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.I. and Department of the Navy, Naval Shipyard, Portsmouth, VA
19-0024 (ECAB): Late reconsideration sent back for clear-error review
S.I., a shipwright, sought reconsideration of a denied lower back injury claim. OWCP received his request more than one year after the relevant merits decision. The Board found the request untimely but concluded that OWCP had applied the wrong review standard. It set aside the April 25, 2018…
M.F. and U.S. Postal Service, Waterford Post Office, MI
18-1743 (ECAB): Disability denial remanded for omitted surgery approval
M.F., a rural carrier with an accepted right shoulder condition, claimed total disability beginning in December 2016. OWCP denied the claim without addressing its later authorization of her February 2017 shoulder surgery. The Board held that OWCP had to consider that approval when deciding whether…
E.B. and U.S. Postal Service, Macon Post Office, GA
18-1742 (ECAB): Timely reconsideration sent back for correct review
E.B. requested reconsideration after the Board had issued a merits decision on her wage-loss claim. OWCP treated her request as late and applied the clear-evidence-of-error standard. The Board found that the request arrived within one year of its own merits decision. It set aside OWCP’s August 29…
S.B. and U.S. Postal Service, Newport Post Office, WA
18-1686 (ECAB): Wage earning capacity modification request remanded
OWCP reduced S.B.’s compensation based on his earnings as an auto sales branch manager. He asked it to revisit that wage-earning-capacity determination and restore total wage-loss compensation. OWCP treated his filing as a reconsideration request and denied it under the wrong standard. The Board…
S.H. and U.S. Postal Service, Edison Post Office, NJ
18-1685 (ECAB): Timely reconsideration sent back for correct standard
S.H., a letter carrier, requested reconsideration after a Board merits decision on her injury claim. 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 its March 27, 2018 decision. It set aside OWCP’s July…
C.S. and U.S. Postal Service, Wood River Post Office, IL
18-0394 (ECAB): Four percent leg impairment award upheld
C.S., a former postal customer service supervisor, had an accepted lumbar sprain and a prior schedule award for four percent left leg impairment. He sought a larger award. The Board found that OWCP properly relied on the medical ratings that conformed to the applicable impairment guides. It…
N.R. and Department of Justice, Bureau of Prisons, Fort Dix, NJ
19-0591 (ECAB): Late reconsideration failed clear-error test
N.R. sought reconsideration of OWCP’s August 2017 decision on an increased schedule award. OWCP received the request more than one year after that decision. The Board rejected counsel’s claim that a medical rating and mailing issues showed clear error in the earlier decision. It affirmed OWCP’s…
J.C. and Smithsonian Institution, Personnel Security and Identification Office, Washington, DC
19-0542 (ECAB): Fingerprint machine injury claim denied
J.C. claimed that a fingerprint machine injured her forearm at work. A coworker said she heard the machine fall onto a desk, and a supervisor reported that security footage showed J.C.’s hand was not on the desk when it fell. The Board found those accounts inconsistent with J.C.’s description and…
M.M. and U.S. Postal Service, West Chester Post Office, PA
19-0491 (ECAB): Right knee surgery denial upheld
M.M. requested authorization for right knee surgery after an accepted work injury. His treating physician recommended the procedure but did not adequately explain why it treated the accepted conditions rather than preexisting arthritis. A medical adviser concluded that the surgery addressed…
K.R. and Department of Veterans Affairs, Office of Operations, Security, and Preparedness, Washington, DC
19-0477 (ECAB): Claimed workplace injury not established
K.R., a personnel security specialist, claimed an injury after an alleged workplace confrontation. OWCP asked him for details, but he did not return its questionnaire. The Board found inconsistencies between his account, the timing of medical care, and a witness statement that described an argument…
