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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C.C. and Department of the Air Force, Hill Air Force Base, Ogden, UT
C.C. (ECAB 10-259): Wage capacity reduction reversed
C.C., a former Air Force parachute inspector, had received compensation for accepted back injuries. OWCP reduced her benefits based on an estimated ability to work as a customer service representative. The Board found that the impartial physician had not adequately addressed several medical issues…
J.A. and Tennessee Valley Authority, Paradise Fossil Plant, Drakesboro, KY
J.A. (ECAB 10-94): Pulmonary disease claim remanded for medical review
J.A., a former Tennessee Valley Authority worker, claimed that coal dust and welding fume exposure caused or worsened his lung conditions. His pulmonary specialist diagnosed pneumoconiosis linked to coal dust, while an OWCP medical adviser adopted another physician’s view that the conditions were…
BOH Brothers Construction Co., LLC
Lifeline case remanded for specific credibility findings
OSHA cited Boh Brothers after a bridge girder fell into the water with ten employees, killing a foreman. The judge affirmed a violation concerning a horizontal lifeline designed to support no more than five workers with a safety factor of two. That ruling depended on testimony that more than five…
Social Security Administration (Agency) and American Federation of Government Employees, Local 3239 (Union)
Social Security Administration and AFGE Local 3239 (FLRA 0-AR-4633): Reduced suspension upheld
A Social Security Administration claims representative used an agency system to check a Social Security number for her father, then disclosed what she found. The agency imposed a fourteen-day suspension under its unauthorized-access sanctions policy. An arbitrator found the penalty too severe under…
National Treasury Employees Union, Chapter 193, (Union) and United States Department of the Treasury, Internal Revenue Service, San Juan, Puerto Rico (Agency)
NTEU Chapter 193 and IRS San Juan (FLRA 0-AR-4606): Probationary employee grievance excluded
The IRS removed a probationary employee in San Juan after citing excessive absences. NTEU Chapter 193 grieved the removal, alleging retaliation for protected union activity. The arbitrator found that the parties' agreement excluded the separation of probationary employees from the contractual…
United States Department of Commerce, Patent and Trademark Office (Agency) and Patent Office Professional Association (Union)
Patent and Trademark Office and POPA (FLRA 0-AR-4128): Special pay agreement breach upheld
The Patent and Trademark Office agreed to seek annual approval for special pay increases to preserve pay differentials for patent examiners. It did not ask the Office of Personnel Management for a 2003 increase. An arbitrator found that this repudiated a central part of the parties' agreement and…
Sunrise Powerlink
In re Sunrise Powerlink (EAB PSD Appeal No. 10-14): appeal dismissed for lack of EPA jurisdiction
Cindy Buxton asked the Environmental Appeals Board to review the Sunrise Powerlink project, which apparently involved a proposed high-voltage transmission line in the San Diego, California area. Her request raised concerns about the project and the process it had undergone, but did not identify an…
R.C. and Department of the Army, Anniston Army Depot, Anniston, AL
R.C. (ECAB 10-1080): Refusal to reopen compensation claim affirmed
R.C., a former Army depot worker, challenged OWCP’s termination of medical benefits and reduction of wage-loss compensation to zero. His appeal was too late for the Board to review the underlying merits decision. The Board instead reviewed OWCP’s refusal to reconsider it. R.C. repeated objections…
B.H. and Tennessee Valley Authority, Shawnee Steam Plant, Paducah, KY
B.H. (ECAB 10-802): Shoulder injury claim denied for lack of medical link
B.H., a Tennessee Valley Authority custodian, said she hurt her left shoulder while pulling trash at work in October 2008. She reported shoulder and neck pain that day and later submitted medical records showing cervical conditions. The Board found that the physicians had not explained how her…
S.B. and U.S. Postal Service, Post Office, Newark, NJ
S.B. (ECAB 10-790): Recurrence of foot disability not established
