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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Secretary of Labor v. West Alabama Sand & Gravel, Inc.
Six-year penalty delinquency supports $22,450 assessment
A customer truck driver climbed onto a loaded trailer without fall protection and worked near its edge about ten feet above the ground at West Alabama Sand & Gravel's mine. An earlier decision affirmed the S&S violation but removed unwarrantable failure, reduced negligence to moderate, and cut the…
P.R. and Department of Energy, National Nuclear Security Administration, Albuquerque, NM
P.R. (ECAB 16-0787): Injury claim timeliness remanded for supervisor knowledge
P.R., a federal nuclear materials courier, attributed a progressive ataxia condition to an earlier work vehicle accident. OWCP denied the claim as filed too late. The Board found that he knew of the possible work connection years before filing, but the record indicated that his supervisor may have…
A.R. and U.S. Postal Service, Post Office, San Diego, CA
A.R. (ECAB 16-0750): Late oral hearing request denied
A.R., a postal letter carrier, requested an oral hearing about an OWCP decision involving his accepted injury claim. He made the request beyond the 30-day period for a hearing as of right. The Board found that OWCP considered whether to grant a discretionary hearing and reasonably directed him to…
J.N. and Department of Veterans Affairs, Jesse Brown Veterans Administration Medical Center, Chicago, IL
J.N. (ECAB 16-0704): Schedule award hearing request abandoned
J.N., a Veterans Affairs locksmith, requested a hearing after OWCP denied a schedule award. OWCP mailed advance notice of the hearing to his address of record. He did not appear or timely explain his absence. The Board affirmed the finding that he abandoned the hearing request.
A.M. and U.S. Postal Service, Post Office, Salem, OR
A.M. (ECAB 16-0499): Ankle schedule award and reconsideration denied
A.M., a postal mail carrier with an accepted left ankle sprain, sought a schedule award for permanent impairment. The Board found the evidence did not establish a ratable permanent impairment from the accepted sprain. It also found that her reconsideration materials did not warrant reopening the…
L.B. and U.S. Postal Service, Post Office, Marshfield, VT
L.B. (ECAB 16-0486): Right shoulder injury claim denied
L.B., a postal rural carrier, felt a pop in her right shoulder while transferring mail inside her truck. The Board accepted the incident and a diagnosis of rotator cuff tear. It found that the medical reports did not adequately explain how that movement caused or aggravated the tear. It affirmed…
B.T. and Department of Energy, Bonneville Power Administration, Portland, OR
B.T. (ECAB 16-0454): Rescission of accepted hearing loss reversed
B.T., a Bonneville Power Administration worker, had an accepted bilateral hearing loss claim related to work noise. OWCP later tried to rescind acceptance of the left-ear portion based on a supplemental physician opinion. The Board found that OWCP had not reviewed the combined earlier and later…
K.J. and Department of Homeland Security, Transportation Security Administration, Miami, FL
K.J. (ECAB 15-1637): Two-week total disability claim denied
K.J., a transportation security officer, had accepted bilateral Achilles tendinitis and tarsal tunnel syndrome. She claimed total disability for two weeks after an offer of limited duty within her restrictions. The Board found the medical reports did not adequately explain why the accepted…
Secretary of Labor v. Gateway Eagle Coal Company, LLC
Reopening motion withdrawn and case dismissed
Gateway Eagle Coal filed a motion asking the Commission to reopen Docket No. WEVA 2016-1. The company later asked to withdraw that motion. The Commission granted withdrawal and dismissed the case without addressing the basis for reopening.
Secretary of Labor v. Essroc San Juan
Unopposed penalty reopening granted
A penalty assessment against Essroc San Juan had become a final Commission order after it was not timely contested. Essroc 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 for…
Secretary of Labor v. River View Coal, LLC
Unopposed penalty reopening granted
A penalty assessment against River View Coal had become a final Commission order after it was not timely contested. River View 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…
Matter of Antonio GOMEZ-BELTRAN
False testimony bars good moral character
The Board reviewed a Mexican citizen's appeal after an Immigration Judge found him removable and denied cancellation of removal and voluntary departure. The respondent had disclosed only one conviction in his application and initially denied other arrests and convictions under oath, then admitted…
Beatty v. Inman Trucking Management, Inc.
