July 25 through November 10, 2017, while recognizing that she was without fault. It also upheld denial of a waiver because…
L.P. and U.S. Postal Service, Post Office, Bend, OR
19-0668 (ECAB): Wage-earning capacity modification claim remanded
L.P. asked OWCP to modify a prior loss of wage-earning capacity determination after his back condition allegedly worsened. OWCP obtained a second opinion but did not give the physician the description of the modified job underlying the earlier determination. The Board found that the opinion could…
K.K. and U.S. Postal Service, Post Office, Tampa, FL
19-0652 (ECAB): Schedule award denial returned for a reasoned decision
K.K. sought an increased schedule award for a right shoulder injury. OWCP argued that its October 2018 letter denying any additional rating was not an appealable final decision. The Board denied that dismissal motion because the letter made an adverse merits finding. It found that OWCP had not…
S.B. and U.S. Postal Service, Independence Annex, Charlotte, NC
19-0634 (ECAB): Hearing loss expansion claim remanded
S.B. asked OWCP to expand an accepted fall claim to include binaural hearing loss and other conditions. OWCP denied expansion as though the employment incident itself had not been established, although it had accepted injuries from that fall. The Board found that OWCP had not made findings about…
S.C. and Department of Veterans Affairs, Veterans Health Administration, Pittsburgh, PA
19-0576 (ECAB): Overpayment amount returned for recalculation
S.C. resumed full-time work in September 2018 while wage-loss compensation continued. The Board upheld OWCP’s finding that an overpayment occurred. It found that the stated amount could not be reviewed because OWCP had not determined whether she was entitled to compensation for later missed work…
F.V. and Department of Veterans Affairs, Veterans Administation Medical Center, Riviera Beach, FL
19-0006 (ECAB): Emotional condition claim denied
F.V. attributed an emotional condition to difficult relationships and an allegedly hostile office environment. The Board found that he gave no detailed account or corroborating evidence for the alleged difficult relationships and hostile environment. Without an established work factor, it did not…
T.T. and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL
18-0838 (ECAB): Lumbar injury claim denied
T.T., a nursing assistant, claimed back and leg injuries while turning a patient at work. The Board accepted the July 2017 incident but found that the medical reports did not adequately explain how it caused her diagnosed lumbar conditions. Reports of pain or spasm alone did not establish a…
John N. Woods v. Harry Pepper & Associates, Incorporated
Woods v. Harry Pepper & Associates (BRB 19-0333): settlement challenge rejected
John Woods settled a Longshore Act claim for a work-related back injury, then later sought to undo the settlement. He alleged fraud and duress, but the labor judge found no evidence supporting those claims and granted summary decision for the employer. The Board held that Woods had offered no…
Hu v. PTC, Inc.
China-based SOX retaliation claim dismissed
Hu Li Tao worked entirely in China for a Chinese subsidiary of U.S.-based PTC and alleged that reporting false sales orders led to his suspension and discharge. The Board held that Sarbanes-Oxley Section 806 does not apply outside the United States because Congress gave no clear indication of…
S.G. and U.S. Postal Service, Post Office, Merrifield, VA
19-0966 (ECAB): Missed telephone hearing treated as abandoned
S.G. requested a telephone hearing after OWCP denied her injury claim. OWCP mailed notice of the scheduled hearing, but she did not participate or contact the hearing office to explain her absence. The Board held that OWCP properly treated her hearing request as abandoned. It affirmed OWCP’s…
K.W. and U.S. Postal Service, Post Office, Townsend, MT
19-0870 (ECAB): Termination for refusal of suitable work reversed
OWCP terminated K.W.’s wage-loss compensation and schedule award entitlement after she did not report for an offered modified rural carrier job. She also had rheumatoid arthritis unrelated to the accepted shoulder injury. The Board found that OWCP’s medical assessment considered only her shoulder…
T.W. and U.S. Postal Service, Albert Thomas Station, Houston, TX
19-0786 (ECAB): Reconsideration of wage-loss denial refused
T.W. asked OWCP to reconsider its denial of wage-loss compensation for an accepted back injury. Her request did not explain why she disputed the earlier merits ruling or present a new relevant legal argument. The Board found that the material submitted did not satisfy the requirements for reopening…
R.F. and U.S. Postal Service, Processing & Distribution Center, Oakland, CA
19-0778 (ECAB): Arm impairment returned; leg award affirmed
R.F. sought larger schedule awards for his left upper and lower extremities. The Board found the left arm impairment record insufficient for a decision and ordered further medical review. It upheld the finding that he had no more than seven percent permanent impairment of the left leg. The Board…
H.K. and U.S. Postal Service, Los Angeles Network Distribution Center, Bell Gardens, CA
19-0429 (ECAB): Neck and back injury claim denied
H.K. alleged that lifting boxes at work caused neck and back conditions. The Board accepted the September 2018 workplace incident but found that the medical reports did not explain how it caused a diagnosed condition. It affirmed OWCP’s November 14, 2018 denial.
D.A. and U.S. Postal Service, Post Office, Edison, NJ
19-0314 (ECAB): Lower-extremity award returned for medical review
D.A. sought an additional schedule award for lower extremity impairment after an accepted back injury. New nerve testing showed bilateral L4 and L5 radiculopathies, but OWCP’s medical adviser evaluated only the left L5 finding using an older examination. The Board found that OWCP had not adequately…
J.V. and U.S. Postal Service, Post Office, Tampa, FL
19-0269 (ECAB): Bilateral arm award returned again
J.V. sought an additional schedule award for impairment of both upper extremities. On an earlier appeal, the Board found that OWCP had mislabeled a second opinion physician as impartial and needed to clarify whether new ratings duplicated prior awards. OWCP again gave that physician special weight…
K.P. and U.S. Postal Service, Post Office, Plainfield, IL
19-0209 (ECAB): Overpayment decision returned for missing records
OWCP found that K.P. forfeited compensation and owed an overpayment after allegedly failing to report self-employment. Its decision relied on an investigative report whose listed exhibits were not all included in the record sent to the Board. The Board could not verify the factual basis of the…
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.