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.B. and Department of Homeland Security, Customs & Border Protection, Port of Laredo, Laredo, TX
J.B. (ECAB 11-0405): Knee schedule award claim remanded for medical review
J.B., a customs officer with an accepted right knee injury, sought a schedule award after meniscus surgery. OWCP denied the award for insufficient impairment evidence. The Board found that the surgeon's reports and surgical records required OWCP to ask its medical adviser to assess permanent…
E.L. and Department of the Navy, Mare Island Naval Shipyard, Vallejo, CA
E.L. (ECAB 11-0291): Hearing decision affirmed as modified for nonratable loss
E.L., a former naval shipyard worker, sought a larger schedule award for occupational hearing loss and tinnitus. The Board calculated that his hearing loss was not ratable under the applicable guide. It also found that OWCP had mistakenly granted a three percent award for tinnitus alone, which…
R.M. and Department of Health & Human Services, Indian Health Service, Nashville, TN
R.M. (ECAB 11-0288): Shoulder and back claim remanded for medical development
R.M., an Indian Health Service employee, claimed that a workplace fall aggravated an accepted left shoulder condition and caused a back condition. OWCP denied the claim. The Board found her physician's reports insufficient to prove causation but sufficient to raise an uncontradicted inference of a…
R.H. and U.S. Postal Service, Post Office, Danville, KY
R.H. (ECAB 11-0184): Mail cart injury claim denial affirmed
R.H., a postal clerk, reported right hip pain after pushing a mail cart and collecting mail. OWCP accepted that the workplace incident occurred but found the medical evidence insufficient to connect it to a hip injury. The Board noted that the main physician's report gave a different injury date…
J.T. and U.S. Postal Service, South Jersey Performance & Distribution Center, Bellmawr, NJ
J.T. (ECAB 11-0183): Seven percent arm impairment award affirmed
J.T., a postal mail handler, sought more than the seven percent right arm impairment award he had received. The Board found that OWCP properly used the sixth edition of the A.M.A. Guides because that edition applied when it made the award decision. The medical rating supported seven percent…
M.G. and Department of the Interior, Bureau of Reclamation, Fresno, CA
M.G. (ECAB 11-0179): Knee injury claim denial affirmed for lack of causation
M.G., a Bureau of Reclamation worker, claimed that stair climbing and other work duties caused or aggravated a left knee condition. OWCP accepted that he performed the duties, but he had a preexisting knee condition and prior surgery. His physicians did not explain how the specific work activities…
R.M. and U.S. Postal Service, Processing & Distribution Center, Seattle, WA
R.M. (ECAB 11-0169): Urinary condition consequential injury denial affirmed
R.M., a postal motor vehicle operator, claimed that urinary incontinence resulted from an accepted injury or later knee surgery. His treating physician suggested several possible causes, including the surgery's anesthesia, but did not give a reasoned explanation linking it to the condition. A…
P.M. and U.S. Postal Service, Post Office, Charleston, WV
P.M. (ECAB 11-0160): Hand claim reconsideration denial affirmed
P.M., a postal letter carrier, sought reconsideration of a denied bilateral hand and wrist arthritis claim. The Board could review only OWCP's refusal to reopen because the earlier merits decision was outside its appeal period. P.M. repeated his view that years of repetitive work caused the…
F.K. and U.S. Postal Service, Post Office, Lakeland, FL
F.K. (ECAB 11-0141): Disability recurrence denial reversed after light duty withdrawal
F.K., a postal rural carrier with accepted abdominal and bladder conditions, lost a light duty assignment that accommodated her work restrictions. OWCP denied her recurrence claim, reasoning that the restrictions no longer stemmed from the accepted injuries. The Board found that the assignment had…
J.F. and U.S. Postal Service, Main Post Office, LaGrange, OH
J.F. (ECAB 11-0119): Intermittent disability compensation denial affirmed
J.F., a postal clerk with accepted neck and shoulder conditions, sought compensation for intermittent absences from May to July 2009. His physician described treatment and other conditions but did not explain how the accepted injuries caused disability on the claimed dates. Hospital records…
