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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T.K. and Department of the Army, 51st Signal Battalion, Seoul, South Korea
T.K. (ECAB 09-1729): Attendant allowance termination sent back
T.K., an Army mechanic in South Korea, sustained serious accepted injuries that left him needing help with personal care. OWCP had paid an attendant’s allowance after his release from a long hospital stay, then terminated it after he returned to inpatient care. The Board found that OWCP had not…
G.B. and Department of Homeland Security, Customs & Border Protection, Miami, FL
G.B. (ECAB 09-1697): Overpayment increased after calculation correction
G.B., a former customs inspector, received total disability payments after OWCP had already set a lower compensation rate based on his return to work. OWCP found an overpayment and held him at fault for accepting the larger payments. The Board agreed that the increase was large enough for him to…
S.M. and U.S. Postal Service, Processing & Delivery Center, Milwaukee, WI
S.M. (ECAB 09-1696): Back condition and surgery requests denied
S.M., a postal mail handler, had accepted right knee and sciatica conditions after pulling heavy equipment at work. She sought to add an L5-S1 disc herniation to the claim and obtain authorization for lumbar surgery. Her surgeon attributed the disc condition to the work injury, but an impartial…
V.G. and U.S. Postal Service, Post Office, Philadelphia, PA
V.G. (ECAB 09-1558): Left leg impairment award denied
V.G., a postal worker, sought a schedule award after two accepted left knee injuries. An impartial physician had found no permanent work related leg impairment. A later doctor rated 41 percent impairment but did not explain how the accepted injuries caused it and also relied on a separate knee…
R.H. and U.S. Postal Service, Post Office, Kansas City, MO
R.H. (ECAB 09-1175): Right leg award upheld, left leg sent back
R.H., a postal custodian, sought schedule awards after accepted back and right knee injuries. OWCP awarded 21 percent impairment of his right leg but denied an award for the left. The Board found the right leg rating supported by a second opinion physician’s examination and application of the…
Secretary of Labor v. Bill Simola, employed by United Taconite, LLC
Secretary of Labor v. Bill Simola (FMSHRC LAKE 2010-128-M): LLC-agent liability question certified for review
MSHA sought to hold Bill Simola personally liable as an agent of United Taconite under section 110(c) of the Mine Act. Simola argued that the provision applies to agents of corporations but not agents of limited liability companies, and Judge Jerold Feldman had denied his motion to dismiss. Simola…
D.H. and U.S. Postal Service, River Rouge Branch, River Rouge, MI
D.H. (ECAB 09-2154): Postal carrier’s back condition claim denied
D.H., a postal carrier, attributed right leg pain and a diagnosed lumbar nerve condition to lifting mail, carrying a satchel and other delivery duties. OWCP denied her occupational disease claim. The Board found that her physician had repeated her belief that work caused the condition but had not…
S.H. and Department of the Interior, USGS -- Forest & Rangeland Ecosystem Science Center, Corvallis, OR
S.H. (ECAB 09-2127): Reconsideration denial set aside
S.H., a USGS wildlife ecologist, claimed she contracted dengue fever during official travel in Africa. OWCP denied her claim for lack of medical evidence linking the illness to work, then refused to reopen it on reconsideration. The Board held that a newly submitted physician’s report addressed her…
M.V. and U.S. Postal Service, Post Office, Chino, CA
M.V. (ECAB 09-2045): Schedule award denial affirmed
