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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Boston Design & Construction Co., Inc.
In re Boston Design & Construction Co., Inc. (EAB TSCA Appeal No. 18-(01)): Board declines sua sponte review
The Presiding Officer issued an Initial Decision and Default Order for Boston Design & Construction Co., Inc., on February 28, 2018. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision and Default Order therefore became a…
Secretary of Labor v. Lehigh Anthracite Coal, LLC and Secretary of Labor v. Shane T. Wetzel, employed by Lehigh Anthracite Coal, LLC
Secretary of Labor v. Lehigh Anthracite Coal, LLC and Shane T. Wetzel (FMSHRC PENN 2014-108, PENN 2014-109, PENN 2016-135): Reckless-disregard finding required penalty remand
Lehigh foreman Shane Wetzel authorized a miner to enter an open pit twice beneath unstable highwalls and banks to attach chains to a buried dragline bucket. The ALJ found an S&S and unwarrantable violation, held Wetzel individually liable under section 110(c), but classified the operator's and…
New Flyer of America, Inc.
In re New Flyer of America, Inc. (EAB CAA Appeal No. 18-03C): consent agreement ratified
The Environmental Appeals Board issued a Final Order concerning New Flyer of America, Inc. The Board incorporated and ratified the attached Consent Agreement under EPA's Consolidated Rules of Practice. New Flyer was ordered to comply with all terms of the agreement effective immediately. The…
J.M. and Department of the Navy, Naval Supply Systems Command, Gulfport, MS
Board upholds surgery denial but remands arm impairment rating (ECAB 17-1603)
J.M., a Navy employee, sought acceptance of carpal tunnel syndrome, decompression surgery, and a greater right arm schedule award. The Board found that the claimed carpal tunnel condition was not established as related to the work injury and upheld the related surgery and reconsideration denials…
E.P. and U.S. Postal Service, Bowling Green Station, New York, NY
Board upholds denial of carrier’s back injury claim (ECAB 17-1544)
E.P., a postal mail carrier, reported falling on steps in a work entrance lobby and injuring his lower back. The Board accepted that the fall occurred. It found that the medical evidence did not adequately establish a back injury caused by that incident. It affirmed the denial.
A.F. and Department of Veterans Affairs, Veterans Administration Medical Center, San Francisco, CA
Board upholds denial of VA worker’s total disability claim (ECAB 17-1514)
A.F., a VA human resources assistant, sought total disability benefits beginning August 21, 2016 after an accepted right arm and shoulder strain. She had returned to restricted work. The Board found that the medical evidence did not establish that the accepted injury prevented all work during the…
S.D. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
Board upholds refusal to reopen IRS worker’s injury claim (ECAB 17-1211)
S.D., an IRS technician, sought reconsideration of a claim involving accepted knee, neck, and back injuries from a workplace fall. The disputed issue was disability from June 14 to July 6, 2014. The Board found that the new medical reports did not address that period and therefore did not qualify…
A.P. and Department of State, Chicago Passport Agency, Chicago, IL
Board orders new rating of passport worker’s shoulder impairment (ECAB 17-0827)
A.P., a passport agency operations officer, sought an award beyond his prior 10 percent left arm impairment rating following an accepted shoulder injury. The Board found that OWCP’s rating methods for upper extremity impairment had been applied inconsistently. It ordered a new rating under the…
R.F. and U.S. Postal Service, Post Office, Bellaire, TX
Board upholds denial of postal clerk’s right arm claim (ECAB 17-0113)
R.F., a postal bulk mail clerk, attributed right arm and shoulder conditions to repetitive pushing, pulling, lifting, keying, and reaching at work. The Board found that the medical reports did not adequately explain how those accepted duties caused or aggravated his conditions. It affirmed the…
V.D. and Department of the Army, Civilian Personnel Advisory Center, Aberdeen Proving Ground, MD
Board upholds denial of Army worker’s fall injury claim (ECAB 17-0112)
V.D., an Army employee, reported hurting his face and ribs when he tripped over a wire under a desk at work. The Board accepted that the fall occurred. It found that he had submitted no medical evidence of an injury caused by the fall. It affirmed the claim denial.
