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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I.A. and U.S. Postal Service, Processing & Distribution Center, City of Industry, CA
I.A. (ECAB 15-1913): Pallet jack injury excluded as willful misconduct
I.A. injured his lower leg while operating powered industrial equipment at a postal facility. Witness statements showed that trainers and supervisors had repeatedly forbidden him to operate that equipment without certification. The Board found that his deliberate, untrained operation despite those…
Secretary of Labor v. Greenbrier Minerals, LLC
Late penalty petition accepted after clerical oversight
Greenbrier Minerals timely contested a citation, but an inexperienced MSHA employee inadvertently overlooked the contest and the Secretary missed the 45-day deadline for filing the penalty petition. MSHA discovered the oversight months later and promptly moved for permission to file out of time…
Secretary of Labor v. Lewis-Goetz and Company, Inc.
Fall protection required despite training policy
A Lewis-Goetz employee performed belt-splicing work on a wet, 30-inch-wide coal belt about 10 to 12 feet above the ground without using an available safety belt or line. The Judge vacated the citation because the contractor had a written fall-protection policy, trained the employee, and provided…
Scott D. McGlothlin v. Dominion Coal Corporation
Briefing allowed on $41,525 fee request
The Commission had approved $88,975.48 in attorney fees for Scott McGlothlin's successful discrimination case and later remanded for consideration of any further fee award. McGlothlin's counsel then requested another $41,525 for legal work performed while pursuing the original fee amount. Dominion…
Secretary of Labor v. Nally & Hamilton Enterprises
Seat-belt nonuse creates strict operator liability
A rock truck overturned at Nally & Hamilton's Chestnut Flats Mine, and the driver, who was not wearing a seat belt, suffered injuries that caused lost workdays. The Judge vacated the citation because the company had a seat-belt policy, annual training, and disciplinary measures, and he…
Winch v. CSX Transportation, Inc.
Winch v. CSX Transportation (DOL ARB 2015-0020): Railroad retaliation award reversed
Ben Winch, a CSX railroad employee, called in sick and later claimed CSX retaliated against him for refusing unsafe work. An administrative law judge found a Federal Rail Safety Act violation and awarded relief. The Board held that Winch's call, in which he gave his name and employee number and…
M.N. and U.S. Postal Service, Post Office, Houston, TX
M.N. (ECAB 16-1072): Cervical condition claim denied again
M.N. sought to link a cervical condition to an accepted 1996 work injury. A prior Board decision had already addressed earlier evidence. Her new photographs and cervical X-ray showed findings but did not provide a reasoned medical link to the work injury. The Board affirmed OWCP’s denial.
N.F. and Department of the Treasury, Internal Revenue Service, Jacksonville, FL
N.F. (ECAB 16-0741): Right arm and shoulder injury claim denied
N.F. reported hurting her right arm and shoulder while pulling open a broken door at work. OWCP accepted that the door incident occurred. The Board found that the medical evidence did not adequately link a diagnosed injury to that incident and affirmed the claim denial.
J.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Salisbury, NC
J.S. (ECAB 16-0716): Intermittent disability recurrence denied
J.S. sought compensation for intermittent disability after an accepted fall that caused knee and back sprains and an arm contusion. Later reports discussed symptoms but did not show that the accepted conditions worsened and caused disability during the claimed periods. The Board affirmed denial of…
M.H. and U.S. Postal Service, Post Office, Livonia, MI
M.H. (ECAB 16-0689): Right hip condition claim denied
M.H. sought to connect a right hip condition to an accepted February 2011 work incident. The Board had already addressed earlier evidence in a prior appeal. It found the later submissions insufficient to establish a medical causal link and affirmed the denial.
S.M. and U.S. Postal Service, Northern Ohio Performance Cluster, Cleveland, OH
S.M. (ECAB 16-0623): Injury claim denied despite accepted incident
S.M. reported a September 2015 incident at work, and OWCP accepted that it happened. The Board found that the medical evidence did not adequately explain how the incident caused a diagnosed condition. It affirmed denial of the injury claim.