S.B., a postal employee with accepted plantar fasciitis and heel spurs in both feet, claimed that she became unable to perform her limited-duty job on February 26, 2005. The Board had rejected the claim in an earlier appeal, and she submitted more reports from a treating podiatrist. The Board found…
T.R. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
T.R. (ECAB 10-566): Late reconsideration request denied
T.R., a naval shipyard worker, had claimed that duties under a new computer system caused an emotional condition. OWCP denied the claim in September 2008, finding the medical evidence insufficient to connect the condition to that accepted work factor. He sought reconsideration more than a year…
S.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Marion, IL
S.H. (ECAB 10-499): Overpayment upheld; first-period waiver remanded
S.H., a Veterans Affairs nurse, returned to work but continued receiving full wage-loss compensation by direct deposit. The Board affirmed OWCP’s calculation of a $13,319.30 overpayment after accounting for the premium pay she had lost. It found that she should have recognized the later payments…
G.A. and U.S. Postal Service, Post Office, Kearny, NJ
G.A. (ECAB 10-376): Termination of carpal tunnel benefits reversed
G.A., a postal clerk, received benefits for accepted carpal tunnel syndrome in both hands. OWCP terminated her medical and wage-loss compensation, relying on an impartial physician who attributed her continuing symptoms to other health conditions after surgery. The Board found that his opinion did…
B.K. and U.S. Postal Service, Mail Recovery Center, Atlanta, GA
B.K. (ECAB 10-346): Late written review request denial upheld
B.K., a postal employee, asked OWCP to review the written record after it denied her claimed emotional injury. Her request was postmarked March 26, 2009, more than 30 days after the February 23 decision. The Board held that she had no right to written review after that deadline. It also found that…
L.F. and U.S. Postal Service, Post Office, Charleston, WV
L.F. (ECAB 10-343): Schedule award denied for unsupported impairment rating
L.F., a postal window clerk with accepted lower-back conditions, sought a schedule award for permanent impairment in both legs. Her physician estimated 25 percent impairment in each leg based on back and leg pain. The Board found that the report gave no supporting examination findings or method…
R.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Philadelphia, PA
R.S. (ECAB 10-255): Three percent left-arm schedule award affirmed
R.S., a Veterans Affairs nurse, received a schedule award for three percent impairment of her left arm after an accepted injury that included shoulder conditions. She sought a higher rating for that arm and ratings for other extremities. The Board found that her physician counted a shoulder surgery…
J.N. and U.S. Postal Service
J.N. (ECAB 12-1266): Dental injury claim denied for lack of causation
J.N., a postal employee, reported clenching his teeth during a work incident and claimed a tooth root fracture and infection. The Board found that the medical evidence did not adequately establish that the incident caused the claimed dental conditions. It affirmed OWCP's denial.
Coal Country Mining, Inc.
Lost assessment explanation needs more detail
MSHA split penalties from one inspection into two assessments covering 19 citations and orders. Coal Country timely contested the assessment covering 16 items, but said the separate assessment covering three items was sent to its representative and never received. The company did not explain when…
D.M. and Department of Homeland Security, Transportation Security Administration, Romulus, MI
D.M. (ECAB 10-988): Late reconsideration request did not reopen claim
D.M., a transportation security employee, had claimed wage-loss compensation after an accepted workplace altercation. The Board had previously upheld OWCP’s denial for insufficient medical evidence. D.M. later asked OWCP to reconsider, arguing that earlier medical reports had been ignored. The…
G.L. and U.S. Postal Service, Post Office, Newark, NJ
G.L. (ECAB 10-950): Right-leg impairment rating remanded for clarification
G.L., a postal employee, received a schedule award for eight percent impairment of his right leg after a work injury. An impartial physician reported calf atrophy and rated it at eight percent, while OWCP’s medical adviser calculated a lower atrophy rating and identified a separate hip-motion…
T.K. and Department of the Army, Anniston Army Depot, Anniston, AL
