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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Secretary of Labor v. Pay Car Mining, Incorporated
Ventilation-plan case settled for $14,000
MSHA proposed a $70,000 penalty for an alleged violation of 30 C.F.R. § 75.370(a)(1). During the hearing, the parties settled after testimony raised disputes about the violation's duration, the roof-bolter operators' ability to notice reduced air velocity, and the effect of a water box on…
Pennsylvania General Energy Company, LLC
In re Pennsylvania General Energy Company, LLC (EAB UIC Appeal Nos. 14-63 to 14-65): Brine-well permit review denied
EPA Region 3 issued Pennsylvania General Energy Company, LLC a Class II Underground Injection Control permit to convert an existing production well into a brine-disposal well in Pennsylvania. Three petitions challenged the permit's protection of the groundwater aquifer and the Region's responses to…
Secretary of Labor v. Jim Walter Resources, Inc.
No-negligence finding and $500 penalty affirmed
An employee of contractor O&O Services fell through an opening at Jim Walter Resources' coal load-out facility while not using fall protection. The judge held JWR strictly liable as the mine operator for the significant-and-substantial violation but found that JWR itself was not negligent and…
Secretary of Labor v. Jim Walter Resources, Inc.
No-negligence finding and $500 penalty affirmed
An employee of contractor O&O Services fell through an opening at Jim Walter Resources' coal load-out facility while not using fall protection. The judge held JWR strictly liable as the mine operator for the significant-and-substantial violation but found that JWR itself was not negligent and…
White Oak Resources, LLC v. Secretary of Labor
Expedited hearing denied and contests stayed
White Oak contested two section 104(d)(1) orders alleging failure to follow its roof-control plan and failure to conduct a required preshift examination. It sought an expedited hearing, arguing that MSHA's interpretation could expose the mine to repeated orders and heightened future penalties…
C.A. and U.S. Postal Service, Post Office, Lovington, NM
C.A. (ECAB 14-1123): Back injury claim denied for insufficient medical explanation
C.A., a postal mail carrier, reported back and leg pain after stepping out of a mail vehicle. OWCP accepted that the January 2013 incident occurred but denied his injury claim. The Board found that one physician described the incident differently from C.A. and did not explain how it caused the…
R.W. and Department of the Navy, Long Beach Naval Shipyard, Long Beach, CA
R.W. (ECAB 14-0985): Reduced benefits based on available monitor work upheld
R.W., a former Navy shipyard employee, could not return to his regular work after accepted back and wrist injuries. OWCP reduced his compensation using the wages of a surveillance system monitor position identified through vocational rehabilitation. The Board found that the job fit his doctors’…
L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA
L.J. (ECAB 14-0970): Premature wage capacity finding reversed
L.J., a VA employee with accepted back and neck strains, returned to work as a utilization review nurse. She stopped working in the new position after about 20 days. OWCP found no loss of wage-earning capacity based on that job less than 60 days after she started it. The Board found that OWCP’s…
D.G. and Tennessee Valley Authority, Paradise Fossil Plant, Chattanooga, TN
D.G. (ECAB 14-0901): Lung disease claim sent back for specialist opinion
D.G., a Tennessee Valley Authority equipment technician, claimed bronchitis and pneumoconiosis from dust and fume exposure at work. OWCP accepted exposure to coal dust and asbestos but denied the claim for insufficient proof of medical causation. The Board found that his physician’s report was…
F.B. and Department of Veterans Affairs, Albany Veterans Hospital, Albany, NY
F.B. (ECAB 14-0872): Left shoulder injury claim denial affirmed
F.B., a VA hospital employee, sought compensation for a left shoulder condition after a fall during his work duties. OWCP accepted that the August 2012 fall happened but denied the claim for lack of medical proof linking it or other work factors to the shoulder condition. The Board found no medical…
J.A. and U.S. Postal Service, Post Office, Brooklyn, NY
