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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M.A. and U.S. Postal Service, Post Office, Harrisburg, PA
M.A. (ECAB 15-0381): Back condition lacked medical causation evidence
M.A., a Postal Service clerk, attributed a back condition to repeated work on a mail sorting machine. The Board found that a chiropractor’s report did not qualify as physician evidence because x-rays did not establish a subluxation. Another doctor described the work but did not explain how it…
J.J. and U.S. Postal Service, Post Office, Edison, NJ
J.J. (ECAB 15-0359): Hand injury claim sent back for combined record
J.J., a Postal Service employee, claimed a bilateral hand condition and linked it to an earlier accepted workplace injury. OWCP evaluated the current filing as a new injury without combining it with the earlier claim file. The Board found that the combined record was needed to decide whether he had…
A.H. and Department of Veterans Affairs, Bronx Veterans Administration Hospital, Bronx, NY
A.H. (ECAB 15-0241): Benefit suspension and overpayment recovery upheld
A.H., a Veterans Affairs employee, failed to return a requested Form CA-1032 on time. The Board upheld suspension of his compensation and found that he received an $11,374.96 overpayment. Although he was not at fault, the Board upheld OWCP’s denial of waiver and its recovery of $100 a month from…
L.S. and Department of the Army, U.S. Army Corps of Engineers, Charleston, SC
L.S. (ECAB 15-0132): Compensation claim filed too late
L.S., an Army Corps employee, challenged OWCP’s finding that his compensation claim was late. The Board found that he had not filed within FECA’s applicable time limits. His lack of awareness of the filing rule did not excuse the delay. It affirmed the denial.
B.M. and Department of Agriculture, Food Safety & Inspection Service, Brooklyn, NY
B.M. (ECAB 15-0110): Late reconsideration request denied
B.M., an Agriculture Department employee, asked OWCP to reconsider a denied injury claim after the one-year filing period. The Board found that his arguments about alleged workplace exposure did not show clear evidence that OWCP’s earlier decision was wrong. It affirmed the refusal to conduct a…
H.H. and Department of the Air Force, USAF Printing Plant, Washington, DC
H.H. (ECAB 15-0059): Overpayment fault ruling partly set aside
H.H., an Air Force employee, received a $102,055.87 compensation overpayment. The Board upheld the overpayment and found him at fault for payments after the first incorrect direct deposit. It found him without fault for the first payment period, set aside that part of OWCP’s ruling, and remanded…
B.J. and U.S. Postal Service, Post Office, Crown Point, IN
B.J. (ECAB 14-1810): Recurrence and wage loss claims denied
B.J., a Postal Service employee, sought compensation for a claimed recurrence of disability and later wage loss. The Board found that the record did not establish disability beginning May 15, 2013 or entitlement to wage loss beginning November 23, 2013. It also upheld OWCP’s denial of her request…
D.S. and U.S. Postal Service, Darlington Station, Pawtucket, RI
D.S. (ECAB 14-1624): Knee fall before union meeting was outside duty
D.S., a postal clerk, fell on the Postal Service premises while arriving for a union-called accommodation meeting on a day she was not scheduled to work. The Board found that the meeting concerned a nonwork condition, was not required by her employer, and did not substantially benefit it. Being on…
J.W. and U.S. Postal Service, Post Office, St. Louis, MO
J.W. (ECAB 15-0375): Back condition occupational claim denied
J.W., a Postal Service carrier, attributed a back condition to repeated work duties. The Board found that the medical record did not establish a diagnosed occupational disease caused or aggravated by those duties. Reports from a physical therapist could not supply the required physician evidence…
C.I. and Department of the Air Force, Robins Air Force Base, GA
C.I. (ECAB 15-0301): Late reconsideration request denied
C.I., an Air Force employee, asked OWCP to reconsider termination of compensation after his guilty plea to fraud in obtaining benefits. The Board found his request was late and that his arguments about financial difficulty did not show clear error in the termination decision. It affirmed OWCP’s…
G.M. and Department of Education, Office for Civil Rights, Kansas City, MO
G.M. (ECAB 15-0279): Back injury claim after vehicle incident denied
G.M., an Education Department employee, reported low back symptoms after a government vehicle struck a pole. OWCP accepted the incident, but the Board found that the medical reports identified pain rather than a compensable diagnosis, and the chiropractor’s subluxation finding lacked x-ray support…
R.C. and Department of Defense, Hanau Military Community, Hessen, Germany
R.C. (ECAB 15-0264): Wrist and tailbone impairment award denied
R.C., a Defense Department worker, sought a schedule award after accepted left wrist strain and tailbone contusion. The Board found no medical evaluation rating permanent impairment from those conditions under the required guide. It affirmed the denial of a schedule award.
