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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United States Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol, Yuma Sector (Agency) and American Federation of Government Employees, National Border Patrol Council, Local 2595 (Union)
Border Patrol Yuma Sector and AFGE Local 2595 (FLRA 0-AR-4987): Detail-selection remedy upheld
The Border Patrol's Yuma Sector selected employees for temporary assignments using a process that an arbitrator found inconsistent with its union agreement. The arbitrator ordered the agency to stop using that process and bargain over a replacement. The Authority rejected the agency's claim that…
Secretary of Labor v. Sierra Rock Products, Inc.
Electrical-order negligence and unwarrantable failure remanded
Sierra Rock's owner reached into an energized electrical panel and flipped breakers after an MSHA inspector told him to shut off the plant's main power before opening the panel. A judge affirmed the violation and S&S designation but removed unwarrantable failure, reduced negligence from reckless…
Secretary of Labor v. ICG Illinois, LLC
Refuge citation affirmed and penalty reduced to $25,000
The Viper Mine's refuge alternative was about 1,110 feet from the nearest working face, exceeding the 1,000-foot maximum. Judge Kenneth R. Andrews found the violation S&S because the methane-prone mine had a history of ignitions, an emergency could impair visibility and movement, and the extra…
John Myshka v. Electric Boat Corporation
Myshka v. Electric Boat (BRB 14-0161): hand impairment claim sent back for review
John Myshka worked as a welder for Electric Boat and sought scheduled benefits for lasting right hand impairment after carpal tunnel surgery. He had previously settled claims for injuries to both hands from work for another shipyard. An administrative law judge denied the new award because a later…
A.M. and U.S. Postal Service, Post Office, Toledo, OH
A.M. (ECAB 14-1885): Overpayment and waiver denial upheld
A.M., a postal carrier receiving wage loss benefits, returned to full duty on March 19, 2014 but received compensation for the rest of the March 9 to April 5 pay period. OWCP calculated a $1,755.19 overpayment, including amounts sent toward his child support obligation. It found him without fault…
B.O. and Department of Homeland Security, Transportation Security Administration, East Boston, MA
B.O. (ECAB 14-1877): Back injury claim denied for lack of qualifying medical evidence
B.O., a transportation security officer, claimed a back injury after lifting bags at work. OWCP accepted that the lifting incident occurred but found that he had not established a resulting injury with qualifying medical evidence. His only treatment reports came from a chiropractor. The Board found…
J.R. and Department of the Interior, Upper Colorado Region, Salt Lake City, UT
J.R. (ECAB 14-1870): Back injury claim denied for uncertain incident account
J.R., a federal equipment operator, claimed that bouncing and jerking while using a backhoe caused a back injury on July 24, 2013. OWCP asked him for a detailed account of the event, but he did not provide one. The Board also noted that he kept working for another week and that the medical records…
M.P. and U.S. Postal Service, Post Office, Richmond, CA
M.P. (ECAB 14-1602): Arm impairment ratings upheld
M.P., a postal distribution clerk with accepted shoulder and elbow conditions, sought larger impairment awards for both arms. Her treating physician proposed 20 percent for the right arm and seven percent for the left, but the rating worksheet he mentioned was absent from the record and his report…
E.P. and U.S. Postal Service, Post Office, Tampa, FL
E.P. (ECAB 14-1540): Wrist injury claim denied for lack of causal explanation
E.P., a postal rural carrier, reported wrist pain while lifting a bundle of telephone books at work. OWCP accepted that the lifting event occurred but denied her injury claim. The Board found that the physicians diagnosed a wrist sprain and recorded her account, yet did not explain how the work…
R.J. and Department of Health & Human Services, Social Security Administration, Chicago, IL
R.J. (ECAB 14-1441): Overpayment upheld, waiver question returned
R.J., a Social Security Administration employee, continued to receive wage loss payments after OWCP terminated her benefits. The Board agreed that the extra payments totaled $7,098.21. OWCP had found her without fault, and she submitted a request for waiver with financial information. The Board…
