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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Secretary of Labor v. Brooks Run Mining Company, LLC
Lost-mail assessment reopened
Brooks Run Mining sought to reopen a penalty assessment that became final when its contest was not received. The record showed that the Postal Service received the contest form but lost it, and the company's safety representative learned of the problem only after a delinquency notice arrived…
K.L. and U.S. Postal Service, Post Office, Colorado Springs, CO
K.L. (ECAB 09-1631): Foot claim and late hearing request denied
K.L., a postal carrier, said he injured his left foot and ankle after stepping on a rock while working. OWCP accepted that the incident occurred, but the Board found that notes from a physician assistant and nurse practitioner were not competent physician evidence under the statute and did not…
K.J. and U.S. Postal Service, Post Office, Nashville, TN
K.J. (ECAB 09-1552): Foot condition claim lacked a reasoned work connection
K.J., a postal mail processing clerk, said standing and walking at work aggravated a congenital foot condition. Her podiatrist documented several foot diagnoses and said prolonged weight bearing aggravated the left foot. The Board found the reports lacked a reasoned explanation connecting her…
M.O. and U.S. Postal Service, North Shepard Post Office, Houston, TX
M.O. (ECAB 09-1532): Shoulder injury claim lacked medical evidence
M.O., a postal clerk, said she injured her right shoulder while dropping tubs of mail in August 2008. OWCP accepted that the work incident occurred and asked her for a physician’s report connecting it to a diagnosed injury. No medical evidence was in the record when OWCP denied the claim. The Board…
A.H. and U.S. Postal Service, Post Office, Forest Park, IL
A.H. (ECAB 09-1530): Additional shoulder award denied
A.H., a postal clerk, had received a schedule award for left arm impairment after an accepted shoulder injury. She sought an additional award based on later shoulder motion measurements. The Board calculated five percent impairment from her surgeon’s measurements and six percent from an OWCP…
I.R. and Department of Veterans Affairs, Veterans Administration Medical Center, Long Beach, CA
I.R. (ECAB 09-1518): Second hearing request properly denied
I.R., a medical center technician, had previously received a hearing on OWCP’s decision ending her entitlement to wage-loss compensation and schedule awards after a suitable work refusal. Years later, she sought a schedule award and requested another hearing after OWCP sent a letter saying it would…
W.L. and U.S. Postal Service, Newport Branch, Wilmington, DE
W.L. (ECAB 09-1515): Five percent knee impairment award upheld
W.L., a postal mail carrier, sought a schedule award after an accepted right knee injury and several surgeries. His physician rated leg impairment at seven percent using calf measurements, but later measurements showed the opposite size difference. The Board found the unexplained changes made that…
I.F. and Department of the Interior, U.S. Fish & Wildlife Service, Elizabeth, NJ
I.F. (ECAB 09-1452): Parking lot injury claim needs a premises finding
I.F., a wildlife inspector, said she injured her neck and back while loading work materials into her car after leaving the office. OWCP denied her claim, but the Board found the record did not establish whether the parking lot was part of the employer’s premises. The Board said that question had to…
D.B. and Department of Veterans Affairs, Regional Office, San Francisco, CA
D.B. (ECAB 09-1434): Wage-loss suspension for missing earnings form upheld
D.B., a Veterans Affairs counseling psychologist, received compensation for an accepted stress condition. OWCP twice sent him a form requesting information about work and earnings, and warned that his wage-loss benefits would be suspended if he did not respond within 30 days. He did not return the…
J.M. and U.S. Postal Service, Post Office, Philadelphia, PA
J.M. (ECAB 09-1399): Wrist injury claim needs a reasoned medical opinion
J.M., a postal employee, claimed that bundles of mail falling on her hands in January 2003 caused or aggravated carpal tunnel syndrome. A prior Board decision had sent the conflicting medical opinions to an impartial examiner. He diagnosed bilateral carpal tunnel syndrome but gave little…
H.W. and U.S. Postal Service, Post Office, Sacramento, CA
