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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S.B. and U.S. Postal Service, Post Office, Odessa, FL
S.B. (ECAB 14-1703): Medical opinions support ending injury benefits
A postal distribution clerk sustained accepted injuries after falling at work. OWCP later ended her wage-loss and medical benefits after obtaining opinions on her orthopedic conditions and kidney, liver, and urinary conditions. The Board gave special weight to the impartial orthopedic examiner's…
J.Q. and U.S. Postal Service, Loading & Distribution Center, Kearney, NJ
J.Q. (ECAB 14-1623): Conflicting impairment ratings require a new decision
A postal mail handler received a schedule award for four percent permanent impairment of his right leg. His examining physician rated the impairment at six percent, and an OWCP medical adviser gave both four and six percent ratings in the same report. OWCP asked the adviser to clarify the…
Secretary of Labor v. Solar Sources, Inc.
Towable water pumps require fire extinguishers
MSHA cited Solar Sources after inspectors found towable wheeled water pumps at two surface coal mines without portable fire extinguishers. The Commission disagreed with the ALJ's conclusion that “mobile equipment” had a clear meaning under 30 C.F.R. § 77.1109(c)(1). It found the term ambiguous…
Lawrence Pendley v. Highland Mining Co. and James Creighton
Interference with miners' representative rights established
Lawrence Pendley alleged that Highland Mining and employee James Creighton interfered with his duties as a miners' representative. Judge Kenneth R. Andrews found that Creighton's repeated confrontational conduct near Pendley and MSHA inspectors reasonably tended to interfere with Pendley's…
Matter of Oshane Shaneil CROSS, Respondent
Matter of Oshane Shaneil CROSS (BIA ID 3826): Jamaican birth law supported derivative citizenship
The Board reviewed the removal order of a Jamaican-born respondent whose father became a United States citizen while the respondent was a lawful permanent resident in his father's custody. The Board held that a person born out of wedlock can qualify as a legitimated child for derivative citizenship…
E.Z. and U.S. Postal Service, Post Office, Pittsburgh, PA
E.Z. and U.S. Postal Service (ECAB 15-0046): Refusal to reopen injury claim affirmed
E.Z., a postal mail handler, asked OWCP to reconsider a denied claim that repetitive sorting caused cubital tunnel syndrome. He submitted parts of a physician’s 2012 report that he said OWCP had not previously considered. The Board found that OWCP had already received the report and that the…
N.S. and Department of Education, Office for Civil Rights, Washington, DC
N.S. and Department of Education (ECAB 14-2081): Benefit overpayment and recovery upheld
N.S., a former Department of Education employee, received workers’ compensation and a federal-service portion of Social Security benefits during the same period. The Board upheld OWCP’s calculation of a $10,477.27 overpayment. Although OWCP found her without fault, the Board upheld denial of a…
G.H. and Department of the Navy, Marine Corps, Camp Lejeune, NC
G.H. and Department of the Navy (ECAB 14-2077): $80,537.26 overpayment finding upheld
G.H., a Marine Corps employee, received partial disability compensation after a back injury while working four hours a day. She later moved to a full-time job earning more than she earned before the injury, but OWCP continued making partial disability payments. The Board upheld the $80,537.26…
S.T. and U.S. Postal Service, Post Office, Mill Creek, WA
S.T. and U.S. Postal Service (ECAB 14-2060): Right knee claim denial affirmed
S.T., a postal supervisor, claimed that walking and standing at work caused a right knee condition. The Board accepted that he walked during his duties. One physician said the cause of his knee findings was uncertain, and another did not give a firm diagnosis or explain a work connection. The Board…
H.L. and Department of Labor, Office of Workers’ Compensation Programs, Washington, DC
H.L. and Department of Labor (ECAB 14-1891): Existing impairment awards upheld
H.L., an OWCP employee, sought a greater schedule award for impairment related to accepted neck and back conditions. Her physician rated her right arm at 21 percent and left leg at 15 percent, but the Board found that his report lacked measurements needed to support those ratings under the…
Matter of Martin CHAIREZ-Castrejon, Respondent
Matter of Martin CHAIREZ-Castrejon (BIA ID 3825): circuit law controls divisibility of a firearm offense
