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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Garabar, Inc.
Informal-conference request did not preserve a contest
Garabar, a roofing and general contractor, received two serious OSHA citations with $5,400 in proposed penalties on November 16, 2011. Its written contest deadline was December 8, but it did not submit anything until a December 22 letter requesting more time for an informal conference. The…
NLJ Builders, Inc.
Controlling contractor held responsible for unsafe scaffold
NLJ Builders subcontracted carpentry work at a Florida bank project and supplied the subcontractor with a scaffold owned by NLJ. A subcontractor employee worked about 15 feet above the ground on a platform that was less than half planked, lacked a firm base and guardrails, and had not been erected…
T.P. and U.S. Postal Service, Post Office, Glassboro, NJ
T.P. (ECAB 11-2136): Earlier leg awards exceeded the current impairment rating
T.P., a postal employee, had accepted foot conditions and previously received schedule awards for five percent impairment of each leg. He sought additional compensation after two earlier Board appeals. The impartial specialist rated plantar fasciitis at two percent impairment of each foot. OWCP's…
SeaWorld of Florida, LLC
Killer-whale hazard and stairway items affirmed as serious
SeaWorld trainer Dawn Brancheau died after the killer whale Tilikum pulled her into a performance pool during a close-contact interaction. OSHA alleged that trainers faced recognized struck-by and drowning hazards when performing drywork with Tilikum and drywork or waterwork with other killer…
American Federation of Government Employees, Council 215 and Social Security Administration, Office of Disability Adjudication and Review
AFGE Council 215 and SSA Disability Adjudication (FLRA 0-AR-4803): Grievance meeting award stands
At a first-step grievance meeting, SSA brought a second official to take notes and later shared those notes with deciding officials. AFGE Council 215 challenged the official's attendance, the handling of the notes, and the agency's refusal to give the union a copy. An arbitrator found no violation…
Highland Enterprises, LLC
Handrail and guarding violations affirmed with two negligence reductions
Highland Enterprises operated a portable crushed-stone plant at the Mt. Solo Pit and contested five citations involving a work platform, conveyor pulleys, a bulldozer fan, and missing rear lights. Judge Thomas P. McCarthy affirmed an S&S handrail violation because tying off did not replace the…
D.G. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
D.G. (ECAB 12-545): Accepted hearing loss did not qualify for a schedule award
D.G., an Air Force aircraft mechanic, had accepted bilateral hearing loss from workplace noise. He sought a schedule award, but a physician's audiogram showed average hearing loss of 22.5 decibels in each ear at the measured frequencies. Under the applicable impairment guide, the first 25 decibels…
G.A. and Department of Veterans Affairs, Veterans Administration Medical Center, Oklahoma City, OK
G.A. (ECAB 12-529): Medical reports did not establish a recurrence of disability
G.A., a Veterans Affairs food service worker, sought compensation for a recurrence of disability after a June 2007 workplace injury. He said he could no longer work as of October 25, 2008. The Board found that the medical reports did not explain, on a complete factual history, how his accepted…
B.F. and Department of Justice, Bureau of Prisons, Fort Dix, NJ
B.F. (ECAB 12-466): Conflicting medical opinions defeated a wage capacity reduction
B.F., a Bureau of Prisons correctional officer, received wage loss compensation after a work-related fall and back surgery. OWCP reduced his benefits after selecting computer support specialist as a job he could perform. OWCP's examining physician said B.F. could meet that job's lifting…
J.M. and U.S. Postal Service, Northtown Post Office, Chicago, IL
J.M. (ECAB 12-370): Workplace stress claim lacked a proven compensable factor
J.M., a postal sales service associate, attributed stress symptoms to events following her return to work, including training, scheduling, attendance inquiries, and alleged treatment by supervisors. The Board found that these matters involved personnel administration rather than her assigned work…
D.W. and U.S. Postal Service, Post Office, Chicago, IL
