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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M.R. and U.S. Postal Service, Post Office, Aspen Hill, MD
M.R. (ECAB 09-1593): Vehicle accident injury claim denial affirmed
M.R., a postal letter carrier, reported a motor vehicle accident while working and claimed a back and neck injury. OWCP accepted that the accident occurred in the performance of duty but denied the claim because no medical evidence established an injury from it. The Board agreed that the accident…
F.S. and Department of Homeland Security, Transportation Security Administration, Erlanger, KY
F.S. (ECAB 09-1573): Public crosswalk fall outside performance of duty
F.S., a TSA security screener, fell in a public crosswalk while walking from a short-term airport parking lot to her work terminal. OWCP denied her claim because the fall did not occur in the performance of duty. The Board found that the lot and crosswalk were open to the public and were not…
K.V. and U.S. Postal Service, Post Office, Denver, CO
K.V. (ECAB 09-1444): Wage-loss overpayment and waiver denial affirmed
K.V., a postal custodian with accepted lumbar conditions, received wage-loss compensation while working a seven-hour daily schedule. OWCP recalculated her wage-earning capacity and found that her actual earnings exceeded the current wages of her job at injury, leaving no wage loss for the period at…
L.M. and U.S. Postal Service, Post Office, Monroe, MI
L.M. (ECAB 09-1344): Duplicate-pay overpayment and recovery affirmed
L.M., a postal rural carrier, worked a limited schedule after an accepted injury. Payroll sometimes gave her paid leave for a full day while OWCP paid compensation for part of the same day. The Board upheld OWCP’s $1,144.52 overpayment calculation after accounting for health premiums that had been…
L.B. and Department of the Air Force, Columbus Air Force Base, Columbus, MS
L.B. (ECAB 09-1327): Health premium overpayment recovery affirmed
L.B., an Air Force painter with an accepted injury, had family health coverage while OWCP deducted premiums at the lower self-only rate for more than a decade. The Board upheld the resulting $8,085.65 overpayment. OWCP found him without fault, and he submitted a financial questionnaire, but he did…
D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Columbia, SC
D.B. (ECAB 09-1952): Reconsideration of arm impairment award denied
D.B., a VA nurse, had accepted right elbow epicondylitis and a prior award for nine percent right arm impairment. OWCP later denied a larger award, and she sought reconsideration. A physician said her impairment had increased but did not give a new percentage or explain a calculation under the…
H.S. and U.S. Postal Service, Post Office, New York, NY
H.S. (ECAB 09-1878): Work vehicle collision injury denial affirmed
H.S., a postal tractor-trailer operator, was driving for work when other vehicles struck his truck. OWCP accepted that the collision occurred in the performance of duty but denied his claimed back and neck injury. His physician released him to work and noted no impairment but did not diagnose a…
C.W. and Department of Veterans Affairs, Office of the General Counsel, Washington, DC
C.W. (ECAB 09-1846): Wage-loss claim after shoulder injury denied
C.W., a VA legal assistant, injured her right shoulder and upper arm in a work fall. OWCP paid wage-loss compensation through November 2007, and she later sought compensation for the next eight months. Her physician gave work-excuse slips and described pain but also said he was uncertain what…
S.L. and U.S. Postal Service, Bulk Mail Center, Dallas, TX
S.L. (ECAB 09-1778): Leg impairment award returned after erroneous offset
S.L., a postal mail handler, sought a schedule award after an accepted back injury. A physician rated six percent right leg impairment, but OWCP awarded only three percent after deducting what its medical adviser thought was a prior award. The Board found that the record showed no prior schedule…
S.A. and U.S. Postal Service, Processing & Distribution Center, Chicago, IL
S.A. (ECAB 09-1627): Benefit termination remanded, overpayment upheld
S.A., a postal clerk, had accepted wrist and hand conditions and received wage-loss compensation. OWCP ended her wage-loss and medical benefits based on a referee physician’s opinion that her accepted conditions had resolved. The Board found that OWCP’s later list of accepted conditions included…
T.G. and Department of Veterans Affairs, Veterans Administration Medical Center, Salisbury, NC