G.E. and Department of Homeland Security, U.S. Secret Service, Washington, DC
G.E. (ECAB 15-0242): Claim not reopened without new evidence
G.E., a Secret Service officer technician, sought reconsideration after OWCP denied a claim for an arm injury while maneuvering a police motorcycle. OWCP received an appeal form and a copy of its prior decision, but no new supporting evidence or relevant legal argument. The Board affirmed OWCP’s…
G.K. and Department of the Navy, Naval Air Warfare Center Aircraft Division, Lakehurst, NJ
G.K. (ECAB 15-0224): Leg impairment award denied
G.K., a Navy carpenter, sought a schedule award for leg impairment from accepted lumbar and coccyx injuries. The Board gave weight to an impartial examiner’s finding of no ratable leg impairment. A later report relying on older data did not overcome that opinion or create a new medical conflict…
G.A. and U.S. Postal Service, Post Office, New Orleans, LA
G.A. (ECAB 15-0095): Overpayment calculation sent back for explanation
G.A., a part-time letter carrier, challenged OWCP’s finding that it had overpaid his wage-loss compensation. OWCP reduced the weekly pay rate used for compensation but did not adequately explain or document why it changed the rate or how it calculated the asserted overpayment. The Board set aside…
G.P. and U.S. Postal Service, Downtown Station, Trenton, NJ
G.P. (ECAB 14-1583): Carpal tunnel claim lacked medical link
G.P., a Postal Service letter carrier, attributed left carpal tunnel syndrome to repetitive mail handling. The Board found that the submitted medical opinions did not adequately explain how the specific duties caused or aggravated the condition. It affirmed OWCP’s denial of the occupational disease…
Secretary of Labor v. Pocahontas Coal Company, Inc.
Economic-harm testimony excluded from pattern case
MSHA placed Pocahontas Coal Company's Affinity Mine on a pattern of violations and later issued withdrawal orders, six of which were included in this docket. Pocahontas sought testimony from Gary Chilcot about economic harm caused by stopping production under the pattern notice. Judge Margaret A…
Secretary of Labor v. Kerneos, Inc.
MSHA jurisdiction upheld at specialty cement plant
MSHA issued citations at Kerneos' Chesapeake Plant, which makes specialty calcium aluminate cement from alumina and quicklime. Kerneos argued that OSHA, not MSHA, had jurisdiction because the plant did not extract minerals and used materials already processed elsewhere. Judge L. Zane Gill held that…
S.S. and Department of Homeland Security, Immigration & Customs Enforcement, Los Angeles, CA
S.S. (ECAB 15-0429): Impairment claim not reopened
S.S., an Immigration and Customs Enforcement agent, sought reconsideration of a denied schedule award following an accepted vehicle accident. The Board found that his submission offered no pertinent new evidence or argument that warranted another merit review. It affirmed OWCP’s refusal to reopen…
J.D. and Department of the Army, Tank Automotive & Armaments Command, Anniston, AL
J.D. (ECAB 15-0363): Higher right arm impairment award denied
J.D., an Army mechanic inspector, sought more schedule award compensation for an accepted right shoulder injury. The Board found no reasoned medical report establishing more than the 12 percent permanent right arm impairment already awarded. It affirmed OWCP’s decision.