T.K. (ECAB 10-892): Claim expansion for spinal condition denied
T.K., an Army depot welder, had an accepted cervical strain after lifting equipment at work. He sought to add ischemic myelopathy to the claim. A neurologist diagnosed that condition and said heavy lifting can trigger it, but the Board found his explanation of the connection to T.K.’s accepted…
K.M. and U.S. Postal Service, Post Office, Jacksonville, FL
K.M. (ECAB 10-504 and 10-754): Compensation suspension affirmed
K.M., a postal employee with accepted neck, back, and shoulder conditions, was scheduled for a second-opinion medical examination. She appeared but declined the physician’s request to change into an examination gown, and the exam did not proceed. The Board found that OWCP reasonably suspended…
D.M. and Department of Homeland Security, Transportation Security Administration, Memphis, TN
D.M. (ECAB 10-751): Wage-earning capacity reduction affirmed
D.M., a transportation security screener, received compensation after a work-related hernia and a later recurrence of disability. Medical assessments found that he could work eight hours a day with limits on lifting, pushing, and pulling. OWCP selected a check cashier job paying $370 a week; its…
N.D. and U.S. Postal Service, Post Office, Palm Coast, FL
N.D. (ECAB 10-643): Left leg impairment award affirmed
N.D., a postal letter carrier, received a schedule award after a work-related back injury and accepted conditions affecting his left leg. His physician rated left calf atrophy at 13 percent and sensory deficits at a total of 8 percent, then combined them into a 19 percent leg impairment. The Board…
J.T. and U.S. Postal Service, Post Office, Niles, OH
J.T. (ECAB 10-497): Knee condition and schedule award denials affirmed
J.T., a postal letter carrier, injured his left knee while delivering mail, and OWCP accepted a knee sprain. He later sought acceptance of internal derangement, a meniscus tear, and a Baker’s cyst, along with a schedule award for permanent impairment. The Board found that the medical reports did…
Secretary of Labor v. Marfork Coal Co., Inc.
Unsupported respirable-dust settlement is denied
The citation alleged that respirable dust containing quartz averaged nearly three times the permitted limit and affected ten miners. The proposed settlement would reduce the number affected to four while leaving the admitted violation and other findings in place. Judge William B. Moran found that…
Custom Crushing Industries, Inc.
Unopposed assessment is reopened
Custom Crushing Industries asked the Commission to reopen a proposed penalty assessment that had become a final order when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that it may use Rule 60(b) principles to grant relief for mistake…
Lamb Rock
Unopposed assessment is reopened
Lamb Rock asked the Commission to reopen a proposed penalty assessment that had become a final order when it was not contested within 30 days. The Secretary did not oppose the request. The Commission explained that Rule 60(b) principles permit relief from a final order for mistake, inadvertence, or…
Washington Rock Quarries, Inc.
Wrong-address delivery means no final order
MSHA sent Washington Rock's proposed penalty assessment to the wrong address, and the company did not receive it. Washington Rock learned about the assessment months later when a Treasury Department debt collector called. The Secretary did not oppose relief. The Commission held that the assessment…
D.C. and U.S. Postal Service, Post Office, Philadelphia, PA
D.C. (ECAB 10-265): Refusal to reopen emotional condition claim affirmed
D.C., a former postal letter carrier, sought reconsideration of OWCP’s denial of an emotional condition claim. OWCP had found that the personnel and administrative events he identified did not establish a compensable employment factor. The Board found that his new submissions repeated earlier…
Linda Kay Welch and Kyler Welch (on claims arising from Byron J. Boswell's death) v. Fugro Geosciences, Incorporated
Welch v. Fugro Geosciences (BRB 10-0381): denial of additional death benefits affirmed
Linda Kay Welch and her son Kyler sought Longshore Act death benefits after Byron Boswell died in a work accident. The Board held that Linda was not a statutory widow because she and Boswell had not married under Louisiana law. It also held that she had not shown she received more than half her…
