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.R. and Tennessee Valley Authority, Division of Power Operations, Chattanooga, TN
J.R. (ECAB 12-0786): Benefits termination and late review denial upheld
J.R., a Tennessee Valley Authority worker, had accepted back and neck conditions from prior work injuries. OWCP ended wage loss and medical benefits after a second opinion physician reviewed the accepted conditions and found that they had resolved. The Board gave weight to that report because it…
K.H. and U.S. Postal Service, Processing & Distribution Center, Columbia, SC
K.H. (ECAB 12-0716): Injury claim denial upheld for unproven work incident
K.H., a postal clerk, reported that a sorting machine cover struck her head and injured her neck at work. The Board found unresolved inconsistencies in the account: she did not promptly report the incident to her employer, and the early treatment records did not include a work injury history. It…
H.K. and Department of the Navy, Hickham Air Force Base, HI
H.K. (ECAB 12-0571): Overpayment waiver denial and award deduction upheld
H.K. received $7,541.21 more compensation than was due because OWCP used an incorrect pay rate. A prior Board decision found he was not at fault and sent the case back to consider waiver. The Board upheld the later denial of waiver because his reported income exceeded his ordinary expenses by more…
L.B. and U.S. Postal Service, Post Office, Tulsa, OK
L.B. (ECAB 12-0569): Additional arm schedule award denied
L.B., a postal worker, had prior schedule awards for impairment of both arms after accepted work injuries. She sought additional compensation, including for a right shoulder injury. An impartial orthopedic specialist evaluated her using the applicable impairment guide. The Board found that the…
O.C. and U.S. Postal Service, Post Office, Federal Way, WA
O.C. (ECAB 12-0432): Benefits termination reversed over medical conflict
O.C., a postal letter carrier, received compensation for accepted neck and lower back sprains after a work-related vehicle collision. OWCP ended benefits based on a referral physician's view that the conditions had resolved and she could return to unrestricted work. Her treating physician continued…
L.N. and U.S. Postal Service, Post Office, Kernersville, NC
L.N. (ECAB 12-0328): Refusal to reopen arm award claim upheld
L.N., a postal carrier, had received a schedule award for 11 percent right arm impairment after an accepted shoulder injury. He asked OWCP to reconsider that award and its refusal to accept arthritis as work related. The Board reviewed only the later refusal to reopen because the appeal came too…
L.R. and U.S. Postal Service, Post Office, North Metro, GA
L.R. (ECAB 12-0239): Back condition claim returned for medical development
L.R., a postal distribution supervisor, attributed a lower back condition to repetitive lifting and bending while reorganizing files. OWCP accepted that she performed those duties but denied the claim for insufficient medical evidence of causation. The Board found that her physician's reports were…
Matter of Manohar Rao ARRABALLY; Matter of Sarala YERRABELLY
Matter of Manohar Rao ARRABALLY and Sarala YERRABELLY (BIA ID 3748): advance parole trip did not trigger the ten-year unlawful-presence bar
The Board decided an Indian husband and wife’s appeal after they left the United States under grants of advance parole while their adjustment applications were pending. The Board later amended its order on an unopposed DHS motion to add a footnote. It held that a temporary trip abroad under advance…
W.G. and U.S. Postal Service, Post Office, San Diego, CA
W.G. (ECAB 12-0925): Shoulder condition claim denial upheld
W.G., a postal custodian, attributed a right shoulder condition to repetitive work with his right arm. OWCP accepted that he performed the work activities but denied the claim for insufficient medical proof of causation. A later physician's report concluded that the work caused shoulder symptoms…
R.N. and Department of Homeland Security, Customs & Border Security, Imperial, CA
R.N. (ECAB 12-0850): Overpayment upheld; fault and waiver sent back
