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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American Federation of Government Employees, Local 779 (Union) and United States Department of the Air Force, 82nd Training Wing, Sheppard Air Force Base, Texas (Agency)
Sheppard Air Force Base and AFGE Local 779 (FLRA 0-AR-4511): promotion grievance remanded
A training instructor at Sheppard Air Force Base performed duties of a higher grade training development specialist without receiving that grade's pay. An arbitrator denied a temporary promotion grievance after finding that the instructor lacked required coursework. The Authority found that this…
Secretary of Labor v. Reading Anthracite Company
Truck-maintenance violations affirmed after fatal overturn
A Reading Anthracite haul truck overturned on December 6, 2005, and driver Robert Chattin died from injuries sustained in the accident. Judge Jacqueline R. Bulluck found that a worn transmission hose ruptured, most of the transmission fluid escaped, and the retarder failed, while degraded front and…
Matter of Safet KOLJENOVIC
Adjustment counts as admission for section 212(h)
The Board reviewed a Montenegrin respondent's appeal after an Immigration Judge denied a section 212(h) waiver of inadmissibility. The respondent had entered the United States without inspection, later adjusted status to lawful permanent resident, and was placed in removal proceedings after a…
Rocking BS Ranch, Inc.
In re Rocking BS Ranch, Inc. (EAB CWA Appeal No. 09-04): default order affirmed
The Environmental Appeals Board reviewed an enforcement action against Rocking BS Ranch, a swine facility in Oklahoma, for an unauthorized discharge of agricultural waste into waters of the United States. The Ranch did not answer the complaint or amended complaint, and the Regional Judicial Officer…
D.H. and Department of Justice, Federal Bureau of Investigation Headquarters, Atlanta, GA
D.H. (ECAB 09-2133): Hearing loss schedule award denial affirmed
D.H., an FBI special agent, had accepted noise-induced hearing loss from duties involving firearms and explosives. OWCP denied a schedule award because a physician-reviewed audiogram produced no ratable impairment under the applicable formula. The Board agreed that the measured average in each ear…
C.B. and U.S. Postal Service, Post Office, Fort Washington, MD
C.B. (ECAB 09-2043): Arm and neck injury claim denial affirmed
C.B., a postal carrier, reported arm and wrist pain after pulling down his route and loading a truck at work. OWCP accepted the October 2008 incident but denied his traumatic injury claim. His physician diagnosed cervical conditions but did not explain how the specific work activity caused or…
K.T. and U.S. Postal Service, Post Office, New York, NY
K.T. (ECAB 09-2035): Forklift injury claim denial affirmed
K.T., a postal employee, reported that a forklift struck the back of his right ankle at work. After earlier appeals, OWCP accepted that the incident occurred but denied the claim for lack of medical proof of an injury it caused. The Board found that the medical notes did not provide a firm ankle…
L.H. and U.S. Postal Service, Post Office, Oklahoma City, OK
L.H. (ECAB 09-1874): Ankle claim and hearing decisions affirmed
L.H., a postal clerk, reported twisting his left ankle as he left for a break. The Board accepted that the incident occurred but found no reasoned medical evidence connecting it to a diagnosed injury. A report bearing an illegible signature did not qualify as reliable physician evidence. The Board…
E.K. and Department of the Interior, National Park Service, Salem, MA
E.K. (ECAB 09-1827): Injury denials upheld, medical expenses returned
E.K., a National Park Service laborer, was exposed to smoke and fumes while moving a smoking container at work. The Board accepted the exposure but found no firm medical diagnosis or reasoned opinion linking a condition to it, so it upheld the claim denial. It also upheld OWCP’s refusal to reopen…
J.A. and Department of Homeland Security, Transportation Security Administration, Denver, CO
J.A. (ECAB 09-1582): Termination for refusing work reversed
J.A., a transportation security employee, received compensation for an accepted back injury. His employer offered two different restricted-duty positions; he accepted the second offer but then failed a background check. OWCP ended his benefits on the ground that he refused suitable work. The Board…
