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.R. and U.S. Postal Service, Post Office, Fort Worth, TX
A.R. (ECAB 15-1421): Cervical injury claim lacked a description of work factors
A.R., a Postal Service city carrier, claimed a cervical injury and left shoulder condition caused by her work. Her physician diagnosed cervical radiculopathy and shoulder impingement. The Board found that she had not described the specific job duties she believed caused those conditions, despite…
S.C. and U.S. Postal Service, Post Office, Fountain, CO
S.C. (ECAB 15-0964): Medical report did not reopen knee claim's factual issue
S.C., a Postal Service letter carrier, claimed that repetitive delivery duties caused a left knee condition. OWCP denied the claim after she did not provide the detailed account of those duties it requested. She later sought reconsideration with a physician’s report describing her account of…
R.R. and U.S. Postal Service, Post Office, Denver, CO
R.R. (ECAB 15-0129): Part-time wage capacity finding reversed again
R.R., a Postal Service letter carrier, worked full time when he injured his back and later returned to a part-time modified job. The Board had previously rejected OWCP’s use of that part-time pay to measure his wage-earning capacity. OWCP again used the part-time pay, citing a later change in its…
B.T. and U.S. Postal Service, Post Office, Blackwood, NJ
B.T. (ECAB 14-1669): Wrist award overpayment and recovery affirmed
B.T., a Postal Service rural letter carrier, received a one percent right arm schedule award after an accepted wrist injury. An impartial medical examiner later found no ratable permanent impairment, and the Board agreed that his report followed the applicable impairment guide. Because the earlier…
American Federation of Government Employees, Local 3690 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Miami, Florida
AFGE Local 3690 and FCI Miami (FLRA 0-AR-5123): Attorney fee request returned to arbitrator
An arbitrator reduced a correctional officer's two-day suspension to a reprimand and awarded backpay, but did not address the union's request for attorney fees in his award. He later emailed that the award did not grant fees. The Authority held that the award and email lacked the findings needed to…
Pocahontas Coal Company, LLC v. Secretary of Labor
Pattern-of-violations orders affirmed
Pocahontas Coal and the Secretary jointly sought summary decision on two withdrawal orders issued after MSHA placed the Affinity Mine on a pattern of significant-and-substantial violations. One order involved inadequate fall barriers required by the ventilation plan, and the other involved an…
E.R. and U.S. Postal Service, Westside Station, Greensboro, NC
E.R. (ECAB 15-1815): Plantar fasciitis claim lacked reasoned medical link to work
E.R., a Postal Service letter carrier, attributed chronic plantar fasciitis to prolonged standing and climbing stairs. His podiatrist also mentioned jumping from mail trucks, said the work might have aggravated a preexisting foot problem, and later stated that work aggravated his foot pain. The…
W.K. and Tennessee Valley Authority, Watts Bar Nuclear Plant, Spring City, TN
W.K. (ECAB 15-1791): Shoulder injury claim lacked reasoned medical causation
W.K., a Tennessee Valley Authority electrical technician, said he injured his left shoulder while lifting equipment at work. Physicians later diagnosed osteoarthritis and other shoulder conditions. One physician said the work incident worsened the arthritis, but the Board found that he did not…
L.W. and U.S. Postal Service, Post Office, Sioux Falls, SD
L.W. (ECAB 15-1735): Mailed reconsideration request arrived after deadline
L.W., a Postal Service rural carrier, claimed a neck injury after moving a tub of mail. OWCP denied the claim because the evidence did not adequately connect her diagnosed condition to that work incident. She mailed a reconsideration request within a year of OWCP’s merit decision, but OWCP received…
R.M. and Department of the Navy, Pacific Fleet Shipyards, Bremerton, WA
R.M. (ECAB 15-1730): Hearing loss claim denied as untimely
R.M., a retired Navy chief test engineer, filed a hearing loss claim in 2015 based on workplace noise exposure that ended when he retired in 1994. The Board found that he knew of the hearing loss and its alleged work connection by 1993, so the three-year filing period ran from his last exposure in…
R.O. and U.S. Postal Service, Post Office, Cincinnati, OH
