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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United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union, Chapter 154 (Union)
Customs and Border Protection and NTEU Chapter 154 (FLRA 0-AR-5150): Attorney-fee award vacated
Customs and Border Protection accidentally skipped a border patrol officer for an overtime shift, and an arbitrator awarded six hours of overtime pay. The arbitrator later awarded about $17,000 in attorney fees because he treated the unjustified personnel action supporting backpay as a prohibited…
Matter of H. ESTRADA
Domestic-violence removability upheld, aggravated-felony ground rejected
The Board reviewed a Guatemalan lawful permanent resident's appeal from an Immigration Judge's findings that he was removable for an aggravated felony and a crime of domestic violence. The Board held that the domestic nature of an offense is assessed using a circumstance-specific inquiry and that…
Secretary of Labor on behalf of Kelly Rawley v. J.L. Sherman Excavation
Secretary of Labor obo Kelly Rawley v. J.L. Sherman Excavation (FMSHRC WEST 2016-467 DM): Economic temporary reinstatement settlement approved
Kelly Rawley alleged that J.L. Sherman Excavation fired or laid him off after he complained about loader brakes and was told not to speak with an MSHA inspector, then failed to recall him when seasonal work resumed. The parties settled the temporary-reinstatement application by economically…
United States Department of the Navy, Naval Surface Warfare Center, Crane Division, Crane, Indiana (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)
Naval Surface Warfare Center Crane and AFGE (FLRA CH-RP-15-0013): Demonstration-project unit petition remanded
AFGE sought to add about 430 nonprofessional demonstration-project employees at the Naval Surface Warfare Center Crane to a unit defined to include wage-grade and general-schedule employees. A regional director rejected accretion because no organizational change had occurred and dismissed an…
L.C. and Department of Labor, Division of Federal Employees’ Compensation, Chicago, IL
L.C. (ECAB 16-0655): Stairway injury claim remanded
L.C., a Department of Labor claims examiner, reported injuring her lower back while hurrying down stairs during a building evacuation. OWCP denied her traumatic injury claim because it found insufficient medical evidence connecting the incident to her disc conditions. Her orthopedic surgeon…
D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Chillicothe, OH
D.B. (ECAB 16-0539): Late reconsideration request rejected
D.B., a Veterans Affairs practical nurse, reported that a patient struck his jaw and later sought compensation for dental treatment. OWCP denied the underlying claim because it found the medical evidence insufficient to link the later treatment to the incident. D.B. sought reconsideration more than…
A.G. and U.S. Postal Service, Post Office, Eagleville, PA
A.G. (ECAB 16-0522): Termination of knee injury benefits affirmed
A.G., a Postal Service letter carrier, injured his left knee at work in 2014, and OWCP accepted a meniscus tear. OWCP ended his wage-loss compensation and medical benefits effective June 10, 2015 after a second opinion physician concluded that his work injury had resolved. The Board found that the…
R.W. and Department of the Air Force, Air National Guard, Latham, NY
R.W. (ECAB 16-0434): Neck injury claim denial affirmed
R.W., an Air National Guard mechanic, said his neck snapped to the side when a vehicle in which he was riding stopped suddenly at work. OWCP accepted that the incident occurred but denied his claim for a neck injury. The Board found that his physician diagnosed several neck conditions without…
L.Q. and U.S. Postal Service, Post Office, Dulles, VA
L.Q. (ECAB 16-0420): Wrist injury benefits termination affirmed
L.Q., a Postal Service rural carrier, injured her right wrist and forearm after falling while delivering a parcel. OWCP accepted two conditions and later ended her wage-loss compensation and medical benefits. The Board found that OWCP’s second opinion physician explained why the accepted conditions…
W.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
W.R. (ECAB 16-0098): Wage-earning capacity question remanded
W.R., a nurse at a Veterans Affairs medical center, had accepted neck and right arm conditions and later worked in an accommodated nursing position. OWCP determined that the position represented her wage-earning capacity. She claimed that duties in the modified position aggravated her conditions…
Paul Simkus; United Airlines, Inc.