M.V., a postal carrier with accepted cervical conditions, sought a schedule award for permanent left arm impairment. His attending physician assigned an 80 percent arm rating without explaining the calculation or supporting it with examination findings. Later examinations found normal arm motion…
J.L. and Department of Veterans Affairs, Veterans Health Administration, Nashville, TN
J.L. (ECAB 09-1973): Compensation overpayment affirmed
J.L., a retired Veterans Affairs nurse, received Social Security retirement benefits while also receiving FECA compensation. OWCP found that the portion of her Social Security benefits attributable to federal service required an offset, creating a $9,432.27 overpayment. The Board upheld the amount…
J.S. and Department of Defense, Defense Logistics Agency, El Toro, CA
J.S. (ECAB 09-1864): Heart attack claim denial affirmed
J.S. had an accepted work-related anxiety disorder and aggravation of angina. He later suffered heart attacks in 2003 and 2007 and claimed they were consequences of those accepted conditions. His attending cardiologists linked anxiety and heart disease but did not explain how the accepted…
E.E. and U.S. Postal Service, Post Office, Boston, MA
E.E. (ECAB 09-1610): Back injury claim denial affirmed
E.E., a postal carrier, was rear-ended while driving in the course of his work and claimed a back injury. OWCP accepted that the collision occurred but found insufficient medical evidence linking his diagnosed back conditions to it. The Board agreed: reports from a nurse practitioner and physical…
W.M. and U.S. Postal Service, Post Office, Fayetteville, NC
W.M. (ECAB 09-1588): Untimely reconsideration requests denied
W.M., a postal carrier injured in a 1987 dog attack, sought to reopen a 1993 denial of his claimed back disability recurrence. His 2008 and 2009 reconsideration requests came more than a year after the merits decision, so he had to show clear evidence that OWCP erred. The Board found that the later…
S.M. and U.S. Postal Service, Processing & Distribution Center, Los Angeles, CA
S.M. (ECAB 09-1498): Reconsideration denial affirmed
S.M. sought to reopen a prior determination that his accepted work-related emotional conditions had resolved by June 1992. His 2008 reconsideration request came years after the last merits decision. The Board found that he had repeated arguments about workplace treatment and medical evidence…
E.S. and Department of Energy, Bonneville Power Administration, Vancouver, WA
E.S. (ECAB 09-1037): Claimed disability periods denied
E.S. sought compensation for disability from March 1988 to May 1989 and July 1989 to March 1999, citing accepted shoulder, back and carpal tunnel conditions. The Board found that the medical evidence did not establish his inability to continue the modified work he had performed or prove total…
Secretary of Labor v. Cumberland Coal Resources, LP
Post-hearing switch of preshift standard rejected
MSHA cited Cumberland for failing to immediately correct a hazardous condition recorded in a preshift book under 30 C.F.R. § 75.363(a). The judge upheld a violation on a different theory, finding that accumulations should have been identified and recorded during the preshift examination. On review…
Secretary of Labor v. Swinson Materials, Inc.
Reopening denied for unexplained missed contest
MSHA issued Swinson Materials a proposed penalty assessment covering four citations and one order. Delivery records showed that the company received the assessment on October 21, 2009, but it did not contest within the Mine Act's 30-day period. Swinson said it did not receive a final order and did…
Matter of B-Y-
Frivolousness findings require explicit materiality and deliberateness
The Board reconsidered a Chinese respondent's asylum case after the Second Circuit upheld the adverse credibility finding and denial of asylum and withholding of removal but sent the frivolousness issue back for further analysis. The Board held that an Immigration Judge may incorporate factual…
