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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O.A. and U.S. Postal Service, Post Office, Cleveland, OH
O.A. (ECAB 13-1359): Higher leg impairment award denied
O.A., a postal worker, sought more than the 21 percent left leg impairment award he had received after accepted knee conditions. One physician’s higher rating used an older edition of the impairment guides. The Board credited a 21 percent rating calculated under the applicable edition and affirmed…
T.K. and U.S. Postal Service, North County Branch, St. Louis, MO
T.K. (ECAB 13-1305): Temporary cardiac strain benefits ended
T.K., a postal carrier, experienced cardiac symptoms while delivering mail in July 2012. OWCP accepted a temporary left ventricular strain related to that day of work. The Board credited a physician’s opinion that any work related strain had resolved after he stopped delivering mail, while his…
Jesse Remodeling, LLC
Willful scaffold item and three serious items affirmed
Jesse Remodeling employees worked on a 13-foot-high scaffold while filling concrete block cells at a restaurant construction site. The scaffold lacked guardrails, two employees worked from its frame and cross braces, and employees used cross braces and uprights to descend. A concrete Grout Hog…
P.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Detroit, MI
P.S. (ECAB 13-1694): New medical report required merit review
P.S., a Veterans Affairs pharmacy specialist, sought reconsideration of a denied neck and back occupational disease claim. She submitted a new neurosurgeon report that discussed her duties and gave a more detailed opinion on work causation. The Board found that the report was relevant new evidence…
J.D. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
J.D. (ECAB 13-1577): Timely reconsideration request sent back
J.D., a Navy shipyard worker, requested reconsideration after a December 21, 2011 merits decision concerning an accepted condition. OWCP received the request on December 18, 2012 but treated it as late. The Board found that the request arrived within the one-year period. It set aside OWCP’s…
N.N. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
N.N. (ECAB 13-1525): Missing exposure records required timeliness review
N.N., a retired Navy shipyard production controller, claimed hearing loss from work noise. OWCP denied the claim as untimely. The Board found that records from a later Navy command could bear on whether the employer had timely knowledge of his hearing loss, but OWCP had not requested them. It set…
V.A. and U.S. Postal Service, Post Office, Fredericksburg, VA
V.A. (ECAB 13-1433): Overpayment upheld, fault finding set aside
V.A., a postal carrier, received $655.39 in wage loss benefits for days when she had returned to full-time work. The Board upheld OWCP’s overpayment calculation. It found that OWCP had not shown she knew the first incorrect direct deposit was wrong when she received it, so it set aside the fault…
R.P. and Department of the Air Force, Kelly Air Force Base, San Antonio, TX
R.P. (ECAB 13-1415): Large overpayment upheld, fault finding set aside
R.P., an Air Force mechanic, received both FECA benefits and increased veterans disability benefits tied partly to the same injury. The Board upheld OWCP’s finding of a $95,863.85 overpayment beginning October 8, 2008. It found that the payments were correct when received and became incorrect only…
S.K. and U.S. Postal Service, Dominic V. Daniels Processing & Distribution Center, Kearny, NJ
S.K. (ECAB 13-1234): Related knee claim files had to be combined
S.K., a postal employee, appealed OWCP’s denial of a recurrence claim involving her right knee. The Board found that OWCP had handled two related right knee injuries in separate files and had sent only one file for review. That incomplete record could leave out evidence relevant to the recurrence…
K.K. and U.S. Postal Service, Post Office, Abilene, TX
K.K. (ECAB 13-1205): Fall at work lacked medical injury proof
K.K., a postal mail handler, fell at work in February 2013 and claimed wrist, knee and back injuries. OWCP accepted that the fall occurred. The Board found that the submitted medical evidence did not provide a physician’s supported diagnosis and explanation connecting an injury to the fall. It…
S.C. and Department of Transportation, U.S. Coast Guard, U.S. Coast Guard Air Station, Cape Cod, MA
S.C. (ECAB 13-1729): Gym membership and record review denied
S.C., a Coast Guard worker with an accepted back injury, asked OWCP to pay for a gym membership. The Board found that his physician had not justified a specific exercise program or the membership as treatment for the accepted injury. It also found his request for a written record review came after…
C.H. and U.S. Postal Service, Post Office, Bloomfield, NY
C.H. (ECAB 13-1711): Knee injury claim lacked medical causation proof
C.H., a postal employee, fell onto concrete at work and claimed a left knee injury. OWCP accepted that the fall happened. The Board found that the medical evidence did not adequately explain how the incident caused or aggravated a diagnosed knee condition. It affirmed OWCP’s May 13, 2013 decisions.
