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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McNiece v. Dominion Nuclear Connecticut, Inc.
McNiece v. Dominion Nuclear Connecticut (DOL ARB 2015-0083): Reconsideration request denied
Adam McNiece alleged retaliation after reporting nuclear safety violations, including a hostile work environment for his wife. A Labor Department judge dismissed his Energy Reorganization Act complaint as untimely, and the Board affirmed that dismissal on November 30, 2016. McNiece asked the Board…
Beaumont v. Sam's East, Inc.
Beaumont v. Sam's East (DOL ARB 2015-0025): Gas station retaliation complaint dismissed
Ronald Beaumont, an attendant at a Sam's East gas station, said he was fired after raising concerns about fuel handling and other safety practices. A Labor Department judge dismissed his Solid Waste Disposal Act whistleblower complaint after a hearing. The Board found substantial evidence…
Pattenaude v. Tri-Am Transport, LLC
Pattenaude v. Tri-Am Transport (DOL ARB 2015-0007): Retaliation liability found; damages remanded
Kermit Pattenaude, a tanker-truck driver, said Tri-Am fired him after he refused to drive a truck with a tire he considered unsafe and raised other safety concerns. A Labor Department judge dismissed the retaliation complaint, finding Tri-Am would have fired him anyway for sleeping during a coal…
J.D. and U.S. Postal Service, Post Office, Jacksonville, FL
J.D. (ECAB 16-1767): Late reconsideration request returned for evidence review
A Postal Service mail processing clerk asked OWCP to reconsider its denial of a hand and shoulder injury claim. OWCP received her request more than one year after the merits decision, making it untimely. The Board agreed on the timing but found that OWCP had declined to review her submitted…
P.H. and U.S. Postal Service, Post Office, Baltimore, MD
P.H. (ECAB 16-1626): Three percent right leg schedule award upheld
A Postal Service mail handler sought a larger schedule award after an accepted knee sprain and meniscus injury. Her treating surgeon estimated ten percent right leg impairment but did not explain the calculation under the required impairment guide. A second opinion surgeon calculated three percent…
A.Q. and Department of Veterans Affairs, San Francisco Veterans Administration Health, San Francisco, CA
A.Q. (ECAB 16-1563): Back condition not medically linked to moving dialysis equipment
A VA medical instrument technician reported back pain and thigh numbness after moving dialysis machines and heavy tables at work. OWCP accepted that the February 23, 2016 activity occurred. Her physician diagnosed lumbar conditions and said work made a preexisting condition disabling, but did not…
P.L. and U.S. Postal Service, Post Office, Englishtown, NJ
P.L. (ECAB 16-1445): Shoulder injury claim lacked consistent, reasoned medical evidence
A Postal Service rural carrier developed right shoulder pain while handling mail on February 8, 2014 and later underwent surgery for a rotator cuff tear. Her doctors recorded different accounts of the work event, including a cart catching in a doorway and pain while reaching from her vehicle. The…
J.M. and U.S. Department of Agriculture, Forest Service, Albuquerque, NM
J.M. (ECAB 16-0717): Emotional condition claim lacked corroborated work factors
A Forest Service recreation specialist supervisor attributed an emotional condition to added duty officer work, alleged harassment, and disputes over accommodations and pay. The Board found insufficient factual support for the claimed overwork or specific harassment incidents. It also found no…
B.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Brockton, MA
B.B. (ECAB 15-1738): Additional back conditions and disability recurrence not established
A VA laundry worker supervisor had an accepted 2011 lumbosacral strain and later claimed that degenerative disc disease, sciatica, and renewed disability arose from that injury. The Board found no reasoned medical opinion connecting the additional conditions to the 2011 incident. It also found no…
Caldwell Coatings, LLC
Incomplete consolidated settlement remanded
OSHA issued Caldwell Coatings separate sets of citations in two cases that were later consolidated. The parties' settlement withdrew the citations in Docket 15-1216 but accidentally omitted all citations in Docket 15-1217, and the judge's approval order became final without resolving the…
American Federation of Government Employees, Local 2338 (Union) and United States Department of Veterans Affairs, John J. Pershing VA Medical Center (Agency)
AFGE Local 2338 and John J. Pershing VA Medical Center (FLRA 0-AR-5215): Six-year backpay argument dismissed
AFGE Local 2338 challenged an arbitration award and argued that the Back Pay Act required relief extending at least six years before the grievance was filed. The Authority found that the union should have known to present that argument to the arbitrator but the record did not show that it had done…
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc., as successor-in-interest to Frasure Creek Mining, LLC
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC and New Trinity Coal, Inc. (FMSHRC WEVA 2014-387 D): Case reopened to enforce a settlement, then dismissed once payment arrived
