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.M. and Department of the Air Force, Kirtland Air Force Base, NM
Hearing loss did not qualify for a schedule award
J.M., an Air Force vehicle inspector, sought a schedule award for hearing loss. OWCP’s medical adviser applied the required hearing loss formula to his audiogram. Both ears fell below the threshold for ratable impairment. The Board affirmed denial of a schedule award.
N.H. and Department of Veterans Affairs, Veterans Health Administration, Cleveland, OH
Right arm impairment rating returned for method review
N.H., a VA employee, sought a schedule award above six percent right arm impairment. The Board found OWCP had applied the impairment guide inconsistently when choosing between diagnosis and range of motion methods for upper extremity ratings. It set aside the award decision and returned the rating…
V.G. and Department of the Navy, Bremerton, WA
Increased hearing loss award denied
V.G., a Navy pipefitter, previously received an award for work related hearing loss and claimed a later increase after more noise exposure. The Board found the medical evidence did not link the claimed additional loss to that exposure. It also upheld OWCP’s refusal to reopen the claim on…
Eugene F. Elkins v. Dickenson-Russell Coal Company and AIG Property Casualty Company
Elkins v. Dickenson-Russell Coal (BRB 17-0461 BLA): benefits award affirmed
Eugene Elkins filed a later black lung benefits claim after a previous denial. The judge credited twenty-five years of coal mine work, found complicated pneumoconiosis, and awarded benefits under the irrebuttable presumption. Dickenson-Russell Coal argued that medical opinions identifying the lung…
Margie Napier (widow of Elhannon Napier) v. Star Fire Coals, Incorporated and Old Republic Insurance Company
Napier v. Star Fire Coals (BRB 17-0149 BLA): reconsideration denied and fees awarded
Star Fire Coals asked the Board to reconsider its earlier decision affirming Margie Napier's black lung survivor benefits. No panel member voted to change that decision, and the Board denied reconsideration. Napier's lawyers also requested $4,793.75 for their work before the Board. The Board…
James E. Duty v. LBJ Energy, Incorporated and Liberty Mutual Insurance Company
Duty v. LBJ Energy (BRB 16-0266 BLA): pause request moot and remand declined
LBJ Energy asked the Board to pause an ongoing black lung benefits appeal until the Supreme Court decided Lucia v. SEC. The Supreme Court had issued its decision by the time the Board ruled, making the pause request moot. The company also sought a remand based on a challenge to how Department of…
Franchini v. Argonne National Laboratory
Nuclear-safety retaliation dismissal affirmed
Felipe Franchini alleged that Argonne National Laboratory terminated him because of workplace safety and radiation complaints protected by the Energy Reorganization Act. The Board concluded that some of his secret recordings also qualified as protected activity because they concerned safety issues…
Micallef v. Harrah's Ricon Casino & Resort
SOX protected-activity claim rejected
Patricia Micallef alleged that Harrah's Rincon Casino and Resort violated Sarbanes-Oxley by firing her after she reported a work injury, fire hazards near oxygen tanks, and alleged misappropriation of employee tips. The Board considered whether those disclosures were protected by the statute. It…
R.H. and U.S. Postal Service, Processing and Distribution Center, Philadelphia, PA
Recurrence of disability claim returned for a reasoned medical opinion (ECAB 17-1903)
R.H., a postal mail handler with accepted bilateral carpal tunnel syndrome, claimed that he became totally unable to work in July 2004. OWCP denied the claimed recurrence of disability after an impartial physician said R.H. could still perform limited duty. The Board found that the physician gave…
C.C. and U.S. Postal Service, Post Office, Dallas, TX
Board upholds denial of carrier’s right foot injury claim (ECAB 17-1722)
C.C., a postal city carrier, reported pulling a muscle in her right foot while walking up a hill at 5:00 a.m. in July 2016. An emergency physician diagnosed Achilles tendinitis the next day. Her regular work shift began at 8:00 a.m., and OWCP asked her to explain what work she was doing at the…
R.M. and Department of the Air Force, Warner Robins Air Force Base, Warner Robins, GA
Board upholds denial of stress claim over parking dispute (ECAB 17-1492)
R.M., an Air Force equipment specialist, attributed stress and depression to disputes over a reserved parking space at work. He said other drivers used the space, he received parking tickets, and management revoked the reservation. The Board treated the parking matter as an administrative function…
