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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K.S. and U.S. Postal Service, Post Office, Atlanta, GA
K.S. (ECAB 16-0401): Wage-loss benefits terminated after suitable work refusal
K.S., a postal letter carrier with accepted arm and wrist conditions, was offered a lobby assistant position. OWCP terminated wage-loss benefits after finding the job suitable and her refusal unjustified. The Board upheld that finding and also found her reconsideration materials insufficient to…
J.E. and Department of Homeland Security, Customs and Border Protection, San Diego, CA
J.E. (ECAB 16-0373): Cardiac injury claim denied for lack of medical causation
J.E., a Customs and Border Protection officer, experienced cardiac arrest while running at a federal training center. OWCP accepted that he was performing work duties and that his claim was timely. The Board found no medical opinion explaining that the running caused his heart condition. It…
G.T. and U.S. Postal Service, Post Office, Jersey City, NJ
G.T. (ECAB 16-0322): Wrist claim not reopened on reconsideration
G.T., a postal mail handler, claimed a left wrist condition related to lifting and handling mail. After OWCP denied the claim, she requested reconsideration using a form without supporting evidence or argument. The Board found that the request did not meet a requirement for reopening the merits. It…
C.J. and U.S. Postal Service, Post Office, Dallas, TX
C.J. (ECAB 15-1240): Additional shoulder schedule award denied
C.J., a postal city carrier, sought an increased schedule award for an accepted right shoulder condition. He had already received an award for nine percent impairment of the right arm. The Board found that later physician ratings did not adequately explain their methods under the applicable…
J.D. and Department of Transportation, Federal Aviation Administration, Washington, DC
J.D. (ECAB 15-0943): Emotional condition claim remanded for merit review
J.D., an air traffic control specialist, attributed an emotional condition to workplace training and other work factors. After OWCP denied his claim, he submitted deposition testimony from a coworker and trainer with a reconsideration request. The Board found the testimony new and pertinent to…
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): Dismissal and default vacatur made conditional on settlement completion
The Secretary, acting for Cheryl Garcia, withdrew her Mine Act discrimination complaint against Veris Gold USA and its claimed or potential successors after the parties resolved their dispute. Garcia and the Secretary also asked the Judge to vacate a September 2015 default order. The Judge…
L.S. and U.S. Postal Office, Post Office, Brady, TX
L.S. (ECAB 16-0769): Emotional condition claim denied
L.S., a postal clerk, claimed mental stress from a hostile work environment after a dispute with management. OWCP asked her to describe the work incidents and provide supporting evidence. She did not respond with the requested details. The Board found that she had not established a factual work…
J.P. and Department of Homeland Security, Customs and Border Protection, San Diego, CA
J.P. (ECAB 16-0501): Ankle and knee injury claim denied
J.P., a Customs and Border Protection agriculture specialist, said he twisted his right ankle and knee while walking down stairs at work. The Board accepted that the incident occurred. His medical reports did not explain how that incident caused or aggravated a diagnosed condition, especially in…
T.D. and U.S. Postal Service, Post Office, New Orleans, LA
T.D. (ECAB 15-1938): Termination of compensation reversed
T.D., a postal worker, received benefits for accepted arm nerve conditions and carpal tunnel syndrome. OWCP terminated wage-loss and medical benefits after relying on her treating physician’s opinion that she had recovered. The Board found that the physician had not shown review of the full medical…
R.C. and U.S. Postal Service, Bronx Transportation and Networks, Bronx, NY
R.C. (ECAB 15-1889): Compensation terminated after suitable work refusal
R.C., a postal motor vehicle operator with accepted right leg and knee injuries, was offered a garage man position. He refused it and OWCP ended his monetary compensation. The Board found that an impartial medical examiner supported the job’s suitability and that OWCP followed the required notice…
D.S. and U.S. Postal Service, Post Office, Forest Park, IL
D.S. (ECAB 15-0585): Emotional injury claim remanded after workplace contact
D.S., a postal mail handler, claimed an emotional condition after physical contact with a supervisor during a work discussion. OWCP denied the claim because it did not find a compensable work factor. The Board found that both accounts established physical contact arising at work, regardless of…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Englewood, Colorado (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 709 (Union)