T.G. (ECAB 09-1571): Four claimed treatment and disability dates denied
T.G., a VA health technician, had accepted ankle, neck, and right shoulder conditions after a work fall. She requested wage-loss compensation for time spent in treatment or away from work on several dates. OWCP allowed some dates but denied four specific claims totaling 20 hours. The Board found…
N.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Coatsville, PA
N.F. (ECAB 09-1356): Pharmacy clerk wage-capacity reduction reversed
N.F., a VA nursing assistant with accepted arm conditions, returned to a pharmacy clerk position. OWCP treated her earnings in that job as proof that she had no wage loss and reduced compensation. The impartial physician had assessed a different, clothing room job, and OWCP did not show whether the…
D.S. and Department of the Navy, Naval Submarine Base, Groton, CT
D.S. (ECAB 09-1333): Dizziness recurrence claim denial affirmed
D.S., a Navy fuel systems foreman, fell from a truck platform at work in 1997. OWCP accepted a scalp wound and head and neck contusion. Years later, he sought benefits for recurring dizziness, which he attributed to the fall. The Board found that his medical records did not explain how the accepted…
R.S. and U.S. Postal Service, Post Office, Dayton, OH
R.S. (ECAB 09-1331): Ten percent right leg award sustained with revised reasoning
R.S., a postal letter carrier, received a schedule award for 10 percent permanent right leg impairment after an accepted knee injury. He sought a higher rating based on other physicians’ estimates. The Board found that OWCP had wrongly called one examiner an impartial referee, because the…
R.C. and Department of Labor, Occupational Safety & Health Administration, Jacksonville, FL
R.C. (ECAB 09-2132): Federal-service Social Security offset affirmed
R.C., a DOL safety officer, received FECA compensation and Social Security retirement benefits during 2000 through 2003. OWCP found that the portion of his Social Security benefit attributable to federal service should have offset his FECA payments and calculated a $7,175.08 overpayment. The Board…
R.C. and Department of Labor, Occupational Safety & Health Administration, Jacksonville, FL
R.C. (ECAB 09-2131): Later federal retirement offset affirmed
R.C., a DOL safety officer, received both FECA compensation and Social Security retirement benefits during September 2003 through August 2008. OWCP determined that the part of his Social Security benefit attributable to federal service should have been deducted from FECA compensation, creating a…
B.S. and U.S. Postal Service, Post Office, Coppell, TX
B.S. (ECAB 09-1968): Wage-capacity modification denied
B.S., a postal clerk with accepted back and hand conditions, returned to a permanent modified position. OWCP used her actual earnings to calculate a two percent wage-earning capacity loss. She later stopped work and sought a change to that determination, citing increased back pain. The Board found…
B.S. and U.S. Postal Service, Post Office, Troy, NY
B.S. (ECAB 09-1834): Increased shoulder impairment award denied
B.S., a postal mail handler, had an accepted right shoulder condition and a prior award for 12 percent arm impairment. He sought a higher award after shoulder surgery. The Board found that one evaluation noted self-limiting behavior, while a later physician’s shoulder measurements differed greatly…
K.J. and U.S. Postal Service, Suburban Processing & Distribution Center, Gaithersburg, MD
K.J. (ECAB 09-1825): Back injury incident accepted, reconsideration remanded
K.J., a postal clerk, said a tray handle broke while he was bending during an overnight shift, injuring his back. OWCP had doubted that the event occurred because the claim form showed both September 24 and 25. The Board found the dates consistent with a shift crossing midnight and accepted that…
D.C. and Department of the Army, Anniston Army Depot, Anniston, AL
D.C. (ECAB 09-1759): Two percent shoulder award affirmed
D.C., an Army information technology specialist, fractured her right upper arm in a work fall. OWCP awarded compensation for two percent permanent impairment of that arm, and she sought the six percent rating proposed by two physicians. The Board found that neither physician explained how the…
A.A. and U.S. Postal Service, Bayamon Branch Office, Bayamon, PR
A.A. (ECAB 09-1661): Emotional condition claim denial affirmed
