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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A.A. and U.S. Postal Service, Post Office, Bryan, TX
A.A. (ECAB 14-0121): Compensation forfeiture period narrowed
A.A., a Postal Service letter carrier receiving workers’ compensation, failed to disclose business activities on required reporting forms. OWCP found that she had forfeited compensation from November 2004 to May 2008 and had received a $116,749.43 overpayment. The Board upheld forfeiture through…
G.C. and U.S. Postal Service, Post Office, Malden, MA
G.C. (ECAB 13-1493): Left leg impairment award sent back for medical clarification
G.C., a Postal Service clerk, sought a larger schedule award for impairment of her left leg after a work injury and knee replacement. Her physician and OWCP’s medical adviser disagreed about the impairment rating, so OWCP obtained an impartial medical examination. The Board found that the examiner…
G.M. and U.S. Postal Service, Post Office, Cambridge, MA
G.M. (ECAB 13-1116): Schedule award pay rate sent back for review
G.M., a Postal Service letter carrier, injured his right knee in 1997 and later sustained another right leg injury at work in 2009. OWCP used his 1997 pay rate to calculate a later schedule award. The Board found that the record lacked his pay information and other relevant materials from the 2009…
S.T. and U.S. Postal Service, Processing & Distribution Center, Edison, NJ
S.T. (ECAB 13-1079): Two claim decisions sent back for medical review
S.T., a Postal Service mail processing clerk, sought benefits for cervical and hand conditions linked to a 2008 work injury and for a right shoulder condition linked to later mail handling. OWCP accepted a cervical sprain from the 2008 incident but denied the additional cervical and hand…
National Association of Independent Labor, Local 7 (Union) and United States Department of the Air Force, Seymour Johnson Air Force Base, North Carolina (Agency)
NAIL Local 7 and Seymour Johnson Air Force Base (FLRA 0-NG-3180): Sick leave provision upheld
The Air Force disapproved two provisions of an agreement with NAIL Local 7. One addressed when employees could use self-certification rather than a medical certificate for sick leave. The Authority found that federal regulations gave the agency discretion to accept self-certification, so it ordered…
United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (Agency) and American Federation of Government Employees, Local 1923 (Union)
CMS and AFGE Local 1923 (FLRA 0-AR-4903): Higher performance rating award upheld
A CMS employee challenged a fully successful rating for one part of her performance review. An arbitrator found that the agency had violated its labor agreement and performance program, and ordered it to change both that element and her overall rating to exceptional. The agency argued that the…
Matter of Ka A. PAEK, Respondent
Matter of Ka A. PAEK (BIA ID 3813): conditional admission triggers aggravated-felony bar
The Board reviewed a South Korean respondent's appeal after an Immigration Judge found him removable based on convictions for crimes involving moral turpitude and an aggravated felony. The respondent sought adjustment of status and a waiver of inadmissibility under section 212(h), arguing that his…
W.B. and Department of the Army, Fort Rucker, AL
W.B. (ECAB 14-1310): Refusal to reopen knee claim upheld
W.B., an Army multimedia specialist, said he injured his left knee when he tripped at work. OWCP denied his claim because the medical evidence did not adequately connect the knee condition to the fall. He sought reconsideration but submitted no new medical opinion with his request. The Board found…
M.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
M.R. (ECAB 14-1199): Back injury schedule award denial affirmed
M.R., a Veterans Affairs nursing assistant, had an accepted lumbar strain after helping a patient. She sought a schedule award for permanent impairment but did not submit a medical rating of impairment to a covered body part. The Board explained that FECA does not provide a schedule award for the…
M.L. and U.S. Postal Service, Post Office, Minneapolis, MN
M.L. (ECAB 14-1128): Mail tray back injury denial affirmed
M.L., a Postal Service retail clerk, reported back and leg pain after moving a mail tray at work. The Board accepted that she lifted and moved trays on the date she identified. It found that her physician had not given a reasoned medical explanation connecting a diagnosed condition to that…
B.J. and Department of the Army, Red River Army Depot, Texarkana, TX
B.J. (ECAB 14-1028): Back and eye claim denial affirmed
