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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United States Department of Homeland Security, United States Customs and Border Protection, JFK Airport, Queens, New York (Agency) and American Federation of Government Employees, Local 1917 (Union)
Customs and Border Protection at JFK Airport and AFGE Local 1917 (FLRA 0-AR-4264): suspension award upheld
Customs and Border Protection suspended an officer for two days after alleging that she should have sent an arriving passenger for a secondary inspection. While removal was proposed, the agency also took her off duties that allowed overtime and premium pay. An arbitrator found no just cause for the…
United States Department of Transportation, Federal Aviation Administration, Northwest Mountain Region, Renton, Washington (Agency) and National Air Traffic Controllers Association (Union)
FAA and NATCA (FLRA 0-AR-4247): evaluation team remedy returned to arbitrator
The FAA excluded a union representative from a team evaluating the Salt Lake City air traffic control tower. An arbitrator initially found that the evaluation triggered the agreement's union participation right and ordered the agency to stop the violation, while retaining jurisdiction over the…
National Treasury Employees Union (Union) and United States Department of the Treasury, Internal Revenue Service (Agency)
NTEU and the IRS (FLRA 0-AR-4212): dues revocation procedure and limited remedy upheld
After its agreement with NTEU expired, the IRS announced that it would process employees' union dues revocation forms without a union official's signature or initials. An arbitrator found that the contract's signature procedure was lawful, that the IRS breached it and committed unfair labor…
United States Department of the Air Force, Davis-Monthan Air Force Base, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 2924 (Union)
Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA 0-AR-4168): attorney fee denial upheld
An arbitrator reduced an Air Force employee's three-day suspension to a written reprimand and ordered make-whole relief. AFGE Local 2924 then requested about $34,368 in attorney fees and $343 in expenses. The arbitrator found the employee prevailed but denied fees because the union had not shown…
American Federation of Government Employees, Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency)
AFGE Local 1547 and Luke Air Force Base (FLRA 0-NG-2945): two reduction in force proposals rejected
Luke Air Force Base planned personnel reductions, and AFGE Local 1547 proposed two changes to the reduction in force process. One proposal would select positions for abolition first by employees' service computation dates. The other would delay the reduction until certain veterans' appointments…
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)
USP Atwater and AFGE Local 1242 (FLRA 0-AR-4435): overtime exception dismissed as unpreserved
An arbitrator found that correctional officers at USP Atwater worked about 30 minutes beyond their shifts each day without overtime pay. He found that the Bureau of Prisons willfully violated the Fair Labor Standards Act and awarded three years of overtime pay, interest, and attorney fees. The…
Orica USA, Inc.
Off-property flyrock did not defeat MSHA jurisdiction
Orica designed, loaded, and detonated a blast at Callanan Industries' Pattersonville surface stone operation. MSHA alleged that flyrock traveled about 526 feet onto Interstate 90, struck three vehicles, injured two people, and showed that Orica had failed to guard or barricade access routes to the…
United States Department of Homeland Security, U.S. Customs and Border Protection, U.S. Border Patrol (Agency) and American Federation of Government Employees, Local 2554, National Border Patrol Council (Union)
Border Patrol and AFGE Local 2554 (FLRA 0-AR-4430): reconsideration of late arbitration exceptions denied
An arbitrator emailed his award to the Border Patrol and the union, then sent it by regular mail. The Authority had dismissed the agency's exceptions because they were filed more than 30 days after the email service. The agency sought reconsideration, arguing that accepting email service changed…
Melissa Parks, on behalf of Jerry Scott, v. Eastern Associated Coal Corporation
Parks v. Eastern Associated Coal (BRB 09-0627 BLA): attorney fee rates sent back for evidence
Melissa Parks pursued her late father Jerry Scott's black lung claim, and her counsel sought payment for work before the administrative law judge. The judge awarded $3,920 after accepting the requested hourly rates for two lawyers, reducing the legal assistants' rate, and trimming some hours. The…
