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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M.G. and Department of Veterans Affairs, Police Section, Long Beach, CA
M.G. (ECAB 13-541): Work injury claim denied for lack of medical link
M.G., a Veterans Affairs police officer, sought compensation for conditions he attributed to a 1991 vehicle accident and a 1998 fall at work. OWCP accepted that both incidents occurred but denied the injury claim. The Board found that nursing and physical therapy records could not supply the…
M.F. and Department of the Army, Medical Research & Materiel Command, Fort Detrick, MD
M.F. (ECAB 13-532): Refusal to reopen injury claim affirmed
M.F., an Army employee, had an accepted lower back injury, but OWCP later ended her medical benefits. She asked OWCP to reconsider that termination and submitted medical reports. The Board could review only OWCP’s refusal to reopen the case because the earlier merits decision fell outside its…
T.J. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
T.J. (ECAB 13-366): Two percent hearing loss award affirmed
T.J., a Navy shipyard pipefitter leader, had accepted work-related hearing loss and received a schedule award for two percent impairment of both ears. He argued that an additional rating for tinnitus should increase the award. The Board found that OWCP correctly calculated and rounded the hearing…
K.M. and U.S. Postal Service, Gateway Performance Cluster, St. Louis, MO
K.M. (ECAB 13-180): Recurrence claim remanded for review of medical reports
K.M., a postal mail handler with an accepted lumbar strain, sought compensation for a claimed recurrence of disability from May 25 through June 8, 2012. OWCP denied the claim, saying she had not supplied medical evidence for that period. The Board found that OWCP had not discussed a chiropractor’s…
Everclear Enterprises, Inc.
High-rise window-washing citations vacated
Everclear employees washed high-rise windows while connected to independent fall-restraint or fall-arrest systems. OSHA alleged that workers had to secure themselves within the seatboard before suspension and that ropes needed specific permanent markings. The judge found that the seatboard and…
S.D. and U.S. Postal Service, Teutonia Station, Milwaukee, WI
S.D. (ECAB 12-1847): Shoulder impairment award sent back for better rating
S.D., a postal mail carrier with accepted shoulder conditions, received a schedule award for eight percent impairment of each upper extremity. She challenged the ratings and also contested OWCP’s refusal to give her an oral hearing. The Board found that the medical adviser had not adequately…
Bowie Resources, LLC
One citation modified and one vacated
Bowie Resources operated the Bowie No. 2 Mine, where two citations were adjudicated after a hearing and four other citations were settled. Judge Richard W. Manning found that a miner performed maintenance on a pick breaker without blocking the feeder breaker against motion, modified Citation No…
Secretary of Labor v. The American Coal Company
Nine violations upheld with $18,500 in penalties
The American Coal Company litigated ten citations involving an unclean bathhouse, unsupported roof and ribs, missing cutting goggles, an exposed electrical conductor, muddy travelways, and loose bridge boards at its large underground coal mine. Judge Michael E. Zielinski upheld nine violations but…
A.F. and Department of Homeland Security, Federal Law Enforcement Training Center, Glynco, GA
A.F. (ECAB 13-779): Refusal to reconsider wrist and emotional claims affirmed
A.F., an accounting technician, had an accepted mild aggravation of right wrist arthritis. OWCP later denied claims for continuing physical and emotional conditions, and she sought reconsideration. The Board could review only the refusal to reopen because the prior merits decision was outside its…
E.W. and U.S. Postal Service, Post Office, Brooklyn, NY
