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.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Bay Pines, FL
A.C. (ECAB 13-1210): Back disability recurrence denied
A.C., a VA worker, sought compensation for renewed work disability from an accepted low back strain. The Board found that the medical evidence did not show the accepted condition worsened or caused disability from June 22 to August 21, 2012. It affirmed OWCP’s March 5, 2013 denial.
K.C. and Department of Veterans Affairs, Veterans Benefits Administration, Indianapolis, IN
K.C. (ECAB 13-0585): Emotional condition claim denied
K.C., a VA benefits worker, claimed that work aggravated an existing emotional condition. The Board reviewed her alleged workplace actions and the medical reports. It found that the record did not establish a compensable work-related emotional injury. It affirmed OWCP’s December 17, 2012 denial.
C.W. and U.S. Postal Service, Post Office, Albany, NY
C.W. (ECAB 13-1501): Award start date upheld
C.W., a postal window clerk, challenged the start date for schedule awards for bilateral carpal tunnel syndrome. OWCP used February 19, 2013, the date of an impairment evaluation, as the date of maximum medical improvement. The Board found no sufficient medical basis for an earlier stable…
A.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
A.C. (ECAB 13-1408): Hernia award and reopening denied
A.C., a Navy electrician, sought a schedule award related to an accepted work injury and later requested reconsideration. The Board found that the record did not establish a compensable scheduled impairment. It also found that the reconsideration request did not meet a ground for merit review. It…
L.W. and U.S. Postal Service, Post Office, King of Prussia, PA
L.W. (ECAB 13-1374): Impairment award denied
L.W., a postal worker, sought a schedule award for impairment she linked to a 1993 accepted injury. Following an earlier remand, an impartial medical examiner reviewed an updated statement of accepted facts. The Board found that the evidence did not establish permanent impairment of a scheduled…
M.R. and U.S. Postal Service, Post Office, Tampa, FL
M.R. (ECAB 13-1318): Back and knee injury claim denied
M.R., a postal carrier, reported back and bilateral knee pain while turning repeatedly during mail delivery. OWCP accepted the June 21, 2012 work incident but denied the injury claim. The Board found that his medical submissions did not adequately explain how the incident caused or aggravated the…
T.S. and Department of the Army, Fort Polk, LA
T.S. (ECAB 13-1046): Suitable work refusal termination upheld
T.S., an Army nursing assistant, refused a modified job offered after an accepted ankle injury. The Board found that the job matched the medical restrictions and that OWCP followed the suitable work process. It affirmed termination of wage-loss compensation and OWCP’s February 20, 2013 decision.
M.W. and Department of Veterans Affairs, Atlanta Veterans Administration Medical Center, Decatur, GA
M.W. (ECAB 13-1013): Arthritis and award claims denied
M.W., a retired VA nurse, sought to add degenerative arthritis and later lumbar surgery to an accepted back injury claim. She also sought a schedule award. The Board found insufficient medical evidence linking the arthritis and surgery to the accepted injury and no ratable impairment of a scheduled…
J.W. and U.S. Postal Service, Post Office, Philadelphia, PA
J.W. (ECAB 13-0606): Hip surgery denial upheld, disability remanded
J.W., a postal carrier, sought authorization for a left hip replacement and wage-loss benefits for a prior period. The Board found that OWCP reasonably denied the requested surgery on the medical record. It found a separate conflict in medical opinion about disability from September 2008 through…
J.N. and U.S. Postal Service, Lancaster Processing & Distribution Center, Lancaster, PA
J.N. (ECAB 13-0289): Referee selection needs proof
J.N., a postal worker, sought benefits for renewed disability and a cervical condition. OWCP relied on a referee physician to resolve a medical conflict. The Board found that the record did not document a fair and unbiased selection of that physician, so the opinion could not carry special weight…
L.M. and Department of Veterans Affairs, Western New York Healthcare System, Buffalo, NY
L.M. (ECAB 13-0267): Stress claim and reopening denied
L.M., a VA medical supply technician, claimed an emotional condition arising from workplace events. The Board found no compensable employment factor established on this record. It also found that her reconsideration submission did not require OWCP to reopen the claim. It affirmed OWCP’s July and…
Stericycle Inc.