B.R. and U.S. Postal Service, Ashbun Post Office, Chicago, IL
B.R. (ECAB 09-2120): Eight-percent right-arm award upheld
B.R., a postal carrier, injured her right shoulder and arm in a fall at work and received a schedule award for eight-percent impairment of her right upper extremity. She sought a larger award based on her doctor's higher impairment estimate. OWCP sent her to an impartial orthopedic specialist to…
J.R. and U.S. Postal Service, Post Office, Blue Springs, MO
J.R. (ECAB 09-1792): Concussion claim sent for impartial examination
J.R., a rural postal carrier, was rear-ended while driving at work. OWCP accepted several injuries from the collision but declined to add a concussion to her claim. Her treating physicians attributed concussion symptoms to the work collision, while an OWCP medical adviser disagreed. The Board found…
S.W. and U.S. Postal Service, Post Office, Cleveland Heights, OH
S.W. (ECAB 09-1647): Termination of postal carrier's benefits upheld
S.W., a postal carrier, received benefits for accepted injuries from two work incidents. OWCP ended those benefits after an impartial orthopedic specialist found no remaining effects of the accepted conditions and concluded that she could perform regular duties. Her treating physician continued to…
M.M. and U.S. Postal Service, Post Office, Boston, MA
M.M. (ECAB 09-1632): No increase to left-leg award; impairment calculation corrected
M.M., a postal clerk with an accepted left-knee injury, received a schedule award for 10-percent impairment of her left leg and sought a larger award. Her physician proposed an additional rating for knee injuries, but the Board found that the cited impairment table did not support it. The Board…
D.S. and U.S. Postal Service, Post Office, North Las Vegas, NV
D.S. (ECAB 09-1491): Cervical-condition claim denied for lack of medical causation evidence
D.S., a postal distribution clerk, reported chest and neck pain while stocking products at work and sought benefits for a cervical condition. Her medical records identified several neck diagnoses, but the Board found that her physicians did not adequately explain how her duties or the April 2008…
R.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ
R.G. (ECAB 09-0904): Wage-earning capacity ruling sent back for vocational review
R.G., a former Veterans Affairs employee with an accepted work-related emotional condition, challenged OWCP's calculation of his wage-earning capacity using a residence counselor job. He submitted a vocational assessment arguing that his unfinished training and long absence from employment made…
J.C. and U.S. Postal Service, Post Office, Cape Coral, FL
J.C. (ECAB 09-0888): Medical bills and leg schedule award denied
J.C., a postal carrier injured in a work-related vehicle accident, sought reimbursement for treatment bills and a left-leg schedule award. Two invoices were filed on time, but they did not show that the visits treated her work injury; the other 34 requests lacked proof of timely filing. The Board…
American Federation of Government Employees, Local 1501 (Union) and United States Department of the Air Force, 446 Airlift Wing, McChord Air Force Base, Washington (Agency)
AFGE Local 1501 and McChord Air Force Base (FLRA 0-NG-3052): civilian uniform proposal outside duty to bargain
Air Reserve Technicians work as federal civilian employees while maintaining reserve membership. Their union proposed removing military rank insignia from the uniforms they wear during civilian work and replacing the "Air Force" label with "DoD Civilian." The union said the military markings caused…
National Air Traffic Controllers Association (Union) and United States Department of Transportation, Federal Aviation Administration (Agency)
Air Traffic Controllers Association and FAA (FLRA 0-AR-4522): attorney fee denial upheld
The FAA suspended an air traffic controller for ten days over misconduct, but an arbitrator reduced the discipline to a reprimand. The arbitrator later denied the union's request for attorney fees, finding that the FAA had a reasonable basis for its original penalty even though the penalty was…
R.H. and U.S. Postal Service, Processing & Distribution Center, San Francisco, CA
R.H. (ECAB 10-1546): Benefit reduction for missed vocational training upheld
R.H., a postal employee with accepted shoulder injuries, was directed to attend computer training as part of a vocational rehabilitation plan. He attended less than two days and did no assignments. The Board found that his physician had not adequately explained why his medical condition prevented…
