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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American Federation of Government Employees, Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency)
AFGE Local 1547 and Luke Air Force Base (FLRA 0-NG-3143): Exchange access ruling left in place
The Air Force sought reconsideration of an Authority ruling about civilian employees' access to a satellite military exchange store at Luke Air Force Base. The earlier ruling required the agency to rescind its disapproval of a negotiated provision granting that access. The Authority denied…
American Federation of Government Employees, Local 3911, AFL-CIO (Union) and United States Environmental Protection Agency (Agency)
AFGE Local 3911 and EPA (FLRA 0-AR-5077): Transit subsidy retained during furloughs
EPA furloughed employees during a budget shortfall but kept a program that subsidized public transit fares. The union argued that maintaining the subsidy while furloughing staff violated the parties' agreement. An arbitrator denied the grievance and found EPA's response to it timely because the…
Matter of J-H-J-, Respondent
Matter of J-H-J- (BIA ID 3836): adjustment of status does not bar a section 212(h) waiver
The Board reviewed a Chinese respondent's removal case after he adjusted his status to lawful permanent resident in the United States and was later convicted of assault in the first degree, which he conceded was an aggravated felony. The Immigration Judge found him ineligible for an inadmissibility…
Erickson v. U.S. Environmental Protection Agency
Erickson v. EPA (DOL ARB 2015-0026 and 2015-0049): early appeals dismissed
Sharyn Erickson and the Environmental Protection Agency each appealed an administrative law judge's partial ruling in several environmental whistleblower complaints. The judge had found one reassignment allegation meritorious, dismissed other allegations, and reserved hostile work environment…
J.S. and Department of Homeland Security, Transportation Security Administration, Philadelphia, PA
J.S. (ECAB 15-0655): Increased impairment claim remanded
J.S., a Transportation Security Administration employee, sought a higher schedule award for permanent impairment of his right arm. OWCP treated his filing as an untimely request to reconsider its December 27, 2013 denial of an additional schedule award and denied it for lack of clear evidence of…
A.C. and Department of Veterans Affairs, Veterans Health Administration, Canandaigua, NY
A.C. (ECAB 15-0297): Work related stress claim denied
A.C., a Veterans Affairs lead police officer, claimed that workplace stress caused a medical condition. He described disputed transfers, personnel decisions, and alleged harassment, rather than stress from his regular duties. The Board found no sufficient evidence that the agency had erred or…
D.S. and Department of the Army, Individual Mobilization Augmentation Headquarters, Fort Dix, NJ
D.S. (ECAB 15-0227): Schedule award denial affirmed
D.S. sought a schedule award for permanent impairment from accepted work injuries. After earlier appeals and remands, an impartial orthopedic specialist reviewed the accepted conditions and found no ratable impairment of his arms or legs. The Board gave that opinion special weight because the…
E.F. and Department of Veterans Affairs, S.S. Stratton Veterans Medical Center, Albany, NY
E.F. (ECAB 15-0103): Compensation termination for refusing suitable work affirmed
E.F., a Veterans Affairs telephone operator, received compensation after a 1979 fall and accepted back injury. The agency offered her an information receptionist position with physical restrictions, but she did not accept it. The Board credited a second opinion physician’s reasoned assessment that…
G.M. and Department of Labor, Office of Workers’ Compensation, Dallas, TX
G.M. (ECAB 14-2057): Neurological injury claim denied after workplace fall
G.M., a Department of Labor claims examiner, fell at work in January 2008 and reported neurological symptoms afterward. He had sustained a serious spinal cord injury years earlier. The Board accepted that the workplace fall occurred but found that the medical opinions did not adequately establish…
G.E. and Department of Agriculture, Sequoia National Forest, Portersville, CA
G.E. (ECAB 14-1588): Wage earning capacity decision reversed