K.M. and Department of Health & Human Services, Indian Health Service, Blackfeet Community Hospital, Browning, MT
K.M. (ECAB 16-0618): Wage-capacity modification request remanded
K.M. asked OWCP to restore full wage-loss benefits after a prior reduction based on presumed receptionist earnings. She submitted updated treatment records and reported increased disability. OWCP denied modification without applying the criteria for changing a wage-earning capacity decision. The…
J.S. and Department of Veterans Affairs, Central Texas Health Care System, Waco, TX
J.S. (ECAB 16-0576): Increased schedule award claim remanded
J.S. had received schedule awards for leg and arm impairment, then submitted more medical evidence and sought an increase. OWCP expanded the accepted conditions but declined to reopen the schedule award claim as an untimely reconsideration request. The Board held that she could seek an increased…
L.V. and U.S. Postal Service, Post Office, Bellmawr, NJ
L.V. (ECAB 15-1856): Overpayment decision set aside for missing notice
OWCP first proposed one overpayment amount, then issued a final decision using a different amount after an earlier review. It did not give L.V. a new preliminary notice and chance to dispute the revised findings or seek waiver. The Board held that this deprived her of the required procedure. It set…
C.A. and U.S. Postal Service, Post Office, Philadelphia, PA
C.A. (ECAB 15-1789): Additional back and hip conditions remanded
C.A. sought to add lumbar and right hip conditions after an accepted work incident involving lifting mail trays. Her physician and OWCP’s referral physician reached opposing conclusions about whether the incident caused those conditions. The Board found a medical opinion conflict and directed OWCP…
American Federation of Government Employees, Council of Prison Locals #33, Local Union Number 922 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Forrest City, Arkansas (Agency)
AFGE Local 922 and FCC Forrest City (FLRA 0-AR-5163): Medical-trip grievance remained settled
AFGE Local 922 alleged that FCC Forrest City misclassified an inmate medical trip as an emergency so it could assign on-duty escort officers instead of using the overtime roster. During a later grievance over the same classification practice, the parties exchanged emails defining emergency and…
RBS, Inc. v. Secretary of Labor and Secretary of Labor v. RBS, Inc.
RBS, Inc. v. Secretary of Labor, et al. (FMSHRC WEVA 2014-691 RM, et al.): Original quarry penalty decision later amended
RBS operated the Greystone Quarry and Plant, a small West Virginia limestone operation where an MSHA inspection produced six citations and $24,886 in proposed penalties. Judge L. Zane Gill upheld three equipment citations but deleted their S&S designations because injury was unlikely under the…
Secretary of Labor v. Leeco, Inc.
Prior counseling did not prove operator negligence
A continuous-miner operator at Leeco's No. 68 Mine was fatally pinned after entering a red-zone pinch point while trying to free the machine. Leeco stipulated that the accident involved an S&S violation of its roof control plan, leaving negligence and the penalty as the disputed issues. The Judge…
M.F. and U.S. Postal Service, Post Office, Queens Village, NY
M.F. (ECAB 16-0853): Concussion and back claim and late hearing denied
M.F. claimed a concussion and back injury after a January 2015 work incident. The Board found inadequate medical evidence connecting those diagnoses to the incident. His hearing request was postmarked one day after the 30-day period expired. The Board affirmed both the merits denial and OWCP’s…
D.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Wilmington, DE
D.D. (ECAB 16-0701): Thoracic and cervical disability recurrence denied
D.D. claimed disability beginning April 15, 2015 from accepted cervical and thoracic strains related to repetitive file-clerk duties. She had returned to full duty years earlier. The Board found that she submitted no medical evidence to support the claimed recurrence of disability. It also said…
P.T. and Department of Veterans Affairs, Veterans Health Administration, Puget Sound Healthcare System, Seattle, WA
P.T. (ECAB 16-0673): Overpayment and waiver denial affirmed
