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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M.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Coatesville, PA
M.C. (ECAB 15-1762): Recurrence of disability claim denied
M.C., a Veterans Affairs employee with an accepted back condition, claimed that he became disabled again after returning to a light-duty job in June 2014. The Board gave special weight to the impartial examiner’s opinion that he could perform the offered restricted duties full time. It affirmed…
K.U. and U.S. Postal Service, Post Office, Cape May, NJ
K.U. (ECAB 15-0771): Work-related knee arthritis aggravation not established
K.U., a postal letter carrier, claimed that years of work aggravated or accelerated arthritis in both knees. The Board found that his physician relied on general medical publications without adequately explaining how the specific work duties caused his condition. It affirmed OWCP’s denial of the…
P.G. and Department of the Air Force, Hill Air Force Base, UT
P.G. (ECAB 15-0401): Hand and wrist occupational disease claim denied
P.G., an Air Force scheduler, linked hand and wrist symptoms to doors fitted with closures at work. The Board found that she did not identify when or how often she operated the doors or describe their weight, so the claimed work exposure was not established. It affirmed OWCP’s denial without…
Secretary of Labor v. The American Coal Company and United Mine Workers of America and United Steel, et al.
Secretary of Labor v. The American Coal Company, et al. (FMSHRC LAKE 2011-13): Settlement penalty cuts require factual support
MSHA issued The American Coal Company 32 citations, including 14 designated significant and substantial, for conditions cited between July and August 2010. The Secretary proposed a settlement that left every citation and its gravity and negligence allegations unchanged but reduced every penalty by…
Secretary of Labor v. KenAmerican Resources, Inc.
"Is there company outside" needs a hearing, not summary decision
MSHA inspectors arriving at KenAmerican's Paradise No. 9 Mine in Kentucky took control of the mine phone system and overheard a miner underground ask the dispatcher whether there was "company outside," to which the dispatcher answered "yeah, I think there is." The inspector treated that exchange as…
W.G. and Smithsonian Institution, Washington, DC
W.G. (ECAB 16-0874): Strain claims after workplace fall denied
W.G., a Smithsonian employee, sought compensation for neck, back, and shoulder strains after an accepted March 2015 fall at work. The Board found that the medical reports did not adequately explain how that fall caused the diagnosed strains. It affirmed OWCP’s denial of the injury claim.
J.W. and U.S. Postal Service, Post Office, Philadelphia, PA
J.W. (ECAB 16-0834): Temporary part-time earnings could not set wage capacity
J.W., a postal letter carrier, challenged OWCP’s use of his earnings in a part-time limited-duty assignment to set his wage-earning capacity. The Board found that the assignment was temporary and did not fairly represent the capacity of an employee whose original job was permanent. It reversed…
A.D. and Department of the Interior, Western Regional Office, Phoenix, AZ
A.D. (ECAB 16-0764): Injury after sidewalk fall not medically established
A.D., an Interior Department employee, claimed that a fall on an uneven sidewalk at work aggravated neck and back conditions. The Board found that the medical evidence did not adequately explain how the accepted May 2014 fall caused or aggravated those conditions. It affirmed OWCP’s denial.
A.C. and U.S. Postal Service, South Station, Arlington, VA
A.C. (ECAB 16-0624): Possible nerve injury after hernia repair remanded
A.C., a postal employee, sought recognition of a consequential injury after surgery for an accepted work-related hernia. The Board noted operative findings of a nerve problem involving the earlier repair but found the medical record needed clarification. It set aside OWCP’s denials and directed the…
E.P. and U.S. Postal Service, Post Office, Edison, NJ
E.P. (ECAB 16-0153): Claim expansion for spine and nerve conditions denied
E.P., a postal employee, asked OWCP to add cervical and lower-back radiculopathy and bilateral carpal tunnel syndrome to an accepted injury claim. The Board found that the medical opinions did not adequately establish that the accepted 2013 work injury caused those additional conditions. It…
M.Y. and Department of Justice, Bureau of Prisons, Chicago, IL
M.Y. (ECAB 15-1910): Merit reconsideration request denied
M.Y., a Bureau of Prisons employee, asked OWCP to reopen a compensation claim. The Board found that his application did not present a qualifying new legal argument or pertinent evidence requiring further merits review. It affirmed OWCP’s nonmerit denial.