Beatty v. Inman Trucking Management (DOL ARB 2015-0064): Back pay for adverse reports affirmed
Lindell and April Beatty worked as truck drivers for Inman Trucking and complained about unsafe truck conditions. After Inman fired them, it submitted negative reports to a driver history database. On remand, an administrative law judge found that Inman had not proved it would have submitted those…
J.A. and U.S. Postal Service, Post Office, Norfolk, VA
J.A. (ECAB 16-0788): Disability after 1979 resignation not established
J.A. had accepted back and neck injuries from 1972 and 1978. He returned to full-time limited duty in August 1979 without wage loss and resigned the next month. He sought disability compensation beginning on the resignation date. The Board found that his physician’s new letter explained terminology…
P.A. and Department of Homeland Security, Transportation Security Administration, Houston, TX
P.A. (ECAB 16-0768): Wage-loss termination after refusal of modified work upheld
P.A. had an accepted right shoulder injury and surgery. His employer offered a temporary assignment within his physician’s work restrictions, but he declined it and resigned. The Board found that he had an opportunity to accept the assignment and that medical evidence showed he could perform it. It…
L.B. and Department of Veterans Affairs, Veterans Benefits Administration, St. Louis, MO
L.B. (ECAB 16-0737): Carpal tunnel claim not reopened
L.B. sought reconsideration after OWCP denied her bilateral carpal tunnel claim. She submitted an addendum from her physician that repeated her account of work duties without further explaining how those duties caused her condition. The Board found the evidence cumulative and found no new legal…
P.S. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
P.S. (ECAB 16-0711): Emotional condition claim lacked an established work factor
P.S. claimed that events at a postal processing center caused an emotional condition. The Board found that he had not established a compensable work factor, including his allegations of harassment or bullying. Without such a factor, the Board did not reach the medical evidence. It affirmed the…
J.E. and Department of the Navy, Fleet Forces Command Stations, Norfolk, VA
J.E. (ECAB 16-0370): Nerve-condition claim lacked medical causation
J.E., a composite and plastic fabricator, attributed bilateral carpal tunnel syndrome and ulnar neuropathy to repetitive work with tools. OWCP accepted his account of repetitive duties. The Board found that one physician diagnosed the conditions without addressing their cause, while another did not…
R.K. and Department of the Navy, Naval Facilities Engineering Command Program, San Diego, CA
R.K. (ECAB 16-0355): Late reconsideration request denied
R.K. requested reconsideration of a June 2014 claim denial. OWCP received the request more than one year after that decision, and the Board applied the rule measuring timeliness by receipt rather than mailing. The Board also found that the submitted evidence did not demonstrate clear evidence of…
S.C. and U.S. Postal Service, Post Office, Chicago, IL
S.C. (ECAB 16-0284): Medical appointment wage-loss question returned to OWCP
S.C. claimed intermittent disability in August 2015 related to an accepted right shoulder condition. The Board upheld the denial of disability for the claimed periods and upheld OWCP’s refusal to reopen the merits based on a duplicate medical report. It found the record insufficient to decide…
Secretary of Labor v. Newmont USA Limited
Unsupported 50 percent ground-control settlement cut denied
Newmont and the Secretary proposed a 50 percent penalty reduction for a ground-support citation at the Leeville Mine. The inspector had described a 12-foot-long, 18-foot-high area with missing wire and shotcrete, damaged bolts, and loose material that could cause a permanently disabling injury. The…
Secretary of Labor v. BHP Copper, Inc. and Secretary of Labor v. Tetra Tech Construction Services
Secretary of Labor v. BHP Copper, Inc., et al. (FMSHRC WEST 2013-636 M, et al.): Accident-investigation facts ordered produced
After a fatal accident at BHP Copper's Pinto Valley Mine, BHP conducted an internal investigation in which Tetra Tech participated, and the Secretary sought the report and related materials in discovery. The Judge had ordered production of factual materials while allowing legal strategy, attorney…
Secretary of Labor v. Hopkins County Coal, LLC
MSHA may demand personnel files during discrimination investigations
