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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Mach Mining, LLC
Ventilation plan citations affirmed
Mach Mining operated its underground coal mine under a high-volume push-pull ventilation system and challenged two citations issued after MSHA refused to approve its proposed general and panel-specific plans. Judge Margaret A. Miller found that the operator and MSHA had adequately consulted in good…
Secretary of Labor v. F & G Resources, LLC
Five reopening requests moot, four remanded
F & G Resources sought to reopen nine proposed penalty assessments that it said it had not received or understood. Four requests were moot because MSHA confirmed the assessments had been returned undelivered and planned to serve them again by certified mail. A fifth was moot because the assessment…
United States Department of Transportation, Federal Aviation Administration, Washington, D.C. (Respondent) and National Air Traffic Controllers Association, AFL-CIO (Charging Party)
FAA and NATCA (FLRA BN-CA-05-0222): Removal of union president found unlawful
A union president raised concerns with an FAA supervisor about staffing and overtime for an upcoming shift. Frustrated when the supervisor delayed a decision, he used profanity during a brief exchange, and the FAA placed him on leave and escorted him from the facility. The Authority upheld a…
D.M. and Department of the Navy, Kings Bay Submarine Base, Kings Bay, GA
D.M. (ECAB 09-1506): Request to reopen impairment award denied
D.M., a Navy pipefitter, received a schedule award for four percent permanent impairment of his left leg after an accepted back condition. He asked OWCP to reconsider the award, citing a planned medical report that he never submitted and later reports from a physician whose impairment assessment…
A.S. and Department of the Navy, Naval Medical CMD/STATIONS/BASES/NARFS, HRO-NRSW Code N00CP35 INJ, San Diego, CA
A.S. (ECAB 09-1482): Repetitive work injury denial affirmed
A.S., a Navy histopathology technician, claimed that repetitive microtomy and embedding work, along with extended sitting, caused a back injury. OWCP accepted those tasks as work factors but denied the claim for lack of medical proof that they caused a diagnosed condition. The Board affirmed. It…
B.D. and Department of Veterans Affairs, Veterans Administration Medical Center, Dayton, OH
B.D. (ECAB 09-1450): Termination of injury benefits affirmed
B.D., a retired nursing assistant, had an accepted claim for a lumbar strain and left sciatica from a 1997 workplace injury. OWCP ended her wage loss compensation and medical benefits after a referral physician found that the accepted conditions had healed, needed no further treatment, and no…
A.R. and U.S. Postal Service, Post Office, Lake Mary, FL
A.R. (ECAB 09-1307): Shoulder injury claim returned for medical development
A.R., a postal equipment mechanic, claimed that repeated heavy lifting and work with his arms extended caused or aggravated arthritis in both shoulders. OWCP accepted those work activities but denied the claim for insufficient medical proof of causation. The Board found that his surgeon's opinion…
K.S. and U.S. Postal Service, Post Office, Bluebell, PA
K.S. (ECAB 09-1260): Impairment award returned for a new medical examination
K.S. sought a larger schedule award for impairment of her right arm and an award for her right leg after accepted injuries to her shoulder, thumb, elbow, and knee. OWCP found no more than one percent right arm impairment and no right leg impairment, relying on an impartial medical examiner. The…
G.S. and Department of Labor, Mine Safety and Health Administration, Norton, VA
G.S. (ECAB 09-1139): Knee recurrence and reconsideration denials affirmed
G.S., a retired mine inspector, sought further medical care for left knee problems years after OWCP accepted a work injury involving a torn meniscus. OWCP denied the recurrence claim, and the Board affirmed because the treating physician described the later knee condition but gave no opinion…
S.K. and U.S. Postal Service, Post Office, Rochester, MN
S.K. (ECAB 09-1099): Leg impairment award returned for medical explanation
S.K., a postal mail handler, received a schedule award for eight percent permanent impairment of his left leg after accepted back and leg injuries. The Board found that OWCP's medical adviser drew on several records without explaining how they supported his ratings for sensory and strength loss or…
