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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S.G. and Department of Veterans Affairs, Coatesville Medical Center, Coatesville, PA
S.G. (ECAB 12-0429): Office work injury claim denied for insufficient medical link
S.G., a Veterans Affairs psychology technician, attributed neck, shoulder, and wrist conditions to typing, writing, and telephone work. The Board accepted that these were her duties and that physicians diagnosed several conditions. One physician gave a checked answer on causation without explaining…
G.M. and U.S. Postal Service, Post Office, Chicago, IL
G.M. (ECAB 12-0089): Medical and wage loss benefits ended after impartial examination
G.M., a postal letter carrier, had an accepted lumbar radiculopathy claim and later disputed termination of her benefits. Her treating and second opinion surgeons disagreed about whether the work-related condition still had effects. An impartial specialist concluded that her current condition…
William Metz v. Carmeuse Lime, Inc.
Discrimination dismissal affirmed over pretext dissent
William Metz, a longtime millwright and miners' representative, complained about possible asbestos dust and falling material while contractors dismantled kilns at Carmeuse Lime's Annville plant. He was suspended and then fired after a separate meeting about disputed on-call compensation in which…
Mach Mining, LLC
Ventilation plan rulings mostly affirmed with limited remand
Mach Mining contested two citations issued after it and MSHA reached an impasse over general and site-specific ventilation plans for the mine's unusual longwall system. The Commission majority held that termination of an earlier withdrawal order did not constitute the district manager's required…
C.W. and U.S. Postal Service, Post Office, Medfield, NY
C.W. (ECAB 12-0781): Reconsideration denied without new causation evidence
C.W., a postal bulk mail clerk, attributed back, neck, and arm problems to lifting, pushing, and pulling at work. After OWCP denied her claim, she requested reconsideration and supplied additional medical and disability records. The Board could review only the later nonmerit decision because the…
S.C. and Department of Defense, Defense Supply Center, Richmond, VA
S.C. (ECAB 12-0776): OWCP must follow the Board's earlier wage capacity ruling
S.C. challenged a wage earning capacity determination based on part-time modified work, although he had worked full time before his injury. In a prior appeal, the Board held that OWCP's procedures barred using those part-time earnings and reversed the determination. OWCP then issued another…
D.P. and Department of the Navy, Commander U.S. Pacific Fleet, Bremerton, WA
D.P. (ECAB 12-0666): Accepted hearing loss did not qualify for a schedule award
D.P., a Navy shipyard pipefitter, had accepted hearing loss from workplace noise exposure. His audiogram showed some loss, but the average thresholds in each ear fell below the impairment level set by the applicable rating guides. The Board therefore held that his hearing loss was not ratable for a…
B.M. and U.S. Postal Service, Post Office, Bedford Park, IL
B.M. (ECAB 12-0610): Duplicate medical records did not reopen award claim
B.M., a postal mail processing clerk, sought reconsideration after OWCP denied her schedule award claim following a prior suitable work refusal ruling. OWCP described her reconsideration request as untimely, but the Board found it had been filed within one year of the last merit decision. OWCP had…
J.B. and Department of the Air Force, Robins Air Force Base, GA
J.B. (ECAB 12-0607): Accepted hearing loss below schedule award threshold
J.B., an Air Force aircraft mechanic, had bilateral hearing loss and tinnitus attributed to noise at work. OWCP accepted the hearing loss but denied a schedule award. The Board reviewed the certified audiogram and found average hearing thresholds of 22.5 decibels in the right ear and 16.25 in the…
B.B. and Tennessee Valley Authority, Yellow Creek Nuclear Project, Iuka, MS
B.B. (ECAB 12-0602): Wage loss and medical benefits ended after accepted back injury resolved
B.B., a Tennessee Valley Authority carpenter, received benefits after accepted neck and back sprains and a temporary aggravation of lumbar degenerative disease. Decades later, OWCP ended those benefits. The Board credited a second opinion physician who explained that the accepted injuries had…
