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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D.O. and Department of Transportation, Federal Aviation Administration, Hampton, GA
D.O. (ECAB 10-1727): Earning capacity modification request returned
D.O., an FAA employee, asked OWCP to modify an earlier wage-earning capacity determination. He challenged a determination based on a studio cameraman job, arguing that he had not worked as a photographer and that his accepted conditions had changed. OWCP treated the request as ordinary…
K.O. and Tennessee Valley Authority, Browns Ferry Nuclear Power, Decatur, AL
K.O. (ECAB 10-1561): Hearing loss too small for schedule award
K.O., a Tennessee Valley Authority fire protection foreman, had a mild high-frequency hearing loss linked to workplace noise. An OWCP medical adviser applied the standard audiogram calculation and found zero percent ratable loss in each ear. The Board agreed that the calculation yielded no…
E.D. and U.S. Postal Service, Post Office, Washington, DC
E.D. (ECAB 10-1488): Reopening request for knee claim denied
E.D., a postal employee, sought reconsideration of a denied occupational claim involving both knees. The new medical material did not address whether work caused the knee conditions, and other documents repeated evidence already in the file or concerned different conditions. The Board found no…
P.M. and Department of the Navy, Naval Aviation Depot, Alameda, CA
P.M. (ECAB 10-1460): Overpayment established, amount returned for calculation
P.M., a former Navy employee, received FECA compensation while also receiving Social Security benefits attributable to federal service. The Board agreed that the overlap created a prohibited dual benefit and an overpayment. OWCP had not adequately documented or explained the claimed $10,150.47…
L.L. and U.S. Postal Service, FDR Post Office, Lenox Hill Station, New York, NY
L.L. (ECAB 10-1419): Reopening request for foot disability claim denied
L.L., a postal employee, asked OWCP to reconsider a denied recurrence of disability involving foot conditions. She argued that the matter should have been treated as a new occupational claim. The Board found that her submission did not identify new work factors or provide relevant new evidence on…
A.N. and Department of Homeland Security, Transportation Security Administration, San Diego, CA
A.N. (ECAB 10-1411): Post-termination residuals not established
A.N., a TSA employee, had accepted neck, back, shoulder, and hip conditions. OWCP terminated benefits in February 2006 after an impartial physician found no continuing work-related residuals. She later sought compensation for residuals after that date, including a claimed consequential shoulder…
R.W. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN
R.W. (ECAB 10-1320): Back injury denial upheld after merits review
R.W., an Army Corps materials handler, claimed a back injury after lifting copier paper at work on June 23, 2009. OWCP accepted the event but characterized its later decision as denying reconsideration, even though it analyzed new medical evidence on the merits. The Board treated that ruling as a…
Y.K. and Department of Veterans Affairs, North Texas Health Care System, Dallas, TX
Y.K. (ECAB 10-1296): Medical appointment wage loss denied
Y.K., a VA employee, sought compensation for time away from work to attend four medical appointments in July 2009. The record before OWCP lacked documents confirming the appointments and the hours of work missed. She sent additional proof with her Board appeal, but the Board could not consider…
F.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
F.H. (ECAB 10-1267): Benefit termination reversed, emotional claim denied
F.H., a VA employee, challenged termination of benefits for accepted neck and back injuries and sought acceptance of a consequential emotional condition. OWCP used a physician as an impartial examiner even though he practiced with the earlier OWCP referral physician. The Board found that…
Chemson Inc.