V.E. and Department of Veterans Affairs, Veterans Health Administration, New York, NY
V.E. (ECAB 15-0340): Overpayment recovery upheld
V.E., a Veterans Affairs employee, challenged OWCP’s overpayment decision. The Board upheld the $54,892.63 overpayment, denial of waiver, and recovery by deducting $735.30 from continuing compensation every 28 days. It affirmed OWCP’s decision.
A.C. and U.S. Postal Service, Main Post Office, Ellicott City, MD
A.C. (ECAB 15-0307): Left leg impairment award denied
A.C., a Postal Service letter carrier, sought a schedule award for left leg impairment after accepted back, hip, and ankle injuries from a vehicle accident. The Board found that her impairment evaluation did not follow the required guide and the other medical evidence did not establish ratable…
L.R. and Department of Health & Human Services, Centers for Medicare & Medicaid Services, Rockville, MD
L.R. (ECAB 15-0255): Workplace fall claim sent back for fact finding
L.R., a Health and Human Services employee, fell at work and sought injury compensation. The Board found that OWCP needed more facts about the location, timing, and circumstances of the fall before it could determine whether the injury arose in the performance of duty. It set aside the denial and…
L.T. and U.S. Postal Service, Post Office, Charlotte, NC
L.T. (ECAB 15-0254): Lumbar occupational claim denied
L.T., a Postal Service carrier, attributed a lumbar condition to work duties such as walking and climbing. The Board found that the record lacked a reasoned medical opinion connecting a diagnosed condition to the accepted work factors. It affirmed denial of the occupational disease claim.
S.P. and U.S. Postal Service, Post Office, Edison, NJ
S.P. (ECAB 15-0225): Old contusions did not support impairment award
S.P., a Postal Service letter carrier, sought a schedule award more than two decades after an accepted back and right leg contusion. The Board found that the evidence did not establish a ratable permanent impairment attributable to the accepted injuries. It affirmed OWCP’s denial of the award.
L.C. and U.S. Postal Service, Post Office, Winterville, NC
L.C. (ECAB 15-0216): Late reconsideration request denied
L.C., a Postal Service rural carrier, sought reconsideration of a denied claim arising from a work vehicle accident. The Board found that her request was untimely and did not show clear evidence of error in the prior decision. It affirmed OWCP’s refusal to reopen the claim.
B.W. and Department of the Army, Army National Guard, Colchester, VT
B.W. (ECAB 14-1937): Back injury claim lacked medical link
B.W., an Army National Guard supply technician, reported back and leg pain after handling supply cabinets at work. The Board found that the medical reports did not adequately explain how the reported activity caused a diagnosed injury. It affirmed OWCP’s denial of the traumatic injury claim.
Secretary of Labor v. Newmont USA Limited
Barricade violation affirmed, S&S finding vacated
Newmont shut off an auxiliary fan and tied off ventilation bags in two headings at its Midas gold mine, leaving ropes and signs stating that a heading inspection was required. The Commission affirmed that the headings were unventilated and that ropes and signs that did not prohibit entry failed to…
Secretary of Labor v. Jim Walter Resources, Inc.
Roof-control violation reinstated after fatal fall
A miner performing ventilation work at Jim Walter Resources' No. 7 underground coal mine was fatally injured when roof rock fell near an earlier roof fall. The parties disputed whether he was beneath its unsupported edge or in the supported area nearby. An ALJ vacated MSHA's citation after finding…
Geason Enterprises, L.L.C., GE Ventures, L.P., Hammerhead Off-Road, Inc., TJ Power Sports L.L.C., Shanghai Howhit Machinery Manufacture Co., Ltd., and Shanghai Tong Jian Sports Equipment Co., Ltd.