G.E., a Forest Service forestry technician, sought to change a compensation reduction based on her supposed ability to work part time as a telemarketer. She argued that the available jobs required travel beyond her medical driving restrictions. The Board found that the original wage earning…
National Labor Relations Board, Professional Association (Union) and National Labor Relations Board (Agency)
NLRB Professional Association and NLRB (FLRA 0-AR-5071): Selection process complied with agreement
The National Labor Relations Board selected an applicant from a second group of internal candidates for a position. The union argued that the selecting official had to accept or reject every candidate in the first group before considering anyone in the second. An arbitrator found that the official…
L.F. and U.S. Postal Service, New Jersey International Bulk Mail Center, Jersey City, NJ
L.F. (ECAB 15-0489): Schedule award denial and overpayment affirmed
L.F., a Postal Service mail handler, had received a schedule award for right leg impairment from an accepted back injury. Later examinations found no ratable impairment of either leg, and OWCP determined that the earlier award created a $27,965.52 overpayment. The Board upheld the medical finding…
D.D. and Department of the Army, Joint Munitions & Lethality Command, Tooele, UT
D.D. (ECAB 15-0193): Four percent hearing loss award affirmed
D.D., an Army fire chief, developed work related hearing loss from noise exposure and received a schedule award for four percent binaural impairment. He argued that the award should be higher and questioned the pay rate, the comparison with a single ear award, tinnitus, and hearing aids. The Board…
F.J. and U.S. Postal Service, Post Office, Los Angeles, CA
F.J. (ECAB 15-0610): Permanent impairment award denied
F.J., a Postal Service mail handler, sought a schedule award for permanent impairment from accepted neck, shoulder, and ankle injuries. Her physician rated whole person impairment from a cervical condition, but the Board explained that a schedule award cannot be paid for whole person impairment…
B.M. and U.S. Postal Service, Post Office, Kearny, NJ
B.M. (ECAB 15-0579): Refusal to reopen injury claim affirmed
B.M., a Postal Service mail clerk, claimed that repeatedly opening and closing heavy vehicle doors caused neck, back, and shoulder conditions. After OWCP denied her claim, she sought reconsideration and submitted an amended physician’s report. The Board found that the report largely repeated…
G.O. and Department of Labor, Mine Safety & Health Administration, Denham Springs, LA
G.O. (ECAB 15-0561): Hearing loss claim denied for lack of medical causation
G.O., a federal mine safety inspector, claimed that workplace noise caused his hearing loss. The Board acknowledged his exposure to noise but found the medical evidence did not connect it to his hearing condition. A second opinion physician noted hearing loss before his federal employment and found…
A.H. and U.S. Postal Service, Post Office, Powell, OH
A.H. (ECAB 15-0557): Termination of injury benefits reversed
A.H., a Postal Service rural mail carrier, received compensation after a work related vehicle accident injured her ankle, back, thigh, and abdomen. OWCP ended her wage loss and medical benefits based on reports from her treating physician. The Board found those reports inconsistent about her…
T.H. and U.S. Postal Service, Vehicle Mail Facility, Philadelphia, PA
T.H. (ECAB 15-0244): Wage capacity reduction left in place
T.H., a Postal Service mail truck operator with accepted psychiatric conditions, had his compensation reduced based on an assessed ability to work as a paralegal. He asked OWCP to change that determination, saying his condition and medication prevented him from working in the selected position. The…
CertainTeed Corporation
In re CertainTeed Corporation (EAB NPDES Appeal No. 15-01): permit review denied
CertainTeed Corporation operated a fiberglass and asphalt roofing-materials facility in Norwood, Massachusetts, that discharged to the Neponset River under an NPDES permit issued by EPA Region 1. The company challenged the timing of grab sampling, whole effluent toxicity testing requirements, and…
Matter of Margarita Del Pilar FITZPATRICK, Respondent
Matter of Margarita Del Pilar FITZPATRICK (BIA ID 3835): federal-election voting makes an alien removable without specific intent