Employee asbestos claims dismissed after settlement
OSHA cited United Airlines over asbestos records, cleanup, and training at a company training center. An employee challenged OSHA's findings and abatement plan, while United separately contested the citations. The Secretary and United later settled for $12,000, represented that the cited conditions…
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 on behalf of Jennifer Morreale v. Veris Gold USA, Inc., et al. (FMSHRC WEST 2014-793-DM): Satisfied settlement ended discrimination case
The Secretary brought a Mine Act discrimination complaint on behalf of Jennifer Morreale against Veris Gold and related respondents. Judge David P. Simonton had conditionally approved the parties' joint withdrawal request, with dismissal to follow after the private settlement was fully performed…
Secretary of Labor v. Mach Mining, Inc.
Original ruling superseded after omitting settled-citation totals
This original decision addressed Mach Mining citations involving nonpermissible diesel equipment, methane monitors, mobile-equipment maintenance, an escapeway lifeline, and defective longwall chirp alerts. It affirmed or modified five litigated citations, granted directed verdicts vacating two…
Michigan Army National Guard (Respondent) and Laborers' International Union of North America, Local 2132, AFL-CIO (Charging Party/Union)
Michigan Army National Guard and LIUNA Local 2132 (FLRA CH-CA-14-0475): Private union communications protected
Two dual-status National Guard technicians appealed removal from their civilian jobs with union representation. Before the hearings, a Guard attorney directed that any communication between the union representative and agency employees occur through or in the presence of agency counsel. The…
J.H. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
J.H. (ECAB 16-0621): Hearing loss schedule award denial affirmed
J.H., a retired Puget Sound Naval Shipyard worker, had accepted work-related hearing loss in both ears and sought a schedule award. An OWCP medical adviser applied the prescribed hearing loss formula to a physician’s audiogram and calculated zero percent ratable impairment in each ear. The Board…
J.C. and U.S. Postal Service, Post Office, West Monroe, LA
J.C. (ECAB 16-0600): Late reconsideration denials affirmed
J.C., a Postal Service rural letter carrier, reported a knee injury while moving a mail cart in 2012. OWCP denied the underlying claim for lack of medical evidence connecting the condition to work. Her 2015 requests for reconsideration came more than a year after the merits decision. The Board…
P.A. and Department of Agriculture, Inspection Operations Program, Minneapolis, MN
P.A. (ECAB 16-0407): Compensation termination for refusing suitable work affirmed
P.A., a Department of Agriculture meat inspector, injured his left ankle at work in 2011. His employer later offered him a modified food inspector position. OWCP found that the position fit the restrictions set by his orthopedic surgeon and terminated his compensation after he declined it. The…
D.J. and U.S. Postal Service, Post Office, Shaker Heights, OH
D.J. (ECAB 16-0288): Back condition claim remanded for another opinion
D.J., a Postal Service laborer custodian, claimed that her work duties caused or aggravated several lower back conditions. In an earlier appeal, the Board had directed OWCP to develop the medical record and obtain a specialist’s opinion. The Board found that the specialist’s later reports were…
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Saginaw, MI
C.S. (ECAB 16-0116): Respiratory claim and reconsideration denials affirmed
C.S., a carpenter at a Veterans Affairs medical center, claimed that workplace dust and other exposures caused a respiratory condition. OWCP denied the claim, finding insufficient medical evidence linking the condition to his federal work. The Board agreed that the medical reports did not give a…
J.S. and Department of Health & Human Services, Office of the Secretary, Washington, DC
J.S. (ECAB 15-1807): Intermittent wage-loss denial affirmed
J.S., a Department of Health and Human Services contracting officer, had an accepted aggravation of depressive disorder related to threats and harassment at work. OWCP had allowed some intermittent wage loss in early 2008 but denied compensation for other dates. The Board found that a later…
United States Postal Service
Asbestos item vacated and repeat spider violation affirmed
OSHA cited a Nevada post office over asbestos hazard communication and vermin control, along with several items the Postal Service later stopped contesting. The judge vacated the asbestos item because the Secretary did not prove the cited floor material contained regulated asbestos. The…
Sandra G. McDonald v. George King, Mark Toler, Guardco Security, LLC, and New Trinity Coal, Inc., as successor-in-interest to Frasure Creek Mining, LLC
Sandra G. McDonald v. George King, et al. (FMSHRC WEVA 2014-387 D): Potential successors added before discrimination hearing
Sandra McDonald alleged that security contractors fired her after hardhat and training complaints. She sought to add Guardco Security, which later provided essentially the same mine-security services with the same site supervisor, and New Trinity Coal, which identified itself as Frasure Creek…
Rosenfeld v. Cox Enterprises, Inc.