In re Geason Enterprises, L.L.C., et al. (EAB CAA Appeal No. 15-01C): Consent Agreement ratified
Geason Enterprises, L.L.C., GE Ventures, L.P., Hammerhead Off-Road, Inc., TJ Power Sports L.L.C., Shanghai Howhit Machinery Manufacture Co., Ltd., and Shanghai Tong Jian Sports Equipment Co., Ltd. resolved an EPA Clean Air Act matter through a Consent Agreement. The Environmental Appeals Board…
Secretary of Labor v. Rhino Eastern, LLC
Final penalty assessment reopened
Rhino Eastern said it timely mailed a contest of a proposed penalty assessment, but MSHA had no record of receiving it and the assessment became final. Rhino also added a second level of oversight to its contest process to prevent future filing failures, and the Secretary did not oppose reopening…
Secretary of Labor v. Petro Chemical Insulation, Inc.
Timely penalty contest sent back for proceedings
MSHA marked Petro Chemical Insulation's penalty assessment delinquent after an agency error made it appear that Petro had missed the 30-day contest deadline. The record showed that Petro mailed its contest on May 30, 2014, and MSHA received it on June 2, the date the assessment otherwise would have…
Raymond Babick v. Todd Pacific Shipyards Corporation
Babick v. Todd Pacific Shipyards (BRB 14-0177): retaliation finding returned for review
Todd Pacific Shipyards suspended worker Raymond Babick for three days after he reported a back injury and filed a compensation claim. An administrative law judge found the suspension retaliatory and awarded back pay plus a penalty. The Board held that the employer had produced evidence of a reason…
Quandel Construction Group, Inc.
Attorney-fee application denied despite citation victory
Quandel prevailed in the underlying case when the judge vacated an aerial-lift fall-protection citation based on unpreventable employee misconduct. It then sought $8,929 in attorney fees under the Equal Access to Justice Act. The judge denied the application because OSHA had photographic evidence…
American Federation of Government Employees, Local 1164 (Union) and Social Security Administration, Worcester Field Office, Worcester, Massachusetts (Agency)
AFGE Local 1164 and SSA Worcester field office (FLRA 0-NG-3179): Reconsideration of workload ruling denied
The Social Security Administration changed interview assignments at its Worcester field office. The union proposed that employees not be held responsible for workload problems caused by the change. The Authority had ruled that the proposal interfered too much with management's ability to direct and…
Secretary of Labor v. Tata Chemicals (Soda Ash) Partners
Staffing error excused and assessment reopened
Tata Chemicals missed a penalty-contest deadline while its usual contest manager was on medical leave, the manager's assistant had been reassigned, and an inexperienced replacement misunderstood two assessment packages from the same inspection. Tata discovered the error, moved to reopen less than a…
Secretary of Labor v. Brand Energy & Infrastructure Services
Misrouted assessment reopened
Brand Energy's counsel contested the underlying citation but did not receive the later penalty assessment because MSHA sent it to the company's Georgia address rather than its California regional office. The assessment became final even though delivery was acknowledged at the address of record…
Secretary of Labor v. N.A. Degerstrom, Inc.
Claimed timely contest supports reopening
N.A. Degerstrom said it timely contested a proposed penalty assessment, although MSHA had no record of receiving the contest and the assessment became final. The company moved to reopen immediately after receiving a delinquency notice, and the Secretary did not oppose relief. In the interest of…
United States Department of the Navy, Navy Undersea Warfare Center, Keyport, Washington (Agency) and International Association of Machinists and Aerospace Workers, Local Lodge 282, AFL-CIO (Petitioner/Exclusive Representative)
Navy Undersea Warfare Center Keyport and IAM Local 282 (FLRA SF-RP-14-0008): Bargaining-unit exclusions upheld
IAM Local 282 asked to include several Navy Undersea Warfare Center employees in its professional bargaining unit. A regional director excluded nine engineers as supervisors because they regularly used independent judgment to assign work, and excluded a strategic planner as a confidential employee…
Secretary of Labor v. LCT Energy, LP
Clerical error corrected through reopening
LCT Energy missed the deadline to contest part of a proposed penalty assessment because of a clerical error, while timely paying the citations it did not dispute. The company changed its procedures and moved to reopen shortly after receiving a delinquency notice, and the Secretary did not oppose…
