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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J.M. and Department of Justice, U.S. Probation Department, Eastern District of New York
J.M. (ECAB 15-1174): Medical proof did not link injuries to vehicle strike
J.M., a probation officer, reported knee, back, and shoulder injuries after being struck by a vehicle while working. The Board accepted the incident but found the medical evidence insufficient to establish that it caused the claimed conditions. It affirmed OWCP's denial of the injury claim. The…
D.V. and U.S. Postal Service, Post Office, Brooklyn, NY
D.V. (ECAB 15-1083): Hip and elbow disease claim lacked causation
D.V., a postal letter carrier, attributed hip and elbow conditions to his work activities. The Board found the medical evidence insufficient to explain how those duties caused or aggravated the conditions. It rejected his representative's claim that OWCP had ignored the evidence. The Board affirmed…
R.T. and U.S. Postal Service, Post Office, Bellmawr, NJ
R.T. (ECAB 15-0907): Foot-injury benefits termination upheld
R.T., a city carrier assistant, received benefits after an accepted left foot injury. OWCP terminated medical and wage-loss compensation after finding the accepted condition had resolved. The Board held that OWCP met its termination burden and that R.T. did not prove disability after the…
B.G. and Department of Homeland Security, Immigration and Customs Enforcement, Newark, NJ
B.G. (ECAB 15-0556): Leg impairment rating remanded over improper apportionment
B.G. sought a larger schedule award for his accepted left knee conditions. The Board found that OWCP’s medical adviser improperly reduced the left leg impairment rating by apportioning it between causes; FECA requires the rating to reflect the total loss. It remanded for a supplemental medical…
F.R. and Department of Veterans Affairs, Houston Veterans Administration
F.R. (ECAB 15-0286): Late emotional claim reconsideration lacked clear error
F.R., a VA dental assistant, asked OWCP to reconsider an emotional-condition claim. OWCP found the request untimely. The Board found no clear evidence that OWCP had erred in the earlier decision, including in the claimed notice issue. It affirmed the refusal to reopen without deciding the…
R.B. and U.S. Postal Service, Post Office, Mableton, GA
R.B. (ECAB 14-1469): Schedule award and reconsideration denials upheld
R.B., a postal mail processor, sought a schedule award related to an accepted injury. The Board found that the impairment evidence did not establish entitlement to an award. A later report used the wrong edition of the medical impairment guides and did not qualify as pertinent new evidence. The…
C.M. and Social Security Administration, Houston, TX
C.M. (ECAB 14-1418): Carpal tunnel disability needs further medical review
C.M., a Social Security paralegal specialist, sought wage-loss compensation for disability from accepted bilateral carpal tunnel syndrome. The Board affirmed OWCP's denial of additional compensation for intermittent disability from July 26 through November 5, 2012 because the medical evidence did…
S.R. and Department of Veterans Affairs, Medical Center, Philadelphia, PA
S.R. (ECAB 14-0733): Wage-capacity modification issue requires decision
S.R., a VA employee, sought compensation after an earlier loss of wage-earning capacity determination. The Board found her later claim raised the separate question whether that determination should be modified, which OWCP had not properly decided. It affirmed OWCP's later termination ruling but set…
J.M. and U.S. Postal Service, Post Office, Albany, NY
J.M. (ECAB 15-0998): Duplicate medical note did not reopen claim
J.M., a postal city carrier with an accepted injury, sought reconsideration of OWCP’s denial of a permanent impairment schedule award. His physician submitted a revised note that removed references to state workers' compensation guidance but added no new medical information. The Board held that the…
P.S. and U.S. Postal Service, Post Office, St. Louis, MO
P.S. (ECAB 15-0976): Back injury claim lacked reasoned medical link