R.O. (ECAB 15-1681): Reconsideration filed on one-year deadline was timely
R.O., a Postal Service operations supervisor, had his disability compensation reduced to zero after OWCP found that he did not participate in vocational rehabilitation. He requested reconsideration of that reduction, and OWCP denied the request under the strict standard for late filings. The Board…
F.E. and U.S. Postal Service, Processing and Distribution Center, Santa Clarita, CA
F.E. (ECAB 15-1494): Suitable work refusal supported benefit termination
F.E., a Postal Service mail handler, had several accepted injuries and was offered a sedentary customer care position. He declined, saying that his medical conditions and medication prevented him from doing the work. The Board gave greater weight to OWCP’s second opinion physician, who reviewed the…
D.J. and Department of Veterans Affairs, Medical Center, Tuskegee, AL
D.J. (ECAB 15-1484): Injury denial and reconsideration refusal affirmed
D.J., a VA housekeeping aid, claimed that daily linen cart work caused hand and knee conditions. OWCP asked her to describe the specific work activities, but she supplied no additional factual account. The Board found that she had not established the claimed employment factors and affirmed the…
R.S. and U.S. Postal Service, Post Office, Boston, MA
R.S. (ECAB 15-1834): Bilateral knee claim lacked reasoned causation opinion
R.S., a Postal Service letter carrier, claimed that prolonged walking, stairs, and twisting while delivering mail caused new conditions in both knees. His orthopedic surgeon diagnosed knee problems and said they were work related. The Board found that the surgeon had not adequately described the…
P.J. and Department of Homeland Security, Federal Air Marshal Service, College Park, GA
P.J. (ECAB 15-1816): Hearing loss claim lacked identified work exposure
P.J., a federal air marshal, claimed that his right ear hearing loss was caused by work. His records showed a hearing loss diagnosis, but he did not describe any workplace noise source, exposure duration, or duties that produced the alleged exposure. OWCP asked for those facts twice, and he did not…
M.S. and Department of Homeland Security, Immigration and Customs Enforcement, Falcon Heights, TX
M.S. (ECAB 15-1771): Wrist occupational disease claim filed too late
M.S., a former federal special agent, claimed that years of heavy lifting worsened a right wrist injury first sustained during a training program. He filed an occupational disease claim in 2014, more than three years after retiring in 2010. The Board found that the agency’s knowledge of the earlier…
D.N. and Department of the Interior, Grand Coulee Dam, Grand Coulee, WA
D.N. (ECAB 15-1587): Shoulder injury claim lacked a reasoned medical connection
D.N., a hydromechanic at Grand Coulee Dam, reported right shoulder symptoms after pushing a heavy bearing shoe into place at work. OWCP accepted that the work incident happened but found no adequate medical link to a diagnosed injury. The Board found that a physician relied on the onset of symptoms…
E.M. and Tennessee Valley Authority, Sequoyah Nuclear Plant, Soddy Daisy, TN
E.M. (ECAB 15-1388): Hearing loss claim returned for a clearer medical opinion
E.M., a former boilermaker, had documented hazardous noise exposure during intermittent federal work at power plants and sought compensation for hearing loss. His physician linked the loss to occupational noise without explaining the link in detail. OWCP’s second opinion physician said both noise…
S.B. and U.S. Postal Service, Post Office, Forked River, NJ
S.B. (ECAB 15-1149): Denial of additional shoulder surgery affirmed
S.B., a Postal Service rural carrier, had accepted right shoulder injuries and underwent surgery in 2012. Her treating surgeon later requested another operation to repair a rotator cuff tear. After the treating surgeon and OWCP’s second opinion physician disagreed, OWCP obtained an impartial…
H.C. and U.S. Postal Service, Post Office, Southeastern, PA
H.C. (ECAB 15-1078): Bilateral arm condition claim denied after impartial exams
H.C., a Postal Service mail clerk, claimed bilateral upper extremity conditions from pitching mail after returning to limited duty. His treating physician and OWCP’s second opinion physician disagreed about whether he had brachial plexopathy, so OWCP obtained impartial neurological and orthopedic…
Secretary of Labor v. Byrne Sand & Gravel Co., Inc.
