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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L.C. and U.S. Postal Service, Post Office, Eatontown, NJ
L.C. (ECAB 14-1712): Elbow aggravation denied but suitable-work termination reversed
L.C. claimed that postal duties aggravated a left elbow condition, while OWCP also ended her wage-loss benefits for allegedly abandoning suitable work. The Board found the medical evidence insufficient to establish the claimed new aggravation. It reversed the benefit termination because the job…
American Federation of Government Employees, Local 2002 (Union) and United States Department of Homeland Security, Federal Law Enforcement Training Centers, Glynco, Georgia (Agency)
AFGE Local 2002 and Federal Law Enforcement Training Centers (FLRA 0-AR-5169): Premature fee denial struck
The Federal Law Enforcement Training Centers suspended an employee for fourteen calendar days for providing inaccurate information on an employment application. An arbitrator found that penalty unreasonable, reduced it to five working days, and awarded backpay. The union had asked to submit an…
Secretary of Labor v. Knife River Construction
Loaded scraper's brake failure supported imminent-danger order
An MSHA inspector watched a fully loaded scraper fail to stop on a steep grade and continue toward a waste-dump embankment, then ordered it removed from service as an imminent danger. A Commission majority held that substantial evidence supported the Judge's finding that the inspector reasonably…
Administrator, Wage and Hour Division v. Coleman Construction Co.
Administrator v. Coleman Construction (DOL ARB 2015-0002): Back wages and debarment upheld
Coleman Construction worked as a concrete subcontractor on a project covered by federal prevailing wage and overtime rules. A Labor Department judge found that the company paid some concrete finishers as laborers, failed to pay workers for all hours, and omitted required overtime pay. The Board…
C.R. and U.S. Postal Service, Main Post Office, New Bern, NC
C.R. (ECAB 16-0664): Abdominal injury denial upheld after work incident recognized
C.R. reported abdominal pain after positioning a lift at the New Bern post office. The Board found that her prompt report and medical visit established the July 8, 2015 incident, contrary to OWCP’s finding. Her medical submissions did not adequately explain how that incident caused a diagnosed…
G.C. and Smithsonian Institution, Astrophysical Observatory, Cambridge, MA
G.C. (ECAB 16-0449): Receptionist wage-earning capacity reduction upheld
G.C. challenged a reduction in compensation based on his capacity to earn wages as a receptionist. The Board found that the medical evidence supported his ability to perform the selected work and that the position was vocationally suitable. OWCP calculated a 57 percent loss of wage-earning…
T.W. and U.S. Postal Service, Post Office, Philadelphia, PA
T.W. (ECAB 16-0402): Unanswered reconsideration request returned for a reasoned decision
T.W. sought reconsideration of OWCP’s denial of her right leg occupational disease claim. OWCP responded to her later request by referring her to appeal rights attached to an earlier decision. The Board held that this response did not explain why the new reconsideration request was denied or what…
J.Y. and General Services Administration, Public Building Service, Washington, DC
J.Y. (ECAB 16-0332): Sarcoidosis claim barred by filing deadline
J.Y. sought compensation for sarcoidosis allegedly related to work at the General Services Administration. The Board found that he knew or should have known of a possible connection to his employment by June 16, 2004. Because he kept working until September 7, 2004, the Board measured the…
M.H. and Tennessee Valley Authority, CSB MOD SVS, Chattanooga, TN
M.H. (ECAB 16-0228): Hearing loss claim denied for lack of medical causation proof
M.H. claimed bilateral hearing loss from noise exposure during federal employment with the Tennessee Valley Authority. The Board found that the record lacked a reasoned medical opinion connecting the loss to his workplace noise exposure. It held that his belief and the fact of exposure could not…
D.S. and U.S. Postal Service, Post Office, Tampa, FL
D.S. (ECAB 15-1841): Timely reconsideration request returned for correct review standard
D.S. challenged OWCP’s refusal to reopen her postal injury claim. OWCP had treated her request for reconsideration as late and applied the stricter clear evidence of error standard. The Board found that materials submitted within one year of the January 23, 2014 decision constituted a timely…
R.C. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
R.C. (ECAB 15-0581): Total disability claim returned for better medical evidence
R.C., a postal mail processing clerk, sought compensation for total disability after July 26, 2008 from accepted upper extremity conditions. OWCP denied that claim based on a second opinion physician’s report. The Board found that the doctor had not adequately explained his conflicting statements…