D.P. and U.S. Postal Service, William Penn Annex, Philadelphia, PA
D.P. (ECAB 10-0518): Late reconsideration request denied
D.P., a postal clerk, claimed an emotional condition after a workplace incident involving her supervisor. OWCP accepted that the incident occurred but denied the claim for lack of medical evidence linking it to her condition. She sought reconsideration more than six years after the last merits…
C.S. and Department of the Navy, Naval Air Systems Command, Naval Air Depot, Cherry Point, NC
C.S. (ECAB 09-2211): Hearing loss award affirmed
C.S., a retired Navy production controller, challenged a schedule award based on 24 percent permanent hearing loss in his left ear. The Board held that OWCP had correctly applied the standard hearing loss formula to a physician-certified audiogram and paid the corresponding 12.48 weeks of…
J.C. and U.S. Postal Service, Northeast Carrier Annex, San Antonio, TX
J.C. (ECAB 09-2096): Benefit election ruling set aside
J.C., a postal carrier with accepted back injuries, received disability benefits from both OWCP and the Department of Veterans Affairs. OWCP suspended his wage-loss compensation after he did not respond to an election notice. The Board found that the notice incorrectly treated his entire Veterans…
J.G. and U.S. Postal Service, Post Office, Pittsburg, PA
J.G. (ECAB 09-2081): Overpayment ruling set aside
J.G., a postal employee, received schedule awards for permanent impairment of both arms. OWCP later found that those awards created a $44,010.26 overpayment. The Board found that the impartial examiner had rounded one impairment figure incorrectly and had not adequately accounted for measured elbow…
J.M. and Department of the Interior, Bureau of Reclamation, Grand Coulee, WA
J.M. (ECAB 09-2041): Medical treatment recurrence denied
J.M., a Bureau of Reclamation electrician, had an accepted thoracic back sprain from a 1980 work injury. In 2009 he sought further medical treatment for a claimed recurrence. OWCP asked for current medical evidence explaining the need for treatment and its connection to the accepted injury, but he…
M.P. and Department of the Army, Defense Language Institute, Monterey, CA
M.P. (ECAB 09-1999): Disability recurrence claim remanded
M.P., a Defense Language Institute professor with accepted back and leg conditions, claimed renewed total disability after years of part-time, limited-duty work. Her treating physician’s reports did not establish causation with enough detail to prove the recurrence, but they described continuing…
A.R. and U.S. Postal Service, Post Office, Anchorage, AK
A.R. (ECAB 09-1586): Compensation termination affirmed
A.R., a postal data collection technician, sustained an accepted lumbosacral sprain in 2003 and continued to work with restrictions. OWCP terminated compensation in 2009 after a second opinion physician concluded that the sprain had resolved without residuals. The Board found that opinion thorough…
L.S. and U.S. Postal Service, Post Office, Stewart, OH
L.S. (ECAB 09-1508): Compensation termination affirmed
L.S., a postmaster, had an accepted temporary aggravation of major depressive disorder associated with workplace events in 2003. OWCP terminated her benefits in 2008 after finding that the work-related aggravation had resolved. The Board credited a detailed medical opinion that placed resolution by…
F.W. and Department of the Navy, Naval Air Station Whidbey Island, Oak Harbor, WA
F.W. (ECAB 09-1193): Fungal infection claim denied
F.W., a Navy supply technician, claimed that exposure to bird droppings at work caused a cryptococcal infection affecting his lungs and central nervous system. OWCP accepted that the exposure occurred. The Board found that the medical reports did not adequately explain how the particular workplace…
Secretary of Labor v. Imerys Clay, Inc.