L.G. and U.S. Postal Service, Post Office, Edinboro, PA
L.G. (ECAB 09-1083): Emotional condition claim denial affirmed
L.G., a postal clerk, claimed that her postmaster's conduct created a hostile workplace and caused depression, stress, and anxiety. OWCP denied the claim, and the Board affirmed. The Board treated most of the cited work assignments, monitoring, and discipline as managerial actions without proven…
C.W. and U.S. Postal Service, Post Office, Philadelphia, PA
C.W. (ECAB 09-0290): Benefit termination reversed and impairment award returned
C.W., a postal letter carrier, had accepted left knee injuries and sought continued benefits and a larger schedule award. OWCP terminated his wage loss and medical benefits and denied an additional impairment award. The Board reversed the termination because OWCP's medical examiner did not…
United Power Trades Organization (Union) and United States Department of the Army, U.S. Army Corps of Engineers, Northwestern Division (Agency)
United Power Trades Organization and Army Corps (FLRA 0-AR-4490): Official time denial upheld
The Army Corps denied official time to a union district vice president who wanted to perform project representative duties while a project representative or alternate was available. An arbitrator rejected the union's grievance under the parties' agreement. After a court remand, the Authority again…
United States Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency) and National Treasury Employees Union (Union)
IRS and NTEU (FLRA 0-AR-4284): Ground rules bargaining claim returned to arbitrator
The IRS and the union disputed ground rules for negotiating a new collective bargaining agreement. An arbitrator found that the agency bargained in bad faith and ordered bargaining and other remedies, but declined to reinstate the expired agreement. The Authority upheld his finding that the…
United States Department of the Army, Corps of Engineers, Northwestern Division And Seattle District (Agency) and United Power Trades Organization (Union)
Army Corps Seattle District and United Power Trades Organization (FLRA 0-AR-4073): Dam operator bargaining award upheld
The Army Corps planned to fill operator positions at two dams through term appointments. The union and agency settled an earlier grievance with an agreement to bargain over the change's impact and implementation, but that bargaining never occurred. An arbitrator found the settlement binding and…
United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Marion, Illinois (Agency) and American Federation of Government Employees, Local 2343, Council of Prison Locals, Council 33 (Union)
Bureau of Prisons Marion and AFGE Local 2343 (FLRA 0-AR-3930): Late arbitration exception dismissed
Employees at the Marion federal penitentiary sought pay for work before and after their shifts. An arbitrator awarded compensation and later clarified that the payment formula included liquidated damages and interest. The Bureau of Prisons objected to the combination, but filed its exception after…
Secretary of Labor v. Performance Coal Company
Reopening explanation lacked detail
Performance Coal missed the deadline to contest penalties totaling $34,269 for 19 violations. It said a proposed assessment was misplaced during a change in safety directors, when offices and files were moved and the incoming director was being trained. The company found the assessment in October…
Secretary of Labor v. Banner Blue Coal Company
Late penalty contest reopened
Banner Blue Coal Company intended to contest penalties for nine of 34 citations, but its assessment form was lost while the company moved its corporate headquarters. The safety director discovered the mistake two months later and mailed the contest, after MSHA had already sent a delinquency notice…
Secretary of Labor v. Keokee Mining, LLC
Reopening denied for unexplained delay
Keokee Mining asked the Commission to reopen a penalty assessment after its counsel failed to contest one order on time. The company described the failure only as inadvertence and oversight. It also did not explain why it waited about seven months after a delinquency notice, or why it sought…
Matter of Caritina DIAZ-Castaneda; Matter of Porfirio LOPEZ-Lopez
