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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A.V. and U.S. Postal Service, Post Office, North Ridgeville, OH
A.V. (ECAB 16-0369): Leg impairment ratings sent back
A.V., a postal letter carrier, challenged the ratings for impairment of both legs after accepted knee and back injuries. The Board found the OWCP medical adviser’s use of an intact meniscus more persuasive on one part of the left leg rating. It found the adviser’s assessment of sensory loss…
C.L. and U.S. Postal Service, Post Office, Gastonia, NC
C.L. (ECAB 16-0214): Heart claim reopening refusal upheld
C.L., a postal customer service supervisor, sought reconsideration after OWCP denied his claim that work stress caused congestive heart failure. He submitted time sheets, a performance evaluation, and a new medical report. The Board found that the work records did not address the missing medical…
M.D. and Department of the Army, Lexington Bluegrass Army Depot, Richmond, KY
M.D. (ECAB 16-0102): Ten hour job offer termination reversed
M.D., an Army boiler operator, received compensation for accepted bilateral carpal tunnel syndrome. OWCP ended benefits after he declined a facilities clerk position it considered suitable. The position was later clarified to require four ten-hour days, while the medical opinion supported only…
N.K. and U.S. Postal Service, Post Office, Buffalo, NY
N.K. (ECAB 15-1532): Shoulder disease claim denial upheld
N.K., a postal rural carrier, attributed a right shoulder condition to twisting, lifting, and reaching while delivering mail. OWCP accepted those work activities. His physician associated the condition with repetitive reaching but did not explain how the specific duties caused or aggravated the…
J.F. and U.S. Postal Service, Post Office, Islandia, NY
J.F. (ECAB 15-1342): Refusal to modify suitable work termination reversed
J.F., a postal clerk, lost compensation after declining a modified clerk position. The Board found that OWCP had considered accepted shoulder conditions but had not adequately evaluated whether diagnosed depression and anxiety affected his ability to do the offered job. Those conditions mattered to…
B.W. and Department of the Army, U.S. Army Africa, APO, AE
B.W. (ECAB 15-1270): Travel injury claim denial upheld
B.W., an Army communication specialist, claimed back and left leg injuries during official air travel. The Board found conflicting dates and routes in his claim and medical histories, including a medical visit in Italy before the date he said he returned there. He also did not provide a requested…
P.D. and Department of the Interior, Bureau of Land Management, Boise, ID
P.D. (ECAB 15-0032): Retirement offset overpayment upheld
P.D., a Bureau of Land Management equipment operator, received FECA wage loss benefits and Social Security retirement benefits attributable in part to federal service. OWCP did not initially reduce his FECA payments for the federal-service share of those retirement benefits. The Board affirmed a…
United States Department of Justice, Federal Bureau of Prisons, U.S. Penitentiary, Atwater, California (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 1242 (Union)
USP Atwater and AFGE Local 1242 (FLRA 0-AR-5081): Corridor-travel reconsideration denied
An arbitrator awarded correctional officers pay for time spent walking through a secure prison corridor before and after shifts because they had to remain vigilant and prepared to respond to inmate incidents. The Authority had set that part of the award aside, holding that travel is not compensable…
Matter of Jesus Ricardo VILLALOBOS
Legalization adjustment requires current admissibility
The Board reviewed a Mexican respondent's removal order based on controlled-substance convictions discovered after he adjusted from temporary to permanent resident status through the legalization program. The Board held that Immigration Judges and the Board may determine whether the prior…
Russell L. Moody v. Huntington Ingalls, Incorporated
Moody v. Huntington Ingalls (BRB 15-0314): post retirement disability award reversed
Russell Moody worked for Huntington Ingalls for about 45 years and returned to a suitable driving job after an earlier back injury. He later injured his shoulder but kept working until a retirement he had announced for reasons unrelated to his injuries. He underwent shoulder surgery after retiring…
Darrell Edwards v. Marine Repair Services, Incorporated and Signal Mutual Indemnity Association, Limited
Edwards v. Marine Repair Services (BRB 15-0112R): settlement notice question added to remand
Darrell Edwards had settled a third party claim while pursuing Longshore Act benefits. In an earlier decision, the Board sent his case back for a comparison between his gross settlement and lifetime compensation entitlement, and it concluded that he had given the employer notice of the settlement…
Premuda Spa, International Maritime Organization
In re Premuda Spa, International Maritime Organization (EAB APPS Appeal No. 16-02C): consent agreement ratified
Premuda Spa entered a Consent Agreement with EPA in an Act to Prevent Pollution from Ships penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term…
Green Spanker Shipping S.A., International Maritime Organization and Philsynergy Maritime Inc.