N.S. and U.S. Postal Service, Post Office, Harrisburg, PA
Board orders fact finding on postal supervisor’s stress claim (ECAB 16-0914)
N.S., a postal supervisor, attributed an emotional condition to heavy workload and the aftermath of an alleged attack at the York postal facility. The Board found that OWCP had not adequately investigated staffing and hours or the conflicting evidence about the attack there. It ordered OWCP to…
Gerald B. Kincaid v. Island Creek Coal Company
Kincaid v. Island Creek Coal (BRB 17-0255 BLA): black lung benefits denial affirmed
Gerald Kincaid filed another black lung claim after earlier denials and was credited with 45 years of qualifying coal mine work. The administrative law judge found that the new evidence did not establish a totally disabling respiratory impairment, so he could not invoke the 15-year presumption or…
J.E. and U.S. Postal Service, Post Office, Pasco, WA
Board orders review of omitted therapy records in wage loss claim (ECAB 18-0151)
J.E., a postal worker, sought compensation for time spent at medical and physical therapy appointments. OWCP denied 20.96 hours but did not consider therapy records it had received before issuing its decision. The Board required OWCP to review that evidence and issue a new decision.
I.R. and U.S. Postal Service, Post Office, Washington, DC
Board orders telephone conference on postal overpayment (ECAB 18-0088)
I.R., a postal worker, contested a $6,604.16 benefits overpayment and requested waiver. She timely asked for a telephone conference before OWCP made a final decision. OWCP did not hold the conference, denying her a chance to present testimony. The Board ordered the conference and a new merits…
P.R. and Department of Transportation, Federal Aviation Administration, Oklahoma City, OK
Board orders impartial rating of FAA worker’s ankle impairment (ECAB 18-0022)
P.R., an FAA material handler with accepted ankle and heel fractures, sought an award beyond a prior 25 percent right leg rating. His physician and OWCP’s medical adviser gave conflicting impairment ratings after ankle surgery. The Board found an unresolved medical conflict and ordered an impartial…
O.R. and Department of Homeland Security, Transportation Security Administration, Miami, FL
Board orders missing medical records added to TSA claim file (ECAB 18-0013)
O.R., a former TSA screener, claimed a right knee injury after physical therapy associated with earlier accepted back injuries. OWCP relied on medical reports from another claim file when denying the new claim, but did not put those reports in the record under review. The Board ordered OWCP to…
S.J. and U.S. Postal Service, Post Office, Detroit, MI
Board upholds denial of postal carrier’s schedule award (ECAB 18-0010)
S.J., a postal carrier, sought a schedule award for conditions involving her back and right leg. The Board found that the evidence did not establish permanent impairment of a scheduled body member under the applicable rules. It affirmed OWCP’s denial.