D.W. (ECAB 12-322): One percent arm award matched the medical impairment rating
D.W., a postal mail handler, had accepted bilateral carpal tunnel syndrome and underwent surgery on her right hand. She sought a schedule award for permanent impairment of her right arm. Her treating surgeon applied the impairment guide and rated that arm at one percent; OWCP's medical adviser…
D.L., claiming as widow of R.L., and Department of the Navy, Naval Intelligence Command, Washington, DC
D.L. (ECAB 11-1993): Medical evidence did not link a worker's death to his back injury
D.L. sought survivor benefits after her husband, a former Navy warehouse worker, died in 2010. He had an accepted back injury from a 1983 fall and later developed significant cardiovascular disease. Several treating physicians said his back condition limited his activity and contributed to his…
C.M. and U.S. Postal Service, Colorado-Wyoming Performance Cluster, Denver, CO
C.M. (ECAB 11-1747): Accepted knee injury did not prove the claimed period of disability
C.M., a postal carrier, had an accepted permanent aggravation of right knee osteoarthritis and had received a schedule award for leg impairment. She also sought wage loss compensation for more than three years after leaving postal work. The Board found her physician's reports addressed the knee…
International Federation of Professional and Technical Engineers, Association of Administrative Law Judges, Judicial Council No. 1 and Social Security Administration, Office of Disability Adjudication and Review, National Hearing Center, Richmond, Virginia
ALJ Judicial Council and SSA Disability Adjudication (FLRA 0-AR-4781): Reprimand upheld
At a Social Security disability hearing, an administrative law judge removed a disruptive representative and then took expert testimony while both the claimant and representative were absent. SSA reprimanded the judge, and the union challenged the reprimand in arbitration. The arbitrator found good…
Secretary of Labor on behalf of Reuben Shemwell v. Armstrong Coal Company, Inc. and Armstrong Fabricators, Inc.
Temporary reinstatement affirmed despite shop layoff
Reuben Shemwell worked as a welder for Armstrong entities and alleged that he was terminated after complaining about the need for respirator protection from welding fumes. The operators said he was discharged for unauthorized personal cell-phone use and argued that a shop layoff affected any…
Pacific Rim International West Inc., Haili Icebear Inc., and Huzhou Daixi Zhenhua Technology Trade Co., Ltd.
In re Pacific Rim International West Inc., Haili Icebear Inc., and Huzhou Daixi Zhenhua Technology Trade Co., Ltd. (EAB CAA 12-02C): consent agreement ratified
Pacific Rim International West Inc., Haili Icebear Inc., and Huzhou Daixi Zhenhua Technology Trade Co., Ltd. were respondents in a Clean Air Act enforcement matter. The Environmental Appeals Board incorporated the attached Consent Agreement into its Final Order and ratified it under the cited EPA…
K.P. and U.S. Postal Service, North Philadelphia Post Office, Philadelphia, PA
K.P. (ECAB 12-536): Unverified specialist selection required a new decision
K.P., a postal letter carrier, sought a schedule award after an accepted right foot and ankle injury. OWCP denied the award based on an impartial specialist's opinion that she had recovered. The Board found the case file did not contain the screenshots needed to verify that OWCP had selected that…
H.R. and Department of Veterans Affairs, Jackson Veterans Administration Medical Center, Jackson, MS
H.R. (ECAB 12-448): Incomplete arm impairment analysis required a remand
H.R., a Veterans Affairs nurse, had accepted conditions affecting both arms across three injury claims. OWCP awarded additional compensation based on an impairment rating for carpal tunnel syndrome and trigger finger, after subtracting earlier elbow and shoulder awards. The Board found OWCP had not…
D.O. and U.S. Postal Service, Post Office, Rahway, NJ
D.O. (ECAB 12-415): Conflicting arm impairment opinions required an impartial examination
D.O., a former postal letter carrier, sought a left-arm schedule award related to an accepted cervical injury. Her physician rated left-arm impairment at 25 percent, while an OWCP referral physician found no ratable impairment. The Board found their medical opinions conflicted on whether the…
M.M. and Department of the Air Force, Air Force Services Agency, San Antonio, TX
