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.W. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.W. (ECAB 12-0331): Schedule awards returned for impartial physician selection
J.W., a postal employee, challenged schedule awards based on 10 percent impairment of each upper extremity. OWCP had referred him to an impartial physician after conflicting impairment opinions. The Board found that the record lacked the selection records needed to show that OWCP used its required…
T.A. and U.S. Postal Service, Post Office, Boston, MA
T.A. (ECAB 12-1710): Denial of overpayment waiver upheld
T.A., a postal employee, was found without fault in receiving a $4,685.42 compensation overpayment and sought a waiver of recovery. After an earlier remand, OWCP reviewed her financial records and denied the waiver. The Board found that her documented monthly income exceeded her necessary expenses…
P.P. and Department of Veterans Affairs, Veterans Health Administration, Cleveland, OH
P.P. (ECAB 12-1493): Wage loss and reconsideration denials upheld
P.P., a Veterans Health Administration employee, sought wage-loss compensation for May 4 through June 4, 2011 following an accepted ankle injury. OWCP denied the request and later refused to reopen the case. The Board found that his physician did not explain how the injury prevented him from…
J.G. and Department of Homeland Security, Customs & Border Protection, Laredo, TX
J.G. (ECAB 12-1469): Hearing loss claim denied for lack of reliable testing
J.G., a customs officer, attributed hearing loss to years of work around heavy trucks and at a firing range. OWCP referred him for hearing tests after his own audiogram lacked required documentation. The referral physician found repeated test responses inconsistent and could not make a firm hearing…
D.G. and Department of Commerce, Census Bureau, Shreveport, LA
D.G. (ECAB 12-1460): Census schedule award overpayment upheld
D.G., a Census Bureau employee, received a schedule award calculated using a weekly pay rate much higher than the rate OWCP had previously given her. OWCP found a $5,713.27 overpayment and fault in accepting it. The Board agreed with the wage calculation and found that the large difference in rates…
S.P. and U.S. Postal Service, Post Office, North Metro, GA
S.P. (ECAB 12-1442): Two percent arm impairment awards upheld
S.P., a postal city carrier with accepted bilateral carpal tunnel syndrome, received schedule awards for two percent impairment of each arm. On appeal, he described continuing problems in both hands but did not challenge the impairment percentages. The Board found that his treating physician and…
E.B. and Department of the Army, Anniston Army Depot, Anniston, AL
E.B. (ECAB 12-1374): Duplicate hearing loss award overpayment upheld
E.B., an Army depot welder, had already received a schedule award for 45 percent binaural hearing loss. A later award paid him for a much larger additional impairment than the three percent increase established by the medical evidence. OWCP found a $48,618.95 overpayment and denied waiver, while…
B.I. and Department of Veterans Affairs, Cleveland Veterans Administration Medical Center, Cleveland, OH
B.I. (ECAB 12-1069): Parking garage robbery held outside the performance of duty
B.I., a Veterans Affairs employee, claimed a psychological injury after being robbed near an employee parking garage during his scheduled workday. The Board found that the garage was part of the employer's premises. It also found that B.I. had left his workstation before the end of his shift for…
W.M. and U.S. Postal Service, Post Office, Rochester, NY
W.M. (ECAB 12-0748): Knee schedule award denied without a valid impairment rating
W.M., a postal mail handler, had an accepted left knee meniscus injury and sought a schedule award. His physician assigned a 10 percent knee impairment using New York workers' compensation guidelines. The Board found that the physician did not rate impairment under the required American Medical…
A.R. and Department of Veterans Affairs, Veterans Health Administration, San Antonio, TX
A.R. (ECAB 12-0739): Suspension for obstructing medical examinations upheld
A.R. challenged the suspension of her compensation after two functional capacity examinations arranged by OWCP. She appeared for both examinations but did not complete the required testing. The Board found that OWCP had warned her about suspension and that the examiners' reports supported findings…
GE Reuter Stokes, Inc.
In re GE Reuter Stokes, Inc. (EAB TSCA Appeal No. 12-08C): consent agreement ratified
GE Reuter Stokes, Inc. was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered the company to comply with all terms of the Consent Agreement…
Kemira Chemicals, Inc.