J.A. (ECAB 14-0495): Right knee benefit termination affirmed
J.A., a postal carrier, received benefits for an accepted right knee sprain and meniscus tear. OWCP terminated those benefits effective January 22, 2013, finding that the work-related conditions had resolved. The Board found OWCP’s second opinion sufficient to support that termination. It also…
American Federation of Government Employees, Local 2580 (Union) and United States Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (Agency)
AFGE Local 2580 and ICE Enforcement and Removal Operations (FLRA 0-AR-5030): Unsupported exceptions denied
AFGE Local 2580 challenged an arbitration award involving Immigration and Customs Enforcement's Enforcement and Removal Operations. The union argued that the award conflicted with law and agency-wide regulations and quoted provisions it relied on. The Authority found that the union did not explain…
Secretary of Labor v. Original Sixteen to One Mine, Incorporated
Twenty citations affirmed or modified and $2,113 assessed
MSHA brought 22 citations against the Sixteen to One underground gold mine for conditions involving fire protection, escapeways, grinders, housekeeping, chemical labels, electrical equipment, evacuation drills, noise, vegetation near fuel storage, road berms, an open hole, and related safety…
Secretary of Labor v. Tilden Mining Company, LC
Extension cords included in grounding-system testing rule
MSHA cited Tilden Mining for failing to test and record the resistance of extension cords used in the mine's electrical grounding system. The Commission held that extension cords and power cables are components of a grounding system under 30 C.F.R. § 56.12028 because the system cannot protect…
Reuben Shemwell and Anthony Young v. Armstrong Coal Co., Inc.
Interference claim survives and nine cases consolidated
Reuben Shemwell alleged that Armstrong Coal targeted him after he returned to work following earlier Mine Act discrimination cases. His new complaint claimed that a supervisor encouraged coworkers to monitor him, dismissed the value of welding-safety concerns, and joined a safety director in…
M.K. and U.S. Postal Service, Post Office, Tampa, FL
M.K. (ECAB 14-1106): Work injury claim denied for inadequate causal explanation
M.K., a postal employee, claimed that returning to work aggravated several existing conditions and led to leg swelling and infection. OWCP accepted the work incident but denied the claim because the medical evidence did not link the diagnosed conditions to that work. The Board found that his…
C.C. and U.S. Postal Service, Post Office, Wentsville, MO
C.C. (ECAB 14-1042): Compensation reduction for missed rehabilitation upheld
C.C., a postal employee receiving compensation, was referred to vocational rehabilitation after medical evidence indicated she could work with restrictions. She canceled an interview and did not respond to the counselor’s efforts to reschedule before OWCP reduced her compensation. The Board found…
S.V. and Department of Homeland Security, Transportation Security Administration, Detroit, MI
S.V. (ECAB 14-0969): No ratable impairment from accepted shoulder and back injuries
S.V., a transportation security employee, sought a schedule award for permanent impairment from accepted right shoulder and back conditions. Her physicians proposed impairment ratings for her arm and legs. The Board found that those reports did not follow the rating guide or adequately connect the…
A.C. and U.S. Postal Service, Post Office, Cincinnati, OH
A.C. (ECAB 14-0965): Right arm schedule award denial affirmed
A.C., a postal custodian, sustained an accepted right elbow fracture in a fall at work and later sought a schedule award for permanent arm impairment. OWCP’s examiner found that the fracture had healed without residual impairment. Her physician proposed a four percent arm rating based on elbow…
N.P. and U.S. Postal Service, Post Office, Marblehead, MA
N.P. (ECAB 14-0695): Left wrist schedule award denial affirmed
N.P., a postal letter carrier, sought a schedule award after an accepted left wrist sprain. His treating physician rated permanent impairment at 12 percent, while OWCP’s medical adviser found none. An impartial examiner found normal wrist function and no ratable impairment from the injury. The…
N.H. and Department of Health and Human Services, Crow/Northern Cheyenne Indian Health Service, Crow Agency, MT
