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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H.E. and Department of Commerce, National Oceanic and Atmospheric Administration, Seattle, WA
H.E. (ECAB 15-0963): Merit reconsideration denied
A National Oceanic and Atmospheric Administration employee sought reconsideration of a compensation decision involving his pay rate. He submitted employer correspondence and retirement records that OWCP had already reviewed. The Board found no new relevant evidence or legal argument requiring a…
Secretary of Labor v. Ferraiolo Construction
Default vacated after filings went to wrong address
Ferraiolo Construction timely contested a penalty assessment, but the Secretary mailed the penalty petition to the company's former address. The show-cause order went to the same wrong address and was returned undelivered, so Ferraiolo never answered and a default became final. The Commission found…
Brown v. Synovus Financial Corp.
Brown v. Synovus Financial (DOL ARB 2017-0037): Late appeal denied
Michael Brown asked the Board to set aside an administrative law judge's dismissal of his Sarbanes-Oxley complaint, alleging fraud on the court. The Board treated his motion as a petition for review but found it filed after the 14-day deadline. Brown said his attorney had promised to file the…
J.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Chicago, IL
J.P. (ECAB 17-0409): After-hours fall not established as work duty
A Veterans Affairs employee fell while leaving the workplace after his scheduled shift. He could not explain why he remained on the premises for about an hour and a half, and the record did not show a work-related reason for his presence then. The Board found that being on the premises alone did…
M.B. and U.S. Postal Service, Post Office, Roanoke, VA
M.B. (ECAB 17-0314): Claimed disability period denied
A postal carrier assistant had an accepted cervical strain and sought compensation for a month away from work. His physician initially released him to full duty and later mentioned a lifting restriction without explaining any injury-related inability to perform the job during specific dates. The…
J.C. and Social Security Administration, Portland, OR
J.C. (ECAB 16-1889): Social Security offset overpayment affirmed
A Social Security Administration employee received FECA compensation while also receiving benefits requiring an offset. OWCP found a $54,341.91 overpayment. The Board upheld the amount and fault determination, which barred waiver, and found the repayment rate reasonable in light of the financial…
D.M. and U.S. Postal Service, Post Office, Corpus Christi, TX
D.M. (ECAB 16-1811): Reduced work hours not medically linked to back injury
A postal carrier with accepted lumbar disc and nerve conditions worked six hours a day in a modified job. His physician later limited him to four hours, but did not adequately explain why the accepted back conditions prevented six hours of that work. The Board found the medical evidence…
T.B. and Department of Veterans Affairs, Philadelphia Veterans Hospital, Philadelphia, PA
T.B. (ECAB 16-1551): Total disability claim denied
A Veterans Affairs housekeeping aide retired after working in a limited-duty assignment. He later sought total disability compensation tied to accepted aggravation of knee arthritis. The medical opinions supported work with restrictions rather than total disability, and the record did not establish…
G.C. and U.S. Postal Service, Fort Dearborn Station, Chicago, IL
G.C. (ECAB 16-1503): Knee-related disability recurrence denied
A postal employee had accepted temporary aggravation of degenerative tears in both knee menisci and returned to modified duties. He later claimed intermittent and then total disability. His physician discussed worsening arthritis and proposed left knee surgery, but the accepted conditions were…
United States Department of Homeland Security, U.S. Customs and Border Protection, Laredo Field Office, Hidalgo Port of Entry (Agency) and National Treasury Employees Union, Chapter 149 (Union)
CBP Hidalgo Port of Entry and NTEU Chapter 149 (FLRA 0-AR-5217): Overtime pools must reflect prior work
Customs and Border Protection limited employees' overtime pools to passenger screening and their current bid units. An arbitrator found that some employees had already performed regular-duty work in other units but were treated as unqualified for the same work on overtime. He ordered CBP to…
T.B. and U.S. Postal Service, Mail Processing Annex, Indianapolis, IN
T.B. (ECAB 17-0304): Neck and shoulder injury claim denied
A postal employee attributed neck and shoulder conditions to lifting and handing scanners to coworkers. Her physician listed diagnoses and marked a causal box, but did not explain how the work activity produced the conditions and claimed disability. The Board found that evidence insufficient and…
W.A. and U.S. Postal Service, Post Office, Palm Desert, CA
W.A. (ECAB 17-0225): Reconsideration request returned for correct standard