Matter of Caritina DIAZ-Castaneda and Matter of Porfirio LOPEZ-Lopez (BIA ID 3672): unlawful reentry bars adjustment under section 245(i)
The Board reviewed two Mexican respondents' appeals from decisions denying adjustment of status under section 245(i) and granting voluntary departure. Both respondents had accrued more than one year of unlawful presence after April 1, 1997, left the United States, and reentered without admission…
Matter of Ernesto Javier MORALES
A qualifying stepparent must be considered in hardship analysis
The Board reviewed the respondent's appeal from the denial of cancellation of removal under the provision for nonpermanent residents. The Immigration Judge considered the respondent's lawful permanent resident mother a qualifying relative for the hardship analysis but did not consider his United…
Robert L. Stover v. Peabody Coal Company
Stover v. Peabody Coal (BRB 08-0549 BLA): benefits award upheld on reconsideration
Robert Stover received a black lung benefits award that the Board had affirmed in 2009. Peabody Coal requested reconsideration, arguing that Stover's earlier denied claim barred this one and that a new court ruling required a different test for medical opinions about what caused his disability. The…
V.P. and U.S. Postal Service, Cincinnati Bulk Mail Center, Cincinnati, OH
V.P. (ECAB 09-1505): Refusal to reopen back injury claim affirmed
V.P. sought to reopen a claim for a back condition that the Board had previously found unproven. In requesting reconsideration from OWCP, she resubmitted a physician's report that both OWCP and the Board had already reviewed. The Board found no new relevant evidence or legal argument meeting the…
V.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Ann Arbor, MI
V.S. (ECAB 09-1475): Claimed patient lifting injury denial affirmed
V.S., a practical nurse at a Veterans Affairs medical center, claimed a back and leg injury while helping a patient who had fallen. OWCP denied the claim, and the Board affirmed because it found that the alleged June 10, 2008 work incident had not been established. The Board cited the delayed…
J.M. and Department of Agriculture, Forest Service, Lassen National Forest, Fall River Mills, CA
J.M. (ECAB 09-1367): Four days of wage loss compensation denied
J.M., a Forest Service technician, had accepted wrist, hand, and cervical conditions and later returned to light duty. He sought wage loss compensation for four days after stopping that work, citing neck pain during a long commute. The Board affirmed OWCP's denial because his treating physician did…
A.D. and U.S. Postal Service, Post Office, Kennett Square, PA
A.D. (ECAB 09-1185): Mail cart injury claim denial affirmed
A.D., a postal mail carrier, claimed injuries to her knee, back, shoulder, and other areas during a dispute with a coworker over mail carts. OWCP denied the claim, and the Board affirmed. The Board found materially different accounts of how the cart moved and whether it struck or pulled her…
J.P. and U.S. Postal Service, San Francisco Bulk Mail Center, Richmond, CA
J.P. (ECAB 09-1030): Late reconsideration request denied
J.P., a postal clerk, sought to challenge OWCP's April 2006 termination of compensation for an accepted injury. The Board found that her October 2008 reconsideration request came more than one year after that decision. Earlier letters did not qualify as timely reconsideration requests because they…
V.B. and U.S. Postal Service, Post Office, Liberty, TX
V.B. (ECAB 09-1006): Compensation overpayment and waiver denial affirmed
V.B., a postal employee receiving workers' compensation, also received Social Security retirement benefits partly attributable to federal service. OWCP had not applied the required offset, resulting in a $44,589.08 overpayment from March 12, 2001 through December 20, 2008. The Board affirmed the…
G.B. and U.S. Postal Service, Post Office, Pittsburgh, PA
G.B. (ECAB 09-0712): Consequential hip and ankle claims denied
G.B., a retired postal mail handler, had an accepted work related aggravation of right knee arthritis and claimed that it caused right ankle and hip conditions. His treating surgeon supported a connection, while another physician disagreed. OWCP obtained an impartial orthopedic examination to…
J.S. and U.S. Postal Service, Post Office, Miami, FL