FCI Englewood and AFGE Local 709 (FLRA 0-AR-5180): Disability-accommodation award upheld
A correctional officer returned after a workplace injury and performed temporary light-duty assignments while medical reports continued to restrict his regular duties. After receiving an ambiguous physician letter, FCI Englewood required him to return to full correctional-officer duty or take…
Secretary of Labor v. Premier Elkhorn Coal Company
Loss-of-control citation restored, brake citation remains vacated
A contract truck driver was fatally injured after his loaded coal truck lost steering control on a steep road at Premier Elkhorn's surface mine, struck a berm, and overturned. The Judge had vacated citations alleging failure to maintain full control and inadequate brakes because MSHA did not…
Secretary of Labor v. Kentucky Fuel Corporation
Second defective-dozer citation was duplicative
MSHA cited Kentucky Fuel after an inspector found numerous defects on a bulldozer that had been used at the Beech Creek Surface Mine, including a nonworking horn and backup alarm, a missing engine cover, and an oil leak. The Judge affirmed a general unsafe-equipment citation under section…
Secretary of Labor v. Trivette Trucking
Loss-of-control violation stands, brake order remains vacated
A Trivette Trucking driver was fatally injured after his loaded coal truck lost steering control on a steep mine haul road, struck a berm, and overturned. MSHA issued orders alleging failure to maintain full control of moving equipment and failure to maintain adequate brakes. The Judge affirmed the…
J.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Jackson, MS
J.S. (ECAB 16-0837): Back injury denial and refusal to reopen affirmed
J.S., a Veterans Affairs librarian, said she injured her back while moving books from shelves and pushing a cart. OWCP denied the claim because the medical evidence did not adequately link a diagnosed condition to the work incident. The Board agreed that the reports lacked a complete factual basis…
G.S. and U.S. Postal Service, Post Office, Oklahoma City, OK
G.S. (ECAB 16-0826): Overpayment and waiver denial affirmed
G.S., a postal mail handler, received total disability compensation while also being paid his salary after returning to work. OWCP found a $5,805.43 overpayment for October 26 through December 12, 2015 and determined that he was without fault. The Board affirmed the amount but found his reported…
K.S. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
K.S. (ECAB 16-0782): Reconsideration denial remanded after agency delay
K.S., an Army industrial worker, claimed an injury following detonation of flash bang canisters at work. After OWCP denied the claim, she timely sought reconsideration. OWCP took more than 11 months to deny merit review, which prevented a timely Board appeal of the earlier merit decision. The Board…
G.R. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
G.R. (ECAB 15-1047): Compensation forfeiture and overpayment affirmed
G.R., a Navy shipyard welder, received compensation for an accepted shoulder injury. OWCP found that he had failed to report earnings from work at an adult family home on required forms. The Board upheld forfeiture of benefits for February 10, 2012 through September 10, 2013 and the resulting…
All Erection and Crane Rental Corp.
Crane wire-rope citations and $21,000 vacated
A crawler crane's boom-hoist wire rope broke, causing the boom to collapse and killing two workers. All Erection owned the crane but had leased it without an operating crew to Beaver Excavating, which employed the operators and controlled routine inspection, maintenance, and lubrication. The judge…
Elster McClanahan v. Brem Coal Company, LLC
Elster McClanahan v. Brem Coal (BRB 15-0348 and 15-0348 BLA-A): third employer medical examination barred
Elster McClanahan had undergone a government pulmonary examination and two examinations for Brem Coal while pursuing black lung benefits. The employer sought to compel a third examination because the existing medical evidence was about three years old. The administrative law judge granted that…
K.R. and U.S. Postal Service, Network Distribution Center, Warrendale, PA
K.R. (ECAB 16-0839): Right hand occupational disease claim denied
K.R., a temporary postal mail handler, attributed right hand and wrist symptoms to work duties performed over several shifts. The Board treated the claim as an occupational disease claim despite her use of a traumatic injury form. OWCP accepted the described work activities, but the medical reports…
O.M. and U.S. Postal Service, Main Post Office, St. Paul, MN
O.M. (ECAB 16-0747): Knee injury claim remanded for merit review