W.H. and Department of the Air Force, Robins Air Force Base, Warner Robins, GA
W.H. (ECAB 09-2048): Overpayment upheld; waiver denial sent back
W.H., an Air Force mechanic, received total-disability compensation after he had returned to full-time work. The Board agreed that this created a $2,130.05 overpayment. OWCP found he was not at fault but denied his request to waive repayment based on a financial questionnaire showing income left…
T.L. and Department of Veterans Affairs, Veterans Benefits Administration, Chicago, IL
T.L. (ECAB 09-1980): Larger arm award and further chiropractic therapy denied
T.L., a Veterans Affairs claims examiner, had accepted left-arm conditions and an existing four-percent schedule award. She sought a larger award after OWCP accepted additional diagnoses, but submitted no new impairment evaluation. An impartial specialist found no objective basis for a greater…
A.D. and U.S. Postal Service, Hudson City Station, Jersey City, NJ
A.D. (ECAB 09-1767): Termination of postal carrier's compensation reversed
A.D., a postal carrier, received compensation for an accepted emotional condition related to her duties. OWCP terminated her benefits after an impartial examiner said the condition had resolved. The Board found that the examiner had received an incomplete statement of accepted work facts, weakening…
R.A. and U.S. Postal Service, Eastmont Station, Oakland, CA
R.A. (ECAB 09-1754): Medical-benefit termination reversed; disability issue remanded
R.A., a postal clerk, had accepted neck, back and shoulder strains from her work duties. OWCP stopped her medical benefits and rejected claimed disability after an impartial examiner attributed her condition to an earlier nonwork vehicle accident. The Board found that OWCP's statement of facts had…
D.B. and U.S. Postal Service, Post Office, North Metro, GA
D.B. (ECAB 09-1676): Wrist award, recurrence and reconsideration denials upheld
D.B., a postal carrier, had an accepted right-wrist condition and sought a permanent impairment award and compensation for a later period away from work. The Board found no medical evidence of permanent impairment; her examining physician reported that the condition had resolved. It also found no…
C.A. and Department of Agriculture, Food Safety & Inspection Service, Dodge City, KS
C.A. (ECAB 09-1438): Cervical-disability period sent back for medical review
C.A., a federal food inspector, had an accepted aggravation of cervical disc disease and underwent spinal surgery. She disputed OWCP's determination of how long the condition disabled her from work. An OWCP referral physician said she could not return to her former duties but did not clearly…
T.S. and Environmental Protection Agency, Headquarters, Washington, DC
T.S. (ECAB 09-1245): Fatigue claim denied; other exposure claims sent back
T.S., a retired EPA analyst, claimed several conditions from exposure to environmental factors at his former office. The Board found that an impartial specialist's opinion did not support a work link for chronic fatigue syndrome, so it upheld that part of the denial. It found an unresolved conflict…
L.D. and Department of Transportation, Federal Aviation Administration, Aurora, IL
L.D. (ECAB 09-1057): Wage-earning capacity modification denied
L.D., a former FAA employee, sought to change a 1998 wage-earning capacity determination that used an associate chiropractor job. The Board found no reasoned medical opinion establishing a material change in the accepted work-related conditions. L.D. had not shown retraining or vocational…
American Federation of Government Employees, Local 801 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Waseca, Minnesota (Agency)
AFGE Local 801 and FCI Waseca (FLRA 0-AR-4597): factory overtime award upheld
At FCI Waseca, a prison factory gave its trained factory employees priority for factory overtime shifts. The union argued that the prison had previously assigned other employees to those shifts and that changing the practice violated its labor agreement. An arbitrator found that the agreement gave…
United States Department of Veterans Affairs Medical Center, Detroit, Michigan (Agency) and American Federation of Government Employees, Local 933 (Union)
Detroit VA Medical Center and AFGE Local 933 (FLRA 0-AR-4428): attorney fee hours remanded for explanation