H.W. (ECAB 09-1183): Later emotional condition claim denied
H.W., a postal supervisor, had an accepted emotional condition arising from a 2006 workplace incident. She later claimed a new emotional condition based on alleged harassment, personnel actions, and a confrontation with a carrier in 2007. The Board agreed that OWCP should consider the later…
V.W. and Department of Justice, Bureau of Prisons, Federal Correctional Center, Butner, NC
V.W. (ECAB 09-0927): Hand impairment award lacked medical support
V.W., a correctional officer, cut two fingers of his left hand while handling a jammed ice machine door. He sought a permanent impairment award in October 2008, and OWCP accepted the injury the following month. The medical records described treatment and a return to work, but gave no impairment…
S.H. and U.S. Postal Service, Post Office, Detroit, MI
S.H. (ECAB 09-0926): Partial termination of injury benefits upheld
S.H., a postal manual clerk, had accepted shoulder, right wrist sprain, elbow, and bilateral carpal tunnel conditions. OWCP terminated benefits for the shoulder, wrist sprain, and elbow conditions after an impartial specialist found no continuing residuals from them. The Board gave that…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association, Engineers and Architects (Union)
FAA and NATCA Engineers and Architects (FLRA 0-AR-4322): Pay retention after office reorganization upheld
The FAA realigned offices, and some employees accepted lower-paid jobs at their current locations instead of relocating. An arbitrator found that the realignment was a reorganization under the agency's pay-retention regulation and directed the parties to identify employees owed retroactive…
United States Department of the Army, United States Army Corps of Engineers, Mobile District, Mobile, Alabama (Agency) and International Federation of Professional and Technical Engineers (Union)
Army Corps Mobile District and IFPTE (FLRA 0-AR-4297): Contracting-out grievance award upheld
The Army Corps of Engineers contracted out work without first bargaining with the union or comparing the contractor's cost with in-house work. An arbitrator found that this violated the parties' agreement and sustained the grievance without ordering a specific remedy. The Authority upheld that…
Matter of Santos Enrique MILIAN-Dubon
Incorporated police reports may identify the offense
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Guatemalan lawful permanent resident convicted of battery against his spouse under California law. The Board held that a police report may be considered in the…
J.S. and U.S. Postal Service, Post Office, Richmond, VA
J.S. (ECAB 10-0186): New toe surgery records required merit review
J.S., a postal clerk, had an accepted right toe contusion. OWCP denied authorization for a proposed toe fusion, and she later submitted new medical reports and records showing that the surgery had been performed. OWCP refused to reopen the matter without explaining why the new evidence was…
F.J. and Small Business Administration, Government Contracting & Business Development, Washington, DC
F.J. (ECAB 09-1519): Overpayment after return to work upheld
F.J., a Small Business Administration employee, returned to full-time work on August 18, 2008 but received total disability compensation through August 30. OWCP calculated the excess payment at $2,377.24. The Board found the calculation supported by the payment record and held that F.J. should have…
D.W. and U.S. Postal Service, Chillum Place, Washington, DC
D.W. (ECAB 09-1502): Knee disability recurrence not established
D.W., a postal employee, returned to part-time light duty after an accepted left knee injury and later stopped working. She claimed wage-loss compensation for renewed total disability beginning January 5, 2009. Her physician described knee pain and said she could not work, but did not explain what…
C.H. and U.S. Postal Service, Post Office, Milwaukee, WI
C.H. (ECAB 09-1485): Prior eight percent leg rating controls
C.H. sought a greater schedule award after the Board had already corrected her left leg impairment rating from seven to eight percent. OWCP issued an award for the additional one percent as directed. The Board found that OWCP’s new decision conformed to its earlier ruling and that C.H. had…
E.J. and Department of Agriculture, Food Safety Inspection Service, Denison, IA