T.S. and U.S. Postal Service, Post Office, Bedford Park, IL
T.S. (ECAB 15-1028): One reconsideration denial upheld; wage capacity issue remanded
T.S., a postal employee, requested review of two OWCP decisions concerning wage loss. The Board upheld OWCP’s refusal to reopen her claim for leave without pay from July 17 through 28, 2014 because she submitted no qualifying new evidence. It found that her other request challenged a wage-earning…
PM Construction & Rehab, L.P., a Subsidiary of Inland Pipe Rehabilitation, LLC
Manhole safety citations and $14,700 vacated
A pipe-replacement crew member suffered a fatal injury after entering a manhole against instructions, but the record did not establish the accident's cause. The judge found that the Secretary did not prove other workers were exposed to the manhole edge and that the worker inside used a fall-arrest…
3 Dimension Construction Management, Inc.
General contractor held responsible for asbestos demolition controls
3 Dimension Construction Management served as general contractor for converting a building into a self-storage facility and hired KIPI to perform interior demolition before asbestos abatement. OSHA cited the company for failing to ensure that the demolition contractor complied with the asbestos…
American Federation of Government Employees, Local 2583 (Union) and United States Department of Veterans Affairs, Portland Healthcare System, Vancouver, Washington (Agency)
AFGE Local 2583 and VA Portland Healthcare System (FLRA 0-AR-5188): Attorney-fee request remanded
The VA mistakenly coded a Washington employee as living in Oregon and withheld Oregon income taxes from his pay even after he reported the error. An arbitrator found the agency entirely responsible, ordered immediate repayment under the Back Pay Act, but denied attorney fees because the conduct was…
Secretary of Labor v. Saiia Construction, LLC and Secretary of Labor v. Darrell Ragland emp by Saiia Constr, LLC and Secretary of Labor v. Frederick Looney emp by Saiia Constr, LLC
Secretary of Labor v. Saiia Construction, LLC (FMSHRC SE 2011-127 M): Ordering miners to keep digging around live explosives costs $48,900
Saiia Construction was the contract mining company running two quarries at the Omya Alabama marble plant in Sylacauga. After an April 9, 2010 blast, an excavator operator found a misfire, a charge that did not go off, still live in the rock he was digging. MSHA cited Saiia under the standard that…
Secretary of Labor v. Eureka Stone Quarry, Inc.
Blasting a jammed crusher with miners inside costs $56,500
Eureka Stone Quarry runs a stone quarry in Pennsylvania. On August 12, 2014 the impact crusher jammed badly with rock, and the crew spent about three and a half hours clearing it with 16 small explosive charges, climbing inside between blasts to hand-pick material out. The superintendent, who was…
Secretary of Labor v. Mach Mining, LLC
Original decision on slope belt accumulations and the examination record
MSHA cited Mach Mining for coal dust and loose coal built up along the 3,600-foot slope belt at its Mach No. 1 Mine in Illinois, including places where coal was touching rollers or the moving belt, and separately for a pre-shift examination record that noted only that the slope belt needed…
Shawn Hirt v. Gary Servaes Enterprises
Blaster's helper fired for talking to MSHA wins back pay
Shawn Hirt worked as a blaster's assistant at the Atchison Quarry, a small limestone mine in Kansas. In January 2015 MSHA, ATF, and the Kansas Fire Marshal inspected the mine together, and Hirt spoke with the MSHA inspector about his work loading explosives. The inspections produced a stack of…
Arctic Cat, Inc.