P.T., a police officer, received wage-loss compensation for a week after returning to full-time work. OWCP found a $772.97 overpayment and determined that he was without fault. He did not provide the financial records OWCP requested to evaluate waiver. The Board affirmed both the overpayment…
J.S. and Department of Justice, Bureau of Prisons, Atwater, CA
J.S. (ECAB 16-0505): Reconsideration denial remanded for review of medical report
J.S., a correctional treatment specialist, sought reconsideration after OWCP terminated her wage-loss and medical benefits for an accepted lumbar sprain. Her lawyer submitted a May 26, 2015 medical report with the request. OWCP denied reconsideration without addressing that report. The Board set…
D.L. and Department of the Treasury, Internal Revenue Service, Kansas City, MO
D.L. (ECAB 16-0466): Parking garage fall claim remanded
D.L., an IRS clerk, fractured her hip in a fall while arriving at work near a parking garage doorway. OWCP denied her claim as an idiopathic fall outside compensable work factors. The Board found that OWCP had not determined whether the fall occurred on the work premises and had not established…
A.J. and U.S. Postal Service, Peter Stuyvesant Station, New York, NY
A.J. (ECAB 16-0339): Injury claim denied after mailbox panel incident established
A.J., a postal carrier, said a mailbox panel struck her neck and wrist. OWCP denied the claim, finding both that the incident was unproved and that the medical link was missing. The Board found the incident occurred as alleged and that she had a diagnosed condition. It held that the medical reports…
Secretary of Labor v. White County Coal, LLC
Four citations yield a $439 total penalty
White County Coal contested four citations from inspections of its Pattiki underground coal mine after resolving several other citations by partial settlement. The Judge affirmed a coal-accumulation violation and a related inadequate preshift-examination violation, but found the wet mixed material…
M.R. and Department of Veterans Affairs, Puget Sound Health Care System, Seattle, WA
M.R. (ECAB 16-0850): Emotional condition claim remanded for merit review
M.R., a nurse, sought reconsideration of the denial of her emotional condition claim. She submitted a detailed account of the work factors she believed caused her condition. OWCP refused merit review because it believed the Board had already considered that account. The Board found that the…
V.P. and U.S. Postal Service, Post Office, Washington, DC
V.P. (ECAB 16-0702): Schedule award denied for lumbar injury
V.P., a postal letter carrier, sought a schedule award for permanent impairment following an accepted lumbar injury. His doctor estimated five percent whole-body impairment. The Board explained that FECA does not pay a schedule award for whole-body or spinal impairment as such, though impairment of…
S.S. and U.S. Postal Service, Post Office, Tipton, CA
S.S. (ECAB 16-0675): Knee injury claim remanded for development as new injury
S.S., a rural postal carrier, reported new right knee pain while turning to deliver a package. She filed the event on a form for recurrence of an earlier knee condition. The Board found that the described work event was an intervening incident and should have been developed as a new traumatic…
R.S. and U.S. Postal Service, Post Office, Cincinnati, OH
R.S. (ECAB 16-0653): Left knee injury claim denied for lack of medical causation
R.S., a postal mail handler, felt her left knee pop after stepping off a forklift and walking on the dock. She submitted treatment records and reports about knee conditions. The Board found that the physician reports did not adequately explain how the work incident caused or aggravated those…
D.J. and U.S. Postal Service, Post Office, Huntley, IL
D.J. (ECAB 16-0476): Additional right arm schedule award denied
D.J., a postal letter carrier, sought a larger schedule award after accepted right shoulder injuries and surgery. He had already received an award for 12 percent impairment of the right arm. His doctor rated his impairment at nine percent, but the Board found that rating inconsistent with the…
B.L. and Department of Justice, Bureau of Prisons, Beaumont, TX
B.L. (ECAB 16-0358): Thumb injury denial affirmed with incident established