Secretary of Labor v. Tunnel Ridge, LLC
Part-time safety-director default reopened over dissent
Tunnel Ridge missed the 30-day deadline to contest a proposed assessment while it had only a part-time safety director and was searching for a replacement. The Secretary urged the operator to improve its process and did not oppose reopening. After considering the request and the Secretary's…
Oak Grove Resources, LLC v. Secretary of Labor
Fatal-accident safeguard case settled for $35,000
After a fatal accident, MSHA cited Oak Grove for violating a transportation safeguard. Earlier Commission proceedings established that the safeguard was valid and violated but rejected the S&S designation, leaving the penalty for remand. The Judge assessed $50,000 after changing his earlier…
T.W. and U.S. Postal Service, Post Office, Pueblo, CO
T.W. (ECAB 16-0727): Lower extremity injury claim denied for missing work and medical proof
T.W., a retired postal carrier, attributed leg pain to his work route. The Board found that he had not identified which leg was injured, a diagnosed condition, or specific job duties that caused the claimed injury. Without those facts and supporting medical evidence, he had not established a…
V.B. and Department of Homeland Security, Customs & Border Patrol, Brownsville, TX
V.B. (ECAB 16-0550): Eight percent left leg schedule award upheld
V.B., a customs and border patrol officer, sought a greater schedule award for her accepted left knee injury. OWCP had awarded compensation for eight percent permanent impairment of her left lower extremity. The Board found that the record did not establish a higher rating and affirmed the award.
J.H. and U.S. Postal Service, Post Office, Houston, TX
J.H. (ECAB 16-0450): Injury denial returned because OWCP overlooked a medical report
J.H. appealed OWCP’s denial of a traumatic injury claim. OWCP said she had supplied no medical diagnosis linked to the work event, but its decision did not address an internist’s report received before the denial. That report described the injury and offered an opinion on causation. The Board…
E.H. and U.S. Postal Service, Post Office, San Antonio, TX
E.H. (ECAB 16-0180): Vocational rehabilitation reduction returned for missing records
E.H. appealed a reduction of her wage-loss benefits to zero after OWCP found that she did not cooperate with vocational rehabilitation. The hearing representative relied on new medical reports when upholding that reduction, but those reports were missing from the record sent to the Board. The Board…
D.H. and U.S. Postal Service, Post Office, Portsmouth, VA
D.H. (ECAB 15-1480): Back condition claim denied for insufficient causation evidence
D.H. claimed that a January 28, 2014 postal work incident caused or aggravated a lower back condition. OWCP accepted that the incident occurred. The Board found that the medical evidence did not adequately establish a causal link between the incident and his claimed back condition. It affirmed both…
J.P. and U.S. Postal Service, Post Office, Swedesboro, NJ
J.P. (ECAB 15-0599): Termination of wage-loss and medical benefits upheld
J.P. had received wage-loss and medical benefits for accepted arm and nerve conditions from postal work. OWCP ended those benefits after a disagreement between medical opinions led to an impartial examination. The Board found the impartial specialist’s reports sufficiently reasoned and supported…
M.C. and U.S. Postal Service, Post Office, Los Angeles, CA
M.C. (ECAB 14-1135): Emotional condition claim returned for medical review
M.C. claimed an emotional condition after an emergency suspension and removal from her postal workplace. The Board majority found sufficient evidence of error or abuse in the suspension and security response to establish compensable work factors. OWCP had not developed medical evidence because it…
J.F. and Department of State, U.S. Embassy Senegal, Washington, DC
J.F. (ECAB 14-0574): Embassy wage-loss calculation returned for missing pay rates
J.F. sought wage-loss compensation for a period following an accepted injury while working at the U.S. Embassy in Senegal. The Board found that OWCP had not established the necessary pay rates and currency conversions to calculate his compensation. It directed OWCP to determine the applicable rate…
Secretary of Labor on behalf of Mindy S. Pepin v. Empire Iron Mining Partnership
Secretary of Labor obo Mindy S. Pepin v. Empire Iron Mining Partnership (FMSHRC LAKE 2015-386 DM): Supervisor's response to anonymous safety complaint was unlawful interference
Mindy Pepin made an anonymous MSHA safety complaint after questioning whether her mine improperly cleared a lightning alert. Her supervisor later accused her of using safety complaints to bottleneck production, identified her as a ringleader, and said management was watching her. Judge David F…
Secretary of Labor v. Mach Mining, Inc.
