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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J.S. and U.S. Postal Service, Post Office, Richmond, VA
J.S. (ECAB 13-381): Spine ratings did not support a schedule award
J.S., a postal mail handler, had accepted lumbar sprain and cervical strain injuries and sought a schedule award for permanent impairment. His submitted ratings addressed impairment of the spine or whole body. The Board explained that FECA does not pay a schedule award for the back, spine, or body…
F.H. and Department of the Army, Engineers and Housing Administration Services Branch, Fort Lewis, WA
F.H. (ECAB 13-356): Late hearing request denied after benefits termination
F.H., a former Army warehouse worker, had received compensation for accepted back conditions and right foot drop. OWCP terminated his medical and wage-loss benefits in April 2012. He requested an oral hearing several months later, beyond the 30-day deadline. The Board held that OWCP correctly found…
J.S. and U.S. Postal Service, Lafayette Post Office, Norfolk, VA
J.S. (ECAB 13-166): Shoulder award required proof of medical stability
J.S., a postal letter carrier, had an accepted left rotator cuff tear and underwent several shoulder procedures. He requested a schedule award for permanent impairment. One doctor assigned an impairment rating, but his treating surgeon continued to prescribe treatment and physical therapy to…
Teddy Mosley Painting
Roof fall-protection and ladder items affirmed
Teddy Mosley Painting employees performed roofing work on a steep roof almost eight feet above the ground without fall protection. The ladders did not reach the roof edge or extend three feet above it, and the foreman descended by stepping on the top step while facing away from the ladder. The…
Brocato Construction, Inc.
Trench citations affirmed by default
OSHA cited Brocato Construction at two Mississippi worksites for employees working in excavations without cave-in protection and, at one site, without safe egress. The company timely contested but did not answer discovery, attend scheduled conferences, respond to orders, claim certified mail, or…
L.D. and Department of the Air Force, Peterson Air Force Base, CO
L.D. (ECAB 12-1408): Overpayment amounts sent back for explanation
L.D., a part-time Air Force contracting officer, received disability compensation calculated using a full-time pay rate and without deductions for certain life insurance premiums. OWCP found overpayments totaling $185,982.09 and ordered recovery by withholding $1,500 a month from continuing…
Hubbard Construction
Repeat trench cave-in item affirmed
Hubbard Construction installed storm-water pipe in a trench beside a heavily traveled highway. After the crew encountered a utility line, the foreman removed the trench box and directed two employees to work for several minutes in a six-foot-deep Type C excavation with slopes steeper than…
Manson Mowat, A Joint Venture
Barge hoist citation vacated after fatal equipment failure
Manson Mowat used a three-drum hoist to raise and lower the heavy spuds that held a construction barge in place. A ratchet wheel broke apart while a spud was being lowered, striking and killing the operator. OSHA alleged that the middle drum improperly lacked an automatic pawl release and that an…
Cranesville Block Co.
