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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N.A. and Department of Veterans Affairs, North Texas Health Care System, Dallas, TX
N.A. (ECAB 16-1155): Wage earning capacity determination remains in place
A Veterans Affairs nursing assistant worked a 20 hour modified schedule after accepted spine injuries. She later stopped working and sought to change OWCP’s wage earning capacity determination, citing wheelchair pushing and computer work that aggravated her symptoms. The Board found evidence that…
V.J. and U.S. Postal Service, Post Office, Houston, TX
V.J. (ECAB 16-1123): Disability evidence and late injury notice rejected
A postal carrier sought compensation for disability from September 2013 through July 2014 after a right knee injury. The Board found that her physicians did not adequately explain why that injury prevented her from doing limited duty during the claimed period, or account for other knee conditions…
Y.J. and U.S. Postal Service, Post Office, Oakland, CA
Y.J. (ECAB 16-0748): Late reconsideration requests did not show clear error
A postal employee asked OWCP in 2015 to reconsider a claim whose last Board merits decision was issued in 2008. The requests arrived beyond the one year reconsideration deadline. She argued that surveillance footage was altered and repeated other objections, but the Board found they did not show…
T.J. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
T.J. (ECAB 17-0267): Accepted hearing loss did not support a schedule award
A Navy shipyard police officer sought a schedule award for work-related hearing loss. OWCP had accepted bilateral sensorineural hearing loss and tinnitus, but its physician’s audiogram yielded zero percent ratable hearing impairment under the applicable guide. The Board found that older audiograms…
S.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Huntington, WV
S.S. (ECAB 16-1792): Foot impairment claim sent back for proper evidence request
A Veterans Affairs employee sought a schedule award for lower extremity impairment from accepted bilateral plantar fasciitis. OWCP denied the claim without first requesting the medical evidence needed for this schedule award application and allowing 30 days to respond. The Board held that a request…
D.M. and U.S. Postal Service, Post Office, Fayetteville, AR
D.M. (ECAB 16-1734): Mail handling claim lacked identifiable physician evidence
A postal employee claimed a lumbar strain after reaching into a wire container for mail. OWCP accepted the September 29, 2015 incident but denied the injury claim. The submitted chart notes and duty status reports had illegible signatures, so the Board could not determine whether a qualified…
L.S. and U.S. Postal Service, Post Office, Binghamton, NY
L.S. (ECAB 16-1664): Wrist and thumb claim lacked a reasoned medical link
A postal city carrier attributed left wrist and thumb conditions to her work duties. Most of the submitted reports came from physician assistants, whose opinions the Board could not treat as physician evidence under FECA. The physicians’ reports either did not address work causation or gave a…
B.J. and Department of the Army, Evans Army Community Hospital, Fort Carson, CO
B.J. (ECAB 16-1660): Elbow injury and reconsideration denials affirmed
An Army hospital cook claimed a left elbow injury after pulling a food cart on October 15, 2015. The Board found that the medical reports did not explain how that incident caused a diagnosed condition; a checked causation box alone was insufficient. His later reconsideration request supplied a…
L.M. and Department of Homeland Security, Transportation Security Administration, Bentonville, AR
L.M. (ECAB 16-1514): Late impairment reconsideration request denied
A Transportation Security Administration employee sought to revisit an award for seven percent left arm impairment. OWCP received his reconsideration request more than one year after its last merit decision. He argued that OWCP should have clarified a physician’s report or sought another…
BML Construction
Contest dismissed after company abandoned case
OSHA cited BML Construction for two serious violations at a Missouri construction site and proposed penalties totaling $4,320. After filing a notice of contest, BML did not communicate with the Secretary, attend the pretrial conference, respond to a sanctions motion, or answer the judge's order to…
F.V. and Peace Corps Volunteer Services, La Paz, Honduras
F.V. (ECAB 14-0986): Arm impairment rating sent back for a consistent method
A Peace Corps volunteer sought a larger right arm schedule award after fractures from a fall. OWCP had awarded 13 percent permanent impairment. The Board found that OWCP physicians applied the diagnosis-based and range-of-motion methods inconsistently across upper extremity cases, preventing…
Gene Estella v. Newmont USA Limited
Review denied until remedies were decided
A Commission judge found that Newmont USA discriminated against miner Gene Estella and directed the parties to address the remedies still due. Newmont filed a protective petition asking the Commission to review the discrimination finding before the monetary relief was determined. The Commission…
Gupta v. Headstrong, Inc.