An arbitrator awarded back pay after the Detroit VA Medical Center missed a deadline to respond to an employee's grievance over a ten-day suspension. The union then sought $20,470 in attorney fees, and the arbitrator approved the requested amount. The agency challenged the fee award. The Authority…
Prairie State Generating Company, LLC
Initial roof and ventilation plan citations affirmed
Prairie State began operating the new Lively Grove underground coal mine without approved roof control and ventilation plans by agreement with MSHA so it could contest the agency's proposed provisions. The operator sought 40-foot cuts, wider entries and intersections, lower air quantities, and…
D.P. and U.S. Postal Service, Processing & Distribution Center, Flushing, NY
D.P. (ECAB 09-2286): Benefit reduction based on data entry job reversed
D.P., a postal mail handler with accepted back conditions, had her compensation reduced after OWCP selected a full-time data entry clerk position to measure her earning capacity. Her physicians allowed some work but limited how long she could sit. The Board found that OWCP had not explained how she…
M.W. and U.S. Postal Service, Post Office, Bedford Park, IL
M.W. (ECAB 09-2177): Occupational-condition denial sent back for evidence review
M.W., a retired postal carrier, claimed neck, back, leg and arm conditions from repetitive work activities. OWCP denied the claim, but its hearing representative did not make findings about medical reports that M.W. had submitted. The Board found that the decision also discussed an earlier…
S.O. and Department of Justice, Federal Bureau of Investigation, New York, NY
S.O. (ECAB 09-2175): Back-injury claim denied for lack of medical explanation
S.O., an FBI agent, reported lower back pain after firearms training, running and vehicle exercises at work. His physician diagnosed back conditions and checked a form box indicating a work connection. The Board found that the physician did not explain how the described activities caused or…
C.K., claiming as widow of J.K., and Department of the Navy, Naval Shipyard, Philadelphia, PA
C.K. (ECAB 09-2014): Health-plan premium overpayment recovery upheld
C.K. received survivor compensation after her spouse's work-related death. OWCP had not deducted health-plan premiums during part of 2009, although her coverage was restored retroactively for that period. The Board upheld the resulting $992.82 overpayment, using the slightly lower amount stated in…
J.D. and U.S. Postal Service, Roseland Post Office, Chicago, IL
J.D. (ECAB 09-2007): Ten-percent awards for each leg upheld
J.D., a postal processing clerk with accepted hip and other injuries, received a schedule award for 10-percent impairment of each leg. She sought a larger award based on her physician's rating of 57 percent per leg, which added weakness to limited hip motion. The Board found that the impairment…
A.B. and U.S. Postal Service, Clifton Post Office, Clifton, NJ
A.B. (ECAB 09-1780): Right-leg claim sent for impartial medical review
A.B., a postal letter carrier, claimed that standing, walking and climbing stairs at work caused knee and leg conditions. Her treating orthopedist linked bilateral knee problems to those duties, while an OWCP referral physician disagreed. The Board found that the opposing medical opinions created…
E.S. and U.S. Postal Service, Post Office, New York, NY
E.S. (ECAB 08-1432): Later wrist-disability claim denied
E.S., a postal mail handler, injured her right wrist and hand when objects fell from a cabinet at work. She sought wage-loss compensation for disability after March 22, 2007, relying largely on reports diagnosing carpal tunnel syndrome. The Board found that the physicians had not adequately…
American Federation of Government Employees, Local 1263 (Union) and United States Department of the Army, Defense Language Institute, Monterey, California (Agency)
AFGE Local 1263 and Defense Language Institute (FLRA 0-AR-4551): pay policy bargaining grievance denied
The Defense Language Institute proposed changes to a pay regulation for its civilian language instructors and sent a draft to their union. The agency gave the union an extended period to request negotiations, but the union did not submit proposals or request more time before that period ended. An…
Matter of Noemi MONGES-Garcia
The 90-day reopening limit applies to older in absentia orders
The Board reviewed a Honduran respondent's appeal from the denial of a motion to reopen a 1994 in absentia deportation order so she could seek adjustment of status based on her marriage to a United States citizen. The Board held that the 90-day time limit in 8 C.F.R. § 1003.23(b)(1) applies to…