In re Chemson Inc. (EAB TSCA Docket No. TSCA-HQ-2011-5003): penalty paid and case resolved
The EPA alleged that Chemson Inc. violated section 8(a) of the Toxic Substances Control Act. EPA proposed a civil penalty of $260,872. Chemson paid the full proposed penalty, which provided a quick resolution under the Consolidated Rules of Practice. The Environmental Appeals Board issued a Final…
Matter of Khanh Hoang VO
Attempt offenses can qualify as crimes involving moral turpitude
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Vietnamese lawful permanent resident. The Board held that when the substantive offense underlying an attempt conviction is a crime involving moral turpitude, the…
J.W. and U.S. Postal Service, Post Office, Tampa, FL
J.W. (ECAB 10-1811): Late reconsideration request denied
J.W., a postal employee, requested reconsideration more than a year after OWCP's most recent merits decision. She submitted medical material and argued that her condition affected her earlier response to a suitable work offer. The Board found that the request was late and the submission did not…
J.K. and U.S. Postal Service, Post Office, Ravenna, OH
J.K. (ECAB 10-1524): Mailbag-related back claim denied
J.K., a postal employee, said carrying a heavier than usual mailbag on July 6, 2009 caused a low back condition. OWCP accepted the event. Her physician described back symptoms, diagnoses, and work restrictions but did not explain how the mailbag incident caused or aggravated the conditions. The…
M.J. and Department of Defense, National Geospatial-Intelligence Agency, Bethesda, MD
M.J. (ECAB 10-1485): Wage-loss overpayment and fault upheld
M.J., a Defense Department employee, returned to work at regular wages on February 16, 2010 but continued receiving wage-loss compensation through March 13. The Board upheld OWCP's $2,813.59 overpayment calculation for that period. She argued that OWCP knew she had returned and that she thought the…
T.T. and U.S. Postal Service, Processing & Distribution Facility, Eugene, OR
T.T. (ECAB 10-1443): Wage-loss termination reversed
T.T., a postal employee, challenged termination of wage-loss compensation for accepted conditions. OWCP relied on a referral physician who changed his work-capacity opinion after reviewing an investigative video and a statement of accepted facts. The statement omitted an accepted shoulder condition…
J.J. and Department of the Army, National Guard Bureau, Sacramento, CA
J.J. (ECAB 10-1379): Earning capacity modification request returned
J.J., a National Guard Bureau employee, asked OWCP to reverse a compensation reduction based on a constructed budget officer job. OWCP treated the request as late reconsideration. The Board found that his submission sought modification of the earlier wage-earning capacity determination and included…
P.S. and U.S. Postal Service, Post Office, Grand Rapids, MI
P.S. (ECAB 10-1315): Occupational back claim denied
P.S., a postal distribution clerk, linked a low back condition to bending, twisting, lifting, and standing at work. OWCP accepted that he performed those duties. The Board found that his physician's reports used uncertain language, contained inconsistent descriptions of imaging, and did not explain…
H.C. and U.S. Postal Service, Post Office, San Juan, PR
H.C. (ECAB 10-1233): Back disability recurrence denied
H.C., a postal letter box mechanic, had an accepted low back injury and later claimed renewed disability after returning to light duty. His physician listed numerous conditions and said he was disabled, but did not explain how the accepted back injury caused the claimed total disability. H.C. also…
M.C. and Department of Justice, Bureau of Prisons, U.S. Penitentiary Canaan, Waymart, PA
M.C. (ECAB 10-1196): Leave buy back for ankle surgeries denied
M.C., a federal correctional employee, had an accepted right ankle strain and sought to buy back leave used during a period of ankle surgery. His physician linked surgery to arthritis and other ankle conditions that OWCP had not accepted. The Board found no reasoned explanation connecting the…
L.C. and U.S. Postal Service, Post Office, Rochester, NY
L.C. (ECAB 10-0827): Earning capacity modification request returned
L.C., a postal employee, asked OWCP to reconsider an earlier wage-earning capacity ruling, arguing that it had mishandled the medical evidence. OWCP rejected the request as late. The Board held that the substance of the request sought modification of the earning capacity determination, for which…