T.D. and Department of Defense, Defense Finance & Accounting Service, Columbus, OH
T.D. (ECAB 14-1305): Compensation pay rate calculation returned to OWCP
T.D., a Defense Finance and Accounting Service employee, had accepted injuries from 1993 and 1995 claims. An earlier Board order required OWCP to calculate her compensation pay rate for the 1995 injury under FECA and compare it with the 1993 rate. OWCP instead kept the 1993 rate without making the…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union, Chapter 139 (Union)
Customs and Border Protection and NTEU Chapter 139 (FLRA 0-AR-5020): Missed overtime backpay upheld
Customs and Border Protection removed an employee from a seven-hour overtime assignment that its union agreement entitled her to work. The agency offered her a later overtime opportunity or administrative leave, but an arbitrator ordered backpay with interest for the missed assignment. The…
J.K. and Department of the Interior, National Park Service, Virgin Islands National Park, St. John, VI
J.K. (ECAB 14-1789): Back injury claim denied for insufficient medical explanation
J.K., a National Park Service mechanic, reported back and leg pain after lifting a heavy sewage pump at work. His medical records also described longstanding back problems and an earlier injury. The Board found that his physicians had not explained how the March 2013 lift caused or aggravated a…
T.L. and U.S. Postal Service, Post Office, Powell, OH
T.L. (ECAB 14-1708): Disability recurrence and reconsideration denied
T.L., a former postal carrier with an accepted lumbar injury, claimed that renewed back and leg symptoms in 2013 again disabled her. She had left postal work years earlier and was working for a private employer. The Board found that her physicians did not adequately explain how the later symptoms…
L.D. and U.S. Postal Service, Post Office, Rex, GA
L.D. (ECAB 14-1578): Terminated benefit claim not reopened
L.D., a postal rural carrier, had received benefits for an accepted lumbar strain that OWCP later found had resolved. She sought reconsideration of the benefit termination and supplied medical records about continuing back and other complaints. The Board found that some records repeated information…
C.H. and U.S. Postal Service, Post Office, Kansas City, MO
C.H. (ECAB 14-1493): Shoulder and neck injury claim denied
C.H., a postal mail processing clerk, reported arm and neck pain after working with a machine that required overhead movements. Her physicians diagnosed several shoulder and neck conditions and one attributed tendon symptoms to work overuse. The Board found that the opinions did not adequately…
A.M. and U.S. Postal Service, Bustleton Station, Philadelphia, PA
A.M. (ECAB 14-1275): Ankle injury benefit termination reversed
A.M., a postal letter carrier, received compensation for several accepted left ankle conditions after a work injury. OWCP ended her benefits based on an impartial examiner’s report. The Board found that the examiner discussed resolution of an ankle sprain but did not clearly address all the other…
M.A. Mortenson Company
Fire-extinguisher hazard-communication items vacated under consumer-product exception
OSHA cited Mortenson for omitting ten-pound ABC fire extinguishers from its hazardous-chemical list and for not keeping their safety data sheets onsite. The judge found that the extinguishers qualified for the hazard communication standard's consumer-product exception. They were sold for consumer…
R.D. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
R.D. (ECAB 14-0913): New neck and shoulder injury claim denied
R.D., a postal mail handler, had an accepted 2009 neck and shoulder injury and later reported new pain while reaching into a mail sorting machine. OWCP denied a separate claim for the 2011 event. The Board found that his physician described symptoms and diagnosed aggravated neck and shoulder…
Matter of Juan ESQUIVEL-QUINTANA, Respondent
Matter of Juan ESQUIVEL-QUINTANA (BIA ID 3824): a three-year age gap can satisfy the minor-abuse category
The Board reviewed the removal order of a Mexican lawful permanent resident convicted under California Penal Code section 261.5(c) for unlawful intercourse with a minor more than three years younger than him. The Board held that an offense that can involve a 16- or 17-year-old victim must require a…