Sandra McDonald, a security guard assigned to a mine site, brought a discrimination complaint under section 105(c)(3) of the Mine Act. An ALJ approved a settlement in November 2016 requiring New Trinity Coal to pay her $5,000 by October 30 and $10,000 by November 30, plus attorney fees. New Trinity…
Secretary of Labor v. Northshore Mining Company
Missing a day of work made an eye injury reportable
A miner at Northshore's taconite pellet plant got a particle in his eye. A clinic doctor later removed a foreign body from his cornea and signed a report saying he should not work for the rest of that day. Northshore did not report the injury to MSHA, and an audit turned up the omission, producing…
Palmer v. Trump Model Management
Appeal dismissed at complainant's request
Alexia Palmer sought Board review of a judge's order denying her request for a hearing for lack of jurisdiction. Her case concerned the H-1B provisions of the Immigration and Nationality Act and Trump Model Management. The Board had agreed to review a specified issue and set a briefing schedule…
S.C. and Department of Homeland Security, Customs & Border Protection, Santee, CA
S.C. (ECAB 17-0019): Right leg impairment dispute returned to impartial specialist
A border patrol agent had received a five percent right leg schedule award after a work injury. To resolve conflicting medical ratings, OWCP referred him to an impartial specialist, who rated impairment at six percent. OWCP used its medical adviser’s five percent calculation instead, without…
T.W. and U.S. Postal Service, Post Office, Broken Arrow, OK
T.W. (ECAB 16-1599): Termination of wage loss and medical benefits upheld
A Postal Service distribution clerk challenged the termination of benefits for accepted neck, back, and left shoulder sprains. An impartial orthopedic specialist found no continuing residuals of the accepted conditions and said he could return to his usual job. The Board gave that opinion special…
M.M. and Department of Justice, Drug Enforcement Administration, Springfield, VA
M.M. (ECAB 16-1513): Training incident accepted, injury denial affirmed as modified
A DEA instructor reported left knee pain during defensive tactics training. OWCP found that he had not established the incident or a resulting injury. The Board held that the work activity occurred as alleged but that his medical reports did not explain how it caused or aggravated the diagnosed…
T.M. and Department of the Interior, Bureau of Land Management, Santa Fe, NM
T.M. (ECAB 16-1262): Disability claim returned for a clearer medical assessment
A Bureau of Land Management fire program assistant claimed wage-loss compensation from July 2006 through September 2013 after an accepted back injury. Earlier physicians said she could work eight hours with restrictions, while a later OWCP referral physician said she could work only about an hour a…
N.I. and Department of Homeland Security, Customs & Border Protection, Orlando, FL
N.I. (ECAB 16-1027): Award claim returned for medical adviser review
A Customs and Border Protection marine agent sought to add knee, elbow, and back diagnoses to his accepted sprain claim and requested a schedule award. The Board found that his physician did not adequately explain how the 2011 vehicle accident caused the additional conditions, especially given…
P.G. and U.S. Postal Service, Post Office, Lithia Springs, GA
P.G. (ECAB 16-0938): Wage loss denial returned for review of timely medical evidence
A Postal Service mail carrier sought wage-loss compensation after accepted neck and back injuries. OWCP denied the claim, stating that it had not received further evidence requested during development. The Board found that physicians’ reports and a functional capacity evaluation had reached OWCP by…
K.C. and U.S. Postal Service, Post Office, Solen, OH
K.C. (ECAB 16-0733): HVAC earning capacity reduction upheld
A Postal Service letter carrier received compensation after a work-related left knee injury. OWCP reduced his benefits after identifying an HVAC installer/servicer position as suitable work at a weekly wage of $512. The Board found that his training and experience met the position’s vocational…
American Federation of Government Employees, Local 1441 (Union) and United States Department of the Army, U.S. Army Corps of Engineers, St. Paul District, St. Paul, Minnesota (Agency)
AFGE Local 1441 and Army Corps St. Paul District (FLRA 0-AR-5227): Night-shift differential claim denied
Army Corps employees on rotating schedules sought night-shift differential pay after the agency assigned them to day shifts that differed from an annual master schedule. An arbitrator denied the grievance because he found that the employees were not temporarily assigned to day shifts within the…
Secretary of Labor v. Alcoa World Alumina, LLC
Original decision cutting negligence and deleting unwarrantable findings
A contractor employee from Turner Industries was seriously injured by hot caustic liquid while a crew worked to clear a blocked pipe at Alcoa's Bayer Alumina Plant in Point Comfort, Texas. MSHA issued one citation and two orders, alleging that Alcoa failed to protect miners from the hazardous…
Eastern Cross Shipping S.A. et al.