Secretary of Labor v. Freeport-McMoran Chino Mines Company
Two-day-late contest reopened
Freeport-McMoran Chino Mines missed a penalty-contest deadline while its health and safety manager was outside the country on company business. The company attempted to file the contest two days late, and the Secretary did not oppose reopening. In the interest of justice, the Commission reopened…
R.M. and U.S. Postal Service, Post Office, Des Moines, IA
R.M. (ECAB 15-0040): One percent leg impairment award upheld
R.M., a postal carrier, injured his left knee when he slipped on snow at work. OWCP awarded compensation for one percent permanent impairment of his left leg after knee surgery. He argued that the award did not account for arthritis. The Board found that his treating surgeon gave no impairment…
S.H. and U.S. Postal Service, Post Office, Memphis, TN
S.H. (ECAB 14-1574): Wage loss claim for 2007 to 2008 denied
S.H., a postal employee, sought wage loss compensation for June 16, 2007 through July 31, 2008 after several work related conditions were accepted. The Board found that her physicians had not adequately explained how those conditions caused disability throughout the claimed period. Acceptance of…
Y.L. and U.S. Postal Service, Chester Post Office, Chester, PA
Y.L. (ECAB 14-1337): Termination of back injury benefits upheld
Y.L., a postal carrier, received benefits for a work related lumbar sprain. OWCP terminated her wage loss and medical benefits after a second opinion physician found no remaining effects from that accepted condition. The Board found his opinion well supported. Her treating physician had not…
W.J. and U.S. Postal Service, Post Office, Alexandria, VA
W.J. (ECAB 14-0856): Claimed recurrence of disability denied
W.J., a postal carrier, had accepted hip, thigh, sacrum, and buttock injuries after a fall on his route. He later claimed a recurrence of total disability beginning February 27, 2013. The Board found no independent evidence that his duties had been expanded beyond his restrictions. It also found no…
J.P., widow of E.P., and Department of Energy, Bonneville Power Administration, Portland, OR
J.P., widow of E.P., (ECAB 14-0403): Survivor benefits claim returned for impartial medical opinion
J.P. sought survivor benefits after her husband, a federal lineman, died. OWCP had accepted an aggravation of his coronary disease as part of an earlier work injury, but medical opinions disagreed about whether a work related condition contributed to his death. The Board found a conflict between…
American Federation of Government Employees, SSA General Committee (Union) and Social Security Administration, Baltimore, Maryland (Agency)
AFGE SSA General Committee and Social Security Administration (FLRA 0-NG-3221): Most space heater proposals require bargaining
After small fires involving personal space heaters, the Social Security Administration barred most heaters, and the union proposed procedures and alternatives. The Authority ordered bargaining over replacement devices, approved-heater lists, and parts of a procedure for employees to seek permission…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and Air Traffic Controllers Association (FLRA 0-AR-5067): Drug testing lists due when available
The FAA conducted random drug tests of employees in sensitive positions and waited about a month to give the union requested annotated test lists. An arbitrator found that the lists, which contained no privacy data requiring removal, were available at the end of each testing day and ordered the…
American Federation of Government Employees, Local 3652 (Union) and United States Department of Justice, Federal Bureau of Prisons, Metropolitan Correctional Center, Chicago, Illinois (Agency)
AFGE Local 3652 and Chicago correctional center (FLRA 0-AR-5059): Pre-shift overtime grievance denied
Correctional center employees sought overtime under the Fair Labor Standards Act for activities before and after scheduled shifts. An arbitrator reviewed testimony and video evidence and found that check-in, optional battery pickup, and general alertness on entering the prison did not start a…
Secretary of Labor v. Remington, LLC
Truck-safety settlement reduction denied
The Secretary proposed reducing $8,325 in penalties to $4,163 for two citations involving a loaded coal truck that rolled backward and overturned, causing a lost-time injury to its driver. The post-accident investigation found six of ten brakes inoperable and a disconnected seat-belt tether…