G.A. and U.S. Postal Service, Post Office, Cleveland, OH
Board upholds denial of letter carrier’s left foot claim (ECAB 17-0865)
G.A., a postal letter carrier, claimed that overuse of his left foot after a right Achilles injury caused tendinopathy. His employer reported that he was away from work on the date he said the left foot condition began. OWCP asked him to identify the specific work factors he believed caused the…
D.J. and U.S. Postal Service, Post Office, Santa Clara, CA
Board upholds refusal to reopen mail carrier’s foot injury claim (ECAB 17-0857)
D.J., a mail carrier, reported left foot pain while delivering mail in April 2015. OWCP denied his injury claim, then refused to reopen it after he requested reconsideration. He submitted medical reports addressing a separate occupational disease claim and a diagnostic study that did not connect…
B.M. and Department of the Army, Directorate of Emergency Services, Fort Hood, TX
Army employee’s fall injury claim returned for medical development (ECAB 17-0796)
B.M., an Army emergency service dispatcher, reported neck, back, shoulder, and knee injuries after slipping on an icy walkway while leaving work in January 2014. OWCP accepted that the fall occurred but denied his claim for lack of medical evidence linking the diagnosed conditions to it. A…
M.D. and U.S. Postal Service, Post Office, Jamaica, NY
Board upholds denial of M.D.'s shoulder injury claim (ECAB 17-0478)
M.D., a postal mail handler, reported right shoulder pain after lifting a tray at work in December 2015. An MRI showed a partial rotator cuff tear, but the imaging reports did not explain its cause. The Board treated her chiropractor as a physician for spinal subluxations shown by x-ray but found…
B.W. and U.S. Postal Service, Post Office, Glenside, PA
Board upholds denial of late reconsideration of B.W.'s recurrence claim (ECAB 17-0182)
B.W., a Postal Service letter carrier, had an accepted back injury and later claimed a recurrence of disability while working light duty. OWCP denied that claim in 2012 and declined to change its decision in 2014. She requested reconsideration in March 2016, outside the one-year window, arguing…
AltairStrickland, LLC
All citation items vacated
AltairStrickland was removing a 24,000-pound heat exchanger at an ExxonMobil refinery when a pipe fell, killing one crew member and injuring the foreman. OSHA alleged that the company failed to provide required training and violated crane and rigging standards. The judge found that OSHA rules did…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and NATCA (FLRA 0-AR-5287): Experienced-controller pay award vacated
The FAA agreement gave a higher starting rate to a military or DOD civilian controller with fifty-two consecutive weeks of experience as a certified controller. The FAA mistakenly hired an applicant who maintained Air National Guard certification by performing at least three hours of controller…
KT Performance, Inc.
In re KT Performance, Inc. (EAB CAA Appeal No. 18-06C): consent agreement ratified
The EPA EAB order concerns KT Performance, Inc. The two-page release does not describe the underlying alleged violation or the specific obligations in the incorporated Consent Agreement. The Board incorporated the Consent Agreement into its Final Order and ratified it under EPA's Consolidated Rules…
V.J. and U.S. Postal Service, Post Office, Carol Stream, IL
Board upholds denial of knee injury claim after cart incident (ECAB 18-0452)
V.J., a postal general expeditor, twisted her left knee after stepping into a floor divot while pushing a mail cart. OWCP accepted that the incident happened but denied her injury claim. A physician said the twisting motion aggravated arthritis in the knee, but the Board found that she had not…
T.L. and Department of the Air Force, U.S. Air Force Academy, Colorado Springs, CO
Long-term wage-loss claim remanded for work-duty evidence (ECAB 17-1391)
T.L., a waitress at the Air Force Academy, claimed wage-loss compensation over several years after a low back injury from lifting a trash bag at work. OWCP accepted lumbar conditions but denied the wage-loss claim, saying the record lacked evidence addressing the claimed period. The Board found…
M.W. and U.S. Postal Service, Post Office, Cleveland, OH
Board upholds denial of neck and shoulder injury claim (ECAB 17-0858)
M.W., a postal technician, tripped on netting while retrieving a tool at work and reported pain in his neck and left shoulder. OWCP accepted that the fall occurred but denied his injury claim. A physician diagnosed a neck strain and shoulder sprain and said they followed the fall, but did not…
N.A. and U.S. Postal Service, Post Office, Syracuse, NY