Gupta v. Headstrong (DOL ARB 2015-0032): Dismissal under settlement agreement affirmed
Arvind Gupta appealed the dismissal of his H-1B program complaint against Headstrong. A Labor Department investigation found $5,736.96 in back wages owed but already paid. A judge found that a separate 2008 settlement, which included a $7,000 payment, released Gupta's employment claims. The Board…
M.A. and U.S. Postal Service, Post Office, Lodi, CA
M.A. (ECAB 16-1687): Termination of sprain benefits upheld
A postal employee received benefits for accepted right hand, right wrist, and left ankle sprains after a fall. OWCP ended wage loss and medical benefits on October 23, 2014 based on a referral physician’s opinion that the accepted injuries no longer required treatment or caused disability. The…
T.J. and Department of Homeland Security, Transportation Security Administration, Los Angeles, CA
T.J. (ECAB 16-1473): Surveillance monitor wage capacity finding upheld
A former airport screener received wage loss benefits after an accepted back injury. OWCP reduced his compensation based on the wages he could earn as a surveillance system monitor, a job the Board found physically suitable and available in his labor market. He later sought modification, but his…
S.D. and U.S. Postal Service, Cortese Station, San Jose, CA
S.D. (ECAB 16-1394): Knee claim denied; emergency treatment issue left to OWCP
A postal carrier attributed a left knee condition to extensive walking on his mail route. The Board found that one physician did not explain how walking caused the diagnosed condition, while another gave no causation opinion and a third said the condition was unrelated to work. It affirmed OWCP’s…
M.C. and Department of Labor, Mine Safety and Health Administration, Warrendale, PA
M.C. (ECAB 16-1238): Five claimed disability days lacked medical proof
A mine safety inspector with accepted carpal tunnel syndrome and trigger finger sought compensation for five full days missed from a modified job. Her doctors described work restrictions and pain, but did not explain why the accepted conditions prevented her from performing the sedentary assignment…
Brower Dental Health, P.C.
Exposure-control-plan violation affirmed with reduced penalty
Brower Dental Health operated dental offices where employees encountered blood and other potentially infectious material in their daily work. During OSHA's inspection, employees could not locate or identify the required written exposure control plan, and the owner did not produce one until about…
K.T. and U.S. Postal Service, Post Office, Redlands, CA
K.T. (ECAB 16-0105): Emotional condition claim lacked a proven work factor
A postal carrier attributed an emotional condition to an allegedly excessive route, supervisory conduct, changed work hours, and harassment. The Board found the overwork and harassment allegations insufficiently supported. It also found no proven error or abuse in the challenged management actions…
Manuel P. Ruiz v. Pinto Valley Mining Corporation
Crane-safety refusal was protected activity
Manuel Ruiz told Pinto Valley that he did not have enough practical experience to operate cranes safely after more than two years without using the equipment. Management initially accepted the concern, arranged refresher training, and later agreed that he needed supervised seat time, but the mine…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew Varady v. Veris Gold USA, Inc. (FMSHRC WEST 2014-614-DM, WEST 2014-307-DM): Bankruptcy and successor issues set for briefing
Daniel Lowe and Matthew Varady had established discrimination claims against Veris Gold before the company entered bankruptcy and sold the Jerritt Canyon Mill assets. They sought remedies from purchaser Jerritt Canyon Gold and proposed successor WBox, while the bankruptcy court ordered them to stop…
T.S. and Department of Justice, U.S. Marshals Service, Washington, DC
T.S. (ECAB 17-0291): Missing report did not reopen traumatic injury claim
A U.S. marshal filed a recurrence claim for neck and arm symptoms after an accepted 1997 injury; OWCP treated the filing as a new traumatic injury claim, which it denied. His reconsideration request referred to a new physician report, but that report was not in OWCP’s record when it ruled. The…
Perdue Foods, Inc.