S.H. and U.S. Postal Service, Post Office, West Sacramento, CA
S.H. (ECAB 14-1944): Disability denial upheld, other conditions returned
S.H., a postal rural carrier, had accepted carpal tunnel syndrome and sought wage loss compensation plus acceptance of other conditions affecting her neck and back. The Board found that her doctors had not clearly identified any period when the accepted carpal tunnel condition kept her from…
J.A. and U.S. Postal Service, Post Office, Norfolk, VA
J.A. (ECAB 14-1939): Longstanding disability claim reopened for merit review
J.A., a former postal letter carrier, sought disability compensation beginning when he left work in 1979 after accepted neck and back injuries. OWCP had denied the claim for lack of adequate medical proof and later refused to reopen it. J.A. then submitted physician reports that OWCP had not…
T.R. and U.S. Postal Service, Post Office, Fairfield, AL
T.R. (ECAB 14-1897): Lumbar disease claim denied for lack of medical link
T.R., a postal letter carrier, attributed her lumbar disc condition to casing mail, loading trays, and handling packages. Her physician diagnosed lumbar radiculopathy and a herniated disc but did not discuss her work duties or give an opinion linking them to the condition. The Board treated the job…
G.G. and U.S. Postal Service, Post Office, Monsey, NY
G.G. (ECAB 14-1847): Unreported online sales led to benefit forfeiture
G.G., a postal mail processor receiving partial disability compensation, answered no on forms asking whether she had worked or been involved in a business. An agency investigation documented online sales through accounts in her name during the reporting periods. She said the items belonged to a…
V.R. and U.S. Postal Service, Processing & Distribution Center, Boise, ID
V.R. (ECAB 14-1695): Board reaches merits of postal clerk’s arm and hand claim
V.R., a postal clerk in Boise, claimed that repetitive mail sorting, reaching, and lifting caused arm and hand symptoms. OWCP denied the claim for lack of medical proof linking her conditions to those duties. It later called its reconsideration ruling a refusal to reopen, but the Board found that…
B.B. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
B.B. (ECAB 14-1518): Board upholds eight percent right leg impairment award
B.B., a Navy nuclear machinist, had received schedule awards totaling eight percent impairment of his right leg after an accepted back injury and surgery. He sought a larger award based on his physician’s ratings and an OWCP cover letter that mentioned an additional nine percent. The Board found…
E.M. and U.S. Postal Service, Processing & Distribution Center, Palatine, IL
E.M. (ECAB 14-0795): Board returns arm impairment ratings for further review
E.M., a postal mail handler, received a schedule award for three percent left arm and four percent right arm impairment after accepted shoulder and carpal tunnel conditions. She sought a larger award based on her physician’s ratings. The Board upheld the finding that the accepted temporary cervical…
U.S. Utility Contractor Company
EAJA fees awarded after unsupported electrical citation
U.S. Utility prevailed when the judge vacated a serious electrical citation based on a worker's claim that he had been shocked while stripping wire. The judge found OSHA's position was not substantially justified because repeated tests showed the circuit was dead, tools and breakers showed no…
P.G. and U.S. Postal Service, Post Office, Durham, NC
P.G. (ECAB 14-0227): Board upholds overpayment and denial of waiver
P.G., a former postal clerk, received FECA wage loss compensation for an accepted aggravation of depression while also receiving increased VA disability benefits for the same condition. The Board found that the overlapping payments created a $276,526.36 overpayment. It upheld OWCP’s finding that…
Vanderbilt Minerals, LLC
In re Vanderbilt Minerals, LLC (EAB TSCA Appeal No. 14-04C): $131,188 penalty paid
EPA's Office of Civil Enforcement alleged that Vanderbilt Minerals, LLC violated sections 5(e), 12(b), and 13 of the Toxic Substances Control Act. The complaint sought a $131,188 penalty. Vanderbilt paid the full amount before the EAB issued its Final Order, which resolved the matter civilly and…
Matter of O. A. HERNANDEZ, Respondent
Matter of O. A. HERNANDEZ (BIA ID 3823): reckless deadly conduct is a crime involving moral turpitude