B.J., an Army depot forklift operator, attributed back and left eye conditions to potholes and airborne materials at work. The Board found that he had not established the claimed work exposures: his account conflicted with his work schedule and his supervisor’s description, and the supporting tests…
T.G. and U.S. Postal Service, Post Office, Torrance, CA
T.G. (ECAB 14-0921): Compensation reduction based on clerical job affirmed
T.G., a Postal Service carrier with an accepted ankle injury, could no longer perform her former job. OWCP reduced her wage loss benefits after vocational review identified a customer complaint clerk position she could perform. The Board found that the position fit her physical limits, skills and…
B.G. and U.S. Postal Service, Post Office, Taylor, MI
B.G. (ECAB 14-0850): Third party recovery overpayment affirmed
B.G., a Postal Service carrier, received workers’ compensation after a work injury and later recovered money from a third party. OWCP told her that a $22,360.04 credit from that recovery would offset future benefits, but then mistakenly paid benefits without applying the credit. The Board found…
J.E. and U.S. Postal Service, Post Office, Nashua, NH
J.E. (ECAB 13-1181): Retirement benefit overpayment ruling reversed
J.E., a Postal Service mail handler, received wage loss compensation after an accepted shoulder injury and also pursued federal disability retirement. OWCP found a $23,080.25 overpayment for a period it said the benefits overlapped. The Board found that she elected retirement benefits effective…
N.D. and U.S. Postal Service, Post Office, East Brunswick, NJ
N.D. (ECAB 13-0108): Undisclosed band earnings caused benefit forfeiture
N.D., a Postal Service carrier receiving injury compensation, answered no when claim forms asked about outside earnings. Postal inspectors documented paid performances by her band during the covered periods. The Board found that the forms required disclosure of all earnings, including small or…
P.F. and Department of Justice, U.S. Marshals Service, San Diego, CA
P.F. (ECAB 14-1295): Repetitive work injury denial affirmed
P.F., an administrative assistant with the U.S. Marshals Service, attributed neck and arm symptoms to repeated computer and document work. OWCP accepted her duties and a diagnosis of cervical spondylosis but found no adequate medical link between them. The Board found that one physician described…
P.B. and U.S. Postal Service, Post Office, Palatine, IL
P.B. (ECAB 14-1288): Upper limb schedule award denial affirmed
P.B., a Postal Service automation clerk, had accepted carpal tunnel and shoulder conditions after repetitive work. She requested a schedule award for lasting impairment of her arms. The Board found that her physician did not provide an impairment rating, address maximum medical improvement, or…
M.T. and Department of the Army, 1st Mission Support Command, Fort Buchanan, PR
M.T. (ECAB 14-1169): Claim tied to discipline meeting denied
M.T., an Army human resources specialist, attributed an alleged stroke to a meeting at which she received notice of a proposed suspension. The Board found that a disciplinary meeting is an administrative action, rather than one of her work duties. Such an action can support a compensation claim if…
E.A. and U.S. Postal Service, Chandler Post Office, North Hollywood, CA
E.A. (ECAB 14-0834): Additional right leg impairment award denied
E.A., a Postal Service letter carrier, had accepted right knee conditions and a prior schedule award for 34 percent impairment of his right leg. He sought a larger award after knee replacement surgery. The Board found that his treating physicians reported materially different examination findings…
S.M. and Department of the Air Force, Air Mobility Command, Goose Creek, SC
S.M. (ECAB 14-0778): Refusal to reopen fall claim affirmed
S.M., an Air Force family life specialist, claimed several conditions after a fall at work. OWCP denied the injury claim and later refused to reopen it. The Board found that her reconsideration submission mostly repeated medical reports already considered. The newer reports repeated earlier…
J.L. and U.S. Postal Service, Post Office, Oakland, CA
J.L. (ECAB 14-0703): Reconsideration request found timely
J.L., a Postal Service carrier, sought reconsideration of a prior denial of her back and leg claim. OWCP treated the request as late and applied a stricter standard. The Board found that the one year deadline fell on a Saturday, followed by a federal holiday, so it extended to the next business…
T.N. and Department of Homeland Security, Immigration & Customs Enforcement, San Diego, CA
T.N. (ECAB 13-2097): Long distance medical travel reimbursement denied