Partial settlement order remanded for unresolved item
Perdue Foods and the Secretary submitted a settlement agreement that expressly excluded Citation 1, Item 2 because Perdue intended to continue contesting it. The judge nevertheless approved the settlement and the order was docketed, even though the agreement did not resolve the entire case. Within…
L.A. and Nuclear Regulatory Commission, HRO Headquarters, Washington, DC
L.A. (ECAB 16-1586): Neck claim not reopened without specific work factors
A Nuclear Regulatory Commission employee attributed neck symptoms to computer work, but had not specified the tasks, frequency, or duration when OWCP asked for them. Her reconsideration materials addressed medical questions rather than that missing factual account. The Board also found the…
D.M. and Department of Veterans Affairs, Battle Creek Veterans Administration Medical Center, Battle Creek, MI
D.M. (ECAB 16-1559): Repetitive equipment work not medically linked to back condition
A Veterans Affairs technology specialist claimed that years of carrying equipment and working in cramped spaces caused or aggravated his lumbar condition. OWCP accepted that he performed those duties. The Board found that physicians who attributed the condition to work did not explain the medical…
F.G. and U.S. Postal Service, Post Office, Huntersville, NC
F.G. (ECAB 16-1482): One percent leg impairment award upheld
A postal employee sought more than one percent permanent left leg impairment after surgery for an accepted lumbar disc condition. One physician proposed a 12 percent rating without showing how he used the applicable impairment guide. The Board found OWCP’s medical adviser supplied the only…
L.D. and Department of Homeland Security, U.S. Coast Guard, Warwick, RI
L.D. (ECAB 16-1243): Late wage loss reconsideration lacked clear error
A former Coast Guard construction representative sought FECA wage loss compensation dating from his 1992 election of a disability retirement annuity. His reconsideration request came more than a year after the last merits decision and focused on timeliness, without showing clear error in OWCP’s…
R.M. and U.S. Postal Service, Post Office, Columbus, OH
R.M. (ECAB 16-0315): Cervical condition did not prove disability on claimed dates
A postal carrier sought wage loss for intermittent dates from June 1 through October 3, 2013 after an accepted cervical disc condition and surgery. He had returned to restricted work, and his physician later said he was disabled by his neck condition. The Board found that the physician had not…
Secretary of Labor v. The American Coal Company
Unwarrantable findings restored for belt hazards
Three orders at American Coal's Galatia Mine involved energized electrical work, extensive combustible accumulations along a belt, and failure to record hazardous conditions during on-shift examinations. The Commission affirmed the judge's treatment of the electrical violation as S&S and highly…
L.L. and Department of Agriculture, Food Safety and Inspection Service, Nashville, AR
L.L. (ECAB 17-0040): Late schedule award request did not reopen claim
A federal food inspector asked OWCP to reconsider a denial of a schedule award related to an accepted back injury. OWCP received the request more than one year after its last merits decision. Her new and repeated medical reports described symptoms and treatment but gave no permanent impairment…
M.M. and U.S. Postal Service, Post Office, Chemung, NY
M.M. (ECAB 16-1617): Back injury denial affirmed; treatment costs left open
A postal employee claimed a back injury from an accepted September 9, 2013 work incident. The Board found that a physician described pain without a firm diagnosis or reasoned causation opinion, while other reports did not link the diagnosed conditions to the incident. It affirmed OWCP’s July 15…
J.R. and U.S. Postal Service, Trenton Processing and Distribution Center, Trenton, NJ
J.R. (ECAB 16-1579): Back claim lacked a reasoned causal opinion
A postal processing clerk claimed a back injury after bending and lifting at a mail sorting machine. OWCP accepted the September 21, 2014 incident but denied the injury claim. Several physicians attributed pain or diagnosed lumbar conditions to the incident, yet none explained medically how the…