Rosenfeld v. Cox Enterprises (DOL ARB 2016-0026): Untimely complaint appeal dismissed
William Rosenfeld appealed dismissal of his Sarbanes-Oxley and consumer financial protection whistleblower complaint against Cox Enterprises and other respondents. An administrative law judge found that the complaint was filed late and that Rosenfeld had not shown grounds to extend the deadline…
B.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
B.L. (ECAB 16-0514): Ankle injury claim denial affirmed
B.L., an animal caretaker at a Veterans Affairs medical center, stepped into a hole during work and reported a right ankle injury. OWCP accepted that the incident occurred but denied his traumatic injury claim. The Board found that the physicians diagnosed an ankle sprain but did not give a…
G.M. and U.S. Postal Service, Post Office, Pittsburgh, PA
G.M. (ECAB 16-0395): Arm impairment award remanded for new review
G.M., a Postal Service clerk, had accepted conditions affecting both hands and wrists and had undergone several authorized surgeries. OWCP awarded compensation for seven percent impairment of her left arm and two percent of her right. The Board found that OWCP’s medical adviser had mistaken a…
V.H. and U.S. Postal Service, Post Office, Redmond, WA
V.H. (ECAB 16-0161): Emotional condition claim remanded for accurate work history
V.H., a Postal Service customer service supervisor, claimed an emotional condition related to events at work. The Board had previously directed OWCP to clarify the work factors and develop medical evidence. It found that OWCP’s updated statement placed established incidents involving instructions…
K.T. and Department of Justice, Bureau of Prisons, Ayer, MA
K.T. (ECAB 15-1758): Knee treatment recurrence denial affirmed
K.T., a Bureau of Prisons nurse, had an accepted right knee strain after slipping on ice at work in 2010. She sought additional medical treatment years after being released from care for that strain. The Board found that her physician’s checkmark attributing later knee arthritis to work did not…
L.C. and Department of the Army, Training Doctrine Command, Fort Rucker, AL
L.C. (ECAB 15-1671): Back injury schedule award denial affirmed
L.C., an Army heating and air conditioning mechanic, had accepted lumbar strain and disc herniation and underwent back surgeries. He sought a schedule award for permanent impairment. The Board found no current medical rating of an impaired body part covered by FECA’s schedule. An earlier physician…
J.M. and U.S. Postal Service, Postal Service, Atlanta, GA
J.M. (ECAB 15-1363): Additional shoulder impairment award denied
J.M., a retired Postal Service letter carrier, had accepted conditions in both shoulders and prior schedule awards for 46 percent impairment of her left arm and 22 percent of her right. She sought an additional award based on her physician’s higher calculation. The Board found that his calculation…
American Federation of Government Employees, Local 1415 (Union) and United States Department of the Navy, NAVFAC Engineering Command Midwest, Public Works Department, Crane, Indiana (Agency)
AFGE Local 1415 and PWD Crane (FLRA 0-AR-5115): Differential-pay bargaining remedy upheld
Supervisors at PWD Crane routinely approved environmental differential pay without checking whether regulatory requirements were met. Naval Facilities Engineering Command ended that practice and imposed a new instruction without giving AFGE Local 1415 adequate notice or an opportunity to bargain…
Laurie Williams v. Union Pacific Railroad Company and Brian M. Harris
Williams v. Union Pacific Railroad (DOL ARB 2016-0058): Review petition withdrawn
Laurie Williams appealed an administrative law judge's summary decision in a Federal Rail Safety Act case against Union Pacific Railroad and Brian Harris. The Board accepted her petition and set a briefing schedule. Williams then filed a written notice withdrawing the petition. The Board allowed…
A.M. and Department of Justice, Federal Bureau of Prisons, Mendota, CA
A.M. (ECAB 16-0478): Correctional officer’s injury claim denial affirmed