R.N., a border patrol supervisor, continued receiving disability compensation by direct deposit after returning to work. The Board upheld OWCP's finding that he was overpaid $12,888.73. It found the record did not show that he knew or should have known the first incorrect deposit was improper when…
R.M. and U.S. Postal Service, Post Office, Rockford, IL
R.M. (ECAB 12-0807): Suitable work refusal termination left in place
R.M., a postal worker, previously had compensation terminated effective April 30, 1998 after declining an offered modified position. The Board had upheld that termination in an earlier appeal. He sought modification based on medical records concerning his depression and other conditions. The Board…
V.N. and Department of Veterans Affairs, Veterans Administration Medical Center, Fayetteville, NC
V.N. (ECAB 12-0687): Disability recurrence claim returned for medical review
V.N., a Veterans Affairs patient services assistant with accepted bilateral carpal tunnel syndrome, had returned to work without restrictions in September 2009. She later sought compensation for an inability to work from May 13 through June 5, 2010. OWCP denied the claim, attributing her absence to…
M.H. and U.S. Postal Service, College Park Station, Livernois, MI
M.H. (ECAB 12-0642): Disability recurrence denials upheld
M.H., a postal letter carrier with an accepted thoracic strain, was working a modified call center position when she claimed new periods of disability in May 2010 and June 2011. Her treating osteopath reduced her permitted hours and described worsening pain and spasms. The Board found that his…
J.I. and Department of the Navy, Commander Naval Installations Support Office, Washington Navy Yard, DC
J.I. (ECAB 12-0494): Injury denial upheld; reconsideration reopened
J.I., a Navy fire protection inspector, reported aggravating a prior back injury when his government vehicle was rear-ended at work. The Board affirmed OWCP's initial claim denial because the medical evidence then in the record did not establish a firm diagnosis and work connection. On…
K.R. and U.S. Postal Service, San Francisco Bulk Mail Center, Richmond, CA
K.R. (ECAB 11-1746): Wage loss reduction reversed over unsuitable job
K.R., a postal mail handler with accepted right shoulder injuries, received wage loss compensation after he could no longer perform his earlier modified work. OWCP reduced his benefits using the wages of a security guard position selected during vocational rehabilitation. The Board found an…
P.H. and U.S. Postal Service, Bulk Mail Center, Denver, CO
P.H. (ECAB 11-1670): Later disability claim denied for insufficient causal proof
P.H., a postal distribution clerk, had an accepted post-traumatic stress disorder claim following a 1999 workplace altercation with a supervisor. She claimed a later interaction with a different supervisor triggered a worsening of that condition and caused disability beginning March 25, 2000. The…
New England Sand and Gravel, Inc.
Late contest reopened after forms failed to reach counsel
New England Sand and Gravel asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it tried to send all proposed assessment forms to counsel. Counsel received and timely contested the section 110(c) penalties but did not receive the…
Western Technologies, Inc.
Assessment reopened after responsibility dispute
Western Technologies asked the Commission to reopen a penalty assessment after a delinquency notice prompted an internal investigation. The company said the assessment had fallen through the cracks but also asserted that it was not responsible for the cited operator or equipment. The Secretary did…
National Lime and Stone Company
Late contest reopened after possible addressing error
National Lime and Stone Company asked the Commission to reopen a penalty assessment after receiving a delinquency notice. The company said it may have sent its October 4, 2011 contest to the wrong address. The Secretary did not oppose reopening but reported that MSHA had no record of receiving the…
M-Class Mining, LLC
Late contest reopened after assessment went to warehouse
M-Class Mining asked the Commission to reopen a penalty assessment that became final after the contest deadline passed. The company said it had changed its mailing address from a post office box to the mine, but the assessment was delivered to its warehouse. The Secretary did not oppose reopening…
Rex Coal Company, Inc.