N.H. (ECAB 14-0682): Ankle injury claim denied after differing incident accounts
N.H., an Indian Health Service employee, claimed a right ankle injury at work. At an emergency room visit on the claimed injury date, she reported worse ankle pain but denied trauma. Her later claim described striking the ankle against a chair, and another account described twisting it when she…
E.E. and U.S. Postal Service, Post Office, Nashville, TN
E.E. (ECAB 14-0230): Benefit suspension for missing earnings form affirmed
E.E., a postal employee receiving compensation, was asked to complete a Form EN1032 about her employment and earnings. OWCP sent the form and warned that benefits would be suspended if she did not return complete answers within 30 days. The Board found that the notice was sent to her last known…
Torre Mackle Group, LLC
Judge's decision vacated after employer withdrew contest
An administrative law judge had affirmed a falling-object citation against Torre Mackle Group after a 29-pound concrete core fell through a ceiling and struck a medical-center employee. The cited item required measures such as barricades to protect employees from falling objects, and the judge…
American Federation of Government Employees, Local 2663 (Union) and United States Department of Veterans Affairs, Medical Center, Kansas City, Missouri (Agency)
AFGE Local 2663 and VA Kansas City (FLRA 0-AR-5043): Exception dismissed
An arbitrator found that a union grievance involving the VA Kansas City medical center had not been filed on time. The union challenged that ruling, calling it wrong and a dangerous precedent. In an abbreviated decision, the Authority dismissed the union's exception because those assertions…
International Federation of Professional and Technical Engineers, Local No. 1 (Union) and United States Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia (Agency)
IFPTE Local 1 and Norfolk Naval Shipyard (FLRA 0-AR-5005): Backpay denial upheld
A Norfolk Naval Shipyard employee remained on an informal detail after an earlier arbitration award called for the parties to arrange his return to his assigned team. A second arbitrator found that the parties jointly failed to implement the earlier award, ordered a trial detail back to the team…
Secretary of Labor v. Wolf Run Mining Company
Missing telephone-line lightning arresters held S&S
After the 2006 Sago Mine explosion, MSHA cited Wolf Run because an exposed telephone line entering the underground mine lacked the lightning arresters required by 30 C.F.R. § 75.521. The judge found a violation but held it was not significant and substantial because lightning near a particular…
CAM Mining, LLC v. Secretary of Labor
Roof-control and preshift orders affirmed
During retreat mining at CAM Mining's No. 28 Mine, an inspector found that the outby coal stumps left for roof support across a mined row were smaller than the six-foot minimum in the approved roof-control plan. Judge Kenneth R. Andrews credited the inspector's direct observations, measurements…
D.T. and Department of Commerce, U.S. Census Bureau, Dallas, TX
D.T. (ECAB 14-1158): Hearing request abandonment finding affirmed
D.T., a Census Bureau employee, requested a hearing after OWCP denied a traumatic injury claim. OWCP sent notice of a video hearing, but she did not attend or submit a written request for another hearing within 10 days. On appeal she said she had recently left the hospital. The Board found that no…
A.F. and Department of Labor, Mine Safety and Health Administration, Warrendale, PA
A.F. (ECAB 14-1078): Hearing abandonment finding affirmed
A.F., a Mine Safety and Health Administration employee, requested a hearing after an OWCP claim decision. The Board found that OWCP mailed notice of the telephone hearing to his address of record more than 30 days in advance. He did not appear, ask for postponement, or explain the absence to OWCP…
P.H. and U.S. Postal Service, Post Office, New York, NY
P.H. (ECAB 14-0955): Overpayment waiver and collection rate denials affirmed
P.H., a postal employee, had a previously established $12,100.35 overpayment after OWCP failed to withhold life insurance premiums. The Board had already decided the overpayment’s existence and amount, so this appeal concerned waiver and the $250 deduction every 28 days. P.H. supplied some…