In re Arctic Cat, Inc. (EAB CAA Appeal No. 16-02C): Consent Agreement ratified
Arctic Cat, Inc. resolved an EPA Clean Air Act matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered Arctic Cat, Inc. to comply with all terms of the Consent…
M.H. and Department of the Air Force, Hill Air Force Base, Ogden, UT
M.H. (ECAB 16-0983): Late reconsideration request denied
M.H., an Air Force employee, asked OWCP to reconsider a compensation decision more than one year after it was issued. The Board found the request untimely and that his submission did not show clear evidence of error in the earlier decision. It affirmed OWCP’s refusal to reopen the claim.
C.L. and Department of Energy, National Nuclear Security Administration, Washington, DC
C.L. (ECAB 16-0854): Continuing exposure made heart claim timely
C.L., a Department of Energy employee, claimed that continuing work stress aggravated a heart condition. OWCP rejected the occupational disease claim as untimely based on an earlier awareness date. The Board found that he continued working under the alleged conditions until December 2011 and filed…
J.W. and Department of the Navy, Naval Facilities Engineering Command, San Diego, CA
J.W. (ECAB 16-0773): Inconsistent fall accounts failed to establish incident
J.W., a Navy maintenance mechanic, sought compensation after a reported fall while loading material at work. The Board found that his accounts of how he fell differed and did not establish the incident with enough detail. It affirmed OWCP’s denial of the traumatic injury claim.
T.L. and Social Security Administration, Human Resources Center, Richmond, CA
T.L. (ECAB 16-0672): Suitable-work benefit termination reversed
T.L., a Social Security Administration employee, refused an offered modified position and OWCP terminated her compensation. The Board found that OWCP had not adequately considered all her medical conditions, including evidence of psychiatric limitations, before deeming the offer suitable. It…
D.R. and Department of Veterans Affairs, Veterans Benefits Administration, St. Louis, MO
D.R. (ECAB 16-0528): Stair incident injury claim denied for lack of medical causation
D.R., a Veterans Affairs claims examiner, reported pain while climbing stairs at work and sought compensation for several conditions. The Board accepted that the March 2014 incident occurred but found the medical evidence did not adequately connect the claimed conditions to it. It affirmed OWCP’s…
R.R. and Department of the Navy, Charleston Naval Shipyard, North Charleston, SC
R.R. (ECAB 16-0087): Wage-earning capacity modification denied
R.R., a former Navy employee, sought modification of a 2002 wage-earning capacity determination. He argued that an accepted skin condition had worsened and left him unable to work. The Board found that the medical evidence did not establish a material change sufficient to modify the prior…
M.C. and Department of the Air Force, Keesler Air Force Base, Biloxi, MS
M.C. (ECAB 15-0080): Cervical disc surgery request remanded for impartial review
M.C., an Air Force employee, requested authorization for two-level cervical disc replacement surgery. His physician and OWCP’s physicians disagreed about whether the surgery was appropriate and whether the device use was approved. The Board found an unresolved medical conflict and directed OWCP to…
American Federation of Government Employees, National Border Patrol Council, Local 2266 (Union) and United States Department of Homeland Security, U.S. Customs and Border Protection (Agency)
Border Patrol Council Local 2266 and Customs and Border Protection (FLRA 0-AR-5171): Remaining discipline vacated
Customs and Border Protection suspended a union representative for three days based on alleged disrespect and failure to follow a supervisor's extra-contractual procedure for submitting an official-time request. An arbitrator set aside the disrespect charge, reduced the suspension to a reprimand…
Secretary of Labor on behalf of Charles Riordan v. Knox Creek Coal Corporation
Layoff used as cover for firing a foreman who complained about ventilation
Charles Riordan was a section foreman at Knox Creek's Tiller No. 1 Mine with 32 years in mining, and he raised ventilation concerns with his supervisors almost daily, stopping production when airflow was short. After he brought those concerns to the general manager at a company picnic in August…
Shrieve Chemical Company
In re Shrieve Chemical Company (EAB TSCA Appeal No. 16-02Q): $193,815 penalty paid and matter resolved