Mixed 20-citation ruling with $43,280 total penalty
Two dockets contained 20 citations at Mach Mining's underground coal mine. Judge Thomas P. McCarthy approved partial settlements, recognized one citation vacated by the Secretary, granted a directed verdict vacating two chirp-alert citations because section 75.821(a) required periodic testing and…
Z.T. and U.S. Postal Service, Post Office, Beachwood, OH
Z.T. (ECAB 16-0690): Foot injury claim denied for lack of medical causation proof
Z.T., a postal carrier, reported injuring her right foot while walking up stairs at work. The Board accepted that the July 2, 2015 event occurred. It found that the medical evidence did not adequately connect a diagnosed condition to that event. The Board affirmed the claim denial.
J.S. and U.S. Postal Service, Main Post Office, Dallas, TX
J.S. (ECAB 16-0457): Lumbar condition recurrence claim denied
J.S. sought treatment for a claimed recurrence of her accepted 2001 lumbar strain. She reported worsening symptoms in January 2015. The Board found that her medical submissions did not establish that the later condition was causally related to the earlier accepted strain. It affirmed OWCP’s denial.
K.W. and U.S. Postal Service, Post Office, Philadelphia, PA
K.W. (ECAB 16-0428): Claim for increased right leg impairment denied
K.W. sought a greater permanent impairment rating for her right lower extremity. She did not contest the left lower extremity determination. The Board reviewed the medical impairment evidence and found that it did not establish an increase in the right leg rating. It affirmed OWCP’s decision.
N.M. and Department of the Army, Watervliet Arsenal, Watervliet, NY
N.M. (ECAB 16-0403): Occupational disease denial upheld despite established work duties
N.M., an Army arsenal machinist, attributed lower extremity conditions to strenuous and repetitive job tasks. The Board found that the described tasks had occurred, contrary to OWCP’s finding about work factors. It nevertheless held that the medical evidence did not adequately link a diagnosed…
Consolidated Barricades, Inc.
Three-year-late contest dismissed with prejudice
Consolidated Barricades received two serious citation items in December 2012 but did not contest them until November 2015. The company disputed the underlying PPE and forklift allegations but gave no explanation for missing the 15-working-day deadline. The judge found no excusable neglect or other…
A.P. and U.S. Postal Service, Post Office, Chicago, IL
A.P. (ECAB 15-0586): Concurrent benefits overpayment and fault findings upheld
A.P. challenged OWCP’s finding that he received both FECA wage-loss benefits and federal retirement benefits for the same period. The Board found a $3,366.84 overpayment for February 1 through March 9, 2013. It also found that he was at fault in creating the overpayment and therefore ineligible for…
Q.T. and U.S. Postal Service, Post Office, Covina, CA
Q.T. (ECAB 14-1775): Dog bite incident recognized but injury claim denied
Q.T. reported a dog bite to his right calf during postal work on April 5, 2014. OWCP had found that the incident itself was unproven. The Board found enough evidence to establish that it occurred, but found insufficient medical proof of a compensable injury. It left the claim denial in place with…
Savoy Energy, L.P.