J.S. and U.S. Postal Service, Post Office, Valdosta, GA
J.S. (ECAB 14-0920): Existing leg impairment ratings upheld
J.S., a postal employee with an accepted aggravation of a lumbar disc condition, sought a larger schedule award for his legs. OWCP had awarded two percent impairment of the left leg and eight percent of the right. The Board found that an additional report submitted by J.S. gave no impairment…
R.A. and Department of the Treasury, Internal Revenue Service, Sacramento, CA
R.A. (ECAB 14-0814): Emotional condition claim denied without a compensable work factor
R.A., an IRS revenue officer, attributed an emotional condition to performance reviews, case assignments, meetings with managers, and alleged hostile treatment. The Board treated the reviews and assignments as administrative matters and found no evidence of employer error or abuse in them. It also…
G.L. and Department of the Navy, Naval Sea Systems Command, Crane, IN
G.L. (ECAB 14-0767): Postretirement disability claim denial affirmed
G.L., a Navy mechanical engineering technician, had an accepted work-related condition affecting both shoulders. He worked his regular duties without restrictions until retiring in April 2010, then sought wage-loss compensation for later periods. The Board found no medical opinion establishing that…
J.B. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN
J.B. (ECAB 14-0618): Hearing loss claim timeliness sent back for employer records
J.B. claimed hearing loss from noise exposure while working for the Army Corps of Engineers. The Board found that his 2013 claim was outside the usual three-year filing period under either possible last exposure date in the record. But employer audiograms and a medical surveillance report suggested…
J.B. and Department of Homeland Security, U.S. Customs and Border Patrol, Kingsville, TX
J.B. (ECAB 13-2098): Neck sprain benefit termination affirmed
J.B., a border patrol agent, received benefits for an accepted work-related neck sprain. OWCP terminated those benefits effective January 15, 2012 after an impartial specialist found that the sprain had resolved. The Board gave that opinion special weight and found it sufficient to support…
United States Department of the Air Force, Space and Missile Systems Center, Los Angeles Air Force Base, El Segundo, California (Respondent) and American Federation of Government Employees, Local 2429, AFL-CIO (Charging Party)
Los Angeles Air Force Base and AFGE Local 2429 (FLRA SF-CA-11-0402): Union bypass finding stands
An Air Force employee designated AFGE Local 2429 to represent him in an equal employment opportunity complaint. The agency discussed and settled that complaint directly with the employee without notifying the union. An FLRA judge found that this bypassed the union, but rejected a separate…
R.P. and U.S. Postal Service, Post Office, Edison, NJ
R.P. (ECAB 14-1536 and 14-0857): Benefit termination and wrist recurrence rescission affirmed
R.P., a postal worker, had an accepted back injury from 2000 and a separate accepted wrist injury from 1994. The Board found that OWCP’s second-opinion physician adequately explained why the back injury no longer caused disability or required treatment after August 25, 2012. It also upheld OWCP’s…
C.M. and U.S. Postal Service, Colorado-Wyoming Performance Cluster, Denver, CO
C.M. (ECAB 14-1216 and 14-1134): Disability claim and reconsideration denial affirmed
C.M., a postal carrier, had an accepted work-related aggravation of right knee osteoarthritis. She sought compensation for disability from April 12, 2005 through August 15, 2008. The Board found that her physician did not adequately explain how the accepted condition caused total or partial…
S.W. and U.S. Postal Service, Post Office, Colorado Springs, CO
S.W. (ECAB 14-1067): Late reconsideration request did not show clear error
S.W., a postal postmaster, claimed that workplace mistreatment caused anxiety and depression. OWCP denied the claim as untimely. The Board reviewed only OWCP’s later refusal to reopen the case because the appeal came too late for review of the claim’s merits. Her September 2013 reconsideration…
N.B. and U.S. Postal Service, Post Office, Plainfield, IL
N.B. (ECAB 14-0918): Termination of back injury benefits affirmed