EPA alleged that Shrieve Chemical Company violated the Toxic Substances Control Act's chemical data reporting rules and the premanufacture notice requirements, including the polymer exemption requirement. EPA's complaint sought a $193,815 penalty. Shrieve provided EPA with an instrument of payment…
C.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI
C.R. (ECAB 16-1017): Missed telephone hearing ruling affirmed
C.R., a Department of Veterans Affairs pipefitter, sought benefits after reporting that he rolled his right ankle when stepping out of a vehicle at work. OWCP denied his claim, and an earlier Board order required OWCP to send notice of a requested telephone hearing to his correct address. OWCP…
B.D. and Department of Veterans Affairs, Alvin C. York Medical Center, Murfreesboro, TN
B.D. (ECAB 16-0765): Denial of further review of carpal tunnel claim affirmed
B.D., a former audiologist with accepted bilateral carpal tunnel syndrome, sought reconsideration after OWCP terminated her wage loss benefits in August 2014. She argued that a physician had received an incomplete statement of accepted facts and submitted copies of earlier medical records and a…
G.D. and U.S. Postal Service, Post Office, Marshall, IL
G.D. (ECAB 16-0587): Knee impairment award remanded for an impartial examination
G.D., a postal carrier, received a schedule award for 21 percent permanent impairment of her right leg after an accepted knee injury and a total knee replacement. Her physician rated the impairment at 31 percent, treating the knee replacement as a fair result, while OWCP’s medical adviser rated it…
S.L. and Department of the Navy, Naval Air Warfare Center Aircraft Division, Patuxent River, MD
S.L. (ECAB 16-0202): Leg disability claim remanded for medical clarification
S.L., a Navy technician, sought wage loss compensation after stopping work in October 2013 with right leg symptoms following an accepted 2003 work injury involving a blood clot. OWCP’s second opinion physician connected his condition and disability to the earlier injury but also diagnosed…
L.T. and U.S. Postal Service, Post Office, Tustin, CA
L.T. (ECAB 15-1922): Back injury claim remanded to combine related case files
L.T., a postal carrier, claimed a back injury when he bent to place mail in a box on March 22, 2014. OWCP had already accepted a separate occupational disease claim involving his lower back, but it considered the March incident in a different case file and denied that claim. The Board found that…
P.G. and U.S. Postal Service, Post Office, Lithia Springs, GA
P.G. (ECAB 15-1345): Back condition claim denied for unspecified work factors
P.G., a postal carrier with several earlier accepted injuries, filed a separate occupational disease claim after experiencing lower back pain at work. OWCP asked her to describe the particular job activities she believed caused or aggravated this condition, but she did not provide that description…
W.D. and Department of the Army, Army Medical Command, Fort Leonard Wood, MO
W.D. (ECAB 15-1297): Suitable work penalty reversed after wrong local job search
W.D., an Army paramedic with an accepted back injury, moved from Missouri to Florida while receiving compensation. The Army offered him a sedentary office automation clerk job at his former Missouri duty station, and OWCP terminated his wage loss benefits and schedule award eligibility when he…
R.K. and U.S. Postal Service, Post Office, Shelton, CT
R.K. (ECAB 16-0966): Refusal to reopen suitable work claim affirmed
R.K., a postal carrier, sought another review of a determination that she had unjustifiably refused suitable work. She pointed to a sentence in an earlier Board decision that said her refusal was justified and repeated that she had worked within her doctors’ limits. The Board explained that the…
A.F. and U.S. Postal Service, Teutonia Station, Milwaukee, WI
A.F. (ECAB 16-0686): Foot impairment award remanded for medical referee
A.F., a postal clerk with an accepted right foot injury, had received a schedule award for two percent permanent impairment of his right leg. He sought a larger award, submitting a physician’s rating of seven percent, while OWCP’s medical adviser again rated the impairment at two percent. The Board…
F.Y. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MS
F.Y. (ECAB 16-0564): No increase to five percent right arm impairment award