In re Kemira Chemicals, Inc. (EAB FIFRA Appeal No. 13-01C): consent agreement ratified
Kemira Chemicals, Inc. was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered Kemira to comply with all terms of the…
C.B. and Department of Transportation, Federal Aviation Administration, Amarillo, TX
C.B. (ECAB 12-1604): Filing cabinet injury claim denied for lack of medical causation
C.B., a federal air traffic control specialist, moved a filing cabinet at work and claimed a lower back injury. OWCP accepted that the work event occurred but denied compensation. The Board found that the medical records diagnosed lumbar conditions without explaining how the cabinet move caused or…
L.B. and Department of the Air Force, Georgia National Guard, 165th Air Wing, Garden City, GA
L.B. (ECAB 12-1548): Hearing loss claim held timely and returned for merits review
L.B., a former Air Force employee, filed an occupational hearing loss claim years after retiring. OWCP denied the claim as untimely. The Board found that employer audiograms obtained before his 1998 retirement gave the employer actual knowledge of possible work-related hearing loss within the…
B.S. and Department of the Navy, Naval Weapons Station, Concord, CA
B.S. (ECAB 12-1542): Wage-earning capacity case returned for a proper medical opinion
B.S., a Navy employee with an accepted knee injury, sought modification of a 1995 wage-earning capacity determination because he said his condition had worsened. OWCP sought a medical adviser opinion but supplied an incomplete account of the restrictions underlying the 1995 determination. It also…
R.P. and U.S. Postal Service, Post Office, Sioux Falls, SD
R.P. (ECAB 12-1455): Leave buyback denied for lack of disability proof
R.P., a postal clerk with an accepted cervical condition, sought leave buyback for February 23 through March 5, 2010. OWCP denied compensation for that period. The Board found that her chiropractor's reports did not adequately explain why the accepted cervical condition kept her from working on…
J.V. and Department of the Treasury, Internal Revenue Service, Fresno, CA
J.V. (ECAB 12-1389): Elbow disability claim denied for lack of medical support
J.V., an Internal Revenue Service employee, sought compensation for total disability during part of 2010 after an accepted left elbow condition. His physician described elbow symptoms and possible additional conditions, but the Board found that the reports did not explain why the accepted condition…
L.B. and U.S. Postal Service, Post Office, Southeastern, PA
L.B. (ECAB 12-1270): Arm impairment case returned to resolve conflicting medical opinions
L.B., a postal employee, disputed schedule awards for 13 percent right arm impairment and four percent left arm impairment. Her physician and OWCP's medical adviser reached different ratings, including different evaluations of nerve entrapment. The Board found that the adviser had not reviewed…
S.L. and Department of the Treasury, Internal Revenue Service, Richmond, VA
S.L. (ECAB 12-1265): Shoulder disability claim denied without reasoned medical evidence
S.L., an Internal Revenue Service employee, claimed disability from a right shoulder condition following an accepted work injury. Her doctors diagnosed shoulder problems and supplied work absence notes. The Board found that their reports did not adequately explain how the accepted injury caused…
W.T. and Department of the Interior, National Park Service, West Glacier, MT
W.T. (ECAB 12-0857): Compensation reduction based on motel desk clerk capacity upheld
W.T., a National Park Service employee, challenged a reduction of his disability compensation based on capacity to work as a motel desk clerk. The Board found that the position fit his medical restrictions and was reasonably available in his commuting area. OWCP properly used the position's wage…
K.P. and U.S. Postal Service, West Grand Carrier Annex, Oakland, CA
K.P. (ECAB 12-0655): Five percent impairment awards for both arms upheld
K.P., a postal employee, sought schedule awards greater than five percent impairment of each arm. Her treating physician did not supply a specific rating under the applicable impairment guide. OWCP's medical adviser used the treating physician's examination findings to calculate five percent…
R.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Shreveport, LA
R.T. (ECAB 12-0221): Shoulder claim denied for lack of medical causation
R.T., a Veterans Affairs employee, reported a left shoulder injury during mandatory defensive training. OWCP accepted that he participated in the training but denied the claim. The Board found that the medical record diagnosed shoulder conditions without adequately connecting them to the November…
Todd Descutner v. Newmont USA
Partial remedies awarded after discrimination ruling
After an earlier ruling that Newmont illegally terminated haul-truck driver Todd Descutner, the parties agreed on some remedies but remained divided over overtime and attorney fees. Judge David F. Barbour noted that Descutner had been reinstated and his personnel file had been cleared of references…