O.M., a postal custodian, claimed a right knee injury while walking and sweeping steps at work. OWCP denied the original claim after questioning when the incident was reported. She submitted an employer accident report and treatment authorization with a reconsideration request. The Board found the…
M.A. and U.S. Postal Service, Post Office, Kahului, HI
M.A. (ECAB 16-0247): Wage-earning capacity modification denied
M.A., a postal worker, sought to modify an earlier wage-earning capacity determination after changes involving a limited-duty position. The Board had previously required OWCP to develop the claim under its procedures for withdrawn limited-duty work. After reviewing the developed record, it found…
D.G. and Department of the Air Force, Hill Air Force Base, UT
D.G. (ECAB 16-0216): Disability recurrence claim denied after resignation
D.G., an Air Force police officer, had an accepted back injury and later left his job. He claimed disability recurrence beginning on the date he resigned. The Board found that he resigned for personal reasons, that the employer had not withdrawn suitable limited-duty work because of his injury, and…
Secretary of Labor v. Ralph W. Dushane employed by Cemex Construction Materials of Florida, LLC
Secretary of Labor v. Ralph W. Dushane (FMSHRC SE 2016-132 M): Three-year assessment delay did not yet show actual prejudice
MSHA sought individual penalties from Cemex employee Ralph Dushane under section 110(c) for two violations issued in November 2012. Although MSHA notified him of its intent to assess penalties in March 2013, it did not issue the proposed assessment until February 2016, about 38 months after the…
T.L. and U.S. Postal Service, Parklawn Station, Milwaukee, WI
T.L. (ECAB 16-0536): Emotional condition claim remanded for merit review
T.L., a postal mail carrier, claimed a stress-related condition after being directed to deliver mail contrary to restrictions from an earlier claim. OWCP denied the claim and later refused merit review. The Board found that his reconsideration request raised relevant new legal arguments and that…
J.R. and U.S. Postal Service, Post Office, Bradley Beach, NJ
J.R. (ECAB 16-0327): Right knee expansion of injury claim denied
J.R., a postal customer services supervisor, sustained an accepted left femur fracture in a fall while delivering mail. He later sought to add a right knee condition and knee replacement to the claim, arguing either direct injury or effects from favoring the injured leg. The Board found that the…
F.M. and Department of Homeland Security, Transportation Security Administration, El Paso, TX
F.M. (ECAB 16-0198): Overpayment finding reversed for inadequate calculation
F.M., a former transportation security screener, was told she had received $39,904.20 too much in wage-loss compensation because OWCP had used an incorrect pay rate. The Board found OWCP had not explained the basis for the corrected rate or its calculation well enough to establish the claimed debt…
T.T. and U.S. Postal Service, Post Office, Philadelphia, PA
T.T. (ECAB 15-1117): Additional neck and nerve conditions denied
T.T., a postal distribution clerk with previously accepted neck and nerve conditions, claimed additional cervical radiculopathy or brachial plexus injury from later modified work duties. Medical opinions conflicted about the cause of her symptoms. The Board found the impartial specialist’s opinion…
E.H. and Department of Homeland Security, LaGuardia International Airport, Flushing, NY
E.H. (ECAB 15-0848): Life insurance overpayment affirmed; waiver remanded
E.H., a transportation security officer, received compensation without deductions for elected postretirement basic life insurance. The Board upheld OWCP’s $1,759.38 overpayment finding and agreed he was without fault. It found that OWCP had failed to consider his timely waiver request and financial…
Flintlock Construction Services LLC
Willful scaffold violations and $249,920 affirmed
OSHA found workers using inadequately planked, braced, accessed, and guarded scaffolds at a hotel construction project. Flintlock controlled the worksite and had authority to stop work, but its managers repeatedly ignored documented scaffold warnings from the onsite safety manager. The judge found…
Tower Maintenance Corp.
Alternative training violations remanded for clarification
OSHA cited Tower Maintenance after a fatal accident during painting work on an electrical transmission tower. For one training item, the Secretary pleaded power-transmission standards and general PPE and electrical standards in the alternative, but the pleadings and later briefs reversed which set…
Action Electric Company
Divided Commission leaves lockout citation vacated
An Action Electric apprentice was fatally struck by a steel mill cooling-bed counterweight before the facility's lockout process was complete. The judge vacated the group lockout citation after finding the cited rule did not apply to the fan-replacement work. The two Commission members disagreed on…