E.W. (ECAB 13-765): Shoulder injury and hearing denials affirmed
E.W., a postal motor vehicle operator, said his neck and right shoulder were injured when a mail cage stopped suddenly as he pushed it. OWCP accepted that the incident occurred but denied his injury claim. The Board found that one physician used an inaccurate account of the event and gave no…
A.S. and U.S. Postal Service, Post Office, Rancho Cucamonga, CA
A.S. (ECAB 13-669): Ankle injury claim denied without physician evidence
A.S., a rural postal carrier, reported injuring her left ankle when she stepped off a curb at work. OWCP accepted that the incident occurred but denied her compensation claim for lack of medical evidence from a physician. The only report before OWCP was from a physician assistant, whose opinion did…
T.M. and General Services Administration, Public Building Service, Washington, DC
T.M. (ECAB 13-577): Vehicle accident injury claim denied without medical report
T.M., a federal architect and project manager, was in a vehicle collision while leaving a contractor’s office for work. OWCP accepted that the collision occurred during her duties but denied compensation because the record contained no medical report diagnosing an injury from it. A police report…
S.W. and Department of Homeland Security, Federal Emergency Management Agency, Hyattsville, MD
S.W. (ECAB 13-572): Visible workplace cut established without medical report
S.W., a FEMA employee, reported striking her leg on a metal cabinet at work. Two coworkers observed a cut and swelling on her shin. One identified the left side. A physician later recorded a leg contusion without identifying the side. OWCP denied the claim because it considered the medical evidence…
R.R. and Department of Homeland Security, Customs & Border Protection, Ronkonkoma, NY
R.R. (ECAB 13-548): Wage-loss benefits suspended for missing earnings report
R.R., a federal pilot with an accepted lumbar disc condition, received wage-loss compensation. OWCP asked him to return a signed Form EN1032 reporting his work and earnings for the previous 15 months. It warned that benefits would be suspended if he did not respond within 30 days. He did not return…
T.G. and Department of the Navy, Defense Accounting Office, Norfolk, VA
T.G. (ECAB 13-419): Compensation forfeiture narrowed and overpayment amount set aside
T.G., a Navy payroll technician receiving injury compensation, did not disclose volunteer, business, and board activities on required earnings forms. The Board agreed that she knowingly omitted reportable activities even if they brought her no pay. But the evidence conflicted about when one…
B.C. and Department of the Navy, Air Systems Command, Patuxent River, MD
B.C. (ECAB 13-128): Spinal subluxation denial and reopening refusals affirmed
B.C., a Navy systems accountant with an accepted cervical injury, sought recognition of a spinal subluxation from the same work event. The Board’s analysis found that his chiropractor did not clearly identify supporting x-rays and that the initial x-ray did not show subluxation. It also found that…
E.W. and U.S. Postal Service, Express Mail Unit, New York, NY
E.W. (ECAB 12-772): Left leg schedule award denial affirmed
E.W., a postal clerk with an accepted sciatic nerve aggravation from lifting a parcel, sought a schedule award for permanent left leg impairment. His treating physician rated substantial impairment, while OWCP’s medical adviser disputed the claimed deficits. An impartial orthopedic examiner found…
Consolidation Coal Company
Coal accumulation and examination violations affirmed with $25,739 penalty
MSHA cited Consolidation Coal Company at the Shoemaker Mine for coal accumulations and an inadequate examination of a hazardous condition. Judge John Kent Lewis affirmed two orders under 30 C.F.R. § 75.400 and one citation under 30 C.F.R. § 75.360(b)(3). He found the violations significant and…
Secretary of Labor v. Jim Walter Resources, Inc.