P.S., a postal mail processing clerk, reported low back pain after lifting mail trays at work. The Board found no adequately reasoned physician opinion connecting her claimed conditions to that lifting incident. Her belief that the work caused the condition was insufficient medical proof. It…
B.H. and U.S. Postal Service, Post Office, Adamsville, AL
B.H. (ECAB 15-0970): Occupational disease claim was timely
B.H., a rural mail carrier, filed an occupational disease claim for pain in several parts of her body. OWCP denied it as untimely. The Board held that her continued exposure to the claimed working conditions made the claim timely under FECA’s three-year filing limit. It reversed the timeliness…
A.M. and U.S. Postal Service, Post Office, San Juan, PR
A.M. (ECAB 15-0950): OWCP must translate medical records
A.M., a postal city carrier, claimed spinal conditions from work duties. The medical file included Spanish records from hospitalizations that had not been translated. The Board held that OWCP could not fairly deny the claim without obtaining translations needed to review the evidence. It remanded…
A.A. and Department of Veterans Affairs, Medical Center, Philadelphia, PA
A.A. (ECAB 15-0937): Benefits termination reversed over medical conflict
A.A., a VA practical nurse, had accepted injuries after slipping on ice at work. OWCP terminated compensation and medical treatment authorization effective March 9, 2014. The Board found an unresolved conflict in the medical opinions about continuing effects of the injury. Because OWCP had not…
K.B. and Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, DC
K.B. (ECAB 15-0928): Hand injury schedule award not established
K.B., a firearms enforcement officer, injured his left hand when a weapon discharged. He sought a schedule award for permanent impairment. The Board found that the evidence before OWCP did not establish a ratable permanent impairment under the applicable guide. It affirmed denial of the award on…
B.C. and Department of the Navy, Marine Corps Logistics Base Barstow, Yermo Annex
B.C. (ECAB 14-1945): Forklift back claim requires further development
B.C., a former Navy painter, claimed a back condition from operating a forklift. The Board found the record too incomplete for a final decision. It directed OWCP to obtain more facts from the employer and a specialist's reasoned opinion on whether the forklift duties or earlier accepted injuries…
C.M. and U.S. Postal Service, Post Office, Wauchula, FL
C.M. (ECAB 14-1507): New medical report warranted merit review
C.M. sought reconsideration after denial of an injury claim. She submitted a physician report that was new and relevant to the medical issue. The Board held that she did not need to cure every defect in her claim merely to obtain reconsideration. It directed OWCP to reopen the case and issue a…
D.M. and Department of Justice, Bureau of Prisons, Fort Dix, NJ
D.M. (ECAB 14-0472): Post-termination arm condition requires impartial review
D.M., a corrections officer, received benefits for an accepted arm injury. The Board upheld OWCP's March 2013 termination of benefits for that accepted condition. It found a medical conflict about whether she had an additional work-related condition or continuing disability after termination. The…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union (Union)
Customs and Border Protection and NTEU (FLRA 0-AR-4933): Reconsideration of scheduling backpay order denied
An arbitrator ordered Customs and Border Protection to calculate backpay for customs officers whose work schedules violated federal scheduling rules. The Authority had rejected the agency's exceptions to that remedy, and the agency asked it to reconsider. The Authority found that the agency had not…
Secretary of Labor v. Consolidation Coal Co. and McElroy Coal Co.
$3.31 million global settlement approved
This global settlement covered 1,753 citations and orders in 132 civil-penalty dockets from five northern West Virginia underground coal mines acquired by Murray Energy from CONSOL Energy in December 2013. The citations had proposed penalties totaling $5,097,611 and addressed common…
Mascareñas v. Interstate Hotels & Resorts, Inc.