T.S. and U.S. Postal Service, Post Office, New York, NY
T.S. (ECAB 13-1685): Elevator gate incident lacked medical causation proof
T.S., a postal custodian, said an elevator gate struck his head while he worked. OWCP accepted that the incident occurred. The Board found that the medical reports did not adequately explain how the incident caused or aggravated the claimed head, neck and back conditions. It affirmed OWCP’s March…
S.W. and Department of Veterans Affairs, Veterans Benefits Administration, Oakland, CA
S.W. (ECAB 13-1618): Late reconsideration request did not reopen claim
S.W., a Veterans Affairs clerk, requested reconsideration of a denied emotional condition claim. OWCP received her request more than one year after the last merits decision. The Board found the request untimely under the receipt-date rule and found no clear evidence of error in the earlier denial…
A.D. and Department of Homeland Security, Customs & Border Protection, Border Patrol Tucson Sector, Tucson, AZ
A.D. (ECAB 13-1617): Arm award and reopening denial affirmed
A.D., a border patrol agent, received a schedule award for five percent right arm impairment after an accepted shoulder injury. He sought a higher rating and later requested reconsideration. The Board found that the evidence did not establish more than five percent impairment or meet the standard…
C.T. and U.S. Postal Service, Post Office, Dallas, TX
C.T. (ECAB 13-1615): Compensation suspension for missed examination affirmed
C.T., a postal worker receiving compensation, did not attend an OWCP second opinion examination scheduled for November 2012. OWCP had notified her of the appointment and the possible consequences and allowed her to explain the absence. The Board found that she had refused the examination without…
C.L. and Department of the Treasury, Internal Revenue Service, Richmond, VA
C.L. (ECAB 13-1607): Typing injury claim and reopening denied
C.L., an Internal Revenue Service worker, claimed carpal tunnel syndrome from daily typing. The Board found that she had not established a compensable injury with the evidence before OWCP. It also found no basis to reopen the merits on reconsideration. It affirmed OWCP’s February 15 and May 22…
M.E. and U.S. Postal Service, Post Office, Jersey City, NJ
M.E. (ECAB 13-1556): Leg impairment award and reopening denied
M.E., a postal distribution clerk with an accepted lumbar sprain, sought a schedule award for impairment of her legs. The Board found that the evidence did not establish permanent impairment of either lower extremity warranting an award. It also upheld OWCP’s refusal to reopen the claim on…
B.H. and Department of Veterans Affairs, Overton Brooks Medical Center, Shreveport, LA
B.H. (ECAB 13-1545): Late hearing request denied
B.H., a Veterans Affairs nurse with accepted injury claims, asked for a hearing about a September 7, 2012 OWCP decision. Her request was dated October 12, more than 30 days after the decision. The Board found that she was not entitled to a hearing as a matter of right and that OWCP could deny one…
J.P. and U.S. Postal Service, Post Office, Pittsburgh, PA
J.P. (ECAB 13-1434): Knee pain claim lacked medical injury proof
J.P., a postal letter carrier, felt a pull in his right knee while walking his route in March 2013. OWCP accepted that the incident happened. The Board found that the medical evidence did not adequately establish an injury caused by that incident. It affirmed OWCP’s May 10, 2013 denial.
