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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Garrett v. Bigfoot Energy Services, LLC
Garrett v. Bigfoot Energy Services (DOL ARB 2016-0057): Truck driver retaliation claim rejected
Truck driver Michael Garrett said Bigfoot Energy Services fired him after he complained about vehicle safety and maintenance, including turn signals. Following an accident involving Garrett's truck, he sent an email asserting that Bigfoot had failed to repair the signals. An administrative law…
E.D. and Department of Justice, Bureau of Prisons, Medical Center for Federal Prisoners, Springfield, MO
Board upholds denial of prison officer’s shoulder injury claim (ECAB 18-0138)
E.D., a prison officer, reported shoulder pain after setting down a box of detergent at work. OWCP accepted that the incident occurred. The Board found that the imaging and physician reports did not explain how that event caused or aggravated his shoulder condition. It affirmed the claim denial.
M.P. and U.S. Postal Service, Post Office, Whitestone, NY
Board upholds refusal to reopen postal worker’s injury claim (ECAB 18-0124)
M.P., a postal worker, sought to reopen a denied head and neck injury claim. Her representative submitted a bare reconsideration request and said more medical evidence would follow, but OWCP received none before deciding. The Board found no new argument or evidence meeting the reopening…
W.A. and Department of Agriculture, Beltsville, MD
Board upholds recovery of compensation overpayment (ECAB 18-0070)
W.A., a Department of Agriculture employee, continued receiving the higher compensation rate for a worker with a dependent after his spouse died. The issue, calculation, and analysis state an overpayment of $41,888.49; the conclusion instead prints $44,888.49. The Board denied waiver because he had…
Randall Mechanical, Inc.
Late contest dismissed on reconsideration
Randall Mechanical received an OSHA citation on July 3, 2017, but filed its notice of contest after the 15-working-day deadline. The judge initially granted relief for excusable neglect. After the Commission emphasized that the reason for delay and whether it was within the employer's control are…
D.H. and U.S. Postal Service, Post Office, Chicago, IL
Board upholds denial of postal carrier’s later wage loss (ECAB 17-0818)
D.H., a postal carrier, worked limited duty after an accepted fall injury. She later claimed wage loss after being placed on leave without pay following a removal for attendance. The Board found that limited duty remained available and that medical reports did not show the accepted conditions…
T.H. and Department of the Treasury, Internal Revenue Service, Holtsville, NY
Board upholds denial of IRS worker’s home fall claim (ECAB 17-0747)
T.H., an IRS secretary, fractured her shoulder in a fall before her work shift. Her forms and statements differed about the date and address, but indicated that she was at home preparing for work. The Board found no evidence that she was carrying out work duties when she fell. It affirmed the…
D.P. and U.S. Postal Service, Post Office, Mission Viejo, CA
Board upholds refusal to reopen postal carrier’s back claim (ECAB 17-0290)
D.P., a postal carrier, sought to reopen a denied back injury claim. The only new medical report repeated an earlier one and did not add a relevant opinion about whether the work event caused his condition. The Board found no new legal argument or pertinent evidence meeting the reconsideration…
United States Department of Homeland Security, Federal Emergency Management Agency (Agency) and American Federation of Government Employees, Local 4060 (Union)
FEMA and AFGE Local 4060 (FLRA 0-AR-5273): Reprimand dispute remanded for contract ruling
FEMA reprimanded an employee after she repeatedly failed to move to a designated workstation as directed. The arbitrator found that she had disobeyed the orders but considered a three-year reprimand too harsh, so he ordered its removal after sixteen months. The Authority held that the arbitrator…
Will Willis v. Jeffrey Tyler for Heart of Nature (NV), LLC
MSHA ordered to produce discrimination complaint and interview
Will Willis brought his own Mine Act discrimination case after MSHA declined to prosecute, but neither Willis nor the court had his original discrimination complaint or his signed MSHA investigator interview. Judge William B. Moran held that those documents were essential because the complaint and…
G.T. and U.S. Postal Service, Grand Shelby Station, Detroit, MI
Board upholds refusal to reopen postal worker’s award claim (ECAB 18-0158)
G.T., a postal carrier, challenged an examination used in his schedule award claim, saying it had been arranged for another claim. The Board found that OWCP had notified him of the examination under this claim and that he submitted no new impairment rating. His argument and appointment notice did…
L.A. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
Board upholds denial of shipyard worker’s surgery wage loss (ECAB 18-0131)
L.A., a Navy shipyard supervisor, sought wage loss benefits after surgery for an accepted right knee meniscus injury. His physician reported partial disability but did not provide specific findings explaining why he could not work on the claimed dates. The Board found the medical evidence…
K.S. and Department of Homeland Security, Transportation Security Administration, Oakland, CA
Board upholds denial of late TSA worker hearing request (ECAB 18-0029)
K.S., a TSA employee, sought an oral hearing nearly two years after an OWCP decision. The Board found the request missed the 30 day deadline. OWCP also reasonably denied a discretionary hearing because reconsideration was available to address the claim. It affirmed the hearing denial.