E.J. (ECAB 09-1481): Wrist fracture claim sent back for medical development
E.J., a federal food inspector, reported wrist pain after turning beef carcasses at work in January 2008. Her physicians diagnosed a left wrist fracture and described her work activities, though none gave a fully reasoned causal opinion. The Board found the reports consistent and uncontradicted…
S.J. and Department of Defense, DECA Southern Region, Fort Lee, VA
S.J. (ECAB 09-1476): Plantar fasciitis award claim lacked a valid rating
S.J. sought a schedule award for permanent impairment from accepted left plantar fasciitis. Her podiatrist assigned a foot and leg impairment percentage, but cited a table that did not exist in the medical guides. The similar numbered table in the correct chapter did not provide a plantar fasciitis…
J.H. and U.S. Postal Service, Post Office, Cleveland, OH
J.H. (ECAB 09-1424): Additional knee award lacked a higher impairment rating
J.H., a postal letter carrier, received multiple schedule awards after an accepted left knee injury. The Board observed that the awards had paid a combined 59 percent leg impairment even though the earlier medical evidence supported at most 50 percent. After a knee replacement, his latest physician…
D.P. and U.S. Postal Service, Post Office, Des Moines, IA
D.P. (ECAB 09-1348): Foot impairment rating sent back for review
D.P., a postal mail handler, fractured bones in his left foot when a forklift wheel ran over it. OWCP awarded one percent impairment based on a physician’s pain rating. The Board found that the physician had not explained why other medical guide methods for metatarsal fractures and weight transfer…
J.M. and U.S. Postal Service, Post Office, Baltimore, MD
J.M. (ECAB 09-1167): No increase in bilateral wrist awards
J.M., a postal employee, had accepted tendinitis in both wrists and schedule awards for 27 percent impairment of each arm. She sought larger awards based on her physician’s 57 percent rating. The Board found that he had not explained his calculation under the medical guides and that his motion…
E.M. and Department of Defense, Defense Finance & Accounting Service, Indianapolis, IN
E.M. (ECAB 09-1150): Conflicting opinions on work-related depression require review
E.M., a Defense Finance and Accounting Service employee, claimed that her work as an accountant aggravated an emotional condition. The Board had previously found her work requirements to be a compensable factor. Her treating clinicians connected an aggravation to those duties, while an OWCP…
S.W. and Department of Veterans Affairs, Veterans Administration Medical Center, Albuquerque, NM
S.W. (ECAB 09-1110): Orthopedic benefit termination upheld
S.W., a Veterans Affairs employee, received benefits for accepted back, neck, and psychological conditions. OWCP ended wage-loss benefits for the orthopedic conditions based on an impartial examiner’s opinion that their work-related effects had resolved. Its hearing representative reinstated…
R.P. and U.S. Postal Service, Post Office, Burlington, NJ
R.P. (ECAB 09-0765): No additional right leg impairment award
R.P., a postal clerk, had received a schedule award for 15 percent right leg impairment after an accepted knee injury. She sought an additional award, supported by her physician’s higher rating. An impartial specialist found only five percent impairment and explained why other rating methods did…
National Treasury Employees Union (Union) and United States Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency)
NTEU and IRS (FLRA 0-AR-4244): Remedy for ignored impasse order upheld
During an IRS reduction in force, the Federal Service Impasses Panel ordered the agency to provide employee equal employment opportunity data to the union by a set date. The IRS missed that deadline, and an arbitrator found that it committed unfair labor practices by failing to follow the order…
Secretary of Labor v. Rockhouse Creek Development LLC
Assessment reopened after counsel's calendar error
Rockhouse Creek intended to contest a proposed penalty assessment and timely sent it to counsel. Counsel's firm failed to calendar the matter, so no contest reached the Secretary and the assessment became a final Commission order. The operator moved promptly after discovering the mistake, and the…
Secretary of Labor v. White Buck Coal Company
Late assessment contest remanded for good-cause findings