United States Department of the Navy, Naval Facilities Engineering Command Mid-Atlantic, Norfolk, Virginia (Activity/Petitioner) and International Federation of Professional & Technical Engineers, Local 4 (Exclusive Representative/Petitioner) and International Federation of Professional & Technical Engineers, Local 3 (Exclusive Representative) and Metal Trades Department, AFL-CIO (Exclusive Representative) and International Association of Machinists & Aerospace Workers, District Lodge 4 (Exclusive Representative) and American Federation of Government Employees, Locals 23, 53, 2635, 2024, 1156, 1659 & 1698, AFL-CIO (Exclusive Representatives) and National Association of Government Employees, Locals R1-178, R2-084, R1-100 & R1-134 (Exclusive Representatives) and Laborers International Union of North America, Local 1310 (Exclusive Representative)
Navy NAVFAC Mid-Atlantic and NAGE (FLRA BN-RP-09-0005): Separate union units rejected
After the Navy moved employees from several facilities into NAVFAC Mid-Atlantic, local unions sought to keep their separate bargaining units. The Regional Director found that separate units were inappropriate because the employees shared a chain of command, work systems, and personnel policies with…
R.H. and U.S. Postal Service, Roanoke Carrier Annex, Roanoke, VA
R.H. (ECAB 10-942): Recurrence of disability denial affirmed
R.H., a postal letter carrier, returned to limited duty after OWCP accepted a work-related back sprain. He claimed that he became totally disabled again starting June 24, 2009. The Board found no evidence that his limited-duty job had changed or been withdrawn. His physician reported pain and other…
R.F. and U.S. Postal Service, Post Office, Cols, OH
R.F. (ECAB 10-927): Back condition claim denial affirmed
R.F., a postal letter carrier with preexisting degenerative disc disease, claimed that his work duties worsened his back condition. After an earlier Board denial, he submitted a new report from his treating neurologist and asked OWCP to reconsider. The neurologist attributed the progression of…
M.K. and U.S. Postal Service, Post Office, Chamblee, GA
M.K. (ECAB 10-866): Hip surgery authorization denial affirmed
M.K., a postal letter carrier, slipped while climbing into a mail truck, and OWCP accepted a right hip strain and other conditions. Years later he sought authorization for a right hip replacement. The Board found that his supporting physicians described a forceful impact to the hip that differed…
M.A. and Department of Justice, Drug Enforcement Administration, Arlington, VA
M.A. (ECAB 10-708): Additional arm impairment awards denied
M.A., a Drug Enforcement Administration clerk typist, had received schedule awards for 20 percent impairment of each arm after OWCP accepted cervical strain and aggravated carpal tunnel syndrome. She sought additional awards but did not submit a new medical impairment rating to show that either arm…
P.T. and U.S. Postal Service, Post Office, Cincinnati, OH
P.T. (ECAB 10-666): Increased arm impairment awards denied
P.T., a postal mail handler with accepted carpal tunnel syndrome, had received schedule awards for 24 percent impairment of each arm. He sought increased awards. The Board found that his treating physician did not explain how he applied the impairment guide to reach his arm ratings. A second…
S.P. and Department of Labor, Energy Employees’ Occupational Illness Compensation Program, Chicago, IL
S.P. (ECAB 10-431): Injury claim denial affirmed with incident finding corrected
S.P., a former Department of Labor claims examiner, said she slipped on a stair during training and twisted her right knee. OWCP denied her claim after finding that the incident had not occurred as alleged. The Board found that the contemporaneous health unit visit and coworker accounts supported…
B.K. and U.S. Postal Service, Post Office, Rockaway Park, NY
B.K. (ECAB 10-79): Compensation termination reversed
B.K., a postal manager with an accepted anxiety disorder, was offered a modified job after differing medical assessments of his ability to work. OWCP terminated his monetary compensation when he declined the offer. The Board found that OWCP had incorrectly treated a physician as an impartial…
American Federation of Government Employees, Local 4044 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Three Rivers, Texas (Agency)
AFGE Local 4044 and Bureau of Prisons Three Rivers (FLRA 0-AR-4667): Lunch period claim denied