Review withdrawn and judge's ruling made final
The judge decided three consolidated dockets involving related Cranesville companies. The Secretary petitioned for Commission review only of issues in two companion dockets, not docket 10-0447. The Commission therefore severed 10-0447 and vacated its direction for review of that case. The judge's…
K.B. and U.S. Postal Service, Post Office, Belleville, IL
K.B. (ECAB 13-898): Schedule award sent back for a written decision
K.B., a postal employee with accepted right knee conditions, appealed a schedule award she considered too small. The record showed a payment labeled as a three percent leg impairment award but contained no final OWCP decision explaining it or stating appeal rights. The Board did not decide the…
C.K. and Department of Veterans Affairs, Veterans Health Administration, Sheridan, WY
C.K. (ECAB 13-504): Injury denial upheld on different medical grounds
C.K., a pharmacy technician, reported back and leg symptoms after pushing a medication cart up an incline. OWCP accepted that the incident occurred but denied her claim, finding no firm medical diagnosis. The Board found that her medical records did identify conditions, including sciatica, muscle…
S.R. and U.S. Postal Service, Post Office, New Orleans, LA
S.R. (ECAB 13-487): Wage-earning capacity finding remained in place
S.R., a former postal worker with an accepted lumbar injury, had a wage-earning capacity finding based on the selected job of leasing consultant. He sought to change that finding after doctors recommended more back surgery and one said he could not work. The Board found that the reports did not…
M.F. and U.S. Postal Service, Post Office, Farrell, PA
M.F. (ECAB 13-417): Shoulder award returned for review of a second rating
M.F., a postal letter carrier, had an accepted left shoulder injury and received a schedule award for five percent permanent impairment of his left arm. His treating physician had submitted a nine percent rating based on shoulder range of motion. OWCP’s medical adviser used a diagnosis-based method…
E.M. and Department of Veterans Affairs, Bonham Veterans Administration Medical Center, Bonham, TX
E.M. (ECAB 13-383): Wrist injury denial upheld for lack of medical causation proof
E.M., a Veterans Affairs nursing assistant, reported right wrist and hand pain after pushing and pulling a patient at work. OWCP accepted her account of the work activity but denied the claim because the medical evidence did not adequately link her diagnosed conditions to it. The Board found that…
C.M. and Department of Homeland Security, Transportation Security Administration, Denver, CO
C.M. (ECAB 13-344): Combined claim files required before wage-loss review
C.M., a Transportation Security Administration employee, appealed a decision that addressed both termination of wage-loss compensation and a separate recurrence claim. OWCP had decided issues from two claim files, but sent the Board a record containing only one. The Board found that it could not…
C.M. and U.S. Postal Service, Post Office, Denver, CO
C.M. (ECAB 13-337): Missing claim records required reconstruction and remand
C.M., a postal employee, appealed OWCP’s refusal to modify an earlier wage-earning capacity decision. The record sent to the Board omitted her initial 1997 occupational disease claim and other evidence that OWCP had cited from the 1990s. The Board found the missing material prevented an informed…
B.W. and U.S. Postal Service, Worldway Air Mail Center, Los Angeles, CA
B.W. (ECAB 13-335): Missed telephone hearing deemed abandoned
B.W., a Postal Service clerk, sought a hearing after OWCP reduced her wage-loss compensation for failing to participate in vocational rehabilitation. OWCP mailed instructions for joining the scheduled telephone hearing, but she did not call in or request another hearing within 10 days. B.W. said…
R.J. and U.S. Postal Service, Post Office, Melrose Park, IL
R.J. (ECAB 13-333): Ankle claim denial upheld for lack of medical causation evidence
R.J., a postal letter carrier, attributed left ankle pain to her mail delivery duties. One physician reported an ankle sprain but described a single incident rather than the work activity over time that R.J. claimed caused the condition. He also did not explain a causal link between her duties and…
R.E. and Department of Labor, Mine Safety & Health Administration, Vacaville, CA
R.E. (ECAB 13-309): Same-day medical evidence required a new claim decision