One-day-late contest reopened after holiday clerical error
Rex Coal Company asked the Commission to reopen a penalty assessment after filing its contest form one day late. Rex attributed the delay to a clerical error during a holiday break and submitted the delinquency notice it later received. The Secretary did not oppose reopening, noted that MSHA had…
Matter of C-B-
Counsel and relief advisals required in removal hearings
The Board reviewed a detained Guatemalan respondent's appeal after an Immigration Judge found him removable and ineligible for relief during his only hearing. The respondent had first said he wanted to be removed that day, but later asked for more time to obtain a lawyer, and he also expressed fear…
Z.S. and Department of the Air Force, Aeronautical Systems Center, Wright-Patterson Air Force Base, OH
Z.S. (ECAB 12-0862): Hip condition claim sent for impartial examination
Z.S., an Air Force logistics specialist, sought compensation for a left hip condition following a work fall and later job duties abroad. Her treating physician and an OWCP physician both associated a hip condition with some work activity, but disagreed about the diagnosis and what caused or…
E.D. and U.S. Postal Service, Post Office, Livernois, MI
E.D. (ECAB 12-0808): Ankle disability recurrence denial upheld
E.D., a postal city carrier, previously sustained an accepted right foot fracture and returned to work. He claimed a recurrence of total disability beginning June 11, 2011. His podiatrist wrote a brief note taking him off work for several days, but did not explain how that inability to work was…
Q.M. and U.S. Postal Service, Jacksonville Network Distribution Center, Jacksonville, FL
Q.M. (ECAB 12-0798): Shoulder injury claim returned for medical review
Q.M., a postal mail handler, reported injuring his right shoulder while pulling a wire cage handle at work on December 30, 2011. OWCP denied the claim because an urgent care intake form listed December 29 as the injury date. The Board found that the intake form also incorrectly listed the day of…
A.R. and U.S. Postal Service, Post Office, Phoenix, AZ
A.R. (ECAB 12-0792): Prior 31 percent arm award left unchanged
A.R., a postal worker with accepted carpal tunnel syndrome, had received schedule awards totaling 31 percent impairment of the left arm. After an earlier Board remand, OWCP obtained further medical findings and denied an additional award. The Board found that an examiner's clinical findings…
P.L. and U.S. Postal Service, Post Office, Detroit, MI
P.L. (ECAB 12-0706): Overlapping injury claims returned for a complete record
P.L., a postal employee, had an accepted claim for neck and back strains after a water fountain fell and struck his head at work. He later claimed that work activities aggravated those injuries, and OWCP denied the later occupational disease claim. OWCP said it had reviewed evidence from the…
B.W. and Department of Homeland Security, U.S. Coast Guard, Baltimore, MD
B.W. (ECAB 12-0701): Timely reconsideration request requires the correct review standard
B.W., a Coast Guard employee, sought reconsideration of a decision denying a schedule award for permanent upper extremity impairment. He requested reconsideration seven days after that decision, but OWCP treated a later reminder as an untimely request. OWCP therefore applied the stricter clear…
H.L. and Department of Labor, Office of Workers' Compensation Programs, Washington, DC
H.L. (ECAB 12-0510): Schedule award denied for lack of ratable limb impairment
H.L., a Department of Labor compensation specialist, had accepted cervical and lumbar conditions and sought a schedule award. Her physician rated whole person impairment and pain, but did not provide a rating of an arm or leg under the method applicable to spinal nerve injuries. The Board explained…
M.H. and U.S. Postal Service, Post Office, Syracuse, NY
M.H. (ECAB 12-0505): Carpal tunnel award claim returned for impartial rating
M.H., a postal address management specialist, sought a schedule award after accepted bilateral carpal tunnel syndrome and surgery. OWCP obtained several impartial examinations to resolve disagreement about permanent impairment. The final specialist did not explain an impairment percentage, and he…
D.M. and U.S. Postal Service, Post Office, Jersey City, NJ
D.M. (ECAB 11-2086): Low back disability recurrence denial upheld
D.M., a postal mail handler with accepted low back conditions, worked a modified position before stopping work in August 2010. He claimed a recurrence of disability and said his duties had exceeded his medical restrictions or that suitable work was withdrawn. The Board found no reasoned medical…