M.M. (ECAB 12-306): Back injury claim lacked a medical explanation of causation
M.M., an Air Force information technology supervisor, reported back pain after reaching under his desk for a pen at work. The incident and his later lumbar disc diagnosis were undisputed. The Board found that none of his physicians explained how that particular movement caused or aggravated the…
J.S. and U.S. Postal Service, Airmail Facility, Seattle, WA
J.S. (ECAB 12-231): OWCP again failed to obtain the required pain medicine specialist
J.S., a postal employee, appealed OWCP's denial of a recurrence of disability. In an earlier appeal, the Board had directed OWCP to obtain an impartial physician certified in pain medicine. OWCP reused the prior physician and relied on a curriculum vitae and an online listing, neither of which…
J.N. and U.S. Postal Service, Post Office, Oklahoma City, OK
J.N. (ECAB 12-208): Medical adviser did not apply the required impairment guide
J.N., a postal employee, had received a schedule award for 29 percent impairment of his right leg and later requested an additional award. An earlier Board decision told OWCP to apply the sixth edition of the impairment guide to the medical evidence. On remand, OWCP's medical adviser compared older…
M.S. and Department of Veterans Affairs, Veterans Health Administration, Oklahoma City, OK
M.S. (ECAB 12-141): Benefits termination upheld, additional conditions sent back
M.S., a Veterans Affairs practical nurse, received benefits for an accepted neck strain after moving a patient. The Board found that an impartial specialist's reasoned opinion supported OWCP's termination of those benefits and that later reports did not prove continuing work-related residuals. It…
J.P. and U.S. Postal Service, Post Office, Boston, MA
J.P. (ECAB 12-1): Impartial examination supported termination of injury benefits
J.P., a postal mail carrier, received benefits after a 1998 fall caused accepted back and tailbone conditions. Her treating physician reported continuing disability, while an OWCP physician found no remaining injury-related condition. An impartial specialist examined her and concluded that the…
M.P. and Department of Homeland Security, Department of Transportation, New Windsor, NY
M.P. (ECAB 11-1495): Neck symptoms at work did not prove a recurrence of disability
M.P., a transportation security screener, returned to limited duty after an accepted neck injury and surgery. She stopped working after feeling neck pain during a May 20, 2010 shift and claimed a recurrence of total disability. The Board found that reports linking her symptoms to a new movement at…
J.H. (deceased) and U.S. Postal Service, Post Office, Carol Stream, IL
J.H. (ECAB 11-1380): Appeal dismissed without proof of authority to represent the estate
J.H.'s mother appealed an OWCP ruling after he died. The Board asked her for probate court documentation showing that she was authorized to represent his estate. She submitted a petition requesting that authority but did not provide a court appointment, even after additional time. The Board held…
T.M. and U.S. Postal Service, Main Post Office, Cleveland, OH
T.M. (ECAB 11-1133): Reception clerk job supported a wage capacity reduction
T.M., a postal distribution clerk, received compensation for accepted injuries to her left arm and shoulder. After training in hands-free office software, OWCP selected reception clerk as a job she could perform and reduced her benefits based on a 50 percent wage-earning capacity. The Board found…
American Federation of Government Employees, Local 2145 and United States Department of Veterans Affairs, Veterans Affairs Medical Center, Richmond, Virginia
AFGE Local 2145 and Richmond VA Medical Center (FLRA 0-AR-4831): Overtime system upheld
A VA medical center assigned mandatory overtime when employees stayed past their shifts until relief arrived and offered voluntary overtime through a sign-up schedule. AFGE Local 2145 argued that overtime was not distributed fairly and that the agency failed to follow the agreement's roster…
E.O. and U.S. Postal Service, Post Office, Paramus, NJ
E.O. (ECAB 12-506): Knee injury claim lacked an adequate medical explanation
E.O., a postal letter carrier, twisted her right leg and fell while crossing grass at work. OWCP accepted that the incident occurred but denied her injury claim for lack of medical proof connecting a diagnosed condition to it. The Board found that her physician did not explain how the fall caused…