Kemira Water Solutions, Inc
In re Kemira Water Solutions, Inc. (EAB TSCA Appeal No. 12-09C): consent agreement ratified
Kemira Water Solutions, Inc. was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order and ratified it. The Board ordered the company to comply with all terms of the Consent…
J.W. and Department of the Treasury, Internal Revenue Service, Richmond, VA
J.W. (ECAB 12-1709): Back injury claim denied despite accepted lifting event
J.W., an Internal Revenue Service clerk, said she hurt her lower back while lifting heavy boxes at work. OWCP accepted the lifting incident. The Board found that her medical submissions did not establish a diagnosed back condition caused by that incident. It affirmed OWCP's denial because the…
M.H. and Department of the Navy, Naval Hospital, Bremerton, WA
M.H. (ECAB 12-1631): Asthma exacerbation claim denied for lack of causal explanation
M.H., a naval hospital employee, reported an asthma exacerbation while painting took place near her work area. OWCP accepted that painting occurred. A hospital physician diagnosed acute asthma exacerbation, but the Board found that the report did not adequately explain how the painting caused it…
N.C., claiming as widow of E.C., and Tennessee Valley Authority, Spring City, TN
N.C., claiming as widow of E.C., (ECAB 12-1560): Survivor claim denied without evidence linking death to injury
N.C. sought survivor benefits following the death of her husband, E.C., who had an accepted work-related biceps tendon injury from 1977. The Board found that she had not submitted a reasoned medical opinion explaining how the old arm injury contributed to his death in 2011. The death certificate…
C.L. and U.S. Postal Service, Processing & Distribution Center, Akron, OH
C.L. (ECAB 12-1483): Presurgery wage loss denied without supported disability evidence
C.L., a postal employee with a left shoulder condition, sought wage-loss compensation for the weeks before her October 2011 surgery. OWCP paid compensation starting with the surgery but denied the earlier period. The Board found no proof that her modified-duty job had been withdrawn and no reasoned…
J.C. and Department of Homeland Security, Federal Protective Service, National Protection & Programs Directorate, Boise, ID
J.C. (ECAB 12-1430): Illness claim returned to determine duty status
J.C., a federal protective officer, said he became ill after eating lunch while working in Baker City, Oregon. OWCP denied his claim as outside the performance of duty. The Board found conflicting evidence about whether he was on temporary duty, at a fixed work location, or working away from an…
B.F. and U.S. Postal Service, Post Office, Bennettsville, SC
B.F. (ECAB 12-1292): Hip injury claim denied after mail truck collision
B.F., a postal rural carrier, was in a mail truck struck by a gravel truck while working. OWCP accepted the collision but denied her claim for a right hip condition. The Board found no sufficiently reasoned medical opinion explaining how the collision caused or aggravated the diagnosed hip changes…
K.W. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
K.W. (ECAB 12-1281): Arm award upheld and leg impairment remanded
K.W., a naval shipyard employee, received schedule awards for left arm and right leg impairment after multiple accepted injuries. The Board upheld the six percent left arm rating. It found that her physician and OWCP's medical adviser reasonably disagreed about how to rate right leg fracture and…
R.D. and Department of Justice, Drug Enforcement Administration, Springfield, VA
R.D. (ECAB 12-1088): Schedule award request returned for merit review
R.D., a Drug Enforcement Administration employee, sought schedule awards for right arm and right leg impairment. OWCP denied awards and later refused to reopen the claim. The Board found that a new physician's report assigned impairment ratings to both members and was relevant evidence that OWCP…
J.M. and Department of the Army, U.S. Army Corps of Engineers, St. Louis, MO
J.M. (ECAB 12-0469): Hip wage-loss claim denied without proof of disability
J.M., an Army Corps of Engineers employee, sought wage-loss compensation after his temporary job ended. He attributed his inability to work to an accepted bilateral hip condition. The Board found that his physician had not imposed work restrictions when J.M. was still employed and that the later…
K.E.R. Enterprises, Inc., d/b/a Armadillo Underground
Pipe-explosion citation vacated for lack of a recognized hazard
Armadillo Underground installed water-line piping and pressure-tested a completed section while workers tightened bolts to stop a small leak. The pipe exploded, breaking the foreman's legs and causing minor lacerations to three other workers. OSHA alleged that tightening the bolts while the pipe…
Sierra Rock Products, Inc.