Board upholds recovery of duplicate arm impairment payments (ECAB 17-0794)
N.A., a postal mail processing clerk, received schedule awards under several claims involving his right arm. OWCP found that two later payments duplicated impairment already compensated and totaled $10,565.06. The Board agreed that the awards for the same arm could not simply be added together. It…
W.F. and U.S. Postal Service, Processing and Distribution Center, Akron, OH
Shoulder impairment award returned for a uniform rating (ECAB 17-0646)
W.F., a postal mail handler, injured his right shoulder while moving a loaded pallet. OWCP granted a schedule award for four percent permanent impairment of his right arm, while his physician had rated it at 10 percent. The Board found that OWCP had applied inconsistent methods for rating upper…
D.P. and U.S. Postal Service, Post Office, Washington, DC
Board upholds denial of city carrier’s left foot claim (ECAB 17-0391)
D.P., a postal city carrier assistant, reported injuring his left foot while descending steps at work in July 2016. OWCP accepted that the incident occurred but denied his injury claim. An orthopedic surgeon diagnosed a foot sprain and an avulsion of the talar neck, yet did not give an opinion…
M.H. and U.S. Postal Service, Post Office, Stone Mountain, GA
Board upholds compensation termination after refusal of suitable work (ECAB 17-0210)
M.H., a postal city carrier, had accepted knee injuries and later underwent knee replacement surgery. The Postal Service offered her a full-time sedentary position involving telephone and computer work. She declined, citing restrictions on driving and sitting related to her back condition. The…
United States Department of the Treasury, Internal Revenue Service, Austin, Texas (Agency) and National Treasury Employees Union, Chapter 52 (Union)
IRS Austin and NTEU Chapter 52 (FLRA 0-AR-5209): Appraisal and retaliation award vacated
An IRS employee was suspended and removed after an off-duty vehicle crash that killed her granddaughter and a later manslaughter conviction. Earlier arbitration awards reversed those actions for lack of a service nexus, restored her employment, and found an earlier period of retaliation; the…
T.P. and U.S. Postal Service, Post Office, St. Louis, MO
Shoulder impairment award returned for comparison of rating methods (ECAB 18-0460)
T.P., a postal employee, injured her left shoulder lifting a package at work. OWCP awarded a schedule benefit for two percent permanent impairment of her left arm, while her physician rated impairment higher using shoulder range of motion. The Board found that the applicable AMA Guides allowed both…
D.R. and Department of the Army, Medical Command, Fort Benning, GA
Board upholds refusal to reopen Army cook’s shoulder claim (ECAB 18-0357)
D.R., an Army cook leader, reported a left shoulder injury after pulling out a chair at work. OWCP denied his claim, then refused to reopen it after he requested reconsideration without submitting new evidence or argument. The Board found that the request met none of the conditions for a merits…
N.M. and U.S. Postal Service, Post Office, Brooklyn, NY
Board upholds refusal to reopen shoulder injury claim (ECAB 18-0354)
N.M., a postal mail processor, sought benefits for a left shoulder condition after pain developed during computer and package work in May 2016. OWCP denied the injury claim, then refused to reopen it on reconsideration. The Board found that the new submissions repeated earlier medical opinions and…
A.D. and U.S. Postal Service, Mountain Station, Killeen, TX
Board upholds denial of wage loss after accepted concussion (ECAB 18-0255)
A.D., a postal rural carrier, sustained an accepted concussion when she struck her head on a mailbox while delivering mail. She sought compensation for time away from work through January 2016. The Board excluded the initial period covered by continuation of pay and reviewed the claimed wage loss…
R.B. and Department of Veterans Affairs, Veterans Health Administration, North Chicago, IL
Board upholds injury denial and late record-review refusal (ECAB 18-0203)
R.B., a Veterans Affairs medical technician, reported a rash and illness after a workplace exposure in June 2016. OWCP accepted that the reported incident occurred but denied the injury claim because she had submitted no medical evidence before its decision to establish a diagnosis and causal link…
D.H. and U.S. Postal Service, Post Office, Detroit, MI
Board upholds wage-loss denial and refusal to reopen claim (ECAB 17-0565)
D.H., a postal transportation supervisor, sought compensation for four days away from work after a flare of right shoulder pain. OWCP had accepted a shoulder and upper arm sprain from a 2014 workplace assault. Her physician advised rest after treating the shoulder, but the Board found his reports…
