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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T.M. and U.S. Postal Service, Post Office, Melville, NY
T.M. (ECAB 16-0065): Termination of postal carrier's benefits reversed
T.M., a Postal Service city carrier, had facial and orbital injuries from a fall at work. OWCP ended his benefits after he declined a modified city carrier job. Its second opinion physician said his double vision prevented him from driving a mail truck, but the job offer described casing and…
D.K. and Department of the Navy, Naval Facilities Engineering Command-Centers, Dahlgren, VA
D.K. (ECAB 15-1769): Reconsideration denial returned for adequate explanation
D.K., a Navy inspector with an accepted left knee injury, sought an increased schedule award after an earlier award for 26 percent permanent left leg impairment. OWCP denied further merit review of his request but discussed only whether he had identified a legal error. The Board found that OWCP had…
D.M. and U.S. Postal Service, Post Office, Birmingham, AL
D.M. (ECAB 15-1508): Leave claim split between appointments and other absences
D.M., a Postal Service clerk, sought reimbursement for leave used during intermittent absences after an accepted left shoulder injury. The Board found inadequate medical evidence tying most of the claimed dates to disability from the injury. It found, however, that records showed treatment for the…
K.L. and Architect of the Capitol, Washington, DC
K.L. (ECAB 15-1504): Office work injury claim denied for lack of causation evidence
K.L., an Architect of the Capitol human resources specialist, attributed neck, shoulder, and hand conditions to repetitive bending, lifting, and other office duties. OWCP accepted that the described work activities occurred and that she had diagnosed conditions. The Board found that her surgeon’s…
C.C. and U.S. Postal Service, Distribution & Processing Center, Atlanta, GA
C.C. (ECAB 15-1056): Bipolar disorder not added to accepted injury claim
C.C., a Postal Service mail handler, had accepted left leg and tendon conditions after a 2011 work injury. She sought to add an aggravation of preexisting bipolar disorder type II as a consequential condition. Her psychiatrist attributed a decline in mood to the injury, surgery, and inability to…
Antilles Consolidated Education Association (Union) and United States Department of Defense, Domestic Dependent Elementary and Secondary Schools, Fort Buchanan, Puerto Rico (Agency)
Antilles Consolidated Education Association and DoD schools (FLRA 0-AR-5157): Part-time teaching offer upheld
Declining enrollment led the Defense Department school system in Puerto Rico to eliminate several full-time-equivalent positions through a reduction in force. The agency abolished a full-time Spanish teacher position after eliminating half of its funding and offered the displaced teacher a…
Gina Hacking v. Staker & Parson Companies
Discrimination complaint dismissed after 31-month delay
Gina Hacking filed her Mine Act discrimination complaint with MSHA more than two years and nine months after Staker & Parson terminated her employment. Judge David P. Simonton held that the 60-day filing period is not jurisdictional and may be extended for justifiable circumstances, but Hacking's…
S.D. and Department of Labor, Office of Workers’ Compensation Programs, Washington, DC
S.D. (ECAB 16-0301): Cardiac episode claim denied for lack of medical causation
S.D., a Department of Labor claims examiner, experienced chest symptoms after an angry telephone call with a claimant and was diagnosed with atrial fibrillation that evening. OWCP accepted that the call occurred as she described. Her cardiologist suggested that stress and increased adrenaline…
T.C. and U.S. Postal Service, Post Office, New York, NY
T.C. (ECAB 16-0269): Leg impairment claim returned for proper rating
T.C., a Postal Service mail handler, had received a schedule award for 17 percent permanent left leg impairment after an accepted foot and ankle injury. He sought an increase supported by his physician’s 72 percent rating. The Board found that her report did not adequately explain how she applied…
M.A. and U.S. Postal Service, Post Office, Palatine, IL