R.E., a Mine Safety and Health Administration employee, appealed OWCP’s denial of a traumatic injury claim. OWCP received physical therapy notes and a surgeon’s report on the same day it issued the denial, but the decision did not address them. The Board held that OWCP had to consider evidence…
M.S. and Department of the Army, Fort Dix, NJ
M.S. (ECAB 13-233): Thirty-one percent right leg award upheld
M.S., an Army carpenter, received a schedule award for 31 percent permanent impairment of his right leg after an accepted knee injury. He sought a higher rating and relied on an earlier referee physician’s 37 percent assessment. The Board found that the earlier physician had not correctly applied…
D.R. and U.S. Postal Service, Post Office, Chicago, IL
D.R. (ECAB 13-201): Unaddressed impairment report required a new award decision
D.R., a postal employee, sought an additional schedule award and submitted an impairment report from her physician before OWCP decided the claim. OWCP denied the request without addressing that report’s probative value. The Board held that OWCP had to consider evidence received before issuing a…
S.A. and Department of Defense, Yuma Proving Ground, Yuma, AZ
S.A. (ECAB 13-117): Unreviewed same-day evidence required a new injury decision
S.A., a Defense Department mechanic, claimed he hurt his lower back while working on a tank. OWCP denied his claim after finding inconsistencies in the incident account and stating that he had not responded to its request for evidence. The Board found that OWCP had received his statement and…
T.L. and U.S. Postal Service, Paducah Processing & Distribution Facility, Paducah, KY
T.L. (ECAB 13-97): Resolved wrist condition supported termination; elbow claim denied
T.L., a postal worker, received benefits for accepted left de Quervain’s syndrome after repetitive hand work. OWCP terminated wage-loss compensation after her treating surgeon reported that the accepted wrist condition had resolved. The Board found that his examination and work capacity report…
J.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Richmond, VA
J.A. (ECAB 12-1964): PTSD claim lacked a medical link to accepted patient-care incident
J.A., a nurse, described stress after trying to secure appropriate care and equipment for a patient. OWCP accepted that event as a work factor. The Board found that his doctors did not explain a medical link between the event and his PTSD, which had been attributed to an earlier military assault…
John A. Kinnon v. Lockheed Missiles and Space Company
Kinnon v. Lockheed Missiles and Space (BRB 12-0410): missile mechanic's Longshore denial affirmed
John Kinnon assembled and repaired missiles for submarines at a naval base. He injured his ankle while walking toward a shuttle to his work site and later underwent serious medical treatment. An administrative law judge denied his Longshore Act claim, finding that his duties did not satisfy the…
D.D. and U.S. Postal Service, Post Office, Port Reading, NJ
D.D. (ECAB 13-710): Walking incident established, but knee injury unproven
D.D., a postal carrier with a prior right-knee injury, reported that his knee gave out while he was walking his route. OWCP denied the claim on the ground that no specific incident had occurred. The Board found his account of walking at a particular time and place sufficient to establish an…
D.L. and Department of the Air Force, McLellan Air Force Base, McLellan, CA
D.L. (ECAB 13-345): Compensation reduction for refusal of vocational rehabilitation affirmed
D.L. received compensation for an accepted back injury. His treating doctor found that he could work within permanent restrictions, and OWCP approved a short training plan for sedentary security positions. D.L. refused to sign the plan or attend training, citing pain and heart-related fatigue. The…
T.R. and Department of the Treasury, Internal Revenue Service, Flint MI
T.R. (ECAB 13-297): Hearing request postmarked one day late
T.R. sought a hearing after OWCP denied her claim for injuries from a fall while retrieving taxpayer documents. The hearing request was postmarked April 27, 2012, one day after the 30-day deadline following OWCP’s March 27 decision. The Board held that T.R. had no hearing right after that deadline…
S.Z. and U.S. Postal Service, Main Post Office, Newark, DE
S.Z. (ECAB 13-153): Recurrence of disability lacked causal proof
S.Z. received benefits for a back injury and returned to full-duty postal work in December 2008. She later claimed that disability beginning in June 2009 was a recurrence of that injury. Her doctors described back pain and periods of work restriction, but did not explain how the accepted conditions…