J.R. and Department of the Army, U.S. Army Installation Management Agency, APO, AE
J.R. (ECAB 11-0095): Back injury and written review denials affirmed
J.R., an Army employee, reported a back injury after moving boxes at work. The Board found that his medical reports did not explain how the accepted incident caused the diagnosed condition. His request for review of the written record was late, and OWCP reasonably declined discretionary review. The…
R.B. and U.S. Postal Service, Post Office, Rigby, ID
R.B. (ECAB 11-0089): Overpayment waiver denial affirmed
R.B., a postal employee, sought waiver of recovery of a $147,346.75 compensation overpayment. The Board had already upheld the overpayment and returned the waiver issue to OWCP. His reported income exceeded necessary expenses by more than the allowed margin, and his assets exceeded the resource…
P.C. and U.S. Postal Service, Network Distribution Center, Springfield, MA
P.C. (ECAB 11-0040): Shoulder occupational disease denial affirmed
P.C., a postal flat sorter clerk, claimed that feeding and clearing a mail sorting machine caused left shoulder calcific tendinitis. The Board accepted the work activities and diagnosis. Her medical reports, including those signed by a physician, did not explain how the specific tasks caused or…
Buena Vista Rancheria Wastewater Treatment Plant (Casino)
In re Buena Vista Rancheria Wastewater Treatment Plant (Casino) (EAB NPDES Appeal Nos. 10-05, 10-06, 10-07, and 10-13): NPDES permit review denied
EPA Region 9 issued an NPDES permit for the Buena Vista Rancheria of Me-Wuk Indians to operate a wastewater treatment plant serving the Buena Vista Casino in California. Four petitioners challenged the permit, raising issues about EPA's jurisdiction, wastewater flow calculations, effluent limits…
L.K. and U.S. Postal Service, Post Office, Sequim, WA
L.K. (ECAB 11-1393): Oral argument granted in suitable work appeal
L.K., a postal employee, appealed OWCP's termination of benefits for refusing an offered position. She requested oral argument to address whether OWCP had properly instructed her about evidence of the position's suitability. The Board found the request timely and granted oral argument in its…
D.L. and Department of the Navy, Military Sealift Command Afloat Personnel Management Center, Norfolk, VA
D.L. (ECAB 11-0370): Late reconsideration request denial affirmed
D.L., a Navy employee, sought reconsideration of a denied claim for work related conditions. His request came more than a year after the most recent merits decision. The Board found that his repeated arguments and medical submissions did not show clear evidence of error under the rule for late…
S.S. and U.S. Postal Service, Post Office, Greensboro, NC
S.S. (ECAB 11-0354): Tow pin injury claim denial affirmed
S.S., a postal worker, reported neck and arm problems after pulling tow pins at work. OWCP accepted that the incident occurred. The Board found that the medical reports did not explain how it caused the diagnosed conditions, and some lacked an accurate work history. It affirmed the claim denial…
L.W. and U.S. Postal Service, Post Office, Omaha, NE
L.W. (ECAB 11-0331): Knee claim reconsideration denial affirmed
L.W., a postal employee, sought reconsideration of a denied knee claim. The Board could review only OWCP's refusal to reopen, not the earlier merits decision. His assertions about when he learned the knee condition was work related had already been considered, and his other arguments did not…
G.A. and Department of the Air Force, Civil Engineer Squadron, Fairchild Air Force Base, WA
G.A. (ECAB 11-0274): Thirteen percent hearing award affirmed
G.A., an Air Force employee, sought a larger award for occupational hearing loss. The Board found that the audiogram supported 13 percent impairment of the left ear and no ratable right ear impairment. A left ear award yielded more compensation than the calculated binaural award, so OWCP used the…
L.S. and Department of the Army, Human Resources Command, St. Louis, MO
L.S. (ECAB 11-0248): Bilateral arm award remanded for impartial examination
L.S., an Army employee with accepted bilateral carpal tunnel syndrome, disputed the extent of her arm impairment awards. Her physician and OWCP's medical adviser gave conflicting ratings under the applicable impairment guide. The Board found their opinions of equal weight and ordered an impartial…