T.N., a Homeland Security employee with accepted arm and hand conditions, sought reimbursement for travel from California to an Arizona physician. The Board found that she had not shown this long distance travel was necessary and reasonable for treatment of the accepted conditions. She had also not…
S.C. and U.S. Postal Service, Post Office, Brooklyn, NY
S.C. (ECAB 13-1915): Off duty association meeting claim denied
S.C., a Postal Service customer service supervisor, sought compensation for an emotional condition after an assault in a Veterans of Foreign Wars parking lot before a postal supervisors’ association meeting. He argued that attending the meeting served the employer and therefore fell within his…
American Federation of Government Employees, Local 2041 (Union) and General Services Administration (Agency)
AFGE Local 2041 and GSA (FLRA 0-AR-4966): Grievance specificity ruling upheld
A union filed a grievance after confrontations between a General Services Administration employee and a supervisor involving the employee's HIV status. The grievance named one provision of the labor agreement, then added statutory and other contract claims at arbitration. The arbitrator found those…
National Federation of Federal Employees, FD-1, IAMAW, AFL-CIO (Labor Organization/Petitioner) and General Service Administration, Southeast Sunbelt Region 4 (Agency)
NFFE FD-1 and GSA Sunbelt Region 4 (FLRA AT-RP-14-0011): Representation case returned to regional director
A group of General Services Administration employees in North Carolina lost its union representative when the American Postal Workers Union disclaimed interest in the unit. NFFE asked to include those employees under its existing Sunbelt Region 4 certification. A regional director rejected the…
G.B. and U.S. Postal Service, Post Office, Brownsville, IL
G.B. (ECAB 14-1177): Later knee disability benefits denied
G.B., a Postal Service rural carrier, had an accepted left knee condition from a work injury. She claimed that it prevented her from working beginning September 19, 2012. The Board found that earlier work restrictions did not establish disability for the later period. Her physician’s later notes…
G.P. and U.S. Postal Service, Post Office, Jacksonville, FL
G.P. (ECAB 14-1150): Two day ankle disability claim denied
G.P., a Postal Service tractor trailer operator with an accepted ankle injury, had returned to modified desk work after surgery. He claimed disability for two days after physical therapy. His physician listed those dates as days he could not work but did not explain whether the accepted ankle…
A.W. and U.S. Postal Service, Processing & Distribution Center, Chattanooga, TN
A.W. (ECAB 14-1073): Repeated medical report did not reopen claim
A.W., a Postal Service employee, sought another review of a denied injury claim. Her representative had asked OWCP for reconsideration during an earlier Board appeal and later renewed that request after the appeal ended. The Board found the renewed request timely but insufficient to reopen the…
E.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Salt Lake City, UT
E.B. (ECAB 14-0992): Lunch break hand injury claim denied
E.B., a Veterans Affairs telephone operator, reported cutting her left hand while preparing food during a scheduled lunch break. OWCP accepted that the incident occurred as described and was within the performance of duty. It asked her for medical evidence diagnosing an injury, but she supplied…
S.M. and Department of Justice, Bureau of Prisons, Federal Medical Center, Lexington, KY
S.M. (ECAB 14-0991): Reconsideration denied after no new evidence
S.M., a corrections officer, reported arm and back symptoms after a prisoner collapsed into his arms. OWCP denied the injury claim because he provided no medical evidence establishing a resulting injury. He then asked OWCP to reconsider without supplying new evidence or a legal argument. The Board…
R.G. and U.S. Postal Service, Post Office, South Hackensack, NJ
R.G. (ECAB 14-0915): Schedule award improvement date affirmed
R.G., a Postal Service carrier with accepted left knee injuries, received an additional schedule award for leg impairment. She disputed OWCP’s date of maximum medical improvement, arguing for an earlier date that would change the award period. The Board found that the impartial examiner’s February…
R.Z. and U.S. Postal Service, Post Office, Miami, FL
R.Z. (ECAB 13-1911): Hip claim and reconsideration denial affirmed
R.Z., a Postal Service clerk with an earlier accepted back injury, claimed a left hip condition from his work. The Board found that he had not clearly identified the specific work activities and dates he believed caused or aggravated the hip condition. It therefore did not reach the medical…
E.R. Zeiler Excavating, Inc.