D.H. and U.S. Postal Service, Post Office, Akron, OH
Arm impairment award affirmed in part and returned for shoulder rating (ECAB 17-0530)
D.H., a postal letter carrier, received a schedule award for one percent right arm impairment after accepted neck and right shoulder conditions. He sought a higher award based on a physician’s seven percent rating. The Board found that the record did not establish permanent arm impairment from the…
F.O. and U.S. Postal Service, Post Office, Palatine, IL
Signed order affirms denial of shoulder impairment award (ECAB 17-0207)
F.O., a postal rural carrier, sought a right arm impairment award after a work-related motor vehicle accident injured his shoulder. His physician rated right arm impairment at 11 percent, but OWCP denied the award after its medical adviser found no lasting impairment from the accepted contusion…
Secretary of Labor v. Oil-Dri Production Company
Housekeeping and equipment citations produced $12,483 penalty
MSHA issued 14 citations at Oil-Dri's Mississippi clay-processing mine, principally for housekeeping accumulations, dust-truck defects, inadequate lighting, and a missed workplace examination. Judge L. Zane Gill vacated the fire-extinguisher-record citation, recorded Oil-Dri's acceptance of a…
Michael Sandrey v. Electric Boat Corporation
Interlocutory appeal dismissed
Michael Sandrey appealed a judge's interim ruling in his Longshore Act claim. The Board found that the ruling could be reviewed after a final compensation order and that no reason justified immediate review. It granted the Director's motion to dismiss the appeal. The underlying claim remained…
Jerry A. Jarrett, Sr. v. CP&O, LLC
Jerry A. Jarrett, Sr. v. CP&O (BRB 17-0384R): negligent driving did not prove intent to self-injure
Jerry Jarrett claimed Longshore Act benefits after two shuttle trucks collided at a port. An administrative law judge denied the claim, finding that Jarrett had intentionally caused his own injury by driving unsafely. The Board's earlier reversal was reconsidered because a timely employer response…
Betty Deel (on behalf of Marcus Deel) v. Dominion Coal Corporation
Black lung award partly vacated for disability review
Betty Deel pursued her late husband's black lung claim after a benefits award on modification. The Board found that total disability needed further analysis, including contrary evidence. It partly vacated the award and remanded for findings on disability, the statutory presumption, and any employer…
Herbert H. Metcalfe, Jr. v. Harlan KY VA Coal, Incorporated and Employer’s Insurance of Wausau
Herbert H. Metcalfe, Jr. v. Harlan KY VA Coal, Incorporated (BRB 17-0291 BLA): trust fund directed to pay benefits
Herbert Metcalfe received black lung benefits, but Harlan KY VA Coal disputed responsibility for payment. The Board found that a more recent employer, Jericol, was presumed financially capable of paying. It reversed the designation of Harlan KY VA Coal as responsible operator and directed payment…
Smith v. Kareem Transportation and Serpro Logistics
Smith v. Kareem Transportation (DOL ARB 2018-0021): Second reconsideration request denied
Shervis Smith appealed an adverse ruling on his truck driver whistleblower complaint under the Surface Transportation Assistance Act. The Board dismissed his appeal because his filings did not clearly request review and he did not answer an order asking why the Board should accept a late petition…
Guerra v. Consolidated Rail Corp. (Conrail)
Guerra v. Conrail (DOL ARB 2017-0069): Board appeal dismissed after district court action
John Guerra challenged the dismissal of his Federal Rail Safety Act complaint as untimely and petitioned the Board for review. He did not file the opening brief the Board ordered. Meanwhile, he brought the matter to federal district court, which dismissed his complaint as untimely. The Board held…
American Federation of Government Employees, Local 704 (Union) and United States Environmental Protection Agency, Region 5 (Agency)
EPA Region 5 and AFGE Local 704 (FLRA 0-AR-5334): Promotion grievance remains denied
An EPA Region 5 attorney was not selected for either of two senior counsel positions. Her union alleged discrimination based on race, color, national origin, and disability, along with retaliation and disparate impact. The arbitrator denied the grievance after finding that the agency had legitimate…
Secretary of Labor obo Thomas McGary and Ron Bowersox and United Mine Workers of America International Union v. The Marshall County Coal Co., McElroy Coal Co., Murray American Energy, Inc., and Murray Energy Corp.