M.F. and U.S. Postal Service, Mail Processing Annex, Aurora, CO
M.F. (ECAB 11-1273): Wage loss claim returned to check prior payment
M.F., a postal worker with an accepted lumbar condition, sought wage loss compensation beginning in July 2005. A later physician's report gave a reasoned explanation that the condition prevented him from performing his assigned job. The Board found that report supported disability beginning July…
M.R. and U.S. Postal Service, Post Office, San Juan, PR
M.R. (ECAB 11-0980): Emotional condition claim denial upheld
M.R., a postal clerk, reported an anxiety episode after a discussion with her postmaster about the pace of her mail sorting. She alleged that he yelled, insulted her, and prevented her from leaving. The Board found that witness accounts confirmed a discussion and her distress but did not…
K.W. and U.S. Postal Service, Post Office, San Francisco, CA
K.W. (ECAB 12-0826): Finding that accepted nerve condition resolved upheld
K.W., a postal mail handler, had an accepted temporary nerve condition affecting both arms after work activity. OWCP found that the condition had resolved by November 9, 2011. The Board held that OWCP bore the burden to show the accepted condition had ended. It found that the treating physician's…
R.I. and Department of the Army, U.S. Army Materiel Command, Watervliet, NY
R.I. (ECAB 12-0788): Refusal to reopen continuation of pay claim upheld
R.I., an Army welder supervisor, sought continuation of pay after reporting a wrist injury but filing his injury claim more than 30 days after the alleged event. OWCP had denied continuation of pay, and he sought reconsideration. The Board reviewed only the refusal to reopen, because the appeal was…
P.L. and U.S. Postal Office, Processing & Distribution Center, Louisville, KY
P.L. (ECAB 12-0771): Arm injury claim denial upheld; treatment costs left for OWCP
P.L., a postal mail handler, reported right forearm pain after pushing trailer doors at work. The Board found that the medical reports did not provide a clear diagnosis and reasoned explanation tying a new condition to that specific incident, especially given her earlier right arm injuries. Reports…
O.T. and Department of Treasury, Internal Revenue Service, Birmingham, AL
O.T. (ECAB 12-0753): Wage capacity modification request sent for merit review
O.T., an Internal Revenue Service special agent with an accepted back injury, asked OWCP to modify a prior wage earning capacity determination. OWCP treated the letter as an untimely reconsideration request and denied it without reaching the merits. The Board found that the substance of the letter…
M.M. and Department of Veterans Affairs, Bay Pines Veterans Medical Center, Bay Pines, FL
M.M. (ECAB 12-0560): Wage loss claim denied for unspecified disability dates
M.M., a Veterans Affairs floor finishing worker, had accepted lumbar conditions and stopped working in 2009. He sought wage loss compensation from December 18, 2009 to July 1, 2010. His doctors described restrictions and difficulty performing heavy work, but did not give a reasoned opinion…
United States Department of Homeland Security, Immigration and Customs Enforcement and American Federation of Government Employees, Local 511
ICE and AFGE Local 511 (FLRA 0-AR-4542): Attorney appraisal must be redone
Immigration and Customs Enforcement rated an attorney's performance unacceptable while an investigation into judges' allegations about her conduct was still pending. An arbitrator found that the agency had relied on unverified allegations and coworker interactions outside the stated performance…
A.H. and U.S. Postal Service, Post Office, Fort Worth, TX
A.H. (ECAB 12-0811): Back condition claim denied for insufficient medical reasoning
A.H., a postal mail processing clerk, reported back pain and leg symptoms after returning to modified work in automation. OWCP accepted that she performed the described duties. Her physician diagnosed lumbar symptoms and disc findings, but did not explain how the particular work activities caused…
L.L. and Department of Transportation, Federal Railroad Administration, Kansas City, MO
L.L. (ECAB 12-0722): Back condition claim returned for a complete record
L.L., a former Federal Railroad Administration employee, filed a claim alleging that his work aggravated degenerative disc disease. OWCP denied the claim as untimely, and a hearing representative upheld that ruling. The Board found the record incomplete because L.L. had two earlier accepted back…