White Buck Coal asked to reopen a final penalty assessment covering 65 citations. The company said turnover among its safety directors kept it from learning about the delinquent assessment until nearly eleven months after it became final. The Secretary did not oppose reopening but urged the…
Secretary of Labor v. Mingo Logan Coal Company
Claimed mailed contest allowed to proceed
Mingo Logan said it mailed a form contesting 16 of 30 proposed penalties and simultaneously paid the uncontested penalties. MSHA had no record of receiving the contest, and the company learned of the problem when a delinquency notice arrived. It contacted MSHA and sought reopening, which the…
Secretary of Labor v. Gilbert Development Corporation
Lockout citation modified and penalty cut to $5,000
A Gilbert Development employee energized a 480-volt power circuit under repair and sustained burns in the resulting arc flash. Judge Richard W. Manning found that the circuit had been deenergized and locked, but the lock key was left on a nearby pegboard and the lock was marked only with an…
S.H. and U.S. Postal Service, Post Office, Beachwood, OH
S.H. (ECAB 09-1451): Later disc herniation was not linked to accepted fall
S.H., a letter carrier, slipped on ice in 2003, and OWCP accepted several injuries including a lumbar strain. An MRI scan that year showed no herniated disc, but a later scan showed an L4-5 herniation. She sought to add the disc condition to the accepted claim. The Board found that her physicians…
B.C. and Department of Veterans Affairs, Medical Center, Brecksville, OH
B.C. (ECAB 09-1575): Thumb arthritis claim lacked specific causation analysis
B.C., a dental laboratory technician, attributed arthritis in both thumb joints to years of hand work. Her physician said work trauma aggravated the condition but did not describe her particular duties or explain how they affected the joints. The Board found that B.C. had shown the diagnosis and…
B.P. and U.S. Postal Service, Post Office, Newnan, GA
B.P. (ECAB 09-1510): Hand condition claim lacked a reasoned medical opinion
B.P., a letter carrier, attributed bilateral hand symptoms to delivering mail and using her vehicle brake. OWCP accepted those work activities but denied the claim because the medical evidence did not establish that they caused her conditions. The Board found that her physician's checked box…
J.F. and U.S. Postal Service, Post Office, Fort Wayne, IN
J.F. (ECAB 09-1507): Claimed file mix-up did not require merit review
J.F., a postal carrier, received schedule awards for left arm and right arm impairment after a work-related vehicle accident. He requested reconsideration, saying the award materials might include another claimant's records and disputing the reference to a right arm injury and an examination by an…
D.W. and U.S. Postal Service, Post Office, Niles, OH
D.W. (ECAB 09-1472): Impartial examination supported ending ankle benefits
D.W., a letter carrier, had an accepted right ankle condition and deep vein thrombosis. His treating physician and an OWCP examiner disagreed about whether work restrictions remained necessary, so OWCP obtained an impartial examination. The Board found the impartial specialist's report well…
P.G. and U.S. Postal Service, Post Office, San Diego, CA
P.G. (ECAB 09-1462): Duplicate compensation payment had to be repaid
P.G., a postal distribution clerk receiving injury compensation, was paid twice for the same period in late 2008. OWCP found an overpayment of $1,491.45 and determined that he was at fault. The Board agreed because the benefit statements identified the payment periods and he should have recognized…
L.B. and U.S. Postal Service, Post Office, Wilmington, DE
L.B. (ECAB 09-1336): Five percent right arm award affirmed
L.B., a postal clerk, had accepted right shoulder and arm conditions and underwent shoulder surgery. Her physician rated her right arm impairment at 18 percent, while OWCP awarded five percent. The Board agreed with OWCP's medical adviser that the surgical report did not show the clavicle resection…
R.D. and Department of Labor, Bureau of Labor Statistics, Atlanta, GA
R.D. (ECAB 09-1237): Secretary job did not justify ending wage compensation
R.D. had accepted knee and thumb injuries and received wage compensation after she stopped working. OWCP reduced the compensation to zero, relying on a proposed full-time secretary position and a 2006 impartial medical examination. The Board found that later reports raised doubts about whether R.D…