Mascareñas v. Interstate Hotels & Resorts (DOL ARB 2015-0068): late appeal dismissed
Carolynn Mascareñas alleged that Interstate Hotels & Resorts retaliated against her in violation of the Surface Transportation Assistance Act. An administrative law judge dismissed her complaint and denied benefits on May 12, 2015. The Board received an initial appeal brief on June 13 and a…
M.O. and U.S. Postal Service, Post Office, Pittsburgh, PA
M.O. (ECAB 15-1129): Increased leg award needs correct review
M.O. requested a larger schedule award for permanent right leg impairment. OWCP treated the request as a challenge to a decision that was already before the Board on appeal. The Board held that OWCP should instead consider the submission as a new increased-award request. It set aside OWCP's…
A.B. and Department of the Interior, Bureau of Land Management, Palm Springs, CA
A.B. (ECAB 15-1002): Fire-engine knee injury claim lacked proof
A.B., a forestry aide, reported sharp knee pain while stepping out of a fire engine. The Board found that the evidence before OWCP did not establish a compensable knee injury from that event. It affirmed denial of the claim. The decision separately noted that OWCP should address whether it paid for…
J.V. and U.S. Postal Service, Post Office, Pittsburgh, PA
J.V. (ECAB 15-0981): Two hours of wage loss proved
J.V., a postal automation clerk with accepted hernia and related nerve conditions, claimed pay for two hours of leave without pay. The Board found that the evidence established the requested wage loss on July 18, 2014. It set aside OWCP's denial and returned the case for appropriate payment action…
R.B. and U.S. Postal Service, Post Office, Oxon Hill, MD
R.B. (ECAB 15-0971): Knee fall claim needs specialist review
R.B., a postal mail carrier, reported a right knee injury after slipping on steps at work. The Board found that Dr. Thomas’s reports linked a quadriceps tendon rupture to the fall but lacked enough reasoning to establish the claim. Because those reports were uncontradicted, it ordered OWCP to refer…
D.B. and U.S. Postal Service, Sulphur Springs Post Office, Tampa, FL
D.B. (ECAB 15-0666): Timely reconsideration request misclassified as late
D.B., a postal letter carrier, sought reconsideration of an occupational disease claim. OWCP treated the request as untimely and applied the clear-error standard. The Board found that the request had been received within one year of the prior decision. It remanded for evaluation under the correct…
K.F. and U.S. Postal Service, Post Office, Philadelphia, PA
K.F. (ECAB 15-0569): Leg impairment rating lacked connection to accepted injury
K.F., a postal letter carrier, sought a schedule award for permanent left leg impairment after an accepted ankle sprain. The Board found that the proposed rating addressed a condition not shown to be related to the accepted work injury. Without medical proof connecting the rated condition to that…
R.E. and Department of Veterans Affairs, Medical Center, Madison, WI
R.E. (ECAB 15-0047): Emotional-condition claim lacked compensable factor
R.E., a VA nurse practitioner, attributed depression and stress symptoms to workplace events. The Board found that she had not established a compensable employment factor. It therefore did not reach medical causation for the claimed emotional condition. The Board affirmed OWCP's denial.
K.D. and Department of Veterans Affairs, Tennessee Valley Healthcare System, Nashville, TN
K.D. (ECAB 14-1781): Patient-catching injury lacked medical causation
K.D., a VA nurse, reported pain after catching a falling patient. The Board found that her physician's note did not adequately explain how the event caused the diagnosed back conditions. Without a reasoned causal opinion, the medical record did not establish the claimed injury. It affirmed OWCP's…
L.F. and Department of Labor, Mine Safety and Health Administration, Mount Hope, WV