J.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Anniston, AL
J.S. (ECAB 09-1448): Three percent leg impairment award affirmed
J.S., a pipe fitter, sought a larger schedule award after an accepted lower back injury. OWCP granted a three percent right leg impairment award based on nerve conduction findings and its medical adviser’s rating. The Board found that other physicians’ higher ratings relied on hip or whole-person…
American Federation of Government Employees, Local 933 (Union) and United States Department of Veterans Affairs, Great Lakes National Cemetery, Holly, Michigan (Agency)
Great Lakes National Cemetery and AFGE Local 933 (FLRA 0-AR-4463): fee exception dismissed
A cemetery employee was removed after a burial in the wrong gravesite. An arbitrator found that removal lacked just cause, replaced it with a written reprimand, and ordered reinstatement with seniority and backpay, but denied attorney fees. The union challenged only the fee denial. The Authority…
American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs Medical Center, Richmond, Virginia (Agency)
Richmond VA Medical Center and AFGE Local 2145 (FLRA 0-AR-4097): discipline award partly set aside
The Richmond VA Medical Center placed a letter describing a five-day suspension in a union president's file instead of suspending her without pay. The charges involved absences without leave and her interruption of an investigative hearing where she had tried to represent an employee. The Authority…
United States Department of the Air Force, Randolph Air Force Base, San Antonio, Texas (Petitioner/Activity) and United States Department of the Air Force, Langley Air Force Base, Langley Air Force Base, Virginia (Activity) and Air Force Manpower Agency, 2nd Manpower Requirements Squadron, Langley Air Force Base, Virginia (Activity) and National Association of Government Employees, Local R4-26 and R4-106 (Labor Organization/Incumbent) and American Federation of Government Employees, Local 1840 (Labor Organization/Interested Party)
Langley and Randolph Air Force Bases (FLRA WA-RP-08-0018): representation petition remanded
After the Air Force moved personnel servicing for a Langley squadron to Randolph Air Force Base, a dispute arose over whether about 25 Langley employees would remain in a NAGE bargaining unit or enter an AFGE unit whose certification covered employees serviced by Randolph. A Regional Director left…
O.M. and Department of the Army, Hunter Army Airfield, GA
O.M. (ECAB 09-2141): Injury denial set aside for further development
O.M., an Army automotive mechanic on assignment in Afghanistan, reported falling from a raised Humvee onto a table and injuring his back and hip. OWCP accepted that the fall occurred at work but denied his injury claim for insufficient medical proof. The Board found that OWCP had misread a…
C.J. and U.S. Postal Service, Post Office, St. Louis, MO
C.J. (ECAB 09-2084): Denial of late written-record review affirmed
C.J., a postal letter carrier, sought written-record review after OWCP denied his left wrist claim. His December 2008 letter said he planned to resubmit the claim, but did not request a hearing or written-record review. He first requested that review in July 2009, more than 30 days after the claim…
C.D. and U.S. Postal Service, Post Office, Bedford Park, IL
C.D. (ECAB 09-1881): Right knee claim denial affirmed
C.D., a postal automation clerk, attributed a right knee condition to years of lifting and moving heavy mail. The Postal Service said his current restricted duties involved seated mail work. OWCP asked for more detail about the duties he claimed caused his condition and for medical evidence linking…
J.W. and Department of Homeland Security, Transportation Security Administration, Seattle, WA
J.W. (ECAB 09-1795): Knee injury denial set aside for medical development
J.W., a transportation security screener, reported knee pain after twisting her foot while rising from a chair at work. OWCP accepted the incident but denied her claim because the medical reports did not fully explain how it caused her knee condition. The Board agreed that the physicians’ reports…
C.D. and U.S. Postal Service, Processing & Distribution Center, Philadelphia, PA
C.D. (ECAB 09-1675): Recurrence of disability denial affirmed
C.D. returned to light duty at the Postal Service after an accepted lumbar condition, then stopped working and claimed a recurrence of disability beginning September 30, 2004. He attributed his symptoms partly to sitting, standing, and walking during the modified assignment. The Board found that…