Crossed responsibility supported reopening
Byrne Sand & Gravel did not contest a proposed penalty assessment within 30 days, so the assessment became a final Commission order. The company explained that its treasurer believed the general manager would file the contest, while the general manager believed the treasurer would handle it. The…
Secretary of Labor v. Cemex, Inc.
Traction elevators treated as regulated hoists
MSHA cited Cemex for failing to complete annual inspections of three traction elevators at its Demopolis Plant under 30 C.F.R. § 56.19120. Cemex argued that traction elevators were not power-driven drums or windlasses within the regulatory definition of a hoist and that it lacked fair notice of…
J.P. and Department of Justice, Bureau of Prisons, Butner, NC
J.P. (ECAB 15-1825): Tooth injury claim lacked an identified medical report
J.P., a Bureau of Prisons unit secretary, reported that a stuck file cabinet drawer struck her mouth and chipped a front tooth. OWCP accepted that the incident occurred but denied the claim because the medical evidence did not establish that it caused the tooth injury. The Board found that the…
R.N. and Department of Homeland Security, Transportation Security Administration, St. Augustine, FL
R.N. (ECAB 15-1682): Overpayment decision returned because record was incomplete
R.N. appealed an OWCP decision finding a $38,389.73 overpayment and denying waiver. The Board received only the first page of that decision, without the memorandum explaining its reasons or the enclosure describing recovery. It held that it could not review the decision on an incomplete record. The…
E.S. and Department of the Air Force, Air Force National Guard, Frankfort, KY
E.S. (ECAB 15-1663): Workplace source of alleged drugging was not established
E.S., an Air Force National Guard information technology specialist, reported finding Clonazepam pills in coffee creamer she had taken home from work. She attributed anxiety and other symptoms to a coworker placing the pills in the creamer at work. The Board found that the record did not establish…
J.S. and Department of Homeland Security, Transportation Security Administration, Philadelphia, PA
J.S. (ECAB 15-1529): Alleged stairway foot injury not established
J.S., a transportation security officer, claimed that he injured his left foot after twisting it on a stairway mat at work. The Board found that his account was undermined by a long delay in reporting the incident, nearly two months before seeking medical care, and an early medical history that…
P.H. and U.S. Postal Service, Michigan Metroplex Processing and Distribution Center, Pontiac, MI
P.H. (ECAB 15-1519): Work incident and new reconsideration basis not established
P.H., a Postal Service mail processing clerk, claimed back and left foot injuries from lifting a tub of mail at work. Her supervisor disputed receiving a timely report, and the medical records close to the alleged date described other incidents rather than the claimed lifting event. The Board held…
K.S. and Department of Transportation, Federal Aviation Administration, Washington, DC
K.S. (ECAB 15-1458): Oral hearing request filed after 30 day deadline
K.S., an FAA engineering technician, sought an oral hearing after OWCP denied his traumatic injury claim. His request was dated more than 30 days after OWCP’s decision, and the postmark was illegible. The Board found that the recorded receipt date also fell beyond the deadline. It held that he was…
A.V. and U.S. Postal Service, Post Office, Newark, NJ
A.V. (ECAB 15-1394): Emotional injury claim after robbery lacked reasoned medical causation
A.V., a Postal Service letter carrier, was robbed at gunpoint while delivering mail. OWCP accepted that the robbery occurred, but denied his emotional injury claim. His psychologist diagnosed post-traumatic stress disorder and linked it to the incident, while another physician reported anxiety and…
R.C. and Department of the Army, Army Field Artillery Center, Fort Sill, OK
R.C. (ECAB 15-1373): Attendant allowance request denied
R.C., a former Army engineering equipment operator, asked OWCP to pay his wife for helping him with personal care, movement, and travel after accepted injuries. His physician checked that he needed help with several activities but did not adequately explain why the work-related conditions required…
