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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P.E. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
P.E. (ECAB 09-1760): Continuation of pay denied because injury form was late
P.E., a Veterans Affairs nursing assistant, filed an injury form after she said she hurt her back while moving a patient. OWCP accepted the back injury but denied continuation of pay because the written form was filed more than 30 days after the alleged February 9, 2009 injury. P.E. said processing…
C.J. and U.S. Postal Service, Post Office, Omaha, NE
C.J. (ECAB 09-1669): Refusal to reopen tinnitus claim affirmed
C.J., a former postal employee, sought to reopen his claim for wage loss compensation based on work-related tinnitus. A prior Board decision had upheld the denial because he had not supplied sufficient medical evidence of disability. His new reconsideration request argued that the Postal Service…
G.B. and U.S. Postal Service, Processing & Distribution Center, Santa Clarita, CA
G.B. (ECAB 09-1624): Timely reconsideration request returned for review
G.B., a postal employee, sought wage loss compensation related to an accepted cervical condition. OWCP denied the claim and later refused to reconsider it, treating her request as late because it arrived five days after the one-year deadline. The Board found that the request was dated on the…
R.N. and Department of Homeland Security, Customs & Border Protection, Nogales, AZ
R.N. (ECAB 09-1617): Two percent right arm impairment award upheld
R.N., a border patrol supervisor, received a schedule award after an accepted right shoulder injury and surgery. His surgeon estimated three percent impairment but did not explain that figure using specific provisions of the applicable impairment guide. OWCP’s medical consultant calculated two…
P.P. and U.S. Postal Service, Post Office, Gaithersburg, MD
P.P. (ECAB 09-1590): Late reconsideration request did not show clear error
P.P., a postal employee with accepted right hand and wrist conditions, sought further review of a long disputed claim for a recurrence of disability. OWCP refused to reopen the claim because her reconsideration request came more than one year after the last merit decision and did not show clear…
S.J. and U.S. Postal Service, General Mail Facility, Milwaukee, WI
S.J. (ECAB 09-1567): Occupational disease claim filed after the three-year deadline
S.J., a former postal employee, filed a March 2007 occupational disease claim alleging depression and post-traumatic stress disorder from a hostile work environment. The Board found that he knew or should have known of the claimed work connection before his removal from employment in June 2002…
J.M. and Department of Veterans Affairs, Cleveland Veterans Administration Medical Center, Brecksville, OH
J.M. (ECAB 09-1563): Continuation of pay denied for late written claim
J.M., a Veterans Affairs nurse, injured her ankle while moving a patient. OWCP accepted the injury claim but denied continuation of pay because she filed her written claim more than 30 days after the injury. The Board held that her prompt oral report to a supervisor did not satisfy the separate…
B.M. and U.S. Postal Service, Post Office, Pittsburgh, PA
B.M. (ECAB 09-1538): Emotional and physical condition claim denied for lack of medical causation
B.M., a postal employee, claimed that workplace stress and disciplinary actions caused emotional and physical conditions. The Board found that an improper emergency suspension and actions leading to his January 2006 removal were compensable work factors. It found that other asserted incidents…
J.C. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
J.C. (ECAB 09-1441): Hearing abandonment ruling returned to OWCP
J.C., a Navy training specialist, sought benefits for injuries he said occurred when he stepped in a hole while leaving work. OWCP denied the injury claim, then found that he had abandoned his request for an oral hearing after missing the scheduled date. J.C. said the notice went to his former…
J.R. and U.S. Postal Service, Post Office, Quincy, MA
J.R. (ECAB 09-1238): Overpayment and recovery rate affirmed
J.R., a postal letter carrier, received disability compensation based on a higher pay rate after a later shoulder surgery. The Board found that she had remained in modified duty since her 1989 injury and had not resumed regular employment, so the later rate did not apply. It affirmed OWCP’s…
J.V. and Small Business Administration, Washington, D.C.