R.C. and U.S. Postal Service, Main Office, New Orleans, LA
R.C. (ECAB 13-103): Disability recurrence not linked to accepted lumbar strain
R.C. had an accepted lumbar strain and later worked in a light-duty postal position. She claimed that worsening back symptoms and other conditions made her unable to work from August 2004. The Board found no proof that her light-duty job had changed or that the accepted strain spontaneously…
C.C. and U.S. Postal Service, Post Office, Akron, OH
C.C. (ECAB 12-1861): Ankle award, overpayment deduction and late reconsideration upheld
C.C. injured his ankle at work and received a schedule award based on 22 percent impairment of his right leg. The Board agreed with OWCP’s medical adviser that the impairment formula should not reuse examination findings already included in the diagnosis class. It also upheld recovery of an earlier…
R.H. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
R.H. (ECAB 12-1701): Referee opinion needed explanation on recurrence and brachial plexopathy
R.H. had accepted bilateral carpal tunnel syndrome and median neuropathy. The disputed issues were disability beginning in July 2004 and whether brachial plexopathy followed the accepted injury. A prior Board remand had called for a reasoned referee opinion. The newly selected specialist denied…
T.C. and Department of Agriculture, Food Safety & Inspection Service, Waltham, MA
T.C. (ECAB 13-353): Alleged workplace harassment did not establish a compensable factor
T.C., a compliance investigator, said his supervisors harassed him over safety complaints, grievances, performance reviews, leave and assignments. The Board found no evidence of error or abuse in the administrative decisions and no sufficient corroboration for the alleged harassment. It found the…
A.T. and U.S. Postal Service, Post Office, Bethpage, NY
A.T. (ECAB 13-311): Back injury lacked medical explanation; claim not reopened
A.T. reported back pain while throwing mail sacks. The Board accepted that the work activity occurred, but her doctor did not explain how it caused a diagnosed injury and repeatedly dated the onset of pain two days before the claimed incident. His checked form reports added no medical reasoning…
J.W. and Department of the Interior, National Park Service, Biscayne National Park, Homestead, FL
J.W. (ECAB 13-262): Visible elbow injury established; medical expenses returned to OWCP
J.W., a volunteer at Biscayne National Park, fell from a truck while helping load a canoe. A park ranger witnessed the event, emergency personnel responded promptly, and an emergency-room nurse cleaned and dressed a cut on his elbow. The Board found that this visible injury could be established…
O.M. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX
O.M. (ECAB 13-232): Seventeen-percent binaural hearing award affirmed
O.M. had accepted work-related hearing loss after years of noise exposure. An ear specialist measured impairment in each ear and reported tinnitus that affected daily life. OWCP’s medical adviser applied the hearing-loss formula and rounded the combined impairment to 17 percent. The Board found…
J.A. and Department of Justice, Federal Bureau of Investigation, Philadelphia, PA
J.A. (ECAB 13-229): Shoulder tear not medically linked to training pull-ups
J.A., an FBI investigator, felt shoulder pain during weighted pull-ups while preparing for a SWAT fitness test. Imaging later showed a labral tear and he underwent surgery. His surgeon said it was possible that the pull-ups caused the tear, but did not state the connection with reasonable medical…
D.B. and Department of Homeland Security, Transportation Security Administration, Chicago, IL
D.B. (ECAB 13-175): Compensation suspension for missed medical examination affirmed
D.B. received benefits for accepted back and leg conditions. OWCP scheduled a second-opinion examination and warned that nonattendance could suspend compensation. He missed the appointment and did not answer OWCP’s later request for an explanation within 14 days. The Board found the examination…
V.S. and Department of Agriculture, Forest Service, Frenchburg, KY
V.S. (ECAB 13-162): Psychiatric referee opinion supported benefit termination
V.S. received benefits after a workplace fall, including for an accepted adjustment disorder. Doctors disagreed about whether the emotional condition continued. An impartial psychiatrist examined the record and found no current work-related psychiatric condition or need for treatment. The Board…
San Pedro Forklift, Inc.