R.S. and U.S. Postal Service, Post Office, Oak Lawn, TX
R.S. (ECAB 12-0710): OWCP must consider a discretionary hearing
R.S., a postal employee, requested an oral hearing after the deadline for a hearing as a matter of right. In an earlier appeal, the Board had told OWCP to consider whether to grant a hearing in its discretion. OWCP again denied the request, reasoning that a change to its procedures removed any duty…
M.O. and U.S. Postal Service, Post Office, Houston, TX
M.O. (ECAB 12-0636): Left knee claim denied for insufficient medical explanation
M.O., a postal sales and distribution associate, reported left knee pain after squatting to lift a parcel and said her work duties contributed to the condition. A physician diagnosed a torn meniscus and degenerative arthritis, but did not adequately explain how the identified work activities caused…
W.S. and U.S. Postal Service, Post Office, Bellmawr, NJ
W.S. (ECAB 12-0593): Schedule award denied after wrist condition resolved
W.S., a postal employee, sought a schedule award for arm impairment following an accepted left wrist injury. An earlier Board decision had upheld OWCP's finding that the accepted tenosynovitis had resolved. Her physician rated impairment based mainly on other nerve and arm conditions, but did not…
G.F. and U.S. Postal Service, Post Office, Silver Spring, MD
G.F. (ECAB 12-0532): Right arm schedule award denied for lack of ratable impairment
G.F., a postal letter carrier, had an accepted cervical disc condition with right radiculopathy and sought a schedule award for permanent right arm impairment. Her physician rated spinal or whole person impairment in earlier reports, then used an older edition of the impairment guides to rate arm…
C.L. and U.S. Postal Service, Processing & Delivery Center, Little Rock, AR
C.L. (ECAB 12-0391): No lower extremity impairment shown after lumbar sprain
C.L., a postal mail handler, sought a schedule award after an accepted lumbar sprain. A second opinion physician assigned a small whole body rating for chronic pain, but an OWCP medical adviser found no measurable impairment in either leg connected to the accepted condition. The Board held that the…
C.B. and Department of the Army, Health Services Command, Fort Knox, KY
C.B. (ECAB 12-0296): Late hearing request denied without abuse of discretion
C.B., a former Army secretary with an accepted shoulder injury, asked OWCP to cover an orthopedic mattress. OWCP denied the mattress request, and she asked for an oral hearing more than 30 days after that decision. The Board held that she had no hearing right after the deadline and that OWCP had…
M.I. and U.S. Postal Service, Main Office, Boulder, CO
M.I. (ECAB 12-0240): Medical benefits ended after temporary psychiatric aggravation
M.I., a postal supervisor, had an accepted temporary aggravation of depression and anxiety following a workplace incident. Two psychiatrists disagreed about the relationship between her condition and work, so OWCP obtained an impartial specialist's opinion. That specialist attributed only a brief…
M.H. and Department of Veterans Affairs, Veterans Health Administration, St. Louis, MO
M.H. (ECAB 11-2053): Requested cervical surgery and equipment not authorized
M.H., a Veterans Health Administration nurse, had an accepted neck strain after a patient kicked her chin at work. Years later she requested authorization for cervical surgery, a collar, and a bone stimulator to treat disc disease. Her surgeon attributed the later condition to the work injury, but…
A.O. and Department of Justice, Federal Correctional Institution, Dublin, CA
A.O. (ECAB 11-1892): Two days of disability supported, earlier intermittent periods denied
A.O., a correctional institution instructor, sought compensation for intermittent absences in 2008 and two days in December 2010 after accepted ankle and related conditions. The Board found that his physician's general reports did not explain why he could not work during the earlier intermittent…
United States Department of Transportation, Federal Aviation Administration, Miami, Florida and National Air Traffic Controllers Association
FAA Miami and NATCA (FLRA 0-AR-4746): Support specialist placement award stands
An FAA air traffic controller lost medical qualification for his position and applied for other agency jobs after receiving a proposed removal notice. He accepted an automation position after the FAA did not select him for a support specialist job. An arbitrator found that the FAA violated the…
Secretary of Labor on behalf of Jeffrey Fletcher v. Frontier-Kemper Constructors, Inc.