K.D. and U.S. Postal Service, Post Office, Paulina, LA
Board upholds denial of postal worker’s later disability claim (ECAB 17-0637)
K.D., a postal worker, continued working modified duty after an accepted lumbar sprain. She later stopped work and sought wage loss benefits. The Board found that her physician did not explain why the accepted injury disabled her from modified work or show a material worsening of that condition. It…
B.R., claiming as representative of the estate of R.R., and U.S. Postal Service, Post Office, New Orleans, LA
Board upholds denial of mail handler’s stroke claim (ECAB 17-0294)
B.R., representing a deceased mail handler’s estate, sought benefits for a 1997 stroke attributed to his federal work. The Board found no reasoned medical opinion connecting the stroke to an accepted employment factor. General medical literature, military service records, and disability awards from…
Jeffrey Pappas v. Calportland Company and Riverside Cement Company
Discrimination dismissal affirmed
Jeffrey Pappas alleged that Riverside Cement gave negative employment references and that CalPortland refused to hire him because of earlier safety complaints and a settled discrimination case. The Commission affirmed dismissal. The judge reasonably credited Riverside's human-resources manager that…
Herbert W. Roberts v. Freestone Coal Company, Incorporated and Old Republic Insurance Company
Herbert W. Roberts v. Freestone Coal Company, Incorporated (BRB 17-0406 BLA): benefits award and operator liability affirmed
Herbert Roberts won black lung benefits. Freestone Coal contested being named the responsible operator, arguing that more recent employers could pay. The Board found that the district director had made the required statements and Freestone offered no evidence to carry its burden on the later…
Winford E. Baker v. Glen Allen Mining, Incorporated and Employers’ Insurance of Wausau
Winford E. Baker v. Glen Allen Mining, Incorporated (BRB 17-0402 BLA): black lung benefits award affirmed
Winford Baker won black lung benefits. Glen Allen Mining argued his claim was filed too late. The Board found that the employer had not identified a physician's communication of total disability due to pneumoconiosis more than three years before filing. It upheld the timely filing finding and…
Terry L. Moore v. Pa Pa Coal Mining Company and Arch Coal, Incorporated
Terry L. Moore v. Pa Pa Coal Mining Company (BRB 17-0380 BLA): black lung benefits award affirmed
Terry Moore won black lung benefits after the judge found that pneumoconiosis substantially contributed to his total disability. The employer challenged the judge's weighing of medical opinions. The Board upheld the credibility findings and refused to reweigh the evidence. It affirmed the award.