Omitted contest form excused and ten penalties reopened
Imerys Clay's accounts-payable department sent MSHA a $1,918 payment for penalties the company did not intend to contest. It failed to include the assessment form identifying ten other proposed penalties that Imerys wanted to challenge, and the safety manager learned of the omission only after a…
J.J. and U.S. Postal Service, Post Office, Coppell, TX
J.J. (ECAB 09-2204): Reconsideration denial affirmed
J.J., a postal maintenance worker, claimed that his work duties caused a herniated disc. OWCP accepted the duties he described but denied the claim for lack of medical causation evidence. When he later requested reconsideration, he supplied no new medical evidence, relevant legal argument or…
M.L. and U.S. Postal Service, Post Office, Atlanta, GA
M.L. (ECAB 09-2126): Elbow injury claim denied
M.L., a rural postal carrier, felt a pop in her right elbow while lifting and sorting mail. OWCP accepted that the incident occurred but found no competent medical opinion establishing a related injury. The Board agreed: some reports had illegible signatures, so their authors could not be…
B.M. and Department of Homeland Security, Transportation Security Administration, Air Marshal Service, Cincinnati, OH
B.M. (ECAB 09-2124): Consequential knee injury denied
B.M., a federal air marshal, sustained an accepted left knee injury and later developed a right knee meniscus tear. His surgeon attributed the right knee condition to favoring the injured left knee during recovery. The Board found that the surgeon had not adequately explained that causal link or…
A.B. and Department of the Army, CPAC, Attn: ICPA, Fort Carson, CO
A.B. (ECAB 09-1992): Hearing award upheld; hearing aid issue remanded
A.B., a retired Army pipe fitter and plumber, challenged his hearing loss schedule award and sought hearing aids. The Board upheld the nine percent binaural impairment rating and eight weeks of additional compensation after accounting for an earlier award. It also affirmed OWCP’s refusal to reopen…
K.G. and U.S. Postal Service, Post Office, Jacksonville, FL
K.G. (ECAB 09-1886): Disability recurrence denial affirmed
K.G., a postal carrier, returned to modified work after serious injuries in a work vehicle accident. She later claimed total disability beginning June 14, 2008. The Board found that her evidence did not establish that changed light-duty job requirements prevented her from working. Her physician…
D.M. and Department of Veterans Affairs, Veterans Administration Medical Center, Lincoln, NE
D.M. (ECAB 09-1806): Knee impairment rating remanded
D.M., a Veterans Affairs employee with accepted bilateral knee injuries, sought a larger schedule award. Her surgeon and an OWCP referral physician assigned substantially different impairment ratings after measuring cartilage space on knee x-rays. The Board found that both had used the applicable…
V.F. and U.S. Postal Service, Post Office, Tampa, FL
V.F. (ECAB 09-1695): Schedule award pay rate affirmed
V.F., a rural postal carrier associate, received a schedule award for five percent permanent left arm impairment after a 2006 shoulder injury. She challenged the pay rate used to calculate compensation, seeking a rate tied to when she reached maximum medical improvement or received the award. The…
G.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Martinsburg, WV
G.W. (ECAB 09-1555): Infection claim and record review denied
G.W., a hospital laundry operator, claimed that his work caused cellulitis and an MRSA infection in his right hand. The Board accepted that he encountered laundry chemicals, but found no reasoned medical opinion connecting those exposures to his condition. Some reports suggested a possible insect…
J.M. and U.S. Postal Service, Southern Distribution & Processing Center, Wallingford, CT
J.M. (ECAB 09-1409): Traumatic injury claim held untimely
J.M., a postal mail handler, filed a 2007 claim for physical and emotional injuries he attributed to a confrontation with a supervisor in September 2003. FECA generally required a claim within three years, or timely notice or actual knowledge of an injury within 30 days. The Board found that the…
Abundance Coal, Inc. v. Secretary of Labor
Partial EAJA award set at $11,586.59
Abundance Coal had prevailed in expedited contest proceedings and was entitled to fees because the Secretary's trial position was not substantially justified. Judge Gary Melick found serious defects in Abundance's verification and itemized billing, but allowed a partial award where the charges were…
S.F. and U.S. Postal Service, Post Office, Chicago, IL
S.F. (ECAB 09-2188): Wrist cyst claim denial affirmed