In re San Pedro Forklift, Inc. (EAB CWA Appeal No. 12-02): three storm-water violations found and $7,200 penalty assessed
San Pedro Forklift operated a transloading and equipment facility in Long Beach, California. EPA alleged that the company discharged storm water associated with industrial activity without a permit, failed to apply for a permit, and failed to develop and implement required storm-water plans. The…
J.G. and Department of Homeland Security, Customs & Border Protection, Brownsville, TX
J.G. (ECAB 13-497): Hearing-loss award affirmed despite rounding error
J.G. had accepted bilateral hearing loss from workplace noise. A specialist and OWCP medical adviser calculated about 46.6 percent binaural impairment after adding the allowed tinnitus component. OWCP’s decision described the percentage imprecisely, but awarded 94 weeks, the amount due for 47…
L.K. and Department of Defense, Defense Logistics Agency, Defense Supply Center Philadelphia-Pacific Region, Guam
L.K. (ECAB 13-380): Fecal incontinence outside schedule-award coverage
L.K. had accepted back conditions and consequential fecal incontinence. She sought a schedule award for the incontinence and claimed loss of use of reproductive organs. The Board held that the colon and rectum are absent from FECA’s compensation schedule, so accepted fecal incontinence alone could…
E.S. and Department of the Army, Test & Evaluation Command, White Sands Missile Range, NM
E.S. (ECAB 13-355): Current ankle rating did not exceed earlier award
E.S. had accepted right ankle conditions and received schedule awards totaling 25 percent right-leg impairment in the 1970s. After later surgeries, including ankle fusion, he sought another award. His own orthopedic surgeon rated his current right-leg impairment at 13 percent under the sixth…
L.L. and U.S. Postal Service, Post Office, Hughsonville, NY
L.L. (ECAB 13-326): Neck-strain recurrence lacked medical explanation
L.L. had an accepted neck sprain after opening a window at work. She continued working for a time, then stopped on July 23, 2012 and claimed a recurrence of disability. Her doctors documented pain and work restrictions, but did not explain with medical reasoning why the accepted sprain caused her…
A.P. and U.S. Postal Service, Post Office, Tampa, FL
A.P. (ECAB 13-198): Spine claim lacked a reasoned link to mail delivery duties
A.P., a mail carrier, reported severe neck, arm and back pain after several deliveries and a head movement at a stop sign. Medical records showed cervical and lumbar disc conditions predating that day. His doctors attributed many diagnoses to carrying mail, walking and dismounting the vehicle, but…
L.L. and Department of Agriculture, Albuquerque, NM
L.L. (ECAB 12-1912): Part-time earnings could not set full-time wage capacity
L.L. returned to part-time engineering work after an accepted back injury. OWCP used those earnings to establish his wage-earning capacity, although he had held a full-time position when injured. The Board found that determination erroneous because the schedules were not equivalent. It then…
R.B. and Department of the Navy, Naval Air Depot, Fleet Readiness Center East, Cherry Point, NC
R.B. (ECAB 12-1868): Unsuitable job offer could not end compensation
R.B. had accepted arthritis conditions affecting his hands and knees. The Navy offered him an aircraft mechanic helper position requiring frequent lifting and carrying of items up to 40 pounds. His medical restrictions allowed far less lifting, and one physician barred it entirely. The Board held…
J.S. and U.S. Postal Service, Post Office, Newark, NJ
J.S. (ECAB 12-1343): Constructed clerk job supported reduced compensation
J.S. could not return to his postal tractor-trailer job after accepted shoulder and cervical conditions. An impartial orthopedic specialist found him capable of sedentary work with a 10-pound handling limit. The Board found the specialist was properly selected and his opinion supported the…
C.G. and U.S. Postal Service, Post Office, Cleveland, OH
C.G. (ECAB 12-936): Overpayment affirmed, fault finding returned to OWCP
C.G. elected retirement benefits effective November 11, 2011, but received FECA wage-loss payments through November 19. The Board upheld OWCP’s calculation of a $1,056.78 overpayment. It found the record insufficient to support OWCP’s conclusion that she was at fault: there was no evidence she…
Matter of Muhammad Imran BUTT
When a labor certification qualifies for section 245(i) grandfathering