Secretary of Labor obo Thomas McGary and Ron Bowersox, et al. v. The Marshall County Coal Co., et al. (FMSHRC WEVA 2015-583-D, et al.): Tie vote denied stay of compelled CEO reading
Murray Energy and related mine operators sought a stay while appealing Commission decisions that found interference with miners' rights to make confidential MSHA complaints. The underlying remedy required rescinding a policy that miners report MSHA complaints to management, posting notice, paying…
United States Department of Defense Education Activity and Federal Education Association
DOD Education Activity and Federal Education Association (FLRA WA-CA-16-0016): Authority dismisses stale award-enforcement complaint
The Federal Education Association alleged that the Department of Defense Education Activity failed to comply with an arbitration award requiring clearer payroll information for bargaining-unit employees. An administrative law judge found the union's 2015 unfair-labor-practice charge timely and…
Secretary of Labor v. Peabody Midwest Mining, LLC
Refuge-chamber placement affirmed with $50,000 penalty
Peabody placed one of two refuge chambers in the direct line of sight of the working face, contrary to its approved emergency response plan. Judge David P. Simonton found the violation S&S because an assumed mine emergency could damage or destroy the chamber and leave miners without required refuge…
Matter of Daniel Girmai NEGUSIE
Narrow duress defense recognized for the persecutor bar
The Board reconsidered an Ethiopian and Eritrean applicant's applications for asylum and withholding of removal after he served as an armed prison guard in Eritrea. The Board held that a narrow duress defense is available when an applicant is accused of assisting or participating in persecution…
Jerry W. Evans v. Apollo Fuels, Incorporated
Surface miner benefits award affirmed
Jerry Evans won black lung benefits based on qualifying surface coal mine work and the statutory presumption. Apollo Fuels challenged whether his surface work exposed him to dust comparable to underground mining. The Board upheld the judge's reliance on Evans's uncontradicted testimony about dusty…
Marvin R. Radcliff v. Energy West Mining Company and PacifiCorp Elec Operations
Marvin R. Radcliff v. Energy West Mining Company (BRB 17-0484 BLA): black lung benefits award affirmed
Marvin Radcliff won black lung benefits after the judge found qualifying coal mine work and total disability. The employer challenged the statutory presumption and its failure to rebut it. The Board upheld the judge's weighing of the medical evidence and concluded that the employer did not disprove…
Richard Crum v. Energy Coal Income Partnership and West Virginia Coal Workers’ Pneumoconiosis Fund
Richard Crum v. Energy Coal Income Partnership (BRB 17-0444 BLA): black lung benefits denial affirmed
Richard Crum appealed a denial of black lung benefits, and the employer cross appealed. The Board upheld the judge's assessment that the evidence did not prove total respiratory disability. Without disability, Crum could not invoke the statutory presumption or receive benefits under the ordinary…
United States Small Business Administration and American Federation of Government Employees, Local 2959
Small Business Administration and AFGE Local 2959 (FLRA 0-AR-5246): Authority remands unclear grievance award
An arbitrator sustained grievances concerning a Small Business Administration loan specialist's two-day suspension, requests for union representation, performance appraisal, alleged retaliation, privacy, and hostile work environment. She awarded back pay and $35,500 in attorney fees, but the agency…
United States Department of the Navy, Military Sealift Command (Agency) and International Organization of Masters, Mates & Pilots, AFL-CIO (Union) and Marine Engineers' Beneficial Association, AFL-CIO (Union)
Military Sealift Command and maritime unions (FLRA 0-AR-5245): Shore liberty pay award set aside
Civilian mariners aboard the Navy hospital ship Mercy were restricted from going ashore during an eight-day stop in Papua New Guinea. Two unions sought premium pay for that time, and an arbitrator awarded it after finding that the restriction violated their agreements. The Authority set aside the…
Secretary of Labor obo Eric Greathouse and United Mine Workers of America International Union v. Monongalia County Coal Co., Consolidation Coal Co., Murray American Energy, Inc., and Murray Energy Corp.