S.F., a postal mail carrier, attributed a left wrist ganglion cyst to her work. She underwent surgery for the cyst, but her physicians’ reports did not explain how her delivery duties caused or aggravated it. One physician recorded only her belief that work had contributed. The Board held that the…
L.B. and Department of the Navy, Navy Public Works Department, San Diego, CA
L.B. (ECAB 09-2183): Reconsideration denial affirmed
L.B., a Navy painter, sustained accepted wrist and back injuries after a fall from a ladder. He later sought coverage for additional neck, shoulder, leg and foot conditions. OWCP denied those conditions and refused to reopen the decision when he requested reconsideration. The Board held that the…
R.I. and U.S. Postal Service, Sand Island Station, Honolulu, HI
R.I. (ECAB 09-2099): Back condition claim denial affirmed
R.I., a postal carrier, attributed lumbar spine conditions to repetitive delivery and mail handling duties. OWCP accepted the duties he described but found the medical evidence insufficient to connect them to his diagnoses. The Board held that one physician had not addressed causation, while…
A.F. and Department of the Treasury, U.S. Customs Service, Houston, TX
A.F. (ECAB 09-2074): Hearing award remanded for tinnitus review
A.F., a former Customs employee, received a schedule award based on seven percent binaural hearing loss. A specialist had also recommended a five percent tinnitus adjustment because ringing in his ears affected daily activities. OWCP’s medical adviser calculated the hearing loss but did not explain…
M.C. and Department of the Army, Installation Management Agency, Fort Buchanan, Puerto Rico
M.C. (ECAB 09-1889): Suitable work termination reversed
M.C., an Army maintenance mechanic with an accepted back injury, was offered a modified mechanic position. OWCP terminated compensation when he refused it. A referral physician thought he could perform the job with restrictions, but his attending physician found him unable to work and identified…
C.K. and U.S. Postal Service, Post Office, Southeastern, PA
C.K. (ECAB 09-1782): Bilateral arm award affirmed
C.K., a postal clerk with accepted bilateral wrist and ulnar nerve conditions, sought a larger schedule award. The Board credited the impartial neurologist’s corrected impairment calculation, which produced about six percent impairment in each arm from sensory loss or pain. The neurologist had not…
V.H. and U.S. Postal Service, Circle Branch Post Office, Trenton, NJ
V.H. (ECAB 09-1725): Knee disability recurrence denied
V.H., a postal carrier with accepted knee injuries, claimed renewed disability beginning July 13, 2007. Her surgeon documented worsening knee arthritis and recommended joint replacements. The Board found that his reports did not adequately explain how the accepted injuries caused a change in her…
E.B. and Bureau of Engraving & Printing, Washington, DC
E.B. (ECAB 09-1509 and 09-1682): Compensation denials reversed
E.B., a federal plate printer, received wage-loss compensation after a work injury to his right leg and foot. OWCP kept him on its daily payment rolls for about 28 months, then denied compensation for later periods without a pretermination notice. The Board held that OWCP should have moved him to…
E.B. and Bureau of Engraving & Printing, Washington, DC
E.B. (ECAB 09-1509 and 09-1682): Compensation denials reversed
E.B., a federal plate printer, received wage-loss compensation after a work injury to his right leg and foot. OWCP kept him on its daily payment rolls for about 28 months, then denied compensation for later periods without a pretermination notice. The Board held that OWCP should have moved him to…
M.K. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
M.K. (ECAB 09-1046 and 09-1294): Wage capacity requests remanded
M.K. repeatedly challenged OWCP’s 1999 determination that a cashier position represented his wage-earning capacity. OWCP treated his letters as reconsideration requests and denied them, including on timeliness grounds. The Board held that, despite his use of the word reconsideration, M.K. had asked…
M.K. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
M.K. (ECAB 09-1046 and 09-1294): Wage capacity requests remanded
M.K. repeatedly challenged OWCP’s 1999 determination that a cashier position represented his wage-earning capacity. OWCP treated his letters as reconsideration requests and denied them, including on timeliness grounds. The Board held that, despite his use of the word reconsideration, M.K. had asked…
Russell City Energy Center, LLC
In re Russell City Energy Center, LLC (EAB PSD Appeal Nos. 10-07, 10-08, 10-09, and 10-10): four petitions dismissed as untimely