In re Stericycle Inc. (EAB CAA Appeal No. 13-01): Title V permit appeal dismissed for lack of jurisdiction
Concerned Salt Lake City Area Residents Against the Stericycle Incinerator and Greenaction for Health and Environmental Justice appealed a Utah Title V operating permit for Stericycle Inc. They asked the EAB to consider a 2009 petition requesting that EPA object to the permit. The Board held that…
D.H. and Department of Homeland Security, Immigration & Customs Enforcement, Williston, VT
D.H. (ECAB 13-1616): Foot injury claim denied
D.H., an immigration enforcement employee, claimed a left foot injury after tripping on uneven pavement at work. The Board accepted that the incident happened. It found that x-rays and other medical submissions did not establish a diagnosed condition caused by the incident. It affirmed OWCP’s…
W.D. and Department of Health & Human Services, Centers for Disease Control & Prevention, Atlanta, GA
W.D. (ECAB 13-1522): Promotion dispute did not establish a compensable stress claim
W.D., a CDC employee, claimed an emotional condition related to the handling of her applications for promotion. The Board found that she had not established error or abuse by the agency in that process. Because no compensable work factor was shown, the Board did not reach the medical evidence. It…
D.S. and Department of the Army, Tobyhanna Army Depot, Tobyhanna, PA
D.S. (ECAB 13-1463): Hearing award and hearing aids denied
D.S., an Army electronics mechanic, had an accepted occupational hearing loss claim. The Board found that the audiogram yielded no ratable hearing impairment under the applicable schedule award method. It also found that OWCP reasonably denied hearing aids on the medical evidence. It affirmed…
B.A. and Department of Justice, Bureau of Prisons, Pollack, LA
B.A. (ECAB 13-1366): Related spine claim files must be combined
B.A., a prison employee, appealed the denial of an occupational lumbar condition claim. He also had an earlier accepted back injury claim. The Board found that evidence in the earlier file could bear directly on the new claim and was needed for a full review. It set aside OWCP’s April 18, 2013…
G.D. and U.S. Postal Service, Post Office, Brooklyn, NY
G.D. (ECAB 13-1358): Late reported lifting injury claim denied
G.D., a postal vehicle operator, alleged back and buttock pain after lifting fallen postal containers. The Board found that his account lacked enough detail to establish the August 14, 2011 incident as alleged. His injury claim was filed more than a year later, and the medical record did not supply…
B.M. and U.S. Postal Service, Post Office, Cincinnati, OH
B.M. (ECAB 13-1331): Hip injury claim lacked a medical cause link
B.M., a postal letter carrier, reported that his right leg gave out while he climbed stairs delivering mail on July 3, 2012. OWCP accepted the work incident. The Board found that the medical reports did not explain how it caused his hip condition. It affirmed OWCP’s March 29, 2013 denial.