N.B., a postal clerk, received benefits for an accepted lumbar strain and disc displacement after a 2009 workplace injury. OWCP ended wage-loss compensation and medical benefits after an impartial physician found that those accepted conditions had resolved. The Board gave that physician’s supported…
L.W. and Department of Veterans Affairs, Tennessee Valley Health Care Service, Nashville, TN
L.W. (ECAB 14-0870): Disability compensation denial affirmed
L.W., a Veterans Affairs social worker, had accepted cervical and lumbar disc injuries after a collision while driving a government vehicle. She sought compensation for total disability from January through September 2011. The Board found that her chiropractor did not explain why the accepted…
P.C. and U.S. Postal Service, Post Office, Santa Clara, CA
P.C. (ECAB 14-0860): Separation pay overpayment and waiver denial affirmed
P.C., a postal worker receiving disability compensation, also received a retirement separation incentive. OWCP found that $732.18 in compensation overlapped with the separation pay and created an overpayment. The Board agreed because FECA does not allow total disability compensation and separation…
T.W. and Department of Homeland Security, Customs and Border Protection, Tucson, AZ
T.W. (ECAB 14-0763): Injury claim returned for medical review
T.W., a Customs and Border Protection paralegal, reported neck, back, and ankle injuries after tripping from a ladder at work. OWCP accepted that the incident occurred but rejected the claim because it found her chiropractor did not qualify as a physician under FECA. The Board found that the…
J.T. and U.S. Postal Service, Processing and Distribution Center, Santa Clarita, CA
J.T. (ECAB 14-0638): Wrist injury claim denial affirmed
J.T., a postal mail processing clerk, said two pieces of mail struck her right wrist at work. OWCP accepted that she was struck but found that the medical evidence did not establish a resulting injury. The Board agreed that the doctors’ reports either gave only speculative opinions about causation…
J.W. and Department of the Treasury, Internal Revenue Service National Office, Richmond, VA
J.W. (ECAB 13-1666): Disability claim returned for review of medical evidence
J.W., an IRS tax examiner, sought disability compensation after OWCP accepted a work-related nerve condition. OWCP denied compensation for September through December 2011. The Board found that OWCP had received medical reports before its January 2013 decision but had not discussed or considered…
Dukane Precast, Inc.
Confined-space and delayed-rescue violations affirmed
Dukane Precast manufactured concrete products using large aggregate bins that it had identified as permit-required confined spaces. An employee entered a sand bin, became engulfed up to his neck, and remained trapped while untrained co-workers entered the bin to attempt a rescue. The judge affirmed…
Secretary of Labor v. Bristol Coal Corp.
Twenty-one citations settled for $4,440
Bristol Coal agreed to pay the full proposed penalties for 19 citations and reduced amounts for two others. For an escapeway citation under 30 C.F.R. § 75.380(d)(7)(viii), the parties identified disputes over how long the condition existed, negligence, and the number of miners affected. For a…
Matter of L-G-H-, Respondent
Matter of L-G-H- (BIA ID 3809): Florida cocaine sale qualifies as illicit trafficking
The Board reviewed a Venezuelan respondent's appeal after convictions for selling and possessing controlled substances in Florida. It held that a felony conviction for selling cocaine under the Florida statute qualifies as illicit trafficking and therefore is an aggravated felony, even though the…
E.D. and U.S. Postal Service, Post Office, Fenton, MO
E.D. (ECAB 14-1102): Refusal to reopen ankle claim affirmed
E.D., a former postal carrier, sought further review of the termination of her wage-loss benefits after an accepted ankle fracture. The Board could review only OWCP’s two recent refusals to reopen, not the underlying benefit decision. Her first request included no new evidence. The x-rays submitted…
J.F. and U.S. Postal Service, Post Office, Columbus, OH
J.F. (ECAB 14-1039): Shoulder injury claim denial affirmed
J.F., a rural postal carrier, claimed that casing, loading, sorting, and delivering mail caused a right shoulder condition. OWCP accepted her description of those work activities but denied the claim for lack of medical proof of causation. The Board found that her surgeon diagnosed shoulder…