J.R. and U.S. Postal Service, Kearny Post Office, NJ
19-0206 (ECAB): Benefits termination reversed over unsuitable job offer
OWCP terminated J.R.’s compensation after he declined a modified mail handler job. His physician’s report and work-capacity form gave conflicting restrictions, including uncertainty about lifting, and OWCP did not obtain the clarification it requested. The Board found that OWCP had not established…
W.L. and Department of Veterans Affairs, Altoona VA Medical Center, PA
18-1192 (ECAB): Abandonment of suitable work upheld
W.L. left a modified security clerk position after OWCP had found it suitable for his medical restrictions. He sought to justify leaving on medical grounds and argued that he had a right to retire. The Board found that the medical submissions did not show he could not perform the offered job. It…
S.R. and U.S. Postal Service, Jackson Performance and Distribution Center, MS
17-1051 (ECAB): Contract mail driver’s federal employee status sent back for investigation
S.R., a contract driver employed by private contractor Triple J. Enterprises, sought benefits for an alleged injury while transporting mail. OWCP denied the claim on the ground that she was not an employee of the United States. The Board found that the record lacked enough information about her…
American Federation of Government Employees, Local 2198 and United States Department of Veterans Affairs Medical Center, Martinsburg, West Virginia
AFGE Local 2198 and Martinsburg VA Medical Center (FLRA 0-AR-5398): Untimely-grievance ruling upheld
An arbitrator found that AFGE Local 2198 had not filed its grievance within the deadline required by the parties' agreement. The union asked the Authority to set aside that procedural-arbitrability ruling as inconsistent with the agreement. After reviewing the record and its precedent on deference…
Secretary of Labor v. Richmond Sand & Stone, LLC
All on-site deaths require immediate reporting
An excavator operator at Richmond Sand & Stone's mine suffered a fatal heart attack unrelated to his work. The company learned of the event that afternoon but did not notify MSHA until the next morning. The Commission held that Part 50 expressly defines every death at a mine as an accident…
Investment Properties, L.L.C.
In re Investment Properties, L.L.C. (EAB TSCA Appeal No. 19-01): penalty reduced after sua sponte review
EPA alleged that Investment Properties, L.L.C. violated the Toxic Substances Control Act and the federal lead-based paint disclosure rules while leasing nine residential apartments. The Regional Judicial Officer issued a default order assessing an $82,896 civil penalty for 20 violations. The EAB…
Frank N. Lacanfora v. Ceres Marine Terminals, Incorporated
Lacanfora v. Ceres Marine Terminals (BRB 19-0414): appeal dismissed while modification proceeds
Ceres Marine Terminals appealed in Frank Lacanfora's Longshore case, then told the Benefits Review Board that it had filed a modification motion with the administrative law judge. The Board applied its rule requiring dismissal of an appeal without prejudice when modification is pending. It returned…
Charles J. Mattay v. U.S. Steel Mining Company Alabama
Mattay v. U.S. Steel Mining Company Alabama (BRB 18-0444 BLA): benefits denial affirmed despite legal pneumoconiosis finding
Charles Mattay sought black lung benefits after 14.48 years of coal mine employment. The administrative law judge found a totally disabling respiratory impairment and labeled his asthma or chronic obstructive pulmonary disease as legal pneumoconiosis, but denied benefits because Mattay had not…
Joan Harmon, on behalf of Robert W. Harmon v. Consolidation Coal Company and Consol Energy, Incorporated
Harmon v. Consolidation Coal Company (BRB 18-0436 BLA): benefits award affirmed after autopsy evidence was reassigned
Joan Harmon pursued her late husband Robert's black lung benefits claim after an earlier Board remand over how the judge had admitted autopsy evidence. On remand, the judge reopened the record so each side could redesignate its autopsy reports, admitted the claimant's chosen report, and let the…
F.C. and U.S. Postal Service, Baltimore Post Office, MD
19-0594 (ECAB): Lumbar condition claim denied for insufficient causation proof