Trench violations affirmed as serious, not willful
E.R. Zeiler Excavating had four employees working in an approximately 10-foot-deep trench without an adequate cave-in protection system or safe means of exit. The violations were not disputed on review, but the Secretary sought willful classifications based on the company's prior excavation…
Matter of E. E. HERNANDEZ, Respondent
Matter of E. E. HERNANDEZ (BIA ID 3812): gang-enhanced malicious vandalism is a crime involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Mexican national without prejudice. The respondent had been convicted in California of malicious vandalism with a gang enhancement requiring that the offense benefit a…
R.S. and Department of the Army, Military Ocean Terminal Sunny Point, Southport, NC
R.S. (ECAB 14-1278): Icy pavement injury claim denied
R.S., an Army security guard, said she slipped on icy pavement at work and hurt her right knee and back while catching herself. The employer questioned the account, and OWCP requested a detailed incident statement and a narrative medical report. The Board found that she had not submitted the…
K.J. and U.S. Postal Service, Post Office, North Metro, GA
K.J. (ECAB 14-1161): Termination of wage loss benefits reversed
K.J., a Postal Service letter carrier, received compensation for accepted depression and anxiety linked to wrongful disciplinary actions at work. OWCP later stopped her wage loss benefits, asserting that the accepted conditions no longer disabled her. The Board found that the medical reports OWCP…
L.B. and Department of the Army, Health Services Command, Fort Gordon, GA
L.B. (ECAB 14-1157): Refusal to reopen leg award claim affirmed
L.B., an Army employee with a long history of leg impairment claims, sought another review of her additional schedule award claim. She resubmitted medical adviser reports that OWCP had already evaluated. A newer report described worsening sciatica but did not address permanent left leg impairment…
E.L. and U.S. Postal Service, Processing & Distribution Center, San Diego, CA
E.L. (ECAB 14-1055): Bilateral shoulder claim denial affirmed
E.L., a retired Postal Service distribution clerk, attributed conditions in both shoulders to repetitive sorting and lifting. The only medical report in the record diagnosed shoulder arthritis and impingement but attributed the conditions to aging rather than work. He supplied no medical opinion…
J.G. and U.S. Postal Service, Post Office, Fontana, CA
J.G. (ECAB 14-0812): Hand condition claim denial affirmed
J.G., a Postal Service letter carrier, attributed hand numbness and other symptoms to casing and carrying mail. The Board accepted her description of the work duties. It found that the physicians’ reports did not explain medically how those duties caused or aggravated the diagnosed hand conditions…
B.B. and Department of the Interior, Sequoia National Park Services, Three Rivers, CA
B.B. (ECAB 14-0796): Refusal to revisit knee impairment award upheld
B.B., a National Park Service firefighter, had received a schedule award for 20 percent impairment of his right leg after an accepted knee injury. He asked OWCP to reconsider, saying the physician’s examination findings and impairment rating were inaccurate. The Board found that he supplied no…
R.K. and U.S. Postal Service, Post Office, Shelton, CT
R.K. (ECAB 14-0476): Suitable work refusal ruling upheld
R.K., a Postal Service carrier, challenged an earlier termination of benefits after she declined a modified job offer. The Board had previously upheld OWCP’s finding that the offered work was suitable. In this appeal, it found that the later medical reports did not address whether she could perform…
R.T. and U.S. Postal Service, Processing & Distribution Center, Long Beach, CA
R.T. (ECAB 13-1665): Emotional condition claim sent back for medical review
R.T., a Postal Service maintenance support clerk, claimed an emotional condition arising from her supervisor’s conduct and other workplace events. The Board found two of the supervisor’s personal remarks improper and compensable. It also described a threatening call by an agency attorney as a…