L.F. (ECAB 14-1144): MRSA claim lacked medical link to work
L.F., a mine safety assistant, claimed that she acquired an antibiotic-resistant staph infection through workplace exposure. The Board found that the medical evidence did not adequately connect her MRSA diagnosis to an identified federal work exposure. The diagnosis alone could not establish where…
United States Department of Homeland Security, Customs and Border Protection (Agency) and National Treasury Employees Union, Local 143 (Union)
Customs and Border Protection and NTEU Local 143 (FLRA 0-AR-5095): Anticipated overtime award upheld
NTEU Local 143 grieved a missed overtime assignment at a Customs and Border Protection facility. After the agency failed to answer the initial grievance or provide requested information, the union argued at arbitration that the missed assignment violated the contract's anticipated-overtime…
Secretary of Labor v. Black River Coal, LLC
Evidence challenge deferred to reinstatement hearing
The Secretary sought temporary reinstatement for miner Raymond McKinney and moved to exclude his personnel file, equipment checklists, and testimony from five proposed company witnesses before the hearing. Judge Jerold Feldman recognized that a temporary-reinstatement hearing is limited to whether…
J.M. and U.S. Postal Service, Post Office, Linwood, PA
J.M. (ECAB 15-1215): Occupational claim not reopened without new evidence
J.M., a postal letter carrier, asked OWCP to reconsider an occupational disease claim. She believed some of her medical material might have been mishandled, but the record contained no additional evidence meeting the reopening standards. The Board could review only what was in the case file. It…
M.H. and Department of the Air Force, Randolph Air Force Base, TX
M.H. (ECAB 15-1023): Missed telephone hearing deemed abandoned
M.H., an Air Force parts repairman, requested an oral hearing on his occupational disease claim. He did not connect to the scheduled telephone hearing on time. The Board found no evidence that he had given OWCP a timely explanation within ten days as required. It affirmed the abandonment finding…
G.J. and U.S. Postal Service, Oglethorpe Post Office, Savannah, GA
G.J. (ECAB 15-0967): Existing 39 percent leg award not increased
G.J., a postal letter carrier, had received a 39 percent left leg impairment award after a work-related bee sting and complications. He sought an increase based partly on a later six percent rating. The Board found that the six percent was not additional to the 39 percent already awarded and that…
L.C. and Department of the Treasury, Internal Revenue Service, Bensalem, PA
L.C. (ECAB 15-0903): Improper referee selection defeats benefits termination
L.C., an IRS employee with an accepted knee injury, challenged termination of her benefits. OWCP relied on a physician it treated as an impartial referee. The Board found that OWCP had not shown the physician was properly selected, so his opinion could not receive special weight. Without that basis…
V.D. and U.S. Army Medical Research Institute of Infectious Diseases, Fort Detrick, MD
V.D. (ECAB 15-0807): Vaccination injury expansion needs medical review
V.D., an Army biologist, had an accepted reaction to a routine work smallpox vaccination. She sought to add a right shoulder condition and other conditions to the accepted claim. The Board found the medical record insufficiently developed to decide causation. It returned the matter to OWCP for…
W.W. and Department of Veterans Affairs, Medical Center, Philadelphia, PA
W.W. (ECAB 15-0678): Management-stress claim lacked compensable factor
W.W., a VA instrument mechanic, claimed an anxiety attack from stress involving management. The Board found that the alleged events did not establish a compensable workplace factor under FECA. The medical evidence therefore could not establish the claimed emotional injury. It affirmed OWCP's denial.