F.C. sought compensation for a lumbar condition after an accepted October 2017 work incident. Her physicians said prolonged sitting and a heavy gun belt might have aggravated a bulging disc, but their reports did not give a firm, reasoned causal explanation. The Board found those opinions too…
D.Y. and U.S. Postal Service, Roseville Post Office, CA
19-0565 (ECAB): Late reconsideration failed clear-error standard
D.Y. asked OWCP to revisit a decision denying disability compensation. OWCP received his reconsideration request more than a year after the last merits decision. The Board found that the later medical reports did not show on their face that OWCP’s earlier ruling was erroneous. It affirmed OWCP’s…
T.H. and U.S. Postal Service, Gary Processing and Distribution Center, IN
19-0436 (ECAB): Total disability and reconsideration denials upheld
T.H. sought compensation for total disability beginning in May 2016 after an accepted work injury. The Board found that her medical evidence did not establish ongoing total disability from the accepted condition. Her later reconsideration request provided no new relevant legal argument or medical…
A.T. and U.S. Postal Service, Tampa Processing and Distribution Center, FL
19-0410 (ECAB): Intermittent disability claim denied for lack of medical proof
A.T. sought wage-loss compensation for several periods between March and June 2017 following an accepted work injury. Her later medical reports imposed restrictions but did not address the claimed dates or explain that the accepted conditions caused disability then. The Board found the record…
J.P. and U.S. Postal Service, Morrison Post Office, IL
19-0303 (ECAB): Shoulder injury denial upheld with claim reclassification
J.P. attributed a left shoulder strain to factors of her postal work. The Board found that the medical reports did not adequately explain a causal link between those duties and the diagnosed condition. It upheld OWCP’s July 31, 2018 denial on the evidence, while directing OWCP to reclassify the…
B.R. and Department of Veterans Affairs, Veterans Canteen Service, Washington, DC
19-0088 (ECAB): Suitable work refusal termination upheld
B.R. declined a modified food service worker position offered after her accepted injury. OWCP found the job medically and vocationally suitable and ended her monetary benefits effective November 16, 2017. The Board found that OWCP followed the required procedures and that the submitted medical…
E.D. and U.S. Postal Service, Murray Hill Station, New York, NY
18-1753 (ECAB): Overpayment decisions set aside for requested hearing
OWCP determined that E.D. had received an overpayment and issued a preliminary notice explaining her response rights. She promptly requested a telephone conference, but OWCP issued a final decision without holding it and later denied her hearing request. The Board found that she had not been given…
M.B. and Department of the Army, Edgewood Chemical Biological Center, MD
18-1290 (ECAB): Missing evidence requires reconstructed record
M.B. appealed OWCP’s denial of a traumatic injury claim. OWCP had relied on a supervisor’s statement and a supporting agenda, but neither item was included in the record sent to the Board. The Board found that it could not review the decision on an incomplete record. It set aside the December 19…
A.R. and Department of Veterans Affairs, Alvin C. York VA Medical Center, Murfreesboro, TN
18-0924 (ECAB): Training injury incident established; medical issue remanded
A.R. reported a shoulder injury during required physical training while traveling for work. OWCP had rejected her account of the incident and later denied reconsideration. The Board found that the training incident occurred in the performance of duty and set aside OWCP’s October 12, 2017 decision…
United States Department of Veterans Affairs, Member Services Health Resource Center and American Federation of Government Employees, Local 906
VA Member Services and AFGE Local 906 (FLRA 0-AR-5456): Screen-break award upheld
VA contact representatives perform most of their call-center work using computer display terminals. Their agreement provides a ten-minute break for every hour an employee uses a display terminal, but the agency denied requests unless employees had stared continuously at a screen for an hour. An…