Flooded escapeway violation reduced to no negligence
An MSHA inspector found a 52-foot section of Jim Walter Resources' alternate escapeway covered by clear water up to 11 inches deep. Judge L. Zane Gill held that the water violated the escapeway standard because even a limited obstruction could slow miners during an emergency evacuation. He denied…
C.O. and U.S. Postal Service, Post Office, Charlotte, NC
C.O. (ECAB 13-224): Postal carrier's injury claim denial affirmed
C.O., a postal carrier, said she injured her left foot after falling on steps while delivering mail in October 2011. The Board found that her account conflicted with one questionnaire and a medical report that placed a fall months earlier. She had not explained those differences, so the Board held…
L.M. and U.S. Postal Service, Post Office, North Las Vegas, NV
L.M. (ECAB 13-766): Late reconsideration request denied
L.M., a postal supervisor, sought to reopen OWCP’s 2009 denial of her work-related emotional condition claim. Her December 2012 reconsideration request was nearly two years and ten months past the one-year deadline. She submitted medical evidence and said her mental condition had prevented a timely…
B.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
B.C. (ECAB 13-603): Wage-earning capacity reduction left in place
B.C., a Navy shipyard welder, had accepted hand and arm conditions and a separate accepted fall injury. OWCP had reduced his compensation after finding that he could work as a motor vehicle dispatcher. He later sought to change that wage-earning capacity finding, saying his condition had worsened…
D.B. and U.S. Postal Service, Post Office, Bell, CA
D.B. (ECAB 13-547): Late request did not reopen occupational disease claim
D.B., a mail handler, claimed that repetitive work caused elbow and hand conditions. OWCP denied the claim in December 2008 because the medical evidence did not establish a work connection. She sought reconsideration in October 2012, after the one-year deadline, and submitted additional medical…
M.H. and U.S. Postal Service, Cincinnati Bulk Mail Center, Cincinnati, OH
M.H. (ECAB 13-514): $836.82 overpayment and denial of waiver affirmed
M.H., a postal mail handler, received wage-loss compensation after she returned to modified work following an accepted shoulder injury. OWCP found an $836.82 overpayment for June 18 through 30, 2012, and found that she was not at fault. The Board agreed that the payment was improper because she…
W.M. and U.S. Postal Service, Post Office, Durham, NC
W.M. (ECAB 13-291): $18,940.70 overpayment and repayment deductions upheld
W.M. received schedule awards based on an 11 percent left leg impairment, but a prior Board decision found only one percent impairment. OWCP calculated that this difference produced an $18,940.70 overpayment after accounting for compensation already paid for the relevant period. The Board upheld…
T.L., claiming as widow of W.L., and U.S. Postal Service, Lincoln Park Post Office, Lincoln Park, MI
T.L. (ECAB 12-1873): Death benefits claim remanded for exposure evidence
T.L. sought death benefits after her husband, a postal customer service supervisor, died of lung cancer. She submitted records of chemical contamination at the site of his workplace, but the record did not establish what exposure he experienced while working there. OWCP denied the claim after the…
J.B. and Department of Homeland Security, Customs & Border Protection, Fort Lauderdale, FL
J.B. (ECAB 12-979): Right shoulder claim not reopened for review
J.B., a customs inspector, sought medical benefits after OWCP terminated benefits for accepted right shoulder conditions. She requested reconsideration and submitted a physician’s report that mentioned ongoing right shoulder pain and recommended an electrodiagnostic study. The Board found that the…
K.P. and U.S. Postal Service, Northwestern Station, Detroit, MI
K.P. (ECAB 13-676): Hip disability claim remanded for medical opinion
K.P., a postal carrier, sought wage-loss compensation after OWCP accepted that her work aggravated left hip osteoarthritis. OWCP denied the disability claim based in part on a second-opinion physician’s report. The Board found that the physician had not addressed whether the work-related worsening…
M.S. and U.S. Postal Service, Distribution Center, Des Moines, IA
M.S. (ECAB 13-665): Nine days of claimed wage loss denied
M.S., a postal distribution worker, had accepted work-related conditions affecting both arms and sought wage-loss compensation. OWCP paid compensation beginning on October 26, 2011, when she underwent left arm surgery, leaving October 17 through 25 at issue. Her surgeon had written a brief note…