L.C. and Department of the Army, Corps of Engineers, Fort Worth, TX
L.C. (ECAB 13-0265): Unreported business activity caused benefit forfeiture
L.C., a former Army Corps of Engineers realty specialist receiving disability compensation, did not report his farming and real estate activities on required forms. The Board found that he actively ran those operations and received earnings, including farm subsidies, rather than merely holding a…
Secretary of Labor v. Higman Sand and Gravel, Inc. and Secretary of Labor v. Mike Huber, employed by Higman Sand and Gravel, Inc.
Secretary of Labor v. Higman Sand and Gravel, Inc. and Mike Huber (FMSHRC CENT 2012-080-M): Electrical-box citation modified and individual case dismissed
Higman Sand and Gravel operated an intermittent wash plant in Iowa where a damaged cover left a gap in a 480-volt electrical switch box near wet sand and standing water. Judge Richard W. Manning held that the admitted violation was significant and substantial because water or other material could…
C.K. and Department of Agriculture, Forest Service, Albuquerque, NM
C.K. (ECAB 14-1235): Finger infection claim denial affirmed
C.K., a Forest Service technician, said a thorn pierced his glove while he worked on a fire line and that his finger later became infected. OWCP accepted the described incident but denied the injury claim. The Board found that the physician diagnosed a finger abscess without adequately describing…
C.P. and U.S. Postal Service, Post Office, Tampa, FL
C.P. (ECAB 14-0975): Life insurance deduction overpayment affirmed
C.P., a retired Postal Service carrier receiving compensation, was overpaid because OWCP did not make the correct postretirement life insurance deductions. The Board upheld the $544.64 overpayment and agreed she was not at fault. It nevertheless denied waiver because her reported assets exceeded…
J.S. and Department of Defense, Defense Logistics Agency, El Toro, CA
J.S. (ECAB 14-0743): New cardiology report requires merit review
J.S., a Defense Logistics Agency employee, had accepted anxiety and angina conditions and sought benefits related to later heart attacks. OWCP refused to reopen that part of his claim after he submitted another report from a treating cardiologist. The Board found that the new report gave…
E.M. and Department of Labor, Wage & Hour Division, Dallas, TX
E.M. (ECAB 14-0655): Repeated medical report did not reopen injury claim
E.M., a Department of Labor employee, claimed injuries from materials she said fell in her cubicle. OWCP denied the claim, and she sought reconsideration. The Board found that a physician’s addendum submitted with the request repeated a report already in the record, without adding relevant new…
D.O. and Department of the Army, Corps of Engineers, Portland, OR
D.O. (ECAB 13-1809): Rental property forfeiture ruling reversed
D.O. received injury compensation while she and her husband owned rental properties. OWCP found that she had knowingly failed to report business activity and declared a $362,751.51 overpayment. The Board found the investigative evidence insufficient to prove a knowing omission, including unsigned…
P.L. and U.S. Postal Service, Post Office, Orange, CA
P.L. (ECAB 13-1627): Overpayment amount sent back for recalculation
P.L., a Postal Service carrier, received injury compensation while also using some sick leave after a separate accident. The Board agreed that concurrent payments created an overpayment. Pay records showed only 72 hours of sick leave during the period, however, so OWCP had not supported its finding…
J.G. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
J.G. (ECAB 13-1407): Lung award overpayment upheld
J.G., a former Navy shipyard worker with an accepted asbestos-related lung condition, had received schedule awards for lung impairment. OWCP later found that the impairment measured by pulmonary tests was caused by chronic obstructive lung disease rather than the accepted asbestos-related…