M.H. and U.S. Postal Service, Post Office, Sacramento, CA
M.H. (ECAB 13-1315): Continuing disability after accepted injury not shown
M.H., a postal employee, sought medical and wage loss benefits for conditions she linked to a 2003 work injury after March 28, 2008. The Board had previously addressed the accepted strains and the termination of compensation. It found that her new submissions did not establish a continuing causal…
G.D. and Department of the Navy, Naval Air Systems Command, Fleet Readiness Center Southeast, Jacksonville, FL
G.D. (ECAB 13-1144): Hearing loss award and aids denied
G.D., a Navy planner, had an accepted occupational hearing loss claim after years of noise exposure. The Board found that his audiogram did not meet the threshold for a ratable schedule award. It also upheld OWCP’s denial of hearing aids on the medical record. It affirmed the March 12, 2013…
M.C. and U.S. Postal Service, Post Office, Long Beach, CA
M.C. (ECAB 13-1002): Compensation suspended for missing earnings report
M.C., a postal clerk receiving disability compensation, was asked to report her earnings and work activity on Form CA-1032. OWCP warned that failure to submit the form within 30 days could suspend benefits. The Board found no proof that OWCP received a completed form before its March 12, 2013…
P.B. and Department of the Treasury, Bureau of Engraving & Printing, Fort Worth, TX
P.B. (ECAB 13-0636): Wage loss termination reversed
P.B., a Treasury employee, challenged termination of wage loss benefits following an accepted knee and back injury. OWCP relied on an impartial physician to find that she could work. The Board found that his opinion was too speculative to meet OWCP’s burden to terminate compensation. It reversed…
Secretary of Labor v. Oak Grove Resources, LLC
Pushing-car safeguard violation upheld on remand
Oak Grove pushed a haulage carrier holding a 24-ton shearer body on its main haulage road despite a mine-specific safeguard prohibiting pushed cars. The carrier derailed, locomotives rolled, and a miner was fatally pinned while inspecting the derailment. On remand from an earlier Commission ruling…
Secretary of Labor v. Ludwig Explosives, Inc. and Tuscola Stone Company
Unscaled highwall violations upheld
Two blasters worked near the base of a 40-foot highwall made of loose, unconsolidated material after heavy rain and observed rock falls. Judge John Kent Lewis held both Tuscola Stone and blasting contractor Ludwig Explosives responsible under 30 C.F.R. § 56.3200: Tuscola failed to test and scale…
M.G. and U.S. Postal Service, Post Office, St. Louis, MO
M.G. (ECAB 13-1708): Cage injury claim lacked medical cause proof
M.G., a postal employee, said the top of a cage fell on her at work and injured her neck, back, and shoulders. The Board accepted the incident but found that the physicians diagnosing a cervical disc herniation did not explain its link to the event. It affirmed OWCP’s December 19, 2012 denial of…
S.B. and Department of the Interior, National Park Service, Washington, DC
S.B. (ECAB 13-1632): Lifting injury claim lacked reasoned medical support
S.B., a National Park Service management assistant, reported low back pain after lifting and moving boxes at work. OWCP accepted the November 20, 2012 incident. The Board found that her physician did not adequately explain how it caused the claimed disc condition. It affirmed OWCP’s March 8 and May…
Y.M. and U.S. Postal Service, Post Office, New Orleans, LA
Y.M. (ECAB 13-1626): Arm impairment award needs further medical review
Y.M., a postal employee, sought a larger schedule award for impairment of her upper extremities. OWCP had granted an additional 17 percent impairment of her right arm. The Board found that the evaluation did not adequately address whether her accepted neck and shoulder strains caused impairment in…
T.H. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Butner, NC
T.H. (ECAB 13-1507): Late reconsideration request denied
T.H., a prison employee, sought reconsideration of a denial of leave buyback compensation for time following an accepted injury. OWCP received his request more than one year after the last merit decision. The Board found it untimely and found no clear evidence of error that required reopening. It…
Y.J. and U.S. Postal Service, Post Office, Oakland, CA
Y.J. (ECAB 13-1478): Late wrist claim reconsideration denied
Y.J., a postal employee, sought reconsideration of a decision denying her claim for a wrist injury during a functional capacity evaluation. She applied years after the last merit decision. The Board found that the request was untimely and did not establish clear evidence of error. It affirmed…