B.L., a correctional officer, reported injuring his left thumb while placing handcuffs on an inmate. OWCP denied the claim because it found the reported incident unproved. The Board found that his account, prompt treatment, and supervisor’s statement established the incident. It still found…
G.T. and U.S. Postal Service, Post Office, New Orleans, LA
G.T. (ECAB 16-0042): Life insurance premium overpayment remanded
G.T., a postal distribution clerk receiving compensation, was told she owed $3,237.60 because OWCP had not deducted premiums for postretirement basic life insurance. OWCP also denied waiver and set a repayment deduction. The Board found no executed election form in the record establishing the…
C.W. and Department of Veterans Affairs, Veterans Health Administration, Los Angeles, CA
C.W. (ECAB 15-0697): Temporary total disability claim denied
C.W., a Veterans Affairs nursing assistant, sought wage-loss compensation for a month in 2012 after an accepted fall had injured her knees, ankle, and back. She had returned to regular work in 2010. The Board found that the medical reports did not adequately link her inability to work during the…
Secretary of Labor v. Mountain Road Farm Sand & Gravel
Two unopposed penalty cases reopened
Two penalty assessments against Mountain Road Farm Sand & Gravel had become final Commission orders after they were not timely contested. The operator filed motions to reopen both assessments, and the Secretary did not oppose them. The Commission consolidated the two dockets because they involved…
Secretary of Labor v. Whibco of New Jersey, Inc.
Unopposed penalty reopening granted
A penalty assessment against Whibco of New Jersey had become a final Commission order after it was not timely contested. Whibco moved to reopen the assessment, and the Secretary did not oppose the request. The Commission granted reopening and remanded the case to the Chief Administrative Law Judge…
Mark Bailey v. Rex Osborne, Colin Milam, Rockwell Mining, LLC and Gateway Eagle Coal Co., LLC
Bankruptcy sale did not end discrimination claim at motion stage
Mark Bailey alleged that Gateway Eagle Coal fired him after he refused to operate a roof bolter in return air because of coal and silica dust concerns. He named Rockwell Mining as a successor after Rockwell's parent acquired the mine through Patriot Coal's bankruptcy, while Rockwell argued that the…
Secretary of Labor v. Park County Road & Bridge
Cleanup-day training dispute requires more facts
Park County held a community cleanup event on county property near its temporarily idle Nine Pit, using a waste contractor, dumpsters, and a front-end loader. MSHA cited the county for failing to provide hazard training to five contractor employees and failing to provide the contractor with…
Secretary of Labor v. Klondex Midas Operation, Inc.
Unopposed penalty reopening granted
A penalty assessment against Klondex Midas Operation had become a final Commission order after it was not timely contested. Klondex moved to reopen the assessment, and the Secretary did not oppose the request. The Commission granted reopening and remanded the matter to the Chief Administrative Law…
Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., and its successors
Secretary of Labor obo Cheryl Garcia v. Veris Gold, Inc., et al. (FMSHRC WEST 2014-905 DM): Settlement satisfaction ends discrimination case
The Secretary brought a Mine Act discrimination complaint on behalf of Cheryl Garcia against Veris Gold USA and its successors. An earlier conditional order provided that the case would be dismissed with prejudice and a September 2015 default order would be vacated once the parties confirmed full…
Secretary of Labor v. White Oak Resources, LLC
Timely contest made reopening unnecessary
White Oak Resources received a proposed penalty assessment on March 6, 2015, and agency records initially made it appear that the assessment became final when no contest was filed within 30 days. White Oak moved to reopen and asserted that it had timely contested the assessment. The Secretary…
E.B. and Department of Defense, Defense Printing Service Detachment Office, Lakehurst, NJ
E.B. (ECAB 16-1026): Termination of wage-loss and medical benefits affirmed
