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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T.G. and Department of the Air Force, Robins Air Force Base, GA
T.G. (ECAB 09-1298): Hearing test showed no ratable impairment
T.G., an Air Force aircraft mechanic, sought a schedule award after years of workplace noise exposure. OWCP accepted a temporary work related aggravation of tinnitus but denied the award. Its medical adviser calculated zero percent hearing impairment in each ear from a January 2008 hearing test…
V.F. and U.S. Postal Service, Post Office, Tampa, FL
V.F. (ECAB 09-1239): Modified carrier wages supported ending wage-loss payments
V.F., a postal rural carrier with an accepted left shoulder injury, returned to work as a modified rural carrier associate. After she worked in that position for more than 60 days, OWCP used its actual wages to measure her wage-earning capacity and reduced wage-loss benefits to zero. She argued…
J.M. and U.S. Postal Service, Post Office, Dayton, OH
J.M. (ECAB 09-1189): Medical reports did not link back condition to postal slip
J.M., a postal letter carrier, slipped on ice and twisted his back while walking his route in March 2006. OWCP accepted that the incident occurred but denied his injury claim. After an earlier Board appeal, J.M. submitted two more doctors' reports attributing his back symptoms to the slip. The…
V.B., claiming as widow of K.B., and U.S. Postal Service, Processing & Distribution Center, Columbus, OH
V.B. (ECAB 09-1052): Death benefits claim was filed too late
K.B., a postal clerk, fell at work in April 2002, sustained a head injury, and died two days later. His widow, V.B., filed a death benefits claim in June 2006, after the three-year filing period. The Board found that the record did not show that his supervisor had notice within 30 days that the…
Billy Brannon v. Panther Mining, LLC
Deposition of opposing counsel denied
Panther Mining sought to depose Billy Brannon's attorney about the communications that led to safety complaints and about a letter identifying Brannon as the source of an imminent-danger complaint. Panther argued that the attorney, rather than Brannon, had reported the conditions and that the…
E.C. and U.S. Postal Service, Post Office, Riverdale, GA
E.C. (ECAB 09-1284): Overpayment confirmed; waiver sent back
E.C., a postal letter carrier with an accepted foot condition, received wage loss compensation calculated using an annual salary higher than his actual salary when his disability recurred. The Board upheld OWCP's finding that this produced a $2,627.61 overpayment. OWCP had found E.C. was without…
M.M. and Department of Labor, Mine Safety & Health Administration, Vacaville, CA
M.M. (ECAB 09-1422): Additional knee conditions not established
M.M., a mine safety inspector, twisted his left knee while trying to sit on an airplane, and OWCP accepted a knee sprain. He also sought acceptance of a meniscus tear, arthritis, and other knee conditions. The Board found that one physician diagnosed a meniscus tear without explaining its…
B.R. and U.S. Postal Service, Processing & Distribution Center, Royal Oak, MI
B.R. (ECAB 09-1384): Timely reconsideration request sent back to OWCP
B.R., a postal mail handler, sought reconsideration after OWCP denied her carpal tunnel syndrome claim. OWCP received an unsigned request with her claim number within one year of the denial, but refused to process it without a signature and date. When she submitted a completed request later, OWCP…
L.Y. and U.S. Postal Service, Processing & Delivery Center, Kansas City, MO
L.Y. (ECAB 09-1376): Late reconsideration request did not show clear error
L.Y., a postal clerk with an accepted lumbar strain, sought wage loss compensation for intermittent periods in 2005. OWCP denied that claim, and he asked for reconsideration more than one year after the last merits decision. The Board agreed that his request was late and found that the newer…
W.F. and U.S. Capitol Police, Washington, DC
W.F. (ECAB 09-1358): Two percent ankle impairment award affirmed
W.F., a Capitol Police officer, injured his right ankle at work and later received a schedule award for two percent permanent right leg impairment. His surgeon rated the impairment at three percent, including an extra point for pain, while OWCP's medical adviser rated it at two percent. The Board…
C.M. and Department of the Navy, Philadelphia Naval Business Center, Philadelphia, PA
C.M. (ECAB 09-1268): Shoulder impairment award returned for a new rating
C.M., a Navy mason, had a work related right shoulder injury and received a schedule award for 14 percent right arm impairment. A later physician measured greater loss of shoulder motion and rated his arm at 22 percent, including a separate pain rating. The Board found that OWCP's medical adviser…
M.M. and U.S. Postal Service, Post Office, Jackson, MS
M.M. (ECAB 09-1251): Foot condition claim and reconsideration denial affirmed
M.M., a postal sales and service associate, said prolonged standing and a delay in providing a suitable stool worsened her foot problems after surgery. The Board accepted that she identified work factors, but found no reasoned medical opinion linking a diagnosed condition to them. Her podiatrist's…
M.T. and U.S. Postal Service, Dominick V. Daniels Postal Facility, Kearny, NJ
M.T. (ECAB 09-1159): Earlier wage capacity finding left in place
M.T., a postal mail processor with accepted carpal tunnel, neck, and shoulder conditions, returned to limited duty at her regular salary. OWCP found that those wages represented her earning capacity, but she later claimed total disability beginning June 25, 2008. The Board found that her physician…
M.R. and Department of Homeland Security, Transportation Security Administration, Windsor Locks, CT
M.R. (ECAB 09-0869): Recurrence and consequential back claim denied
M.R., a TSA screener with accepted arm and shoulder conditions, returned to limited duty and later stopped working. M.R. claimed a recurrence of disability and said a low back condition resulted from compensating for the accepted injuries. The Board found no change in the limited duty assignment…
Matter of Jose MARCAL NETO, et al.