L.C. and General Services Administration, Kansas City, MO
Board orders complete findings on GSA worker’s emotional condition claim (ECAB 17-1976)
L.C., a GSA marketing specialist, attributed an emotional condition to work duties and management actions. OWCP addressed only some of his allegations and did not make complete factual findings on the events he identified. The Board ordered a full review of the record and a new decision explaining…
N.F. and Peace Corps, Volunteer Services, Washington, DC
Board upholds time bar on former volunteer’s wage loss claim (ECAB 17-1784)
N.F., a former Peace Corps volunteer, sought wage loss compensation for effects of an assault during her service decades earlier. OWCP had accepted medical benefits for her claim. The Board found that the wage loss claim did not meet FECA’s filing time requirements and affirmed its denial. It…
B.G. and Department of Veterans Affairs, Minneapolis Veterans Administration Health Care System, Minneapolis, MN
Board upholds reduced benefits based on part time earnings (ECAB 17-1763)
B.G., a VA nursing assistant with an accepted back injury, returned to a modified part time position. OWCP reduced compensation based on her actual earnings there. The Board found that her medical restrictions supported part time work and that the actual earnings fairly represented her wage earning…
D.M. and U.S. Postal Service, Post Office, Sulphur Springs, TX
Board reverses termination for alleged refusal of suitable work (ECAB 17-1668)
D.M., a postal carrier with accepted shoulder and neck conditions, declined a sales retention position OWCP called suitable. The Board found that OWCP had not established that the offered duties fit her supported medical restrictions. Because suitability was not proved, the refusal could not…
I.S. and U.S. Postal Service, Post Office, Kearny, NJ
Board narrows forfeiture period in postal worker’s compensation case (ECAB 17-0897)
I.S., a postal processing clerk, had reported income from a jewelry business while receiving compensation. The Board upheld forfeiture for periods when she knowingly omitted or understated business activity on reporting forms. It found that her later forms disclosed gross earnings, so the later…
S.J. and Department of Veterans Affairs, Health Care System, Fargo, ND
Board upholds denial of VA worker’s total disability claim (ECAB 17-0783)
S.J., a VA industrial hygienist, sought total disability benefits beginning August 9, 2013 after accepted injuries from a workplace fall. The Board found that the medical evidence did not establish that those injuries prevented all work during the claimed period. It affirmed OWCP’s denial.
Matter of Jose MARQUEZ CONDE
Merits-based vacatur erased a conviction for immigration purposes
The Board reviewed a Mexican respondent's eligibility for cancellation of removal after a Texas theft conviction was followed by a new trial and dismissal of the criminal case. It reaffirmed that a conviction vacated because of a procedural or substantive defect is no longer a conviction for…
E.K. and Department of Defense, Defense Agencies, Mitchel Field Commissary, Garden City, NY
Board upholds denial of commissary worker’s elbow claim (ECAB 18-0091)
E.K., a commissary store associate, felt a pop in his left elbow while loading milk crates at work. OWCP accepted that the incident occurred. The Board found that his medical submissions did not adequately establish that the incident caused the diagnosed elbow condition. It affirmed the denial.
R.S. and U.S. Postal Service, Post Office, Camden, AL
Board upholds denial of postal carrier’s total disability claim (ECAB 17-1858)
R.S., a postal rural carrier associate, sought total disability benefits for October 15 through December 9, 2016 after an accepted right shoulder sprain. The Board found that her physicians did not give a reasoned opinion establishing total disability during that period due to the accepted…
L.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Lexington, KY
Board upholds benefit termination with migraine treatment preserved (ECAB 17-1561)
L.B., a VA payroll technician, received benefits for several accepted upper extremity and related conditions. The Board found that OWCP had proved those conditions no longer caused compensable disability or required treatment. It upheld termination of wage loss and medical benefits for them. The…
D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Washington, DC
Board upholds VA worker’s 15 percent right arm rating (ECAB 17-1526)
D.B., a VA nursing assistant with an accepted right shoulder injury, sought a higher schedule award than the 15 percent right arm rating already granted. OWCP reevaluated the rating after an earlier Board remand under its clarified impairment method. The Board found no greater permanent impairment…