L.V. and U.S. Postal Service, Post Office, Pittsburgh, PA
L.V. (ECAB 10-1808): Foot claim returned for review of new medical report
L.V., a letter carrier, sought reconsideration of a denied claim involving Achilles tendon conditions. A podiatrist's new report discussed how delivering mail and carrying a mailbag affected the diagnosed conditions. OWCP refused to reopen without reviewing that report. The Board directed OWCP to…
R.C. and U.S. Postal Service, Main Post Office, Torrington, CT
R.C. (ECAB 10-1802): Abandoned hearing request upheld
R.C., a postal letter carrier, requested an oral hearing in his compensation case. OWCP mailed notice more than 30 days before the scheduled telephone hearing. He did not call, request postponement, or explain the absence within ten days. The Board found the hearing request abandoned and upheld…
Heff's Tuckpointing
Residential roof fall-protection violation affirmed
Heff's employee worked on a steep residential roof about eleven feet above the ground while removing bricks from a chimney without conventional fall protection. The judge found that the nearby scaffold did not reliably prevent a fall and that Heff's had not shown anchors, guardrails, or other…
B.B. and General Services Administration, Federal Protection & Safety Division, Washington, DC
B.B. (ECAB 10-1588): Back disability recurrence denied
B.B., a former GSA crime prevention specialist, had an accepted lumbar strain from earlier work injuries. She claimed a recurrence of disability in 2009. Her physician described current back pain but did not explain its connection to the accepted injuries or address the intervening medical history…
J.L. and Department of Justice, Executive Office for Immigration Review, Falls Church, VA
J.L. (ECAB 10-1486): Shoulder injury and reopening request denied
J.L., a Justice Department employee, felt right shoulder pain while reaching for a case file at work. OWCP accepted that the event occurred, but she submitted no medical report establishing a diagnosed injury and its cause before the denial. Her later reconsideration request referred to a medical…
T.P. and Department of Health & Human Services, Social Security Administration, Philadelphia, PA
T.P. (ECAB 10-1307): Knee aggravation claim denied
T.P., a Social Security Administration employee, fell at work on February 26, 2009 and said the fall worsened preexisting knee arthritis and hastened surgery. OWCP accepted the fall. The Board found that her physicians did not explain how its mechanism aggravated the knee disease or created a need…
J.F. and U.S. Postal Service, Post Office, Levittown, PA
J.F. (ECAB 10-1298): Schedule award overpayment returned for development
J.F., a postal employee, had received upper extremity schedule awards related to an accepted condition. OWCP later treated those awards as erroneous and asserted a $2,183.09 overpayment. The Board found an unresolved medical conflict about permanent impairment and held that OWCP had not established…
L.J. and Department of Defense, Defense Distribution Depot Norfolk, Fort Belvoir, VA
L.J. (ECAB 10-1263): Leg and arm impairment ratings returned
L.J., a Defense Department employee, sought larger awards for right leg and both arm impairments. OWCP's medical adviser did not adequately explain the impairment classes and modifiers used or identify sufficient medical findings for the arm ratings. The Board also found that the method for rating…
M.S. and Department of the Army, Medical Command, Fort Dix, NJ
M.S. (ECAB 10-1083): Reopening request after benefit termination denied
M.S., a former Army medical clerk, requested reconsideration after OWCP terminated benefits related to an earlier work injury. She asserted that residuals continued and alleged bias by examining physicians. The Board found no new relevant medical evidence or support for the allegations, and a…
Diversified Maintenance Systems
Medical-response planning citation vacated
OSHA cited Diversified Maintenance because its only onsite employee's first-aid and CPR certifications had expired. The judge held that OSHA cited the planning requirement in § 1926.50(b), not the separate certification requirement in § 1926.50(c). Before work began, the company had identified an…
V.L. and Department of the Navy, Headquarters, Norfolk, VA
V.L. (ECAB 10-0328): Benefit termination upheld, later residuals returned
V.L., a Navy employee, had an accepted multiple chemical sensitivities condition after workplace exposure. The Board found a reasoned 2004 medical opinion supported OWCP's termination of benefits effective July 11, 2004. Later medical evidence, however, created a conflict about whether work-related…