P.G. and U.S. Postal Service, General Mail Facility, Newburgh, NY
P.G. (ECAB 11-0223): Mail tray injury denial remanded for medical development
P.G., a postal employee, reported neck and shoulder pain after lifting a full tray of mail. OWCP accepted that the lifting incident occurred but denied the injury claim. The Board found her physician's opinion linking a cervical disc herniation to the incident supportive but not fully explained. It…
P.J. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
P.J. (ECAB 11-0200): Emotional condition claim denial affirmed
P.J., an Army employee, linked emotional symptoms to an investigation and proposed removal from her job. The Board found those personnel actions were administrative matters, and the record did not show error or abuse that would make them compensable employment factors. Concern about coworker gossip…
R.W. and U.S. Postal Service, Post Office, Cleveland, OH
R.W. (ECAB 11-0104): Leg impairment claim remanded for impartial examination
R.W., a postal worker with an accepted right leg injury, sought a schedule award. A government physician found no permanent leg impairment, while R.W.'s physician found substantial impairment. The Board found that their conflicting clinical findings required an impartial medical examiner. It set…
J.D. and Department of Homeland Security, Customs & Border Protection, San Diego, CA
J.D. (ECAB 11-0102): Arm award remanded for clearer impairment rating
J.D., a customs employee, sought a larger right arm impairment award after accepted shoulder, wrist and neck injuries. His physician used the wrong edition of the impairment guide and rated whole person impairment, which FECA does not award. OWCP's medical adviser also failed to explain the grade…
D.C. and U.S. Postal Service, Post Office, Washington, DC
D.C. (ECAB 11-0093): Shoulder occupational disease denial affirmed
D.C., a postal employee, claimed that writing and a cold workplace caused a right shoulder condition. Her physician supported a work connection, while an OWCP physician attributed the condition to aging. The Board found that an impartial examiner resolved that conflict against a work connection. It…
G.A. and Department of the Army, U.S. Army Installation Management Agency, Fort Drum, NY
G.A. (ECAB 11-0044): Hearing award reconsideration denials reversed
G.A., an Army employee, sought reconsideration of a hearing loss schedule award after the ordinary filing period. The Board found clear evidence of error because the audiogram used for the award lacked verification of the audiometer's calibration date. OWCP should have reopened the claim despite…
L.K. and Department of Agriculture, Meat & Poultry Inspection Service, Philadelphia, PA
L.K. (ECAB 11-0041): Wage and medical benefits termination affirmed
L.K., a federal meat and poultry inspection employee, challenged termination of compensation for an accepted injury. OWCP relied on an impartial examiner who found no continuing work related disability or residual condition. The Board gave that opinion special weight and found the later treating…
S.W. and U.S. Postal Service, Express Mail Unit, Los Angeles, CA
S.W. (ECAB 11-0003): Further arm impairment award denied
S.W., a postal employee, had already received an award for 59 percent right arm impairment and sought more. A new medical examination yielded a lower rating even when the shoulder, wrist and carpal tunnel findings were considered together. The Board found no medical basis for an award above the…
K.B. and Department of Homeland Security, Customs & Border Protection, Laguna Niguel, CA
K.B. (ECAB 10-1155): Disability recurrence denial affirmed
K.B., a customs employee with accepted back and foot injuries, claimed total disability after leaving a light duty position. He did not show that the position's duties changed or exceeded his restrictions, and he submitted no medical evidence that the accepted conditions had worsened. The Board…
Pinnacle Mining Company
Mine-control order upheld after suspected gob fire
Pinnacle detected elevated carbon monoxide in an inaccessible longwall gob at its gassy underground coal mine, withdrew miners, and later challenged MSHA's section 103(k) control order and refusal to approve its re-ventilation plan. Judge Thomas P. McCarthy credited MSHA's expert and found it more…
Dynamic Energy, Inc.