Electrical and access violations yield $23,643 penalty
Sierra Rock Products contested electrical, fall-protection, access, guarding, training, and equipment citations at its small California quarry and crusher. Judge Richard W. Manning upheld two imminent-danger orders, found several violations S&S, and affirmed or modified every litigated citation. He…
Matter of Alfonso CORTES MEDINA, Respondent
California indecent exposure with lewd intent was a crime involving moral turpitude
The Board reviewed the Department of Homeland Security’s appeal after an Immigration Judge terminated removal proceedings against a Mexican lawful permanent resident with multiple California indecent-exposure convictions. The Board held that California Penal Code section 314(1) requires willful and…
D.A. and Department of the Army, U.S. Army Acquisition Support Center, Redstone, AL
D.A. (ECAB 13-0052): Elevator injury claim returned to resolve medical conflict
D.A., an Army employee with a prior cervical fusion, reported neck symptoms after a work elevator lurched. His treating physician attributed a later finding in the fusion graft to the elevator incident, while OWCP's medical adviser attributed it to incomplete healing from the earlier surgery. The…
W.A. and U.S. Postal Service, Post Office, Palm Desert, CA
W.A. (ECAB 12-1696): Refusal to reopen compensation claim upheld
W.A., a postal employee, sought reconsideration of OWCP's earlier termination of wage-loss and medical benefits. The Board could review only OWCP's refusal to reopen, because the appeal came too late for review of the termination decision itself. It found that her request supplied no new medical…
S.D. and U.S. Postal Service, Processing & Distribution Center, Melville, NY
S.D. (ECAB 12-1670): Dolly injury claim denied without medical causation evidence
S.D., a postal employee, reported neck and back conditions after trying to remove a dolly at work. OWCP accepted that the work event occurred. The Board found that her physician listed diagnoses but did not provide a reasoned opinion linking them to the dolly incident. It affirmed the denial…
M.M. and U.S. Postal Service, Processing & Distribution Center, Kearny, NJ
M.M. (ECAB 12-1660): Left arm impairment claim returned for referee resolution
M.M., a postal employee, sought a schedule award for permanent left arm impairment. The Board found that the referee physician's rating did not properly apply the impairment guide because it used ranges rather than selected grade modifiers. OWCP's medical adviser could not resolve that defect in…
J.M. and Department of Homeland Security, Transportation Security Administration, Philadelphia, PA
J.M. (ECAB 12-1541): Air marshal ear injury claim denied for lack of medical support
J.M., a federal air marshal, reported a right ear problem after an aircraft descended while he was working. OWCP accepted the flight descent but denied the injury claim. The Board found that the medical records did not give a reasoned explanation linking the diagnosed ear condition to the descent…
K.F. and U.S. Postal Service, Post Office, Omaha, NE
K.F. (ECAB 12-1527): Motor vehicle injury claim returned for medical development
K.F., a postal rural carrier associate, was involved in a motor vehicle accident while working. OWCP accepted the event but denied her injury claim. The Board found that a physician's near-contemporaneous report diagnosed a left shoulder sprain and suggested a link to the accident, though it did…
J.H. and Department of Veterans Affairs, Veterans Health Administration Medical Center, Bronx, NY
J.H. (ECAB 12-1491): Late reconsideration request denied without clear error
J.H., a Veterans Health Administration employee, asked OWCP to reconsider an earlier injury claim denial. Her request came more than one year after the last merits decision. The Board found that her submissions did not clearly show an error in that decision, the standard required for reopening an…
L.K. and Department of Homeland Security, Transportation Security Administration, Omaha, NE
L.K. (ECAB 12-1427): Knee injury claim denied for lack of causal medical opinion
L.K., a transportation security officer, reported a left knee injury while lifting luggage at work. The work activity and a knee diagnosis were established. The Board found that her physicians did not explain how the lifting and twisting incident caused or aggravated the diagnosed condition. It…
D.G. and U.S. Postal Service, Post Office, Beachwood, OH
D.G. (ECAB 12-1067): Disability recurrence denied without medical bridge to old injury
D.G., a postal carrier, claimed a recurrence of disability years after an accepted 2004 injury involving his neck, shoulder, and arm. He had continued working after the original injury and had little treatment before the later claim. The Board found no sufficient physician opinion explaining how…
Buckingham Coal Company
Summary decision denied in emergency-plan cases
MSHA issued five citations alleging that Buckingham Coal failed to update emergency response plans with available post-accident communication and tracking systems. Buckingham sought summary decision, arguing that the Secretary had failed to refer an emergency-plan dispute immediately for expedited…
A.C. and U.S. Postal Service, Processing & Distribution Center, Flushing, NY
A.C. (ECAB 12-1698): Late reconsideration request denied without clear error
A.C., a postal employee, asked OWCP to reconsider its 2009 denial of his traumatic injury claim. He filed the request more than one year after the merits decision. The Board found that the emails and deposition testimony he submitted did not clearly show an error in the original finding about…
T.M. and Department of Homeland Security, Transportation Security Administration, Coppell, TX