A fired Hopkins County Coal belt examiner filed an MSHA discrimination complaint that expressed a belief of unfair treatment but did not identify a specific protected activity. During its investigation, MSHA requested his personnel file and five years of files for similarly situated employees, but…
L.G. and Department of the Army, Military Enlistment Processing Station, San Diego, CA
L.G. (ECAB 16-0792): Thumb impairment award and record review denied
L.G. sought a schedule award for an accepted left thumb condition after surgery. His physician reported that the condition resolved and rated permanent impairment at zero, leaving no medical basis for an award. L.G. also requested review of the written record more than 30 days after OWCP’s…
V.O. and U.S. Postal Service, Millard Station, Omaha, NE
V.O. (ECAB 16-0609): Ankle award changed to more favorable foot rating
V.O. received a schedule award based on six percent permanent impairment of her left leg after accepted ankle injuries and surgery. The Board agreed with the impairment measurement but found that converting it to nine percent impairment of the foot yielded a longer award. It modified OWCP’s…
J.R. and Department of the Interior, National Park Service, Denali Park, AK
J.R. (ECAB 16-0608): Wrist impairment rating returned for development
J.R. received a five percent right arm impairment award after an accepted wrist fracture. The Board found that the medical adviser used a wrist-fracture rating method requiring normal motion without adequately addressing measured motion loss. It also directed OWCP to consider whether a diagnosed…
D.E. and U.S. Postal Service, Post Office, Albany, NY
D.E. (ECAB 16-0516): Cervical injury claim lacked medical causation
D.E., a city carrier, slipped on ice while crossing a lawn at work and caught himself before hitting the ground. He sought compensation for cervical conditions. The Board accepted that the incident occurred but found his physician had not sufficiently explained how the slip caused neck hyperflexion…
A.F. and Department of Veterans Affairs, Fayetteville North Carolina Medical Center, Fayetteville, NC
A.F. (ECAB 16-0393): Shoulder compensation termination upheld
A.F. had accepted right shoulder and arm injuries and underwent surgery. OWCP ended her wage-loss and medical benefits after a second opinion physician concluded that the accepted injuries had resolved and she could perform her regular duties. The Board found the opinion supported by examination…
T.P. and U.S. Postal Service, Post Office, Birmingham, AL
T.P. (ECAB 16-0336): Lumbar claim not reopened for review
T.P. requested reconsideration of an earlier denial of his lumbar injury claim. His submission repeated medical reports and a claim form already in the record. The Board found no new relevant evidence, new legal argument, or showing that OWCP misapplied the law. It affirmed OWCP’s refusal to reopen…
F.F. and Department of Transportation, Federal Aviation Administration, Rosedale, NY
F.F. (ECAB 16-0063): Social Security offset overpayment recalculation required
F.F. received both FECA compensation and Social Security benefits attributable in part to federal service, creating an overpayment. OWCP calculated it as $5,168.92 and ordered recovery from continuing benefits. The Board found that the calculation used retirement data for a different federal…
A.B. and U.S. Postal Service, Post Office, Edison, NJ
A.B. (ECAB 16-0556): Shoulder and back injury claim lacked medical causation
A.B., a mail handler, pulled a cord from a forklift battery and fell back against a beam at work. She sought compensation for a thoracic disc condition and left shoulder tear. The Board found that the medical reports did not adequately explain how the incident caused either diagnosed condition. It…
W.L. and Department of Veterans Affairs, Veterans Health Administration, Biloxi Veterans Affairs Medical Center, Biloxi, MS
W.L. (ECAB 16-0037): Overpayment and recovery from schedule award upheld
W.L. returned to full-time limited duty but later received and cashed a temporary-total-disability check covering workdays after her return. The Board upheld the $1,221.84 overpayment and found that she knew or should have known she could not keep that part of the payment. It also upheld OWCP’s…
N.S. and U.S. Postal Service, Main Post Office, Maywood, IL
N.S. (ECAB 15-1955): Herniated disc claim lacked medical causation
N.S. attributed a herniated disc to unloading equipment from a work vehicle. OWCP accepted that the incident occurred. The Board found that his doctors diagnosed back conditions without explaining how the unloading incident caused them. It affirmed the claim denial.