R.O. and Department of State, International Boundary & Water Commission, El Paso, TX
R.O. (ECAB 12-0436): Insurance premium overpayment recovery upheld
R.O., a former surveying technician, received compensation from which OWCP had failed to deduct health and life insurance premiums over several years. OWCP found an $18,585.20 overpayment and treated him as without fault. The Board nevertheless upheld denial of waiver because the financial record…
L.P. and U.S. Postal Service, Post Office, Louisville, KY
L.P. (ECAB 11-1941): Knee contusion recognized, later conditions unproved
L.P., a postal building equipment mechanic, stepped on a broken broom head while descending a ladder at work and twisted his right knee. His physician diagnosed a contusion soon afterward, and the Board found that injury established. Months later, surgery identified chondromalacia, but the…
J.E. and U.S. Postal Service, Post Office, Dallas, TX
J.E. (ECAB 12-0643): Left ankle claim denied for missing work connection
J.E., a postal mail handler, said walking, pushing, and loading mail caused swelling in his left ankle. His physician diagnosed synovitis with a dorsal talar spur and attributed it to aging and chronic use of the limb. The Board accepted the described work duties and the diagnosis. It found that…
V.W. and Department of Veterans Affairs, Alexandria Health Care System, Pineville, LA
V.W. (ECAB 12-0832): Carpal tunnel claim filed after the statutory deadline
V.W., a former Veterans Affairs social work associate and addiction therapist, attributed bilateral carpal tunnel syndrome to typing, writing, and driving at work. He said he knew of the condition and its possible work connection in November 2004 but continued working until December 2006. He filed…
J.K. and Department of the Army, Army Contracting Agency, Dugway, UT
J.K. (ECAB 12-0717): Back diagnoses established, work connection unproved
J.K., an Army contract specialist, fell after missing stairs at work and later sought coverage for back treatment. OWCP had found that the records showed only pain, but the Board identified diagnoses of muscle spasm, thoracic myofascial pain syndrome, and disc degeneration. It still found the claim…
M.H. and U.S. Postal Service, Post Office, New York, NY
M.H. (ECAB 12-0651): Written review unavailable, reconsideration request timely
M.H., a postal employee, sought written record review after the Board had already decided his traumatic injury appeal. The Board held that OWCP's hearing branch could not review that Board decision without a new final OWCP decision, so it upheld denial of written review. M.H. also sought…
T.G. and Department of Veterans Affairs, Veterans Administration Hospital, Sepulveda, CA
T.G. (ECAB 12-0600): Right wrist benefits ended after accepted conditions resolved
T.G., a former Veterans Affairs nursing assistant, had accepted wrist injuries from moving a patient at work. OWCP ended her benefits after a second opinion physician concluded that the accepted wrist strain and de Quervain's syndrome had resolved and did not restrict her from full-duty work. The…
E.S. and U.S. Postal Service, Post Office, San Diego, CA
E.S. (ECAB 12-0467): Compensation reduced after failed rehabilitation evaluations
E.S., a postal employee with accepted right wrist conditions, received wage loss compensation when the employer could not provide a full day of suitable modified work. OWCP directed her to participate in functional capacity evaluations as an initial step in vocational rehabilitation. She attended…
L.C. and U.S. Postal Service, Post Office, Los Angeles, CA
L.C. (ECAB 12-0362): Continuation of pay denied for events across multiple shifts
L.C., a postal electronic technician, sought continuation of pay after reporting an emotional condition arising from workplace events that included an encounter with security officers. He filed a traumatic injury form based on one incident. The Board found that the claim actually arose from events…
P.P. and Department of the Navy, Naval Facilities Engineering Command-Centers, Dahlgren, VA
P.P. (ECAB 12-0272): Hearing loss claim filed after exposure deadline
P.P., a former Navy civil engineer, said he first connected his hearing loss to work in 1971 and retired in March 1997. He filed his occupational disease claim in February 2001, more than three years after his last work exposure. The Board found no evidence that an immediate supervisor received…
R.D. and U.S. Postal Service, Post Office, Washington, DC