B.G. and U.S. Postal Service, Post Office, Wallingford, CT
B.G. (ECAB 14-2002): Overpayment and fault findings upheld
B.G., a postal motor vehicle operator, received compensation after accepted injuries. OWCP found that he had been overpaid $1,521 during August and September 2013. The Board upheld both the amount and the finding that he was at fault, which barred waiver. It affirmed OWCP's decision while stating…
L.F. and U.S. Postal Service, Post Office, Des Moines, IA
L.F. (ECAB 14-1906): Back injury claim needs physician opinion
L.F., a postal letter carrier, reported low back pain after removing dividers from mail trays. Much of the submitted treatment material came from a physician assistant, whose reports could not supply the required physician opinion. The Board found the case needed further development rather than…
M.B. and U.S. Postal Service, Post Office, Lansing, MI
M.B. (ECAB 14-1567): Continuing exposure made knee claim timely
M.B., a postal letter carrier, attributed a right knee condition to years of route duties. OWCP denied the claim as late based on her first awareness of knee trouble in 2002. The Board held that her continuing exposure to the alleged work conditions through the filing date made the claim timely. It…
National Treasury Employees Union (Union) and United States Department of Homeland Security, Customs and Border Protection (Agency)
NTEU and Customs and Border Protection (FLRA 0-AR-5101): Early formation time was not compensable work
Customs and Border Protection trainees voted to arrive early so they could form up and march to class together before the duty day and after lunch. NTEU sought overtime for that time, but an arbitrator found that the trainees had chosen the early arrival and were not performing compensable work…
United States Department of the Air Force, Edwards Air Force Base, California (Agency) and American Federation of Government Employees, Local 1406 (Union)
Edwards Air Force Base and AFGE Local 1406 (FLRA 0-AR-5098): Official-time form practice upheld
Union representatives at Edwards Air Force Base had been allowed to complete an official-time form on their next workday when their union work ended at the end of a shift. The base stopped that practice and required them to return to their work areas before leaving. An arbitrator ordered the…
R.W. and Department of Veterans Affairs, Veterans Health Administration, Columbia, MO
R.W. (ECAB 15-1121): One percent right arm award upheld
R.W., a VA painter, sought a larger schedule award after accepted hand and wrist conditions. The Board reviewed the medical ratings and found one percent permanent impairment of the right arm. It found no probative evidence supporting a greater percentage. The Board affirmed OWCP's award.
L.F. and U.S. Postal Service, Post Office, North Metro, GA
L.F. (ECAB 15-1069): Total disability after shoulder injury not proved
L.F., a postal clerk, had accepted conditions after injuring her shoulder while lifting a mail sack. She claimed total disability beginning April 7, 2014. The Board found the medical reports insufficient to show that the accepted injuries prevented all work during the claimed period. It affirmed…
In re Yates Construction Co., Inc.
In re Yates Construction Co. (DOL ARB 2015-0056): wage determination appeal dismissed as premature
Yates Construction challenged a Davis-Bacon wage determination used for sewer improvement contracts in North Carolina. It asked the Wage and Hour Administrator to reconsider the rates, then petitioned the Board after months without a substantive answer. The Board noted that the Administrator had…
Coates v. Grand Trunk Western Railroad Co.
Coates v. Grand Trunk Western Railroad (DOL ARB 14-067): Attorney fees and costs affirmed
Coates had prevailed on his Federal Rail Safety Act retaliation complaint against Grand Trunk Western Railroad. The railroad appealed the judge's award of $190,272.50 in attorney fees and $5,840.93 in litigation costs. The Board found that the judge adequately explained the hourly rates, approved…
D.C. and U.S. Postal Service, Post Office, Macomb, MI
D.C. (ECAB 15-1214): Shoulder disease claim lacked work-specific medical rationale
D.C., a rural mail carrier, attributed a rotator cuff tear to postal work. The Board found that the supporting medical opinion did not accurately account for her schedule and specific duties. Without a reasoned explanation connecting those actual duties to the condition, causation was not proved…
R.W. and U.S. Postal Service, Post Office, Greensboro, NC
R.W. (ECAB 15-1001): Truck-vibration injury incident not established
R.W., a postal tractor-trailer operator, attributed back pain to truck vibration and a parking lot surface. The Board found that the account did not establish the claimed July 15, 2014 incident as alleged. Because the workplace incident was unproved, it did not reach medical causation. It affirmed…
R.S. and U.S. Postal Service, Post Office, Cleveland, OH
R.S. (ECAB 15-0988): Ongoing foot disability not established
R.S., a postal employee with an accepted left foot sprain, claimed continuing wage-loss compensation from August 14, 2014; the denial before the Board covered August 22 onward. The Board found insufficient medical evidence of total disability during that period. In a footnote, the Board said…
G.R. and U.S. Postal Service, Post Office, Davison, MI
G.R. (ECAB 15-0725): Lumbar and leg conditions lacked ratable impairment proof
G.R., a postal city carrier, sought a schedule award for impairment from accepted lumbar and lower-leg conditions. The Board found the medical evidence did not provide a valid permanent functional impairment rating under the applicable method. Without that proof, he had not established entitlement…
R.L. and Department of Justice, Federal Bureau of Prisons, La Tuna, TX
R.L. (ECAB 15-0115): Life-insurance overpayment amount requires notice
R.L., a correctional officer, received compensation without proper deductions for life insurance premiums. The Board agreed that an overpayment occurred. It found that OWCP had not clearly explained the calculation or given a proper preliminary determination of the amount. It remanded that…
S.B. and Department of the Army, White Sands Missile Range, NM
S.B. (ECAB 14-1672): Disability period requires more medical development
S.B., an Army accounting technician, sought total disability compensation for much of 2011 after accepted work conditions. The Board found that the medical record needed further development before those dates could be decided. It set aside OWCP's denial and directed a new decision after additional…
Phillips v. Norfolk Southern Railway Co.