In re Eastern Cross Shipping S.A. et al. (EAB APPS Appeal No. 16-05C): Consent Agreement ratified
Eastern Cross Shipping S.A., Toyo Kaiun Co. Ltd., and Pacific Basin Chartering (HK) Ltd. resolved an EPA enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered…
R.H. and U.S. Postal Service, Post Office, Oakland, CA
R.H. (ECAB 16-1704): Occupational disease claim returned for medical development
A Postal Service mail processing clerk sought benefits for wrist, shoulder, knee, and foot conditions she attributed to repetitive work and prolonged standing. OWCP denied the claim for lack of a supported medical explanation of causation. The Board found that her physician’s reports did not…
T.M. and Department of the Navy, Marine Corps Logistic Base, Albany, GA
T.M. (ECAB 16-1456): Medical recurrence claim denied
A Navy mechanic sought further treatment for back and related conditions after an accepted 2001 lumbar strain. OWCP denied his claim of a recurrence of a medical condition. The Board found that the later medical reports did not adequately explain how the current condition and need for treatment…
J.W. and Department of the Navy, Corps of Engineers, Fort Richardson, AK
J.W. (ECAB 16-1355): Retirement offset overpayment affirmed
A Corps of Engineers worker received FECA compensation and Social Security retirement benefits without an offset for federal service. The Board found an overpayment and affirmed OWCP’s refusal to waive recovery, even though the worker was not at fault. His reported income exceeded necessary…
P.M. and U.S. Postal Service, Northgate Station, El Paso, TX
P.M. (ECAB 16-1321): Knee injury wage loss termination upheld
A Postal Service worker received wage-loss compensation for a left knee injury. OWCP terminated those benefits after her treating physician reviewed surveillance footage and released her to regular work. The Board found his medical opinion sufficiently reasoned and found no error in OWCP’s handling…
M.B. and Social Security Administration, Center for Human Resources, Baltimore, MD
M.B. (ECAB 16-1188): Fall injury claim denial upheld
A Social Security Administration employee reported slipping on a wet floor at work and sought benefits for resulting injuries. OWCP accepted that the workplace incident occurred but denied the injury claim. The Board found that the medical evidence did not establish a diagnosed condition caused by…
G.O. and U.S. Postal Service, Vanderveer Station, Brooklyn, NY
G.O. (ECAB 16-1113): Incomplete accepted facts require new medical opinion
A Postal Service employee sought benefits for hernias after a 1999 fall from a ladder. OWCP initially denied the claim based on a second opinion physician's report. A hearing representative discounted that report but upheld the denial because records near the accident did not mention a hernia. The…
J.K. and Department of Veterans Affairs, Veterans Administration Medical Center, Seattle, WA
J.K. (ECAB 16-1850): Chair related back claim denied
A Veterans Affairs employee attributed back pain to sitting for long periods in a chair she said lacked support. The Board found that her duties mainly involved seated computer work. It found no medical evidence establishing a back condition or explaining how the chair caused or aggravated it. It…
R.J. and Department of the Air Force, Whiteman Air Force Base, MO
R.J. (ECAB 16-1561): Two percent leg impairment award upheld
An Air Force employee sought an increased schedule award for a left leg injury. OWCP awarded two percent permanent impairment. The Board found that the second opinion physician and OWCP medical adviser applied the sixth edition of the impairment guides properly. A physician’s higher 16 percent…
R.J. and Department of the Army, Tank Automotive & Armaments Command, Anniston, AL
R.J. (ECAB 16-1525): Noise exposure hearing claim returned for review
An Army depot employee sought benefits for hearing loss after exposure to hazardous workplace noise. OWCP denied the claim based on a second opinion that attributed the loss to aging. The Board found that the physician did not adequately explain why accepted noise exposure had no causal or…
L.N. and General Services Administration, Public Building Service, Kansas City, MO
L.N. (ECAB 16-1507): Reconsideration denial upheld
A General Services Administration worker asked OWCP to reconsider denial of a recurrent need for medical treatment after an accepted injury. OWCP declined to reopen the claim. The Board found that her request raised no new relevant legal argument and resubmitted a medical report already considered…
D.B. and Department of Housing & Urban Development, Milwaukee, WI
D.B. (ECAB 16-1405): Late reconsideration request denied
A Housing and Urban Development employee asked OWCP to revisit a 2013 termination of compensation and medical benefits. She filed the request in October 2015, outside the one year period for timely reconsideration. The Board found that her arguments and resubmitted records did not demonstrate clear…
H.L. and U.S. Postal Service, Processing & Distribution Center, Dallas, TX
H.L. (ECAB 16-0920): Knee replacement denial set aside
A Postal Service worker requested authorization for a total left knee replacement. OWCP had authorized the operation twice before but later denied it. The Board found that the earlier authorizations, the treating physician’s supported recommendation, and the lack of a reasoned contrary opinion…
Secretary of Labor v. Prospect Mining and Development Company, Inc.