P.D. and U.S. Postal Service, Post Office, Coppell, TX
19-0600 (ECAB): Dog bite injury claim denied without physician evidence
P.D., a postal carrier, reported a dog bite while delivering mail. OWCP accepted that the work incident occurred and asked him for a physician’s diagnosis and causal explanation. He submitted a claim form and a nurse’s report, but no physician evidence establishing an injury caused by the incident…
L.E. and Department of Veterans Affairs, Hudson Valley Health Care System, Montrose, NY
19-0470 (ECAB): Injury claim and merit-reconsideration denials upheld
L.E., a nursing assistant, reported being struck by a patient at work. The Board found that the medical reports did not adequately establish a diagnosed condition caused by the accepted incident. His later reconsideration request supplied no new relevant evidence or argument requiring merit review…
D.H. and U.S. Postal Service, Post Office, Chicago, IL
19-0384 (ECAB): Life insurance premium overpayment and recovery upheld
OWCP had not deducted D.H.’s elected postretirement basic life insurance premiums from her compensation, creating a $1,325.75 overpayment. Although it found her without fault, she did not provide the financial information needed to consider waiver of recovery. Her hearing request came after OWCP…
C.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Loma Linda, CA
19-0241 (ECAB): Wage loss termination reversed over uncertain job status
C.C. received wage-loss compensation after an accepted back injury. OWCP ended those benefits based on earnings it said she would have received from a temporary limited-duty assignment. The Board found that the job offer and surrounding record did not establish that the offered position was…
J.D. and Department of the Air Force, Tinker Air Force Base, OK
18-1355 (ECAB): Schedule award claim remanded for complete medical record
J.D. sought a larger schedule award for permanent impairment of his arms and legs. OWCP sent its medical examiners a statement of accepted facts that omitted accepted conditions relevant to the complex claim. The Board found that the incomplete statement undermined the medical review. It set aside…
R.C. and Department of the Navy, Supervisor of Shipbuilding, Conversion & Repair, Newport News, VA
18-1146 (ECAB): Knee injury claim denied for lack of causal explanation
R.C. reported knee pain after stepping into a hole at work. His physician diagnosed several knee conditions and linked them to the incident, but did not explain the medical basis for that link. The Board found the gap especially significant given R.C.’s preexisting knee condition. It affirmed…
J.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Hampton, VA
18-0664 (ECAB): Wrist injury and late written-record review denials upheld
J.T., a registered nurse, injured her right wrist while turning a patient. OWCP accepted that the work incident occurred, but denied the injury claim. The Board found that her physician did not adequately explain how the incident caused or aggravated her wrist conditions, including preexisting…
D.J. and U.S. Postal Service, Post Office, Southaven, MS
18-0200 (ECAB): Total disability claim denied for lack of medical explanation
D.J., a rural mail carrier, sought wage loss for periods in 2016 following an accepted shoulder and spine injury. Her physicians took her off work, but did not explain how the accepted conditions caused total disability during those dates. Some reports also discussed conditions OWCP had not…
C.D. and U.S. Postal Service, Post Office, Freehold, NJ
19-0611 (ECAB): Additional spine and shoulder conditions not established
C.D. sought to add shoulder and spine conditions to her accepted claim after a fall at work. The new medical report discussed a right arm condition, but did not address the left shoulder and spine conditions at issue in this appeal. The right arm question remained pending before a different OWCP…
J.L. and Department of the Air Force, Hickam Air Force Base, HI
19-0586 (ECAB): Merit reconsideration denials upheld