V.N. and U.S. Postal Service, Post Office, San Juan, PR
V.N. (ECAB 13-651): Four percent right arm award affirmed
V.N., a mail carrier, injured his right shoulder while climbing a fence to evade two aggressive dogs. He sought a schedule award, and OWCP granted four percent permanent right arm impairment based on a second-opinion physician’s shoulder tendinitis rating. Another physician had rated six percent…
J.B. and U.S. Postal Service, Post Office, Richmond, CA
J.B. (ECAB 13-625): Termination of 1997 lumbar injury benefits affirmed
J.B., a postal forklift operator, had an accepted lumbar strain from a 1997 work injury and several other injury claims. OWCP terminated benefits for the 1997 claim after a second-opinion orthopedic surgeon found no continuing lumbar strain residuals or related disability. Her treating physician…
R.E. and U.S. Postal Service, Post Office, Cameron, OK
R.E. (ECAB 13-179): Schedule award corrected from right arm to left
R.E., a rural postal carrier, had an accepted cervical disc condition and sought a schedule award. A referral physician rated one percent impairment of her left arm and none of her right, but OWCP’s medical adviser mistakenly assigned the one percent rating to the right arm. The Board accepted the…
M.S. and U.S. Postal Service, Post Office, Southeastern, PA
M.S. (ECAB 12-1759): Lower extremity schedule award denial affirmed
M.S., a postal mail processor, sought a schedule award for leg impairment related to an accepted temporary worsening of a lumbar disc condition. After earlier medical opinions failed to resolve the rating, OWCP used an impartial orthopedic examiner who found no ratable leg impairment. M.S…
R.C. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
R.C. (ECAB 12-1342): Disability recurrence claim remanded for new opinion
R.C., a postal processing clerk with accepted upper extremity conditions, stopped working in July 2008 after a period of part-time limited duty. She claimed that those conditions had caused a recurrence of total disability. Her treating physician said she could not work, while OWCP’s referral…
K.D. and Department of the Navy, Naval Facilities Engineering Command, Washington, DC
K.D. (ECAB 13-773): Upper extremity schedule award denied without impairment rating
K.D., a retired Navy cost engineer, had accepted cervical injuries after a vehicle struck him at work. He sought a schedule award for permanent impairment before retirement. OWCP explained how to document impairment of an arm caused by a spinal condition and asked for a rating under the applicable…
A.B. and U.S. Postal Service, Southwest Carrier Annex, Chicago, IL
A.B. (ECAB 13-703): Knee injury claim denial affirmed
A.B., a postal carrier, said he injured his left knee when he fell on steps while delivering mail. OWCP accepted that the fall occurred but denied the injury claim because the medical evidence did not establish that the fall caused the diagnosed knee condition. On reconsideration, his physicians…
J.W. and Department of the Army, Fort Irwin, CA
J.W. (ECAB 13-599): Carpal tunnel claim not reopened
J.W., an Army transportation assistant, claimed that repetitive computer work caused carpal tunnel syndrome. OWCP accepted the described work duties but denied the claim because the medical evidence did not establish a causal link. She sought reconsideration with more details about her duties and…
S.V. and Department of Veterans Affairs, Veterans Administration Medical Center, Redding, CA
S.V. (ECAB 13-555): Endoscope use claim denial affirmed
S.V., a VA physician, claimed that repeated use of an endoscope caused conditions affecting his right thumb and left ring finger. OWCP accepted that he performed the described work but denied the claim for lack of medical evidence connecting it to the conditions. The Board found that his hand…
D.B. and Department of Homeland Security, Transportation Security Administration, Tampa, FL
D.B. (ECAB 13-510): Airport commute injury claim denial affirmed
D.B., a TSA transportation security officer, injured his left hand when a cart of bins tipped near an airport elevator before his shift. He was traveling from the employee bus stop toward his work area, which was in a different terminal building. The Board found that the injury happened in a public…
J.D. and U.S. Postal Service, Post Office, Dayton, OH
J.D. (ECAB 13-482): Continuation of pay and wage-loss denials affirmed