The Board reviewed a Pakistani respondent's appeal after an Immigration Judge found that his 2001 labor certification was not approvable when filed and denied his adjustment application. The Board held that a labor certification qualifies for section 245(i) grandfathering when it was properly…
T.S. and U.S. Postal Service, Post Office, Grand Rapids, MI
T.S. (ECAB 13-437): Shoulder condition lacked work-specific medical causation
T.S., a mail carrier, attributed shoulder conditions to repeatedly reaching for high mailboxes. OWCP accepted those duties and the diagnoses, but his doctor did not explain how the particular work activities caused or contributed to the conditions. Another doctor diagnosed a tendon tear without…
J.F. and Department of the Treasury, Internal Revenue Service, Mesa, AZ
J.F. (ECAB 13-306): Restroom fall established, but injury lacked competent medical proof
J.F. slipped on a wet floor while leaving a restroom stall at work. Her supervisor confirmed the incident. The Board held that using the restroom during work fell within the course of employment, so the event was established. Her chiropractor diagnosed sprains but did not diagnose a spinal…
C.S. and Department of Veterans Affairs, Veterans Health Administration, Wilmington, DE
C.S. (ECAB 13-246): Chair-fall claim lacked reasoned injury causation
C.S., a nurse, fell when a chair rolled away as she sat down at work. Later records described back and hip symptoms and several diagnoses. The Board found that her doctors did not sufficiently explain how the fall caused those conditions, particularly in light of the same-day emergency report…
N.E. and Department of the Army, Installation Management Compound, Fort Campbell, KY
N.E. (ECAB 13-187): Whole-person spine rating did not support a schedule award
N.E. had an accepted lumbar disc herniation and underwent authorized surgery. His physician reported 11 percent whole-person impairment of the back. The Board held that FECA does not award impairment to the spine or body as a whole, and no ratable impairment of a covered lower extremity was shown…
J.J. and Department of Commerce, Bureau of the Census, Dallas, TX
J.J. (ECAB 13-118): Wage-loss claim lacked proof for the claimed period
J.J., a census field representative, had accepted injuries from a fall on ice. She later sought wage-loss compensation for nearly a year. Her doctor restricted driving and discussed post-concussion symptoms, but did not sufficiently explain how accepted work conditions prevented her from earning…
U.F. and Department of the Navy, Naval Air Systems Command, Port Mugu, CA
U.F. (ECAB 13-46): Three-percent right-leg award affirmed
U.F. had an accepted lumbar disc aggravation and sought a greater award for leg impairment from spinal nerve effects. OWCP’s medical adviser used the applicable spinal-nerve extremity rating method, finding consistent right-leg sensory loss but no consistent motor deficit or left-leg impairment…
S.S. and Department of Veterans Affairs, Veterans Health Administration, Bronx, NY
S.S. (ECAB 12-1843): Patient-handling injury still lacked medical causation
S.S. sought reconsideration after an earlier Board decision found insufficient medical proof of injury from patient handling. Her chiropractor identified spinal subluxations on x-rays, but did not explain how turning and pulling patients caused them. His opinions on other conditions fell outside…
S.M. and U.S. Postal Service, Post Office, Bellmawr, NJ
S.M. (ECAB 12-1758): Recurrence dispute returned for a fuller referee opinion
S.M. had accepted right-arm nerve and wrist conditions and stopped modified postal work in 2009. Doctors disagreed about whether the accepted conditions caused a recurrence of total disability. The Board found the later referee was properly designated but his report did not explain why he rejected…
Monroe Drywall Construction, Inc.
Employer finding reversed and citations remanded
A drywall worker was electrocuted after contacting exposed wiring at a retail-store renovation. The judge vacated the citations because he found OSHA had not proved that Monroe Drywall employed the workers performing the drywall work. The Commission held that the judge improperly discounted worker…
Northshore Mining Co.
Two violations reduced and individual claim dismissed
MSHA cited Northshore Mining after miners used a narrow beam to reach an elevated cooler platform and after a large shovel operated for weeks without its left-side mirror. Judge Michael E. Zielinski found that both conditions violated the cited standards and that the operator was highly negligent…
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.