J.L. asked OWCP twice to reconsider its earlier decision about his accepted injury. His counsel repeated objections to the medical opinions OWCP had relied upon, and the new physician reports repeated prior conclusions. The Board found no new relevant argument or evidence requiring a merit review…
E.B. and Department of the Army, Installation Management Command, Fort Bragg, NC
19-0530 (ECAB): Arm impairment claim remanded for proper rating
E.B. sought a schedule award greater than the eight percent already awarded for each arm. OWCP’s medical adviser used a diagnosis-based rating for elbow sprains without also calculating the permitted range-of-motion rating. OWCP also had not explained whether the current rating duplicated earlier…
J.M. and Department of Health & Human Services, National Institutes of Health, Bethesda, MD
19-0478 (ECAB): Disability and additional condition claims denied
J.M. sought wage loss after an accepted knee injury and asked OWCP to add spinal stenosis, spondylolisthesis, and sacroiliac osteoarthritis to the claim. Her physician took her off work but did not explain how the accepted knee conditions caused total disability. The medical reports also lacked a…
M.C. and U.S. Postal Service, Post Office, Brooklyn, NY
19-0473 (ECAB): Claimed stairway fall lacked enough factual detail
M.C. reported a wrist injury from falling down steps while carrying a box. The claim form gave little detail about the incident, and he did not answer OWCP’s request for more facts. The Board found that the evidence did not establish the event at the time, place, and in the manner alleged. It…
B.P. and U.S. Postal Service, Post Office, Lincoln, NE
19-0306 (ECAB): Conflicting accounts defeat ankle injury claim
B.P. claimed an ankle injury from stepping on uneven ground during postal work. The history he first gave a physician placed the incident at a different time and location, before work. The Board found those accounts inconsistent and the supporting statements insufficient to resolve the conflict. It…
S.T. and U.S. Postal Service, Processing & Distribution Center, Long Beach, CA
18-1144 (ECAB): Termination of knee injury benefits reversed
OWCP ended S.T.’s benefits after a medical examiner said his right knee condition was degenerative rather than work related. The accepted claim, however, included osteoarthrosis in both lower legs. The examiner had not assessed whether that accepted condition had ended. The Board found his report…
J.C. and U.S. Postal Service, Post Office, South Holland, IL
18-0649 (ECAB): Related injury files must be combined before decision
J.C. claimed that postal duties worsened pain in her back, leg, and shoulder. Her current file omitted medical records from earlier accepted injury claims involving overlapping body parts. The Board found that it could not fairly review the claim without those records. It set aside OWCP’s December…
V.H. and U.S. Postal Service, Post Office, Wilmington, DE
18-0456 (ECAB): Recurrence of disability claim denied
V.H. sought wage loss for a 2015 period after returning to limited postal work following an accepted injury. Her doctor imposed new restrictions but did not explain how the accepted conditions worsened or prevented her from performing that job. The Board found the medical evidence insufficient to…
National Treasury Employees Union and United States Department of the Treasury, Internal Revenue Service
NTEU and IRS (FLRA 0-NG-3408): Holiday credit-hours proposal rejected
NTEU proposed allowing employees on flexible schedules to earn credit hours while working during the same holiday hours for which they received holiday pay. Federal law defines credit hours as hours worked in excess of an employee's basic work requirement. The Authority found Office of Personnel…
Department of the Treasury, Internal Revenue Service, Office of the Chief Counsel and National Treasury Employees Union
IRS Office of Chief Counsel and NTEU (FLRA WA-CA-17-0280): Delayed information response violated statute
NTEU requested performance-award information while preparing for mediation-arbitration over a successor agreement. The IRS Office of Chief Counsel did not substantively respond for about seven weeks, despite a contract provision contemplating notice within fifteen days and a follow-up request from…
Jordan Development Company, L.L.C.