Correctional officers at the Three Rivers prison claimed they had worked through unpaid lunch periods. An arbitrator denied their grievance after finding that the union had not shown supervisors knew or had reason to know about the alleged work. The union argued that this imposed an improper…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 3955 (Union)
Bureau of Prisons Tucson and AFGE Local 3955 (FLRA 0-AR-4451): Hazard pay award gains interest
Locksmiths at a federal prison in Tucson handled explosive devices, but the agency denied their request for a hazard pay differential. An arbitrator found that their job classifications had not accounted for those duties and awarded a 25 percent differential beginning when the union filed its…
Justin Nagel v. Newmont USA Limited
Unauthorized stay requires vacatur and remand
Justin Nagel filed a Mine Act discrimination complaint against Newmont and disputed orders concerning deposition security and production of recorded conversations. The ALJ dismissed the case as a discovery sanction but attempted to stay the dismissal while the Commission considered a certified…
United States Department of Veterans Affairs (Agency) and National Nurses United, AFL-CIO (Petitioner/Labor Organization) and United American Nurses, AFL-CIO (Exclusive Representative) and Judiann Chartier (Interested Party)
VA nurses and National Nurses United (FLRA WA-RP-10-0039): Affiliation change stands
VA nurses voted to change their union affiliation from United American Nurses to National Nurses United, and a Regional Director approved the certification change. Several nurses then sought review, citing changes to union leadership and structure after that approval. The Authority held that the…
Matter of Maria Armida SOSA VENTURA
TPS does not terminate removal proceedings
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Salvadoran respondent who had been granted Temporary Protected Status. The Board held that TPS temporarily protects an alien from removal and permits lawful presence…
Lucille Gelinas v. Electric Boat Corporation
Gelinas v. Electric Boat (BRB 10-0422): nurse's hearing loss claim denied under Longshore Act
Lucille Gelinas worked as an occupational health nurse for Electric Boat and sought benefits for work-related hearing loss. Her duties included treating injured workers, responding to shipyard ambulance calls, and performing examinations and tests. The Board held that these duties were useful to…
E.F. and U.S. Postal Service, Post Office, Grand Rapids, MI
E.F. (ECAB 10-1243): Foot condition claim denial affirmed
E.F., a postal city carrier, claimed that walking for hours each workday aggravated congenital hammertoes on her right foot. OWCP accepted her description of the work duties but denied the claim for lack of medical evidence connecting those duties to the condition. Her podiatrist said long periods…
L.B. and U.S. Postal Service, Baldwin Post Office, Baldwin, NY
L.B. (ECAB 10-1213): Recurrence claim returned for medical review
L.B., a postal carrier, returned to work after an accepted lumbar sprain and was terminated for cause on July 23, 2009. He then claimed a recurrence of disability beginning July 27. OWCP denied the claim because his employment had ended for cause, without evaluating whether the injury made him…
W.M. and Department of the Navy, Naval Air Systems Command, Cherry Point, NJ
W.M. (ECAB 10-939): Back surgery authorization denial affirmed
W.M., a Navy hoist mechanic, had accepted aggravations of a lumbar strain and degenerative disc disease from his work duties. His surgeon recommended lumbar decompression and related procedures, but the Board found that the surgeon did not adequately explain why the accepted conditions required…
H.D. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
H.D. (ECAB 10-877): Knee and back claim remanded for medical clarification
H.D., a Navy maintenance worker, claimed that years of kneeling, climbing, and other physical duties caused or aggravated his knee and back conditions. After an earlier Board remand, OWCP relied on an impartial orthopedic surgeon to deny the claim. The Board found that the surgeon’s opinion did not…
P.P. and U.S. Postal Service, Post Office, Wallingford, CT
P.P. (ECAB 10-852): Refusal to reopen schedule award claim affirmed
P.P., a postal employee, sought an additional schedule award for her right arm after an earlier award for 18 percent impairment. OWCP denied the additional award, and she requested reconsideration. Her physician reaffirmed a 10 percent right hand rating but did not explain why it represented…