The Board reviewed the removal order of a Mexican respondent convicted in Texas of deadly conduct, which prohibits recklessly placing another person in imminent danger of serious bodily injury. The Board held that the offense categorically involves moral turpitude because the reckless conduct…
I.B. and Department of Health & Human Services, Administration for Children & Families, Mount Laurel, NJ
I.B. (ECAB 14-1839): Board upholds refusals to reopen carpal tunnel claim
I.B., a program specialist, claimed that repetitive typing and computer use caused carpal tunnel syndrome. OWCP denied the claim for insufficient medical proof of causation, and he sought reconsideration twice. He resubmitted a physician’s earlier note and added a work status form saying he could…
S.R. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
S.R. (ECAB 14-1754): Board reverses reduction based on information clerk job
S.R., a postal mail processing clerk, received compensation for accepted bilateral carpal tunnel and ulnar nerve conditions. OWCP reduced compensation after vocational rehabilitation identified an information clerk job. The Board found that one OWCP examiner’s limit on repetitive wrist and elbow…
C.F. and U.S. Postal Service, Post Office, Las Vegas, NV
C.F. (ECAB 14-1656): Board upholds 11 percent right arm impairment award
C.F., a postal city letter carrier, sought a larger schedule award after an accepted right shoulder injury and surgery. OWCP awarded 11 percent right arm impairment based on a physician’s application of the sixth edition of the impairment guides. The Board found that the physician explained the…
T.R. and U.S. Postal Service, Post Office, Wichita, KS
T.R. (ECAB 14-1514): Board upholds denial of distant physician request
T.R., a postal letter carrier with an accepted cervical condition, sought approval to receive further care from a physician more than 330 miles from her Kansas home. She said her surgeon had referred her and that she was uncomfortable with local physicians. OWCP denied the change because it had…
M.D. and Department of Homeland Security, Immigration & Customs Enforcement, Dallas, TX
M.D. (ECAB 14-1498): Board upholds denial of repetitive work injury claim
M.D., an Immigration and Customs Enforcement accounting technician, claimed that extensive invoice entry aggravated neck, shoulder, and arm conditions. The Board accepted that her duties included typing but found the medical evidence insufficient to connect those duties to her diagnosed conditions…
W.S. and U.S. Postal Service, Post Office, Akron, OH
W.S. (ECAB 14-1184): Board upholds 50 percent right leg award
W.S., a postal mail processing clerk, had a right knee injury and received schedule awards totaling 50 percent impairment of her right leg. After OWCP accepted knee osteoarthritis, her physician rated her impairment at 53 percent and she requested an additional award. The Board found that the…
C.W. and U.S. Postal Service, Alton Post Office, Alton, NH
C.W. (ECAB 14-0730): Board affirms denial of rural carrier’s neck claim
C.W., a rural mail carrier, claimed that repetitive sorting and delivery duties caused cervical disc herniations and arm symptoms. OWCP accepted that the described work duties occurred but denied the claim for insufficient medical proof of causation. The Board found that the principal supporting…
United States Department of Veterans Affairs, Board of Veterans Appeals (Agency) and American Federation of Government Employees, National Veterans Affairs Council, Local Union No. 17 (Union)
Board of Veterans Appeals and AFGE Local 17 (FLRA 0-AR-5006): Bargaining order over attorney quotas stands
The Board of Veterans Appeals changed how it enforced an annual production quota for its attorneys. An arbitrator found that a revised tracking chart removed the margin that previously let attorneys fall slightly behind weekly targets without being flagged. She found that the change affected…
United States Department of the Interior, Bureau of Land Management, Eugene District, Portland, Oregon (Agency) and American Federation of Government Employees, Local 1911 (Union)
Bureau of Land Management and AFGE Local 1911 (FLRA 0-AR-4997): Reduced suspension upheld
The Bureau of Land Management suspended an employee for ten days after disputes over his conduct at a supervisory meeting and a conversation with a logging contractor. An arbitrator found that the agency had denied his request for union representation at the meeting and had not proved several of…
Secretary of Labor v. Marfork Coal Company, Inc.