R.U. and Department of Homeland Security, Customs and Border Protection, El Paso, TX
R.U. (ECAB 15-1349): Shoulder recurrence claim returned for combined case files
R.U. claimed a recurrence of disability after two accepted work incidents involving his left shoulder, one in 1998 and another in 2001. OWCP denied the claim while considering only the 1998 injury file. The Board found that the separate 2001 file could contain evidence relevant to the same shoulder…
Scott D. McGlothlin v. Dominion Coal Corporation
Counsel ordered to justify $112,465.48 fee request
Scott McGlothlin had already won summary decision on his claim that Dominion Coal interfered with his Part 90 pay protection. His two sets of counsel then sought $112,465.48 for 331.1 hours of legal services and expenses, using requested hourly rates of $250 and $500. Judge Jerold Feldman noted…
Ellis & Eastern Company v. Secretary of Labor
$21,450.96 fee award granted
Ellis & Eastern had won summary decision vacating an MSHA citation because the agency lacked jurisdiction over the company's railroad repair shop. The company then sought attorney fees and expenses under the Equal Access to Justice Act. Judge L. Zane Gill held that the Secretary's jurisdictional…
James Scotty Boudreaux v. Owensby & Kritikos, Incorporated
Boudreaux v. Owensby & Kritikos (BRB 15-0117): offshore worker's travel injury falls within OCSLA coverage
James Scotty Boudreaux tested tanks on offshore oil platforms for Owensby & Kritikos. He was injured in a car accident while carrying his testing equipment to a dock for transport to an offshore job. The employer paid for his travel time and mileage but contested coverage under the Outer…
S.S. and U.S. Postal Service, Post Office, Baker, LA
S.S. (ECAB 15-1781): Mail tray injury claim returned for clear factual findings
S.S., a Postal Service letter carrier, claimed a back injury during an exchange of a tray of mail with her supervisor. Their accounts differed about whether S.S. picked up the tray, dropped it, or fell, but both described an exchange on the claimed date. The Board found that OWCP had incorrectly…
C.D. and U.S. Postal Service, Post Office, Chicago, IL
C.D. (ECAB 15-1523): Hearing loss claim returned for a complete medical opinion
C.D., a Postal Service tractor trailer operator, claimed that years of workplace noise caused bilateral hearing loss. OWCP denied the claim based on its second opinion physician’s report. The physician said he could not determine causation without baseline hearing tests and workplace noise…
C.J. and U.S. Postal Service, Post Office, Mobile, AL
C.J. (ECAB 15-1414): Termination of stress injury benefits reversed
C.J., a Postal Service letter carrier, received benefits for accepted posttraumatic stress disorder. OWCP terminated her wage loss compensation and medical benefits after a second opinion physician found that she no longer had disabling symptoms. The Board found that OWCP had sent her a letter only…
A.J. and Department of the Air Force, Materiel Command, Tinker Air Force Base, OK
A.J. (ECAB 15-1263): Eight percent arm impairment award upheld
A.J., an Air Force painter, received an eight percent right upper extremity schedule award after accepted carpal tunnel syndrome and trigger finger. He sought a larger award. His treating physician rated median and ulnar nerve impairments at five percent each, but OWCP’s medical adviser applied the…
B.A. and U.S. Postal Service, Post Office, Philadelphia, PA
B.A. (ECAB 15-1171): Postal worker’s overpayment and hearing abandonment upheld
B.A., a Postal Service city carrier associate, was paid injury compensation using a weekly pay rate higher than the correct rate. OWCP found a $1,165.50 overpayment and found that she was without fault, but denied waiver of repayment. The Board found that her reported income exceeded her reported…
J.T. and U.S. Postal Service, Valley Village Post Office, North Hollywood, CA
J.T. (ECAB 15-1133): Wage loss claim returned for findings on available work
J.T., a Postal Service letter carrier with an accepted knee injury, sought wage loss compensation for November 4, 2013 through February 7, 2014. His supervisor had reported that full time light duty was unavailable, but later said eight hours of modified work were available. The Board found that…