V.B. and U.S. Postal Service, Post Office, Overland Park, KS
V.B. (ECAB 09-1524): Termination of shoulder benefits affirmed
V.B., a postal retail associate, received benefits after injuring her left shoulder while handling a box. OWCP later terminated benefits for the accepted shoulder sprains, relying on a second-opinion physician who found the work-related conditions had resolved. The Board found his reports reasoned…
T.L. and U.S. Postal Service, Paducah Processing & Distribution Facility, Paducah, KY
T.L. (ECAB 09-1474): Thumb condition claim remanded for medical development
T.L., a postal worker, attributed a left thumb condition known as de Quervain’s syndrome to repetitive hand work sorting and moving mail. OWCP denied the claim because it found the medical evidence did not establish a work connection. The Board found that her hand intensive duties were established…
R.L. and U.S. Postal Service, Post Office, Dublin, OH
R.L. (ECAB 09-1473): Recurrence of disability denials affirmed
R.L. worked a modified postal job after an accepted aggravation of a lower back condition. He claimed that the condition made him unable to work beginning June 16, 2006. After an earlier Board remand, OWCP obtained a second medical opinion and again denied the recurrence claim. The Board found that…
D.N. and U.S. Postal Service, Post Office, Los Angeles, CA
D.N. (ECAB 09-0651): Post-surgery disability claim remanded
D.N., a former postal distribution clerk, sought wage-loss compensation after surgeries to remove a malfunctioning spinal cord stimulator and treat related cervical problems. OWCP had paid disability benefits through October 30, 2006 but denied her claim for the later period. The Board said an…
K.M. and Department of Justice, Office of Inspector General, Dallas, TX
K.M. (ECAB 09-2146): Emotional condition claim denial affirmed
K.M., an auditor, attributed stress, anxiety, insomnia, and hypertension to alleged retaliation and a hostile work environment. OWCP asked her to identify the incidents, people, dates, and places involved and to supply supporting medical evidence. She did not respond to that request. The Board…
D.H. and Department of the Treasury, Internal Revenue Service, Baltimore, MD
D.H. (ECAB 09-2091): Arm impairment awards sent back for new examination
D.H. sought larger schedule awards than the 12 percent right arm and 11 percent left arm impairments OWCP had recognized after a work injury. His physician and an OWCP physician disagreed, so OWCP sent him to an impartial specialist. The Board found that the specialist did not properly apply the…
J.G. and U.S. Postal Service, Post Office, Mission, KS
J.G. (ECAB 09-1822): Refusal to reopen arm award affirmed
J.G., a postal carrier, received a schedule award for six percent impairment of her right arm after an accepted carpal tunnel condition. She requested reconsideration, arguing generally that OWCP had misapplied the impairment guide and saying more medical evidence would follow. The Board found that…
E.J. and U.S. Postal Service, Post Office, Oklahoma City, OK
E.J. (ECAB 09-1633): Recurrence claim denials affirmed
E.J., a postal mechanic with an accepted back condition from 1990, reported new pain while stretching a tarp over a sorting machine in 2008. He sought benefits as a recurrence of the earlier condition. The Board found that the medical reports described a new work incident or repetitive activity but…
Burrows Paper Corporation
Late notice of contest dismissed
Burrows Paper received an OSHA citation but did not file a notice of contest within the required fifteen working days. It later argued that confusing or misleading conduct by OSHA officials justified accepting the late filing. The Commission found that the only specified conduct occurred two weeks…
A.R. and Department of Homeland Security, Immigration & Customs Enforcement, Brownsville, TX
A.R. (ECAB 09-1496): Lung impairment claim sent for impartial examination
A.R., a federal special agent, had an accepted claim for bronchitis and pneumonitis after workplace exposure to fumes and vapors. He sought a schedule award for permanent lung impairment. OWCP denied the award after its examining physician found no measurable impairment, while A.R.’s physician…
D.C. and Department of Homeland Security, Transportation Security Administration, Flushing, NY
D.C. (ECAB 09-1460): $2,556 overpayment recovery affirmed