The Board reviewed the removal case of a Peruvian respondent who became a lawful permanent resident, registered to vote in Illinois, and voted in a 2006 general election involving candidates for federal office. The Immigration Judge found her removable for voting in violation of federal law and for…
M.D. and Department of the Navy, Military Sealift Command, Military Ocean Terminal, Bayonne, NJ
M.D. (ECAB 15-0488): Arm impairment claim remanded for a new examiner
M.D. sought more than the 13 percent schedule award she had received for left arm impairment. The impartial examiner’s supplemental report gave conflicting accounts of whether he included her preexisting left elbow condition in the rating. The Board held that the report could not resolve the…
S.K. and U.S. Postal Service, Elkins Post Office, Elkins Park, PA
S.K. (ECAB 15-0384): Neck and shoulder injury denial affirmed
S.K., a Postal Service clerk, said she injured her neck, right shoulder, and arm while moving a skid of advertising mail in February 2012. The Board accepted that the work incident occurred but found that the medical evidence did not adequately link it to the claimed conditions. One physician…
R.B. and Department of Transportation, Federal Aviation Administration, Roanoke, VA
R.B. (ECAB 15-0257): Training related emotional condition claim denied
R.B., a Federal Aviation Administration air traffic control trainee, claimed that trainers’ conduct caused severe depression. He described harsh and belittling treatment and provided a witness statement supporting his account of harsh training. The Board held that an emotional reaction to training…
T.R. and Tennessee Valley Authority, Nuclear Power, Chattanooga, TN
T.R. (ECAB 14-1919): Pulmonary disease claim remanded for impartial review
T.R., a Tennessee Valley Authority boilermaker and welder, claimed that years of exposure to asbestos, coal dust, and fly ash caused pneumoconiosis. His physicians interpreted chest imaging as consistent with occupational pneumoconiosis, while OWCP’s referral physician found no work related…
H.M. and U.S. Postal Service, Processing & Distribution Center, Lake Mary, FL
H.M. (ECAB 14-1790): Rib injury claim denial affirmed
H.M., a Postal Service mail processing clerk, felt a pop in his chest while moving a tray of mail in May 2011. He had received treatment for a left rib problem before that incident. The Board accepted that the work incident occurred but found that the medical reports did not explain how it caused…
M.M. and U.S. Postal Service, Post Office, Phoenix, AZ
M.M. (ECAB 14-1497): Benefits termination and reopening refusal affirmed
M.M., a Postal Service city carrier, received benefits for accepted left shoulder and arm conditions. OWCP terminated wage loss and medical benefits effective May 22, 2013 after an impartial physician found no remaining work related disability or need for treatment. The Board gave that opinion…
David G. Newton-Sealey v. ArmorGroup Services (Jersey), Limited
Newton-Sealey v. ArmorGroup (BRB 14-0279): benefits bar reversed after UK settlement
David Newton-Sealey, a British security worker injured in Iraq, settled a UK lawsuit with three related ArmorGroup companies after receiving Defense Base Act payments. His carrier stopped paying, arguing that he had settled with a third party for less than his statutory benefits without prior…
McAllister v. Lee County Board of County Commissioners
McAllister v. Lee County (DOL ARB 15-011): Aviation whistleblower complaint dismissed as late
Arnold McAllister, a county helicopter pilot, said his employer eliminated his position after he reported concerns about aviation training and billing. He filed a whistleblower complaint with OSHA in December 2012, more than 90 days after the county notified him of his termination. He argued that…
J.P. and Department of Homeland Security, Transportation Security Administration, Rosemont, IL
J.P. (ECAB 15-0483): Back injury claim denied after bus door incident
J.P., a Transportation Security Administration lead officer, said a bus door closed against her as she got off, causing lower back pain. OWCP accepted that the incident happened. The Board found that her medical evidence described pain and spasm but did not give a firm diagnosis of an injury. Her…
H.I. and U.S. Postal Service, Post Office, Fort Worth, TX
H.I. (ECAB 15-0405): Arm impairment award modified for correct pay rate