Three equipment violations upheld and $38,000 assessed
MSHA cited Dynamic Energy for a highwall drill with defective ladder steps and head guides, a portal bus with defective brakes, exhaust, steering, and accelerator systems, and a front-end loader with unsafe tire and equipment conditions. Judge Alan G. Paez found all three violations significant and…
Peabody Western Coal Company
In re Peabody Western Coal Company (EAB NPDES Appeal Nos. 10-15 and 10-16): review denied
Peabody Western Coal Company received an EPA Region 9 NPDES renewal permit for discharges from its Black Mesa Complex on the Hopi and Navajo reservations. The petitioners challenged the permit under the Clean Water Act, NEPA, the Endangered Species Act, and permit procedures. The EAB rejected…
American Federation of Government Employees, Local 400 (Union) and United States Department of the Army, Headquarters, 10th Mountain Division-Light Infantry, Fort Drum, New York (Agency)
AFGE Local 400 and Army Fort Drum (FLRA 0-NG-3080): Personal handgun reimbursement proposal dismissed
AFGE Local 400 proposed that the Army reimburse civilian police and security employees for the cost of a personal handgun, permit fees, and annual ammunition purchases for off-duty use. The union said the employees faced risks outside work because of their jobs. The Authority found no direct…
United States Department of Veterans Affairs, Central Texas Veterans Health Care System, Temple, Texas (Agency) and American Federation of Government Employees, Local 2109 (Union)
VA Central Texas and AFGE Local 2109 (FLRA 0-AR-4740): Overtime award stands
Nurse practitioners and physician assistants at VA's Central Texas health system said they worked overtime without pay. An arbitrator found that VA had failed to pay overtime and keep complete records, and awarded compensation based on 50.25 hours for each month worked in the relevant clinic, for…
United States Department of Defense, Defense Contract Management Agency (Agency) and American Federation of Government Employees, Council 170 (Union)
Defense Contract Management Agency and AFGE Council 170 (FLRA 0-AR-4587): Reassignment awards upheld
The Defense Contract Management Agency used small team pools when choosing employees for voluntary and directed reassignments during a workforce reshaping. An arbitrator found that the agency bypassed negotiated seniority protections and ordered the parties to reconstruct the selection process…
American Federation of Government Employees, Local 1164 (Union) and Social Security Administration, Region 1 (Agency)
AFGE Local 1164 and Social Security Administration (FLRA 0-AR-4539): Reprimand for sharing private records upheld
A Social Security Administration employee who also served as a union steward sent grievance materials containing unredacted personal information to agency and union recipients. The agency reprimanded him, and an arbitrator upheld the reprimand because the recipients did not need the protected…
American Federation of Government Employees, Local 3911 (Union) and United States Environmental Protection Agency, Region 2 (Agency)
AFGE Local 3911 and EPA Region 2 (FLRA 0-AR-4521): Two-day suspension upheld
EPA Region 2 suspended an employee for two days after disputes about access to official records and her interactions with supervisors and coworkers. An arbitrator found just cause for the suspension under the labor agreement, although some alleged conduct was not proved. The Authority found the…
United States Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Guaynabo, San Juan, Puerto Rico (Agency) and American Federation of Government Employees, Council of Prison Locals C-33, Local 4052 (Union)
Bureau of Prisons Guaynabo and AFGE Local 4052 (FLRA 0-AR-4228): Home leave remedy remanded
Employees at a federal detention center in Puerto Rico challenged differences in home leave, post exchange access, and Department of Defense school access. An arbitrator found several violations and awarded leave, reimbursements, and damages. The Authority left the rulings on exchange and school…
Social Security Administration, Indianapolis, Indiana (Agency) and American Federation of Government Employees (Union)
Social Security Administration Indianapolis and AFGE (FLRA 0-AR-4041): Leave grievance remedy remanded
An arbitrator found that the Social Security Administration's Indianapolis office violated its labor agreement when it denied an employee's request for annual leave after a federal holiday without supporting its reduced leave allowance. The Authority rejected the agency's arguments that the finding…
Ford Motor Company – Buffalo Stamping Plant
Crane-inspection dispute remanded for factfinding
OSHA issued Ford's Buffalo Stamping Plant a willful citation alleging that unsafe crane conditions were not corrected before operation resumed. The administrative law judge granted summary judgment to Ford and vacated the citation. The Commission found genuine factual disputes over what Ford's…
United States Department of Defense, Defense Logistics Agency (Agency) and American Federation of Government Employees, Local 916 (Union)
Defense Logistics Agency and AFGE Local 916 (FLRA 0-AR-4203): Warehouse relocation award upheld
The Defense Logistics Agency moved three employees between warehouses without using the notice and seniority steps it had previously followed. An arbitrator found that this established practice remained part of the parties' agreement, ordered the employees made whole, and directed their return to…
Excel Mining, LLC
Motion to limit discovery denied for rule and factual errors
The Secretary sought to limit Excel Mining's discovery in a case involving five citations and $11,158 in proposed penalties. Judge Alan G. Paez denied the motion because the Secretary had not conferred with Excel or stated its opposition as Commission Rule 10(c) required. He also identified factual…
Secretary of Labor on behalf of Lige Williamson v. CAM Mining, LLC
Discrimination claim dismissed
Lige Williamson alleged that CAM Mining harassed and fired him after he raised a ventilation concern and said he wanted to speak with MSHA. Judge Alan G. Paez found that Williamson's statement about contacting MSHA was protected activity, but the discipline had escalated before that statement and…
WA Mining, Inc.