D.C., a transportation security screener receiving total disability benefits, also worked part time as a college assistant. OWCP found that his earnings from March through early July 2008 reduced the compensation due, creating a $2,556 overpayment. The Board upheld the calculation based on the…
W.C. and Department of Labor, Mine Safety & Health Administration, Whitesburg, KY
W.C. (ECAB 09-1435): Compensation termination for refusing suitable work affirmed
W.C., a mine inspector, received compensation after a left knee injury. His employer offered him a full-time physical science technician job that did not require kneeling or crawling. The Board found the job fit his orthopedic surgeon’s restrictions and that another physician had not adequately…
E.K. and U.S. Postal Service, Collegeville Post Office, Collegeville, PA
E.K. (ECAB 09-1330): Termination of back injury benefits affirmed
E.K., a postal carrier, had an accepted temporary aggravation of preexisting back disease after a 2002 work injury, and OWCP authorized back surgery. He disputed the termination of wage-loss and medical benefits after that surgery. Physicians disagreed about whether the work injury caused lasting…
C.C. and Social Security Administration, Regional Office, Greeley, CO
C.C. (ECAB 09-0963): Termination of wrist benefits affirmed
C.C., a Social Security Administration service representative, had accepted bilateral carpal tunnel syndrome and wrist tendinitis. OWCP terminated her compensation and medical benefits effective June 18, 2008 after a second-opinion physician found no objective residuals of those conditions. The…
J.P., claiming as widow of F.P., and Department of Energy, Germantown, MD
J.P. (ECAB 10-0630): Survivor claim reopened for merits review
J.P. sought survivor benefits after the death of her husband, a Department of Energy maintenance mechanic. OWCP denied the claim and later refused to reopen it despite a new internist’s report discussing possible links between workplace exposure and the lung disease that preceded his death. OWCP…
P.Y. and U.S. Postal Service, Post Office, Trenton, NJ
P.Y. (ECAB 09-2136): Denial of right leg impairment award affirmed
P.Y., a postal mail processor, sought a schedule award after OWCP accepted a work-related cellulitis condition in her right leg. A physician rated impairment in both legs based on swelling and a vascular diagnosis. The Board found that his report did not explain how the accepted right leg…
A.C. and Department of Veterans Affairs, San Francisco VMAC, San Francisco, CA
A.C. (ECAB 09-2082): Chair incident injury denial affirmed
A.C., an information technology specialist, reported shoulder and other pain after his chair tilted forward at work. OWCP accepted that the incident occurred but denied the claim for lack of medical evidence establishing an injury caused by it. The only report submitted to OWCP was signed by a…
W.F. and U.S. Postal Service, Post Office, Memphis, TN
W.F. (ECAB 09-2017): Occupational disease claim denial affirmed
W.F., a postal mail handler, attributed a hemorrhoid condition to lifting heavy mail trays and sacks. His supervisor confirmed that lifting was part of the job. A physician documented the condition and recommended lifting restrictions, but did not explain whether work caused or aggravated it. The…
R.N. and Department of the Army, Fire Protection Division, Fort Belvoir, VA
R.N. (ECAB 09-1882): $1,933 overpayment recovery affirmed
R.N., an Army firefighter, received wage-loss benefits after an accepted arm injury and then returned to a shorter weekly schedule. OWCP found that a payment for January 2009 used the wrong work schedule, creating a $1,933 overpayment. The Board upheld that amount. OWCP found R.N. was not at fault…
B.B. and U.S. Postal Service, Processing & Distribution Center, Gaithersburg, MD
B.B. (ECAB 09-1858): Asthma recurrence denials affirmed
B.B., a postal distribution clerk, had an accepted temporary aggravation of asthma from workplace dust. She claimed disability for several periods in 2008 and sought benefits as a recurrence of the earlier condition. The Board found that her physician’s reports did not explain a spontaneous change…
Z.K. and U.S. Postal Service, Post Office, Columbus, OH
Z.K. (ECAB 09-1618): Wage-loss and new back injury denials affirmed