A postal employee asked OWCP to reconsider an earlier claim decision. OWCP treated the request as timely because it mistook a prior nonmerit denial for a merits decision. The Board identified the actual last merits decision and found the new request arrived more than a year later. It remanded for…
J.D. and Department of Homeland Security, Transportation Security Administration, Romulus, MI
J.D. (ECAB 17-0172): Merit reconsideration required
A transportation security officer sought review of an injury claim after a chair broke beneath her at work. Her physician later supplied diagnostic codes clarifying that the reported sacroiliac and pelvic conditions were medical diagnoses. The Board found this new evidence relevant to the issue on…
S.M. and Department of Homeland Security, Customs & Border Patrol, Deming, NM
S.M. (ECAB 16-1894): Wage-loss termination affirmed
A border patrol employee received wage-loss benefits for accepted lumbar conditions. OWCP found that disability from those conditions had ended, although he also had injuries from a later nonwork motorcycle accident. The Board held that OWCP carried its burden to terminate wage-loss benefits and…
D.S. and U.S. Postal Service, Post Office, Tampa, FL
D.S. (ECAB 16-1749): Leg impairment ratings remanded
A postal carrier sought additional schedule awards for both legs after an accepted back injury. OWCP physicians and his attending physician disagreed about the extent of impairment. The Board found a medical conflict requiring an impartial specialist under FECA. It returned the claim for that…
R.J. and U.S. Postal Service, Clearing Station, Chicago, IL
R.J. (ECAB 16-1733): Back injury claim denial affirmed
A postal employee reported back symptoms after stepping onto an uneven surface while descending stairs at work. His doctor attributed lumbar neuritis or radiculitis to the incident largely because symptoms appeared afterward. The Board found no adequate medical explanation of how the event caused…
M.B. and U.S. Postal Service, Graceland Station, Chicago, IL
M.B. (ECAB 16-1826): Additional leg schedule award denied
A postal employee sought larger schedule awards for both legs. Newer examiners rated substantially less impairment than the percentages she had already received, and the record lacked a reasoned opinion supporting an increase. The Board found no basis for an additional award and affirmed OWCP’s…
L.B. and U.S. Postal Service, Post Office, Southeastern, PA
L.B. (ECAB 16-1788): Bilateral arm impairment ratings remanded
A postal employee sought larger awards for accepted wrist and carpal tunnel conditions. An impartial examiner did not fully explain an adjustment to the left arm rating or assess the accepted wrist tear, and OWCP had not obtained the required medical adviser review of his calculations. The Board…
D.A. and U.S. Postal Service, Distribution Center, San Francisco, CA
D.A. (ECAB 16-1715): Late schedule award reconsideration denied
A postal clerk asked OWCP to revisit a schedule award. Her filing did not include a new impairment rating that would support a fresh increased-award claim, so OWCP treated it as reconsideration. The request arrived four days late, and the submitted medical report did not show clear error in the…
F.C. and Department of Homeland Security, Immigration & Customs Enforcement, New York, NY
F.C. (ECAB 16-1523): Wage-loss and medical benefit terminations affirmed
An Immigration and Customs Enforcement employee had an accepted thoracic sprain. OWCP terminated wage-loss and medical benefits after a medical opinion found the accepted injury resolved. A later report described other symptoms and disability without explaining a link to the accepted sprain. The…
E.S. and Department of the Navy, Charleston Naval Shipyard, Charleston, SC
E.S. (ECAB 16-1248): Concurrent payments denied for consequential leg injury
A former Navy shipfitter had accepted left knee injuries and later a consequential right leg condition that led to a below-knee amputation. He sought to receive a right leg schedule award while wage-loss compensation continued. The Board explained that payments for separate injuries to different…
J.B. and U.S. Postal Service, Post Office, Hurricane, WV
J.B. (ECAB 16-0415): Wage-loss and medical termination reversed
A postal employee had accepted neck, wrist, and back injuries after a work vehicle accident. OWCP ended wage-loss and medical benefits based on a second-opinion examination. The examiner’s statement of facts omitted the accepted L5-S1 subluxation, so his report did not address every accepted…
The Reybold Group of Companies, Inc
Young worker fall violations affirmed and willful item reduced
Reybold employed a 17-year-old vocational-school student at a Delaware residential construction project where balconies remained open and unguarded. The student regularly accessed balconies for cleanup work and was hospitalized after falling 11 feet while receiving trim passed down from the floor…
Secretary of Labor v. M-Class Mining, LLC
Secretary's petition for review granted
The Secretary of Labor petitioned for discretionary review in the penalty case against M-Class Mining, LLC. The Commission granted the petition. This short direction for review did not state the issues accepted for review or decide the merits.