D.E. and Department of the Army, Army Garrison, Fort Shafter, HI
D.E. (ECAB 15-0712): Zero-benefit rehabilitation sanction reversed
OWCP reduced D.E.’s compensation to zero because it found that he had not cooperated with vocational rehabilitation. His treating physician said he could not work, while OWCP’s examining physician said he could return with restrictions. The Board found the medical opinions equally persuasive and in…
J.W. and Department of Homeland Security, Transportation Security Administration, Charleston, SC
J.W. (ECAB 15-0459): Benefits termination and forfeiture upheld; overpayment reduced
J.W. challenged the end of her wage-loss and medical benefits, a forfeiture for unreported book income, and a related overpayment. The Board upheld the termination after finding no continuing disability from the accepted injury. It also found that she knowingly failed to report book income on…
United States Department of the Army, U.S. Army Corps of Engineers, Logistics Activity Center, Millington, Tennessee (Agency) and International Federation of Professional and Technical Engineers, Local 259 (Union/Petitioner)
Army Corps Logistics Activity Center and IFPTE Local 259 (FLRA CH-RP-15-0027): Budget analyst remains in unit
The Army Corps of Engineers argued that its senior budget analyst should be excluded from the bargaining unit because his manpower and budget duties involved nonclerical personnel work and created a conflict of interest. A regional director found that the analyst used judgment on budget matters but…
A.C. and Department of the Navy, Naval Air Systems Command, San Diego, CA
A.C. (ECAB 16-0762): Hearing loss claim lacked work-related causation
A.C. claimed bilateral hearing loss from workplace noise exposure. An examining physician reviewed audiograms and found no significant work-related progression or noise pattern, attributing the loss to age-related changes. The Board found that report persuasive and noted the absence of a contrary…
H.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
H.C. (ECAB 16-0740): Shipfitter hearing loss claim returned for clarification
H.C., a shipfitter, claimed hearing loss from workplace noise. OWCP’s examining physician attributed most hearing loss to Meniere’s disease but also acknowledged an increase during years of employment. The Board found the opinion unclear on whether work noise contributed to or aggravated the loss…
B.J. and Department of the Treasury, Internal Revenue Service, Richmond, VA
B.J. (ECAB 16-0364): Additional knee impairment award denied
B.J. sought an increased schedule award for impairment of both legs. She had already received awards for five percent impairment of each lower extremity. The Board found that the current medical rating did not show greater impairment and that another report did not provide a usable impairment…
T.J. and U.S. Postal Service, Post Office, Baltimore, MD
T.J. (ECAB 16-0325): Multisite injury claim lacked medical causation
T.J., a letter carrier, sought compensation for several left-sided and back conditions after an accepted incident on steps at work. The Board found that her medical evidence did not adequately explain how the incident caused the claimed conditions. It affirmed the denial of the injury claim.
J.M. and Department of Justice, Bureau of Prisons, Federal Medical Center Butner, Butner, NC
J.M. (ECAB 16-0312): Emotional condition claim lacked an established work factor
J.M. claimed an emotional condition caused by workplace management actions and alleged harassment. The Board found no established error or abuse in the management actions and insufficient specific evidence supporting the harassment allegations. Because she had not established a compensable work…
J.H. and Department of Veterans Affairs, Veterans Benefits Administration, St. Louis, MO
J.H. (ECAB 15-1952): Timely reconsideration request returned for proper review
J.H. requested reconsideration exactly one year after OWCP’s April 1, 2013 merit decision. OWCP treated the request as late and applied the more demanding clear-error test. The Board held that the request was timely because it was received on the final day of the one-year period. It set aside the…
Durco Contractors, Inc., formally J.R. Durham d/b/a Durco Contractors, Inc.
Five renovation hazards affirmed for $10,600
During a hotel renovation, employees used nearly dark stairs, worked near exposed energized wires, used an extension cord as fixed wiring, rode on a forklift pallet, and operated forklifts without verified training. Durco stopped participating in the case and did not appear at the hearing, leaving…
Carter v. BNSF Railway Co.
Carter v. BNSF Railway (DOL ARB 2014-0089): Initial relief ruling modified, later vacated
Clyde Carter reported a workplace injury while working for BNSF Railway. An administrative law judge found that BNSF retaliated against him and ordered reinstatement, back pay, punitive damages, and attorney's fees. The Board initially affirmed the violation finding and most of the relief…
P.S. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
P.S. (ECAB 16-0601): Late injury claim and reopening request denied
P.S. filed a claim in 2014 for a back injury he attributed to loading and unloading trucks in November 2010. The Board found that he missed the three-year filing period and had not shown notice of a work injury within 30 days. It also found that his reconsideration request provided no basis for…
K.G. and Department of Commerce, U.S. Census Bureau, Wellington, FL
K.G. (ECAB 16-0553): Social Security offset amount returned for recalculation
K.G. received FECA compensation and Social Security retirement benefits attributable in part to federal service, creating an overpayment. OWCP calculated $10,636.63 and ordered recovery. The Board found two conflicting sets of Social Security offset figures and could not verify the amount. It…
J.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
J.W. (ECAB 16-0432): Fall injury claim lacked physician causation evidence