Reopening denied for inadequate assessment controls
WA Mining said its bookkeeper faxed a proposed assessment to the company's representative during severe weather and power outages, but the fax was never received. Neither fax machine kept a transmission log, and no one confirmed that the representative received or handled the assessment. The…
DMC Mining Services
Final assessment reopened
DMC Mining Services asked the Commission to reopen a penalty assessment that had become final after no timely contest. The Secretary did not oppose the request. After reviewing the request and the circumstances, the Commission reopened the assessment and remanded the matter to the Chief…
Michael R. Taylor
Individual assessment not final after failed delivery
MSHA assessed an individual penalty against Michael Taylor under section 110(c) but mailed it to an address different from the work and home addresses he had provided. The certified mailing was returned undelivered, and Taylor learned of the assessment only when MSHA contacted his lawyer. He filed…
United States Department of Homeland Security, U.S. Customs and Border Protection, Swanton, Vermont (Respondent) and American Federation of Government Employees, AFL-CIO, Local 2774, National Border Patrol Council (Charging Party/Union)
Border Patrol Swanton and AFGE Local 2774 (FLRA BN-CA-09-0171): Nationwide notice order unchanged
The Authority had found that Customs and Border Protection failed to comply with a binding arbitration award requiring an employee's reinstatement to Border Patrol Agent duties. It ordered a nationwide notice signed by the Chief of the Border Patrol. The agency sought reconsideration, arguing that…
F.L. and Department of Commerce, Census Bureau, Utica, NY
F.L. (ECAB 11-0424): Benefits termination reversed over flawed impartial referral
F.L., a Census Bureau employee, lost wage loss benefits after OWCP relied on an impartial orthopedic examiner's opinion. The record did not show that the examiner held the required certification or special qualifications, or how OWCP selected him. The Board found the referral inconsistent with…
P.G. and U.S. Postal Service, Post Office, Canfield, OH
P.G. (ECAB 10-2207): Vocational rehabilitation compensation cut reversed
P.G., a postal employee, cooperated with vocational testing that found competitive placement unrealistic. After she declined direct placement services and sought retirement, OWCP treated her actions as obstruction and cut compensation to zero. The Board found that OWCP had not explained how…
R.B. and Department of Housing & Urban Development, Office of the Inspector General, Los Angeles, CA
R.B. (ECAB 10-1687): Suitable work benefits termination reversed for defective notice
R.B., a HUD special agent with an accepted back strain, stopped work soon after trying an offered administrative position. He told OWCP that his physical condition prevented him from completing the first day. OWCP terminated benefits without first telling him that explanation was unacceptable and…
United States Department of Veterans Affairs, Medical Center, Northport, New York (Agency) and American Federation of Government Employees, Local 387 (Union)
VA Northport Medical Center and AFGE Local 387 (FLRA 0-AR-4180): Four-firefighter staffing award upheld
The VA medical center in Northport reduced fire department staffing from four to three firefighters per shift. An arbitrator found that the reduction violated the parties' safety agreement and ordered the center to restore four-person staffing. The agency argued that sprinklers, mutual aid, and…
L.H. and U.S. Postal Service, Post Office, Pembroke Pines, FL
L.H. (ECAB 11-0282): Consequential injury claim remanded for omitted report
L.H., a postal employee, sought compensation for claimed consequential back, neck and thoracic outlet conditions. OWCP denied modification without discussing a five page physician report it had received before its decision. The Board found that OWCP had to consider all timely submitted evidence. It…