C.C. and Department of Veterans Affairs, Fort Snelling, Minneapolis, MN
C.C. (ECAB 09-1141): Recurrence claim lacked medical support
C.C., a cemetery caretaker, had an accepted lower back injury and later returned to a lighter duty shelter monitor job. He claimed a recurrence of disability after developing back pain and numbness in his hands. His physician attributed the hand symptoms to thoracic outlet syndrome, which OWCP had…
C.L. and U.S. Postal Service, Post Office, Birmingham, MI
C.L. (ECAB 09-1112): Medical reports did not establish work cause of back and leg conditions
C.L., a postal general clerk, attributed back and leg conditions to carrying mail and supplies up stairs while the elevator was out of service. OWCP accepted the described work duties but found insufficient medical evidence linking them to the claimed conditions. The Board agreed that her physician…
A.W. and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, NH
A.W. (ECAB 09-1071): Record needed development on bicycle injury
A.W., an apprentice pipe fitter at Portsmouth Naval Shipyard, said he injured both wrists when he fell from a bicycle while traveling toward his car. OWCP denied the claim, questioning whether the activity was connected to work. The Board found unresolved facts about why he was leaving before his…
D.K. and U.S. Postal Service, District Health & Resource Management Office, Middle Florida, FL
D.K. (ECAB 09-1580): Conflicting account left mail handling injury unproven
D.K., a mail handler, said he strained his upper back while throwing a heavy mail bundle. His employer's records placed him at a different work area, and he acknowledged that he had been working outside his assigned operation only after OWCP denied the claim. The Board found that the conflicting…
S.B. and Department of the Treasury, Internal Revenue Service, Chamblee, GA
S.B. (ECAB 09-1569): Maps did not warrant reopening sidewalk injury claim
S.B. fell on a sidewalk near the entrance to her IRS workplace while walking from a bus stop. OWCP had denied her injury claim and later refused to reopen it after she submitted maps and bus schedules. The Board found those materials did not show that the sidewalk was reserved for employees or…
P.P. and U.S. Postal Service, Post Office, Chicago, IL
P.P. (ECAB 09-1470): Informational letter did not support a hearing request
P.P., a postal carrier with an accepted ankle injury, sought compensation for intermittent time away from work. OWCP sent a letter explaining the requirements for changing an earlier wage capacity decision, and she requested a hearing about that letter. The Board found the letter was informational…
M.D. and Department of Justice, Bureau of Alcohol, Tobacco & Firearms, Washington, DC
M.D. (ECAB 09-1453): Recovery rate remanded after overpayment upheld
M.D. continued receiving total disability compensation for more than seven years after OWCP issued a decision reducing his entitlement based on his capacity to work as a teacher. The Board upheld OWCP's finding that this created a $15,990.22 overpayment and that he was at fault for accepting…
G.E. and U.S. Postal Service, Post Office, New Orleans, LA
G.E. (ECAB 09-1412): No scheduled member impairment was established
G.E. had accepted lower back conditions and sought a permanent impairment award. The Board explained that the back itself is not a scheduled member under FECA, although a back injury can impair a leg. Her physician said she had reached maximum medical improvement but did not rate any lasting…
S.R. and U.S. Postal Service, River Oaks Station, Houston, TX
S.R. (ECAB 09-1319): Later medical reports did not reopen disability claim
S.R., a postal clerk, had an accepted left shoulder contusion and sought disability compensation beginning in March 2006. OWCP denied that claim and later refused to reopen it. The Board found that her later medical reports did not address whether the accepted 2005 shoulder injury caused disability…
G.W. and Department of the Army, Pine Bluff Arsenal, Pine Bluff, AR
G.W. (ECAB 09-1277): Impartial opinion supported termination of back injury benefits
G.W. had accepted hip and back injuries after a workplace fall. His treating physician and an OWCP examiner disagreed about whether injury-related disability remained, so OWCP obtained an impartial orthopedic opinion. The Board gave that opinion special weight because it explained, using…