J.S. (ECAB 09-0641): Termination of benefits for 2001 injury affirmed
J.S., a postal mail handler, had accepted neck, shoulder, and eye injuries from a 2001 incident. OWCP ended compensation for that injury after finding that its effects had resolved. The Board affirmed, giving weight to an impartial orthopedic examiner's explanation that her current neck and…
L.N. and U.S. Postal Service, Post Office, Kansas City, MO
L.N. (ECAB 09-0635): Wage loss denied and arm award affirmed as modified
L.N., a postal clerk with accepted shoulder, thumb, and carpal tunnel conditions, sought compensation for intermittent missed work and a larger right arm schedule award. The Board affirmed denial of the additional wage loss because the medical reports did not show that she could not perform…
M.C. and U.S. Postal Service, Post Office, Scranton, PA
M.C. (ECAB 08-0383): Leg impairment award affirmed, offset sent back
M.C., a postal letter carrier, received a schedule award for five percent permanent impairment of his right leg after a work related knee injury and surgery. The Board agreed with that rating because his doctor's proposed additional motor deficit rating did not properly use the A.M.A. Guides. It…
United States Department of Commerce, U.S. Census Bureau (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner/Exclusive Representative) and American Federation of Government Employees, Local 1438, AFL-CIO (Exclusive Representative) and American Federation of Government Employees, Local 2782, AFL-CIO (Exclusive Representative)
Census Bureau and AFGE (FLRA WA-RP-09-0044): Consolidated bargaining unit approved
AFGE asked to combine seven Census Bureau bargaining units at headquarters and processing centers into one national unit. A regional director found that the employees shared a community of interest and that consolidation would support effective dealings and efficient operations. The Bureau sought…
Secretary of Labor v. R & K Coal Company, Inc.
Default remanded for answer inquiry
A Chief Administrative Law Judge entered a default against R & K Coal after the company did not respond to a show-cause order. Six days later, R & K asked the Commission to set the default aside and supplied an April 2009 letter that appeared to be its answer, along with a fax cover sheet sent to…
United Taconite, LLC
Drill citations settled for $1,000
MSHA issued two citations after a drill operator was fatally injured when a large drill tipped while being leveled on a steep grade. One citation alleged that the drill had been used beyond its design capacity, and the other alleged inadequate instruction on safe procedures for new equipment. In…
Stephanie H. Wheeler v. Newport News Shipbuilding and Dry Dock Company
Wheeler v. Newport News Shipbuilding (BRB 09-0570): medical payments did not extend modification deadline
Stephanie Wheeler previously received scheduled disability benefits for knee injuries she sustained while working as a shipfitter. After further knee surgery, she sought to modify the earlier decision and obtain temporary total disability benefits. Newport News Shipbuilding had continued paying her…
J.B. and Department of the Air Force, Tinker Air Force Base, OK
J.B. (ECAB 09-1577): Hearing loss did not qualify for a schedule award
J.B., a retired Air Force aircraft engine mechanic and inspector, had an accepted claim for hearing loss caused by workplace noise. OWCP denied a schedule award because its medical adviser calculated no ratable hearing impairment from a calibrated December 2008 hearing test. J.B. supplied a second…
R.C. and U.S. Postal Service, Post Office, Detroit, MI
R.C. (ECAB 09-1478): Disability claim lacked a link to accepted injuries
R.C. sought compensation for disability beginning March 3, 2007 after OWCP accepted contusions of her back, left wrist, and left ankle. Her physician later reported low back pain and diagnosed disc and joint conditions that OWCP had not accepted as work related. The Board found that the report did…
R.K. and U.S. Postal Service, Post Office, Stillwell, KS
R.K. (ECAB 09-1368): Additional shoulder and finger conditions not established
R.K., a postal rural carrier, already had accepted claims for bilateral carpal tunnel syndrome and left arm conditions. She sought to add a right shoulder condition and right trigger finger as work related. One physician could not say whether her shoulder symptoms were caused by work, and another…