Missing roof-bolt warning drew no negligence, unexamined charger drew high
MSHA cited Prospect Mining's Carbon Hill Mine in two separate dockets, and Judge Thomas P. McCarthy heard both together under simplified proceedings. The first citation alleged that the last row of roof support bolts was not marked with a visible warning as 30 C.F.R. § 75.208 requires. The judge…
Powers v. Union Pacific Railroad Co.
Railroad retaliation complaint dismissed
Robert Powers reported a hand injury while working for Union Pacific Railroad. He alleged that the railroad later fired him for reporting the injury, in violation of the Federal Rail Safety Act. After a hearing, an administrative law judge found that the railroad fired him because its officials…
P.M. and U.S. Postal Service, Post Office, Los Angeles, CA
P.M. (ECAB 17-0041): Two reconsideration denials upheld
A Postal Service letter carrier sought reconsideration of a wage-loss claim following an accepted motor vehicle injury. OWCP denied two requests to reopen the merits. The Board found that one medical report repeated earlier evidence and another offered no new independent opinion. Neither request…
T.J. and U.S. Postal Service, Post Office, Goose Creek, SC
T.J. (ECAB 16-1697): Lumbar occupational disease claim denied
A Postal Service window clerk attributed lumbar disc problems to her work. OWCP requested details about the work activities she believed caused the condition, but she did not supply them. Her medical reports diagnosed back conditions without linking them to specific duties. The Board affirmed the…
K.W. and U.S. Postal Service, Post Office, New York, NY
K.W. (ECAB 16-1672): Impairment reconsideration denied
A Postal Service worker sought reconsideration of a seven percent right arm impairment award. She challenged the examining physician’s assessment and said she planned to obtain another opinion. The Board found that her statement alone supplied neither relevant new medical evidence nor a new legal…
G.B. and Department of the Treasury, Internal Revenue Service, Office of Chief Counsel, Chicago, IL
G.B. (ECAB 16-1485): Reconsideration denial upheld
An IRS employee sought reconsideration of a claim involving an accepted workplace incident. OWCP had found that the evidence did not establish a diagnosed condition caused by the incident. The Board found that a newly submitted medical report listed diagnoses but did not address their relationship…
V.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Decatur, GA
V.D. (ECAB 16-1484): Wage loss reconsideration denied
A Veterans Affairs employee sought reconsideration of a denied wage-loss period. OWCP declined to reopen the claim because the submitted medical report was already in the record and did not address the claimed disability period. The Board found that the request contained no relevant new evidence or…
S.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Salisbury, NC
S.M. (ECAB 16-1692): Shoulder and neck injury claim denied
A Veterans Affairs employee reported shoulder and neck symptoms after pushing a patient on a gurney. OWCP accepted that the incident occurred but found the medical evidence insufficient to establish an injury caused by it. The Board agreed because the treating physician did not explain how the…
S.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Salisbury, NC
S.M. (ECAB 16-1691): Earlier patient care injury claim denied
A Veterans Affairs employee claimed shoulder and upper back injuries after vigorous pushing during patient care. OWCP denied the claim for lack of medical proof of causation. The Board found that the physicians did not explain how those movements caused or aggravated the diagnosed cervical…
A.C. and U.S. Postal Service, Riverdale Station, Bronx, NY
A.C. (ECAB 16-1506): Request to add lumbar conditions denied
A Postal Service worker had accepted wrist and shoulder injuries after a workplace fall. She asked OWCP to include low back strain and disc conditions in the accepted claim. The Board found that the early treatment notes did not document a back injury and the later medical reports gave no adequate…
F.T. and Department of the Army, Sierra Army Depot, Herlong, CA
F.T. (ECAB 16-1501): Stair fall claim not reopened
An Army depot employee sought reconsideration after OWCP found that conflicting accounts and witness statements did not establish his alleged fall down workplace stairs. The Board found that new medical records did not address whether the incident occurred. His further descriptions largely repeated…
T.M. and U.S. Postal Service, Post Office, McHenry, IL
T.M. (ECAB 16-1373): Missed telephone hearing deemed abandoned
A Postal Service worker requested a telephone hearing after OWCP denied her occupational migraine claim. She received notice of the scheduled hearing but did not call at the stated time or request another hearing in writing within ten days. She later said she had miscalculated the time zone. The…
J.S. and U.S. Postal Service, Parkville Station, Brooklyn, NY
J.S. (ECAB 16-1285): Administrative assistant earning capacity upheld
A Postal Service worker challenged a reduction in compensation based on a constructed administrative assistant job. The Board found the sedentary work within his medical restrictions and supported by his training and experience. A rehabilitation counselor found the position reasonably available at…
S.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Orlando, FL
S.B. (ECAB 16-0779): Wage loss termination reversed
A Veterans Affairs employee received wage-loss benefits for an accepted lumbar injury. OWCP terminated them after a second opinion physician concluded she could return to her former job. The Board found that the physician had not explained how she regained the required work capacity despite…
Aldridge Electric, Inc.