Vulcan Construction Materials, LP
In re Vulcan Construction Materials, LP (EAB PSD Appeal No. 10-11): permit remanded for PM2.5, monitoring, and margin analysis
The Illinois Environmental Protection Agency issued Vulcan Construction Materials, LP a PSD permit for renewed operation of a lime manufacturing plant in Manteno, Illinois. The Sierra Club challenged the permit's particulate-matter limits, preconstruction monitoring, NOx and carbon-monoxide limits…
R.F. and Department of the Air Force, Tinker Air Force Base, OK
R.F. (ECAB 10-1770): Hearing loss claim returned for medical clarification
R.F., a retired Air Force machinist, attributed hearing loss to years of workplace noise. OWCP's second opinion physician acknowledged sufficient noise exposure but did not explain why age rather than work caused the loss. A medical adviser then relied on an inaccurate account of that opinion. The…
R.H. and Department of Defense, Sharpe Depot, Stockton, CA
R.H. (ECAB 10-1738): Earning capacity modification denied
R.H., a former Defense Department woodworker, sought to modify a 1994 wage-earning capacity ruling based on worsening back problems. His physician said later spinal changes could naturally follow earlier surgery but did not explain why this happened in R.H.'s case or address other possible causes…
B.R. and Department of the Air Force, Tinker Air Force Base, OK
B.R. (ECAB 10-1728): Continuing knee disability not established
B.R., an Air Force employee, sought compensation for disability continuing after April 4, 2006 from an accepted right knee injury. A later x-ray did not address work capacity, and a physician's form report did not explain why the old injury still disabled him. The Board found no reasoned medical…
W.S. and U.S. Postal Service, Post Office, Lansing, MI
W.S. (ECAB 10-1550): Finger and wrist claim returned for medical development
W.S., a postal clerk, claimed right index finger and upper extremity conditions from repetitive work. His physician described scanning and sorting duties and generally supported a work connection, though the explanation was incomplete. The Board found that OWCP had treated the job description as…
N.C. and Department of Health & Human Services, National Institutes of Environmental Health Services, Research Triangle Park, NC
N.C. (ECAB 10-1444): Upper extremity disability recurrence denied
N.C., a federal writer and editor, stopped modified work and claimed total disability from accepted wrist and carpal tunnel conditions. The Board found no reasoned medical report explaining why the accepted conditions prevented the modified job. The record also did not substantiate that the…
R.D. and Department of the Army, Anniston Army Depot, Anniston, AL
R.D. (ECAB 10-1385): Shoulder injury and reopening request denied
R.D., an Army depot employee, claimed a left shoulder injury from an October 26, 2009 work event. The Board found that the medical evidence did not explain how that event caused the shoulder condition. His reconsideration submission repeated earlier records or addressed a different event in April…
J.F. and Smithsonian Institution, National Zoological Park, Washington, DC
J.F. (ECAB 10-1217): Back injury denial upheld, merits review ordered
J.F., a Smithsonian employee, claimed a back injury while digging a yard hydrant. The Board found the medical reports before OWCP's first decision insufficient to explain how the event caused the diagnosed condition and affirmed that denial. He later submitted a new medical report and MRI findings…
J.B. and U.S. Postal Service, Post Office, Richmond, VA
J.B. (ECAB 10-1216): Arm impairment ratings upheld
J.B., a postal employee, sought larger schedule awards for both upper extremities. The Board reviewed medical ratings for shoulder, elbow, wrist, and carpal tunnel conditions under the applicable impairment guide. The supported right arm rating did not exceed the 23 percent already awarded, and the…
W.S. and Department of the Army, Red River Army Depot, Texarkana, TX
W.S. (ECAB 10-0891): Earning capacity reduction reversed
W.S., an Army depot employee, returned to a part-time clerk job after an accepted injury. OWCP reduced wage-loss compensation based on the job's actual earnings, saying he had worked more than 60 days. The Board calculated that he had worked only 59 days when OWCP made its determination. Because…
Big Ridge, Inc.