R.D. (ECAB 11-1551): Partial disability claim lacked medical explanation
R.D., a postal letter carrier, sought wage loss compensation for reduced hours from May 27 through June 30, 2010 after accepted shoulder, arm, and elbow injuries. His physician stated that he could work only four hours a day for part of that period, but did not explain how the accepted injuries…
United States Department of Homeland Security, U.S. Customs and Border Protection, Border Patrol, Del Rio Sector and American Federation of Government Employees, Local 2366
Del Rio Border Patrol and AFGE Local 2366 (FLRA 0-AR-4824): Suspension exceptions dismissed
The Border Patrol suspended a canine handler for five days for neglect of duty. An arbitrator sustained the union's grievance, finding that the suspension did not promote the efficiency of the service and that the agency had withheld requested videos. The agency challenged the video finding and the…
United States Department of Housing and Urban Development and American Federation of Government Employees, National Council of HUD Locals 222
HUD and AFGE Council 222 (FLRA 0-AR-4586): Agency's remedy objections dismissed
An arbitrator found that HUD's method of advertising and filling jobs violated its agreement with the union. After the Authority set aside her initial remedy and remanded the matter, she ordered alternative remedies, including possible promotions or priority consideration, and directed HUD to stop…
Secretary of Labor v. Mize Granite Quarries, Inc., Robert W. Mize III, and Clayborn Lewis
Company penalties affirmed and individual penalties remanded
MSHA proposed eleven penalties against Mize Granite Quarries and four individual penalties against owner Robert Mize III and foreman Clayborn Lewis. The administrative law judge vacated two company citations, affirmed four proposed company penalties, reduced five company penalties, dismissed one…
M.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Kansas City, MO
M.B. (ECAB 12-0686): Emotional condition claim lacked proven compensable work factors
M.B., a Veterans Affairs housekeeping aide leader, attributed stress to alleged harassment, workload changes, scheduling, and criticism by supervisors. The Board found that many of his allegations concerned management decisions and that the record did not establish error or abuse in those actions…
T.H. and Department of the Army, Army National Guard, North Little Rock, AR
T.H. (ECAB 12-0645): Ten percent left leg impairment award upheld
T.H., an Army National Guard painter, had accepted back and sacroiliac conditions after lifting a sandbag at work and received a schedule award for 10 percent left leg impairment. He sought a higher percentage using reports from his attending surgeon. The Board found that those reports used spine…
C.M. and U.S. Postal Service, Portland Performance Cluster, Portland, OR
C.M. (ECAB 12-0627): Wage loss termination upheld after hand injury review
C.M., a postal rural carrier associate, had accepted bilateral carpal tunnel syndrome and right thumb arthritis and had stopped working after authorized surgery. OWCP ended wage loss compensation after a referral surgeon concluded that objective findings did not support work restrictions. A later…
T.T. and U.S. Postal Service, Post Office, Bronx, NY
T.T. (ECAB 12-0524): Fall accepted, medical link to claimed conditions unproved
T.T., a postal letter carrier, became dizzy, fell, and hit her head on a door while delivering mail. The Board treated the unexplained fall as occurring in the performance of duty because OWCP had not shown a personal cause unrelated to work. Her physicians described cervical symptoms and possible…
M.S. and U.S. Postal Service, Post Office, Egg Harbor Township, NJ
M.S. (ECAB 12-0333): Schedule award governed by guides in effect at decision
M.S., a postal employee, challenged the edition of the impairment rating guides used for his schedule award rather than the award amount itself. His attorney argued that a delay in deciding the claim deprived him of a right to an assessment under the fifth edition. The Board held that he had no…
L.L. and Department of Veterans Affairs, Veterans Health Administration, Hines, IL
L.L. (ECAB 12-0309): Back injury and hearing denials affirmed
L.L., a secretary at a Veterans Affairs health facility, claimed that lifting cases of paper at work injured her lower back. OWCP accepted that the lifting incident occurred but found the medical evidence insufficient to connect it to an injury. The Board agreed because the medical reports gave…