A.L. and U.S. Postal Service, Post Office, Redwood City, CA
A.L. (ECAB 14-0962): Wage-earning capacity ruling left in place
A.L., a postal distribution clerk, sought to change a wage-earning capacity determination based on a security surveillance monitor position. She pointed to newly accepted back conditions in a separate claim. The Board found that she submitted no medical evidence showing a material change in the…
J.D. and Tennessee Valley Authority, Sequoyah Nuclear Plant, Soddy-Daisy, TN
J.D. (ECAB 14-0958): Hearing loss claim returned for merits review
J.D., a retired boilermaker, claimed hearing loss from noise at Tennessee Valley Authority facilities. OWCP denied the claim as late because he knew he had hearing problems more than three years before filing. The Board found that awareness of hearing loss alone did not establish that he knew or…
C.H. and U.S. Postal Service, Post Office, Cleveland, OH
C.H. (ECAB 14-0922): Back injury claim denial affirmed
C.H., a postal automation clerk, reported back pain after moving a heavy cage of mail. OWCP accepted that the work incident occurred but denied the injury claim. The Board found that the medical reports did not reconcile different accounts of where the injury occurred and where his symptoms and a…
B.L. and U.S. Postal Service, Bulk Mail Center, Philadelphia, PA
B.L. (ECAB 14-0894): Denial of knee replacement authorization affirmed
B.L., a postal maintenance mechanic, had an accepted left knee meniscus tear and an authorized arthroscopic procedure. His surgeon later requested a total knee replacement, attributing the need for it to the work injury and surgery. An impartial physician found that advanced osteoarthritis…
K.R. and U.S. Postal Service, Post Office, Camarillo, CA
K.R. (ECAB 14-0808): Some mail carrier injury claims returned for review
K.R., a rural postal carrier, claimed that years of casing and delivering mail injured her neck and upper extremities. The Board found her surgeon’s account of the repetitive duties and diagnosed shoulder, elbow, and wrist conditions sufficient to require further medical development. His reports…
E.M. and Department of Labor, Wage and Hour Division, Dallas, TX
E.M. (ECAB 14-0707): Wrist injury denial affirmed as modified
E.M., a Department of Labor compensation specialist, claimed bilateral wrist problems from typing and handling files. OWCP denied the claim after finding both the work exposure and medical causation insufficiently established. The Board found that her position description established typing as a…
James Ikegwu and Martha Ikegwu
In re James Ikegwu and Martha Ikegwu (EAB TSCA Appeal No. 14-01): sua sponte review order vacated
The Environmental Appeals Board had elected sua sponte review because of concerns about service of a Regional Judicial Officer's Default Order against James and Martha Ikegwu under the Toxic Substances Control Act. EPA Region 3 reported that the Regional Hearing Clerk used UPS to attempt service at…
M.W. and U.S. Postal Service, General Mail Facility, Memphis, TN
M.W. (ECAB 14-0816): Late request for record review denied
M.W., a postal mail processing clerk, sought review of OWCP’s denial of her carpal tunnel syndrome claim. She asked for review of the written record more than 30 days after OWCP’s June 2013 decision. The Board found that she was no longer entitled to that review as of right. OWCP also acted within…
T.D. and Department of Veterans Affairs, Jesse Brown Medical Center, Chicago, IL
T.D. (ECAB 14-1118): Hand injury claim denial affirmed
T.D., a Veterans Affairs housekeeping aide, struck his left hand on a bed while working. OWCP accepted the September 26, 2013 incident but denied the injury claim. His physician linked diagnosed nerve conditions to a different incident date and did not explain how striking the bed caused those…
J.M. and U.S. Postal Service, Post Office, Oakland, CA
J.M. (ECAB 14-1061): Finding of abandoned hearing request affirmed
J.M., a postal letter carrier, requested a hearing after OWCP denied wage-loss compensation for a claimed period. OWCP mailed notice of a telephone hearing to his address of record. He did not call in, request postponement, or explain his absence within the required ten days. The Board found that…
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.