R.W. and U.S. Postal Service, Post Office, Detroit, MI
R.W. (ECAB 13-1285): Overpayment after return to work upheld
R.W., a postal carrier, received disability compensation after returning to full time work. The Board upheld OWCP’s finding of a $3,384.40 overpayment for January 2 through February 9, 2013. It also found that he knew or should have known the payments were incorrect, so recovery could not be…
M.M. and Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, NY
M.M. (ECAB 13-1217): Termination of injury benefits reversed
M.M., a prison employee, had an accepted neck and back strain claim. OWCP terminated wage loss and medical benefits after a physician said the conditions had resolved. The Board found that his opinion did not adequately address examination findings showing limited movement and tenderness. It…
A.L. and U.S. Postal Service, Post Office, Hartford, CT
A.L. (ECAB 13-0701): Arm impairment claim needs a second medical opinion
A.L., a postal employee, sought a schedule award for arm impairment related to an accepted back and neck injury. The Board found that his attending physician’s rating was insufficient, but OWCP’s adviser recommended another evaluation. It vacated OWCP’s January 14, 2013 denial and directed a second…
D.M. and U.S. Postal Service, Post Office, Washington, DC
D.M. (ECAB 13-1798): Noise related illness claim denied
D.M., a postal employee, attributed hearing loss, tinnitus, and migraines to loud music played near her work space over time. The Board treated the claim as an occupational disease claim. It found insufficient medical evidence linking the claimed conditions to the workplace noise. It affirmed…
T.D. and U.S. Postal Service, Broderick Station, Albany, NY
T.D. (ECAB 13-1567): Continuing benefits for resolved disc injury denied
T.D., a postal carrier, sought further compensation after an accepted work injury aggravated a mild lumbar disc bulge. OWCP had paid benefits and later ended them after an impartial physician found that the accepted aggravation had resolved. The Board found that arguments about other conditions did…
R.L. and U.S. Postal Service, Post Office, Tulsa, OK
R.L. (ECAB 13-1410): Shoulder condition claim lacked medical link
R.L., a rural postal carrier, claimed that repeated reaching during deliveries injured his left shoulder. OWCP accepted his description of the work duties. The Board found that his medical reports did not adequately explain how those duties caused the diagnosed shoulder condition. It affirmed…
A.L. and U.S. Postal Service, Post Office, New York, NY
A.L. (ECAB 13-1325): Mail sorting injury needs further medical review
A.L., a postal worker, claimed a neck injury after prolonged bending while sorting mail on July 2, 2012. The Board found that a physician’s report raised an uncontroverted possibility of a work related aggravation but did not fully explain it. It set aside OWCP’s April 18, 2013 denial and ordered…
J.S. and U.S. Postal Service, Processing & Distribution Center, Columbia, SC
J.S. (ECAB 13-1288): Suitable work refusal termination reversed
J.S., a postal worker with accepted back and shoulder injuries, was offered a modified mail handler job. OWCP ended his compensation after he refused it. The Board found that the job required bending and stooping that his impartial physician had barred. It reversed OWCP’s March 29, 2013 termination.
W.G. and U.S. Postal Service, Post Office, Denver, CO
W.G. (ECAB 13-1112): Retroactive earning capacity decision reversed
W.G., a postal vehicle mechanic, challenged OWCP’s use of his prior modified position to measure wage earning capacity after the Postal Service withdrew that work. The Board found that OWCP had not followed the applicable procedure for withdrawn limited duty jobs. It reversed OWCP’s February 22…
D.M. and U.S. Postal Service, General Mail Facility, Phoenix, AZ
D.M. (ECAB 13-1033): Referee physician selection needs findings
D.M., a postal employee, challenged the denial of continued physical therapy. OWCP relied on a referee physician but did not address D.M.’s objection that the selection process lacked required documentation. The Board set aside OWCP’s February 13, 2013 decision and ordered findings on the…
P.S. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
P.S. (ECAB 13-0370): Parking lot injury acceptance rescinded
P.S., a TSA employee, was injured in a designated employee parking lot well before his shift. The Board found that the lot was on the employer’s premises, but that he was there too early and was not shown to be performing work or an incidental task. It upheld OWCP’s rescission of claim acceptance…
J.T. and U.S. Postal Service, Post Office, Portland, ME