A.A., a postal rural carrier, attributed an emotional condition to a supervisor’s direction about leaving keys, scanners, and mail at work during one shift. The Board had previously found no established compensable factor for that incident. In this appeal, additional statements and discrimination…
F.C. and U.S. Postal Service, Vehicle Maintenance Facility, Staten Island, NY
F.C. (ECAB 09-1456): Schedule award and hearing denials affirmed
F.C., a postal vehicle mechanic, sought a schedule award after an accepted 1992 lower back sprain. The Board found no medical evidence tying permanent impairment of a scheduled body member to that accepted injury. A physician described a lasting back disability but did not calculate impairment of a…
M.P. and U.S. Postal Service, Lakewood Post Office, Dallas, TX
M.P. (ECAB 09-1309): Overpayment upheld, benefit termination reversed
M.P., a postal employee, received compensation after an accepted injury to his neck, back, shoulders, and upper arms. The Board found that he knowingly failed to report employment and earnings on a September 2007 disclosure form, forfeiting compensation for the form’s 15-month period. It upheld…
Secretary of Labor v. Tarmac America, LLC
Reopening request withdrawn after payment decision
Tarmac America asked the Commission to reopen a final penalty assessment. Eight days later, the company decided to pay the assessment in full. Its counsel asked to withdraw the pending reopening request. The Commission granted the withdrawal.
Secretary of Labor v. Orchard Coal Company, S & M Coal Company, Alfred Brown Coal Company, and B & B Coal Company
Secretary of Labor v. Orchard Coal Company, et al. (FMSHRC PENN 2010-342-E): Four anthracite mines ordered to upgrade emergency communications
Four small underground anthracite operators submitted emergency response plans that retained hard-wired telephone and manual tracking systems instead of upgraded wireless communication and electronic tracking. They cited concerns that radio-frequency devices could prematurely detonate blasting caps…
P.G. and U.S. Postal Service, Post Office, Canfield, OH
P.G. (ECAB 09-2052): Total disability recurrence denial affirmed
P.G., a postal clerk, returned to a part-time modified assignment after an accepted neck, back, face, and knee injury. She later stopped work and claimed total disability starting December 12, 2008. The Board found no evidence that her accepted condition had worsened or that the requirements of her…
E.M. and Department of the Navy, Naval Air Systems Command, San Diego, CA
E.M. (ECAB 09-1987): Termination of compensation affirmed
E.M., a Navy aircraft mechanic, had an accepted temporary aggravation of degenerative disc disease in his lower back. OWCP terminated his compensation after its referral physician concluded that the work-related aggravation had resolved and his continuing symptoms were unrelated to it. The Board…
A.J. and U.S. Postal Service, Post Office, Grand Rapids, MI
A.J. (ECAB 09-1840): Intermittent disability claim denial affirmed
A.J., a postal employee, sought compensation for intermittent missed work between June 2003 and November 2004. In an earlier appeal, the Board had found the medical support for those dates insufficient. On reconsideration, A.J. submitted a list of missed hours and newer medical reports discussing…
J.S. and Department of the Army, Aberdeen Proving Ground, Aberdeen, MD
J.S. (ECAB 09-1640): Part of forfeiture set aside and overpayment recalculation ordered
J.S., a former Army equipment operator receiving injury compensation, did not disclose outside employment on three benefit reporting forms. The Board upheld forfeiture for October 5, 2002 through January 27, 2006 and found him at fault for the resulting overpayment, barring a waiver. It set aside…
T.R. and Department of the Treasury, Internal Revenue Service, Jacksonville, FL
T.R. (ECAB 09-1579): Headset injury claim denial affirmed
T.R., an IRS contract representative, reported an electric shock sensation while wearing a telephone headset at work. OWCP accepted that the incident occurred but denied her claim for injuries to her face, mouth, and right ear. The Board found that the medical reports described symptoms without a…
C.P. and Department of Homeland Security, Customs and Border Protection, Port of Laredo, TX
C.P. (ECAB 09-1536): Additional left leg schedule award denied
C.P., a customs inspector, had received a schedule award for 21 percent impairment of his left leg after accepted leg conditions. He sought a larger award based on medical reports rating greater impairment. An impartial examiner rated 14 percent impairment and found no permanent impairment from the…