Stockton Oil Company
In re Stockton Oil Company (EAB RCRA (9006) Appeal No. 16-01): ALJ decision set aside after settlement
The EAB had begun its own review of a Resource Conservation and Recovery Act enforcement decision against Stockton Oil Company because the record showed conflicting underground storage tank penalty guidance and formulas for calculating avoided costs. The parties later settled, and EPA Region 8's…
S.J. and Department of Veterans Affairs, Veterans Administration Medical Center, Shreveport, LA
S.J. (ECAB 16-0670): Scheduled telephone hearing abandoned
S.J., a Veterans Affairs medical support assistant, requested a telephone hearing after OWCP denied expansion of an accepted injury claim. OWCP mailed her the hearing time, number, and pass code. She did not call, request postponement, or timely explain her absence. The Board affirmed the finding…
S.M. and U.S. Postal Service, Northern Ohio Performance Cluster, Cleveland, OH
S.M. (ECAB 16-0641): Shoulder and back injury claim denied
S.M., a postal city carrier assistant, reported shoulder and back symptoms while moving large boxes from a cart to a truck. OWCP accepted the incident and the diagnoses of shoulder and lumbar strains. The Board found that the physician reports did not explain how the incident caused those…
S.H. and U.S. Postal Service, Post Office, Dumfries, VA
S.H. (ECAB 16-0508): Disability recurrence and consequential pain condition denied
S.H., a postal rural carrier, had accepted upper extremity conditions including carpal tunnel syndrome. She sought compensation for a later disability period and claimed complex regional pain syndrome or reflex sympathetic dystrophy as a consequence of the accepted conditions. The Board found…
R.P. and Department of the Interior, Fish and Wildlife Service, Bald Knob, AZ
R.P. (ECAB 16-0498): Shoulder injury claim denied after vehicle exit
R.P., an engineering equipment operator, reported shoulder symptoms after grabbing a handle while exiting his work vehicle. The Board accepted that he made that movement at work. His only causal opinion came from a physician assistant, whose report did not qualify as competent medical evidence…
M.N. and Defense Logistics Agency, Distribution Region West Injury Compensation Center, Fort Belvoir, VA
M.N. (ECAB 16-0360): Health insurance premium overpayment affirmed
M.N. received compensation without a $451.58 health insurance premium deduction during one 28-day period after her coverage was temporarily suspended. The Board agreed the missed deduction created an overpayment and that she was without fault. She had not supplied requested financial information to…
C.L. and U.S. Postal Service, Northern New Jersey Metro Processing and Distribution Center, Teterboro, NJ
C.L. (ECAB 16-0003): Smoke exposure claim not reopened
C.L., a postal motor vehicle operator, claimed a respiratory condition from smoke in a work vehicle. OWCP denied the claim because the asserted exposure had not been established. On reconsideration, he submitted general information on secondhand smoke and smoking policies. The Board found that…
J.E. and U.S. Postal Service, Post Office, Delaware, OH
J.E. (ECAB 15-0759): Vocational rehabilitation benefit reduction reversed
J.E., a postal distribution clerk, was receiving disability benefits after accepted back conditions. OWCP reduced compensation when he stopped coursework needed for a proposed payroll clerk position. The Board found that OWCP’s warning letter did not give the required 30-day period to explain his…
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): Withdrawal conditioned on settlement completion
The Secretary, acting for Cheryl Garcia, withdrew her Mine Act discrimination complaint against Veris Gold USA and its claimed or potential successors. Garcia sought dismissal with prejudice after the parties reached an agreed resolution. The Judge conditionally approved the joint motion but stated…
Brian Jackson v. Alan Ritchey Materials Co., LC
Amended claims struck, safety-refusal case continues
Brian Jackson alleged that Alan Ritchey Materials fired him after he refused nighttime work from a small boat on a river because he had recently been aboard a boat that sank and required rescue. After MSHA found insufficient evidence of Mine Act discrimination, Jackson appealed and later filed an…
R.D. and Department of Veterans Affairs, West Los Angeles Veterans Administration Medical Center, Los Angeles, CA
R.D. (ECAB 16-0804): Reported insect bite injury claim denied
R.D., a Veterans Affairs equipment mechanic, reported bug bites to his hand, arm, and neck at work. The Board accepted that the reported workplace incident occurred. It found the medical evidence insufficient to establish diagnosed injuries caused by it. It affirmed OWCP’s denial.