J.T. (ECAB 13-1580): Spousal compensation denial reversed
J.T., a postal employee, was denied augmented compensation because OWCP did not recognize his same sex marriage under the Defense of Marriage Act. After the Supreme Court ruled on that law, OWCP’s Director moved to reverse the denial and pay the benefits. The Board granted the motion, reversed…
M.Z. and Department of Veterans Affairs, Veterans Administration Medical Center, Syracuse, NY
M.Z. (ECAB 13-1427): Patient assistance injury claim denied
M.Z., a VA employee, claimed a low back injury after a patient pulled her arm while she assisted the patient. The Board found that her physicians did not adequately explain how that incident caused or worsened the diagnosed lumbar condition, given evidence of preexisting disc disease. It affirmed…
B.W. and U.S. Postal Service, Post Office, Louisville, KY
B.W. (ECAB 13-1381): Reduced benefits based on earning capacity upheld
B.W., a postal clerk with accepted arm and shoulder injuries, challenged a reduction in disability compensation. OWCP found she could earn wages as a customer service representative within her medical restrictions. The Board found the selected job and wage calculation supported on the record. It…
M.A., claiming as widow of H.A., and U.S. Postal Service, Post Office, Bridgewater, NJ
M.A., claiming as widow of H.A., (ECAB 13-1380): Death benefit claim lacked medical cause proof
M.A. sought death benefits after her husband, a postal employee with an accepted back injury, died in April 2012. The Board found that the medical evidence did not establish that the accepted back conditions caused or contributed to his death. It affirmed OWCP’s January 14, 2013 denial of the death…
D.S. and U.S. Postal Service, Post Office, Glenside, PA
D.S. (ECAB 13-1326): Denial of additional right arm award upheld
D.S., a postal carrier, sought more than an eight percent schedule award for right arm impairment after an accepted shoulder and neck injury. The Board reviewed conflicting medical ratings and the impartial examiner’s opinion. It found that the record did not establish greater ratable impairment…
C.B. and U.S. Postal Service, Hudson Postal Station, Modesto, CA
C.B. (ECAB 13-1300): Pallet jack injury claim and late hearing request denied
C.B., a postal employee, claimed that a malfunctioning pallet jack injured his left shoulder. The Board found material inconsistencies about when and how the incident occurred. It also found his request for an OWCP hearing untimely. It affirmed OWCP’s December 2012 and February 2013 decisions.
G.S. and Department of the Treasury, Internal Revenue Service, Philadelphia, PA
G.S. (ECAB 13-1297): Refusal to reopen claim upheld
G.S., an IRS employee, asked OWCP to reconsider an earlier benefit decision. The Board found that her submission did not show legal error, raise a new legal argument, or supply relevant new evidence. It affirmed OWCP’s November 6, 2012 refusal to reopen the merits without deciding the underlying…
E.L. and U.S. Postal Service, Post Office, Boston, MA
E.L. (ECAB 13-0943): Hip award start date upheld
E.L., a postal employee, challenged the maximum medical improvement date used for a schedule award for accepted bilateral hip conditions. The Board found that February 3, 2011, the date of the definitive impairment examination, was supported by the medical evidence. It affirmed OWCP’s December 14…
B.C. and U.S. Postal Service, Tustin Post Office, Tustin, CA
B.C. (ECAB 13-0290): New witness accounts require merit review
B.C., a postal employee, sought reconsideration of a denied injury claim. He supplied new witness statements about the time and circumstances of the incident, addressing the reason OWCP had denied the claim. The Board found that OWCP should have reopened the merits. It set aside OWCP’s August 2…
Chevron Michigan, LLC of Traverse City, Michigan
In re Chevron Michigan, LLC of Traverse City, Michigan (EAB UIC Appeal No. 13-03): Permit review denied after remand issues were barred or unpreserved
Chevron Michigan, LLC held an EPA Region 5 permit to drill and operate a Class II Underground Injection Control well in Antrim County, Michigan, for noncommercial brine disposal. Norma Petrie challenged the reissued permit after the Environmental Appeals Board had remanded the earlier permit…
R.D. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX
R.D. (ECAB 13-1458): Twenty six percent hearing award upheld
R.D., a Customs and Border Protection officer, sought more than the 26 percent binaural hearing loss award OWCP granted. The Board found that the medical adviser correctly applied the standard method to the qualifying audiogram. It affirmed OWCP’s April 18, 2013 award decision.