M.A. (ECAB 16-0227): Shoulder injury claim denied for lack of medical explanation
M.A., a Postal Service employee, reported shoulder pain after lifting heavy tubs of mail on July 25, 2015. OWCP accepted that the lifting incident occurred, but denied her claim for a right shoulder condition. Her physicians diagnosed strains and a rotator cuff tear, yet did not explain how the…
D.I. and U.S. Postal Service, Post Office, San Antonio, TX
D.I. (ECAB 16-0178): Left heel injury claim denied for insufficient medical evidence
D.I., a Postal Service letter carrier, said a coworker's mail hamper struck his left heel at work. OWCP accepted that the January 10, 2015 incident occurred but denied his claim for a left foot condition. His physician diagnosed a bone contusion and described blunt force trauma, but the Board found…
R.H. and Department of Defense, Education Activity, Fort Rucker Primary School, Fort Rucker, AL
R.H. (ECAB 16-0140): Claimed aggravation of back conditions denied
R.H., a Department of Defense automation clerk, claimed that his work duties aggravated previously accepted lumbar conditions. OWCP accepted that he performed telephone, data entry, and clerical tasks, but denied the new claim. Two physicians said the duties worsened his pain, yet neither explained…
R.B. and U.S. Postal Service, Post Office, Chicago, IL
R.B. (ECAB 16-0010): Termination of injury benefits affirmed
R.B., a Postal Service letter carrier, had an accepted left ankle sprain and consequential right tibial tendinitis from a 1990 work injury. OWCP ended her wage-loss and medical benefits after an impartial physician found the accepted conditions had resolved. The Board found that his opinion…
J.B. and Department of Agriculture, Food Safety & Inspection Service, Shelbyville, TN
J.B. (ECAB 15-1817): Wage-loss claim for a limited period denied
J.B., a Department of Agriculture food inspector, had accepted knee and other injuries from a June 2012 work incident. She sought wage-loss compensation for May 4 through July 29, 2014. Her physician described her pain, restrictions, and planned surgery, but did not adequately explain why the…
S.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
S.H. (ECAB 15-1693): Delayed reconsideration denial reversed
S.H., a Postal Service employee, asked OWCP to reconsider its denial of an expanded injury claim. OWCP received her request while she still had time to appeal the merits, but waited until after that appeal period expired to deny reconsideration. The Board held that the delay jeopardized her right…
D.O. and Department of the Army, Corps of Engineers, Reservoir Regulation & Water Quality Section, Portland, OR
D.O. (ECAB 15-0957): Wage capacity dispute returned for impartial medical opinion
D.O., an Army Corps of Engineers employee, challenged OWCP's assessment of her earning capacity based on work as an information clerk. Her treating physician said she could not perform that job, while OWCP's second opinion physician said she could. The Board found an unresolved conflict between…
Secretary of Labor v. Amfire Mining Co., LLC
SCSR and roof-control citations affirmed
MSHA cited Amfire after finding three self-contained self-rescuers on a mantrip with pressure readings below the manufacturer's acceptable range and an area where the approved roof-control plan required rib bolts that were absent. Judge John Kent Lewis held that the low-pressure SCSRs were not…
Scott D. McGlothlin v. Dominion Coal Corporation
Agreed attorney-fee settlement approved
After Scott McGlothlin prevailed on his discrimination complaint, the parties agreed on relief that included a stipulated amount of attorney fees. The judge approved the back-pay terms but rejected the agreed fee amount and awarded about 35 percent less. The Commission held that judges may review…
Dietz v. Cypress Semiconductor Corp.
Dietz v. Cypress Semiconductor (DOL ARB 15-017): Whistleblower relief affirmed
Timothy Dietz challenged a mandatory bonus plan that deducted part of some employees' pay at Cypress Semiconductor. A Labor Department judge found that Dietz's complaints included concerns about federal mail or wire fraud, and that Cypress retaliated with a disciplinary memo and actions that led…
Conrad Yelvington Distributors, Inc.