United States Department of Justice, Federal Bureau of Prisons, USP Administrative Maximum (ADX), Florence, Colorado (Agency) and American Federation of Government Employees, Local 1302, Council of Prison Locals (Union)
Bureau of Prisons ADX Florence and AFGE Local 1302 (FLRA 0-AR-4612): Counsel's fee exceptions dismissed
After an overtime grievance involving prison employees, an arbitrator awarded the union's counsel $25,090 in attorney fees, less than counsel requested. Counsel filed exceptions seeking more. The Authority asked counsel to show that he was authorized to file on behalf of the union because the…
United States Department of Veterans Affairs, Regional Office, Winston-Salem, North Carolina (Agency) and American Federation of Government Employees, Local 1738 (Union)
VA Winston-Salem Regional Office and AFGE Local 1738 (FLRA 0-AR-4501): Higher pay step award upheld
A VA Veterans Service Representative was promoted to GS-9, Step 5 after being hired at GS-7, Step 10 based on her earlier federal pay. An arbitrator found that the agency had misapplied its highest previous rate procedures and ordered GS-9, Step 10 pay and backpay for the period of her GS-9…
American Federation of Government Employees, Local 1923 (Union) and Social Security Administration, Baltimore, Maryland (Agency)
AFGE Local 1923 and Social Security Administration (FLRA 0-AR-4496): Attorney-fee request remanded
An arbitrator reduced a Social Security Administration employee's five-day suspension to a reprimand and awarded backpay, but denied the union's request for attorney fees. The Authority held that fees were warranted in the interest of justice because the arbitrator reduced the penalty based on the…
United States Department of Homeland Security, Immigration and Customs Enforcement (Agency) and American Federation of Government Employees, National Immigration and Naturalization Service Council (Union)
ICE and AFGE National Immigration and Naturalization Service Council (FLRA 0-AR-4468): Meal-period overtime award modified
Immigration and Customs Enforcement challenged awards that granted law enforcement officers additional overtime pay for work during meal periods, granted one claimant 2,361 overtime hours, and required the agency to pay a union witness's travel expenses. The Authority held that the officers'…
International Federation of Professional and Technical Engineers, Local 386 (Union) and United States Department of the Army, United States Army Corps of Engineers, Tulsa District (Agency)
IFPTE Local 386 and Army Corps Tulsa District (FLRA 0-AR-4372): Overtime grievance remains untimely
IFPTE Local 386 grieved the Army Corps Tulsa District's past treatment of some employees as exempt from overtime pay under the Fair Labor Standards Act. The arbitrator found that the union filed the grievance after the labor agreement's 30-day deadline and had not shown unpaid overtime within the…
Nally & Hamilton Enterprises, Inc.
Reconsideration and stay denied
The Commission had reversed an ALJ decision that vacated a citation issued to Nally & Hamilton Enterprises. The company petitioned for reconsideration and asked the Commission to stay the effect of that decision. After considering the petition, the Commission denied both reconsideration and a stay.
J.F. and Department of Defense, U.S. Army Corps of Engineers, Bridgeport, WA
J.F. (ECAB 11-0280): Occupational hearing loss claim denial affirmed
J.F., an Army Corps power plant mechanic, claimed occupational hearing loss. OWCP asked him for a statement identifying the relevant work exposure and for medical evidence of diagnosis and causation. He did not provide the requested factual or medical support. The Board affirmed the claim denial.
S.G. and U.S. Postal Service, Post Office, Pittsburgh, PA
S.G. (ECAB 10-2377): Overpayment affirmed but waiver review remanded
S.G., a postal employee, received $1,417.44 too much compensation because OWCP used a 40 hour pay rate instead of her 35 hour rate. The Board affirmed that amount. OWCP denied waiver using pay records that S.G. said overstated her earnings, but it did not resolve her explanation or assess her…
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.