H.I., a Postal Service carrier technician, received a schedule award for two percent right arm impairment from accepted carpal tunnel syndrome. He argued that his physician’s higher impairment rating and earlier date of maximum medical improvement should control. The Board upheld the two percent…
G.A. and Department of Defense, Defense Agencies, Fort Lee, VA
G.A. (ECAB 15-0161): Bank teller wage capacity finding left in place
G.A., a Defense Department cashier, received compensation for accepted neck, shoulder, and hand conditions. OWCP reduced her benefits based on an assessed ability to work as a bank teller, and she later sought to change that determination. The Board found that a later functional capacity evaluation…
C.M. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
C.M. (ECAB 14-1887): Emotional condition claim reopened for merit review
C.M., a Navy shipyard supervisor, claimed an emotional condition after a coworker died during work on a ship. OWCP denied the underlying claim and later refused to reopen it. On reconsideration, C.M. submitted Navy documents about her possible oversight role in the work involved. The Board found…
D.C. and Department of Veterans Affairs, Veterans Health Administration, Honolulu, HI
D.C. (ECAB 14-1312): Disability claim remanded for medical development
D.C., a Veterans Affairs nurse, was injured while helping restrain a patient in November 2009. OWCP accepted a lumbar strain and abrasions to both knees but denied disability compensation for a later period. The Board found that the second opinion physician had connected bilateral knee tears to the…
W.D. and Department of Health & Human Services, Centers for Disease Control & Prevention, Atlanta, GA
W.D. (ECAB 14-1196): Emotional condition claim reopened after agency error letter
W.D., a Centers for Disease Control and Prevention employee, claimed an emotional condition related in part to the handling of a promotion application. OWCP denied the claim and later refused to reopen it. W.D. submitted an agency letter acknowledging that it had incorrectly found her unqualified…
C.C. and Department of Justice, Alcohol, Tobacco, Firearms & Explosives, Washington, DC
C.C. (ECAB 15-0197): Back injury claim denied after suspect pursuit
C.C., a federal special agent, reported worsening back symptoms after pursuing and apprehending a suspect at work in March 2014. The Board accepted that the incident occurred but found that the medical reports did not adequately explain how it caused or aggravated his preexisting spine condition…
C.J. and Department of the Army, Kandahar Air Field, Kandahar, Afghanistan
C.J. (ECAB 15-0104): Knee injury wage loss termination affirmed
C.J., an Army social scientist in Afghanistan, tore a right knee ligament while lifting a duffel bag in 2012. OWCP ended her wage loss benefits after her treating and referral physicians found that she could return to her prior work without restrictions. The Board held that a possible need for…
R.B. and U.S. Postal Service, Post Office, Chesapeake, VA
R.B. (ECAB 14-2038): Additional right arm impairment award denied
R.B., a Postal Service employee, sought a larger schedule award for right arm impairment from a shoulder condition. A referral physician rated the impairment at 12 percent, but the Board found that calculation inconsistent with the applicable guide. OWCP’s medical adviser calculated six percent…
A.P. and U.S. Postal Service, Post Office, Salt Lake City, UT
A.P. (ECAB 14-1402): Customer service wage capacity finding reversed
A.P., a Postal Service clerk with accepted arm, shoulder, and other work related conditions, had his compensation reduced based on a supposed ability to work as a customer service representative. OWCP later changed that wage capacity determination based on new medical evidence. The Board found that…
C.M. and U.S. Courts, Office of the Federal Public Defender, Little Rock, AR
C.M. (ECAB 14-1302): Knee surgery denial upheld, wage loss termination reversed
C.M., a federal public defender’s office investigator, injured her left knee in a work fall and later sought another operation. The Board upheld OWCP’s refusal to authorize it because a properly selected impartial surgeon gave a reasoned opinion that further surgery would not help her arthritic…
A.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Fayetteville, NC
A.D. (ECAB 14-0253): Wage capacity and corrected pay rate affirmed