B.P. and Department of the Army, Florida National Guard, Camp Blanding, Starke, FL
B.P. (ECAB 13-1219): Wage earning capacity decision properly changed
B.P., a Florida National Guard mechanic, had received compensation under an earlier wage earning capacity determination after a back injury. OWCP later modified that determination and ended compensation. The Board credited physicians who found the accepted condition’s residuals had resolved and…
S.B. and U.S. Postal Service, Post Office, Anchorage, AK
S.B. (ECAB 13-1162): Recurrence claim lacked medical disability proof
S.B., a postal employee with an accepted back condition, claimed a recurrence of total disability beginning March 3, 2012. She did not claim a change in her light duty job. The Board found that the medical evidence did not adequately explain how the accepted condition caused total disability during…
Basic Grain Products, Inc.
Lockout violations affirmed with one item reduced to serious
Basic Grain Products made snack foods using conveyors, augers, drums, ovens, and packaging equipment at its Ohio facility. Production employees cleaned moving or improperly locked-out machinery without receiving the lockout/tagout training or tools required for employees who perform servicing work…
Secretary of Labor, MSHA v. Spartan Mining Company, Inc.
Secretary of Labor v. Spartan Mining Company, Inc. (FMSHRC WEVA 2009-403): Escapeway S&S findings affirmed
Spartan Mining admitted two escapeway violations: primary and secondary escapeways were not separated during equipment removal, and another primary escapeway contained deep water and tripping hazards. The parties stipulated that an evacuation emergency was not likely at the time, but that the…
Secretary of Labor, MSHA v. Lafarge North America
Secretary of Labor v. Lafarge North America (FMSHRC CENT 2010-4-M): Ball-joint citations remanded for factual findings
MSHA issued four citations alleging excessive movement in steering-linkage ball joints on Lafarge trucks. The ALJ vacated all four because the Secretary had not supplied a consistent objective measurement defining a hazardous defect. The Commission held that the correct notice inquiry was whether a…
T.M. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
T.M. (ECAB 13-1953): Medical benefits termination and late review upheld
T.M., a Marine Corps Logistics Base worker, challenged the end of medical benefits for an accepted injury. The Board found that OWCP had shown no continuing injury residuals after February 13, 2013 and that he had not established a need for further treatment. It also found his request for written…
S.W. and Department of the Interior, National Park Service, New York, NY
S.W. (ECAB 13-1831): Fall at work lacked medical injury proof
S.W., a National Park Service ranger, fell from steps at work in October 2010 and claimed hip, leg and back injuries. OWCP accepted that the fall happened. The Board found that the medical reports did not adequately explain how the incident caused the claimed conditions. It affirmed OWCP’s May 24…
J.M. and U.S. Postal Service, Post Office, Albany, NY
J.M. (ECAB 13-1647): Knee disability claim lacked medical proof
J.M., a postal letter carrier, sustained an accepted left knee sprain while reaching into a mail truck. He claimed disability from work beginning November 28, 2011. The Board found that his physician had not supplied a sufficiently supported opinion tying the claimed disability period to the…
J.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Tuscaloosa, AL
J.L. (ECAB 13-1560): Knee award required further impairment review
J.L., a Veterans Affairs nursing assistant, sought an additional schedule award after accepted knee injuries and replacement surgery. OWCP denied the award because she had not submitted an impairment rating under the current guides. The Board found that her surgeon’s clinical findings might support…
J.S. and U.S. Postal Service, Post Office, Ypsilanti, MI
J.S. (ECAB 13-1513): New knee disease claim lacked medical causation
J.S., a postal carrier, claimed that later route duties worsened a right knee condition after an earlier work injury. The Board found that OWCP properly handled the later duties as a new occupational disease claim. It also found that the medical evidence did not establish that those duties caused…