C.P. and U.S. Postal Service, Post Office, West Houston, TX
C.P. (ECAB 09-1535): Wage earning capacity modification denied
C.P., a postal mail processor, returned to a modified clerk position after accepted back, neck, and wrist conditions. OWCP based a 2004 wage earning capacity determination on her actual earnings in that position. She later sought modification, citing worsening symptoms and medical opinions that she…
S.H. and U.S. Postal Service, Post Office, Cincinnati, OH
S.H. (ECAB 09-1365): Claimed periods of total disability denied
S.H., a postal mail handler, had accepted neck and back conditions after a coworker bumped her at work. She claimed total disability for periods in 2007 and 2008 after leaving a modified assignment. The Board found that one treating physician’s reports conflicted: he described total disability but…
E.B. and Department of Homeland Security, U.S. Customs and Border Protection, Newark, NJ
E.B. (ECAB 09-1321): Five percent awards for both legs affirmed
E.B., a border protection officer, sought a larger schedule award after accepted injuries to both knees and surgery on each. His physician rated 30 percent impairment of each leg, while OWCP awarded five percent for each. The Board found that the higher rating did not properly apply the impairment…
Eshbach Brothers, LP
Portland-cement washing citation affirmed
About 20 Eshbach masonry employees handled portland cement at a construction project. Workers used a hose and water barrel to wash cement from their skin, but OSHA requires clean water, non-alkaline soap, and clean towels because wet cement can cause severe burns. Eshbach argued that a bathroom in…
National Association of Government Employees, Local R1-187, Service Employees International Union (Union) and United States Department of Veterans Affairs, Boston Healthcare System, Brockton, Massachusetts (Agency)
NAGE Local R1-187 and VA Boston (FLRA 0-NG-2981): tuberculosis policy petition dismissed
The VA Boston Healthcare System proposed annual tuberculosis testing for employees. A union representing nurses and nurse practitioners proposed voluntary testing for current employees and agency payment for required examinations. The VA Under Secretary of Health determined that the proposals…
National Treasury Employees Union, Chapter 178 (Union) and United States Department of Homeland Security, United States Customs And Border Protection, Eagle Pass, Texas (Agency)
NTEU Chapter 178 and CBP Eagle Pass (FLRA 0-AR-4554): arbitration exception denied
NTEU Chapter 178 challenged an arbitrator's award in a dispute involving an employee's bid preferences at Customs and Border Protection in Eagle Pass. The union disputed the finding that the employee's third bid was incomplete. The Authority found no basis to set aside the award as a factual error…
Social Security Administration (Agency) and American Federation of Government Employees, Local 1923 (Union)
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-4208): attorney travel fees upheld
An arbitrator ordered the Social Security Administration to restore four hours of annual leave after an employee was denied an excused absence during excessive heat at work. In a later award, the arbitrator granted the union attorney fees and travel costs under the Back Pay Act. The Authority…
Rocky Well Service, Inc. and Edward J. Klockenkemper
In re Rocky Well Service, Inc. and Edward J. Klockenkemper (EAB SDWA Appeal Nos. 08-03 and 08-04): liability and penalty affirmed
Rocky Well Service, Inc. and Edward J. Klockenkemper operated six Class II underground injection control wells subject to an EPA-approved Illinois program. The EAB affirmed findings that they failed to perform required mechanical integrity testing and failed to submit annual monitoring reports. The…
American Federation of Government Employees, Local 1395 (Union) and Social Security Administration (Agency)
AFGE Local 1395 and Social Security Administration (FLRA 0-AR-4321): technician overtime award upheld
The Social Security Administration reassigned employees to technical support jobs that required training for several duties. AFGE Local 1395 said delays in Medicare training deprived 55 technicians of overtime opportunities under the parties' agreements. An arbitrator found that the agency had…
Allstate Services, Ltd. d/b/a A&R Demoltion
Interim lead-protection item withdrawn on review