The Bay Area Air Quality Management District issued a prevention of significant deterioration permit for a new natural gas-fired combined-cycle power plant in Hayward, California. Karen Kramer, the Hayward Area Recreation and Park District, Minane Jameson, and Idojine J. Miller each sought review…
V.H. and U.S. Postal Service, Post Office, Trenton, NJ
V.H. (ECAB 10-0960): Additional injuries accepted; job withdrawal remanded
V.H., a postal carrier, fell at work in 2006. The Board found that contemporaneous records established a tooth fracture and knee contusions that OWCP had not accepted. It found insufficient medical support for a claimed aggravation of degenerative knee disease or a spontaneous disability recurrence…
H.H. and Department of Homeland Security, Customs & Border Patrol, Casa Grande, AZ
H.H. (ECAB 09-2197): Lung condition claim denied
H.H., a border patrol agent, claimed that a lung condition arose from his work and reported symptoms including cough, fever and shortness of breath. OWCP asked him to identify the exposure and provide a medical explanation linking it to his work. His physician’s notes addressed time off work but…
R.O. and Department of Justice, Bureau of Prisons, Los Angeles, CA
R.O. (ECAB 09-2182): Elbow condition claim denied
R.O., a correctional officer, attributed a left elbow condition requiring surgery to pushing food carts and other work duties. His doctors documented arthritis, loose bodies in the joint and a prior elbow episode at work. The Board found that the medical opinions did not adequately explain how the…
A.A. and U.S. Postal Service, Post Office, Mission Hills, CA
A.A. (ECAB 09-2079): Back injury compensation termination affirmed
A.A., a postal clerk, had accepted back strains from a 2002 work injury. OWCP ended benefits for those orthopedic conditions after an impartial physician found that the strains and a temporary aggravation of disc disease had resolved. The Board gave that reasoned opinion special weight and found…
R.Q. and U.S. Postal Service, Post Office, Bellmawr, NJ
R.Q. (ECAB 09-2029): Wrist benefit termination affirmed
R.Q., a postal distribution clerk, had an accepted left wrist tenosynovitis condition after repetitive work. OWCP terminated related benefits after a second opinion physician found normal wrist motion, no signs of continuing tenosynovitis and capacity to return to regular work. The Board found that…
J.G. and U.S. Postal Service, Post Office, Lemon Grove, CA
J.G. (ECAB 09-1927): Claimed knee disability period denied
J.G., a postal carrier, had accepted left knee injuries and later sought compensation for total disability from November 2008 through January 2009. His surgeon certified him unable to work, but also identified a preexisting crystalline joint condition as a major source of pain and swelling. The…
D.H. and U.S. Postal Service, Post Office, Flushing, NY
D.H. (ECAB 09-1699): Back sprain benefits termination affirmed
D.H., a postal clerk, had accepted thoracic and lumbosacral sprains from lifting a tray at work. OWCP terminated related benefits after an impartial specialist found no continuing residuals or disability from those sprains. The Board gave that opinion special weight. Her physician’s later reports…
S.A. and Department of Homeland Security, Transportation Security Administration, Houston, TX
S.A. (ECAB 09-1525): Wage loss and reconsideration denials affirmed
S.A., a Transportation Security Administration employee, claimed total disability beginning the day after an accepted 2003 lumbar strain. The Board found that her doctors identified several other back and emotional conditions but did not adequately explain how the accepted strain caused the claimed…
M.H. and Department of Labor, Office of the Assistant Secretary for Administration & Management, Washington, DC
M.H. (ECAB 09-1501): Consequential condition claim remanded
M.H. sought coverage for pain and depression as consequences of an accepted temporary aggravation of lower back disc disease. The Board had previously directed OWCP to develop medical evidence on causation. A later psychiatric specialist described a possible connection between work-related pain and…
United States Department of Defense, Defense Language Institute, Foreign Language Center, Monterey, California (Respondent) and American Federation of Government Employees, Local 1263, AFL-CIO (Charging Party)
Defense Language Institute and AFGE Local 1263 (FLRA SF-CA-05-0269): oral pay agreement enforced
The Defense Language Institute refused to carry out an oral agreement with the faculty union to advance certain employees to higher pay ranks when they reached the top of their pay bands. The institute argued that its former Chancellor lacked authority to make the agreement and that its terms were…
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.