T.M. (ECAB 12-1233): One percent impairment awards for both legs upheld
T.M., a Transportation Security Administration employee, sought greater schedule awards after receiving compensation for one percent impairment of each leg. The Board found that the referral physician and OWCP medical adviser properly applied the impairment guide to her bilateral leg findings. Her…
E.M. and Department of Homeland Security, Customs & Border Protection, Laredo, TX
E.M. (ECAB 12-1678): Blood exposure claim denied without an identifiable condition
E.M., a border patrol agent, came into contact with a suspect's blood while making an arrest. OWCP accepted the work event. The Board found that the medical record did not establish a blood-borne disease or another identifiable condition caused by the exposure. It affirmed the claim denial and…
L.T. and Department of Veterans Affairs, Veterans Health Administration, Tomah, WI
L.T. (ECAB 12-1659): Request for a higher left arm award denied
L.T., a Veterans Health Administration employee, sought an increase to a previously affirmed schedule award for nine percent impairment of her left arm. Her treating physician saw no reason to change his rating, and OWCP's medical adviser found no new evidence of greater impairment. The Board…
M.H. and Department of Justice, Federal Bureau of Investigation, Quantico, VA
M.H. (ECAB 12-1612): Hearing loss award denied because impairment was nonratable
M.H., a Federal Bureau of Investigation employee, had employment-related hearing loss and sought a schedule award. OWCP's medical adviser applied the required formula to the audiogram and calculated zero percent ratable loss in both ears. The Board upheld that calculation. It affirmed the award…
J.G. and Department of Veterans Affairs, Veterans Benefits Administration, Salt Lake City, UT
J.G. (ECAB 12-1605): Refusal to reopen traumatic injury claim upheld
J.G., a Veterans Benefits Administration employee, asked OWCP to reconsider a denial of his traumatic injury claim. OWCP had found that the claimed work incident was not established. The new medical reports did not address whether the incident happened as alleged, and J.G. offered no qualifying…
A.R. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
A.R. (ECAB 12-1463): Compensation reduction based on supervisor position upheld
A.R., an Army arsenal employee, challenged a reduction of his disability compensation based on a constructed shipping and receiving supervisor job. The Board credited an impartial specialist's opinion that he could perform sedentary work and found the selected job suitable and reasonably available…
J.A. and Department of Veterans Affairs, Regional Office, San Juan, PR
J.A. (ECAB 12-1328): Leg impairment claim returned for medical adviser review
J.A., a Veterans Affairs employee, sought a schedule award for leg impairment related to an accepted back condition. OWCP denied the claim after a second opinion physician noted symptom exaggeration. The Board found that this physician also reported impairment findings and that OWCP had skipped its…
E.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
E.W. (ECAB 12-0973): Ankle disability recurrence returned to resolve medical conflict
E.W., a Veterans Affairs employee, claimed that an accepted ankle injury and complex regional pain syndrome again disabled her from modified work in January 2011. Her treating physician described objective changes supporting renewed disability, while an OWCP referral physician found no worsening…
T.B. and Department of Homeland Security, Transportation Security Administration, Denver, CO
T.B. (ECAB 12-0937): Shoulder injury claim denied after accepted work incident
T.B., a Transportation Security Administration employee, claimed a right shoulder injury from an accepted May 2011 work incident. OWCP obtained a second opinion that reviewed the contemporaneous examinations and a video of the event. The Board found the medical evidence did not establish a shoulder…
Allied Stone, LLC
Guarding and quarry citations split, with $650 total penalties
Allied Stone contested safety citations from an inspection of its portable surface limestone mine in Wisconsin. Judge Michael E. Zielinski affirmed a highwall citation but removed its S&S designation because the loader operator was unlikely to be injured by falling rock. He vacated two guarding…
M.P. and U.S. Postal Service, Walnut Hill Post Office, Petersburg, VA
M.P. (ECAB 12-1972): Lumbar disability recurrence denied without medical proof
M.P., a postal employee with an accepted lumbar strain, claimed that he could no longer perform his limited-duty assignment beginning in September 2008. The Board found that his physician discussed disc and nerve conditions that OWCP had not accepted but did not adequately explain how the accepted…
V.L. and Department of the Treasury, Internal Revenue Service, Chicago, IL
V.L. (ECAB 12-1453): Left arm impairment award returned for promised examination
V.L., an Internal Revenue Service employee with accepted carpal tunnel and brachial plexus conditions, disputed a two percent left arm schedule award. Her treating physician did not use the required impairment guide. OWCP told her it would arrange an independent examination but granted the award…
M.S. and U.S. Postal Service, Post Office, Bellmawr, NJ
M.S. (ECAB 12-1449): Elbow disability denied, treatment time claim remanded
M.S., a postal employee, sought wage-loss benefits after reducing her modified-duty hours because of arm symptoms. The Board found that the medical reports did not establish disability from her accepted right elbow conditions. It also found that some claimed lost time might have been spent…
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.