S.C. and Department of Homeland Security, Texas Service Center, Dallas, TX
S.C. (ECAB 16-1572): Mold exposure not medically linked to kidney condition
A Homeland Security attorney claimed that mold exposure at work caused or aggravated kidney disease. OWCP accepted the exposure, but his physician said only that a fungal cause was difficult to rule out and did not conclude that work caused the condition. The Board found no reasoned medical opinion…
T.K. and Department of the Army, Letterkenny Army Depot, Chambersburg, PA
T.K. (ECAB 16-1323): Shoulder injury claim lacked a reasoned medical explanation
An Army depot welder said a grinder jerked from his hands at work on March 23, 2015, causing immediate right shoulder pain. OWCP accepted that the incident occurred but denied the injury claim because the medical evidence did not establish that it caused a diagnosed condition. One physician…
T.C. and Department of State, Bureau of Diplomatic Security, Washington, DC
T.C. (ECAB 16-1070): Travel injury claim lacked details needed to establish work connection
A State Department security specialist fell while walking from the U.S. Embassy toward his hotel during official travel in Beijing. He reported a fractured right elbow and other injuries. OWCP requested details about his route and duties to determine whether the fall occurred in the performance of…
R.D. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
R.D. (ECAB 16-0761): Schedule award denied for lack of ratable limb impairment
A transportation security officer sought a schedule award after an accepted fall caused spinal and other conditions. FECA permits a schedule award for impairment of a covered limb from a spinal condition, but it does not provide an award for impairment of the spine itself. OWCP’s medical adviser…
Kenneth L. Wolff v. Bridger Coal Company
Nearly four-year delay barred discrimination claim
Kenneth Wolff alleged that Bridger Coal placed him on crisis suspension after he discussed and criticized the company's handling of safety concerns, leading him to resign in 2012. He did not file with MSHA until April 2016, even though an inspector had encouraged him to file shortly after the…
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation and Chestnut Land Holdings, LLC
Secretary of Labor on behalf of Aaron Lee Anderson v. A&G Coal Corporation (FMSHRC VA 2017-69 D): Dust complaints supported temporary reinstatement
Aaron Anderson alleged that A&G Coal discharged him three days after he repeatedly complained that heavy dust was making it unsafe to see and operate his haul truck at the Strip No. 12 Mine. He also had raised concerns about berm height and a broken truck handrail. Judge Kenneth R. Andrews found…
Secretary of Labor v. Pocahontas Coal Company, LLC
Missed penalty contest reopened over dissent
Pocahontas Coal missed the deadline to contest a proposed penalty after the Josephine No. 2 Mine had shut down and personnel and duties were reassigned. The operator said those changes prevented the assessment from being properly processed and sent to counsel. The Secretary did not oppose reopening…
Secretary of Labor v. Alcoa World Alumina, LLC
Negligence reduced and unwarrantable findings deleted
A Turner Industries contractor supervisor was seriously burned by heated caustic process liquor while a crew cleared a blocked pipe at Alcoa's Bayer Alumina Plant. Alcoa conceded three violations and their significant and substantial designations but disputed the high-negligence and…
J.C. and U.S. Postal Service, Processing & Distribution Facility, Huntsville, AL
J.C. (ECAB 16-1663): Hip disease claim lacked a detailed account of work factors
A Postal Service maintenance mechanic attributed left hip degeneration to walking and working on concrete, bending, stooping, and other duties. OWCP twice asked him to describe the work activities in more detail, including how long he performed them each day. He did not provide that information…
A.W. and U.S. Postal Service, Post Office, Baltimore, MD
A.W. (ECAB 16-1606): Termination of compensation and medical benefits upheld