S.D. and U.S. Postal Service, Post Office, Islandia, NY
S.D. (ECAB 12-0299): Repeated evidence did not reopen claim
S.D., a postal letter carrier, had accepted a lower back strain from a 1998 work incident. OWCP later ended his wage-loss and schedule award benefits after finding that he refused suitable work. He sought reconsideration of that decision and submitted a prescription note and lumbar MRI scan that…
J.R. and Department of Agriculture, Minneapolis, MN
J.R. (ECAB 12-0279): Late reconsideration request did not show clear error
J.R., a poultry inspector, had an accepted lower back sprain after a workplace fall and later sought a schedule award. OWCP denied the award in 2008, and she requested reconsideration of that claim in February 2011. The Board held that the request came more than one year after the last merits…
V.R. and U.S. Postal Service, Post Office, Los Angeles, CA
V.R. (ECAB 12-0182): Knee claim lacked a reasoned medical link to work
V.R., a postal carrier with a history of knee problems, said his right knee buckled while he walked down stairs at work in July 2010. The Board accepted that the incident happened but held that the medical evidence did not establish that it caused or aggravated his meniscal tear. His treating…
E.J. and U.S. Postal Service, Processing & Distribution Center, Las Angeles, CA
E.J. (ECAB 12-0156): Recurrence claim lacked medical explanation
E.J., a postal mechanic, had an accepted left leg and knee injury from a 1997 workplace fall. He later claimed a recurrence of disability beginning in February 2010. His physician initially attributed his time off work to an unrelated automobile accident, then attributed it to the accepted injury…
S.T. and Department of Veterans Affairs, National Cemetery Administration, Fort Bliss National Cemetery, El Paso, TX
S.T. (ECAB 12-1176): Termination supported by medical opinion on resolved injury
S.T., a cemetery caretaker, received compensation for back conditions accepted after a 1991 lifting injury. OWCP ended his monetary compensation in January 2012 after a second-opinion orthopedic surgeon found no significant residuals of the accepted injury and concluded that he could return to full…
A.K. and U.S. Postal Service, Post Office, Toledo, OH
A.K. (ECAB 12-0806): Work stoppage argument did not reopen recurrence claim
A.K., a postal letter carrier, had accepted back and knee strains from a 1993 injury. She later claimed a recurrence of disability, which OWCP denied for lack of sufficient medical evidence. In a new reconsideration request, she argued that OWCP had confused the date she stopped work with the date…
M.B. and Department of Veterans Affairs, Veterans Canteen Service, Augusta, GA
M.B. (ECAB 12-0705): Suitable work refusal supported benefit termination
M.B., a former Veterans Canteen Service cook supervisor, received compensation for injuries accepted after a 1993 workplace incident. The employer offered her a full-time desk clerk and greeter position that permitted changes between sitting, standing, and walking and avoided restricted physical…
J.K. and U.S. Postal Service, Sacramento Performance Cluster, Sacramento, CA
J.K. (ECAB 12-0652): No additional right arm schedule award
J.K., a postal window clerk, had several accepted right arm conditions and had already received schedule awards totaling 41 percent permanent impairment of that arm. She sought an additional award. An OWCP medical adviser rated her current impairment at 18 percent under the sixth edition of the…
J.H. and Department of the Army, Aviation & Troop Command, St. Louis, MO
J.H. (ECAB 12-0516): No increase to prior arm impairment awards
J.H., an Army contract specialist, had accepted carpal tunnel syndrome in both arms and prior schedule awards for 15 percent right arm and 8 percent left arm impairment. After further surgery, she sought increased awards. Her surgeon rated each arm at 10 percent using the sixth edition of the…
L.C. and Department of the Navy, Marine Corps, Barstow, CA
L.C. (ECAB 12-0504): Late reconsideration request did not establish clear error
L.C. sought reconsideration of OWCP's 2008 denial of his claimed right knee injury. His 2011 request came more than one year after the last merits decision, so he needed to show clear evidence of error to obtain review. He submitted medical reports concerning his knee, but the Board found that the…