In re Green Spanker Shipping S.A., International Maritime Organization and Philsynergy Maritime Inc. (EAB APPS Appeal No. 16-01C): consent agreement ratified
Green Spanker Shipping S.A. and Philsynergy Maritime Inc. entered a Consent Agreement with EPA in an Act to Prevent Pollution from Ships penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The…
R.F. and U.S. Postal Service, Post Office, Washington, DC
R.F. (ECAB 16-0233): Injury claim returned for evidence review
R.F., a postal employee, sought review of OWCP’s denial of a left shoulder and elbow injury claim. She submitted medical reports that OWCP received on the same day it issued its decision. The Board found that OWCP had not considered those reports even though they were received before the decision…
J.W. and Department of Homeland Security, U.S. Coast Guard Yard, Baltimore, MD
J.W. (ECAB 16-0231): Hearing award denied, hearing aids remanded
J.W., a Coast Guard boat builder, had accepted work-related hearing loss from shipyard noise. The Board affirmed denial of a schedule award because audiometric results fell below the impairment threshold. It separately found that OWCP had not explained why it denied hearing aids despite a…
D.T. and U.S. Postal Service, Processing & Distribution Center, Columbia, SC
D.T. (ECAB 16-0152): Additional hernia disability denied
D.T., a postal mail handler, had an accepted aggravation of a ventral hernia and received compensation for a six-week recovery period after surgery. He sought benefits for an earlier period and for several years after that accepted period. The Board found no reasoned medical opinion establishing…
P.M. and Department of Homeland Security, Immigration & Customs Enforcement, Plantation, FL
P.M. (ECAB 16-0067): Lumbar sprain schedule award denied
P.M., an immigration officer, sought a schedule award after an accepted lumbar sprain from a workplace fall. The Board explained that FECA does not award impairment for the spine itself, though a spinal injury may support an award for a limb. His neurological examination showed normal lower…
G.C. and U.S. Postal Service, Post Office, Medford, OR
G.C. (ECAB 15-1406): Later total disability claim denied
G.C., a postal mail handler, had accepted left shoulder and chest conditions and sought total disability compensation beginning March 12, 2015. He had worked modified duty earlier and was later removed from employment. His impairment rating report did not address whether the accepted injury…
D.D. and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Tallahassee, FL
D.D. (ECAB 15-1403): Medical benefit termination sent back
D.D., a prison laundry supervisor, challenged OWCP’s termination of medical benefits for accepted neck and thoracic strains. In her written record review, she submitted additional medical reports. The Board found that the hearing representative discussed some reports but omitted another physician’s…
L.Y. and U.S. Postal Service, Post Office, Washington, DC
L.Y. (ECAB 15-1344): Schedule award claim reopened
L.Y., a postal human resources manager, sought a greater left arm schedule award for shoulder and carpal tunnel impairments. OWCP refused further review. The Board found that her request raised a relevant new argument about combining the two impairment ratings and included a physician’s pertinent…
L.W. and U.S. Postal Service, Post Office, Attica, NY
L.W. (ECAB 15-1170): Insurance overpayment sent back
L.W., a postal carrier receiving compensation, challenged a $3,343.44 overpayment attributed to postretirement life insurance premiums. OWCP relied on a statement that she had chosen a no reduction option, but the signed election form was missing from the record. The Board held that the election…
J.M. and Department of Agriculture, Forestry Service, Albuquerque, NM
J.M. (ECAB 15-0041): Original order mistakenly remands a refusal to reopen
J.M., a Forest Service firefighter, appealed OWCP’s refusal to reconsider a reduction in 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 justify reopening the claim for merit review. This original…
M.K. and U.S. Postal Service, Post Office, Margate, NJ
M.K. (ECAB 15-0038): One percent left arm award upheld