P.N. and Department of Transportation, Federal Motor Carrier Safety Administration, Albany, NY
P.N. (ECAB 09-1178): Right arm impairment award required a new calculation
P.N. received a schedule award for 10 percent impairment of her right arm after shoulder surgery. She sought a larger award, submitting later measurements of reduced shoulder motion. The Board found that OWCP had considered the motion findings separately from the earlier surgical impairment…
T.L. and Department of Defense, National Security Agency, Fort Meade, MD
T.L. (ECAB 09-1066): Removal for misconduct did not establish disability recurrence
T.L., a system administrator with accepted back injuries, worked in a restricted sedentary position before her employer removed her for misconduct. She claimed compensation from the start of 2006, arguing that the removal and her medical condition amounted to a recurrence of disability. The Board…
P.D. and U.S. Postal Service, Post Office, New Haven, CT
P.D. (ECAB 09-1007): Grandson's guardianship did not qualify for augmented compensation
P.D. continued receiving compensation at the higher rate for a dependent after her husband died, listing a grandson in her legal custody. OWCP found that guardianship alone did not make the grandson an eligible dependent under FECA and calculated an $8,400.64 overpayment. Although its hearing…
Professional Airways Systems Specialists (Union) and United States Department of Transportation, Federal Aviation Administration (Agency)
PASS and FAA (FLRA 0-AR-4295): Denial of four-day schedule upheld
An FAA aviation safety inspector asked to replace her existing compressed schedule with four ten-hour workdays per week. Her supervisor denied the request, and an arbitrator found that the agreement preserved management's right to determine employees' tours of duty. The Authority rejected the…
United States Department of the Army, Defense Language Institute Foreign Language Center and Presidio of Monterey, California (Activity/Petitioner) and American Federation of Government Employees, Local 1263, AFL-CIO (Exclusive Representative) and Fraternal Order of Police, Monterey County, Federal Lodge No. 32 (Labor Organization/Petitioner)
Presidio of Monterey and AFGE Local 1263 (FLRA SF-RP-09-0010): Police-unit severance denied
The Fraternal Order of Police sought to separate Presidio of Monterey police employees from an existing bargaining unit represented by AFGE Local 1263. A regional director dismissed the petition, finding that the existing unit remained appropriate and that the record did not show inadequate…
S.I. and U.S. Postal Service, Airport Mail Facility, Baltimore, MD
S.I. (ECAB 09-1048): Higher left leg impairment rating denied
S.I., a postal mail handler, injured his left ankle at work and received a schedule award for a 17 percent permanent impairment of his left lower extremity. He sought a higher award, relying on physicians who proposed ratings of 40 and 55 percent. The Board found that those physicians had not…
E.C. and U.S. Postal Service, Post Office, Riverdale, GA
E.C. (ECAB 10-170): Left and right leg impairment ratings affirmed
E.C., a postal letter carrier, had an accepted bilateral foot condition and underwent left foot surgery. OWCP awarded a 17 percent left leg impairment and found a 2 percent right leg impairment. The Board accepted the left rating based on documented muscle weakness under the applicable impairment…
V.W. and Department of Justice, Bureau of Prisons, New York, NY
V.W. (ECAB 09-2026): Schedule award denied without impairment evaluation
V.W., a Bureau of Prisons secretary, had an accepted work injury involving neck and lower back strains and sought a schedule award. OWCP requested a medical evaluation of permanent impairment, but none was submitted before it denied the award. The Board found that the record did not establish…
B.W. and U.S. Postal Service, Post Office, Memphis, TN
B.W. (ECAB 09-1457): Late reconsideration request did not show clear error
B.W. again asked OWCP to reconsider a long-standing termination of compensation after she refused an offer of suitable work. OWCP found her January 2009 request late and declined to reopen the case because it did not show clear evidence of error. The Board found that her argument about the job…
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.