The Board reconsidered the removability of a Mexican lawful permanent resident convicted in Utah of discharging a firearm toward a person. The Board held that Immigration Judges must follow the controlling law of the relevant federal circuit when deciding whether an aggravated felony statute is…
Secretary of Labor v. Bob Bak Construction
Default reopening request remanded for fact finding
Bob Bak Construction asked the Commission to reopen an $86,400 default penalty proceeding, explaining that its owner misunderstood the process after timely contesting the proposed assessment. The Secretary opposed reopening because the request came two years after the show-cause order. Commission…
J.S. and U.S. Postal Service, Post Office, Tucson, AZ
J.S. and U.S. Postal Service (ECAB 15-0084): Refusal to reopen knee award claim upheld
J.S., a postal letter carrier, sought a higher award than the two percent right leg impairment OWCP had previously recognized. He asked OWCP to reconsider, relying on his physician’s repeated five percent rating. The Board found that the newer report still did not explain that rating under the…
R.B. and Department of the Interior, Fish & Wildlife Service, Soldotna, AK
R.B. and Fish & Wildlife Service (ECAB 15-0069): Injury claim denial affirmed
R.B., a Fish & Wildlife Service law enforcement officer, fell while unloading a snow machine at work and claimed a hip injury. OWCP accepted that the incident occurred as described. The only medical reports he submitted were from a chiropractor, who diagnosed spinal subluxation but had not taken an…
A.P. and U.S. Postal Service, Fleetwood Station, Houston, TX
A.P. and U.S. Postal Service (ECAB 14-2066): Recurrence of disability claim denied
A.P., a postal letter carrier with accepted back conditions, returned to a modified job before claiming a recurrence of total disability. Her surgeon took her off work after an examination, but did not explain whether the accepted conditions had materially changed or why she could not perform…
C.S. and Department of the Air Force, Air Force National Guard, Fort Dix, NJ
C.S. and Air Force National Guard (ECAB 14-2065): Knee injury claim denial affirmed
C.S., an aircraft fuel systems mechanic, slipped on fuel at work and twisted his left knee. OWCP accepted that the incident occurred, and imaging later showed a partial patellar tendon tear. The Board found that the medical report did not identify a specific condition and that no physician…
M.H. and U.S. Postal Service, Post Office, Philadelphia, PA
M.H. and U.S. Postal Service (ECAB 14-2052): Three percent right arm award upheld
M.H., a postal worker with accepted right hand and wrist conditions, sought a higher schedule award for her right arm. Her physician rated six percent impairment; an OWCP referral physician and medical adviser rated three percent. The Board found that the medical adviser reviewed the relevant…
R.W. and Department of Agriculture, Animal Plant Health Inspection Service, Raleigh, NC
R.W. and Department of Agriculture (ECAB 14-1890): Emotional condition claim denial upheld
R.W., a federal budget analyst, claimed that work caused or worsened several emotional and physical conditions. An earlier Board ruling accepted that he worked overtime in evenings and sometimes on weekends. Here the Board found no reasoned opinion from a qualified physician connecting that…
S.E. and Department of Veterans Affairs, Iliana Healthcare System, Danville, IL
S.E. and Department of Veterans Affairs (ECAB 14-1785): Arm injury claim denial affirmed
S.E., a Veterans Affairs nursing assistant, reported left arm pain while helping turn a patient at work. OWCP accepted that the incident occurred, and her physician diagnosed left carpal tunnel syndrome. The Board found that his reports did not explain how that incident caused or worsened the…
TC. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
TC. and Department of Veterans Affairs (ECAB 14-1406): Back claim denial and knee benefit termination upheld
A Veterans Affairs nurse claimed that a 2011 bed-raising incident injured his back as well as his left knee. OWCP accepted left knee tendinitis but did not accept a lumbar condition. The Board found that the medical reports did not adequately explain a causal link between the incident and a…
Secretary of Labor v. Kingstown Corporation
Default reopened and case remanded
The Secretary asked the Commission to reopen Kingstown Corporation's defaulted penalty case. Kingstown had been negotiating a global settlement covering several consolidated cases, and the presiding judge knew of those negotiations. The operator apparently believed that it did not need to answer a…
Secretary of Labor v. Pete Lien & Sons, Inc.