M.K., a postal letter carrier, sought a larger schedule award for an accepted left ulnar nerve condition. OWCP had awarded him one percent impairment of the left arm. The Board gave special weight to an impartial physician’s opinion that the current examination showed no ratable impairment from the…
Secretary of Labor v. Pinnacle Mining Company, LLC
Missed penalty contest reopened over dissent
Pinnacle's safety manager was on Christmas vacation when another employee signed for a proposed assessment but failed to deliver it to him. Pinnacle also said it had no record of receiving MSHA's later delinquency notice and moved to reopen after counsel discovered the default. The Commission…
Austin Powder Company v. Secretary of Labor
Parent and subsidiaries held a unitary operator
Austin Powder argued that its regional limited-liability subsidiaries alone should answer for mine-site violations. Judge Kenneth R. Andrews applied the Commission's four-factor unitary-operator test and found interrelated operations, common management, centralized health-and-safety control, and…
Secretary of Labor v. Prairie State Generating Company, LLC
Managers personally liable for missed preshift exam
Prairie State sent miners to rock-dust an area that had not received the required preshift or supplemental examination and contained loose roof and rib hazards. Judge Alan G. Paez affirmed the violation as S&S, highly negligent, and an unwarrantable failure, finding systemic management failures in…
C.M. and U.S. Postal Service, Post Office, Wauchula, FL
C.M. (ECAB 16-0241): Spinal injury claim denied for lack of medical explanation
C.M., a rural letter carrier, claimed that repeated mail delivery movements caused spinal conditions. After an earlier remand for merit review, OWCP denied the claim. The Board found that her physician described the work and diagnosed cervical conditions but did not explain how the work caused…
M.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Cincinnati, OH
M.L. (ECAB 16-0240): Foot fracture claim denied for lack of medical explanation
M.L., a nurse practitioner at a Veterans Affairs medical center, fractured a bone in her right foot after hearing a pop while walking at work. OWCP accepted that the April 15, 2014 workplace incident occurred but denied the claim because the medical evidence did not connect the fracture to her…
B.B. and U.S. Postal Service, Post Office, Riverdale, MD
B.B. (ECAB 16-0135): Insurance premium overpayment upheld
B.B., a postal employee receiving disability compensation, was charged with a $515.69 overpayment because OWCP withheld too little for optional life insurance premiums. The Board found that the deductions had used an outdated salary amount and upheld OWCP’s calculation based on the current…
S.S. and Department of the Army, Virginia National Guard, Fort Pickett, Blackstone, VA
S.S. (ECAB 16-0096): Knee injury claim denied for lack of medical causation
S.S., an information technology specialist with the Virginia National Guard, said his left knee twisted while he climbed stairs into an office building. OWCP accepted that the April 22, 2014 incident occurred, and the medical records documented a meniscus tear. The Board found that his physician…
S.S. and U.S. Postal Service, Post Office, Somerset, NJ
S.S. (ECAB 16-0056): Back injury claim denied despite accepted fall
S.S., a postal letter carrier, fell when a chair slipped out from under him while he put on snow boots at work. He claimed that the December 10, 2013 incident caused or aggravated a lower back condition. The Board found that his physicians did not adequately explain how the fall affected his…
K.G. and Department of Homeland Security, Transportation Security Administration, Coppell, TX
K.G. (ECAB 16-0050): Back injury denial upheld with claim reclassified
K.G., a transportation security officer, reported lower back pain after lifting oversize luggage during one workday. OWCP accepted that the lifting occurred but denied an occupational disease claim. The Board treated her claim as a traumatic injury because the alleged work activity took place…
R.C. and U.S. Postal Service, Post Office, Denver, CO
R.C. (ECAB 15-1801): Wage capacity review returned for reasoned decision