D.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL
Board upholds refusal to reopen VA worker’s shoulder claim (ECAB 18-0122)
D.J., a VA employee, sought to reopen a denied right shoulder injury claim. His new medical report diagnosed impingement syndrome but did not explain how the accepted incident caused or aggravated it; imaging also lacked a causal opinion. The Board found no valid new argument or relevant medical…
L.S. and U.S. Postal Service, Post Office, Tampa, FL
Board upholds denial of postal worker’s hearing request (ECAB 18-0115)
L.S., a postal worker, requested a telephone hearing after previously seeking reconsideration of his claim. The Board held that he no longer had a hearing right after the reconsideration request. OWCP reasonably denied a discretionary hearing because he could submit new evidence through…
L.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
Board reverses termination of postal worker’s benefits (ECAB 17-1859)
L.H., a postal worker with an accepted lumbar disc injury, challenged the termination of her benefits effective December 23, 2014. Her treating physician reported continuing injury residuals and disability, while OWCP’s second opinion physician said the accepted condition had resolved. The Board…
K.S. and U.S. Postal Service, Post Office, Riverview, FL
Board upholds denial of postal worker’s emotional condition claim (ECAB 17-1583)
K.S., a postal worker, had accepted back, shoulder, and wrist conditions and sought to add anxiety and depression as consequences of those injuries. Her physician repeated that the physical conditions caused the emotional conditions, but did not explain the medical connection. The Board found the…
American Federation of Government Employees, Local 12 (Union) and United States Department of Labor (Agency)
AFGE Local 12 and Department of Labor (FLRA 0-AR-5310): Higher-grade pay denial upheld
A GS-14 industrial hygienist claimed higher-grade pay for supervisory duties performed while a GS-15 position was vacant. The arbitrator denied the grievance after finding that the employee did not perform most of the supervisory duties or spend at least twenty-five percent of his time on GS-15…
Sport Air Traffic Controllers Organization (Respondent/Union) and United States Department of the Air Force, Edwards Air Force Base, California (Charging Party/Agency)
SPORT and Edwards Air Force Base (FLRA SF-CO-16-0481): Union bargaining violation upheld
The Air Force and the SPORT Air Traffic Controllers Organization began negotiating ground rules for a new labor agreement. The union refused to accept management representatives whose authority had been delegated through the base's civilian personnel and labor-relations officials, even after the…
G.W. and U.S. Postal Service, Processing & Distribution Center, Richmond, VA
Board orders more medical development of mail handler’s arm impairment (ECAB 18-0224)
G.W., a mail handler with accepted bilateral elbow conditions, sought a schedule award for impairment of both arms. Her physician gave an impairment rating but omitted range of motion measurements needed to complete the evaluation. When she did not supply them, OWCP denied the claim. The Board…
M.W. and U.S. Postal Service, Post Office, Philadelphia, PA
Board returns postal worker’s reconsideration request for an explained decision (ECAB 18-0111)
M.W., a postal expediter, requested reconsideration of an earlier decision on his head injury claim. The Board agreed that OWCP received his request after the one-year deadline. OWCP had nevertheless failed to discuss the evidence and arguments submitted to show clear error in its earlier decision…
C.J. and U.S. Postal Service, Post Office, Lafayette, LA
Board upholds denial of mail carrier’s nerve condition claim (ECAB 18-0069)
C.J., a mail carrier, claimed that her job caused bilateral carpal tunnel syndrome and right cubital tunnel syndrome. A nerve study identified abnormalities but gave no opinion about their cause. Her physician called the conditions related to her mail carrier work without identifying the particular…
D.M. and U.S. Postal Service, Post Office, Clarksburg, WV
Board upholds denial of letter carrier’s later disability claim (ECAB 18-0067)
D.M., a letter carrier, sought disability compensation for a period after February 27, 2015 based on an accepted cervical sprain. His physician attributed disability to neck and back pain, but did not explain how the accepted sprain caused disability on particular dates. The Board found the new…