R.W. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
R.W. (ECAB 13-1420): Claimed back disability lacked medical support
R.W., a Navy shipyard engineer, sought compensation for intermittent disability from February 2009 through March 2012. OWCP had accepted a temporary aggravation of preexisting low back strain. The Board found that the medical evidence did not establish that the accepted aggravation disabled him for…
K.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Houston, TX
K.R. (ECAB 13-1412): Missed hearing treated as abandoned
K.R., a Veterans Affairs nurse, requested a telephone hearing after OWCP denied an injury claim. OWCP sent notice to her address of record, but she did not call in or explain the absence within the required ten days. The Board upheld OWCP’s finding that she abandoned the hearing request. It…
L.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Gainesville, FL
L.M. (ECAB 13-1411): Overpayment waiver denied for missing financial records
L.M., a Veterans Affairs worker, sought waiver of an $11,044.57 overpayment arising from overlapping compensation and retirement benefits. OWCP found she was not at fault for this portion but asked her to provide financial information for the waiver decision. She did not submit the requested…
I.P. and U.S. Postal Service, Post Office, Long Branch, NJ
I.P. (ECAB 13-1323): Schedule award lacked accepted injury impairment proof
I.P., a postal worker, sought a schedule award after accepted neck and shoulder strains from a 1998 vehicle accident. The Board found that the record did not establish permanent impairment caused by those accepted conditions. It affirmed OWCP’s January 15, 2013 denial.
E.G. and Department of Defense, Commissary Agency, Fort Lee, VA
E.G. (ECAB 13-0989): Premium overpayment upheld, waiver sent back
E.G., a Defense Commissary Agency worker, received $5,151.08 in compensation overpayments because health and life insurance premiums were not fully withheld. The Board upheld the amount and period of the overpayment. It found that OWCP had not adequately addressed records of his nursing assistant…
J.G. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.G. (ECAB 13-0965): Right knee surgery not linked to accepted injuries
J.G., a postal employee, sought authorization for right knee surgery as a consequence of accepted injuries that included a left knee tear. OWCP obtained an impartial medical opinion after conflicting physician reports about whether an altered gait caused the right knee condition. The Board found…
S.S. and U.S. Postal Service, Post Office, Tampa, FL
S.S. (ECAB 13-0746): Emotional condition claim lacked work causation proof
S.S., a postal clerk, claimed an emotional condition after several workplace events. The Board accepted her exposure to powder from a leaking package as a work factor but found her other alleged harassment and management wrongdoing unproved. It also found no reasoned medical opinion connecting a…
Secretary of Labor, MSHA v. Solar Sources, Inc.
Secretary of Labor v. Solar Sources, Inc. (FMSHRC LAKE 2011-942, et al.): Surface-equipment citations mostly affirmed
MSHA cited multiple equipment, brake, fire-protection, access, and examination conditions at Solar Sources' Craney and Lewis surface coal mines. Judge Richard W. Manning rejected Solar's argument that inspectors had to pause and allow pre-operational examinations before inspecting equipment…
Secretary of Labor, MSHA v. A&R Trucking
Secretary of Labor v. A&R Trucking (FMSHRC KENT 2010-1144, KENT 2010-1145): Defective coal-truck violations affirmed
MSHA cited an A&R Trucking coal truck for extensive unresolved defects, including oil, air, and exhaust leaks, a worn steering tire, and conditions affecting steering, braking, and driver visibility. Judge John Kent Lewis held that the truck was neither maintained safely nor removed from service…
C.J. and Department of the Air Force, Randolph Air Force Base, TX
C.J. (ECAB 13-1737): Hearing loss claim lacked exposure evidence
C.J., an Air Force tools and parts attendant, claimed hearing loss from workplace noise. The Board found that his position description did not document the nature or extent of noise exposure. He also submitted no medical evidence diagnosing hearing loss. It affirmed OWCP’s June 14, 2013 denial.