Rail-yard general duty citation affirmed
Conrad Yelvington Distributors operated an aggregate train through a commuter-rail construction site where a derail device had been placed on the track. The train struck the device and overturned, fatally injuring the conductor. OSHA cited the company under the general duty clause for failing to…
Matter of Nejat Ibrahim RUZKU, Beneficiary of a visa petition filed by Abdalla Ibrahim Ruzku
Matter of Nejat Ibrahim RUZKU (BIA ID 3860): sibling DNA evidence must be considered
The Board reviewed the denial of a visa petition seeking preference status for the beneficiary as the petitioner's sister. The petitioner submitted delayed birth certificates, a family photograph, an affidavit, and direct sibling-to-sibling DNA testing showing a 99.8114 percent probability of a…
Griffin v. First Student, Inc.
Early appeal dismissed after no response to Board order
LaTonya Griffin sought Board review of an administrative law judge's ruling that denied motions for summary decision in her Surface Transportation Assistance Act whistleblower case. The judge had not held a hearing or issued a final merits decision. The Board explained that it usually accepts…
Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (US) LLC
In re Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (EAB APPS Appeal No. 16-03C): consent agreement ratified
Great Enterprise Company Limited, Eastern Mediterranean Maritime Limited, and Phoenix Bulk Carriers (US) LLC entered a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The…
J.B. and U.S. Postal Service, Post Office, New York, NY
J.B. (ECAB 16-0320): Refusal to reopen arm injury claim affirmed
J.B., a Postal Service letter carrier, sought reconsideration after OWCP denied her right arm injury claim. She submitted a physical therapist's report and copies of medical records already considered. The Board held that the therapist's report was not competent medical evidence under FECA and that…
L.W. and Department of the Army, Red River Army Depot, Texarkana, TX
L.W. (ECAB 16-0282): Hearing loss schedule award affirmed
L.W., an Army depot toolmaking inspector, sought a larger award for work-related hearing loss. OWCP awarded compensation for 17 percent hearing impairment in his left ear. The Board found no ratable loss in his right ear and calculated a three percent loss in both ears combined, which would yield a…
C.N. and Department of Justice, Federal Correctional Institute, Fort Dix, NJ
C.N. (ECAB 15-1019): Termination of ankle injury benefits affirmed
C.N., a federal correctional institute accounting technician, had an accepted left ankle injury from 2005. After a prior appeal found a conflict in the medical evidence, OWCP obtained an impartial examination and ended her compensation and medical benefits. The impartial physician explained why her…
J.N. and Department of Veterans Affairs, Office of Information & Technology, Philadelphia, PA
J.N. (ECAB 15-0574): Additional leg impairment award denied
J.N., a Department of Veterans Affairs computer specialist, sought an increased schedule award after an accepted lumbar disc injury. An October 2012 physician report rated his left leg impairment at 11 percent. OWCP later awarded three percent. The Board found that physician's findings inconsistent…
Deseret Power Electric Cooperative Bonanza Power Plant
In re Deseret Power Electric Cooperative Bonanza Power Plant (EAB CAA Appeal Nos. 15-01 and 15-02): petitions dismissed after settlement
WildEarth Guardians and the Sierra Club petitioned the Environmental Appeals Board for review of the Title V permit for Deseret Power Electric Cooperative's Bonanza Power Plant. On March 23, 2016, both petitioners moved to dismiss their petitions with prejudice. They stated that the parties had…
G.B. and Department of the Navy, Pearl Harbor Naval Shipyard, Honolulu, HI
G.B. (ECAB 16-0300): Hearing loss did not qualify for a schedule award
G.B., a Navy shipyard welder supervisor, sought a schedule award for bilateral hearing loss and tinnitus. An OWCP second-opinion physician diagnosed noise-induced hearing loss, but the audiometric results produced zero percent ratable impairment under the applicable method. The Board affirmed the…
D.W. and Department of Agriculture, U.S. Forest Service, Albuquerque, NM
D.W. (ECAB 16-0226): Thigh injury claim and reconsideration denial affirmed
D.W., a Forest Service equipment operator, reported hurting his right thigh while climbing into a pickup truck at work. OWCP denied the claim because the medical reports did not adequately explain how that action caused the diagnosed condition, particularly in light of another report's description…