Eight contested violations affirmed, electrical-exam citation vacated
Big Ridge faced 78 alleged violations across four dockets at its Willow Lake underground coal mine, with proposed penalties totaling $481,148. The parties settled all but nine matters. Judge Margaret A. Miller affirmed eight contested violations involving combustible accumulations, a 20-foot gap in…
Highland Mining Company, LLC
Three S&S violations affirmed with $64,752 penalty
MSHA cited Highland Mining at its Highland 9 Mine for excessive roof-bolt spacing under the approved roof-control plan, extensive combustible accumulations along a belt entry, and a belt rubbing its structure in unsafe operating condition. Judge William B. Moran credited the inspectors' accounts…
C.B. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
C.B. (ECAB 10-1782): Second hearing request denied as late
C.B., a Navy employee, initially made a timely hearing request after a benefit termination but withdrew it. She asked for another hearing months later, after the 30-day period for a hearing as of right had passed. OWCP considered the late request in its discretion and found reconsideration an…
R.G. and U.S. Postal Service, Post Office, Moorpark, CA
R.G. (ECAB 10-1682): Occupational fungal infection claim denied
R.G., a letter carrier, attributed a fungal infection to exposure to dust and wind on his postal route. His physician compared the work to outdoor jobs with substantial soil exposure. The Board found that the opinion did not account for the employer's description of a mostly vehicle-based route in…
P.G. and U.S. Postal Service, Post Office, Sterling, KS
P.G. (ECAB 10-1681): Back injury claim after curb fall denied
P.G., a rural letter carrier, tripped over a curb while loading a postal vehicle and struck a mail hamper. The Board accepted that the fall occurred. Her physicians did not adequately explain how it caused or aggravated a diagnosed back condition, especially given the reported preexisting history…
L.Y. and U.S. Postal Service, Processing & Delivery Center, Kansas City, MO
L.Y. (ECAB 10-1647): Physical therapy request denied
L.Y., a postal employee, had an accepted lumbar strain and sought therapy for later symptoms. His physician described arm, elbow, and recent back complaints but did not explain their link to the accepted injury or why therapy was needed for that injury. A physical therapist's report could not…
J.F. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
J.F. (ECAB 10-1635): Late reconsideration request denied
J.F., an Army depot employee, requested reconsideration more than a year after OWCP's last merits decision. He argued that he had been poorly guided and denied records, but supplied no evidence establishing error in the prior ruling on his hearing loss claim's timeliness. The Board found no clear…
R.W. and U.S. Postal Service, Post Office, Brazil, IN
R.W. (ECAB 10-1626): Late reconsideration request denied
R.W., a postal employee, requested reconsideration more than a year after OWCP's most recent merits decision. He asserted that he had not received the earlier decision, but the record showed it was mailed to his address and did not substantiate nonreceipt. The Board found the request untimely and…
K.M. and U.S. Postal Service, Post Office, Duluth, GA
K.M. (ECAB 10-1350): Injury on workplace stairs returned for fact finding
K.M., a postal clerk, slipped on icy stairs at the workplace after his regular shift while scheduled for overtime. OWCP denied the claim because it found that he had skipped his scheduled break and taken one at the end of his shift without permission. The Board found the record unclear about…
A.C. and U.S. Postal Service, Post Office, Coppell, TX
A.C. (ECAB 10-1256): Additional left arm award denied
A.C., a postal flats clerk, sought a larger left upper extremity schedule award. She argued that OWCP should have used an earlier edition of the impairment guide because a medical adviser first reviewed her file before the newer edition took effect. The Board held that the edition in force when the…
L.D. and U.S. Postal Service, Post Office, Tampa, FL
L.D. (ECAB 10-1235): Termination of wage-loss and medical benefits upheld
L.D., a postal employee, received benefits for accepted cervical and lumbar strains. A referral physician explained why those work-related strains had resolved and why later symptoms reflected preexisting degenerative conditions. The Board found his opinion more persuasive than reports that did not…
Emerald Coal Co.