M.S. and U.S. Postal Service, Cardiss Collins Post Office, Chicago, IL
M.S. (ECAB 13-1588): Related files needed for leg impairment award
M.S., a postal clerk, appealed the denial of a schedule award for permanent leg impairment. OWCP had one related claim file for an accepted lower back condition. The Board found that the related file and this claim needed to be considered together before deciding the award. It set aside OWCP’s…
A.G. and U.S. Postal Service, Post Office, San Diego, CA
A.G. (ECAB 13-1574): Lifting injury claim lacked medical cause proof
A.G., a postal carrier, claimed a back injury after lifting a tray of mail flats. OWCP accepted the February 19, 2013 lifting incident. The Board found that his medical evidence did not adequately explain how it caused the diagnosed lumbar strain in light of his back history. It affirmed OWCP’s May…
B.P. and Department of Veterans Affairs, Veterans Administration Medical Center, Columbia, SC
B.P. (ECAB 13-1572): Knee condition claim lacked medical link
B.P., a VA employee, attributed knee disease to walking, standing, and other work duties. The Board accepted that he performed those duties but found that the physicians did not adequately explain how they caused or aggravated the diagnosed knee conditions. It affirmed OWCP’s December 17, 2012…
S.T. and U.S. Postal Service, Bulk Mail Center, Richmond, CA
S.T. (ECAB 13-1416): Termination of strain benefits upheld
S.T., a postal clerk, received compensation for an accepted lumbosacral strain after lifting mail from the floor. OWCP later found that the strain had resolved. The Board found that the medical record supported ending benefits for that accepted condition. It affirmed OWCP’s November 29, 2012…
M.D. and U.S. Postal Service, Falconfield Station, Mesa, AZ
M.D. (ECAB 13-1344): Delayed reconsideration requires merit review
M.D., a postal employee, sought reconsideration of a denied recurrence of disability claim. OWCP took more than eight months to respond and then refused a merit review. The Board found that the delay deprived her of a timely Board appeal from the earlier merit decision. It set aside OWCP’s April…
B.A. and U.S. Postal Service, Post Office, Alexandria, VA
B.A. (ECAB 13-1257): Claimed full disability from foot conditions denied
B.A., a postal employee with accepted bilateral foot conditions, sought wage loss compensation for total disability from July 2009 through August 2011. The Board found that the medical reports did not establish total inability to work throughout that period because of the accepted conditions. It…
R.A. and U.S. Postal Service, Post Office, Oakland, CA
R.A. (ECAB 13-1229): Postal work condition claim lacked medical link
R.A., a postal mail processing clerk, claimed an occupational disease related to his work duties. The Board accepted that he stood and walked at work and had diagnosed medical conditions. It found that his physicians did not adequately explain a causal link between specific duties and those…
R.N. and U.S. Postal Service, Post Office, Albert Lea, MN
R.N. (ECAB 13-0549): Five percent arm award upheld
R.N., a postal carrier, sought a larger schedule award for left arm impairment after an accepted shoulder condition. The Board found that a higher rating based on Minnesota’s disability schedule did not establish greater impairment under the federal method. It affirmed OWCP’s October 2, 2012…
State of Hawaii, Department of Transportation, Highways Division
In re State of Hawaii, Department of Transportation, Highways Division (EAB NPDES Appeal No. 13-11): State permit appeal dismissed for lack of jurisdiction
The State of Hawaii Department of Transportation petitioned the Environmental Appeals Board to review aspects of an NPDES permit issued by the Hawaii Department of Health for a department-operated municipal separate storm sewer system. The Board explained that its permit-review authority under 40…
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.