In re Jordan Development Company, L.L.C. (EAB UIC Appeal Nos. 18-06, 18-07, 18-08, and 18-09): UIC permit review denied
Four petitioners challenged EPA Region 5's Class II Underground Injection Control permit for Jordan Development Company's Grove #13-11 oil well in Michigan. Their arguments addressed environmental justice, induced seismicity, rock fracturing and dissolving, injection volume and pressure, the area…
American Federation of Government Employees, National Council of EEOC Locals No. 216 and United States Equal Employment Opportunity Commission
AFGE Council of EEOC Locals and EEOC (FLRA O-NG-3423): Late petition dismissed
AFGE and the EEOC were negotiating a table of disciplinary penalties when the agency declared three union proposals nonnegotiable. The union did not petition within fifteen days, later withdrew the proposals, made revisions, and asked the agency to respond again. The Authority found that the…
L.G. and Department of Defense, National Security Agency, Fort Meade, MD
19-0142 (ECAB): Termination of injury benefits upheld
L.G. challenged the end of benefits for an accepted 2014 injury. The Board found that OWCP’s medical evidence supported its conclusion that the accepted injury no longer caused disability or residuals by August 31, 2015. The later medical reports did not adequately explain a continuing causal…
Elizabeth Powell v. Service Employees International, Incorporated
Elizabeth Powell v. Service Employees International (BRB 18-0557): vaccine causation denial returned for review of medical opinions
Elizabeth Powell received an influenza vaccine while working in Iraq and later developed neuromyelitis optica. She claimed that the vaccine caused her condition under the Defense Base Act. An administrative law judge found that the employer had rebutted the statutory work-causation presumption and…
Estabrook v. Federal Express Corporation
Pilot grounding not caused by protected activity
FedEx pilot Mark Estabrook refused to fly through thunderstorms, filed an OSHA complaint, and later raised concerns about terrorists using public package-tracking data. The Board affirmed that the refusal and OSHA filing were protected and that FedEx's temporary groundings and medical-evaluation…
A.A. and Department of Justice, Bureau of Prisons, Honolulu, HI
19-0939 (ECAB): Schedule award reconsideration refusal upheld
A.A. had received a schedule award for impairment of her right leg and asked OWCP to consider an award for her left leg. She had not supplied a new impairment rating or other medical evidence showing additional impairment. The Board held that her request did not meet the requirements for merit…
R.R. and Department of the Army, TACOM FMX, Fort Leonard Wood, MO
19-0714 (ECAB): Repetitive-work hand condition claim denied
R.R., a small arms repairer, attributed hand conditions to repetitive weapons work. His physician stated that the work caused bilateral carpal tunnel syndrome but did not identify the specific duties or explain the medical mechanism. Other reports supplied no causal opinion. The Board affirmed…
M.B. and U.S. Postal Service, Post Office, Clearwater, FL
19-0540 (ECAB): Schedule award denied before maximum medical improvement
M.B. sought a permanent impairment award for accepted spine and foot conditions. His physician reported that he had not reached maximum medical improvement, and the record showed continuing treatment and planned surgery. The Board held that permanent impairment could not yet be determined for a…
B.S. and U.S. Postal Service, Post Office, Kansas City, KS
19-0524 (ECAB): Workplace fall established; medical issue remanded
B.S. claimed a right knee injury after tripping over a workplace barrier. Her supervisor and a witness gave consistent descriptions of the fall. The Board found that the incident occurred as alleged, set aside OWCP’s October 5 and November 16, 2018 decisions, and sent the claim back for review of…
V.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Baltimore, MD
19-0500 (ECAB): Fall injury claim denied for lack of firm diagnosis
V.B. reported falling at work when her foot caught on a floor mat. OWCP accepted the incident, but her physician’s report described pain, spasm, and unspecified injuries without a firm diagnosis. A physician assistant’s report could not supply the required medical opinion under FECA. The Board…
S.C. and U.S. Postal Service, Post Office, Cincinnati, OH
19-0479 (ECAB): New injury account requires merit reconsideration
S.C. sought reconsideration after OWCP denied her hip injury claim. A newly submitted physician report gave a detailed account of how the claimed injury happened, addressing a factual gap in OWCP’s earlier decision. The Board found that OWCP should have reopened the claim for merit review. It set…
T.O. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
18-0659 (ECAB): Hearing loss award remanded for tinnitus explanation
T.O. appealed OWCP’s assessment of his permanent hearing impairment. An examiner added five percent for tinnitus, but did not explain how tinnitus affected daily living, as the rating method required. Because OWCP had sought the examiner’s opinion, the Board directed it to obtain a supplemental…
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.