F.Y., a Veterans Affairs practical nurse, had received a schedule award for five percent permanent impairment of her right arm after OWCP accepted right C6 radiculopathy and other cervical conditions. An OWCP medical adviser based that award on a C7 nerve root impairment rating. She sought a larger…
L.J. and Department of Veterans Affairs, James A. Haley Veterans Medical Center, Tampa, FL
L.J. (ECAB 16-0426): Claimed workplace injury denied amid conflicting accounts
L.J., a Veterans Affairs telephone operator, claimed injuries to her hands, shoulders, and neck while handling books and a headset at work. Her initial claim and an early medical report gave August 14, 2013 as the injury date, when her employer said she was absent; she later identified August 13…
V.N. and U.S. Postal Service, Post Office, Bell, CA
Right arm schedule award denial affirmed
V.N., a postal mail handler, sought a schedule award for permanent impairment of her right arm after OWCP accepted right hand and wrist conditions. OWCP obtained an examination after her treating physician said he did not perform impairment ratings. The examiner found normal motion and no objective…
M.S. and Department of Homeland Security, Transportation Security Administration, Washington, DC
M.S. and Transportation Security Administration (ECAB 15-1464): Hernia files combined for medical review
M.S., a transportation security officer, claimed that lifting, bending, and twisting at work caused a right inguinal hernia in 2014. OWCP had accepted an earlier hernia and repair in 2012 but denied the later claim for lack of a reasoned medical opinion on causation. The Board found that the two…
L.H. and Department of Labor, Office of Workers’ Compensation Programs, Tampa, FL
L.H. and Department of Labor, Office of Workers’ Compensation Programs (ECAB 15-1239): Attendant allowance denial affirmed
L.H., a claims examiner with accepted back and depressive conditions, sought payment for his wife’s help with personal care. OWCP reopened his request on its own motion and denied the allowance after reviewing an amended report from his physician. The Board found that the physician did not explain…
K.J. and U.S. Postal Service, Post Office, Goodyear, AZ
Written review and wage loss denials affirmed
K.J., a rural mail carrier with accepted bilateral carpal tunnel syndrome, sought wage loss for intermittent hours in September and October 2014 and requested written record review of OWCP’s denials. The Board held that her review requests were made more than 30 days after the January 23, 2015…
C.W. and U.S. Postal Service, Post Office, Lacon, IL
Carpal tunnel claim denial affirmed
C.W., a postal clerk, claimed that years of sorting, casing, and keying mail caused bilateral carpal tunnel syndrome. The Board accepted that she performed those duties and had the diagnosis. Her physician’s report, however, did not explain how the work caused or aggravated the condition. The Board…
Y.S. and U.S. Postal Service, Post Office, Washington, DC
Injury denial upheld on a narrower ground
Y.S., a rural mail carrier, reported a back and left knee injury after tripping while getting out of her delivery truck. OWCP accepted that the incident occurred but denied the claim after finding that her physician’s unsigned reports lacked a reliable diagnosis. The Board found enough identifying…
J.B. and U.S. Postal Service, Post Office, San Francisco, CA
Retirement offset overpayment recovery affirmed
J.B., a postal clerk, received FECA wage loss compensation while also receiving Social Security retirement benefits partly based on federal service. Because OWCP had not applied the required offset, the Board affirmed a $41,597.88 overpayment for January 2010 through September 20, 2014. J.B. was…
V.C. and U.S. Postal Service, Post Office, Birmingham, AL
Wage loss claim returned for evidence review
V.C. sought compensation for September 9 through October 28, 2015. OWCP denied the claim, saying V.C. had not supplied the requested medical evidence. The Board found that a physician’s report and physical therapy records had reached OWCP before it issued the denial, but OWCP had not considered…
D.E. and U.S. Postal Service, Post Office, Williamstown, NJ
Vehicle incident claim denial affirmed
D.E., a letter carrier, reported emotional and physical symptoms after the front left tire broke off his postal vehicle while he drove on November 26, 2014. The Board accepted the incident as a work factor, but found that the physicians did not adequately explain how it aggravated his existing…
J.A. and U.S. Postal Service, Post Office, Hattiesburg, MS
Wage loss termination reversed