J.V. (ECAB 09-1154): Overpayment and denial of waiver affirmed
J.V., a Small Business Administration clerk, received wage loss compensation at the higher rate for employees with eligible dependents. OWCP found that her adult son and unadopted granddaughters did not qualify during the payment period, creating a $1,933.37 overpayment. The Board agreed with the…
D.L. and U.S. Postal Service, Post Office, Shamokin Dam, PA
D.L. (ECAB 09-1103): Emotional condition claim denied for lack of a compensable work factor
D.L., a postal window and distribution clerk, claimed that increased work demands, management conduct, and her removal from employment aggravated her emotional condition. OWCP denied the claim after finding no compensable work factor. The Board found that D.L. had not substantiated her account of…
United States Department of Energy, Oak Ridge Office, Oak Ridge, Tennessee (Agency) and Office and Professional Employees International Union, Local 2001 (Union)
Department of Energy and OPEIU Local 2001 (FLRA 0-AR-4508): Hiring remedy narrowed to the grievant
An employee challenged the Department of Energy's selection for a contract specialist position. An arbitrator found that the selected candidate did not meet the job posting's stated qualifications and that the agency had failed to give due weight to performance appraisals and awards. He ordered the…
American Federation of Government Employees, Local 3627 (Union) and Social Security Administration, Office of Disability Adjudication and Review, Raleigh, North Carolina (Agency)
Social Security Administration and AFGE Local 3627 (FLRA 0-AR-4385): Seven-day suspension upheld
A Social Security Administration case technician marked disability claim files closed in a database before mailing the decisions, then kept unfinished files in a drawer. The agency replaced its first seven-day suspension decision to correct procedural errors while retaining the same charges. An…
United States Department of the Navy, Navy Public Works Center, Naval Facilities Engineering Command Midwest, Great Lakes, Illinois (Agency) and National Association of Government Employees, Local R7-51 (Union)
Navy Public Works Center and NAGE Local R7-51 (FLRA 0-AR-4376): Medical examination award set aside
Six Navy employees removed cables and equipment from an area containing asbestos material. An arbitrator ordered the Navy to pay for annual medical examinations and certain examination costs after an employee left the agency. The Authority set aside that remedy because the employees were covered by…
Social Security Administration, Port St. Lucie District, Port St. Lucie, Florida (Agency) and American Federation of Government Employees, Local 2014 (Union)
Social Security Administration and AFGE Local 2014 (FLRA 0-AR-4356): Temporary promotion backpay limited to 120 days
Two Social Security Administration service representatives performed duties of higher graded claims representatives without temporary promotions. An arbitrator ordered nearly three years of backpay. The Authority upheld the finding that the employees were entitled to temporary promotions under…
Bremerton Metal Trades Council (Union) and United States Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington (Agency)
Bremerton Metal Trades Council and Navy (FLRA 0-AR-4237): Reconsideration of asbestos pay ruling denied
Shipyard workers sought environmental differential pay for asbestos exposure below the OSHA permissible exposure limit. After the Authority upheld an arbitrator's denial of the grievance, the union asked it to reconsider that decision. The Authority denied the request because the union repeated…
Secretary of Labor v. PC Sand & Gravel
Settlement approved at $784 after added support
PC Sand & Gravel and the Secretary asked to settle a civil penalty case that included vacating thirteen citations. Chief Judge Robert J. Lesnick initially required more information because the motion did not explain the citation withdrawals or provide facts supporting the agreed penalty. He…
Secretary of Labor v. Ohio County Coal Company, LLC
Methane-monitor and lifeline penalties reduced
MSHA cited Ohio County Coal after a continuous miner's methane monitor under-read a test mixture and the primary escapeway lacked lifeline in its final 1,000 feet. Judge Michael E. Zielinski affirmed both violations but found neither significant and substantial and reduced negligence to low. The…
F.T. and U.S. Postal Service, Post Office, Medford, OR
F.T. (ECAB 09-2145): Hearing denial upheld; injury claim returned for medical review