A.M., a correctional officer, fell while checking a prison fence and reported knee and ankle injuries. OWCP accepted that the incident occurred but denied the new injury claim. The Board found that one physician stated work restrictions without discussing the incident, while another diagnosed knee…
R.A. and U.S. Postal Service, Post Office, Bell, CA
R.A. (ECAB 16-0467): Dual-benefit overpayment and fault findings affirmed
R.A., a Postal Service worker receiving FECA disability compensation, elected federal retirement benefits instead. OWCP found that he had received both types of benefits for May 2014, creating a $3,143.53 overpayment. The Board agreed that the record established the overlapping payments. It also…
K.S. and Department of Homeland Security, Transportation Security Administration, Charlotte-Douglas International Airport, Charlotte, NC
K.S. (ECAB 16-0437): Late reconsideration denial affirmed
K.S., a transportation security officer, had an accepted bilateral knee contusion after a workplace incident and later claimed a recurrence. OWCP denied the recurrence claim. Her request to reconsider that denial arrived more than a year after the last merits decision. The Board found that the…
L.S. and Social Security Administration, SSA Region II, Personnel Office of Management & Budget, New York, NY
L.S. (ECAB 16-0036): Knee injury denial affirmed with workplace incident established
L.S., a Social Security Administration benefit authorizer, said her right leg gave way while she walked toward an elevator at work and she injured her knee while trying to keep her balance. OWCP denied the claim, finding that she had not established the workplace incident or a causal link to the…
J.M. and Department of Justice, Bureau of Prisons, Stockton, CA
J.M. (ECAB 15-1604): Social Security offset overpayment remanded
J.M. received FECA disability compensation and Social Security age-related benefits. OWCP found an overpayment because it treated part of her Social Security benefits as attributable to federal service and subject to an offset. The Board found that the record did not establish that J.M. received or…
J.S. and U.S. Postal Service, Gateway Station, St. Petersburg, FL
J.S. (ECAB 15-0855): Traumatic injury and reconsideration denials affirmed
J.S., a Postal Service city carrier, reported pain and several conditions after delivering mail on November 14, 2012. OWCP accepted that he delivered mail that day but denied a traumatic injury claim because the medical evidence did not connect the diagnoses to a specific incident in that shift…
A.E. and U.S. Postal Service, Post Office, Cleveland, OH
A.E. (ECAB 15-0496): Leg impairment claim remanded for independent examination
A.E., a Postal Service mail processor, had accepted left ankle tendinitis and aggravation of a left heel spur. Physicians gave differing assessments of permanent impairment in her left leg, and an impartial examiner initially rated it at zero percent. A later physician used the same impairment…
L.S. and Department of Veterans Affairs, Veterans Administration Medical Center, San Juan, PR
L.S. (ECAB 16-0603): Late reconsideration denial affirmed
L.S., a Veterans Affairs program support clerk, reported neck, back, and shoulder symptoms after a cabinet door fell on her at work. OWCP accepted that the incident occurred but denied the injury claim because the medical evidence did not establish causation. Her request for reconsideration arrived…
R.T. and U.S. Postal Service, Post Office, Bellmawr, NJ
R.T. (ECAB 16-0543): Continuing foot injury benefits denied
R.T., a Postal Service city carrier assistant, had an accepted left foot condition. OWCP terminated his wage-loss compensation and medical benefits effective October 8, 2014, and an earlier Board decision upheld that termination. In a later request, R.T. claimed ongoing foot symptoms and a related…
S.J. and Department of Labor, Office of Workers’ Compensation Programs, Dallas, TX
S.J. (ECAB 16-0445): Revised wage capacity and zero benefits affirmed