E.L. and Department of the Army, U.S. Army Reserves, Fort McCoy, WI
E.L. (ECAB 15-0763): Wage-loss reduction reversed for premature capacity finding
E.L., an Army Reserves employee, began a limited-duty tools and parts attendant position in October 2014. OWCP used the wages from that position to reduce his compensation to zero in December. The Board found that the job did not become effective until October 19, so the record did not establish…
S.Z. and U.S. Postal Service, Post Office, Portland, ME
S.Z. (ECAB 15-0652): Refusal to reopen back condition claim affirmed
S.Z., a Postal Service mail handler, claimed that work activity caused a back condition. OWCP denied the claim because the medical evidence did not explain how his duties caused the diagnosed condition. He later sought reconsideration with another report from his chiropractor. The Board held that…
R.T. and Department of Justice, U.S. Marshals Service, New York, NY
R.T. (ECAB 15-0438): Termination of wage-loss compensation affirmed
R.T., a deputy U.S. marshal, received compensation for accepted low back conditions. OWCP ended her wage-loss payments after a second opinion physician concluded she could return to full-time marshal duties without restrictions. The Board found his examination and review of her job duties…
American Federation of Government Employees, Local 342 (Union) and United States Department of Veterans Affairs, Medical Center, Wilmington, Delaware (Agency)
AFGE Local 342 and Wilmington VA Medical Center (FLRA 0-AR-5143): Travel reimbursement carries no Back Pay Act fees
The Wilmington VA hired a nurse and required him to attend a ten-day orientation about eighty-six miles away but refused to reimburse lodging, meals, and mileage. An arbitrator found a contract violation, ordered reimbursement of the per diem and travel expenses, and denied the union's request for…
Social Security Administration (Agency) and American Federation of Government Employees, Local 3937 (Union)
Social Security Administration and AFGE Local 3937 (FLRA 0-AR-5130): Performance-rating award remanded
The Social Security Administration rated an employee at the middle level for interpersonal skills while rating her at the highest level in three other elements. An arbitrator found that the supervisor did not provide requested guidance on reaching the highest rating, called the appraisal flawed…
C.H. and U.S. Postal Service, Post Office, San Jose, CA
C.H. (ECAB 16-0263): Shoulder impairment award denied
C.H., a Postal Service rural carrier, had an accepted right shoulder impingement condition and sought a schedule award. His physician's work capacity form discussed restrictions but did not state whether the condition caused permanent impairment or whether he had reached maximum medical…
D.G. and U.S. Postal Service, Post Office, Greensboro, NC
D.G. (ECAB 16-0221): Five percent arm impairment award affirmed
D.G., a Postal Service mail carrier, had an accepted left shoulder condition and surgery for a rotator cuff tear. Her physician rated her arm impairment at 10 percent but did not explain his calculation under the applicable impairment guide. OWCP's medical adviser supported a five percent rating…
A.R. and Department of the Air Force, Air Education & Training Command, Randolph Air Force Base, TX
A.R. (ECAB 16-0076): Knee injury claim denied for lack of medical explanation
A.R., an Air Force aircraft attendant, reported landing on his right knee at work. OWCP accepted that the February 1, 2015 incident occurred but denied his injury claim. A physician diagnosed right kneecap subluxation and checked a box indicating that the reported history was consistent, without…
R.R. and U.S. Postal Service, Post Office, Trenton, NJ
R.R. (ECAB 15-0913): Leg impairment schedule award denied
R.R., a Postal Service custodian, had an accepted lower back strain from lifting garbage bags in 1998. He later sought a schedule award based on a physician's 22 percent rating of his right leg. That rating relied on additional spinal and nerve conditions OWCP had not accepted. The Board affirmed…
L.S. and U.S. Postal Service, Post Office, Brooklyn, NY
L.S. (ECAB 15-0698): Foot injury denial and late hearing refusal affirmed
L.S., a Postal Service carrier, reported right foot pain after walking and using steps at work. The Board found his account too vague to establish the particular incident claimed as a traumatic injury. He also requested an oral hearing more than 30 days after OWCP's denial, and OWCP declined to…
Croce Builders Inc.