E.B. received benefits for asthma with rhinitis and iritis accepted after workplace copier toner exposure. OWCP terminated wage-loss and medical compensation in 2015. The Board found that second-opinion physicians gave reasoned evaluations showing no continuing accepted respiratory or eye…
C.H. and Department of Veterans Affairs, Veterans Health Administration, North Little Rock, AR
C.H. (ECAB 16-0620): Late reconsideration request denied
C.H., a Veterans Affairs nurse, sought reconsideration of OWCP’s wage-earning capacity determination. Her request reached OWCP more than a year after the last merit decision by the Board. The Board found the request untimely and held that her argument did not demonstrate clear evidence of error. It…
H.T. and U.S. Postal Service, Post Office, Hayward, CA
H.T. (ECAB 16-0482): Overpayment finding affirmed in part and remanded in part
H.T., a postal city carrier, received wage-loss compensation while also receiving federal retirement benefits. OWCP found a $7,096.33 overpayment from July 17 through September 19, 2015 and found him at fault. The Board affirmed overpayment and fault for August 1 through September 19, but found the…
M.D. and Department of Veterans Affairs, Bay Pines Veterans Medical Center, Bay Pines, FL
M.D. (ECAB 16-0475): Right leg schedule award limited to three percent
M.D., a Veterans Affairs sign language interpreter, sought a larger schedule award after a workplace fall and accepted right knee bursitis. OWCP awarded three percent permanent impairment of the right leg. The Board reviewed the medical ratings and found no evidence supporting a higher right leg…
S.K. and U.S. Postal Service, Post Office, Gaithersburg, MD
S.K. (ECAB 16-0273): Upper extremity impairment claim remanded for complete review
S.K., a postal worker, contested an award based on nine percent left arm impairment and sought assessment of both arms. The Board found that the information given to OWCP’s medical adviser omitted accepted shoulder surgeries and relevant imaging. It set aside the decision and directed OWCP to…
D.B. and U.S. Postal Service, Sulphur Springs Post Office, Tampa, FL
D.B. (ECAB 16-0210): Left shoulder occupational disease claim denied
D.B., a postal letter carrier, attributed left shoulder conditions to casing and delivering mail and carrying parcels and a satchel. His doctor related the conditions to those duties but did not explain the specific medical mechanism connecting them. The Board found that the reports lacked the…
Horst Construction dba Horst Group, Inc.
EAJA fee request denied after citation withdrawal
The Secretary withdrew a serious fall-protection citation against Horst Construction, making the company the prevailing party for Equal Access to Justice Act purposes. Horst then sought $484.10 in fees. The judge found OSHA was substantially justified because the superintendent was near…
M.R. and U.S. Postal Service, Post Office, Phoenix, AZ
M.R. (ECAB 16-0803): Motor vehicle accident injury claim denied
M.R., a postal city carrier assistant, was rear-ended while stopped at an intersection during work. The Board accepted that the crash occurred. It found that the medical reports did not establish a diagnosed injury caused by the accident; an initial pain diagnosis alone did not suffice. It affirmed…
Secretary of Labor v. New NGC, Inc. and New NGC v. Secretary of Labor
Secretary of Labor v. New NGC, Inc., et al. (FMSHRC CENT 2015-37 RM, et al.): Cracked gypsum highwall violation affirmed
New NGC operated the Harper Quarry, a small Texas surface gypsum mine where trucks made 30 to 60 daily trips along a narrow road beside a roughly 20-foot highwall. An MSHA inspector cited fractured rock on the wall as hazardous ground that could fall into the road or strike a vehicle, while the…
L.M. and Department of the Air Force, Tactical Air Command, 28th Air Division, Tinker Air Force Base, OK
L.M. (ECAB 16-0898): Retirement benefit overpayment remanded for recalculation
L.M., a former Air Force electrician, received FECA wage-loss benefits and Social Security retirement benefits partly based on federal service. OWCP preliminarily calculated a $28,825.20 overpayment, denied waiver, and set repayment at $200 every 28 days. Its hearing representative misstated the…
S.R. and Department of Homeland Security, Customs and Border Protection, Chula Vista, CA