S.J., a Department of Labor claims examiner, had an accepted bilateral carpal tunnel condition and an earlier wage-earning capacity determination based on a receptionist position. She later returned to a full-time claims examiner job with different duties and higher pay. The Board found that her…
J.A. and U.S. Postal Service, Post Office, Milwaukee, WI
J.A. (ECAB 16-0307): Back injury claim denial affirmed
J.A., a Postal Service mail handler, reported lower back pain after lifting a heavy tray to an overhead shelf at work. OWCP accepted that the lifting occurred but denied his traumatic injury claim. The Board found that physicians diagnosed a lumbar strain and recorded his account but did not…
M.T. and Department of Veterans Affairs, Veterans Administration, Northern California Health Care System, Martinez, CA
M.T. (ECAB 16-0296): Denial of increased schedule award affirmed
M.T., a medical support assistant at the Department of Veterans Affairs, sought an increased schedule award for impairment of both arms. OWCP had previously awarded her compensation for 17 percent impairment of the right arm and 11 percent impairment of the left arm. A second opinion physician…
J.M. and U.S. Postal Service, Post Office, Albany, NY
J.M. (ECAB 16-0224): Left knee schedule award claim remanded
J.M., a Postal Service letter carrier, sought a schedule award for permanent left knee impairment after an accepted knee strain. OWCP denied the claim and declined to send his physician’s impairment report to an OWCP medical adviser. The Board found that the report included a current examination…
V.K. and U.S. Postal Service, Madison Square Station, New York, NY
V.K. (ECAB 16-0095): Termination of back injury benefits affirmed
V.K., a Postal Service clerk, received benefits for an accepted aggravation of a lumbar disc condition. OWCP ended her wage-loss compensation and medical benefits effective July 11, 2014. The Board found that a second opinion physician had explained why the accepted condition had resolved, while…
E.M. and U.S. Postal Service, Post Office, Tampa, FL
E.M. (ECAB 15-0096): Right knee impairment claim remanded
E.M., a Postal Service letter carrier, sought a schedule award for permanent impairment from an accepted right knee meniscus tear. OWCP denied the award based on a referral physician’s finding of no ratable impairment. The Board found that the physician had not rated the impairment under the…
United States Department of Defense, Defense Commissary Agency (Agency) and American Federation of Government Employees, Local 0063 (Union)
Defense Commissary Agency and AFGE Local 0063 (FLRA 0-AR-5140): Union office-space remedy upheld
After flooding made AFGE Local 0063's long-standing commissary office unusable, the Defense Commissary Agency moved the union to temporary space and later told it that space would no longer be available. An arbitrator found that the agreement required continued office space, ordered the agency to…
Secretary of Labor v. ACI Tygart Valley
Imminent-danger order reopened after delayed sample results
ACI Tygart Valley did not contest an imminent-danger order within 30 days because it waited for MSHA's bottle-sample results, which arrived after the order had become final and led ACI to believe no imminent danger existed. The Secretary opposed reopening, arguing that the order's reasonableness…
Matter of Eva Isabel GONZALEZ ROMO
Marijuana solicitation is a crime involving moral turpitude
The Board reviewed a Mexican lawful permanent resident's appeal after an Immigration Judge found her inadmissible and ordered her removed when she tried to return to the United States. She had a felony conviction in Arizona for solicitation to possess marijuana for sale. The Board held that, within…
Hamburg Cruise, S.A., International Maritime Organization (IMO) Number: 9138329
In re Hamburg Cruise, S.A., International Maritime Organization (IMO) Number: 9138329 (EAB APPS Appeal No. 16-04C): consent agreement ratified
EPA and Hamburg Cruise, S.A. entered a Consent Agreement concerning the vessel identified by International Maritime Organization number 9138329. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent…
A.T. and Department of Homeland Security, Immigration & Customs Enforcement, San Diego, CA