J.H. and U.S. Postal Service, Post Office, St. Louis, MO
J.H. (ECAB 09-2304): Shoulder award sent back to a new medical adviser
J.H., a postal clerk with an accepted shoulder injury, challenged a schedule award based on 15-percent impairment of his left arm. An impartial examiner had found that J.H. had not yet reached maximum medical improvement when examined. OWCP later relied on its medical adviser, who had been involved…
D.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Miami, FL
D.S. (ECAB 09-2159): Refusal to reopen schedule-award claim upheld
D.S., a Veterans Affairs employee, sought to reopen a previously denied schedule-award claim for cervical conditions. She submitted a medical note listing diagnoses, but it did not address permanent impairment of a scheduled member, the issue that had defeated her claim. She also alleged that an…
M.W. and U.S. Postal Service, Tampa Post Office, Tampa, FL
M.W. (ECAB 09-2144): Dependent-student overpayment sent back for review
M.W., a postal employee, received a higher compensation rate while claiming his daughter as a dependent. OWCP later declared a $7,635.06 overpayment, found him at fault, and ordered deductions from continuing payments. The Board found that enrollment records and transcripts in OWCP's file suggested…
A.D. and Department of the Navy, Naval Air Warfare Central Weapons Division, China Lake, CA
A.D. (ECAB 09-2030): Chronic-pain consequence claim sent for medical review
A.D., a Navy police officer, had accepted back conditions and several related surgeries. He claimed chronic pain syndrome as a consequence of those injuries, but OWCP rejected it partly on the view that pain was not an acceptable diagnosis. The Board said chronic pain resulting from a work injury…
D.R. and U.S. Postal Service, Post Office, Greensboro, NC
D.R. (ECAB 09-1723): Knee claim after route change sent back for review
D.R., a postal carrier with a prior left-knee condition, reported new knee trouble after his route changed to include stairs. His orthopedic surgeon linked the change in duties to a new knee injury, and the Postal Service acknowledged that the new route required stair climbing. The Board found this…
N.S. and U.S. Postal Service, Post Office, Providence, RI
N.S. (ECAB 09-1486): No increase to existing right-leg award
N.S., a postal distribution clerk, had accepted right-knee and other injuries after a fall and already held a 24-percent right-leg schedule award. He sought a larger award using his physician's 29-percent estimate. The Board found that estimate improperly included a whole-person rating for the…
R.D. and U.S. Postal Service, Post Office, Bustleton, PA
R.D. (ECAB 09-1383): Left-ankle schedule award denied
R.D., a postal employee, fractured and sprained his left ankle in a work-related fall. His physician rated 30-percent impairment, while an OWCP physician found none. An impartial specialist examined R.D. and reviewed new x-rays, finding normal function and a cartilage interval outside the guide's…
S.J. and Department of the Army, Aurora, CO
S.J. (ECAB 09-1355): Termination of benefits for accepted bipolar condition reversed
S.J., an Army librarian, received compensation for accepted work-related conditions including bipolar disorder. OWCP ended her benefits after an impartial psychiatrist concluded that her current psychiatric condition was not work related. The Board found that the psychiatrist had not adequately…
D.O. and U.S. Postal Service, Post Office, Cleveland, OH
D.O. (ECAB 09-0755): Right-shoulder work-injury claim denied
D.O., a postal employee, sought compensation for right-shoulder impingement that she attributed to light-duty work. Her physician linked the condition to repetitive overhead shoulder use. The Board found that he had not identified her actual work tasks or explained how they caused or aggravated the…
D.E. and U.S. Postal Service, Post Office, Grand Rapids, MI
D.E. (ECAB 09-2291): Right-ankle schedule award denied for lack of work link
D.E., a postal carrier, had an accepted right-ankle sprain from a fall at work and a prior ankle injury from military service. His physician rated 11-percent right-leg impairment but described a condition developing over time rather than from the accepted fall. When OWCP asked for clarification…
D.M. and U.S. Postal Service, Post Office, Stockton, CA
D.M. (ECAB 09-2116): Budget duties recognized, emotional-condition denial upheld
D.M., a postmaster, claimed an emotional condition related to interactions with a supervisor and the demands of his job. The Board found no supporting evidence for his allegations of verbal abuse, harassment or discrimination. It did find that carrying out budget duties amid an acknowledged…