K.G. and U.S. Postal Service, Post Office, Richmond, VA
Board orders further review of letter carrier’s right leg impairment (ECAB 17-0821)
K.G., a letter carrier, sought a schedule award after an accepted right knee and leg injury. OWCP denied the claim for lack of an impairment rating. Its own second opinion physician had said the knee condition caused permanent impairment and had reached maximum medical improvement, but OWCP had not…
L.F. and Department of Veterans Affairs, Hampton Veterans Administration Medical Center, Hampton, VA
Board accepts nursing assistant’s patient-lifting incident but upholds injury denial (ECAB 17-0689)
L.F., a VA nursing assistant, reported low back pain after moving and lifting a patient at work. OWCP had rejected the claim because it found the incident unproved. The Board found her consistent account and prompt treatment established that the incident occurred. Her physician did not explain how…
American Federation of Government Employees, Local 3254 (Union) and United States Department of the Air Force, Grissom Air Reserve Base, Indiana (Agency)
AFGE Local 3254 and Grissom Air Reserve Base (FLRA 0-AR-5324): Counseling-letter grievance denial upheld
The Air Force issued an employee a counseling letter supported in part by confidential survey responses, then reissued the letter without those responses. An arbitrator found that the letter was not discipline under the agreement and that other complaints independently supported it. The Authority…
United States Department of Homeland Security, U.S. Customs and Border Protection, Detroit Sector and American Federation of Government Employees, Local 2499, National Border Patrol Council
CBP Detroit Sector and AFGE Local 2499 (FLRA 0-AR-5317): Overtime backpay award set aside
A Border Patrol agent lost overtime eligibility while assigned to administrative duties after an off-duty arrest. An arbitrator found that the agency delayed disciplinary action contrary to its policy and union contract and awarded twelve months of overtime backpay. The Authority set aside the…
Town of Fairhaven
In re Town of Fairhaven (EAB NPDES Appeal No. 17-08): petition dismissed after settlement
The Town of Fairhaven, Massachusetts, asked the Environmental Appeals Board to dismiss its challenge to NPDES Permit No. MA0100765. The Town reported that it had reached a settlement with EPA Region 1 and that the parties had executed an Administrative Order on Consent. The Board granted the motion…
Evans Tuning, LLC
In re Evans Tuning, LLC (EAB CAA Appeal No. 18-04C): consent agreement ratified
The EPA EAB order concerns Evans Tuning, LLC. The scanned 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…
Betty L. Kirk (widow of Paul Kirk) v. Laurel Run Mining Company
Survivor benefits award affirmed
Betty Kirk won black lung survivor benefits after remand. The employer tried to rebut the presumption that pneumoconiosis caused the miner's death. The Board upheld the judge's rejection of the employer's physician opinions, including one that missed evidence of a disabling gas exchange impairment…
L.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
Board upholds denial of VA nurse’s written-record review request (ECAB 18-0249)
L.W., a VA practical nurse, sought written-record review after OWCP denied her claim involving an elevator door striking her head. She had already requested reconsideration of earlier claim decisions, so she had no hearing right on the same matter. The Board found OWCP reasonably declined…
G.L. and Department of the Navy, Pearl Harbor Naval Shipyard, Pearl Harbor, HI
Board upholds denial of police instructor’s knee injury claim (ECAB 18-0102)
G.L., a Navy police instructor, reported knee injuries after demonstrating rifle shooting positions to recruits. OWCP accepted that the February 24, 2017 work incident occurred. The physician’s note did not give a firm diagnosis or explain how the incident caused or aggravated a knee condition, and…
P.B. and U.S. Postal Service, Post Office, Baker, LA
Board upholds denial of letter carrier’s continuing disability claim (ECAB 17-1687)
P.B., a letter carrier, sought wage loss compensation after benefits for an accepted injury ended. Her treating doctors reported ongoing neck and shoulder conditions but did not explain disability during the specific claimed period. The Board gave greater weight to the impartial examiner’s reports…
A.T. and Department of Homeland Security, Transportation Security Administration, El Paso International Airport, El Paso, TX