F.T., a postal mail processing clerk, claimed that repetitive mail handling caused neck and shoulder conditions. The Board upheld OWCP’s denial of her second hearing request because it sought review of a hearing abandonment decision that could be appealed to the Board. On the injury claim, the…
J.A. and Department of the Treasury, Internal Revenue Service, Richmond, VA
J.A. (ECAB 09-1732): Accident accepted but back injury claim denied
J.A., an Internal Revenue Service revenue agent, was in a traffic collision while driving to a taxpayer’s business and reported back discomfort. OWCP accepted that the accident occurred during work but denied his injury claim for lack of medical causation evidence. A physician’s initial form said…
M.B. and Department of Agriculture, Chicago, IL
M.B. (ECAB 09-1709): Recurrence claim reopened for medical review
M.B., a Department of Agriculture employee with an accepted lumbar strain, sought further treatment and recognition of degenerative disc disease as related to that injury. OWCP denied the recurrence claim and then refused to reopen it on reconsideration. M.B. supplied a new surgeon’s report linking…
J.M. and Department of the Interior, BIA-Regular Employee Functions, Sherman Indian High School, Riverside, CA
J.M. (ECAB 09-1646): Late oral hearing request denied
J.M., a kitchen helper at Sherman Indian High School, claimed an emotional condition related to alleged workplace harassment. OWCP denied the claim in December 2008, and she requested an oral hearing in May 2009. The Board held that the request came after the 30-day period for a hearing as of…
P.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Orlando, FL
P.H. (ECAB 09-1638): Emotional condition claim denied for lack of a compensable work factor
P.H., a Veterans Affairs cashier, claimed that an argument with her supervisor at work led to a heart attack. OWCP denied the claim after finding no compensable employment factor. The Board found that P.H. had not substantiated her allegations of verbal abuse during the February 6, 2008 meeting. It…
P.P. and U.S. Postal Service, Post Office, Des Moines, IA
P.P. (ECAB 09-1489): Separate upper back condition not established
P.P., a postal clerk, reported upper back and shoulder pain after lifting mail at work. OWCP accepted a left rotator cuff strain but denied her claim for a separate back condition. The Board found that her chiropractor discussed repetitive work duties rather than the single lifting incident, and…
R.M. and U.S. Postal Service, Post Office, Jackson, MI
R.M. (ECAB 09-1468): Termination of Achilles injury benefits upheld
R.M., a postal letter carrier, received benefits for a left Achilles tendon strain and aggravation of tendinitis after a work incident. His treating physician said he remained restricted to sedentary work, while an OWCP referral physician found the work injury resolved. An impartial orthopedist…
R.H. and Department of the Navy, Norfolk, VA
R.H. (ECAB 09-1195): Compensation suspension for missed examinations upheld
R.H., a former Navy firefighter receiving compensation for an accepted back injury, missed medical examinations arranged by OWCP. OWCP suspended his benefits and later scheduled more examinations after he requested reinstatement. He missed those appointments too, citing address changes, travel, and…
N.A. and U.S. Postal Service, Post Office, San Francisco, CA
N.A. (ECAB 09-1171): No additional arm impairment established
N.A., a postal letter carrier with accepted bilateral carpal tunnel syndrome and de Quervain’s disease, sought an additional schedule award. Her prior awards totaled 16 percent impairment of her right arm and 9 percent of her left. An examining surgeon found continuing residuals but reported normal…
Y.J. and U.S. Postal Service, Post Office, Capital Heights, MD
Y.J. (ECAB 09-0626): Two short periods of disability established
Y.J., a postal employee with an accepted back injury, claimed wage loss during three periods in 2005 and 2006. OWCP denied all three periods. The Board found that her treating physician’s examinations supported disability from June 13 to 18 and October 4 to 9, 2006. It found the evidence…
American Federation of Government Employees, Local 1045 (Union) and United States Department of Veterans Affairs Medical Center, Biloxi, Mississippi (Agency)
VA Medical Center Biloxi and AFGE Local 1045 (FLRA 0-AR-4386): Medical-record privacy grievance returned to arbitration