J.P. and Tennessee Valley Authority, John Sevier Fossil Plant, Rodgersville, TN
J.P. (ECAB 09-2028): Hearing-loss schedule award denied
J.P., an electrician at a Tennessee Valley Authority facility, claimed hearing loss from workplace noise. An examining physician linked his hearing loss to that exposure, but an OWCP medical adviser calculated no ratable impairment from the audiogram under the standard formula. The Board found the…
G.O. and Department of Veterans Affairs, Veterans Administration Medical Center, Albany, NY
G.O. (ECAB 09-1713): Disc-injury claim denied for insufficient medical causation
G.O., a Veterans Affairs food service worker, reported back pain while bending to place food on a cart. The Board accepted that the workplace incident occurred but found the medical evidence did not adequately link it to his lumbar disc condition. Some physicians gave no causation opinion, while…
G.S. and Department of Veterans Affairs, Fort Lyons Veterans Hospital, Lyons, NJ
G.S. (ECAB 09-1670): Medical-benefit termination reversed; leg award remanded
G.S., a Veterans Affairs nursing assistant, had an accepted lumbar disc injury and sought continuing medical benefits and a leg schedule award. OWCP ended medical authorization based on an impartial examiner's opinion, but the Board found he had not explained why the accepted disc injury had…
Secretary of Labor obo Christopher L. Abeyta v. San Juan Coal Company
Electrical engineer temporarily reinstated
Christopher Abeyta worked as an electrical projects engineer at San Juan Coal Company's underground mine. He raised concerns about electrical arcing, capacitor use, inspections, high-voltage checks, emergency-response work, and coal dust inside load centers, and he also filed an MSHA safety…
K.K. and U.S. Postal Service, Post Office, Buffalo, NY
K.K. (ECAB 09-2206): Claimed recurrence periods denied
K.K., a postal employee, sought compensation for periods of total disability between October 2004 and April 2005 after an accepted back injury. His physician attributed disability after a March 2005 procedure to the work injury. The Board found that the report did not explain why the procedure was…
B.K. and Department of Homeland Security, Transportation Security Administration, Myrtle Beach, SC
B.K. (ECAB 09-2072): Back-injury claim denied for missing incident details
B.K., a transportation security officer, reported a back injury while lifting a bag at work. Her employer clarified that the claimed incident was on August 10 rather than August 14, 2006. The Board found that B.K. had not described where or how the incident occurred or what assignment she was…
D.T. and Department of Veterans Affairs, Veterans Administration Medical Center, West Haven, CT
D.T. (ECAB 09-1707): Knee-surgery consequence claim sent for specialist review
D.T., a Veterans Affairs medical technician, injured her right knee during an incident with a patient at work. OWCP accepted an aggravated knee strain but denied that a later meniscus tear and surgery resulted from it. The Board found that her physicians' reports were incomplete yet consistently…
J.V. and U.S. Postal Service, Post Office, Bronx, NY
J.V. (ECAB 09-1604): Suitable-work refusal and late-hearing decisions upheld
J.V., a postal processing clerk with accepted back conditions, refused an offered position after OWCP found it medically and vocationally suitable. The Board found that an impartial specialist's supported opinion and the vocational record established suitability. OWCP had given J.V. the required…
J.G. and Department of the Navy, Naval Air Weapons Station, China Lake, CA
J.G. (ECAB 09-1497): Retroactive attendant allowance and reconsideration denied
J.G., a Navy employee with an accepted psychiatric condition, sought payment for his wife's attendant care dating back to 1994. OWCP had authorized limited attendant services for a later year but denied payment for the earlier period. The Board found that the medical reports did not adequately…
K.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Miami, FL
K.C. (ECAB 09-1381): Information-clerk wage capacity ruling upheld
K.C., a Veterans Affairs employee, challenged a wage-earning capacity determination using a sedentary information clerk job. The Board found that the original determination had been supported by vocational evidence and an impartial medical opinion. Later physician reports and questionnaires did not…
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.