Kettle-bottom roof citation affirmed with $5,080 penalty
A partially fallen kettle bottom in the Horse Creek Eagle Mine roof had one metal strap installed below and off center from the opening. Judge Margaret A. Miller credited the inspector's conclusion that the strap would not catch the remaining dense rock when it fell, so the mine failed to provide…
J.W. and U.S. Postal Service, Post Office, Douglas, GA
J.W. (ECAB 14-1947): Board returns additional arm award claim for review
J.W., a former postal city carrier, sought a further arm impairment award for accepted bilateral carpal tunnel syndrome. He filed a new schedule award claim supported by a physician’s rating of five percent impairment in each arm. OWCP instead treated his filing as a late request to reconsider an…
R.M. and Department of Veterans Affairs, Veterans Health Administration, Fort Wayne, IN
R.M. (ECAB 14-1935 and 14-1779): Board upholds two VA worker claim denials
R.M., a VA shuttle van operator with earlier accepted arm injuries, claimed a new neck and arm condition from his 2013 work duties. The Board found that the physicians did not link a new condition to those duties; one physician said he could not determine whether driving caused the cervical…
S.F. and U.S. Postal Service, Post Office, Brooklyn, NY
S.F. (ECAB 14-1915): Board upholds denial of total disability compensation
S.F., a postal letter carrier in Brooklyn, injured his right leg and ankle in a fall while delivering mail. He later stopped working and sought total disability compensation beginning August 17, 2013. The Postal Service offered a modified carrier assignment within the restrictions set by an OWCP…
S.G. and U.S. Postal Service, Post Office, Phoenix, AZ
S.G. (ECAB 14-1893): Board upholds refusal to reopen compensation claim
S.G., a postal rural carrier, had received compensation for accepted shoulder conditions before OWCP terminated her wage-loss and medical benefits in 2011. She asked OWCP to reconsider the termination again in February 2014, arguing that its medical reports were insufficient. The Board found her…
K.E. and Department of Veterans Affairs, Veterans Administration Medical Center, West Haven, CT
K.E. (ECAB 14-1864): Board upholds denial of reconsideration
K.E., a nurse at a VA medical center, sought compensation for disability in August 2013 after an earlier accepted fall at work. OWCP denied the disability claim, and she asked it to reconsider. The Board found that the medical records she resubmitted were already in the case file. Her additional…
S.D. and Panama Canal Commission, Industrial Division, Cristobal, Panama
S.D. (ECAB 14-1855): Board upholds recurrence denial and refusal to reconsider
S.D. injured his back while working for the Panama Canal Commission in 1979 and later worked as a custodian until May 1994. He claimed a recurrence of disability beginning then. The Board found that his physicians documented back problems but did not adequately explain how the 1979 injury caused…
L.B. and U.S. Postal Service, Post Office, Columbus, OH
L.B. (ECAB 14-1794): Board preserves benefits until suitable-work termination
L.B., a Columbus letter carrier with accepted left knee conditions, received compensation after knee replacement surgery. He left a suitable position after working several days. The Board gave weight to an impartial physician’s opinion that he could perform the offered work with restrictions and…
M.P. and U.S. Postal Service, Post Office, Cape Girardeau, MO
M.P. (ECAB 14-1763): Board upholds denial of further injury treatment
M.P., a postal mail processing clerk, sought more treatment after accepted shoulder, arm, and neck injuries from a forklift incident. He continued working and said he sought treatment rather than disability compensation. His physicians had reported that the accepted injuries resolved, and later…
C.M. and U.S. Postal Service, Post Office, Bellmawr, NJ
C.M. (ECAB 14-1713): Board upholds denial of total disability recurrence
C.M., a letter carrier, had accepted right knee injuries and returned to full duty after surgery. She stopped work in May 2013 and claimed a recurrence of total disability. Her physician proposed new restrictions and further knee surgery, but did not explain how the accepted injury had worsened…
C.B. and Department of Veterans Affairs, Veterans Health Administration, Chicago, IL
C.B. (ECAB 14-1698): Board upholds denial of occupational disease claim