J.A., a rural mail carrier associate, received wage loss benefits after a vehicle incident caused accepted neck and back conditions. OWCP ended the benefits after its second opinion physician said she could return to full duty. Another examining physician found continuing restrictions that would…
F.D., claiming as widow of S.D., and U.S. Postal Service, Post Office, Spring Valley, CA
F.D., claiming as widow of S.D., and U.S. Postal Service (ECAB 16-0149): Survivor benefits denial affirmed
F.D. sought survivor benefits after her husband, a postal letter carrier with an accepted work-related emotional condition, died. She argued that his work and emotional condition had caused or aggravated his colon cancer and challenged OWCP’s choice of an impartial medical specialist. The Board…
E.H. and Department of Homeland Security, Citizenship & Immigration Services, Los Angeles, CA
E.H. and Department of Homeland Security (ECAB 15-0312): $17,806.25 overpayment affirmed
E.H. received FECA wage loss compensation and federal retirement benefits for the same period after retroactively electing retirement benefits. OWCP calculated $27,840.00 in FECA payments from July 31, 2010 through January 15, 2011, less $10,033.75 reimbursed by OPM, leaving a $17,806.25…
Canyon Fuel Company, LLC v. Secretary of Labor and Secretary of Labor v. Canyon Fuel Company, LLC
Canyon Fuel Company, LLC (FMSHRC WEST 2015-635): Escapeway that dead-ends on a canyon ledge with no road, $2,425
Canyon Fuel runs the Sufco Mine, a large underground coal mine in Sevier County, Utah. Its alternate escapeway, the backup route miners use to get out in an emergency, came out at the 4 East Fan Portal, a ledge partway down a steep canyon with no road to it. An MSHA district manager noticed the…
G.Z. and Department of the Army, Medical Command, Fort Carson, CO
G.Z. and Department of the Army (ECAB 16-0935): Fall claim denial affirmed
G.Z., a medical records technician, reported slipping on ice in his employer’s parking lot on February 25, 2015. OWCP accepted that the fall happened but denied his claim because the medical evidence did not establish a diagnosed injury caused by the fall. The Board agreed: the physician’s report…
B.T. and Department of the Navy, Naval Facilities Engineering Command Southwest, San Diego, CA
B.T. and Department of the Navy (ECAB 16-0866): Elbow injury claim returned for medical review
B.T., a Navy painter, claimed that painting on October 21, 2015 caused right elbow pain. OWCP denied his injury claim after finding that the incident had not been established and that the medical evidence did not link his condition to work. The Board found the painting incident undisputed…
K.J. and Department of Veterans Affairs, Veterans Health Administration, Lyons, NJ
K.J. and Department of Veterans Affairs (ECAB 16-0846): Suitable work refusal upheld
K.J., a library technician with accepted bilateral carpal tunnel syndrome, lost wage loss and schedule award benefits after declining a modified library position. The Board had already upheld the termination. On reconsideration, K.J. submitted new reports from her physician saying she could not…
K.C. and U.S. Postal Service, Post Office, New Orleans, LA
K.C. and U.S. Postal Service (ECAB 16-0604): Late reconsideration request denied
K.C. sought to reopen an OWCP decision from 1997 that found his back surgeries unrelated to an accepted work injury. His 2015 reconsideration request came more than one year after that merit decision. The Board found that a report about his cognitive difficulties did not establish he was unable to…
T.E. and Department of Veterans Affairs, James A. Haley Hospital, Tampa, FL
T.E. and Department of Veterans Affairs (ECAB 16-0574): One reconsideration denial upheld, another returned
T.E. asked OWCP twice in 2015 to reconsider the denial of his injury claim. Both requests came more than a year after the last merit decision. The Board upheld the September denial because the evidence submitted with that request did not show clear error in OWCP’s earlier decision. For the October…
L.W. and U.S. Postal Service, Main Office Station, Greensboro, NC
L.W. and U.S. Postal Service (ECAB 16-0537): 19 percent finger award affirmed
L.W. injured his right middle finger when a dock plate caught it at work. OWCP awarded compensation for 19 percent permanent impairment of the finger, and L.W. sought a larger award. The Board found that OWCP’s medical adviser had applied the impairment guides to the physician’s examination…
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.