J.D., a postal mail processing clerk, had accepted neck and shoulder strains after pulling mail from a sorting machine. She stopped working and sought continuation of pay and later wage-loss compensation. The Board found that her physicians had not explained how the accepted strains caused total…
N.R. and Department of the Navy, Military Sealift Command, Military Ocean Terminal, Bayonne, NJ
N.R. (ECAB 12-1853): Social Security offset and recovery affirmed
N.R., a former Navy employee, received both FECA compensation and Social Security retirement benefits partly attributable to federal service. OWCP found that the federal-service portion required an offset and that past payments had produced an overpayment. Although N.R. was found without fault, he…
J.S. and Department of the Air Force, Air Combat Command, Langley AFB, VA
J.S. (ECAB 12-1707): First direct deposit fault finding set aside
J.S., an Air Force employee, received FECA wage-loss payments by direct deposit after returning to full-time work in July 2011. The Board upheld OWCP’s $8,460.55 overpayment calculation for the overlapping period. It found no proof that J.S. knew the first incorrect deposit was wrong when it…
D.T. and U.S. Postal Service, Post Office, Newark, NJ
D.T. (ECAB 12-1338): Termination of carpal tunnel benefits affirmed
D.T., a postal mail handler, received benefits for an accepted work-related aggravation of bilateral carpal tunnel syndrome. OWCP terminated benefits in 2010 after an impartial orthopedic examiner found no continuing work-related residuals or disability. Her treating physician disagreed and cited…
A.B. and U.S. Postal Service, Post Office, Silver Spring, MD
A.B. (ECAB 13-700): Hip condition claim denial affirmed
A.B., a postal clerk, attributed severe left hip arthritis to a prior knee injury and to standing and walking on concrete floors at work. He had undergone left hip replacement surgery before seeking a decision on his claim. The Board found that his physician attributed the hip condition to an…
T.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Kerrville, TX
T.T. (ECAB 13-685): Wage-earning capacity ruling reversed
T.T., a VA nursing assistant, worked in modified positions after an accepted shoulder injury. OWCP set her wage-earning capacity using the duties of the first modified position and reduced her wage-loss compensation to zero. The Board found that she had already accepted a different modified…
M.R. and U.S. Postal Service, Processing & Distribution Center, Santa Clarita, CA
M.R. (ECAB 13-590): Intermittent wage-loss denial affirmed
M.R., a postal mail handler, had an accepted left toe fracture and worked part time after earlier compensation ended. She sought intermittent wage-loss benefits for May through mid-July 2012. Her physician limited standing, walking, and other tasks but did not restrict her to part-time hours; the…
C.P. and U.S. Postal Service, Energy Center Station, Lafayette, LA
C.P. (ECAB 13-526): Overpayment corrected and waiver sent back
C.P., a part-time postal clerk, received FECA benefits based on a 40-hour workweek although her records showed an average of 34.11 hours. OWCP found an overpayment of $14,074.21 and said the debt had been repaid, without deciding C.P.’s waiver request. The Board agreed that an overpayment existed…
S.S. and Department of the Army, Transportation Center, Fort Eustis, VA
S.S. (ECAB 13-493): Suitable-work termination not reopened
S.S., an Army employee with an accepted wrist condition, had benefits terminated after OWCP found that he refused a suitable light-duty supply position. He sought reconsideration, arguing again that the offered work was medically and vocationally unsuitable and that OWCP had applied the wrong legal…
P.V. and Department of Defense, Defense Logistics Agency, Columbus, OH
P.V. (ECAB 12-1822): Rescission of accepted disease claim reversed
P.V., a Defense Logistics Agency employee, claimed she contracted Legionnaires’ disease during a work trip. OWCP initially accepted the claim, then rescinded acceptance after the employer disputed whether the infection came from the hotel used for the meetings. The Board found that OWCP had…
S.H. and Architect of the Capitol, Training Department, Washington, DC
S.H. (ECAB 12-1744): Emotional condition claim denied for lack of proven work factors
S.H., a human resources specialist for the Architect of the Capitol, claimed an emotional condition caused by her supervisor’s alleged threats, harassment, and handling of personnel matters. OWCP denied the claim because it found no established compensable work factor. The Board found that the…
Secretary of Labor v. Hidden Splendor Resources, Inc.