Board upholds denial of airport officer’s late reconsideration request (ECAB 17-0654)
A.T., a transportation security officer, reported foot, leg, and back injuries after running after a passenger who breached an airport checkpoint. He requested reconsideration of OWCP’s injury denial more than one year after its last merits decision. The Board found his medical reports and…
National Association of Independent Labor, Local 5 (Union) and United States Department of Defense, Defense Logistics Agency, Distribution Depot, Red River, Texas (Agency)
NAIL Local 5 and DLA Red River (FLRA 0-AR-5303): Higher-grade pay grievance untimely
A wood worker claimed that the Defense Logistics Agency should have temporarily promoted him from WG-07 to WG-08 for higher-graded duties. The arbitrator dismissed the grievance because the employee knew by 2015 that he was performing the disputed work but waited until April 2016 to file, beyond…
LaDonna E. Seachris (widow of Cloyd E. Seachris) v. Brady-Hamilton Stevedore Company
Attorney fee rate modified
LaDonna Seachris's counsel appealed an attorney fee order in a Longshore Act case. The Board found that counsel was entitled to an hourly rate of $349.85. It modified the fee order to use that rate and affirmed the remaining fee and reconsideration rulings. No further action by the judge was…
Carlos E. Castle v. Price Coal Company, Incorporated
Black lung claim remanded to new judge
Carlos Castle's black lung claim reached the Board after a judge's decision. The Board determined that prior procedural and substantive actions should be reconsidered. Because the original judge had retired, it remanded for assignment to a new judge and a new merits decision. Entitlement remains…
David L. Goode v. Paramont Coal Company Virginia, LLC
Benefits award and operator finding affirmed
David Goode received black lung benefits based on complicated pneumoconiosis. Paramont Coal challenged the award and its designation as responsible operator. The Board majority upheld the judge's rulings and affirmed the award. A dissenting member would have remanded the operator issue to consider…
D.H. and U.S. Postal Service, Post Office, San Francisco, CA
Board upholds existing right leg impairment award (ECAB 18-0024)
D.H., a postal tractor trailer operator, sought more than the 25 percent right leg schedule award he had already received after a knee injury. His physician rated whole person and spinal impairment, neither of which supported the additional leg award sought under FECA. OWCP’s medical adviser found…
T.S. and U.S. Postal Service, Post Office, White Plains, NY
Board orders postal worker’s related claim files combined (ECAB 17-1709)
T.S., a postal clerk, claimed that her work worsened complex regional pain syndrome in her right leg. OWCP had accepted that condition in an earlier injury file, but relied on records from that file without placing them in the current claim file. The Board found the record incomplete for review. It…
J.B. and U.S. Postal Service, Post Office, Rossville, GA
Board upholds denial of postal worker’s claimed treatment-related wage loss (ECAB 17-0655)
J.B., a postal worker with an accepted injury, claimed wage loss for a shoulder scan, a follow-up visit, and time awaiting clearance to work. She did not document that the follow-up visit occurred during scheduled work hours. No physician explained that her accepted injury disabled her from work on…
S.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Miami, FL
Board upholds VA worker’s earlier wage-earning capacity ruling (ECAB 17-0449)
S.J., a former VA nursing assistant, sought to change a 1997 ruling that an alternate duty position represented her wage-earning capacity. She argued that accepted foot conditions had worsened and prevented her from working. The Board found her medical evidence did not explain a material change…
C.S. and U.S. Postal Service, Post Office, Brunswick, OH
Board returns letter carrier’s right arm impairment claim for consistent rating (ECAB 17-0375)
C.S., a letter carrier, sought a larger schedule award for an accepted right shoulder injury. She had previously received an award for six percent right arm impairment. The Board found OWCP had applied competing diagnosis and range of motion rating methods inconsistently across upper extremity…
C.S. and U.S. Postal Service, Post Office, San Francisco, CA
Board upholds postal worker’s wage-earning capacity ruling (ECAB 16-1784)