D.S. and Department of the Navy, Military Sealift Command, Virginia Beach, VA
D.S. (ECAB 10-815): Recurrence of disability denial affirmed
D.S., a Navy seaman, returned to work after an accident that injured his right thumb and shoulder, among other accepted conditions. He later claimed that those conditions caused a new period of disability beginning June 23, 2008. His physicians described pain, arthritis, and possible reinjury after…
E.A. and Department of Veterans Affairs, Veterans Health Administration, Biloxi, MS
E.A. (ECAB 10-762): Late hearing request denial affirmed
E.A., a Veterans Health Administration employee, sought a hearing on OWCP’s June 2007 denial of a schedule award. E.A. had requested a hearing promptly after that denial but withdrew the request, then submitted a new hearing request in July 2009. The Board found the new request was outside the…
S.S. and Department of Agriculture, National Forests in Texas, Lufkin, TX
S.S. (ECAB 10-621): Additional wage loss compensation denied
S.S., a Forest Service biologist, claimed wage loss from March 14, 2004 through May 28, 2005 after an accepted injury affecting her knee and shoulders. The Board found that she had already received disability compensation or a schedule award for much of that period and had also worked during part…
C.E. and Department of Justice, Federal Bureau of Investigation, Indianapolis, IN
C.E. (ECAB 10-461): Emotional condition claim remanded for medical development
C.E., a former FBI special agent, claimed an emotional condition linked to events during his federal employment. In an earlier appeal, the Board had identified several events and employer actions as compensable work factors and directed OWCP to evaluate the medical evidence. His psychiatrists…
United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Atwater, California (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 1242 (Union)
Bureau of Prisons Atwater and AFGE Local 1242 (FLRA 0-AR-4435): Reconsideration denied
An arbitrator applied a three-year limitations period to a wage remedy for a willful Fair Labor Standards Act violation at the Atwater penitentiary. The Authority had dismissed the Bureau of Prisons' challenge because the agency did not argue for a shorter period before the arbitrator. The agency…
Secretary of Labor v. Performance Coal Company
Float coal dust at power center brings $4,329 penalty
MSHA found dry, black float coal dust on and inside a high-voltage power center near a conveyor transfer point at Performance Coal's Upper Big Branch-South mine. Judge David F. Barbour credited evidence that normal breaker arcing and exposed electrical connections could ignite the dust and cause a…
Giant Cement Holding Company
Miscaptioned answer defeats default
An ALJ entered default against Giant Cement for failing to answer the Secretary's penalty petition. Giant Cement showed that it had timely filed an answer, but the caption mistakenly listed a different docket number. The Commission's internal review confirmed that the answer had been received and…
J.S. and U.S. Postal Service, Main Post Office, Jacksonville, FL
J.S. (ECAB 10-1094): Back injury claim denial affirmed
J.S., a postal clerk, reported increased back pain after working on a mail processing machine on February 2, 2009. OWCP accepted that she performed the work activities but denied her injury claim. The Board found that her physicians diagnosed spinal conditions without adequately explaining how the…
E.C. and Department of Justice, Drug Enforcement Administration, Miami, FL
E.C. (ECAB 10-1060): Abandoned hearing finding affirmed
E.C., a Drug Enforcement Administration agent, requested a telephone hearing after OWCP denied additional physical therapy. OWCP mailed notice of the hearing to her address of record. She did not call at the scheduled time, request a postponement, or explain her absence within 10 days. The Board…
J.C. and Department of Justice, Federal Bureau of Investigation, Washington, DC
J.C. (ECAB 10-888): Refusal to reopen injury claim affirmed
J.C., an FBI custodian, claimed injuries after tripping at work. OWCP accepted that the incident occurred but denied the claim because the medical evidence did not establish a diagnosed injury linked to it. J.C. later requested reconsideration and resubmitted a physician’s report that OWCP had…
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.