A.D., a Veterans Affairs nurse, received compensation for accepted neck and nerve conditions and later worked as a medical technician. OWCP used that job to determine her wage earning capacity and corrected a small error in the pay rate used for compensation. The Board agreed that her actual job…
Secretary of Labor v. Spartan Mining Company, LLC
Three-year individual-liability delay gets 90-day deadline
Five citations issued to Spartan Mining on the same day had remained stayed while the Secretary investigated whether to seek individual liability against a mine foreman under section 110(c). More than three years had passed since the citations, compared with MSHA's policy of normally issuing…
Sean Miller v. Savage Services Corporation
Harassment claim survives summary decision
Sean Miller alleged that Savage Services harassed and retaliated against him after he removed unsafe commercial vehicles from service and refused to operate an overweight or uncleared replacement truck. Savage sought summary decision, arguing that the MSHA complaint was late, no actionable adverse…
D.H. and Department of State, Bureau of Diplomatic Security, Washington, DC
D.H. (ECAB 15-0584): Knee injury wage loss claim remanded
D.H., a State Department courier, tore his right knee meniscus while moving a heavy crate at work. He sought wage loss compensation from December 2013 through April 2014, but OWCP denied the request. The Board found no medical support for total disability beginning in December, while medical…
E.M. and U.S. Postal Service, Post Office, South Burlington, VT
E.M. (ECAB 15-0469): New back injury claim denial affirmed
E.M., a Postal Service letter carrier with an earlier accepted back injury, reported increased back pain after lifting a mail tray in November 2013. The Board accepted that the lifting incident occurred but found no adequately reasoned medical link to a new or aggravated lumbar condition. His…
P.S. and U.S. Postal Service, Post Office, Hazelwood, MO
P.S. (ECAB 15-0448): Refusal to reopen recurrence claim affirmed
P.S., a Postal Service mail handler, sought to reopen a denied claim that her accepted neck and shoulder injuries had worsened. She told OWCP that she had worsening symptoms, nerve damage, and a need for treatment, but submitted no supporting medical evidence. The Board found that her request…
G.B. and U.S. Postal Service, Post Office, Oklahoma City, OK
G.B. (ECAB 15-0445): Increased leg impairment award affirmed
G.B., a Postal Service employee with an accepted lumbar injury, sought a larger schedule award for impairment of both legs. The Board relied on the medical adviser’s application of the impairment guides to clinical findings, finding 31 percent impairment in each leg. Because an earlier award had…
R.C. and U.S. Postal Service, Post Office, Tampa, FL
R.C. (ECAB 15-0315): Claim for back injury while moving mail hamper denied
R.C., a Postal Service rural carrier, said he hurt his lower back when a loaded mail hamper shifted as he pushed it in June 2013. OWCP accepted that the incident occurred. The Board found that his physicians did not adequately explain how the incident caused or aggravated a diagnosed lumbar…
A.B. and U.S. Postal Service, Post Office, Rivers Edge, NJ
A.B. (ECAB 15-0290): Injury claim returned after notice sent to wrong address
A.B., a Postal Service city carrier, claimed back and hip injuries after a traffic collision while delivering mail. OWCP mailed its evidence request and denial to an avenue address, although his claim form listed the same street number on a street. The Board found that he had not received proper…
G.C. and U.S. Postal Service, Main Post Office, Massapequa Park, NY
G.C. (ECAB 14-1943): Disability recurrence denial affirmed
G.C., a Postal Service letter carrier with accepted neck and shoulder conditions, claimed renewed disability beginning in March 2012. His physician attributed the worsening to new mail-casing work rather than a spontaneous deterioration of the accepted injuries. The Board also found that his…
K.H. and Department of the Navy, Puget Sound Naval Shipyard & Intermediate Maintenance Facility, Bremerton, WA
K.H. (ECAB 14-1824): Termination of carpal tunnel benefits affirmed
K.H., a Navy shipyard employee, disputed OWCP’s termination of benefits for accepted carpal tunnel syndrome. The Board found that OWCP’s second-opinion physician gave a supported account that her work-related condition had resolved and she could return without restrictions. It also found that her…
Ramco Erectors, Inc.