Allstate demolished lead-painted piping without first measuring employee lead exposure. The judge affirmed an exposure-assessment item and an interim-protection item, with $1,250 penalties for each, while vacating a lead-communication item. The Commission limited review to the interim-protection…
United States Department of the Treasury, Internal Revenue Service, Oklahoma City, Oklahoma (Agency) and National Treasury Employees Union, Chapter 45 (Union)
IRS Oklahoma City and NTEU Chapter 45 (FLRA 0-AR-4474): retained grade and pay restored
An IRS employee facing a reduction in force accepted a lower graded secretary position after the agency assured her that she would retain her grade and pay. Nearly two years later, the IRS ended those benefits, and an arbitrator ordered them restored retroactively. The Authority acknowledged that…
United States Department of Veterans Affairs Medical Center, Richmond, Virginia (Agency) and American Federation of Government Employees, Local 2145 (Union)
Richmond VA Medical Center and AFGE Local 2145 (FLRA 0-AR-4383): overtime backpay award upheld
An arbitrator found that the Richmond VA Medical Center had failed to distribute overtime under its labor agreement, but left the backpay amount for the parties to determine. After the parties could not resolve payment, a second arbitrator found the union's enforcement grievance timely and ordered…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association, AFL-CIO (Union)
FAA and NATCA (FLRA 0-AR-4378): extra duty reinstatement struck from suspension award
The FAA suspended an employee for five days, and an arbitrator found that the charges did not support the discipline. She ordered the suspension removed and lost pay restored, but also ordered the FAA to return several other duties to the employee. The Authority rejected the FAA's challenge to the…
Sport Air Traffic Controllers Organization (Union) and United States Department of the Air Force, Edwards Air Force Base, California (Agency)
Sport Air Traffic Controllers and Edwards Air Force Base (FLRA 0-AR-4340): supervisory hiring grievance dismissed
A union at Edwards Air Force Base challenged the filling of a supervisory position, alleging that it had been held open for a retiring service member in violation of federal law. An arbitrator dismissed the grievance because the position was outside the bargaining unit covered by the parties'…
Matter of H-L-H- & Z-Y-Z-
China family planning evidence did not establish persecution
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's grant of asylum to a Chinese couple who feared forced sterilization and severe sanctions after returning to Fujian Province with two United States citizen children. The Board held that the record did not…
United States Department of Homeland Security, United States Customs and Border Protection, Dallas, Texas (Agency) and National Treasury Employees Union, Chapter 140 (Union)
CBP Dallas and NTEU Chapter 140 (FLRA 0-AR-4374): on-call backpay award set aside
Customs and Border Protection assigned employees at its Dallas-Fort Worth port to be available for calls outside regular hours. An arbitrator ordered backpay for an employee who had not volunteered to carry a phone or leave a number, relying on the parties' agreement. The Authority held that the…
Secretary of Labor v. Black Beauty Coal Company
Three berm violations upheld with $16,543 penalty
MSHA cited inadequate overtravel protection at three locations in Black Beauty Coal Company's Somerville Central surface mine. Judge Margaret A. Miller found that a dragline bench became an elevated roadway when a service truck traveled within 18 feet of a 50-foot drop without an adequate berm. She…
American Federation of Government Employees, Local 1164 (Union) and Social Security Administration, Somerville, Massachusetts (Agency)
AFGE Local 1164 and Social Security Administration (FLRA 0-AR-4392): two-day suspension upheld
The Social Security Administration suspended a union officer for two days over comments and conduct in its Somerville office. An arbitrator upheld the discipline. The union argued that the comments were protected union activity and that the arbitrator relied on factual mistakes. The Authority found…
M.G. and U.S. Postal Service, Post Office, City of Industry, CA
M.G. (ECAB 09-1511): Augmented compensation overpayment affirmed
M.G., a postal clerk, received schedule award payments at the higher rate for claimants with dependents after his wife died. The Board found that his adult daughter and two grandchildren did not qualify as dependents under the Act, so the higher payments created a $3,858.31 overpayment. OWCP waived…