L.W. and U.S. Postal Service, Post Office, Racine, WI
L.W. (ECAB 17-0526): Right shoulder claim returned for complete record
A postal carrier claimed that extra reaching from her vehicle during mail delivery aggravated a right shoulder condition. OWCP denied the claim while relying on reports in an earlier shoulder injury file. Those reports were not included in the record before the Board. The Board required OWCP to add…
C.M. and Department of Homeland Security, Transportation Security Administration, Federal Air Marshal Service, Sunrise, FL
C.M. (ECAB 17-0519): Flight-related ear claim untimely
A federal air marshal attributed ear injury to an aircraft descent during work travel. He filed the injury form in September 2016, more than three years after the flight. The record also lacked proof that his supervisor knew of a work injury or received written notice within 30 days. OWCP had found…
M.W. and Department of Veterans Affairs, Veterans Health Administration, Montgomery, AL
M.W. (ECAB 17-0155): Workplace air exposure not established
A Veterans Affairs medical records technician attributed several conditions to poor air quality at work. Environmental testing found normal conditions in the area and pollutant levels below applicable limits. The Board found that this evidence cast serious doubt on the alleged exposure. It upheld…
E.W. and Department of Veterans Affairs, Veterans Health Administration, Denver, CO
E.W. (ECAB 16-1729): Right shoulder occupational claim denied
A Veterans Affairs nursing assistant attributed a right shoulder condition to work activities. OWCP accepted the described duties, but the physicians did not provide a sufficiently reasoned opinion linking them to the diagnosed condition. The Board affirmed the denial.
J.A. and Department of Justice, U.S. Marshals Service, Montgomery, AL
J.A. (ECAB 16-1621 and 16-1622): Finger award denied, elbow rating remanded
A deputy marshal appealed separate schedule award denials for a right little finger injury and left elbow bursitis. The Board found the finger impairment opinion speculative and inadequately rated. For the elbow, OWCP had not sent the attending physician’s impairment reports to a district medical…
B.D. and Department of Homeland Security, Federal Air Marshal Service, Chicago, IL
B.D. (ECAB 16-1611): Radio dispatcher wage-capacity reduction reversed
A federal air marshal challenged a wage-earning capacity reduction tied to a radio dispatcher job. The job description was for a government civil service position, and the record did not show it was generally available. OWCP procedures barred relying on such a position without actual employment in…
M.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ
M.G. (ECAB 16-1453): Emotional-condition claim denial affirmed
A Veterans Affairs medical support assistant attributed emotional symptoms to workplace events. The employer acknowledged that coworkers had improperly accessed her medical chart, and the Board treated that as a compensable factor. Her physicians did not provide a reasoned causal opinion tied to…
C.C. and U.S. Postal Service, Post Office, Akron, OH
C.C. (ECAB 16-1190): Social Security offset overpayment remanded
A postal employee received FECA compensation and Social Security benefits. OWCP calculated an overpayment using an August 2013 start date for a federal-service offset. The Board found no explanation for that date, which did not match the employee’s age milestones. It directed OWCP to obtain…
Secretary of Labor v. Pete Lien and Sons, Inc.
Misrouted penalty contest reopened
Pete Lien and Sons said it intended to contest two of eight citations and pay the remaining penalties. The company said it accidentally mailed the contest form with its payment to MSHA's St. Louis payment office instead of the Arlington contest office, and discovered the error after receiving a…
Secretary of Labor v. Freeport-McMoRan Sierrita, Inc.