Excessive-heat general duty citation vacated
An Aldridge Electric employee suffered heat stroke while working on a Chicago transit construction project and died the next day. OSHA alleged that Aldridge exposed workers to excessive heat in violation of the general duty clause. After an extensive hearing, the judge found that the Secretary did…
Kenneth Palmer v. Canadian National Railway/Illinois Central Railroad Company
Palmer v. Canadian National Railway (DOL ARB 2016-0035): Railroad retaliation findings sent back
Kenneth Palmer alleged that Illinois Central Railroad fired him after he reported a workplace injury. An administrative law judge found a violation and ordered reinstatement and monetary relief. The Board held that the judge had relied on its Fordham and Powers decisions when assessing the…
Kenneth Palmer v. Canadian National Railway/Illinois Central Railroad Company
Palmer v. Canadian National Railway (DOL ARB 2016-0035): Attorney appearances corrected
The Board had issued a decision remanding Kenneth Palmer's railroad whistleblower case on September 30, 2016. In this January 4, 2017 erratum, it identified attorney appearances omitted from that release. It also said the decision was reissued with the full concurrence and dissent of Judge Royce…
D.R. and U.S. Postal Service, Post Office, New Orleans, LA
D.R. (ECAB 16-1654): Reconsideration request was timely
A Postal Service employee requested reconsideration of a January 23, 2015 merit decision. OWCP treated her January 25, 2016 request as late and applied the more demanding clear evidence of error test. The Board found that the one year deadline fell on a Saturday and extended to the next business…
M.M. and Department of Veterans Affairs, Sacramento Medical Center, Mather, CA
M.M. (ECAB 16-1627): Late reconsideration request denied
A Veterans Affairs employee sought to reopen a denied right ankle injury claim. Her January 2016 reconsideration request came more than a year after the September 2014 merit decision. The Board found that her further evidence did not show clear error in OWCP’s finding that the alleged work incident…
R.L. and U.S. Postal Service, Post Office, Meridian, MS
R.L. (ECAB 16-1564): Retirement offset overpayment upheld
A Postal Service worker received FECA wage-loss compensation and Social Security retirement benefits without the required federal service offset. The Board upheld the resulting $5,076 overpayment for November 2015 through April 2016. Although OWCP found him without fault, he supplied no requested…
S.J. and U.S. Postal Service, Post Office, Jacksonville, FL
S.J. (ECAB 16-1195): Earning capacity modification needs fuller opinion
A Postal Service worker sought modification of an earlier loss of wage earning capacity determination after surgery. OWCP denied the request based in part on a second opinion physician who had not received the functional requirements of the employment interviewer position. The Board found that the…
Payton Roofing, Inc.
Safety-monitor violation affirmed with increased penalty
Payton Roofing employees worked on a low-slope commercial roof about nine feet above the ground without personal fall protection. A company officer said he was serving as the safety monitor, but he remained on the ground and could not see employees working on the back side of the roof. The judge…
T.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Palo Alto, CA
T.C. (ECAB 16-1048): Back injury claim not reopened
A Veterans Affairs nurse asked OWCP to reconsider denial of a claimed work-related back injury. The Board found that previously submitted physician letters were duplicative and newer reports did not address whether the accepted work incident caused his condition. Physical therapy reports also could…
G.M. and Department of the Navy, Corps of Engineers, Philadelphia, PA
G.M. (ECAB 16-1032): Earning capacity reduction reversed
A Corps of Engineers employee challenged a reduction in compensation based on his supposed ability to work as a surveillance system monitor. OWCP relied on a physician’s examination from May 2013 to assess his capacity when benefits were reduced in July 2015. The Board found that opinion too old to…
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.