M.J. and U.S. Postal Service, Post Office, Bedford Park, IL
Board orders new ratings of postal worker’s arm and leg (ECAB 17-1403)
M.J., a postal clerk with accepted injuries, sought ratings above 31 percent for his left leg and eight percent for his left arm. The Board found that the medical record did not yet support final impairment ratings for either scheduled member. It ordered further evaluation under the applicable…
M.B. and U.S. Postal Service, Post Office, Antioch, CA
Board orders more medical review of back surgery and disability (ECAB 17-1389)
M.B., a postal rural carrier with accepted lumbar conditions, sought authorization for a spinal fusion and benefits for a recurrence of disability. The Board found that OWCP’s medical adviser did not sufficiently explain the fusion denial. It also found that the treating physician’s recurrence…
C.V. and U.S. Postal Service, Post Office, Sea Isle City, NJ
Board upholds end of postal carrier’s injury benefits and surgery denial (ECAB 17-1159)
C.V., a postal rural carrier, received benefits for accepted right hand and shoulder injuries after slipping on ice. The Board upheld termination of wage loss and medical benefits effective August 5, 2016, finding the accepted injuries no longer caused disability or residuals. It also found no…
A.C. and U.S. Postal Service, Post Office, Highland Falls, NY
Board upholds termination but remands continuing disability claim (ECAB 16-1670)
A.C., a postal carrier with accepted leg and ankle injuries, challenged termination of wage loss and medical benefits and sought benefits for continuing disability. The Board found that OWCP had adequately supported the original termination. It found that OWCP had not considered all timely…
Calpine Corporation
Unguarded floor-opening citation affirmed
Calpine operated a power plant where a contractor removed platform grates during a turbine overhaul, leaving temporary floor openings more than 17 feet above a concrete floor. Calpine repeatedly assigned its maintenance employees to replace a turbine spark rod, a task that required access to the…
American Federation of Government Employees, Immigration and Customs Enforcement, National Council 118 and United States Department of Homeland Security, U.S. Immigration and Customs Enforcement
AFGE ICE Council 118 and ICE (FLRA 0-NG-3248): Overtime proposal rulings vacated
The Authority had ruled that an AFGE proposal about administratively uncontrollable overtime at Immigration and Customs Enforcement was negotiable. The agency appealed, and a federal court returned the case to the Authority to consider a new statute. The union then asked to withdraw its petition…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Big Spring, Texas (Agency) and American Federation of Government Employees, Local 3809, Council of Prison Locals (Union)
FCI Big Spring and AFGE Local 3809 (FLRA 0-AR-5302): Mandatory staffing award vacated
AFGE challenged a federal prison's decision not to staff the third floors of two housing units during the daytime. An arbitrator found contract violations and ordered the prison to staff those posts, with backpay, interest, and attorney fees to be calculated later. The Authority treated the award…
Billy Ray Wilson v. The Boeing Company
Billy Ray Wilson v. Boeing (BRB 17-0577): retired worker's disease claim requires impairment date finding
Billy Ray Wilson alleged that shots and pills he received before work in Saudi Arabia caused later physical conditions. He filed a claim years after he had retired from other employment, and an administrative law judge dismissed it as too late based on when he connected the conditions to his former…
Daniel R. Kupke v. Service Employees International, Incorporated and Fluor Daniel Corporation
Kupke v. Service Employees International and Fluor Daniel (BRB 17-0359): attorney fee order affirmed
Daniel Kupke settled Defense Base Act claims arising from two roadside bombings while working for Service Employees International and Fluor Daniel, leaving his lawyer's fee in dispute. The administrative law judge set hourly rates using evidence from the South Florida legal market and reduced…
E.V. and Department of Labor, Mine Safety & Health Administration, Mesa, AZ
Board upholds denial of mine inspector’s back claim (ECAB 18-0106)
E.V., a mine safety inspector, reported a back condition after tripping over a rock at work. The incident was accepted, but his physician did not explain how it caused or aggravated the diagnosed lumbar condition. The Board found that diagnostic studies and physical therapy reports also did not…
A.A. and U.S. Postal Service, Manager Little Rock Industrial Station, Little Rock, AR
Board upholds heat exhaustion claim denial and reconsideration refusal (ECAB 18-0031)