Default vacated after answer was misidentified
Pete Lien & Sons asked the Commission to reopen a penalty case that had defaulted after the company did not appear to answer the Secretary's penalty petition. The operator said it had submitted an answer before the deadline, but a typographical error gave the wrong docket and case numbers, which it…
Secretary of Labor v. Medina Crushed Stone, Inc.
Defaults set aside because show-cause orders were not received
Medina Crushed Stone asked the Commission to reopen two defaulted penalty cases after documents were sent to a former employee and the company that had bought its portable crushing plant. Medina had also paid $3,300 after receiving a correctly addressed delinquency notice, believing that payment…
M.F. and Department of Transportation, Federal Aviation Administration, Atlantic City, NJ
M.F. and Federal Aviation Administration (ECAB 15-0064): Emotional injury claim denial affirmed
M.F., an air traffic controller, sought compensation for a psychological injury after a plane he was guiding crashed with fatalities. The Board accepted that the event occurred during his assigned duties. It found that the submitted reports did not establish a diagnosed condition and causal opinion…
P.J. and Department of the Treasury, Internal Revenue Service, Las Vegas, NV
P.J. and Internal Revenue Service (ECAB 14-2042): Car accident injury claim denial affirmed
P.J., an IRS revenue agent, was rear-ended at a traffic light while working and claimed hand and back injuries. OWCP accepted that the collision occurred. The Board found that a physician’s report described a side impact instead, did not clearly explain how the hand was injured, and gave no…
J.H. and U.S. Postal Service, Post Office, Somerset, NJ
J.H. and U.S. Postal Service (ECAB 14-2039): Back injury benefits termination upheld
J.H., a postal letter carrier, received benefits for accepted back conditions after a 2008 lifting injury. Her treating physician and OWCP’s second-opinion physician disagreed about whether the work injury still caused a condition requiring benefits. The Board credited a referee physician who…
L.S. and Department of Veterans Affairs, Michael E. DeBakey Veterans Affairs Medical Center, Houston, TX
L.S. and Department of Veterans Affairs (ECAB 14-1888): Disability pay denial affirmed
L.S., a former Veterans Affairs medical technician, had accepted right knee conditions after a 2008 fall at work. She sought wage-loss compensation for a period in 2010 when she stopped working at a separate private-sector job. The Board found that the medical reports did not adequately explain why…
T.M. and U.S. Postal Service, Post Office, Cincinnati, OH
T.M. and U.S. Postal Service (ECAB 14-1833): Disability pay denial affirmed
T.M., a postal clerk, had accepted neck and back strains after pulling mail trays at work. She sought disability compensation for two weeks in December 2013. Her physician took her off work and described chronic pain, but the Board found that the reports did not explain how the accepted strains…
A.S. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
A.S. and Internal Revenue Service (ECAB 14-1820): Termination of injury benefits affirmed
A.S., an IRS tax examining technician, injured her back and knee when an office chair broke. OWCP accepted several injuries and paid compensation, then ended her wage-loss and medical benefits. The Board gave greater weight to an impartial orthopedic examiner who found that the accepted injuries…
C.S. and Department of Veterans Affairs, Cleveland Medical Center, Cleveland, OH
C.S. and Department of Veterans Affairs (ECAB 14-1812): Denial of additional impairment award affirmed