R.M. and U.S. Postal Service, Parcel Post Office, Flushing, NY
R.M. (ECAB 12-0496): Benefit termination reversed over flawed medical opinion
R.M., a postal letter carrier, received benefits for neck sprain and cervical radiculitis accepted after a work-related vehicle collision. OWCP terminated his compensation and medical benefits based on an impartial orthopedic examiner's opinion that the injury had resolved. The Board found that the…
M.D. and Department of Homeland Security, Transportation Security Administration, Honolulu, HI
M.D. (ECAB 12-0338): One reconsideration ruling remanded, another affirmed
M.D., a transportation security officer, sought compensation for two periods of disability following an accepted back injury and depression. OWCP denied reconsideration of both claims in separate September 2011 decisions. For the February to March 2010 claim, the Board held that OWCP wrongly…
A.J. and Department of Veterans Affairs, G.V. Montgomery Medical Center, Jackson, MS
A.J. (ECAB 11-2119): Seizure at work lacked medical link to duties
A.J., a medical administration officer, lost consciousness and had a seizure while attending a meeting at work. The Board accepted that he was carrying out work duties when the episode occurred. It found that the rule for injuries caused by a fall did not apply because he slumped in his chair and…
Matter of Antonio CALDERON-HERNANDEZ
An affidavit about child care is not required when another parent remains
The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied his application for cancellation of removal based on the claimed hardship to his three United States citizen children. The respondent testified that the children would remain in the United States with their mother…
D.A. and U.S. Postal Service, Bulk Mail Center, Pittsburgh, PA
D.A. (ECAB 12-0841): Shoulder impairments rated under one regional diagnosis
D.A., a postal mail handler, had accepted right shoulder injuries and received schedule awards totaling 12 percent right arm impairment. His physician calculated a higher rating by adding separate ratings for several diagnoses in the same shoulder region. OWCP's medical adviser used the sixth…
T.B. and U.S. Postal Service, General Mail Facility, Harrisburg, PA
T.B. (ECAB 12-0639): Knee replacement rating upheld without added arthritis rating
T.B., a retired postal employee, had an accepted left knee condition and underwent a total knee replacement. OWCP awarded compensation for 21 percent permanent impairment of his left leg. His physician sought to add a separate rating for arthritis that existed before the replacement, producing a…
C.B. and U.S. Postal Service, Post Office, Philadelphia, PA
C.B. (ECAB 12-0606): Work incident accepted, hand injury claim still denied
C.B., a postal letter carrier, reported right hand pain and swelling while delivering his route. OWCP denied his traumatic injury claim after finding that he had not described a specific work event sufficiently. The Board disagreed on that factual point, finding his account and prompt report and…
C.D. and U.S. Postal Service, Post Office, Redondo Beach, CA
C.D. (ECAB 12-0585): Late reconsideration request did not show clear error
C.D., a postal employee, had an occupational shoulder claim denied for lack of medical evidence linking it to work. Years later, he sought reconsideration and argued that a file number had been used incorrectly. The Board found the request late and held that he had not explained how the alleged…
K.H. and U.S. Postal Service, Post Office, Osceola, AR
K.H. (ECAB 12-0547): Stumble established, medical link still missing
K.H., a postal carrier, said she stumbled while stepping from her vehicle during deliveries and then developed leg and back symptoms. OWCP denied her claim after finding that the incident itself had not been established. The Board found her account, prompt treatment, and prompt claim sufficient to…
L.I. and Department of the Army, Installation Management Command, Fort Bragg, NC
L.I. (ECAB 12-0417): Impartial knee rating and reconsideration denial upheld
L.I., an Army employee, had accepted left knee conditions and sought a schedule award. His physician rated left leg impairment at 49 percent, while an OWCP referral physician rated it at seven percent. An impartial orthopedic surgeon reviewed the record, examination, and imaging and rated…