The union alleged that a VA medical center's practice allowed people without a legitimate need to access employees' private medical information. An arbitrator dismissed the grievance without deciding whether the practice violated the agreement or privacy laws. The Authority set aside that…
American Federation of Government Employees, Local 1916 (Union) and United States Department of Energy, National Energy Technology Laboratory, Pittsburgh, Pennsylvania (Agency)
Energy Technology Laboratory and AFGE Local 1916 (FLRA 0-AR-4348): Safety performance standard upheld
The Department of Energy laboratory introduced a pass/fail safety performance standard, and the union argued that it conflicted with the parties' agreement. An arbitrator denied the grievance. The Authority upheld his ruling because the agreement preserved management rights and the union had…
Social Security Administration, Office of Disability Adjudication and Review (Agency) and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers (Union)
Social Security Administration and Administrative Law Judges (FLRA 0-AR-4329): Credit-hours dispute returned to arbitrator
Social Security Administration administrative law judges challenged the agency's prohibition on earning credit hours after 6:00 p.m. An arbitrator found that the parties' agreement and federal flexible-schedule law allowed the hours. The Authority agreed that the federal law did not prohibit the…
National Labor Relations Board, Region 18, Minneapolis, Minnesota (Agency) and National Labor Relations Board Union (Union)
NLRB Region 18 and NLRB Union (FLRA 0-AR-4241): Credit hours for union duties upheld
An NLRB union official worked a flexible schedule and used approved official time for representational duties. The agency allowed her to earn credit hours beyond her regular schedule only when performing agency duties. An arbitrator found that the agreement allowed her to earn credit hours on the…
Mach Mining, LLC v. Secretary of Labor
Obstructed escapeway citation affirmed as S&S
Mach Mining's primary escapeway contained standing water, loose concrete blocks, a gob pile, steel track material, and a pallet of crib ties. Judge Avram Weisberger found that the combined conditions would hinder and delay miners during an emergency evacuation, particularly an injured miner or…
J.T. and Department of Veterans Affairs, San Juan Veterans Medical Center, San Juan, PR
J.T. (ECAB 10-0313): Late reconsideration request did not show clear error
J.T., a Veterans Affairs employee, sought to reopen a claim that she became totally disabled again after an accepted back injury. OWCP had denied that recurrence claim in a May 2000 merit decision. Her July 2008 reconsideration request included a new physician’s report connecting the claimed…
W.W. and Department of the Interior, Bureau of Reclamation, Denver, CO
W.W. (ECAB 09-1934): Wage-earning capacity challenge returned for merits review
W.W., a former Bureau of Reclamation employee, challenged a wage-earning capacity determination based on income from his vending machine business. OWCP treated his letters as late requests to reconsider an earlier decision and refused to review the merits. The Board found that, despite their…
S.F. and U.S. Postal Service, Post Office, Willowick, OH
S.F. (ECAB 09-1648): Work connection to lumbar condition not established
S.F., a postal letter carrier, claimed that heavy mail handling during a week in September 2004 caused or aggravated a lumbar condition. OWCP denied the claim, and the Board had previously upheld that denial for insufficient medical causation evidence. S.F. submitted additional reports from his…
S.K. and Mine Safety & Health Administration, South Central District, Carlsbad, NM
S.K. (ECAB 09-1527): Shoulder injury claim and late hearing request denied
S.K., a mine safety inspector, reported slipping on ice while placing a briefcase in his car during work travel. OWCP accepted that the incident occurred but denied his right shoulder injury claim. The Board found that a physician diagnosed shoulder impingement much later but did not explain how…
B.C. and Department of Veterans Affairs, Hefner Veterans Medical Center, Salisbury, NC
B.C. (ECAB 09-1484): Termination of compensation reversed
B.C., a Veterans Affairs nursing assistant, received benefits for accepted lumbar and cervical strains. OWCP terminated them after a referral physician said the strains had resolved and any continuing problems came from other conditions. The Board found that the physician had not adequately…
L.D. and U.S. Postal Service, Processing & Distribution Center, Cleveland, OH