M.G. and U.S. Postal Service, Post Office, Hartford, CT
M.G. (ECAB 13-1610): Knee award awaited medical stabilization
M.G., a postal carrier, sought a schedule award after an accepted work injury to her right leg. She underwent a total right knee replacement shortly before OWCP ruled. The Board found that she had not reached maximum medical improvement after surgery, so a permanent impairment award could not yet…
M.L. and Department of the Air Force, Air Mobility Command, Randolph Air Force Base, TX
M.L. (ECAB 13-1602): Higher leg impairment award denied
M.L., an Air Force aircraft engine mechanic, received a schedule award for 25 percent left leg impairment after an accepted motorcycle accident and knee surgery. He sought a higher award. The Board found that the record did not establish more than the 25 percent already awarded. It affirmed OWCP’s…
E.P. and U.S. Postal Service, Post Office, Indianapolis, IN
E.P. (ECAB 13-1442): No ratable arm or leg impairment shown
E.P., a postal worker with accepted neck and back conditions, requested a schedule award. The Board credited a physician’s examination finding no permanent impairment of the arms or legs from those accepted conditions. It also upheld OWCP’s denial of his hearing request. It affirmed OWCP’s March 11…
Y.S. and U.S. Postal Service, Post Office, Milwaukee, WI
Y.S. (ECAB 13-1436): Arm award and late hearing denial affirmed
Y.S., a postal mail processing clerk, sought more than a 34 percent right arm schedule award for accepted conditions. The Board found that the evidence did not establish greater impairment. It also found her request for an oral hearing untimely. It affirmed OWCP’s December 31, 2012 and May 1, 2013…
C.M. and U.S. Postal Service, Distribution Center, Memphis, TN
C.M. (ECAB 13-1432): Work stress claim lacked a compensable factor
C.M., a postal maintenance manager, claimed an emotional condition arising from events at work. The Board found that he had not established a compensable employment factor underlying the claim. It also found no basis for reopening the merits on reconsideration. It affirmed OWCP’s November 27, 2012…
T.W. and U.S. Postal Service, Main Post Office, Washington, DC
T.W. (ECAB 13-1424): Bare reconsideration form did not reopen claim
T.W., a postal mail processor, sought reconsideration of an OWCP decision concerning her accepted wrist conditions. She checked the reconsideration box on a form but gave no new legal argument or relevant medical evidence addressing her ability to work. The Board found that the submission did not…
A.W. and U.S. Postal Service, Post Office, Carol Stream, IL
A.W. (ECAB 13-1403): Arm rating upheld, pay rate sent back
A.W., a postal employee, received a schedule award for five percent right arm impairment. The Board found that the medical rating was properly calculated and that no greater impairment was shown. It found the record unclear about her pay rate and whether wage loss and schedule benefits involved…
J.G. and Department of the Army, U.S. Army Materiel Command, McAlester, OK
J.G. (ECAB 13-1262): Higher leg impairment award denied
J.G., an Army motor vehicle operator, received a schedule award for two percent right leg impairment after accepted knee conditions. He sought a higher award. The Board found that the evidence did not establish greater permanent impairment under the applicable guides. It affirmed OWCP’s March 19…
Dominion Coal Corporation v. Secretary of Labor, MSHA
Dominion Coal Corporation v. Secretary of Labor (FMSHRC VA 2012-163, et al.): Gas-well and preshift orders affirmed
A continuous miner at Dominion Coal's No. 36 Mine intersected a gas well that was not properly located, mapped, or protected by a barrier. MSHA issued three orders under separate standards governing gas-well protection and mine maps, plus a fourth order for an inadequate preshift examination…
Signature Mining Services, LLC v. Secretary of Labor, MSHA
Signature Mining Services, LLC v. Secretary of Labor (FMSHRC EAJ 2012-02): Interim EAJA entitlement ruling amended
Signature Mining Services sought fees under the Equal Access to Justice Act after settling contests involving mine-wide imminent-danger and withdrawal orders. Judge Thomas P. McCarthy held that Signature was a prevailing party as to one imminent-danger order because the Secretary's agreement to…