C.S., a retired postal employee, sought to change a wage-earning capacity ruling based on his labor relations specialist position. The Board had previously found that position was permanent rather than temporary. His new medical reports did not adequately explain a material worsening of accepted…
J.E. and Department of Health & Human Services, Claremore Indian Hospital, Claremore, OK
Board finds hospital worker’s foot condition claim untimely (ECAB 16-1493)
J.E., a hospital nurse aide and scrub technician, claimed that her work caused bilateral foot conditions. She last worked in July 2009 and filed the claim in October 2015. The Board found she had linked her foot problems to work as early as 2002, so the three-year claim period had expired. The…
United States Department of Veterans Affairs, Medical Center, Asheville, North Carolina (Agency) and American Federation of Government Employees, Local 446 (Union)
Asheville VA Medical Center and AFGE Local 446 (FLRA 0-AR-5309): Audiologist promotion award vacated
A GS-12 audiologist who established a tinnitus-management program sought a temporary promotion to GS-13. The agreement required an employee to perform grade-controlling duties of the higher position for at least twenty-five percent of the time for ten consecutive workdays. The arbitrator awarded…
American Federation of Government Employees, Local 1482 (Union) and United States Department of the Navy, U.S. Marine Corps Logistics Base, Barstow, California (Agency)
AFGE Local 1482 and Marine Corps Logistics Base Barstow (FLRA 0-AR-5228): Overtime grievance denial upheld
A Marine Corps employee and a supervisor both volunteered for an overtime shift, which the agency assigned to the supervisor. The arbitrator applied the parties' January 2015 overtime memorandum rather than an April revision that an agency witness said had not received required headquarters…
Secretary of Labor v. American Rock Salt Company, LLC
Final penalty assessment reopened
American Rock Salt sought to reopen a $7,000 penalty that MSHA's records treated as an uncontested final order. The operator said it had timely contested that penalty while paying the remaining $884 in the assessment, and the Secretary did not dispute either point. After receiving a delinquency…
Secretary of Labor v. Great Northwest, Inc.
Contest sent with payment reopened
Great Northwest intended to contest part of a proposed penalty assessment while paying the uncontested citations. It mistakenly sent both the contest form and payment to MSHA's St. Louis office instead of sending the contest to Arlington. MSHA received the payment, but the contested penalty became…
Secretary of Labor v. Mountain Cement Company
Delayed reopening motion denied
Mountain Cement said it mistakenly mailed a penalty-contest form with payment for an uncontested citation to MSHA's St. Louis office instead of the Arlington contest office. That explained the initial default, but the operator waited 84 days after receiving a delinquency notice before moving to…
Secretary of Labor v. Granite Construction Company
Misdirected penalty contest reopened
Granite Construction timely mailed its penalty-contest form, but administrative staff inadvertently used MSHA's former address. Postal tracking confirmed that a parcel was sent to the wrong location. Granite discovered the mistake while counsel searched for the expected penalty petition and moved…
Secretary of Labor v. Holroyd Co., Inc.
Diligently pursued penalty contest reopened
Holroyd mistakenly sent its penalty-contest form with payment for uncontested citations to MSHA's St. Louis office. It said that, after learning of a delinquency, it repeatedly contacted MSHA and understood from a March conversation that the agency was resolving the problem. Holroyd said a later…
Secretary of Labor v. WESCO
Default caused by office move vacated
WESCO contested a citation but moved offices shortly afterward. It said it notified MSHA of its new address and received no paperwork about the citation after its contest. The unanswered show-cause order became a final default; its distribution list showed WESCO's former address. WESCO said it…
Secretary of Labor v. Jay Fulkroad & Sons, Inc.
Final assessment reopened after separate contest was missed
Jay Fulkroad & Sons contested the underlying citation but did not understand that it also had to contest the later proposed penalty assessment. It made a partial payment and, after receiving a delinquency notice, contacted the Commission the next day for an explanation. The operator had filed no…
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.