Affinity Coal Company, LLC v. Secretary of Labor
Safeguard contests stayed pending Commission jurisdiction ruling
Affinity Coal Company filed five contests challenging MSHA notices to provide safeguards before any citations or orders had been issued for violating them. The Secretary argued that the Commission lacked jurisdiction until MSHA issued an enforcement citation or order, while Affinity argued that…
Secretary of Labor v. Emerald Coal Resources, LP
Commission approves $110,000 settlement
An ALJ found that Emerald Coal Resources allowed combustible material to accumulate and failed to record the hazardous accumulations during a preshift examination. The ALJ upheld both violations as significant and substantial and unwarrantable failures, assessing penalties of $90,000 and $40,000…
Secretary of Labor v. American Coal Company
Seven mine-safety citations decided and $9,782 assessed
American Coal Company contested seven citations at its underground New Era Mine involving a safeguard for a rutted, muddy travelway, roof and rib conditions, a ventilation-plan requirement, and combustible accumulations. Judge L. Zane Gill found violations on all seven citations, but sustained the…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida (Respondent) and American Federation of Government Employees Local 506 (Charging Party)
Coleman Federal Correctional Complex and AFGE Local 506 (FLRA AT-CA-11-0438): Arbitration award must be obeyed
The Coleman federal prison changed its procedure for armed escorts of inmates receiving outside medical care. An arbitrator ordered the prison to restore the prior procedure and bargain with AFGE over the change. The prison did not restore the procedure and did not file exceptions to the…
G.S. and Department of Agriculture, Inspection Operations Program, Minneapolis, MN
G.S. (ECAB 14-1297): Carpal tunnel claim barred by filing deadline
G.S., a former Agriculture Department food inspector, claimed that his work caused or aggravated bilateral carpal tunnel syndrome. He continued working until he retired on June 3, 2010, but his claim reached OWCP on September 12, 2013. The Board found that the three-year filing period began on his…
G.H. and U.S. Postal Service, Post Office, Phoenix, AZ
G.H. (ECAB 14-1236): Back condition claim denied for lack of medical explanation
G.H., a Postal Service distribution clerk, claimed that repetitive work duties caused or worsened a low back condition. OWCP accepted that she worked as a distribution clerk and had a low back strain, but denied the claim for lack of medical proof connecting the condition to her work. Her physician…
J.E. and Department of Agriculture, Food Safety & Inspection Service, Pittsburg, CA
J.E. (ECAB 14-1185): Hearing denial upheld after late request
J.E., a former Agriculture Department consumer safety inspector, sought a hearing after OWCP denied his claim for back and knee conditions. He requested the hearing about 11 months after the latest merit decision and had already requested reconsideration of the earlier decision. The Board found…
Y.C. and U.S. Postal Service, South Berkley Station, Berkley, CA
Y.C. (ECAB 14-1000): Refusal to reopen knee claim upheld
Y.C., a Postal Service lead sales associate, sought compensation for a right knee injury she attributed to work in September 2012. OWCP had denied the claim because inconsistent accounts left the alleged incident unestablished. She requested reconsideration and submitted medical reports describing…
E.B. and U.S. Postal Service, Post Office, Pittsburgh, PA
E.B. (ECAB 13-2131): Knee impairment award returned for medical clarification
E.B., a Postal Service letter carrier, received a schedule award for two percent permanent impairment of his right leg after OWCP accepted aggravation of right knee joint effusion. He argued that his impairment was greater. The Board found that his physician had not explained why a range of motion…
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.