A.T. (ECAB 16-0738): Denial of increased left arm award affirmed
A.T., a Homeland Security special agent, sought a larger schedule award for permanent impairment of his left arm after a work injury involving a collapsed ladder. OWCP had awarded a total of 15 percent impairment. The Board had previously upheld that rating, and the newer physician reports did not…
T.B. and Social Security Administration, Baltimore, MD
T.B. (ECAB 16-0580): Finding of hearing request abandonment affirmed
T.B., a Social Security Administration administrative assistant, requested a telephone hearing after OWCP denied her request for continuation of pay following a reported knee injury. OWCP mailed a hearing notice to her address of record, but she did not join the call or request postponement or…
D.N. and Department of Transportation, Federal Aviation Administration, Washington, DC
D.N. (ECAB 16-0419): Untimely reconsideration request denied
D.N., a Federal Aviation Administration instructor, sought reconsideration of OWCP’s denial of a claim involving alleged workplace mold exposure. OWCP received her request on February 10, 2015, more than one year after its February 7, 2014 merits decision. The Board found the request untimely. It…
D.A. and U.S. Postal Service, Post Office, Columbus, OH
D.A. (ECAB 16-0408): Knee and shoulder injury claim denial affirmed
D.A., a Postal Service carrier, reported left knee and shoulder conditions after slipping on ice while delivering mail. OWCP accepted that the fall occurred but denied his injury claim because the medical evidence did not establish that it caused the diagnosed conditions. The Board found that one…
P.M. and Social Security Administration, Field Office, Dallas, TX
P.M. (ECAB 16-0382): Compensation suspension for missing form affirmed
P.M., a Social Security Administration service representative receiving compensation for a work injury, was asked to return an EN1032 form reporting employment and activity information. OWCP mailed the form and a warning that benefits would be suspended if she did not respond within 30 days. The…
B.G. and U.S. Postal Service, Post Office, Petaluma, CA
B.G. (ECAB 16-0121): Right elbow injury claim denial affirmed
B.G., a Postal Service mail clerk processor, reported injuring her right elbow in a fall near a mail sorting machine. OWCP denied her claim because it found that she had not established the work incident as alleged. The Board noted differing descriptions of how the fall happened and witness…
Kirtley Roofing and Sheet Metal, LLC
Repeat roof fall violation draws $24,500 penalty
Four Kirtley Roofing employees worked on a low-slope canopy roof with unprotected edges and without an effective fall-protection system. The designated safety monitor performed other tasks, and workers began moving roofing materials before anyone was tied off. The judge also found substantial…
Southern Pan Services Company
Two willful formwork violations affirmed for $125,000
Southern Pan Services Company was the concrete formwork contractor on a six-story parking structure that partially collapsed during a concrete pour. One Southern Pan employee died, another was seriously injured, and more than twenty other workers were injured. After the Commission remanded the…
Michael Wilson v. Jim Browning
Isolated peer confrontation was not Mine Act interference
Retired miner and miners' representative Michael Wilson alleged that fellow miner Jim Browning interfered with his protected review of mine examination books by angrily accusing him of seeking citations, costing miners money, and ordering him to leave. Judge Margaret A. Miller held that the…
D.O. and U.S. Postal Service, Post Office, Corpus Christie, TX
D.O. (ECAB 16-0676): Finding of hearing request abandonment affirmed
D.O., a Postal Service mail carrier, requested a telephone hearing after OWCP denied her injury claim. OWCP mailed notice of the hearing to her address of record, but she did not call in at the scheduled time or request another hearing within 10 days. The Board affirmed the finding that she…
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.