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC
In re Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC (EAB CAA Appeal Nos. 13-03, 13-04, and 13-05): appeals dismissed for lack of jurisdiction
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company each reached settlements with EPA Region 8 in Clean Air Act enforcement matters. A Regional Judicial Officer approved parts of the consent agreements and issued final orders, while directing the parties to file…
Samson Resources Company
In re Samson Resources Company (EAB CAA Appeal No. 13-04): consolidated CAA matters dismissed for lack of jurisdiction
The EPA Region 8 Regional Judicial Officer issued consent agreements and final orders for Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company, LLC. The Environmental Appeals Board explained that the underlying matters arose from regional consent orders, not…
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company
In re Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company (EAB CAA Appeal Nos. 13-03, 13-04, and 13-05): Appeals dismissed for lack of jurisdiction
Berry Petroleum Company, Samson Resources Company, and Colorado Interstate Gas Company each settled a Clean Air Act enforcement matter with EPA Region 8. A regional judicial officer approved portions of the consent agreements and issued final orders, after which the Region sought more time to…
H.D. and Peace Corps, Volunteer Services, Guyana
H.D. (ECAB 13-1645): Termination of accepted injury benefits reversed
H.D., a former Peace Corps volunteer, received compensation for accepted brachial plexus lesions. OWCP ended disability and medical benefits based on physicians who questioned whether the accepted injury ever existed. The Board found that those opinions did not establish that residuals of the…
C.B. and U.S. Postal Service, Post Office, Bolton, NC
C.B. (ECAB 13-1516): Higher leg impairment award denied
C.B., a retired rural postal carrier, received a schedule award for three percent impairment of each lower extremity after an accepted work related vehicle accident. He sought a higher award. The Board found that the evidence did not establish impairment beyond the existing ratings. It affirmed…
S.L. and U.S. Postal Service, Post Office, Pontiac, MI
S.L. (ECAB 13-1484): Emotional condition and reopening claims denied
S.L., a postal mail handler, claimed an emotional condition after an alleged workplace confrontation. The Board found that he had not provided enough reliable detail to establish the alleged incident or a compensable work factor. It also upheld OWCP’s refusal to reopen the claim on reconsideration…
J.P. and U.S. Postal Service, Post Office, Chicago, IL
J.P. (ECAB 13-1476): Back disease claim lacked medical causation proof
J.P., a postal city carrier, attributed a back condition to lifting, stair climbing and bending at work. The Board found that the medical evidence did not adequately connect the claimed condition to those duties. It affirmed OWCP’s April 25, 2013 denial.
C.Q. and U.S. Postal Service, Post Office, Pomona, CA
C.Q. (ECAB 13-1451): Foot strain did not establish ratable impairment
C.Q., a postal letter carrier, sought a schedule award for accepted bilateral foot strain. An OWCP medical adviser reviewed the treating physician’s findings and rated impairment of each leg at zero percent under the applicable guides. The Board found no other medical evidence supporting permanent…
J.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Hines, IL
J.C. (ECAB 13-1283): Schedule award awaited medical stabilization
J.C., a Veterans Affairs worker, sought a schedule award for permanent impairment. The Board found that the medical evidence did not establish that he had reached maximum medical improvement. Without a stabilized condition, permanent impairment could not yet be rated. It affirmed OWCP’s March 5…
S.A. and U.S. Postal Service, Post Office, Coppell, TX
S.A. (ECAB 13-1251): One-point left arm award upheld; further increase denied
S.A., a postal mail processor, received one more percentage point in her latest schedule award, bringing her cumulative left arm impairment to 41 percent. She sought a higher rating for accepted arm and shoulder conditions. The Board found that the evidence did not establish impairment beyond the…
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.