C.H. and Tennessee Valley Authority, Division of Fossil & Hydro Power, Kingsport, TN
C.H. (ECAB 12-465): New medical records did not warrant reopening a factual dispute
C.H., a Tennessee Valley Authority worker, said she injured her upper back and neck while isolating water valves. OWCP denied the claim because it found the claimed work events unproven. On reconsideration, she supplied medical records, most concerning earlier back treatment, but no relevant new…
R.W. and Department of Veterans Affairs, Veterans Health Administration, Manchester, NH
R.W. (ECAB 12-358): Repeated records did not reopen an injection dispute
R.W., a Veterans Affairs pipe fitter, sought authorization for spinal injections after an accepted fall from a ladder. OWCP denied the treatment request, and he later asked twice for reconsideration. The Board could review only the two refusals to reopen the case because his appeal of the earlier…
S.C. and U.S. Postal Service, Post Office, New York, NY
S.C. (ECAB 12-170): Postal worker's ice fall was established, medical causation sent back
S.C., a postal letter carrier, reported that she slipped on ice while delivering mail and hurt her back. OWCP denied the claim, finding both the event and medical causation unproven. The Board found her same-day report, signed forms, and prompt emergency treatment established that the fall…
A.B. and U.S. Postal Service, Post Office, San Carlos, CA
A.B. (ECAB 12-100): Benefits for resolved neck and shoulder conditions ended
A.B., a postal distribution clerk, had accepted left shoulder and cervical conditions and later an accepted left carpal tunnel condition. OWCP ended benefits for the shoulder and neck conditions after a referral physician found those injuries had resolved, while continuing benefits for carpal…
G.B. and U.S. Postal Service, Post Office, Providence, RI
G.B. (ECAB 11-2050): Withdrawn postal job required a fresh wage capacity review
G.B., a postal mail handler with an accepted back injury, worked for years in a modified full-time position. OWCP found in 1999 that those earnings showed no wage loss. When the Postal Service later withdrew that position under its National Reassessment Program, he sought a change to the wage…
D.P. and U.S. Postal Service, Post Office, Oakland, CA
D.P. (ECAB 11-1841): Concurrent retirement and wage benefits created an overpayment
D.P., a postal employee receiving FECA wage loss compensation, also received federal retirement payments from September 2007 through November 2010. The Board held that concurrent receipt created an overpayment of $120,352.29, even though OWCP found he was not at fault. OWCP compromised the debt to…
M.D. and U.S. Postal Service, Fox Valley Processing & Distribution Center, Aurora, IL
M.D. (ECAB 11-733): Withdrawn postal job required review of wage capacity ruling
M.D., a postal mail handler with accepted wrist and shoulder conditions, had worked in a modified position that OWCP used for a 1997 finding of no wage loss. The Postal Service later withdrew that job under the National Reassessment Process, and she claimed wage loss from October 2010. The Board…
American Federation of Government Employees, Local 1592 and United States Department of Defense, Defense Commissary Agency
AFGE Local 1592 and Defense Commissary Agency (FLRA 0-AR-4838): Attorney-fee issue remanded
The Defense Commissary Agency suspended an employee for three days after accusing him of stealing a bottle of chocolate milk mix. An arbitrator found the agency had not proved the charge, rescinded the suspension, and awarded backpay. He denied the union's request for attorney fees in one sentence…
Maple Coal Company
Assessment reopened after reported date-stamp error
Maple Coal Company's proposed penalty assessment became a final Commission order after the 30-day contest period expired. Maple said its safety manager had mistakenly stamped the assessment as received one day later than its actual delivery date. Its senior counsel said he relied on that stamp and…
Ernest B. Matney, employed by Knox Creek Coal Corp.
Individual-liability penalty settled at $2,160
An earlier ALJ decision found that Knox Creek agent Ernest Matney was not personally liable for inadequate preshift examination and roof-control violations. The Commission reversed in part, holding Matney personally liable for knowingly failing to address readily apparent hazardous roof conditions…
Elmore Sand and Gravel, Inc.