A Postal Service letter carrier had accepted neck and back sprains after a vehicle accident. OWCP terminated her wage-loss compensation and medical benefits effective March 13, 2015 after a second opinion physician found no objective evidence of continuing injury. The Board found that physician’s…
C.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Palo Alto, CA
C.J. (ECAB 16-1601): Recurrence of disability not linked to accepted 2008 injury
A VA medical support assistant sought compensation for disability beginning in April 2014 after working limited duty following a 2008 back and hip injury. She attributed later disc problems and inability to work to several workplace injuries. OWCP had accepted the 2008 claim for sprains and lumbar…
B.P. and U.S. Postal Service, Post Office, Newman, GA
B.P. (ECAB 16-1549): Reconsideration denied without reopening injury claim
A Postal Service carrier claimed a left arm injury. Her claim form named only “Tray FSS” as the cause; later medical reports described her lifting a mail tub. OWCP denied the claim because her original form did not adequately describe the incident and she did not answer its questionnaire. Neither…
S.C. and Department of Veterans Affairs, Central Arkansas Healthcare System, Little Rock, AK
S.C. (ECAB 16-1322): Right arm condition not medically linked to CPR class
A VA medical instrument technician said she injured her right wrist during a CPR instructor class and later developed complex regional pain syndrome. OWCP accepted that the class incident occurred and that she had the diagnosed condition. The Board found no reasoned medical opinion explaining how…
S.D. and U.S. Postal Service, Post Office, Lakewood, NJ
S.D. (ECAB 16-1866): Reconsideration denial set aside for review of medical reports
A Postal Service letter carrier sought reconsideration of a denied injury claim. After an earlier Board remand to complete the case record, OWCP declined to reopen the claim without reviewing two medical reports it had received before its July 2016 decision. The Board held that OWCP had to consider…
L.K. and U.S. Postal Service, Post Office, Eatontown, NJ
L.K. (ECAB 16-1311): Documented coworker harassment requires medical review
A Postal Service clerk claimed an emotional condition after years of alleged harassment by a coworker. OWCP had accepted two incidents but treated other encounters as noncompensable because it found no proof that management ordered the coworker to avoid her. The Board found consistent statements…
D.S. and Department of Homeland Security, U.S. Coast Guard Office of Civilian Personnel, Baltimore, MD
D.S. (ECAB 16-1053): Wage loss claim lacked a medical link to accepted leg contusions
A Coast Guard mechanic sought wage-loss compensation after striking his legs at work. OWCP accepted contusions of both knees and lower legs. The medical reports attributed his time off work to leg ulcers but did not adequately explain how the work incident caused those ulcers or how the accepted…
D.B. and Department of the Treasury, Internal Revenue Service, Covington, KY
D.B. (ECAB 16-0818): Injury claim returned for findings on disputed workplace incident
An IRS tax examining technician claimed that her manager shoved her shoulder while she was working at her desk. The manager said she had lightly touched the employee’s arm to wake her after finding her asleep. OWCP denied the injury claim on performance of duty grounds, but did not explain how it…
E.D. and U.S. Postal Service, Post Office, Fenton, MO
E.D. (ECAB 16-0708): Late reconsideration requests did not show clear error
A former Postal Service carrier asked OWCP to reconsider its termination of wage-loss benefits connected to an accepted 1994 ankle fracture. Her 2015 requests came more than a year after the last merits decision in March 2013. The Board found that the submitted reports did not show clear evidence…
Secretary of Labor v. North American Quarry and Construction Services, LLC, et al. and Secretary of Labor v. Marty Harrington formerly employed by North American Quarry and Construction Services, LLC
Secretary of Labor v. North American Quarry and Construction Services, LLC, et al. (FMSHRC YORK 2013-212-M, YORK 2015-134-M): Parent company added under unitary-operator theory