Mixed rulings on equipment, housekeeping, and suspended loads
Freeport-McMoRan Sierrita contested nine citations involving haul-truck steering and brakes, a spill-containment area, and work around suspended loads at its surface copper mine. Judge Richard W. Manning vacated six citations because MSHA did not prove untimely correction of the steering defect…
Secretary of Labor v. John Richards Construction
Entry refusal affirmed, extinguisher ruling remanded
John Richards Construction refused to let an MSHA inspector enter its sand and gravel mine until the owner returned to accompany him. The Commission affirmed that this was an intentional denial of MSHA's statutory right of entry, upheld high negligence, and affirmed the $1,000 penalty. A second…
Secretary of Labor v. Nyrstar Gordonsville, LLC
Mistaken payment did not forfeit contest
Nyrstar Gordonsville intended to contest two citations related to a contractor injury but mistakenly paid the proposed penalties. The employees reviewing assessments overlooked the citations because the penalties were lower than expected, one employee was changing positions, and the other was…
G.S. and Department of Justice, Bureau of Prisons, Milan, MI
G.S. (ECAB 17-0489): Knee schedule award returned for arthritis review
A Bureau of Prisons employee sought a larger schedule award after an accepted left knee meniscus tear and surgery. OWCP’s referral physician rated two percent leg impairment but lacked knee x-rays and did not account for preexisting arthritis in the impairment calculation. The Board directed OWCP…
G.M. and Department of the Navy, Naval Sea Commands Headquarters, Washington, DC
G.M. (ECAB 17-0149): Late reconsideration request rejected
A Navy employee sought to reopen a denied claim stemming from a workplace emergency. OWCP received his reconsideration request after the one-year deadline following its March 31, 2015 merit decision. The Board had jurisdiction over the refusal to reopen, but not the underlying injury claim. It…
R.M. and U.S. Postal Service, Post Office, Cleveland, OH
R.M. (ECAB 17-0088): Leg impairment rating requires new examination
A postal carrier sought a schedule award for left leg impairment following an accepted back injury and sciatica. Her physician rated six percent impairment, while OWCP’s medical adviser found none and raised concerns about new physical findings. OWCP had also identified the need for a second…
S.M., son of J.M., and U.S. Postal Service, Bulk Mail Center, Jersey City, NJ
S.M. (ECAB 16-1725): Death-benefit claim returned for premises findings
The son of a postal employee sought benefits after his father died following a shift during a snowstorm. The employee had remained near the facility overnight and collapsed while going to meet his son for a ride home. The Board found that OWCP had not sufficiently investigated the premises…
J.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Bedford, MA
J.S. (ECAB 16-1057): Surveillance incident outside employment duties
A Veterans Affairs investigator was conducting surveillance when he saw apparent drug activity and contacted police. After losing contact with his assigned subject, he returned to the parking lot and said people there threatened him. The Board found that he gave no reason why returning to the lot…
H.S. and U.S. Postal Service, Post Office, West Sacramento, CA
H.S. (ECAB 16-0998): Head injury and emotional-condition claims denied
A postal motor vehicle operator said he fainted and injured his head after a confrontation with a supervisor. Coworker accounts and the immediate medical record did not support his account of a fall and head strike. The Board also found that the alleged workplace threats and mistreatment did not…
J.T. and Department of Defense, Defense Depot, Memphis, TN
J.T. (ECAB 16-0731): Request for a replacement wheelchair van denied
A Defense Depot employee sought a new wheelchair-accessible van after his existing van developed mechanical problems. OWCP obtained a repair estimate of $5,275.66, below the van’s lowest current Blue Book value. The Board found OWCP’s reliance on that estimate reasonable and gave little weight to…
W.M. and Department of the Interior, National Park Service, Flagstaff, AZ
W.M. (ECAB 15-1080): Park ranger’s emotional-condition claim denied
A National Park Service ranger attributed an emotional condition to his workload, a performance appraisal dispute, and alleged mistreatment by supervisors. The Board found the claimed overwork and harassment unsubstantiated. It treated the appraisal issues as administrative matters and found no…
J.H. and Smithsonian Institution, Museum Support Center, Suitland, MD
J.H. (ECAB 17-0248): Carpal tunnel occupational claim denied
A Smithsonian lead security guard attributed carpal tunnel symptoms to prolonged typing at an elevated desk, lifting, and grasping at work. The Board accepted the described duties. It found that the submitted medical opinions lacked a sufficiently reasoned causal explanation for her diagnosed…
D.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
D.H. (ECAB 17-0178): Back injury claim denied for insufficient medical proof
A Veterans Affairs housekeeping aide reported lower back pain while bending to clean under a toilet. The Board accepted that this work incident occurred. It found that the medical reports did not adequately explain how the incident caused or aggravated the diagnosed lumbar conditions. It affirmed…
S.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
S.H. (ECAB 16-1620): Neck condition and wage-loss claims denied
A postal distribution clerk had an accepted fainting episode while sorting mail. She later sought recognition of cervical radiculopathy and wage-loss compensation for two periods in 2013. The Board found the medical evidence insufficient to connect the neck condition or claimed disability to the…