L.D. (ECAB 09-1469): Four days of additional wage loss not established
L.D., a postal mail processor with accepted right shoulder and hand conditions, claimed additional wage loss for four hours on each of four dates in August 2008. OWCP had paid for time lost on other dates but denied these four days. Her physician said she could work her existing four-hour schedule…
D.B. and U.S. Postal Service, Post Office, Havelock, NC
D.B. (ECAB 09-1426): Additional left arm impairment award denied
D.B., a postal sales associate, received a five percent left arm impairment award after accepted wrist and radial nerve injuries and several surgeries. She sought an additional award based on her surgeon’s estimate of 10 percent impairment for weakness, pain, and reduced sensation. The Board found…
P.C. and Department of Homeland Security, Transportation Security Administration, Las Vegas, NV
P.C. (ECAB 09-1377): Luggage lifting injury claim returned for medical review
P.C., a transportation security screener, reported right arm, shoulder, and neck symptoms after lifting a bag onto a conveyor belt. OWCP accepted that the July 13, 2008 lifting incident occurred but denied the injury claim for insufficient medical proof of causation. The Board found that the…
C.C. and U.S. Postal Service, Post Office, Seattle, WA
C.C. (ECAB 09-1269): Occupational disease denial and refusal to reopen upheld
C.C., a postal distribution clerk, claimed that repetitive work caused neck and right shoulder problems. OWCP denied the occupational disease claim for lack of medical proof of a causal connection. The Board found that her physician described pain and possible diagnoses, and said the conditions…
I.R. and U.S. Postal Service, New York Priority Mail Processing Center, Bethpage, NY
I.R. (ECAB 09-1229): Termination of low back injury benefits upheld
I.R., a postal mail sorter, received benefits for an accepted low back sprain. OWCP terminated compensation after a physician examined her and found no residuals of that accepted condition or work-related restrictions. The Board found the examination reasoned and more persuasive than her treating…
T.C. and Department of Justice, Federal Bureau of Investigation, Philadelphia, PA
T.C. (ECAB 09-0808): Left arm award upheld; right leg award returned for review
T.C., an FBI investigative specialist, received schedule awards after injuries from a work-related vehicle accident. The Board agreed that the medical evidence supported a six percent impairment of her left arm and no greater rating for that arm. For her right leg, one doctor rated impairment at 47…
K.R. and U.S. Postal Service, Post Office, South Euclid, OH
K.R. (ECAB 09-0415): One-day loss of light duty did not change wage-earning capacity
K.R., a postal employee with accepted back injuries, worked in a permanent modified distribution clerk position. OWCP had determined in 1999 that his earnings in that position represented his wage-earning capacity. He claimed wage loss for a day in 2007 when the Postal Service sent him home because…
Secretary of Labor on behalf of Jose A. Chaparro v. Comunidad Agricola Bianchi, Inc.
Maintenance worker temporarily reinstated
Jose Chaparro alleged that Comunidad Agricola Bianchi laid him off because he cooperated with MSHA's investigation of an accident at its sand-processing facility. The company maintained that it had already decided to dismiss him during a probationary period because his maintenance work was poor and…
E.M. and U.S. Postal Service, Post Office, Linthicum, MD
E.M. (ECAB 09-2287): Repeated evidence did not reopen stress claim
E.M., a postal employee, claimed an emotional condition from alleged harassment and verbal abuse by a supervisor. OWCP had denied the claim because it found no compensable work factor. In requesting reconsideration, E.M. disputed OWCP’s assessment of coworker statements and resubmitted those…
M.C. and U.S. Postal Service, Post Office, Grand Rapids, MI
M.C. (ECAB 09-1940): Termination of back injury benefits upheld
M.C., a postal automotive mechanic, received benefits for accepted back conditions. His treating doctor and an OWCP examiner disagreed about whether those conditions still prevented him from working. An impartial orthopedic specialist found that the accepted conditions had resolved and attributed…
A.F. and U.S. Postal Service, Post Office, Philadelphia, PA
A.F. (ECAB 09-1556): Medical reports did not address disputed work incident