C.S., a Veterans Affairs social worker, developed carpal tunnel syndrome from computer work and received schedule awards for permanent impairment of both arms. She sought a higher rating. The Board found that her physicians had not shown that the nerve studies met the medical guide’s requirements…
Frank Sica v. Jacobs Field Services
Discrimination complaint dismissed for no protected activity
Frank Sica worked for Jacobs Field Services at the Morenci Mine for about two weeks before being removed from the site and terminated after a dispute over tying off on a scaffold. He alleged that new miners were entitled to leniency and challenged the treatment he received during the safety…
Secretary of Labor v. Janney Painting
Settlement denied for unexplained negligence reduction
The parties proposed resolving four remaining citations for $100 each, with three citations unchanged and one citation's negligence reduced from moderate to low. Judge William B. Moran rejected the settlement because the motion did not explain the considerable mitigating circumstances needed to…
D.B. and U.S. Postal Service, Post Office, Glen Carson, IL
D.B. and U.S. Postal Service (ECAB 15-26): Injury claim denial affirmed
D.B., a postal letter carrier, reported a head injury after a vehicle collision while delivering mail. OWCP accepted that the collision occurred but denied her injury claim. The Board held that reports from physician assistants, unsigned by a physician, did not establish a diagnosed injury under…
J.F. and Department of Agriculture, Food & Consumer Service, Parkersburg, WV
J.F. and Department of Agriculture (ECAB 14-2074): Additional conditions denied
J.F., a Department of Agriculture program specialist, was injured when the work vehicle in which she rode was struck from behind. OWCP accepted several back and neck conditions and later a sacral sprain. She sought acceptance of further spine and sacroiliac conditions. The Board found that her…
R.W. and U.S. Postal Service, Post Office, Blaine, WA
R.W. and U.S. Postal Service (ECAB 14-1816): Work incident recognized, injury claim denied
R.W., a rural postal carrier, said she fell from a porch while delivering a package and injured her knee, arms, shoulders, and upper back. OWCP rejected the claim because it found that the incident had not been established. The Board found her account and supporting record sufficient to establish…
J.M. and U.S. Postal Service, Post Office, Bridgewater, NJ
J.M. and U.S. Postal Service (ECAB 14-888): Leg impairment ratings affirmed
J.M., a postal letter carrier, was struck at work and later sought higher schedule awards for his legs. OWCP rated his right leg at 18 percent permanent impairment and found no ratable left leg impairment. The Board found that the examining specialist’s current findings supported those ratings…
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-5058): Retroactive transit subsidies upheld
Customs and Border Protection did not reimburse eligible employees for transit expenses above $125 per month after federal law raised the tax-free subsidy limits for 2012 and early 2013. An arbitrator found that the agency's agreement with NTEU required payment up to the applicable limits and…
Secretary of Labor v. Tri County Coal, LLC
Seven violations bring $8,853 penalty
MSHA cited Tri County Coal for roof-bolter dust-collection defects, inaccurate escapeway maps, failure to follow the roof-control plan, inadequate rock dust, and defective trailing-cable splices. Judge L. Zane Gill affirmed all seven litigated violations. He removed the S&S designations from two…
Secretary of Labor v. Big Ridge, Inc.