Contest dismissed after repeated failure to answer
OSHA issued Croce Builders five serious citation items and one other-than-serious item, proposing $32,800 in total penalties. The company filed a timely contest but did not answer the Secretary's complaint. The judge issued two show-cause orders, and court staff also warned the owner by telephone…
L.J. and Peace Corps, Volunteer Services, Washington, DC
L.J. (ECAB 15-0188): Additional wage-loss periods not supported by medical evidence
L.J., a Peace Corps volunteer in Namibia, sought additional wage-loss compensation during pregnancy. OWCP had accepted the condition and paid for documented hospitalization periods. The treating physician's report did not establish that she was unable to perform her volunteer duties on the other…
J.W. and U.S. Postal Service, Post Office, Los Angeles, CA
J.W. (ECAB 14-1011): Refusal to reopen finger injury claim affirmed
J.W., a Postal Service letter carrier, reported cutting his right ring finger on a mailbox while delivering mail. He later developed a severe infection and underwent finger amputation. OWCP had denied the claim, and this appeal concerned only whether his reconsideration request warranted a new…
Secretary of Labor v. Consol Pennsylvania Coal Company LLC
Hoist violations and settlement resolved for $10,500
A newly commissioned slope hoist struck its sheave wheel after its automatic stopping systems failed, and Consol did not promptly report the accident or record required daily hoist examinations. Judge John Kent Lewis affirmed a high-negligence reporting citation, a low-negligence automatic-stop…
Kirk v. Rooney Trucking Inc.
Reconsideration denied after settlement
Donny Kirk claimed that Rooney Trucking retaliated against him under the Surface Transportation Assistance Act. An administrative law judge ruled for Kirk, and the Board affirmed that ruling in November 2015. After the parties signed a settlement agreement, Rooney Trucking asked the Board to…
M.O. and Department of Homeland Security, Immigration & Customs Enforcement, Burlington, MA
M.O. (ECAB 16-0303): Six percent shoulder impairment award affirmed
M.O., a Homeland Security immigration enforcement agent, tore his right rotator cuff during a workout session at work. OWCP accepted the injury and awarded compensation for six percent permanent impairment of his right arm. The Board found that OWCP's medical adviser applied the impairment guide to…
L.M. and U.S. Postal Service, Post Office, Brooklyn, NY
L.M. (ECAB 16-0188): Head injury claim denied for insufficient causal evidence
L.M., a Postal Service mail handler, was struck on the back of the head by a postal container at work. OWCP accepted that the February 3, 2015 incident occurred but denied the claim for head and brain conditions. Physicians diagnosed postconcussion syndrome, vertigo, and headaches, yet the Board…
L.B. and Department of Labor, Office of Workers’ Compensation Programs, Jacksonville, FL
L.B. (ECAB 16-0092): Knee surgery request and consequential injury claim denied
L.B., a Labor Department claims examiner, had an accepted aggravation of left knee osteoarthritis from twisting her knee at work. She sought approval for a left knee replacement and claimed that the injury led to a right knee condition. The Board found no sufficiently reasoned medical explanation…
R.U. and U.S. Postal Service, Post Office, Shelby Township, MI
R.U. (ECAB 16-0027): Insurance premium overpayment returned for calculation
R.U., a Postal Service employee receiving compensation, faced a $10,581.35 overpayment assessment after OWCP said it had failed to deduct life insurance premiums. His request for a prerecoupment hearing was late, and the Board upheld its denial. The Board set aside the overpayment decision because…
T.R. and Department of Justice, Bureau of Prisons, Marion, IL
T.R. (ECAB 15-1862): Two percent knee impairment award affirmed
T.R., a Bureau of Prisons correctional officer, had an accepted right knee injury and several surgeries. He sought a larger schedule award based on his physician's nine percent leg impairment rating. OWCP's medical adviser rated impairment at two percent under the applicable guide. The Board found…
M.L. and U.S. Postal Service, Post Office, Portland, OR
M.L. (ECAB 15-0858): Bilateral carpal tunnel impairment awards affirmed