L.R. and Department of Energy, Savannah River Site Operations Office, Aiken, SC
L.R. (ECAB 15-0235): Surgery denial returned for proper findings
L.R. sought authorization for surgery involving fusion of foot bones. OWCP denied the request, saying the evidence was insufficient because a current MRI had not been provided. The Board found that the denial did not adequately explain the factual basis or how OWCP exercised its discretion. It set…
K.B. and Department of the Army, Fort Leonard Wood, Nixa, MO
K.B. (ECAB 14-1560): Occupational illness claim returned for factual findings
K.B., an Army clinical psychologist, claimed that work factors caused or aggravated several physical and emotional conditions. She cited illness following travel to a work conference and the employer’s refusal of requested accommodations. OWCP’s hearing representative characterized the claim as…
United States Department of Veterans Affairs, James N. Quillen VA Medical Center, Mountain Home, Tennessee (Agency) and American Federation of Government Employees, Local 1687 (Union)
James N. Quillen VA Medical Center and AFGE Local 1687 (FLRA 0-AR-5142): Senior employee placement upheld
The James N. Quillen VA Medical Center selected an employee for a vacancy over another qualified applicant whom an arbitrator found was more senior. The arbitrator applied agreement provisions making seniority decisive among qualified volunteers and ordered the agency to place the grievant in the…
American Federation of Government Employees, Local 2152 (Union) and United States Department of Veterans Affairs, Sierra Nevada Health Care System (Agency)
AFGE Local 2152 and VA Sierra Nevada (FLRA 0-AR-5121): Union-activity discrimination grievance denied
A part-time VA nurse who served as a union steward was repeatedly denied full-time employment, placed on a long detail during an investigation, and suspended for five days. The agency later transferred him to a full-time position and rescinded the suspension, but the union pursued a contract…
Secretary of Labor v. Brody Mining, LLC
Previously contested order reopened
Brody Mining failed to timely contest the proposed penalty for an order. It said a discrepancy between the assessment and the order caused the missed deadline and pointed to an earlier pre-penalty notice contesting the order and a motion to consolidate and expedite that contest. The Secretary did…
Secretary of Labor v. U.S. Silver - Idaho, Inc.
Seven assessments reopened after clerical error
U.S. Silver intended to contest seven proposed penalty assessments but missed the deadline because its safety superintendent failed to submit the notice. The superintendent acknowledged the error, implemented a system to prevent recurrence, and the company moved promptly after receiving a…
Secretary of Labor v. Campbell Redi-Mix, Inc.
Two final penalty assessments reopened
Campbell Redi-Mix made partial payments on two proposed penalty assessments but did not timely contest the unpaid portions. The company said it mistakenly sent its contest forms to the wrong address. The Secretary did not oppose reopening but urged Campbell to ensure that future contests were filed…
Scott D. McGlothlin v. Dominion Coal Corporation
Counsel ordered to justify $112,465.48 fee request
Scott McGlothlin had already won summary decision on his claim that Dominion Coal interfered with his Part 90 pay protection. His two sets of counsel then sought $112,465.48 for 331.1 hours of legal services and expenses, using requested hourly rates of $250 and $500. Judge Jerold Feldman noted…
Secretary of Labor v. James L. Deck
Unwithdrawn individual penalty reopened
James Deck did not timely contest an individual civil-penalty assessment under section 110(c), so the assessment became a final Commission order. Deck said the Secretary had agreed during earlier settlement negotiations to withdraw the individual proceeding but mistakenly failed to do so. The…
Secretary of Labor v. Webster County Coal, LLC
Roof-control-plan revision citation vacated
MSHA cited Webster County Coal after four roof falls, alleging that the operator failed to propose revisions when its roof control plan became unsuitable. The first three falls involved water-related roof conditions, and Webster worked with MSHA, adopted plan changes, and implemented Technical…
Secretary of Labor v. Noranda Alumina, LLC