Tool-transport safeguard upheld and citation remanded
MSHA cited Big Ridge after mantrips transported miners with bundles of roof bolts, chain hangers, and a bucket of chain. An ALJ vacated the citation after finding that the underlying safeguard did not identify the hazard with enough specificity. The Commission reversed, holding that the safeguard…
C.E. and U.S. Postal Service, Post Office, Warner Robins, GA
C.E. and U.S. Postal Service (ECAB 15-16): Late injury claim denial affirmed
C.E., a rural postal carrier, claimed that stepping from his truck injured his back and leg in December 2008. He filed the claim in June 2013, beyond the three-year filing period. The Board also found no adequate evidence that his supervisor knew of the claimed injury, or received written notice of…
R.W. and Department of the Air Force, Materiel Command, Tinker Air Force Base, OK
R.W. and Department of the Air Force (ECAB 14-2059): Eight percent arm award affirmed
R.W., an Air Force sheet metal mechanic, tore his right biceps while moving a heavy box at work and underwent shoulder surgery. OWCP granted a schedule award for eight percent permanent impairment of his right arm. The Board found that OWCP’s examining physician explained that rating under the…
K.M. and Department of the Air Force, Randolph Air Force Base, TX
K.M. and Department of the Air Force (ECAB 14-2032): Reconsideration denial affirmed
K.M., an Air Force sheet metal mechanic, had an accepted work-related hearing loss but received no schedule award because OWCP found no ratable impairment. He asked OWCP to reconsider that decision and submitted a new audiogram. The Board found that the audiogram lacked calibration information and…
J.F. and U.S. Postal Service, Post Office, San Diego, CA
J.F. and U.S. Postal Service (ECAB 14-1938): Late reconsideration request denied
J.F., a postal letter carrier, had sought compensation for an emotional condition that he attributed to workplace treatment. After OWCP denied the claim, he requested reconsideration more than a year later and said he had received the decision months after its issue date. The Board found that OWCP…
D.J. and Department of Veterans Affairs, Fayetteville Veterans Administration Medical Center, Fayetteville, AR
D.J. and Department of Veterans Affairs (ECAB 14-1928): Additional knee condition denied
D.J., a Veterans Affairs nursing assistant, injured both knees and other body parts while helping a patient in 2009. OWCP accepted knee contusions, but she sought recognition of additional left knee conditions diagnosed later. The Board found that her doctors did not adequately explain how the work…
V.R. and Department of Homeland Security, Transportation Security Administration, Dallas, TX
V.R. and Transportation Security Administration (ECAB 14-1907): Benefit suspension affirmed
V.R., a transportation security officer with an accepted shoulder injury, received compensation benefits. OWCP twice asked her to complete a form reporting work and earnings, but she did not return it. She said the requests went to an old address. The Board found no record that she had notified…
M.S. and U.S. Postal Service, Post Office, North Metro, GA
M.S. and U.S. Postal Service (ECAB 14-1829): Injury claim denial affirmed
M.S., a postal mail handler, reported pain after pulling dock plates and lifting trailer doors at work. OWCP accepted that the reported work event occurred but found that she had not established a resulting injury. The Board held that a physician assistant’s report describing pain was insufficient…
Secretary of Labor v. Sally Ann Coal Company, Inc.
Five litigated violations bring $32,017 penalty
MSHA issued orders involving newly hired experienced-miner training, roof-bolt spacing, a fractured boom-hole roof, a missing preshift examination, and weekly seal examinations at Sally Ann Coal's No. 2 Mine. Judge Janet G. Harner affirmed high-negligence S&S findings for the failure to train eight…
J.A. and U.S. Postal Service, Post Office, Spokane, WA
J.A. and U.S. Postal Service (ECAB 15-4): Wage-capacity request sent back
J.A., a postal clerk with accepted injuries, challenged an earlier finding that her actual wages showed no remaining loss of earning capacity. She argued that the job used for that finding had been designed for her particular needs. OWCP treated her letter as a late request for a hearing. The Board…
P.T. and Department of Veterans Affairs, Houston Veterans Administration Medical Center, Houston, TX
P.T. and Department of Veterans Affairs (ECAB 14-2011): Emotional-condition claim denied
P.T., a Veterans Affairs food service worker, attributed stress and anxiety to alleged sexual harassment and verbal abuse by a coworker. The Board explained that substantiated workplace harassment can support an emotional-condition claim. It found that the record did not corroborate the specific…