J.P. and Department of Labor, Mine Safety & Health Administration, Vincennes, IN
J.P. (ECAB 09-2044): Two percent right leg impairment award affirmed
J.P., a mine safety inspector, injured his right knee when he stepped in a hole at work. OWCP accepted a knee sprain and medial meniscus tear, then awarded 5.76 weeks of compensation for a two percent permanent impairment of his right leg. His surgeon rated the impairment at four percent, but did…
S.B. and U.S. Postal Service, Research Triangle Park Station, Durham, NC
S.B. (ECAB 09-1996): Denial of continuing compensation affirmed
S.B., a postal employee, injured his lower back in a fall at work in 2002. OWCP ended his compensation benefits in 2005, and the Board had upheld that termination in an earlier appeal. Seeking to restore benefits, S.B. submitted another report from his orthopedic surgeon. The Board found that the…
D.T. and Department of the Treasury, Internal Revenue Service, Oakland, CA
D.T. (ECAB 09-1623): Denial of intermittent wage loss affirmed
D.T., an IRS customer service representative, injured her right hand at work in 2005. OWCP accepted a hand contusion and later accepted tenosynovitis, but denied her claim for wages lost on intermittent dates in 2007. Her doctors reported pain, swelling and periods away from work. The Board found…
C.W. and U.S. Postal Service, Post Office, Los Angeles, CA
C.W. (ECAB 09-1466): Denial of intermittent wage loss affirmed
C.W., a postal letter carrier with accepted back injuries, worked a limited-duty assignment and sought compensation for intermittent time away from work in 2005. He said the Postal Service lacked suitable work within his medical restrictions. The Board found that the record did not show suitable…
E.B. and U.S. Postal Service, Post Office, Oxnard, CA
E.B. (ECAB 09-1360): Termination of compensation reversed
E.B., a postal letter carrier, received compensation for an accepted work-related lumbar strain. OWCP terminated his benefits based on a second-opinion doctor’s view that the strain had resolved. His treating doctors disagreed about whether the strain remained and whether his work caused or…
M.J. and U.S. Postal Service, Irving Park Road Processing & Delivery Center, Chicago, IL
M.J. (ECAB 09-1291): Compensation reduction for missed rehabilitation affirmed
M.J., a postal mail clerk receiving compensation for bilateral carpal tunnel syndrome, was referred to vocational rehabilitation after an examiner found she could perform restricted work. She agreed to a placement plan but missed training, did not provide required job contact records and did not…
P.W. and Department of Justice, Bureau of Prisons, Federal Correctional Institute, Memphis, TN
P.W. (ECAB 09-1289): No additional right leg schedule award
P.W., a correctional officer, injured his right knee at work and sought a schedule award after surgery. OWCP denied a new award because it found two percent impairment from this injury and he had already received awards totaling seven percent for the same leg. The Board found that his surgeon’s…
N.W. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
N.W. (ECAB 09-1008): Wage capacity ruling set aside and returned to OWCP
N.W., a former Navy sandblaster with accepted back injuries, received a reduced wage loss benefit after OWCP found that he could earn wages as a quality assurance analyst. He sought to change that determination, arguing that his computer training had not prepared him for the job. The Board found…
American Federation of Government Employees, Local 3020 (Union) and Untied States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Minersville, Pennsylvania (Agency)
AFGE Local 3020 and Bureau of Prisons (FLRA 0-AR-4318): attorney-fee denial sent back for explanation
A Bureau of Prisons employee received a suspension for allegedly failing to submit medical documentation after sick leave. An arbitrator found that the employee had followed the instructions given to him, set aside the discipline, and awarded backpay, but denied the union's request for attorney…
Secretary of Labor v. Ames Construction, Inc.
Contractor liable for unsafe pipe unloading
A truck driver delivered nine plastic pipes, each about 50 feet long and weighing about 3,000 pounds, to a tailings facility where Ames Construction supervised unloading. Two Ames crew members left to retrieve a forklift, while a third remained nearby without giving the driver the safety…
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.