T.Y. and Department of Transportation, Federal Aviation Administration, Oberlin, OH
T.Y. (ECAB 12-0393): Recurrence claim denied after intervening accident
T.Y., an air traffic control specialist, had accepted neck and arm injuries from a 2003 fall at work. He later sought wage-loss compensation and further medical treatment after a 2005 vehicle accident. The Board found that the medical reports did not adequately connect his later conditions or need…
E.F. and Department of the Army, Tobyhanna Army Depot, Tobyhanna, PA
E.F. (ECAB 12-0034): Left knee claim lacked consistent history and medical explanation
E.F., an Army depot mechanic, was struck by a vehicle at work, and OWCP accepted a right knee injury. He also sought compensation for a left knee condition. The Board treated OWCP's later decision as a merits ruling because OWCP had evaluated the left knee evidence, despite calling the decision a…
J.W. and U.S. Postal Service, Post Office, Mechanicsville, MD
J.W. (ECAB 11-2116): Schedule award overpayment and fault finding upheld
J.W., a postal rural carrier, received a schedule award for a right ankle injury that was due to end January 10, 2011. OWCP mistakenly paid him for five additional days, creating a $752.97 overpayment. The Board found that his award notices and checks stated the ending date and payment periods, so…
United States Department of Justice, Federal Bureau of Prisons, Federal Detention Center, Honolulu, Hawaii and American Federation of Government Employees, Local 1218
Honolulu Federal Detention Center and AFGE Local 1218 (FLRA 0-AR-4805): Individual remedies remanded
An arbitrator found that the Honolulu federal detention center took too long to investigate alleged employee misconduct and resolve disciplinary matters. He awarded two employees compensation for missed outside jobs, directed removal of related discipline records, and ordered the agency to bargain…
Dickenson-Russell Coal Co., LLC
Mantrip sander violations affirmed with penalty reduced to $750
MSHA cited three nine-passenger diesel mantrips at Dickenson-Russell Coal's Cherokee Mine because their sanding devices contained wet sand and did not work. The mine had recently been inundated, but the mantrips were parked on track in ready-for-use positions and had not been tagged out of service…
Black Beauty Coal Company
Berm violations partly affirmed and remanded
MSHA cited Black Beauty Coal for inadequate overtravel protection at a dragline bench, a steep temporary drill road, and an elevated dumpsite at its surface mine. For the dragline-bench citation, a Commission majority held that the bench remained a roadway during the dragline move but remanded for…
S.W. and U.S. Postal Service, Post Office, Jacksonville, FL
S.W. (ECAB 12-0715): Reconsideration did not address wage capacity ruling
S.W., a postal employee with accepted injuries, sought compensation after her limited-duty appointment ended. OWCP had already made a formal finding about her wage-earning capacity in a modified job. In a timely reconsideration request, she argued that she could not return to her original job and…
E.M. and U.S. Postal Service, Rugby Post Office, Brooklyn, NY
E.M. (ECAB 12-0685): Four percent shoulder impairment rating upheld
E.M., a postal carrier, had accepted right shoulder injuries and received a schedule award for four percent right arm impairment. His treating physician calculated a six percent rating using shoulder motion measured earlier, while an OWCP second-opinion surgeon found essentially normal motion and…
D.B. and Department of Homeland Security, Transportation Security Administration, Aurora, CO
D.B. (ECAB 12-0658): Knee claim lacked reasoned medical causation evidence
D.B., an airport security screener, felt a pop in his left knee while squatting to screen a passenger. OWCP accepted that the incident occurred but denied the injury claim. The Board found that a doctor's initial pain diagnosis and checked causation box did not supply a reasoned medical opinion…
M.B. and U.S. Postal Service, Post Office, Alexandria, VA
M.B. (ECAB 12-0621): New medical reports require merits reconsideration
M.B., a postal window clerk, had an accepted left leg contusion and sought wage-loss compensation for later periods. OWCP had denied her earlier claims and refused to reopen after a 2011 reconsideration request. The Board found that she had submitted new reports from a physician who described…
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.