M.B. and U.S. Postal Service, Post Office, Las Vegas, NV
M.B. (ECAB 09-1315): Back injury claim sent back for medical review
M.B., a postal letter carrier, claimed that years of lifting, bending, driving, and other work duties caused his back condition. OWCP accepted the description of his duties but denied the claim because it found the medical evidence insufficient to link his condition to work. An orthopedic surgeon…
B.T. and U.S. Postal Service, Post Office, Mansfield, OH
B.T. (ECAB 09-1216): Leg impairment claim sent back for impartial examination
B.T., a postal mail handler, sought a schedule award after an accepted right knee injury. His doctor rated the leg at 12 percent impairment based on thigh muscle atrophy and weakness. An OWCP second opinion doctor found no work related permanent knee impairment, and OWCP denied the award. The Board…
E.R. and U.S. Postal Service, Post Office, Dallas, TX
E.R. (ECAB 09-1182): Refusal to reopen recurrence claim affirmed
E.R., a former postal clerk, sought to connect disability beginning in 1997 to an accepted 1980 back strain. OWCP had denied the recurrence claim, and she made several requests for reconsideration. Her latest request included a doctor's report describing later imaging and asserting a connection to…
D.A. and Social Security Administration, Office of the Inspector General, Atlanta, GA
D.A. (ECAB 09-1181): Emotional condition claim and reconsideration denial affirmed
D.A., a Social Security Administration special agent, claimed an emotional condition related to a supervisor's comments, alleged harassment, and the handling of her work. The Board found the alleged conduct was not substantiated by evidence sufficient to establish a compensable employment factor…
D.F. and U.S. Postal Service, Seattle Bulk Mail Center, Federal Way, WA
D.F. (ECAB 09-1155): Refusal to reconsider back injury claim affirmed
D.F., a postal mail handler, claimed that repetitive lifting and unloading of mail trays caused a back condition. OWCP denied the original claim for lack of a reasoned medical opinion connecting the condition to her work. When she requested reconsideration, she supplied descriptions of her duties…
R.T. and Department of the Navy, Crane Ammunition Depot, Crane, IN
R.T. (ECAB 09-1133): Compensation termination reversed over longer work shift
R.T., a former Navy ordnance worker, received disability compensation for accepted lumbar injuries. OWCP ended his compensation after he declined a clerk job offered by his former employer. The doctor whose opinion OWCP relied on said R.T. could perform restricted work for eight hours a day, but…
C.G. and Department of the Treasury, Internal Revenue Service, Ogden, UT
C.G. (ECAB 09-0247): Suitable work termination reversed
C.G., an IRS computer technician with an accepted cervical condition, accepted a tax examining technician position but later stopped work and retired on disability. OWCP ended her wage loss benefits, finding that she had abandoned suitable work. The Board found the job description did not explain…
J.M. and U.S. Postal Service, Post Office, Aliquippa, PA
J.M. (ECAB 09-0148): Consequential condition claim and reconsideration denial affirmed
J.M., a postal employee with an accepted back injury, asked OWCP to recognize erectile dysfunction as a consequence of that injury. An impartial urologist attributed the condition to vascular insufficiency rather than the accepted back condition. The Board gave that report greater weight because it…
Secretary of Labor v. Frasure Creek Mining, LLC
Missing assessment reopened
Frasure Creek Mining said it had requested an MSHA conference on a citation but did not learn of the later proposed penalty assessment until receiving a delinquency notice. It said the employee responsible for routing assessments had been terminated and that a search of her files found other…
Secretary of Labor v. Williams & Sons Slate & Tile, Inc.
Payment error sent dismissals back
Four penalty cases had been dismissed after the Secretary told the Chief Judge that Williams & Sons had paid the assessments and no longer wished to proceed. The Secretary later discovered that MSHA had mistakenly credited payments from a different company with a similar name to Williams's account…
Secretary of Labor v. Cedar Lake Sand & Gravel Co.