S.R. (ECAB 16-0657): Ankle and knee injury denial affirmed as modified
S.R., a border patrol agent, reported a fall while tracking people down a ridge at work. OWCP denied the ankle and knee injury claim and a later hearing request. The Board found the hearing request late and found that the doctor had diagnosed both ankle and knee strains, correcting OWCP’s contrary…
L.T. and U.S. Postal Service, Post Office, Tustin, CA
L.T. (ECAB 16-0172): Low back injury claim remanded for medical development
L.T., a postal carrier technician with a prior accepted back condition, reported severe low back and leg symptoms while delivering mail. OWCP accepted the work incident but denied a causal link to the claimed new back condition. The Board found his doctor’s reports insufficient to prove the claim…
V.H. and U.S. Postal Service, Post Office, Los Angeles, CA
V.H. (ECAB 16-0132): Late hearing and reconsideration requests denied
V.H., a postal mail handler with an accepted earlier injury, sought an oral hearing and reconsideration of a much older OWCP decision. The Board found the hearing request untimely and noted that she had previously pursued reconsideration. It also found her new reconsideration request late and…
R.R. and U.S. Postal Service, Post Office, Chicago, IL
R.R. (ECAB 15-1401): Hip impairment award remanded for impartial rating
R.R., a postal city carrier, received a schedule award for 21 percent permanent impairment of his left leg after an accepted hip condition and replacement surgery. His treating physician rated the impairment at 31 percent, while OWCP’s medical adviser rated it at 21 percent. The Board found a…
G.B. and Department of Veterans Affairs, Edith Nourse Rogers Memorial Veterans Hospital, Bedford, MA
G.B. (ECAB 15-1138): Short disability claim denied for lack of causal link
G.B., a Veterans Affairs recreational therapist, sought compensation for a short period away from work after an accepted injury involving low back spasms and temporary elevated blood pressure. Her later treatment involved faintness, chest symptoms, and blood pressure concerns. The Board found that…
D.B. and U.S. Postal Service, Post Office, Philadelphia, PA
D.B. (ECAB 15-0916): Information clerk wage capacity finding remanded
D.B., a postal letter carrier, had accepted knee and wrist injuries and received total disability benefits. OWCP reduced compensation after finding that she could work as an information clerk. The Board found that the physician on whom OWCP relied had not reviewed newer reports from her treating…
Secretary of Labor v. Gateway Eagle Coal Company, LLC
Unsupported 50 percent settlement cuts denied
Gateway Eagle and the Secretary proposed cutting by half the penalties for two S&S citations that alleged fatal hazards. One citation concerned a damaged 480-volt roof-bolter cable splice with exposed conductors, and the other concerned dry coal fines compressed against a moving belt. The Judge…
Secretary of Labor v. Sunbelt Rentals, Inc.; LVR, Inc.; and Roanoke Cement Co., LLC
Workplace examinations must meaningfully identify hazards
Sunbelt Rentals erected scaffolding inside Roanoke Cement's preheat tower for maintenance contractor LVR. A Sunbelt supervisor examined the sixth level and visually inspected the seventh level without using an exterior doorway that revealed accumulated material above the work area; later that…
T.D. and U.S. Postal Service, Post Office, Horseheads, NY
T.D. (ECAB 16-0919): Left elbow occupational disease claim denied
T.D., a rural postal carrier, attributed cubital tunnel syndrome in her left elbow to repetitive mail handling and delivery duties and an earlier accepted elbow injury. OWCP accepted that she performed the described repetitive work. The Board found that the medical reports did not adequately…
M.D. and U.S. Postal Service, Post Office, Indianapolis, IN
M.D. (ECAB 16-0479): Emotional condition denial affirmed; reconsideration remanded
M.D., a postal customer service supervisor, claimed anxiety related to alleged workplace bullying. The Board found that the evidence before OWCP did not establish a compensable work factor and affirmed the original denial. On reconsideration, she submitted a workplace harassment policy and a new…
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.