Final assessment reopened after missed contest deadline
Elmore Sand and Gravel's proposed penalty assessment became a final Commission order when it was not contested within 30 days. The company said its safety director was recovering from a head injury and experiencing short-term memory problems. It said he became confused when a later assessment…
M.H. and Department of Commerce, 2010 Decennial Census, Dallas, TX
M.H. (ECAB 12-140): Knee impairment and census pay rate upheld
M.H., a temporary census enumerator, injured her right knee when she stepped in a hole at work. She challenged both her 13 percent leg impairment rating and the weekly pay rate used for her schedule award. The Board found the medical rating followed the applicable impairment guide. It also upheld…
Strack Excavating, LLC
Missed penalty contest reopened after employee error
Strack Excavating's proposed penalty assessment became a final Commission order when no contest was filed within the 30-day deadline. The owner said a newly hired safety coordinator had assured him that she timely contested the assessment, but she did not do so and was later terminated. The…
D.D. and Department of Homeland Security, Border Patrol, Chula Vista, CA
D.D. (ECAB 12-512): Dust exposure did not establish the source of a lung infection
D.D., a Border Patrol seized property specialist, developed a fungal lung infection and attributed it to dust blown from construction next to his work lot. The Board accepted that dust and dirt reached the lot but found no evidence identifying the fungus in that material or establishing the extent…
K.S. and U.S. Postal Service, Main Post Office, Cleveland, OH
K.S. (ECAB 12-497): Reports did not establish a recurrence of total disability
K.S., a postal mail handler, returned to modified work after accepted neck, back, and thoracic disc injuries from a workplace impact. She later stopped working and claimed a recurrence of total disability. The Board found no evidence that her limited-duty job changed or was withdrawn. Her…
I.H. and Department of Homeland Security, Customs & Border Protection, El Paso, TX
I.H. (ECAB 12-423): Impartial testing did not link hearing loss to weapons training
I.H., a federal immigration inspector, alleged hearing loss and tinnitus after a June 22, 2004 weapons qualification course. The Board accepted that the course occurred but found the impartial ear specialist's report entitled to special weight on medical causation. The specialist explained…
P.H. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA
P.H. (ECAB 12-418): Prior shoulder award did not automatically offset a carpal tunnel rating
P.H., a Defense Logistics Agency analyst, had a prior 14 percent left-arm award for a shoulder injury and later developed accepted carpal tunnel syndrome. His physician and OWCP's medical adviser rated the carpal tunnel impairment at seven percent. OWCP denied another award after combining a…
P.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Albuquerque, NM
P.T. (ECAB 12-394): Requested spine surgery was not linked to the accepted sprain
P.T., a Veterans Affairs housekeeping aide, had an accepted lumbar sprain after lifting at work. Two years later he sought authorization for surgery to treat spinal stenosis. The surgeon recommending the procedures did not explain how that condition was caused by the accepted injury. An OWCP…
L.I. and Department of Homeland Security, Transportation Security Administration
L.I. (ECAB 12-356): Repeated medical reports did not reopen the wage-loss claim
L.I., a transportation security officer, had an accepted right shoulder injury and sought wage-loss benefits for a period when he was assigned limited duty. OWCP denied those benefits because the medical evidence did not establish total disability during that period. L.I. sought reconsideration…
J.P. and U.S. Postal Service, Post Office, Glen Ellyn, IL
J.P. (ECAB 12-341): Increased work restriction did not establish a change in wage-earning capacity
J.P., a postal letter carrier with accepted wrist conditions, worked in a modified carrier position. OWCP found that her earnings in that position fairly represented her wage-earning capacity and ended wage-loss compensation. After her physician further restricted casing mail, J.P. sought to change…
R.J. and Federal Judiciary, U.S. Probation Office, Cheyenne, WY
R.J. (ECAB 12-229): Medical evidence did not link later spinal stenosis to accepted back injuries
R.J., a federal judiciary employee, sought compensation for spinal stenosis as a consequence of previously accepted back injuries. His treating surgeon said a herniated disc can accelerate degeneration, but also acknowledged that degeneration can develop with age. The Board found that the surgeon…