J.W. reported a fall at work involving his right side, and OWCP accepted that the incident occurred. The Board found that a physician assistant’s reports could not establish medical causation and that a physician’s checked-box form lacked an explanation linking the diagnosed condition to the fall…
E.V. and U.S. Postal Service, Post Office, Edison, NJ
E.V. (ECAB 16-0080): Neck and back claim not reopened
E.V. sought reconsideration of an injury claim involving his neck and back. His attorney expressed disagreement with the denial and resubmitted medical records OWCP had already considered. The Board found no new relevant evidence or legal argument that required merit review. It affirmed the refusal…
P.W. and U.S. Postal Service, Post Office, Arlington, WA
P.W. (ECAB 15-0716): Wage-loss termination reversed over flawed medical opinion
OWCP ended P.W.’s wage-loss compensation after an impartial physician reported that her accepted shoulder injuries no longer caused disability. The Board found that physician’s opinion relied on an inaccurate account of accepted conditions and surgeries OWCP had authorized. His report could not…
D.M. and Department of Veterans Affairs, Veterans Health Administration, Augusta, GA
D.M. (ECAB 15-0504): New medical evidence required merit reopening
D.M. requested reconsideration of the termination of her compensation and medical benefits. She submitted a new physician report supporting continuing effects from the work injury along with a new argument. The Board found that these submissions warranted review of the claim’s merits. It set aside…
David F. Pittman v. New Century Fabricators, Incorporated and American Interstate Insurance Company
Pittman v. New Century Fabricators (BRB 15-0470): third party settlement comparison returned for review
David Pittman injured his neck and back in a fall between offshore vessels and later settled a lawsuit against a third party for $650,000 before attorney fees and expenses. He did not obtain written approval of the settlement from his employer and insurer. An administrative law judge dismissed his…
W.W. and Department of Homeland Security, Citizenship & Immigration Services, Lee’s Summit, MO
W.W. (ECAB 16-0651): Back injury claim lacked medical causation
W.W. sought compensation for a back condition she attributed to an October 2012 work incident. A second opinion physician concluded that the condition was not caused or aggravated by the incident and explained his view using the medical history. The Board gave that opinion greater weight than the…
W.M. and U.S. Postal Service, Post Office, Fort Worth, TX
W.M. (ECAB 16-0599): Back and leg occupational disease claim lacked diagnosis
W.M. attributed lower back, right leg, and right hip symptoms to bending and lifting mail at work. The Board found that she had not provided a qualified physician’s diagnosis of the claimed conditions. Without that medical evidence, it could not establish an occupational disease caused by her…
T.O. and Department of Homeland Security, Federal Air Marshal Service, Orlando, FL
T.O. (ECAB 16-0423): Blood clot claim lacked medical causation
T.O. claimed that prolonged sitting during federal air marshal duties caused right-leg deep vein thrombosis and blood clots. The Board found that his physician’s reports did not explain how the identified work duties caused or aggravated the diagnosed conditions. Diagnostic tests alone did not…
E.C. and Department of Homeland Security, Immigration & Customs Enforcement, Dallas, TX
E.C. (ECAB 16-0413): Shoulder treatment recurrence claim denied
E.C. sought further treatment for left shoulder symptoms after accepted 2011 arm and shoulder sprains. Her physician diagnosed shoulder impingement and requested physical therapy, but did not adequately explain a connection to the accepted sprains. The Board found no supported recurrence of the…
W.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Asheville, NC
W.B. (ECAB 16-0069): Foot injury claim returned for merit review
W.B. claimed that falling bottles injured his right foot while he worked as a vending clerk. OWCP had questioned whether the incident occurred. On reconsideration, he submitted a contemporaneous employee health record describing the incident and a foot contusion. The Board found this new record…
M.L. and U.S. Postal Service, Processing & Distribution Center, West Sacramento, CA
M.L. (ECAB 15-1683): Overpayment upheld with partial fault reversal
M.L. returned to work but received two direct deposits of wage-loss compensation, creating a $3,482.53 overpayment. The Board found he was not at fault for the first erroneous deposit because he could not know its amount before it reached his account. He was at fault for accepting the later deposit…
W.M. and U.S. Postal Service, Post Office, Waldorf, MD
W.M. (ECAB 15-1068): Incomplete termination record returned to OWCP
W.M. appealed a decision ending medical and wage-loss compensation. The copy OWCP sent to the Board omitted pages of the final termination notice, leaving the Board unable to review the decision properly. The Board set it aside and directed OWCP to assemble a complete record and issue a new…
TKO, Inc. dba TKO Custom Homes
Willful stairway violations affirmed after worker fall
A plumbing subcontractor employee fell from an unguarded apartment stairway and suffered serious injuries. TKO stipulated that its worksite had debris, missing bottom treads, and stairways and landings without required rails. The judge found the railing violations willful because the foreman knew…
Shelby M. Clisso v. Elro Coal Company
Shelby Clisso v. Elro Coal (BRB 15-0010R): fee for defending counsel's fee request upheld
Elro Coal and its carrier asked the Benefits Review Board to reconsider a $300 attorney fee awarded to Shelby Clisso's counsel for defending a fee petition. The employer argued that a Supreme Court decision concerning bankruptcy fees barred the award. The Board rejected that argument because the…
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.