In re Savoy Energy, L.P. (EAB UIC Appeal No. 16-03): petitions dismissed for voluntary permit remand
EPA Region 5 issued Savoy Energy, L.P. a Class II Underground Injection Control permit for fluids produced with oil and gas production. Three parties petitioned the Environmental Appeals Board to review the permit. Region 5 asked to withdraw and re-notice the permit after acknowledging that it had…
Savoy Energy, L.P.
In re Savoy Energy, L.P. (EAB UIC Appeal No. 16-02): petitions dismissed for voluntary permit remand
EPA Region 5 issued Savoy Energy, L.P. a Class II Underground Injection Control permit for fluids produced with oil and gas production. Three parties petitioned the Environmental Appeals Board to review the permit. Region 5 asked to withdraw and re-notice the permit after acknowledging that it had…
Savoy Energy, L.P.
In re Savoy Energy, L.P. (EAB UIC Appeal Nos. 16-01 to 16-03): Petitions dismissed after voluntary remand
EPA Region 5 issued Savoy Energy, L.P. a Class II Underground Injection Control permit for fluids produced with oil and gas production. Raisin Charter Township, the River Raisin Watershed Council, and Summerville Township filed three petitions for review. Region 5 acknowledged that it had not fully…
Secretary of Labor v. Oak Grove Resources, LLC and Donny Bienia
Runaway supply cars supported safeguard and personal liability
Foreman Donny Bienia used a scoop-mounted winch and cable to move supply cars on sloped track despite a mine-specific safeguard requiring approved equipment such as track motors. A side rail weld failed, three cars ran uncontrolled for about 3,900 feet, and a miner had to take refuge on a spur…
P.S. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
P.S. (ECAB 16-0683): Back condition claim denied for lack of causation proof
P.S., a postal mail handler, attributed a back condition to repeated heavy lifting while loading and unloading trucks. The Board found that his medical submissions did not adequately explain how those duties caused a diagnosed condition. It affirmed OWCP’s denial of the occupational disease claim.
R.R. and Department of the Navy, Military Sealift Command, Norfolk, VA
R.R. (ECAB 16-0606): Back injury claim denied for insufficient medical explanation
R.R. reported a back injury after a November 23, 2014 employment incident with the Military Sealift Command. The Board accepted that the event occurred but found that the medical reports did not adequately explain how it caused a back condition. It affirmed OWCP’s denial.
J.S. and Department of Agriculture, Food Safety & Inspection Service, Huntington, NY
J.S. (ECAB 16-0472): Additional conditions and disability recurrence denied
J.S., a food safety inspector, sought acceptance of additional work-related conditions and compensation for a later recurrence of disability. The Board found the evidence insufficient to connect the additional conditions to federal work. It also found that he had not established disability…
M.D. and Department of Homeland Security, Immigration & Customs Enforcement, New York, NY
M.D. (ECAB 16-0207): Schedule award claim returned for an independent impairment rating
M.D. sought an additional schedule award for impairment of both lower extremities. Her treating physicians disagreed about the degree of impairment, and an OWCP medical adviser chose one opinion over the other. The Board held that the adviser could not resolve the credibility dispute that way. It…
N.C. and Department of the Navy, Military Sealift Command, Norfolk, VA
N.C. (ECAB 15-1855): Termination of wage-loss and medical benefits reversed
N.C., an able seaman, received benefits for accepted spine and chest injuries. OWCP terminated his wage-loss and medical benefits after impartial medical examinations. The Board found that one examiner disregarded several accepted conditions and that another report did not sufficiently address…
T.C. and General Services Administration, Burlington, NJ
T.C. (ECAB 15-1074): Denial of recurrence claim affirmed
T.C., a General Services Administration materials handler, had an accepted lumbar sprain from lifting boxes in 2002. He later worked for a private employer and claimed a recurrence of total disability beginning June 9, 2012. OWCP denied the recurrence claim and declined to change that result on…
Secretary of Labor on behalf of Jacob Hamilton v. American Mining and Tunneling, LLC
Secretary of Labor obo Jacob Hamilton v. American Mining and Tunneling, LLC (FMSHRC WEST 2016-326 DM): Late rebuttal safety expert allowed before hearing