M.L., a Postal Service letter carrier, received schedule awards for permanent impairment from accepted carpal tunnel syndrome in both arms. He sought larger awards, relying in part on a physician's assessment of hand weakness. The Board found that the physician did not support the higher weakness…
J.M. and Department of Agriculture, Forestry Service, Albuquerque, NM
J.M. (ECAB 15-0041): Refusal to reopen claim affirmed
J.M., a Forest Service firefighter, challenged OWCP's refusal to reconsider a reduction in his compensation based on a temporary light-duty job offer. The Board held that his arguments about the offer had already been considered and did not warrant another merit review. The Board affirmed OWCP's…
J.M. and Department of Agriculture, Forestry Service, Albuquerque, NM
J.M. (ECAB 15-0041): Board orders correction of its earlier disposition
The Board found that its March 10, 2016 decision in J.M.'s case had an incorrect order. The reasoning said OWCP properly denied merit review, but the order had mistakenly set aside OWCP's decision and remanded the case. This erratum directs the Board to reissue the decision with an order affirming…
United States Department of Homeland Security, U.S. Customs and Border Protection, El Paso, Texas (Agency) and American Federation of Government Employees, National Border Patrol Council, Local 1929 (Union)
CBP El Paso and Border Patrol Council Local 1929 (FLRA 0-AR-5125): Shift-trade bargaining issue remanded
Customs and Border Protection temporarily required a pressing need for first-pay-period shift trades and denied an agent's request despite approving his later trades. An arbitrator found the denial unreasonable, ordered make-whole relief, and found both statutory and contractual bargaining…
United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service (Agency) and National Weather Service Employees Organization (Union)
National Weather Service and NWSEO (FLRA 0-AR-5042): Disposable-dining-ware reconsideration denied
The National Weather Service had agreed during flu-pandemic planning to provide disposable cups, plates, and utensils, but later stopped because it considered the purchases an unlawful use of appropriated funds. An arbitrator ordered the supplies restored and found repudiation of the agreement, but…
S.P. and U.S. Postal Service, Post Office, Fort Worth, TX
S.P. (ECAB 16-0253): Injury claim returned because OWCP overlooked response
S.P., a Postal Service city carrier assistant, reported chest tightness, breathing difficulty, and finger symptoms during work on August 7, 2015. OWCP denied the claim, stating that he had not answered its request for details about the incident. The Board found that OWCP had received his response…
P.B. and Department of the Navy, Naval Training Center, Great Lakes, IL
P.B. (ECAB 16-0237): Leg impairment schedule award denied
P.B., a Navy security guard, had accepted back and arm conditions after a fall at work. He sought schedule awards for permanent impairment of both legs. An OWCP referral physician attributed the measured leg impairment to underlying lumbar disease rather than to the accepted employment injuries…
N.S. and Department of Veterans Affairs, Veterans Health Administration, Dallas, TX
N.S. (ECAB 16-0015): Refusal to reopen back injury claim affirmed
N.S., a Veterans Health Administration technician, claimed a back condition from years of lifting and pulling patients. OWCP had denied his claim for lack of factual evidence establishing the alleged work events. His reconsideration request included medical reports and diagnostic studies, but they…
J.W. and U.S. Postal Service, Processing & Distribution Center, Tampa, FL
J.W. (ECAB 15-1755): Additional shoulder impairment claim returned for review
J.W., a Postal Service mail handler, had received awards for five percent impairment of each arm after accepted shoulder injuries. He later underwent authorized right shoulder surgery and sought an increased award. The Board found that OWCP's medical adviser had not evaluated a physician's…
J.M. and U.S. Postal Service, Post Office, Monroeville, PA
J.M. (ECAB 15-1586): Late reconsideration request denied
J.M., a Postal Service employee, sought reconsideration of OWCP's denial of an emotional condition claim tied to work hours. Under the procedure applied in this decision, OWCP used the date the request entered its case system, which was four days after the one-year deadline. The Board also found…
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.