85% settlement reduction denied for inadequate support
The Secretary proposed settling six orders against Emerald Coal for $30,773, reduced from original assessments totaling $208,685. The individual reductions ranged from 76% to 97%, but Judge William B. Moran found that the motion offered terse conclusions instead of facts explaining the changes. He…
United States Department of the Army, Medical Activity (MEDDAC), Fort Drum, New York (Agency) and American Federation of Government Employees, Local 400 (Union)
Army MEDDAC Fort Drum and AFGE Local 400 (FLRA 0-AR-4690): Attorney fee award upheld
An Army medical activity suspended a physician assistant for seven days after an incident during patient care. An arbitrator found that discipline was warranted but that the suspension was excessive, and substituted an anger management course. She later awarded the union attorney fees because the…
United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (Agency) and National Treasury Employees Union (Union)
SAMHSA and NTEU (FLRA 0-AR-4626): Statistician's performance rating remedy upheld
A statistician at the Substance Abuse and Mental Health Services Administration challenged her performance ratings. An arbitrator found that the agency had failed to give the feedback required by its labor agreement before rating her teamwork and collaboration below the exceptional level she…
United States Department of Justice, Federal Bureau of Prisons, Federal Prison Camp, Duluth, Minnesota (Agency) and American Federation of Government Employees, Local 3935, Council of Prison Locals, Council 33 (Union)
BOP Duluth and AFGE Local 3935 (FLRA 0-AR-4500): Secretary reassignment remedy upheld
At the Bureau of Prisons' Duluth camp, a medical secretary and a unit secretary switched positions after a regional official denied a waiver intended to address a supervisory relationship between spouses. An arbitrator found that the agency handled the reassignment unfairly and that a supervisor…
United States Department of Defense, Department of Defense Dependents Schools, Europe (Agency) and Federal Education Association (Union)
Defense Dependents Schools and FEA (FLRA 0-AR-4401): Personnel record remedies set aside
Defense Dependents Schools suspended an employee for 14 days. An arbitrator found just cause for the suspension but ordered the suspension record removed from the employee's personnel file and the arbitration award placed in the permanent record. The agency challenged those remedies. The Authority…
United States Department of the Interior, Bureau of Indian Affairs, Northern Pueblos Agency (Agency) and American Federation of Teachers, Indian Educators Federation, Local 4524 (Union)
BIA Northern Pueblos Agency and AFT Local 4524 (FLRA 0-AR-4269): Fire crew reinstatement award upheld
The Bureau of Indian Affairs disbanded its Northern Pueblos Hotshot firefighting crew after the crew did not obtain certification, then terminated the employees through a reduction in force. An arbitrator found that the agency had failed to use the planning and other steps required by its labor…
United States Department of the Navy, Military Sealift Command, Atlantic Region, Hampton, Virginia (Agency) and American Federation of Government Employees, Local 53 (Union)
Military Sealift Command and AFGE Local 53 (FLRA 0-AR-4227): Two positions remain eligible for FLSA overtime
The Navy's Military Sealift Command classified electronics technicians and an environmental protection specialist as exempt from Fair Labor Standards Act overtime rules. An arbitrator examined their actual work and ordered the positions reclassified as nonexempt. The Navy argued that the arbitrator…
Drummond Company, Inc.
Unexplained five-month delay defeated reopening
Drummond's counsel said he missed a penalty-contest deadline after failing to save a mobile-phone calendar reminder while traveling in an area without data service. The company discovered the omission during a later file audit and described the missed reminder as an isolated inadvertent error. 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.