Bankruptcy did not stay safety-enforcement review
Hidden Splendor Resources filed for Chapter 11 bankruptcy while the Commission was reviewing three civil penalties from a 23-citation case. The company argued that the bankruptcy filing automatically stayed the Commission proceeding. The Commission held that MSHA penalty litigation falls within the…
Secretary of Labor on behalf of Darrick Piper v. KenAmerican Resources, Inc.
Temporary reinstatement ordered
Darrick Piper alleged that KenAmerican Resources terminated him because of protected activity and later failed to recall him. Judge Kenneth R. Andrews found that Piper’s discrimination complaint was not frivolously brought and ordered his immediate temporary reinstatement at the same pay, hours…
OmniLytics, Inc.
In re OmniLytics, Inc. (EAB FIFRA Appeal No. 13-04C): Consent Agreement ratified
OmniLytics, Inc. was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act proceeding. The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c) and ordered OmniLytics to comply with all of its terms immediately. A footnote explains…
D.M. and U.S. Postal Service, Seven Oaks Station, Detroit, MI
D.M. (ECAB 13-535): Fall in public alley outside Postal Service premises
D.M., a Postal Service sales service associate, slipped on ice while walking through an alley toward work before her scheduled shift. She claimed an injury to her right shoulder and elbow. The Board found that the alley belonged to the city and was open to other travelers, so it was outside the…
S.W. and U.S. Postal Service, Post Office, Bellmawr, NJ
S.W. (ECAB 13-502): Shoulder claim and request for larger schedule awards denied
S.W., a postal clerk with accepted bilateral carpal tunnel syndrome, sought to add shoulder conditions to her claim and increase schedule awards already paid for four percent impairment of each upper extremity. Her doctors and OWCP’s examiner disagreed about work causation and the extent of…
C.B. and U.S. Postal Service, Post Office, Detroit, MI
C.B. (ECAB 13-479): Leg impairment rating remanded for proper explanation
C.B., a Postal Service letter carrier, had an accepted back injury and right leg radiculopathy and had received a schedule award for three percent impairment of the right leg. He sought a larger right leg award and a rating for the left leg. His physician rated the right leg at 15 percent, while…
C.H. and U.S. Postal Service, Post Office, Dayton, OR
C.H. (ECAB 13-462): Untimely reconsideration denied without merit review
C.H., a Postal Service employee with an accepted back injury, challenged a reduction of her wage-loss compensation based on an office clerk position. She asked OWCP to reconsider more than a year after its last merit decision, arguing that it had wrongly treated her as holding a bachelor’s degree…
K.E. and Department of the Army, Corps of Engineers, Seattle, WA
K.E. (ECAB 13-296): Recurrence claim remanded for evidence about commute limits
K.E., an Army Corps of Engineers employee, returned to modified work after an accepted left knee injury and later stopped working, claiming a recurrence of disability. Her doctors limited how long and how often she could drive to work. OWCP denied the claim after asking a second-opinion doctor to…
J.L. and U.S. Postal Service, General Mail Facility, Amarillo, TX
J.L. (ECAB 13-132): Health insurance overpayment upheld, fault finding reversed
J.L., a Postal Service carrier receiving FECA compensation, remained enrolled in federal health insurance while OWCP failed to deduct premiums from his benefits. The Board upheld the resulting $4,030.50 overpayment for May 31, 2010 through July 2, 2011. It rejected OWCP’s fault finding because the…
E.M. and Department of Labor, Wage and Hour Division, Dallas, TX
E.M. (ECAB 12-1899): Emotional condition denial and refusal to reopen affirmed
E.M., a Department of Labor human resources employee, claimed an emotional condition caused by alleged mistreatment and harassment at work. The Board found insufficient evidence of error or abuse in personnel matters or of the alleged threatening conduct. It noted that the disputed meeting accounts…
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.