C.B., a VA pipefitter and plumber, claimed that workplace asbestos exposure caused his lung cancer. The record documented his diagnosis and his belief that insulation and dust at work contained asbestos. The VA disputed that its work exposed him to asbestos, and C.B. could not identify the source…
K.H. and U.S. Postal Service, Post Office, Tampa, FL
K.H. (ECAB 14-1611): Board upholds compensation suspension after exam obstruction
K.H., a Tampa letter carrier with accepted left carpal tunnel syndrome, sought a schedule award. OWCP scheduled a second opinion examination to assess impairment. She appeared but refused to sign the physician’s intake forms, so the examination did not occur. After OWCP gave her 14 days to explain…
S.C. and U.S. Postal Service, Post Office, Hollywood, FL
S.C. (ECAB 14-1521): Board denies additional right arm schedule award
S.C., a postal manager, had accepted right shoulder injuries and two authorized surgeries. He had already received a schedule award for eight percent right arm impairment and sought an additional award. His physician estimated six percent impairment but did not explain the rating under the A.M.A…
E.P. and Department of Education, Special Education Rehabilitation Services, Washington, DC
E.P. (ECAB 14-1298): Board upholds termination but remands continuing disability question
E.P., a Department of Education analyst, injured his right shoulder when a box fell on it at work. The Board found that OWCP had sufficient medical evidence to terminate his compensation in May 2013. Later diagnostic tests and treating physician reports raised a question about continued…
G.C. and Department of the Air Force, Space & Missile Systems Center, Los Angeles Air Force Base, El Segundo, CA
G.C. (ECAB 14-1247): Board denies increased leg award and late hearing
G.C., an Air Force police officer, had previously received awards totaling 51 percent impairment of his right leg. After a partial knee replacement, his physician rated the leg at 21 percent, which did not establish impairment beyond the amount already compensated. The Board affirmed denial of an…
R.A. and U.S. Postal Service, Post Office, Greensboro, NC
R.A. (ECAB 14-1068): Board upholds denial of back-condition recurrence
R.A., a postal storekeeper, had an accepted lumbar sprain after lifting a heavy toolbox in 2008. He sought additional medical treatment for continuing back pain. The Board held that continuous treatment alone did not establish a recurrence of medical condition under the governing rule. A physician…
United States Department of Homeland Security, Customs and Border Protection (Agency) and National Treasury Employees Union (Union)
Customs and Border Protection and NTEU (FLRA 0-AR-4968): Scheduling backpay formulas upheld
An arbitrator found that Customs and Border Protection routinely scheduled customs officers without consistent daily hours or two consecutive days off during a period when federal scheduling requirements applied. He ordered backpay under two formulas and a claims process to check each employee's…
United Steel Workers Local No. 5114, on behalf of Miners v. Hecla Limited
Partial-summary order corrected to reflect citation settlement
Judge Richard W. Manning amended a footnote in his December 23, 2014 partial-summary-decision order concerning compensation for Lucky Friday Mine workers. The earlier footnote quoted Citation No. 8565565 without noting that the parties had settled the citation and deleted one inaccurate sentence…
J.C. and U.S. Postal Service, Post Office, Centreville, VA
J.C. (ECAB 14-2007): Board upholds refusal to reopen workplace stress claim
J.C., a postal clerk, sought compensation for an emotional condition she attributed to her work environment. OWCP had denied the claim because it found no compensable work factor, and J.C. later sought reconsideration. The Board found that her representative’s general objections did not identify a…
K.V. and U.S. Postal Service, Post Office, Turlock, CA
K.V. (ECAB 14-1962): Board upholds denial of late reconsideration request
K.V., a postal mail carrier, claimed that repetitive work caused back and right leg conditions. OWCP denied the claim after finding the medical opinions did not adequately connect those conditions to his duties. His reconsideration request reached OWCP on September 17, 2013, more than a year after…
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.