MSHA issued four alleged flagrant violations to North American Quarry and Construction Services after investigating a fatal accident at the Mt. Marion Pit and Mill, and it separately sought individual liability against foreman Marty Harrington. Before the hearing, the Secretary moved to add parent…
I.R. and U.S. Postal Service, Post Office, San Juan, PR
I.R. (ECAB 16-1796): Finger schedule award and late hearing request denied
A Postal Service mail handler sought a schedule award after an accepted right finger fracture. OWCP requested medical evidence rating any permanent impairment, but she did not supply a qualifying rating. The Board affirmed the June 6, 2016 schedule award denial on that ground. It also upheld OWCP’s…
P.R. and U.S. Postal Service, Post Office, Beardstown, IL
P.R. (ECAB 16-1666): Knee injury claim lacked reasoned medical causation
A Postal Service carrier said her left knee popped when she jumped away from an oncoming car during her route. OWCP accepted that the March 17, 2015 incident occurred, but denied the injury claim. The Board found that medical reports diagnosing knee problems did not adequately explain how the…
H.S. and U.S. Postal Service, Post Office, Hickory, NC
H.S. (ECAB 16-1624): Existing three percent awards for each arm upheld
A Postal Service custodian sought larger schedule awards for accepted aggravation of carpal tunnel syndrome in both arms. OWCP had awarded three percent permanent impairment of each upper extremity based on a second opinion physician’s rating under the required guide. The Board found that the…
B.F. and U.S. Postal Service, Carol Stream Post Office, Carol Stream, IL
B.F. (ECAB 16-1541): Emotional condition claim and reconsideration denied
A Postal Service mail processor attributed anxiety and depression to alleged harassment by supervisors, including disputes about her time card. OWCP found no corroborated compensable work factor and denied the claim. The Board agreed that the evidence did not establish the alleged incidents as…
C.K. and U.S. Postal Service, Post Office, Painesville, OH
C.K. (ECAB 16-1294): No ratable left leg impairment shown for schedule award
A former Postal Service letter carrier sought a schedule award for left leg impairment after accepted ankle, foot, and lumbar conditions. Two physicians gave higher impairment ratings, but the Board found errors in their methods and factual assumptions under the required impairment guide. A second…
Matter of Yovany CALCANO DE MILLAN
Rehabilitative relief did not erase a qualifying conviction
The Board reviewed a petitioner's appeal from the denial of a visa petition filed for a spouse. The petitioner had a California sexual-battery conviction involving a minor, but later obtained rehabilitative relief that set the conviction aside under state law. The Board held that the federal…
Secretary of Labor v. Gabel Stone Company
Both violations upheld, penalties cut from $212 to $45
Gabel Stone operates a small family-owned limestone quarry in Missouri. MSHA cited owner Gary Gabel for not completing and documenting eight hours of annual refresher training, and it separately cited a flywheel guard that ended eight inches below the required height. Judge William B. Moran upheld…
Ramirez v. Norfolk Southern Railway Co.
Ramirez v. Norfolk Southern Railway (DOL ARB 2017-0003): Late appeal dismissed
Milton Ramirez appealed an administrative law judge's October 27, 2016 order enforcing and approving a settlement in his railroad whistleblower case. He filed his Board petition on November 14, beyond the 14-day deadline. Ramirez argued that he did not receive the order by mail until that filing…
Ralph Magers, Pamela Steward, and Mark Felton v. Seneca Re-Ad-Industries, Inc.
Magers v. Seneca Re-Ad-Industries (DOL ARB 2016-0038 and 2016-0054): Minimum wage liability upheld, relief revised
Ralph Magers, Pamela Steward, and Mark Felton challenged Seneca Re-Ad-Industries' payment of wages below the federal minimum. An administrative law judge found that the employer had not shown their disabilities impaired their capacity for the work they performed. The Board agreed that the employer…
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.