L.T. and Department of Health & Human Services, National Institutes of Health, Bethesda, MD
L.T. (ECAB 15-0423): Schedule award denied for unsupported arm rating
L.T., a former housekeeping aide, sought a schedule award after an accepted shoulder strain and cervical disc herniation. Her physician used a spine table to calculate whole person impairment, then stated an arm impairment percentage without explaining the change. The Board found that his report…
C.H., widow of L.H., and Department of the Navy, Naval Shipyard, Long Beach, CA
C.H., widow of L.H., (ECAB 15-0240): Survivor benefits denial affirmed
C.H. sought survivor benefits after her husband, a Navy shipyard boilermaker with an accepted back injury, died. The Board relied on an impartial physician’s explanation that his death from heart disease and diabetes was not caused by the earlier back injury. It found no proven causal link between…
E.H. and Department of the Navy, Marine Depot Maintenance Command, Albany, GA
E.H. (ECAB 15-0232): Late reconsideration refusal affirmed
E.H., a Navy materials expediter, sought reconsideration of a denied respiratory disease claim more than one year after OWCP’s merit decision. The Board found the request untimely and found that his submission did not clearly show error in the earlier denial. It affirmed OWCP’s refusal to reopen…
T.A. and U.S. Postal Service, Post Office, Macon, GA
T.A. (ECAB 15-0214): Additional arm impairment award denied
T.A., a postal employee, previously received schedule awards totaling 13 percent impairment of his left arm. He sought an additional award but did not submit a current impairment evaluation using the required rating guide. The Board found that an MRI scan alone did not provide an impairment rating…
R.M. and U.S. Postal Service, Post Office, Bellmawr, NJ
R.M. (ECAB 15-0070): Disability recurrence claim denied
R.M., a postal carrier, claimed total disability beginning December 12, 2011 after accepted shoulder, back, and neck sprains. Her physicians also diagnosed cervical radiculopathy, which OWCP had not accepted. The Board found that their reports did not explain which restrictions came from the…
T.G. and Department of Agriculture, Forest Service, Gila National Forest, Albuquerque, NM
T.G. (ECAB 14-1755): Training injury claim and reconsideration refusal affirmed
T.G., a Forest Service technician, reported severe back pain while away at job training. The Board found that he had not described a specific training incident that caused or aggravated an injury, despite OWCP’s request for details. His later reconsideration submission did not add relevant facts or…
J.L. and U.S. Postal Service, Post Office, Rochester, MN
J.L. (ECAB 14-0898): Schedule award overpayment and fault upheld
J.L., a postal employee, kept receiving schedule award payments after the award period ended. The Board upheld OWCP’s finding of a $104,428.67 overpayment for October 30, 2010 through March 9, 2013. It also upheld a fault finding because the award notice specified its end date and he knew or should…
N.Y. and U.S. Postal Service, Post Office, Houston, TX
N.Y. (ECAB 12-0886): Emotional condition claim denied
N.Y., a postal employee, attributed an emotional condition to alleged assignments outside her physical restrictions and mistreatment by supervisors. The Board found that she had not substantiated work beyond her restrictions or shown error or abuse in the personnel actions she described. Because…
United States Department of the Air Force, 37th Mission Support Group, 37th Services Division, Lackland Air Force Base (Agency) and American Federation of Government Employees, Local 1367 (Union)
Air Force Lackland Base and AFGE Local 1367 (FLRA 0-AR-5069): Removal award outside Authority jurisdiction
An Air Force housekeeper missed work after her requests for leave were denied. The agency treated her absence as a resignation, but an arbitrator found that she had been terminated and ordered reinstatement with the termination changed to a 60-day suspension. The agency asked the Authority to set…
J.E. and Department of the Army, Red River Army Depot, Texarkana, TX
J.E. (ECAB 15-0333): Hearing loss claim denied for lack of exposure details
J.E., an Army depot employee, claimed that workplace noise caused hearing loss. He referred to blower motors and loud noise but did not supply the requested history of his jobs or details about the noise sources and exposure. The Board held that the missing factual account prevented evaluation of…
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.