Z.K., a postal letter carrier with an accepted 2007 back sprain, sought wage-loss compensation for July through September 2008. He also claimed a new back injury while sorting mail on July 12, 2008. The Board found the medical reports did not explain disability during the claimed period caused by…
L.M. and Department of Transportation, Federal Aviation Administration, Renton, WA
L.M. (ECAB 09-1594): Fragrance exposure injury denial affirmed
L.M., a Federal Aviation Administration employee, reported a perfume-like odor entering her office, followed by migraine symptoms and an early departure from work. The Board found her account consistent enough to establish that the reported workplace incident occurred. It nevertheless held that her…
Martorell Construction Company and its Successors
Default case remanded to assess missed hearing
The judge affirmed three serious construction violations and $4,500 in penalties after Martorell failed to appear at the hearing. Martorell later claimed that it had not received written hearing notices and did not remember receiving verbal notice. The Commission treated the filing as a request to…
S.F. and Department of the Navy, Naval Station Treasure Island, San Francisco, CA
S.F. (ECAB 09-1314): Rescission of emotional condition claim affirmed
OWCP had accepted an adjustment disorder claim by S.F., a Navy supervisory engineer, and later rescinded that acceptance. The Board found OWCP had explained why the events S.F. cited did not establish a compensable employment factor. The personnel and administrative actions were not shown to…
Casby G. Bowman v. Bowman Coal Company, Incorporated and American Business & Mercantile Reassurance Company
Bowman v. Bowman Coal (BRB 07-0320 BLA): counsel given time to support fee rates
After counsel represented Casby Bowman in a black lung appeal, the firm requested $4,457.50 for work by three attorneys and a legal assistant. The employer argued that the requested hourly rates lacked market evidence and that some time was excessive. The Board found the petition incomplete because…
J.D. and U.S. Postal Service, Post Office, Kissimmee, FL
J.D. (ECAB 09-2178): Late reconsideration denial affirmed
J.D., a postal letter carrier, claimed a back injury after lifting empty mail tubs in April 2007. OWCP denied that claim because the evidence did not establish that the injury happened as alleged. He requested reconsideration more than a year after OWCP’s last merits decision and submitted a…
B.S. and U.S. Postal Service, Post Office, Cincinnati, OH
B.S. (ECAB 09-2114): Hearing loss award of 26 percent affirmed
B.S., a postal mail processing mechanic, attributed his hearing loss to years of machine noise at work. OWCP accepted his bilateral hearing loss claim and awarded compensation for a 26 percent impairment. He appealed for a larger award. The Board found that OWCP’s medical adviser correctly…
K.M. and Department of Justice, Detroit Immigration Court, Detroit, MI
K.M. (ECAB 09-2046): Elbow injury claim denial affirmed
K.M., a legal clerk at the Detroit Immigration Court, attributed an elbow condition to heavy lifting at work. Her physician diagnosed epicondylitis and cubital tunnel syndrome and performed surgery. OWCP denied the claim after an earlier Board remand, finding the medical evidence did not establish…
T.B. and U.S. Postal Service, Lancaster Processing & Distribution Center, Lancaster, PA
T.B. (ECAB 09-1903): Increased wrist impairment claim sent back for medical review
T.B., a postal distribution clerk, had accepted right wrist and forearm injuries and received a schedule award for 14 percent right arm impairment. He later submitted a physician’s report rating his impairment at 30 percent under a newer edition of the medical guides. OWCP’s hearing representative…
M.B. and U.S. Postal Service, Trenton Processing & Distribution Center, Trenton, NJ
M.B. (ECAB 09-1813): $321.18 compensation overpayment upheld
M.B., a postal clerk receiving disability compensation for accepted back injuries, returned to part-time work in April 2009. She deposited a compensation check that also covered days when she was working. OWCP determined that $321.18 of the payment exceeded the wage-loss compensation due for that…
S.S. and U.S. Postal Service, Mandarin Post Office, Jacksonville, FL
S.S. (ECAB 09-1738): Benefit forfeiture and insurance overpayment upheld
S.S., a postal carrier receiving compensation for accepted back injuries, pleaded guilty to making a false statement on a benefits form about her dependent son. The Board held that the conviction triggered forfeiture of FECA benefits for injuries occurring on or before March 31, 2009. In a separate…