W.A. and U.S. Postal Service, Post Office, Kearny, NJ
W.A. (ECAB 16-1544): Right shoulder claim denial affirmed
A postal clerk reported right shoulder pain while sorting letters into bins after returning from a prior disability period. The Board accepted that she experienced pain during the November 11, 2011 work incident. It found that her physician’s reports did not provide a sufficiently reasoned medical…
M.C. and U.S. Postal Service, Manager Sioux Falls Processing & Distribution Center, Sioux Falls, SD
M.C. (ECAB 16-1452): Shoulder injury claim denied for lack of medical link
A postal mail handler reported sharp pain in both shoulders while lifting a package at work. OWCP accepted that the lifting incident occurred. The Board found that the submitted medical reports did not give a reasoned explanation connecting the incident to a diagnosed shoulder condition. It…
S.P. and U.S. Postal Service, Post Office, Greenville, MS
S.P. (ECAB 16-1349): Termination of back-injury benefits affirmed
A postal clerk had received benefits for an accepted back injury. OWCP ended wage-loss compensation and medical benefits based on a second-opinion orthopedic examination finding no remaining effects of the accepted conditions. The Board found that opinion sufficient to support termination. It also…
M.B. and U.S. Postal Service, Post Office, Bardstown, KY
M.B. (ECAB 16-1346): Social Security offset overpayment upheld
A former postal carrier received FECA wage-loss compensation and Social Security retirement benefits attributable in part to federal service. The Board upheld OWCP’s calculation of a $21,810.95 prohibited dual-benefit overpayment. Although she was not at fault, the financial record did not support…
Secretary of Labor v. Teichert Aggregates
Handrail did not adequately guard head pulley
Teichert Aggregates operated a surface sand and gravel mine where a conveyor head pulley could be reached from a work platform surrounded by handrails. Judge Margaret A. Miller held that the handrails did not adequately guard the moving parts because a miner could climb through or over them, and…
Michael Wilson, Justin Greenwell, and Brandon Shemwell v. Armstrong Coal Company, Inc.
Mine interfered with representatives' inspection rights
Three miners' representatives alleged that Armstrong Coal interfered with their rights during MSHA inspections at the Parkway Mine. Judge John Kent Lewis held that Armstrong unlawfully failed to notify Justin Greenwell of an inspection or arrange transportation, but rejected Brandon Shemwell's…
K.K. and U.S. Postal Service, Post Office, Russell, KS
K.K. (ECAB 17-0242): Merit review of wage-capacity modification request required
A postal carrier sought reconsideration of a wage-earning capacity ruling based on her modified job. She submitted reports of several later procedures and updated work restrictions. The Board held that OWCP should have treated her request as one to modify the wage-earning capacity determination and…
T.C. and Department of Homeland Security, Transportation Security Administration, Houston, TX
T.C. (ECAB 16-1652): Claimed disability period not medically established
A transportation security officer sought wage-loss compensation for an extended period after accepted emotional and spinal conditions. The Board reviewed the medical reports and found no sufficiently reasoned opinion establishing total work disability from those conditions for the claimed period…
J.E. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
J.E. (ECAB 16-1391): Hearing-loss claim filed too late
A retired Navy shipyard welder said he knew of work-related hearing loss in 1983 but filed a claim in January 2016. The Board found the claim outside FECA’s three-year period and found no proof of timely employer notice. It also upheld OWCP’s denial of his request for a review of the written…
W.H. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Fort Dix, NJ
W.H. (ECAB 16-1297): Prior counsel’s fee approval upheld
A correctional officer challenged OWCP’s approval of his prior attorney’s $1,500 fee. The Board reviewed the detailed fee application and the employee’s signed statement approving the amount. It found no abuse of discretion in OWCP’s fee approval and affirmed that decision.
A.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Tampa, FL
A.L. (ECAB 16-1092): Partial wage-loss claim denied
A Veterans Affairs nursing assistant sustained an accepted back injury while moving a patient. He later worked as a day room greeter and claimed partial wage-loss compensation from September 22, 2014 through March 5, 2015. The Board found that his actual earnings during that period exceeded his…
G.G. and U.S. Postal Service, Post Office, Bainbridge, GA
G.G. (ECAB 16-1081): Suitable-work refusal termination upheld
A postal employee with accepted shoulder and emotional conditions was offered a modified job. The Board found the position suited to the medical restrictions and found no justified reason for refusing it. It therefore upheld the termination of compensation effective November 6, 2013. It also…
American Federation of Government Employees, Local 1482 (Union) and United States Department of the Navy, U.S. Marine Corps, Marine Corps Logistics Base, Barstow, California (Agency)
AFGE Local 1482 and Marine Corps Logistics Base Barstow (FLRA 0-AR-5266): Attorney-fee denial upheld
The Marine Corps suspended an employee for fourteen days after an altercation with another employee. An arbitrator reduced the suspension to two days and awarded backpay, but later denied the union's request for attorney fees. The union argued that the fee decision lacked the specific findings…
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.