The Secretary disclosed MSHA safety specialist Steven Rogers as a rebuttal expert about the safety of Jacob Hamilton's actions roughly three weeks before the discrimination hearing. American Mining and Tunneling objected that the late notice left too little time for deposition and preparation…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Bankruptcy issue denied interlocutory certification
Jerritt Canyon Gold sought immediate Commission review of the ruling adding it as a respondent to Daniel Lowe's discrimination case, arguing that Canadian and U.S. bankruptcy orders barred the proceeding and successor liability. Judge William B. Moran denied certification because he did not find…
D.W. and Department of Labor, Mine Safety and Health Administration, Franklin, TN
D.W. (ECAB 16-0722): Reconsideration denial set aside for merit review
D.W., a mine safety inspector, reported that he slipped and fell from equipment during an October 2014 inspection. OWCP denied his injury claim for lack of medical evidence linking his conditions to the fall. He requested reconsideration with a new report from an orthopedic physician who described…
M.W. and U.S. Postal Service, Post Office, Bellmawr, NJ
M.W. (ECAB 16-0602): Denial of claimed back injury affirmed
M.W., a postal clerk, claimed that lifting mail trays and pushing a container in March 2013 caused a herniated disc and other low back conditions. OWCP accepted that she performed those work activities but denied the injury claim because the medical evidence did not link them to a diagnosed…
J.E. and Department of Homeland Security, Customs and Border Patrol, Chula Vista, CA
J.E. (ECAB 16-0560): Occupational disease denial affirmed
J.E., a border patrol agent on temporary duty in Texas, reported nausea and breathing problems while lying under a ventilation exhaust fan. OWCP denied his occupational disease claim. The Board affirmed because the medical reports did not explain a causal link between a diagnosed condition and his…
J.J. and Department of Homeland Security, Transportation Security Administration, Chicago, IL
J.J. (ECAB 16-0555): Refusal to reopen back injury claim affirmed
J.J., a transportation security officer, reported back pain after lifting a passenger’s bag in July 2012. OWCP denied her injury claim because the medical evidence did not establish that the work incident caused the diagnosed conditions. She later sought reconsideration with a new report from a…
I.T. and U.S. Postal Service, Post Office, San Antonio, TX
I.T. (ECAB 15-1731): Separate elbow condition claim denied
I.T., a rural mail carrier with a previously accepted carpal tunnel claim, separately sought benefits for pain and tendinitis in both elbows. She attributed the elbow condition to sorting, carrying, and delivering mail. OWCP denied the new claim, and the Board affirmed because she did not provide…
P.O. and Department of Homeland Security, Immigration and Customs Enforcement, San Francisco, CA
P.O. (ECAB 15-1631): Arm impairment awards set aside for new rating
P.O., a retired federal special agent, sought schedule awards for lasting effects of accepted neck and left elbow injuries. OWCP awarded one percent permanent impairment to each arm after an impartial physician used the fifth edition of the A.M.A. Guides to rate whole person impairment and a…
United States Department of Homeland Security, U.S. Customs and Border Protection and American Federation of Government Employees, National Border Patrol Council, Local 3307
CBP and AFGE Local 3307 (FLRA 0-AR-5120): Agency objections to delayed discipline award rejected
CBP assigned a Border Patrol agent to administrative duties after a use-of-force incident and had not told him whether it would propose discipline about a year later. An arbitrator found that the parties' agreement required notice at the earliest practicable date and ordered CBP to make the agent…
Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc., Jerritt Canyon Gold, LLC, Whitebox Management, and Eric Sprott
Secretary of Labor obo Jennifer Morreale v. Veris Gold USA, Inc., et al. (FMSHRC WEST 2014-793 DM): Satisfied private settlement ended discrimination case
The Secretary brought a Mine Act discrimination complaint on behalf of Jennifer Morreale against Veris Gold and related respondents. The parties reached a private settlement, and the Judge conditionally approved withdrawal pending confirmation that its terms had been completed. After both the…
Johnson v. BNSF Railway Co.