Paid assessment not reopened
Noranda Alumina paid a proposed penalty assessment in full instead of contesting it. The employee who normally handled assessments had left the company on the day it arrived, and replacement staff treated the assessment as an ordinary bill despite repeated contest instructions and a separate notice…
Secretary of Labor v. E&G Masonry Stone #2
Third reopening motion granted with warning
E&G Masonry Stone missed the deadline to contest a proposed penalty assessment after a miscommunication with off-site mine management. The operator pointed to an earlier notice contesting one of the citations as evidence that it intended to challenge the penalties, and the Secretary did not oppose…
E.R. and U.S. Postal Service, Post Office, Coppell, TX
E.R. (ECAB 15-1655): Illness denial affirmed, reconsideration denial remanded
E.R., a Postal Service custodian, claimed that his work aggravated conditions affecting his neck, back, shoulders, wrists, and knees. The Board affirmed the claim denial because the medical reports did not adequately explain a causal link between specific work duties and the diagnosed conditions…
E.M. and U.S. Postal Service, Post Office, Compton, CA
E.M. (ECAB 15-1497): Treatment recurrence denial upheld
E.M., a Postal Service letter carrier, had an accepted 2006 claim for emotional conditions. He later sought treatment for a claimed recurrence of those conditions. The Board found that his psychologist attributed the renewed symptoms to later workplace disputes, orthopedic symptoms, and vocational…
L.L. and U.S. Postal Service, Post Office, Federal Way, WA
L.L. (ECAB 15-1489): Wage loss claim denied for lack of date-specific medical proof
L.L., a Postal Service rural carrier with accepted leg and foot conditions, sought compensation for two periods away from work. She claimed the March days for medical appointments and the May period because her conditions limited her ability to commute. The Board found no evidence of treatment or a…
J.A. and U.S. Postal Service, Post Office, Coppell, TX
J.A. (ECAB 15-1425): Medical recurrence claim denial upheld
J.A., a Postal Service mail handler, had an accepted 1998 injury involving leg and ankle contusions. Years later, he sought treatment for conditions he believed were related to that injury. The Board found that the physicians’ reports diagnosed or described later conditions but did not explain how…
J.J. and U.S. Postal Service, Processing & Delivery Center, Tacoma, WA
J.J. (ECAB 15-1329): Back injury wage loss denial affirmed
J.J., a Postal Service custodial laborer, had accepted lumbar disc and spine conditions. He claimed disability compensation for periods beginning November 3, 2012. The Board found that his physician did not give a reasoned opinion tying any specific period of inability to work to those accepted…
L.L. and Department of Agriculture, Forest Service, Casual Firefighters, Albuquerque, NM
L.L. (ECAB 15-0931): Late reconsideration request denied
L.L., a Forest Service firefighter, claimed a cardiac injury after becoming ill while hiking to a fire. OWCP denied the claim in 2013. His request to reconsider that denial arrived more than a year later, so OWCP could reopen it only upon clear evidence of error. The Board found that previously…
D.P. and U.S. Postal Service, Post Office, Hammond, IN
D.P. (ECAB 15-0449): Dual benefit overpayment and fault finding upheld
D.P., a Postal Service letter carrier receiving injury compensation, elected federal retirement benefits effective April 1, 2014. He also received FECA compensation through May 3, 2014. The Board upheld OWCP’s finding that the overlapping payments created a $1,170.18 overpayment. OWCP had warned…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and American Federation of Government Employees, National Border Patrol Council, Local 3725 (Union)
Customs and Border Protection and Border Patrol Council Local 3725 (FLRA 0-AR-5154): Agency exceptions denied
Customs and Border Protection filed exceptions to an arbitration award involving the National Border Patrol Council, Local 3725. The Authority reviewed the record under the statutory and private-sector grounds for challenging arbitration awards. It found that the agency had not established that the…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.