R.G. and U.S. Postal Service, Post Office, Denville, NJ
R.G. (ECAB 16-0647): Knee disability recurrence claim denied
R.G., a postal letter carrier, had accepted right knee injuries and later sought compensation for renewed disability. OWCP authorized subsequent knee surgery. The Board found that the medical reports still did not establish that the claimed disability period before surgery was caused by the…
K.J. and Department of the Navy, Navy Installations Command, San Diego, CA
K.J. (ECAB 16-0089): Compensation pay rate remanded for premium pay review
K.J., a Navy police officer, disputed the pay rate used to calculate compensation after an accepted arm injury. The Board found unanswered questions about administratively uncontrollable overtime, Sunday premium, and night differential pay. OWCP had not shown the source or accuracy of some figures…
M.M. and U.S. Postal Service, Post Office, Knoxville, TN
M.M. (ECAB 15-1714): Total disability recurrence claim denied
M.M., a postal worker with accepted neck, back, shoulder, and emotional conditions, claimed she became totally unable to perform modified work in April 2014. The Board found her assertions that work exceeded her restrictions lacked supporting facts. Her physicians did not adequately explain why the…
H.A. and Department of Veterans Affairs, Palo Alto Health Care System, Menlo Park, CA
H.A. (ECAB 15-1351): Wage-loss and medical benefit termination affirmed
H.A., a Veterans Affairs nursing assistant, received benefits for accepted lumbar strain and radiculitis after lifting a patient. His treating doctor and OWCP’s second-opinion physician disagreed about continuing work-related disability. The Board found the impartial specialist’s report well…
M.H. and U.S. Postal Service, Post Office, Houston, TX
M.H. (ECAB 15-0478): Emotional condition claim denied
M.H., a postal distribution supervisor, attributed depression to alleged overwork, staffing shortages, harassment, and retaliation. The Board found that she had not sufficiently documented overwork or established another compensable employment factor on the record. It therefore did not reach…
James Rutledge d/b/a Rutledge Roofing
Inadequate roof safety monitor draws $2,000 penalty
Rutledge Roofing used no guardrails, nets, or personal fall-arrest systems while two people installed metal roofing more than eight feet above hard surfaces. The owner claimed he served as a safety monitor, but he performed roofing work, moved between roof levels, and sometimes worked from the…
The Davey Tree Surgery Company
Logging items vacated and $300 reporting penalty affirmed
A Davey Tree employee was fatally struck during tree removal in a utility right-of-way. Following Commission precedent in companion Davey Tree cases, the judge found the work was line clearance rather than logging, so the logging standard did not apply. The evidence also showed training on tree…
Secretary of Labor v. Apogee Coal Company, LLC, et al
Penalty assessments reopened and remanded
The Commission considered a joint motion to reopen 56 penalty assessments issued to subsidiaries of Patriot Coal Corporation after its Chapter 11 bankruptcy and asset sales. The parties said bankruptcy-related ownership changes and settlement discussions caused missed contests, and the Secretary…
Secretary of Labor v. Conveyor Belt Services, Inc.
Conveyor belt used for splicing was a working platform
Conveyor Belt Services employees spliced a belt at U.S. Steel's Minntac Mine while standing or kneeling on the belt and a temporary ladder, toolbox, and plywood structure about 51 to 55 inches above the floor. Neither surface had handrails, and the employees used no fall protection during work…
Secretary of Labor v. Big Ridge, Inc.
Settlement restores unwarrantable failure but keeps $15,000 penalty
MSHA cited Big Ridge for violating electrical-equipment examination requirements at the Willow Lake Portal Mine and proposed $25,810 based on high negligence and unwarrantable failure. The Judge removed those enhanced findings, found moderate negligence, and assessed $15,000. While the Secretary's…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida (Respondent/Agency) and American Federation of Government Employees, Local 506 (Charging Party/Union)
FCC Coleman and AFGE Local 506 (FLRA AT-CA-12-0579): Inter-institution relief bargaining ordered
FCC Coleman consolidated sick-and-annual relief rosters across four prison institutions so officers from one facility could fill posts at another. The agency implemented the policy before bargaining was complete, later settled an unfair-labor-practice charge by agreeing to continue negotiations…
United States Department of Homeland Security, Federal Emergency Management Agency (Agency) and American Federation of Government Employees, Local 4060 (Union)
FEMA and AFGE Local 4060 (FLRA 0-AR-5162): Promotion grievance remanded
FEMA denied a supervisor's recommendation to promote a GS-13 contract specialist to GS-14. The parties asked an arbitrator to decide specifically whether that denial violated FEMA's upward-mobility program and, if so, whether backpay was due. The arbitrator instead reviewed general promotion…
Matter of M-J-K-
Competency safeguards require remand for further proceedings
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision terminating removal proceedings without prejudice after finding that the respondent was not competent and that adequate procedural safeguards were unavailable. The respondent was a Jordanian citizen…
Brandon T. Hopper v. Marten Transport, Ltd.
Hopper v. Marten Transport (DOL ARB 2016-0043): Trucking whistleblower case settled
Brandon Hopper alleged that Marten Transport fired him for protected activity under the Surface Transportation Assistance Act. An administrative law judge found a violation and awarded damages, and Marten sought Board review. After mediation, the parties submitted a settlement agreement and asked…
Shane Horton v. Coal River Mining, LLC
Judge's default dismissal vacated on reopening
An ALJ dismissed Shane Horton's discrimination case after he did not respond to a show-cause order concerning communication with the court and settlement participation. Horton moved to reopen, saying he did not receive the order because the judge used P.O. Box 803, while Horton's complaints to MSHA…
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.