Johnson v. BNSF Railway (DOL ARB 2014-0083): Retaliation complaint dismissal affirmed
Randal Johnson, a BNSF locomotive engineer, claimed the railroad retaliated after he requested medical attention at work. An administrative law judge dismissed his Federal Railroad Safety Act complaint after a hearing. The Board held that substantial evidence supported the judge's finding that BNSF…
Administrator, Wage and Hour Division v. Aleutian Capital Partners, LLC
Administrator v. Aleutian Capital Partners (DOL ARB 2014-0082): H-1B wage ruling affirmed
Aleutian Capital Partners employed Shakir Gangjee and Minh Horn under the H-1B program. The Wage and Hour Division found months when the company paid each worker less than the required pro rata monthly salary. An administrative law judge granted summary decision for the Division. The Board…
E.B. and Department of Justice, Federal Bureau of Prisons, Morgantown, WV
E.B. (ECAB 16-0746): Reconsideration refusal set aside for correct standard
E.B., a former Bureau of Prisons cook foreman, sought benefits for post-traumatic stress disorder that he attributed to his federal employment. OWCP had denied the occupational disease claim as filed too late. When E.B. sought reconsideration years later, OWCP evaluated his request as though it…
P.L. and Department of Homeland Security, Customs and Border Patrol, Washington, DC
P.L. (ECAB 16-0612): Arm injury claim remanded for medical translation
P.L., a customs and border patrol employee, reported a left arm fracture after a government vehicle moved while he was retracting its mirror. OWCP accepted that the incident occurred at work but denied the claim, finding the medical evidence inadequate to link the fracture to it. After the initial…
V.S. and Department of Defense, Defense Logistic Agency, Tracy, CA
V.S. (ECAB 16-0464): Schedule award denial affirmed
V.S., a Defense Logistic Agency materials handler, injured his back when a forklift he was operating hit a pothole in 2003. OWCP accepted a lumbar strain. He later sought a schedule award for permanent impairment of both legs. His physician rated each leg at 21 percent impairment, but the Board…
B.B. and U.S. Postal Service, Post Office, Brooklyn, NY
B.B. (ECAB 16-0304): Postal worker’s injury claim denial affirmed
B.B., a Postal Service mail processing clerk, reported pain in her left arm, shoulder, and chest after lifting heavy mail trays on August 23, 2014. OWCP accepted that the lifting incident occurred but denied her traumatic injury claim. The Board found that the medical reports did not adequately…
M.B. and U.S. Postal Service, Post Office, Miami, FL
M.B. (ECAB 16-0077): Back disability recurrence denial affirmed
M.B., a Postal Service automation clerk, injured his lower back while bending to pick up a mail tray in 2012. OWCP accepted a lumbar sprain. He later claimed a recurrence of total disability beginning October 24, 2013 and asked OWCP to recognize a disc herniation as part of the injury. The Board…
J.D. and Department of Veterans Affairs, Albany Veterans Hospital, Albany, NY
J.D. (ECAB 16-0064): Nurse’s recurrence claim denial affirmed
J.D., a nurse at the Albany Veterans Hospital, twisted her back after slipping on debris in an elevator in April 2014. OWCP accepted a back and lumbar sprain. She stopped working in August 2014 and claimed a recurrence of total disability from the accepted injury. The Board found that the medical…
P.P. and Department of the Army, Army Corps of Engineers, Sacramento, CA
P.P. (ECAB 15-0522): Workplace fall claim remanded
P.P., an Army Corps of Engineers environmental engineer, fell while entering a restroom at work and fractured his right hip. OWCP denied his traumatic injury claim, treating the fall as caused by his preexisting Parkinson’s disease. The Board found that the fall occurred during the workday on the…
Secretary of Labor v. Kentucky Fuel Corporation
Four excavator defects upheld but unwarrantable failure rejected
MSHA cited a Cat 329 excavator for nine alleged unsafe conditions and for an inadequate pre-operational examination, designating both orders unwarrantable failures and specially assessing substantial penalties. Judge William B. Moran found only four unsafe conditions supported: an insecure deck…
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.