A.A. and U.S. Postal Service, Post Office, Detroit, MI
A.A. (ECAB 12-57): Recurrence denial affirmed, separate reconsideration request remanded
A.A., a postal mail handler with accepted left shoulder and elbow conditions, claimed a renewed period of disability after working one day in a modified position. The Board found no reasoned medical opinion showing she could not perform that position beginning December 21, 2010, and no proof that…
United States Department of the Air Force, Joint Base Langley-Eustis, Virginia and National Association of Independent Labor and National Association of Government Employees, SEIU
Joint Base Langley-Eustis and NAIL (FLRA WA-RP-11-0003, WA-RP-11-0004, WA-RP-11-0005): Review of combined bargaining units denied
After the Army's Fort Eustis and the Air Force's Langley base became one joint base, a regional director placed their professional employees in one bargaining unit and their nonprofessional employees in another. The director designated NAGE/SEIU to represent both units because it already…
S.P. and Department of Labor, Division of Energy Employees Occupational Illness Compensation
S.P. (ECAB 12-421): Previously reviewed knee reports did not reopen injury claim
S.P., a former DOL claims examiner, alleged a knee injury after slipping on a stair at work. The Board had previously upheld denial of her claim because the medical evidence did not link her knee condition to that incident. She then requested reconsideration, describing two orthopedic reports as…
T.N. and Department of Homeland Security, Transportation Security Administration
T.N. (ECAB 12-396): Shoulder diagnosis lacked a reasoned link to moving a storage unit
T.N., a transportation security agency program analyst, reported right shoulder pain after helping move a portable storage unit at work. OWCP accepted that the incident happened but denied his injury claim for lack of medical proof of causation. His physician diagnosed shoulder impingement and…
C.R. and Department of Veterans Affairs, Sierra Nevada Healthcare System
C.R. (ECAB 12-392): Accepted fall did not establish a separate knee injury
C.R., a Veterans Affairs education technician, fell at work and had an accepted left fibula fracture. She also sought recognition of a left knee condition. Her medical records showed earlier knee surgery and arthritis, but the Board found no reasoned physician opinion connecting her current knee…
K.R. and Department of Veterans Affairs, West Los Angeles Veterans Hospital
K.R. (ECAB 12-367): Emotional condition claim lacked proof of a compensable work factor
K.R., a Veterans Affairs engineer, attributed anxiety and sleep problems to alleged harassment, retaliation and personnel actions at work. OWCP denied his emotional condition claim for lack of a compensable employment factor. The Board found no evidence of error or abuse in the cited personnel…
C.T. and Office of Personnel Management, Office of Insurance Programs
C.T. (ECAB 12-363): Later disability was not linked to accepted wrist conditions
C.T., a former Office of Personnel Management clerk, had accepted elbow and carpal tunnel conditions from typing work and sought compensation for a later period of disability. Her medical records described additional neck, back and shoulder conditions, as well as intervening injuries. The Board…
S.S. and Department of the Navy, Naval Station Mayport
S.S. (ECAB 12-353): Lung impairment claim returned for a fuller medical rating
S.S., a retired Navy shipbuilding specialist with accepted asbestos-related pulmonary fibrosis, sought a lung impairment award. OWCP denied the award after its medical adviser used one pulmonary test measure to rate the accepted restrictive disease at zero percent. The Board found that the adviser…
M.O. and Department of Homeland Security, U.S. Customs Service
M.O. (ECAB 12-278): Impartial specialists found accepted accident injuries had resolved
M.O., a customs inspector, received compensation for injuries from an on-duty vehicle collision, including contusions, a cervical sprain and postconcussion syndrome. His treating physician disagreed with a second-opinion examiner about whether the accepted conditions still caused disability. OWCP…
B.M. and U.S. Postal Service, Lakeland District-Palatine Office
B.M. (ECAB 12-94): Using the wrong claim file did not prove an overpayment
B.M., a postal employee with accepted back and right arm conditions in separate claim files, received an award for permanent right arm impairment. OWCP later called the $12,659.40 arm payment an overpayment because it had issued the award under a back injury claim file. The Board found no evidence…
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.