R.C., a postal letter carrier with an accepted shoulder injury, challenged OWCP’s wage-earning capacity determination based on her modified work. She argued that the position was created to accommodate her restrictions and did not fairly represent her earning capacity. The Board found that OWCP…
K.V. and U.S. Postal Service, Post Office, Castle Rock, CO
K.V. (ECAB 15-0960): Termination of compensation reversed
K.V., a postal employee with accepted carpal tunnel injuries, challenged OWCP’s termination of her wage-loss and medical benefits. OWCP relied on an impartial physician’s view that her work-related conditions had resolved. The Board found that the record did not establish that OWCP provided that…
Secretary of Labor v. Ten-Mile Coal Company, Inc.
Assessment reopened after reported interoffice loss
Ten-Mile said a proposed assessment was lost when its mine manager sent it to the secretary-treasurer's office 60 miles away. The operator said it had instructed the manager to scan and email future assessments, and the Secretary did not oppose reopening. The Commission majority reopened the…
Secretary of Labor on behalf of Jennifer Morreale v. Veris Gold USA, Inc.
Unpaid settlement justified reopening
Veris Gold settled Jennifer Morreale's discrimination case and represented that a bankruptcy monitor had approved the required payments, but neither Morreale nor MSHA was paid before the mine assets were sold. The judge later dismissed Morreale's effort to compel payment for lack of jurisdiction…
L.D. and U.S. Postal Service, Post Office, Louisville, CO
L.D. (ECAB 16-0199): Earlier denial upheld, merit review ordered
L.D., a postal carrier, claimed that walking more than 10 miles a day caused plantar fasciitis in both feet. The Board upheld OWCP’s August 28, 2015 denial because the record at that point lacked enough factual support for her claimed work duties. Her supervisor later submitted a report describing…
C.N. and Department of Defense, Defense Logistics Agency, Stockton, CA
C.N. (ECAB 16-0134): Benefit overpayment upheld, repayment rate returned
C.N., a Defense Logistics Agency retiree receiving workers’ compensation, also received Social Security benefits attributable to federal service. The Board upheld OWCP’s finding that the overlap caused a $14,234.11 overpayment and that his failure to report those benefits barred waiver. OWCP had…
M.O. and U.S. Postal Service, Post Office, Chicago, II
M.O. (ECAB 16-0106): Emotional injury claim denied for insufficient medical reasoning
M.O., a postal carrier, reported an encounter with a person carrying a gun while delivering mail. OWCP accepted that the October 29, 2014 incident occurred. His physician diagnosed post-traumatic stress disorder, but the Board found that the report gave an incomplete history and did not explain how…
David R. Clark and U.S. Postal Service, Post Office, Madisonville, KY
David R. Clark (ECAB 16-0083): Injury denial upheld on narrower grounds
David R. Clark, a postal letter carrier, reported becoming ill while walking on a street at 4:45 p.m. OWCP denied his injury claim because his scheduled shift ended at 3:45 p.m. The Board found that his claim did not describe the work activity he was performing and that he did not supply the…
J.V. and U.S. Postal Service, Post Office, Cape Coral, FL
J.V. (ECAB 15-1942): Injury and continuation of pay denials upheld
J.V., a rural postal carrier associate, reported neck and back injuries after a vehicle collision while driving home from work. The Board accepted that the June 29, 2015 collision occurred, but found that her doctor’s report did not describe the accident or explain how it caused the diagnosed…
W.B. and U.S. Postal Service, Post Office, Los Angeles, CA
W.B. (ECAB 15-1751): Consequential injury claim returned for complete record
W.B., a postal employee, claimed that physical therapy for an accepted arm condition aggravated a cervical spine condition. OWCP denied the consequential injury claim after reviewing evidence from his original claim. The Board could not review that evidence because the related files had not been…
W.B. and Department of Homeland Security, Transportation Security Administration, Seattle, WA