A.F., a postal clerk, claimed a back injury after an alleged workplace encounter in 1989. OWCP denied the claim because he had not established that the incident occurred as alleged. He sought reconsideration in 2009 and submitted medical reports, an MRI, and information about mental health…
D.L. and U.S. Postal Service, Post Office, San Francisco, CA
D.L. (ECAB 09-1549): Examiner’s association required reconsideration
D.L., a postal carrier, sought reconsideration years after OWCP denied a claimed recurrence of total disability. She showed that OWCP’s impartial examiner worked in the same orthopedic group as a doctor who had previously examined her and addressed the same injury. The impartial examiner had also…
D.M. and Department of Justice, Bureau of Prisons, Brooklyn, NY
D.M. (ECAB 09-1477): Termination of injury benefits upheld
D.M., a Bureau of Prisons special agent, received compensation after a fall that caused accepted back and neck conditions. OWCP later relied on a consulting neurologist who examined him, reviewed imaging, and found no continuing work-related residuals or neurological restrictions. The Board found…
R.L. and Department of the Navy, Commander Naval Installation, Inactive Facility, Philadelphia, PA
R.L. (ECAB 09-1447): Conflicting leg impairment ratings require another examination
R.L., a Navy employee, received a schedule award for 10 percent permanent impairment of his left leg after an accepted knee injury. His physician rated impairment at 30 percent based mainly on strength loss, while OWCP’s medical adviser rated it at 10 percent using other findings. The Board found a…
S.D. and U.S. Postal Service, Post Office, Vero Beach, FL
S.D. (ECAB 09-1386): Late request did not show clear error
S.D., a postal carrier, had claimed that she injured her back when stepping out of a mail truck in February 2003. OWCP denied that claim after finding inconsistent accounts of the alleged incident. More than a year after the last merit decision, she sought reconsideration and described a gradual…
R.B. and U.S. Postal Service, Bulk Mail Center, Greensboro, NC
R.B. (ECAB 09-1188): No increase in left leg impairment award
R.B., a postal mail handler, injured his left knee and ankle in a forklift incident and received a schedule award for two percent impairment of his left leg. He later sought a larger award. His orthopedic surgeon rated the leg impairment at two percent, and OWCP’s medical adviser agreed. Because…
C.D. and U.S. Postal Service, Post Office, Los Angeles, CA
C.D. (ECAB 09-1152): New shoulder scan required further review
C.D., a postal distribution clerk, received compensation after an accepted right shoulder injury. OWCP ended her benefits based on an impartial orthopedic examiner’s opinion that the injury had no continuing effects. The Board found that opinion sufficient to support termination at the time. A…
M.H. and U.S. Postal Service, Post Office, Canton, OH
M.H. (ECAB 09-1125): Workplace stress claim lacked a compensable factor
M.H., a postal mail carrier, attributed an emotional condition to treatment by supervisors, changes to his schedule and duties, and disputes over leave and medical paperwork. The Board found that some alleged incidents lacked supporting evidence. It treated the remaining disputes as personnel or…
J.W. and U.S. Postal Service, Post Office, Buffalo, NY
J.W. (ECAB 09-0528): Recurrence of total disability not established
J.W., a postal mail handler, worked five hours a day under restrictions after an accepted right shoulder strain. She stopped work in March 2005 and claimed that the injury had left her totally disabled. The Board found that her physician did not explain why the accepted condition prevented her from…
Mosser Construction, Inc.
Excavation violation reclassified as serious
Mosser employees worked in a 6-foot, 6-inch excavation whose benching did not meet the required dimensions. The judge affirmed the protective-system violation as other-than-serious and assessed $500, reasoning that Mosser had substantially attempted to bench the excavation. The Commission found…
Social Security Administration, Baltimore, Maryland (Agency) and American Federation of Government Employees, Local 1923 (Union)
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-4310): Suspension remedy returned for explanation
A Social Security Administration attorney forwarded an internal confidential email that he knew had reached him by mistake. The agency suspended him for three days. An arbitrator found the suspension consistent with the offense but set it aside if the attorney wrote an apology letter. The Authority…
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.