One assessment reopened and answers required
Cedar Lake timely contested three citations, but Mine Act procedure separately required it to contest the later proposed penalties. It timely contested assessments for two citations but did not answer the Secretary's resulting penalty petition. It failed to contest the assessment for the third…
Secretary of Labor v. WKJ Contractor's Inc.
Second reopening request denied
WKJ Contractor's first reopening request was denied because it described misfiling a citation contest but did not explain why the company failed to contest the later penalty assessment. The Commission expressly invited a renewed request with a full explanation and supporting documents. WKJ waited…
Secretary of Labor v. Specialty Rock Products, Inc.
Misaddressed contests reopened
Specialty Rock Products said it sent contests for two proposed assessments to MSHA's Franklin, Tennessee office instead of the Civil Penalty Compliance Office in Arlington, Virginia, whose address appeared on the forms. The Commission said the contests were apparently sent within the 30-day…
Matter of Lynette S. ROSE
A deceased spouse need not sign a joint petition
The Board reconsidered a removal case involving a conditional lawful permanent resident whose petitioning spouse died during the two-year conditional period. The respondent had timely filed the Form I-751 petition to remove the conditions and had appeared for the required interview, but the…
C.A. and U.S. Postal Service, Post Office, Memphis, TN
C.A. (ECAB 09-1272): No ratable impairment from accepted carpal tunnel syndrome
C.A., a postal distribution supervisor, had accepted bilateral carpal tunnel syndrome and underwent surgery on both hands. She sought a schedule award for permanent impairment. An OWCP second opinion surgeon attributed her current hand limitations to rheumatoid arthritis rather than residuals of…
Titan Tire Corp. and Dico, Inc.
In re Titan Tire Corp. and Dico, Inc. (EAB CERCLA 106(b) Petition No. 09-01): reimbursement petition dismissed without prejudice
Titan Tire Corp. and Dico, Inc. sought reimbursement for costs incurred while performing removal work under an EPA Region 7 administrative order for the Southern Iowa Mechanical Site in Iowa. They filed the reimbursement petition two days after submitting their final project report to EPA. Region 7…
Secretary of Labor v. Drum Sand & Gravel, Inc.
Reopening request omitted missed-deadline reason
Drum Sand & Gravel asked to reopen a final penalty assessment and explained why it wanted to contest several citations. It did not explain why it had failed to return the assessment contest form on time or identify any mistake, inadvertence, or excusable neglect. MSHA's records showed that the…
J.K. and Department of the Navy, Concord Naval Weapons Station, Concord, CA
J.K. (ECAB 09-1812): Refusal to reopen benefits claim upheld
J.K., a former Navy stevedore, sought to reopen a claim after OWCP ended benefits for an accepted sciatica condition. He argued that OWCP should also recognize bulging and herniated discs, but his reconsideration request included no new documents. The Board found that he supplied neither a new…
J.M. and Department of the Air Force, San Pedro, CA
J.M. (ECAB 09-1483): Blood exposure claim lacked an identifiable injury
J.M., an Air Force police officer, reported contact with another person's blood while making an arrest. He was concerned about possible hepatitis C exposure. OWCP accepted that the contact occurred but denied his claim because the medical reports identified no injury or illness caused by it. The…
T.B. and U.S. Postal Service, Post Office, Indianapolis, IN
T.B. (ECAB 09-1428): Knee condition claim lacked a medical link to postal duties
T.B., a postal employee, claimed that her current window clerk duties and earlier rural carrier duties caused or worsened a left knee condition. OWCP accepted her account of the work activities but found no sufficient medical explanation linking them to a diagnosed condition. The Board found that…
P.M. and Department of the Air Force, Hill Air Force Base, UT
P.M. (ECAB 09-1418): Accepted hearing loss did not qualify for a schedule award
P.M., a retired Air Force quality assurance specialist, had an accepted claim for hearing loss related to workplace noise. OWCP authorized medical benefits but denied a schedule award after its medical adviser found no ratable impairment in either ear. The Board agreed with the calculation from the…
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.