Secretary of Labor obo Eric Greathouse and United Mine Workers of America, et al. v. Monongalia County Coal Co., et al. (FMSHRC WEVA 2015-904-D, et al.): Tie vote left bonus-plan interference findings intact
Six Murray Energy mines implemented production bonus plans that reduced or eliminated crew bonuses after S&S citations, withdrawal orders, lost-time injuries, and time spent accompanying MSHA inspectors. The ALJ found that the plans discouraged safety complaints, injury reporting, walkaround…
John Bergeron v. Bollinger Shipyards, Incorporated
Fee appeals dismissed after agreement
Bollinger Shipyards appealed two attorney fee orders in John Bergeron's Longshore Act matter. The parties resolved the fees for work before the district director and judge, then asked to withdraw the appeals. The Board dismissed both appeals with prejudice, approved a $5,048.50 fee for Board work…
Ward Pletcher, Jr. v. Hobet Mining LLC and Arch Coal, Incorporated
Ward Pletcher, Jr. v. Hobet Mining LLC (BRB 18-0094 BLA): case remanded after appointment challenge
Ward Pletcher's black lung case reached the Board after a judge's decision. The Board had asked whether the case should return for reconsideration of the judge's prior actions. Following the Supreme Court's Lucia decision, the Board remanded to the Office of Administrative Law Judges for further…
Bobby Wayne Little v. Primary Energies Corporation and American Resources Insurance Company
Bobby Wayne Little v. Primary Energies Corporation (BRB 17-0567 BLA): appeal dismissed after trust fund accepted liability
Bobby Little's employer and insurer appealed their designation as the responsible operator for his black lung benefits. The federal program director then advised the Board that the Black Lung Disability Trust Fund accepted liability. The Board dismissed the appeal and remanded to the district…
John Garcia v. AAR Airlift Group, Incorporated and Allied World Assurance Company
John Garcia v. AAR Airlift Group, Incorporated (BRB 17-0557): stroke medical benefits remanded
John Garcia received an award of medical benefits for strokes under the Defense Base Act. The Board found that the judge needed to reconsider whether work events caused or aggravated the strokes under the statutory causation presumption. It vacated that portion of the award and remanded…
Robert L. Corn v. Zielinski Construction Corporation and Kentucky Employers Mutual Insurance
Robert L. Corn v. Zielinski Construction Corporation (BRB 17-0521 BLA): black lung benefits award affirmed
Robert Corn won black lung benefits under the statutory presumption. The employer disputed the judge's rejection of medical opinions denying legal pneumoconiosis and disability causation. The Board upheld that analysis and found the employer had not rebutted the presumption. It affirmed the award.
Rose M. Taylor (widow of Gary L. Taylor) v. Thacker Coal Company and Old Republic Insurance Company
Rose M. Taylor (widow of Gary L. Taylor) v. Thacker Coal Company (BRB 17-0481 BLA): survivor benefits denial affirmed
Rose Taylor sought survivor benefits after her miner husband's death. The judge found that the record did not establish pneumoconiosis. The Board upheld the treatment of medical opinions and records that did not connect the miner's chronic lung disease to coal dust. Because pneumoconiosis was not…
Dorris E. Cunningham v. Island Creek Coal Company
Black lung benefits denial affirmed
Dorris Cunningham appealed a denial of a subsequent black lung claim. The judge found that new medical evidence did not establish total respiratory disability. The Board upheld her reasons for discounting a physician opinion that relied on general study data rather than Cunningham's own…
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.