A.A., a postal carrier technician, reported heat exhaustion after becoming overheated on his route. OWCP accepted the work incident, but the Board found no medical opinion adequately connecting it to the diagnosed condition. The Board also found that his reconsideration request offered no…
P.N. and U.S. Postal Service, Post Office, Plainview, NY
Board upholds denial of postal carrier’s fall claim (ECAB 17-1283)
P.N., a postal letter carrier, suffered a head injury when he fell at work near his mail vehicle. The Board found that the evidence showed a personal medical episode caused the fall. It also found no workplace hazard or condition that contributed to the injury. It affirmed OWCP’s denial because the…
S.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Cincinnati, OH
Board orders new review of consequential right knee claim (ECAB 17-1118)
S.R., a VA nursing assistant, claimed that an accepted left knee injury led to a right knee condition. OWCP relied on an impartial specialist to deny the claim. The Board found that his reports did not adequately explain why an altered gait could not have contributed to the right knee condition. It…
A.M. and Department of Education, Federal Student Aid, Washington, DC
Board upholds denial of workplace fragrance claim (ECAB 17-0741)
A.M., an IT security manager, attributed headaches and other symptoms to fragrances at work. The Board found that she had not supplied factual evidence identifying specific workplace fragrance exposures, while the agency disputed the general allegations. Because the work factors were not…
C.C. and U.S. Postal Service, Post Office, Chicago, IL
Board orders new right arm impairment rating (ECAB 17-0484)
C.C., a postal letter carrier, sought a schedule award above the five percent right arm impairment rating he had already received. The Board found that OWCP had applied inconsistent methods for evaluating upper extremity impairment. It set aside the rating decision and ordered OWCP to use a…
S.W. and U.S. Postal Service, Post Office, Pensacola, FL
Board upholds denial of mail handler’s back injury claim (ECAB 17-0282)
S.W., a mail handler, said he hurt his back while unhooking a mail container from a tow motor. The accounts in his claim and medical records differed about what he was doing when the pain began. The Board found that he had not established a work incident in the manner alleged and affirmed the…
Lavodus S. Marcum on behalf of the Estate of Dennis Marcum v. Abbs Resources, Incorporated and West Virginia Coal Workers' Compensation Programs
Marcum v. Abbs Resources (BRB 17-0355 BLA): black lung award sent back for medical review
Lavodus Marcum pursued her late husband's black lung claim after he died. Dennis Marcum had 14 years of coal mine work, so the 15-year presumption did not apply. The administrative law judge found that Dennis was totally disabled and had clinical pneumoconiosis arising from mine work, then awarded…
Elizabeth Lawson, on behalf of and widow of Delbert R. Lawson v. Hanover Resources, LLC and Brickstreet
Lawson v. Hanover Resources (BRB 17-0327, 17-0327 BLA-A, and 17-0382 BLA): miner and survivor awards remanded
Elizabeth Lawson pursued her late husband Delbert's black lung claim and a survivor's claim. The administrative law judge awarded benefits after treating Delbert's 30 years of surface mine work as qualifying for the 15-year presumption, and awarded Elizabeth derivative survivor's benefits. The…
W.S. and U.S. Postal Service, Post Office, Melville, NY
Board upholds denial of late written record review request (ECAB 18-0113)
W.S., a postal mail handler, sought written record review of OWCP’s April 14, 2017 injury decision. Her request was postmarked May 17, after the May 15 deadline. The Board found that OWCP reasonably declined to grant discretionary review despite the late filing. It affirmed the refusal without…
V.B. and Department of Veterans Affairs, New Mexico Healthcare System, Albuquerque, NM
Board upholds denial of workplace exposure claim (ECAB 17-1847)
V.B., a VA civilian pay supervisor, reported symptoms after exposure to fumes in a work building. OWCP accepted the incident, but the Board found that the physicians did not adequately explain how it caused or aggravated a diagnosed condition. It also found that physician assistant reports could…
V.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX
Board orders further review of nurse’s disability claim (ECAB 17-1418)
V.G., a VA nurse with an accepted arm and shoulder injury, sought total disability benefits for April 17 through August 24, 2016. Her physician’s reports connected the injury to an inability to perform nursing duties, but did not explain causation enough to establish entitlement. The Board found…
S.C. and Department of the Treasury, Internal Revenue Service, Richmond, VA