Phillips v. Norfolk Southern Railway (DOL ARB 2015-0059): appeal dismissed after briefing order
Shannon Phillips appealed an administrative law judge's dismissal of his Federal Rail Safety Act complaint against Norfolk Southern Railway. The judge had dismissed the complaint because Phillips requested a hearing late and had filed the same matter in federal district court. The Board ordered…
L.M. and U.S. Postal Service, Bulk Mail Center, Memphis, TN
L.M. (ECAB 15-1026): One percent impairment of each leg upheld
L.M., a postal maintenance mechanic, sought higher impairment ratings after an accepted back injury. The Board found the medical adviser's one percent rating for each leg consistent with the applicable guide. There was no contrary qualifying rating in the record. It affirmed the awards.
G.M. and U.S. Postal Service, Post Office, City of Industry, CA
G.M. (ECAB 15-1003): Leg incident on mail route not established
G.M., a postal letter carrier, claimed a left leg and upper thigh injury on his route. The Board found that he had not established that the July 25, 2014 incident occurred as alleged. It therefore did not reach medical causation. The Board affirmed the claim denial.
B.C. and U.S. Postal Service, Post Office, Chicago, IL
B.C. (ECAB 15-0992): Neck injury did not prove extremity impairment
B.C., a postal mail clerk, sought a schedule award after an accepted neck injury from throwing letters. The Board found no adequate medical opinion establishing permanent impairment of an arm or leg caused by the accepted injury. The neck condition alone did not support an extremity award. It…
M.G. and U.S. Postal Service, Post Office, Philadelphia, PA
M.G. (ECAB 15-0900): Mail-tub back injury lacked causal rationale
M.G., a postal letter carrier, reported back pain after lifting a tub of mail. A physician said the event worsened lumbar radiculopathy but did not adequately explain the medical basis for that conclusion. The Board held that causation was not established by a reasoned opinion. It affirmed the…
A.B. and U.S. Postal Service, Post Office, Grand Rapids, MI
A.B. (ECAB 15-0785): Stairway knee claim not established
A.B., a postal city carrier, reported knee swelling after missing a stair step at work. The Board found that the record did not establish a compensable traumatic knee injury. It affirmed OWCP's denial on the evidence available for review. Later material was outside the Board's review of this…
D.C. and U.S. Postal Service, Post Office, Little Rock, AR
D.C. (ECAB 15-0754): Carpal tunnel claim not reopened
D.C., a postal machine operator, claimed carpal tunnel syndrome from repetitive keying. She later requested reconsideration of a denial. The Board found that her submission did not meet any regulatory ground for further merit review. It affirmed the refusal to reopen without deciding the disease…
T.M. and U.S. Postal Service, Post Office, Philadelphia, PA
T.M. (ECAB 14-1634): Back-injury benefits termination reversed
T.M., a postal clerk, received benefits for accepted thoracic and lumbar disc conditions and cervical and lumbar radiculopathy. OWCP terminated them based on a medical opinion that the Board found inadequately reasoned. Her treating physician continued to report residuals. Because OWCP had not met…
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.