Repeat fall-protection item vacated for lack of employer knowledge
A Ramco Erectors employee fell about 28 feet from a building under construction in Spring, Texas and sustained a broken elbow and femur. The employee wore a harness and double lanyard and had proper attachment points available, but a gust lifted insulation and distracted him as he mistakenly…
Secretary of Labor v. Alden Resources, LLC
Fan, lifeline, examination, and dust violations bring $8,262
MSHA issued five citations at Alden Resources' low-seam underground coal mine after a rock-fall cleanup and later inspections. Judge Thomas P. McCarthy affirmed an S&S violation for failing to reactivate an automatic signal on a ventilation fan, assessing $1,026, but vacated a related recordkeeping…
S.M. and Department of the Navy, Naval Air Warfare Center Aircraft Division, Lakehurst, NJ
S.M. (ECAB 14-1668): Hearing loss award returned for tinnitus review
S.M., a Navy employee, challenged an eight percent binaural hearing loss schedule award. The Board accepted OWCP’s calculation of hearing impairment from audiogram results, but a later physician report raised whether tinnitus increased the impairment. It found that this new evidence required…
E.C. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution
E.C. (ECAB 15-0560): Neck injury claim and reopening refusal affirmed
E.C., a Bureau of Prisons employee, claimed a neck injury after bending to remove a note from her shoe and looking up at a supervisor. The Board accepted that the event happened but found the physicians had not explained how it caused her diagnosed neck conditions. Her later reconsideration request…
L.G. and U.S. Postal Service, Post Office, Sulphur Springs, TX
L.G. (ECAB 15-0394): FECA benefits terminated after fraud conviction
L.G., a Postal Service employee receiving FECA compensation, pleaded guilty in federal court to making false statements to obtain those benefits. The court accepted his plea on May 8, 2014. Under FECA’s fraud provision, the Board found that the conviction permanently barred further compensation. It…
C.B. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
C.B. (ECAB 15-0337): Shoulder claim returned for merit review
C.B., a Navy shipyard tile setter, asked OWCP to reconsider its denial of his left shoulder occupational disease claim. His new physician reports described the tile-setting work and explained how it contributed to shoulder impingement. The Board found those reports relevant to the causal issue…
I.G. and U.S. Postal Service, Post Office, Hartford, CT
I.G. (ECAB 15-0322): Phlebotomist wage capacity finding affirmed
I.G., a Postal Service employee, had received compensation for total disability after accepted wrist injuries. Medical evaluations found that she could work full time with restrictions, and vocational training prepared her for phlebotomy. A labor market survey found entry-level phlebotomist jobs…
J.F. and Department of Agriculture, Food & Nutrition Service, Alexandria, VA
J.F. (ECAB 15-0145): Termination of injury benefits reversed
J.F., a Department of Agriculture employee, challenged termination of benefits for accepted shoulder and spine conditions. OWCP’s second-opinion doctor said the conditions had resolved, while her treating physician found continuing back limitations and a need for treatment. The Board found an…
Y.R. and U.S. Postal Service, Post Office, Bedford Park, IL
Y.R. (ECAB 15-0123): Wage loss claim returned for a merit decision
Y.R., a Postal Service employee, asked OWCP to decide a wage-loss claim covering February 2010 through February 2011. OWCP treated her letter as an untimely reconsideration request about an older recurrence ruling. The Board found that she was seeking a decision on a compensation claim OWCP had…
J.H. and U.S. Postal Service, Post Office, Denver, CO
J.H. (ECAB 15-0058): Disability recurrence claim denied
J.H., a Postal Service employee on limited duty, sought wage-loss compensation after stopping work in January 2014. He attributed worsening symptoms to current work activity and described conflict with management. The Board found no proof that his accepted conditions had spontaneously worsened or…
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.