D.R. and Department of the Army, Fort Polk, LA
D.R. (ECAB 09-1537): $20,281.73 dual-benefit overpayment upheld
D.R., an Army employee receiving compensation for an accepted back injury, also received Social Security benefits attributable to his federal service. OWCP had not offset that portion of his benefits from September 1998 through February 2009, creating a $20,281.73 overpayment. The Board agreed that…
L.D. and U.S. Postal Service, Post Office, Kearny, NJ
L.D. (ECAB 09-1503): Carpal tunnel disability claim sent back for medical development
L.D., a postal distribution clerk, had an accepted claim for bilateral carpal tunnel syndrome but was denied disability compensation for part of 2007. Her physician said the condition kept her from casing mail, based on examinations and her work history. The Board found that his reports supported a…
T.S. and U.S. Postal Service, Post Office, San Bernardino, CA
T.S. (ECAB 09-1256): Recurrence of disability denial affirmed
T.S., a postal carrier with accepted wrist and hand conditions, sought compensation for a claimed return of total disability after a dispute over a modified job offer. Her treating physician initially declined to approve the offered duties and approved them after an on-site evaluation in August…
M.L. and U.S. Postal Service, Post Office, Oakland, CA
M.L. (ECAB 09-0956): Reconsideration denials sent back for fuller explanation
M.L., a postal carrier, sought to reopen an emotional condition claim denied for lack of a proven compensable work factor. Her late reconsideration requests relied on an Equal Employment Opportunity decision finding disability discrimination and harassment at work. The Board said that decision was…
Newmont USA Limited v. Secretary of Labor
Broken femur did not trigger 15-minute reporting
A Newmont miner's boot was caught by a moving haul-truck tire, twisting him and fracturing his femur. He remained alert and responsive with good vital signs, and the responding emergency medical technician did not believe the injury had a reasonable potential to cause death. Newmont did not notify…
Jim Walter Resources, Inc. v. Secretary of Labor
Broad enforcement-history discovery blocked
Jim Walter Resources sought MSHA's enforcement history, investigation files, documents, and representative testimony concerning section 77.1710(g) citations issued over roughly seven years to the company and its contractors. The Secretary requested a protective order, arguing that the material was…
Patricia Irby, on behalf of the minor children of Stephen S. Helvenston, v. Blackwater Security Consulting
Irby v. Blackwater Security Consulting (BRB 09-0548): Coverage questions require a hearing
Patricia Irby sought Defense Base Act death benefits for Stephen Helvenston's minor children after he died while working for Blackwater Security Consulting in Iraq. Blackwater accepted liability and began paying benefits, but Irby disputed entry of a compensation order while pursuing separate…
Larry Maggard v. International Coal Group, Knott County, LLC
Maggard v. International Coal Group (BRB 09-0271 BLA): counsel given time to amend fee petition
Counsel for Larry Maggard requested $1,100 for work in a black lung appeal: $975 for attorney work and $125 for a legal assistant. The employer objected that the hourly rates were excessive. The Board found the petition incomplete because it omitted counsel's and the assistant's normal billing…
S.E. and Department of Veterans Affairs, West Los Angeles Veterans Administration Medical Center, Los Angeles, CA
S.E. (ECAB 09-2047): Right thumb injury claim denial affirmed
S.E., a Veterans Affairs food service worker, reported that a refrigerator door closed on her right thumb while she pushed a cart at work. OWCP accepted that the incident occurred but denied her injury claim. The Board found that her physician diagnosed thumb conditions years later without…
R.K. and Department of the Interior, National Park Service, Yosemite, CA
R.K. (ECAB 09-1920): Refusal to reopen leg impairment claim affirmed
R.K., a National Park Service telecommunications specialist, received a schedule award for three percent right leg impairment after an accepted back injury. He asked OWCP to reconsider the award but submitted no new medical evidence or legal argument. The Board found that the request did not meet…
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.