W.B. (ECAB 15-1478): Termination of wage-loss benefits upheld
W.B., a transportation security screener with accepted leg, knee, foot, hip, and nerve conditions, challenged the end of his wage-loss benefits. The Board found that OWCP had sufficient medical evidence to terminate those benefits effective May 12, 2014. Later medical reports raised a conflict, but…
R.N. and U.S. Postal Service, Post Office, Melbourne, FL
R.N. (ECAB 15-1467): Termination of compensation reversed
R.N., a rural postal carrier associate, challenged OWCP’s termination of benefits for accepted back conditions. OWCP relied on an impartial physician’s opinion that the accepted conditions had resolved. The Board found that he lacked parts of the earlier medical record and that OWCP had not sent…
Secretary of Labor on behalf of Jeffrey S. Brewer v. Monongalia County Coal Company, et al.
Temporary reinstatement ordered
Jeffrey Brewer alleged that Murray Energy discharged him after he filed repeated section 103(g) safety complaints and that supervisors showed hostility toward miners who contacted MSHA. The operator did not timely request a hearing on the Secretary's temporary-reinstatement application. Judge…
K.A. and U.S. Postal Service, Post Office, Oakland, CA
K.A. (ECAB 15-1944): Late reconsideration request rejected
K.A., a postal distribution and window clerk, sought to reopen a decision terminating compensation for an accepted head and neck injury. OWCP received her reconsideration request more than a year after its last merit decision. The Board held that her later medical reports, although some supported…
M.C. and U.S. Postal Service, Post Office, Indianapolis, IN
M.C. (ECAB 15-1932): Eleven percent left leg award upheld
M.C., a rural postal carrier with accepted lumbar conditions, sought a larger schedule award than the 11 percent left leg impairment OWCP had recognized. Her treating physician used a spine rating, while OWCP’s medical adviser rated the leg impairment under the applicable guide for spinal nerve…
N.C. and Department of Homeland Security, Federal Air Marshal Service, West Orange, NJ
N.C. (ECAB 15-1900): Pulmonary embolism claim denied for lack of causal proof
N.C., a federal air marshal, developed breathing symptoms while on assignment in Berlin and was diagnosed with pulmonary emboli. He attributed the condition to air travel for work. The Board found that the medical reports either did not address causation or offered only a possible link without a…
J.S. and U.S. Postal Service, Post Office, Minneapolis, MN
J.S. (ECAB 15-1618): Hip injury claim denied for lack of medical link
J.S., a rural postal carrier, said she strained her right hip and buttock when she slipped on ice while carrying a package. The Board considered the December 8, 2014 incident established. Her doctors’ reports did not provide a clear diagnosis and reasoned explanation connecting the claimed…
M.A., claiming as widow of M.B., and Department of Justice, Bureau of Prisons, Butner, NC
M.A. (ECAB 15-1479): Survivor benefits denied for lack of legal marriage
M.A. sought survivor benefits after M.B., a Bureau of Prisons food service officer, died during a work incident. She said they had lived together as a married couple for 13 years. The Board applied North Carolina law, which did not recognize a common-law marriage formed there, and found no evidence…
C.H. and U.S. Postal Service, Post Office, Brookline, MA
C.H. (ECAB 15-0829): Knee injury claim denied for lack of medical explanation
C.H., a postal carrier, reported that his left knee twisted and buckled while he was delivering mail. His physicians documented knee conditions, including a meniscus tear and arthritis. The Board found that one doctor only checked a box attributing the condition to work, while another described the…
Key Energy Services, LLC
Lightning hazard citation vacated
Three Key Energy employees and another contractor's employee were injured when lightning struck a rural gas-well worksite. OSHA cited Key Energy under the general duty clause and proposed training, stopping work during severe weather, and weather radios as abatement. The judge found that Key Energy…
Secretary of Labor obo Cheryl Garcia v. Veris Gold USA, Inc.