G.W. and U.S. Postal Service, Post Office, Sewell, NJ
G.W. and U.S. Postal Service (ECAB 14-2004): Cervical condition claim denied
G.W., a rural postal carrier, claimed that her neck disc conditions resulted from a reported work incident or her regular delivery duties. She had undergone cervical surgery and later developed a further disc herniation. The Board found that her physician described the diagnoses but did not show…
A.A. and Department of Agriculture, Inspection Operations Program, Athens, GA
A.A. and Department of Agriculture (ECAB 14-1996): Overpayment and waiver denial affirmed
A.A., an Agriculture Department inspector, received injury compensation for days after she returned to full work. The Board found that the overlapping wage-loss payment created a $1,039.44 overpayment. OWCP found her without fault but requested financial information to decide whether recovery…
C.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Amarillo, TX
C.B. and Department of Veterans Affairs (ECAB 14-1898): Back injury claim denied
C.B., a Veterans Affairs nursing assistant, claimed that she hurt her back while helping lift a resident. Coworkers confirmed that the lift occurred, but did not recall an injury report at the time. Early records also gave differing accounts of how her back pain began, including a reference to…
H.B. and U.S. Postal Service, Post Office, Los Angeles, CA
H.B. and U.S. Postal Service (ECAB 14-1858): Lumbar condition claim denied
H.B., a postal clerk, claimed that years of lifting, pushing, and pulling at work caused lumbar disc and nerve conditions. OWCP accepted those work activities but denied the injury claim. The Board found that his physician diagnosed the conditions and linked them generally to work, yet did not…
A.A. and Department of the Army, Defense Language Institute Foreign Language Center, Monterey, CA
A.A. and Department of the Army (ECAB 14-1768): Shoulder and back claim denied
A.A., an Army administrative support technician, attributed shoulder and lower back conditions to lifting and other repetitive work duties. The Board accepted that her duties included lifting, bending, twisting, and stooping. It found that her physicians did not explain how those activities caused…
R.M. and U.S. Postal Service, Raleigh Processing & Distribution Center, Raleigh, NC
R.M. and U.S. Postal Service (ECAB 14-1378): Benefit termination reversed
R.M., a postal clerk with an accepted cervical injury, received compensation and was offered a part-time custodial job. His physician said the job’s bending and twisting demands exceeded his restrictions. OWCP terminated benefits without first telling him that it found his response inadequate and…
T.H. and Department of Commerce, U.S. Census Bureau, Dallas, TX
T.H. and U.S. Census Bureau (ECAB 14-326): Knee surgery issue remanded, award denial affirmed
T.H., a census enumerator, injured his left leg and knee in a work fall and later sought approval for a total knee replacement and a permanent impairment award. The Board found that an impartial specialist’s supplemental report did not adequately resolve whether the work injury contributed to the…
United Steel Workers Local No. 5114, on behalf of Miners v. Hecla Limited
Nineteen miners awarded $13,150.48 plus interest
The United Steelworkers sought Mine Act compensation for miners affected by section 103(k) withdrawal orders at Hecla's Lucky Friday Mine. An earlier ALJ order determined which miners qualified, and the parties then stipulated that 19 miners were owed compensation for work performed from December 6…
Secretary of Labor v. Peninsula Topsoil
Default reopened after procedural misunderstanding
Peninsula Topsoil asked the Commission to reopen a penalty case that defaulted after it did not answer the Secretary's petition or the Chief ALJ's show-cause order. The operator attributed the failure to a miscommunication or misunderstanding of Commission procedures. The Secretary did not oppose…
Gasco Energy, Inc.
In re Gasco Energy, Inc. (EAB UIC Appeal No. 14-191): appeal dismissed after voluntary remand
Southern Utah Wilderness Alliance petitioned for review of an Underground Injection Control permit that EPA Region 8 issued to Gasco Energy, Inc. for a Class II enhanced oil recovery well in Uintah County, Utah. Region 8 asked the Board to remand the permit after determining that it had not fully…
Secretary of Labor v. Oak Grove Resources, LLC
Oral argument set on repeated flagrant standard
MSHA designated extensive coal-dust and coal-fines accumulations along a conveyor entry as a repeated flagrant violation of 30 C.F.R. § 75.400. Judge Jerold Feldman identified the unresolved issue as whether those accumulations could substantially and proximately cause serious injury or death…
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.