Board orders new left leg impairment evaluation (ECAB 17-1173)
S.C., an IRS tax examiner, sought an award above the 26 percent left leg impairment already recognized. The Board found that the evaluating physician and OWCP medical adviser had not adequately explained their ratings under the applicable guides. Once OWCP undertook medical development, it had to…
E.V. and Department of Labor, Mine Safety & Health Administration, Mesa, AZ
Board upholds denial of mine inspector’s neck claim (ECAB 17-0269)
E.V., a mine safety inspector, reported neck and arm symptoms after climbing down a haul truck ladder at work. OWCP accepted that the incident occurred. The Board found that the medical reports and diagnostic studies did not explain how the incident caused or aggravated the cervical condition. It…
C.R. and Department of Veterans Affairs, Veterans Health Administration, Connecticut Healthcare System, West Haven, CT
Board confirms overpayment but orders waiver review (ECAB 17-0117)
C.R., a VA health technician, received wage loss compensation after she returned to full time work. The Board agreed that the November 3 through 15, 2014 overlap produced a $966.94 overpayment. It found that she was without fault for accepting the first incorrect direct deposit because OWCP had not…
M.M. and Department of the Navy, Naval Weapons Center, China Lake, CA
Board upholds denial of consequential left knee claim (ECAB 16-1655)
M.M., a Navy IT specialist, had an accepted right knee injury and sought coverage for a later left knee condition. The Board found that OWCP properly obtained a new impartial medical opinion after learning that the first selected impartial examiner worked in the same medical practice as the second…
Jody Wilson Construction, Inc.
Fall citation reduced from willful to serious
Jody Wilson Construction installed siding and screen enclosures and agreed to make an additional siding repair from a residential roof more than eight feet above the ground. Two employees worked on the roof without guardrails, safety nets, or personal fall arrest systems, and the foreman fell and…
Envision Waste Services, LLC
Safety items split and penalties reduced
Envision Waste Services operated a waste-sorting facility where employees separated recyclables from mixed waste that included used needles and other medical waste. The Commission affirmed the requirement for puncture-resistant gloves and violations involving fire-extinguisher, bloodborne-pathogen…
Veolia ES Technical Solutions, L.L.C.
In re Veolia ES Technical Solutions, L.L.C. (EAB CAA Appeal No. 17-02): permit remanded and petition dismissed without prejudice
Veolia ES Technical Solutions, L.L.C. petitioned the Environmental Appeals Board for review of a Title V renewal permit issued by EPA Region 5. The parties reached a contingent settlement agreement, and EPA decided not to withdraw its consent after public notice and comment. The Board found good…
K.C. and U.S. Postal Service, New York International Service Center, Jamaica, NY
Board upholds denial of postal worker’s emotional condition claim (ECAB 18-0018)
K.C., a postal custodian, attributed symptoms to an alleged verbal assault by a supervisor at work. The Board found that witness statements did not substantiate verbal abuse or another compensable work factor. It therefore did not reach the medical evidence concerning the claimed emotional…
R.D. and Department of the Army, Tank-Automotive & Armaments Command, Fort Benning, GA
Board reverses wage loss termination but upholds arm rating (ECAB 17-1818)
R.D., an Army equipment servicer with an accepted left shoulder injury, challenged both a wage loss termination and the lack of an award above 23 percent left arm impairment. The Board reversed the termination because OWCP had failed to consider relevant medical evidence received before its…
J.V. and U.S. Postal Service, Post Office, Tampa, FL
Board orders clarification of bilateral arm impairment ratings (ECAB 17-1766)
J.V., a retired postal machine operator, sought additional awards for both arms after earlier shoulder and nerve impairment awards. The Board found that the examiner had not explained whether his new ratings duplicated the prior awards or why he averaged rating factors. It ordered OWCP to seek…
A.W. and Department of the Navy, Naval Station Great Lakes, Great Lakes, IL
Board upholds denial of additional conditions and disability recurrence (ECAB 17-1740)
A.W., a Navy police officer, sought recognition of a right knee condition and additional lumbar conditions after an accepted fall. She also claimed a recurrence of disability beginning May 1, 2014. The Board credited an impartial medical examiner’s reasoned finding that the work injury had resolved…
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.