Temporary reinstatement denied after unsupported-roof violation
Jeffrey Fletcher worked for Frontier-Kemper on construction of the slope for the Gibson South Mine. Fletcher and his supervisor painted the working face while positioned at least 7.5 feet beyond the last row of roof support, contrary to the approved roof support plan, and Fletcher spoke with an…
United States Department of Veterans Affairs, Captain James A. Lovell Federal Health Care Center and National Nurses United and American Federation of Government Employees
Lovell Federal Health Care Center, NNU, and AFGE (FLRA CH-RP-10-0039): Combined nurses unit upheld
A merger of a VA medical center and a Navy health clinic created the Lovell Federal Health Care Center. A regional director placed the transferred Navy nurses in the same bargaining unit as the VA nurses represented by National Nurses United. AFGE, which had represented the Navy employees, sought…
J.B. and U.S. Postal Service, Post Office, Buckhannon, WV
J.B. (ECAB 12-0727): Right knee claim denied for lack of medical causation
J.B., a postal city carrier, reported walking about 10 miles per workday and developing worsening right knee pain. His physician diagnosed osteoarthritis and internal knee derangement, and J.B. said he had preexisting right knee arthritis. The Board accepted the described walking duties but found…
C.T. and U.S. Postal Service, Post Office, Bolingbrook, IL
C.T. (ECAB 12-0720): Twelve percent right arm impairment award upheld
C.T., a postal sorting machine operator, had an accepted bilateral wrist tenosynovitis claim and received a schedule award for 12 percent right arm impairment. Her treating physician measured wrist motion, calculated 12 percent impairment, and sought additional impairment for strength loss and…
R.W. and Department of Homeland Security, Transportation Security Administration, Charleston, SC
R.W. (ECAB 12-0656): Work incident established, but injury claim still denied
R.W., a transportation security officer, reported back and hip pain after handling a heavy bag when his foot caught on a floor mat. The Board disagreed with OWCP's finding that the incident itself was unproved; his account had support and no strong conflicting evidence. The physicians' reports…
J.W. and U.S. Postal Service, Post Office, Douglas, GA
J.W. (ECAB 12-0653): Carpal tunnel impairment rating returned for explanation
J.W., a retired postal letter carrier, received a schedule award for four percent impairment of each arm after accepted bilateral carpal tunnel syndrome. The Board found that OWCP's medical adviser did not explain how he selected the modifier used in the rating. The adviser also reduced the…
C.W. and Department of Veterans Affairs, Tuskegee Veterans Medical Center, Tuskegee, AL
C.W. (ECAB 12-0647): Overpayment upheld, first deposit fault finding set aside
C.W., a Veterans Affairs health technician, received wage loss compensation after returning to work. The Board agreed that the resulting overpayment was $2,365.93. It found that OWCP had not shown she knew or should have known the first incorrect direct deposit was wrong when she received it, so…
W.R. and Department of Veterans Affairs, Overton Brook Veterans Medical Center, Shreveport, LA
W.R. (ECAB 12-0620): Schedule award overpayment returned for explanation
W.R., a Veterans Affairs patient services assistant, received an additional left arm schedule award based on an impairment rating calculated under an earlier edition of the rating guides. OWCP later sought to recover $11,045.77, reasoning that it should have used a newer edition. The Board found…
D.C. and Department of the Air Force, Robins Air Force Base, GA
D.C. (ECAB 12-0459): Compensation restored after unsuitable work finding
D.C., an Air Force aircraft mechanic, had accepted left arm injuries. The VA had separately rated his preexisting psychiatric condition. He declined an offer of full-time sedentary clerical work, and OWCP ended his compensation for refusing suitable work. The Board held that OWCP had assessed the…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.