Discrimination case stayed for Commission guidance
The Secretary brought a Mine Act discrimination case for Cheryl Garcia against Veris Gold USA, which later dissolved after selling its mine assets to Jerritt Canyon Gold through bankruptcy. A default had been entered against Veris Gold, but the parties disputed whether Jerritt Canyon Gold could be…
Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Asset purchaser added for successor inquiry
Matthew Varady had already proven that Veris Gold discriminated against him when he asked to add Jerritt Canyon Gold, the purchaser of Veris's mine assets, as a potential successor. Jerritt Canyon argued that the bankruptcy automatic stay, free-and-clear sale order, claim preclusion, and bankruptcy…
Jeffrey L. Nixon d/b/a EarthEcycle, EarthEcycle, LLC, EarthEcycle, LLP, AABC Computer and Electronics Recycling, AABC Computer Company, Earth Computer and Electronics Recycling, United Recyclers of America
In re Jeffrey L. Nixon d/b/a EarthEcycle and related entities (EAB RCRA Appeal No. 16-01C): effective date clarified and consent agreement ratified
EPA alleged that Jeffrey L. Nixon and related electronic recycling businesses failed to properly manage hazardous wastes under RCRA and authorized Pennsylvania requirements. The parties resolved the matter through a Consent Agreement. The Environmental Appeals Board clarified that the agreement's…
Traylor Mining, LLC v. Secretary of Labor
Attorney-fee application denied
Traylor Mining prevailed in part in an underlying case after an excavator boom struck a production supervisor at the Bulldog Mine. The judge had removed the unwarrantable-failure designation, reduced negligence from high to moderate, and cut the penalty from $52,500 to $1,000. Traylor then sought…
T.D. and U.S. Postal Service, Processing & Distribution Center, Jacksonville, FL
T.D. (ECAB 16-0030): Schedule award denied for back condition
T.D., a postal laborer and custodian, had an accepted lumbar disc injury after lifting a bag at work. She sought a schedule award based on a physician’s 12 percent rating of spinal impairment. The Board held that the compensation law does not provide a schedule award for the back or for…
J.R. and U.S. Postal Service, Post Office, Cincinnati, OH
J.R. (ECAB 15-1858): Knee impairment rating returned for clarification
J.R., a postal mail handler, sought a larger award than the 23 percent right leg impairment OWCP had recognized after knee replacement surgery. His treating doctor and the impartial physician rated impairment at 31 percent, while OWCP’s medical advisers used 23 percent. The Board found that an OWCP…
J.R. and U.S. Postal Service, Post Office, Cleveland, OH
J.R. (ECAB 15-1847): Hand impairment claim returned for current testing
J.R., a postal mail processor, sought a schedule award for permanent impairment after an accepted right hand injury and wrist neuropathies. OWCP denied the award based on its medical adviser’s rating, which relied on older examination findings. The Board found that the adviser had not adequately…
L.S. and U.S. Postal Service, Post Office, Southeastern, PA
L.S. (ECAB 15-1564): Arm impairment dispute sent to impartial physician
L.S., a postal clerk, sought a larger schedule award than the 23 percent right arm impairment previously awarded. Her physician rated impairment at 28 percent, while an OWCP second opinion physician rated it at three percent and an OWCP medical adviser rated it at one percent. The Board found that…
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.