Immigration Judges may decide job portability
The Board reconsidered whether Immigration Judges may decide if an approved employment-based visa petition remains valid after a worker changes jobs or employers. The Board overruled Matter of Perez Vargas and held that Immigration Judges and the Board have jurisdiction to decide job portability…
C.P. and U.S. Postal Service, Post Office, Bartlett, IL
C.P. (ECAB 09-0625): Two periods of claimed disability denied
C.P., a postal rural carrier with an accepted occupational left ankle and foot condition, sought disability compensation for August 18, 2007 through March 18, 2008 and from March 19, 2008 onward. The Board found no medical reports establishing disability during the first period; C.P. had said she…
S.A. and Tennessee Valley Authority, Heavy Equipment, Muscle Shoals, AL
S.A. (ECAB 09-1551): Hearing loss timeliness claim returned for records
S.A., a former Tennessee Valley Authority truck driver, filed a hearing loss claim in 2008 after his last reported workplace noise exposure in 1994. OWCP denied the claim as late, reasoning that he should have known of the work connection by the date exposure ended. The Board found that employer…
P.L. and U.S. Postal Service, Post Office, Portland, OR
P.L. (ECAB 09-1454): Shoulder award claim returned for medical development
P.L., a retired postal letter carrier, sought a schedule award for lasting right shoulder impairment after an accepted 1991 work injury. OWCP had destroyed his original case file, leaving little medical documentation between that injury and a 2008 examination. A physician rated his right arm…
P.C. and Department of Commerce, Bureau of the Census, Washington, DC
P.C. (ECAB 09-1279): Wage capacity decision and late hearing denial affirmed
P.C., a former Census enumerator with accepted psychological conditions from a work injury, sought to change an earlier finding that he could earn wages as a customer service representative. The Board found that his medical reports did not explain why the accepted conditions prevented him from…
M.B. and Department of the Navy, NAVFAC Midland, Naval Station, Norfolk, VA
M.B. (ECAB 09-1219): Hearing loss claim returned for medical opinion
M.B., a Navy crane rigger, claimed that workplace noise caused hearing loss. OWCP denied the claim partly because it said he missed scheduled MRI scans and because it read an employer physician's report as ruling out a work connection. The Board found that the scan request concerned an unrelated…
C.V. and U.S. Postal Service, Post Office, Falls Church, VA
C.V. (ECAB 09-1215): Leg award upheld at higher pay rate
C.V., a postal letter carrier with accepted conditions in both feet and ankles, challenged a schedule award. The Board found that OWCP had rated both legs at seven percent, providing 40.32 weeks of compensation in total. It rejected her podiatrist's added impairment ratings because they were…
J.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Dublin, GA
J.S. (ECAB 09-1132): Overpayment and fault finding affirmed
J.S., a Veterans Affairs nurse with accepted back and other injuries, continued receiving partial disability compensation after returning to full-time paid duty in April 2006 and again in May 2007. The record also described an interval between those returns when she did not work. The Board…
P.L. and Department of the Army, Fort Sam Houston, San Antonio, TX
P.L. (ECAB 09-1051): Overpayment after return to work affirmed
P.L., an Army instructional systems specialist, returned to full-time limited duty on November 12, 2008 after an accepted work injury. She deposited a compensation check covering October 26 through November 22, including days after her return. The Board affirmed OWCP's calculation that $1,226.92 of…
R.S. and Social Security Administration, Center for Human Resources, Grand Rapids, MI
R.S. (ECAB 09-0752): Emotional condition claim denied
R.S., a Social Security attorney adviser, attributed emotional and physical symptoms to management actions, alleged retaliation, and pressure at work. The Board treated the investigation, grievances, appraisals, training, and building access changes as administrative matters and found no evidence…
Secretary of Labor v. Black Castle Mining Company and Michael Vira
Pipeline examination citation vacated
A bulldozer operator was fatally injured when his machine struck and ruptured a buried natural-gas pipeline at Black Castle's surface coal mine. MSHA alleged that the company and superintendent Michael Vira failed to identify inadequate pipeline marking during required examinations and sought…
Secretary of Labor v. Higgins Stone Company, Inc.
Office-move explanation lacked required details
Higgins Stone said a proposed assessment was lost when the company moved its office to another city. It did not state when the move occurred, explain how the assessment had been handled, or identify which of the 16 violations it wanted to contest. The Secretary did not oppose reopening but urged…
Robert Duncan v. Director, Office of Workers' Compensation Programs
Duncan v. Director, OWCP (BRB 09-0391 BLA): Trust Fund may owe counsel's fee
Robert Duncan obtained black lung benefits after a coal operator contested the claim but was later released from liability. His counsel requested $3,700 for work during that dispute. An administrative law judge denied the fee because the Director had not opposed Duncan's claim and the operator was…
L.R. and Department of Homeland Security, Transportation Security Administration, Anchorage, AK
L.R. (ECAB 09-1419): Work related injury claim lacked physician opinion
L.R., a TSA security screener, attributed back, left arm, and shoulder problems to lifting and moving luggage and boxes. OWCP accepted that she performed those duties. The Board found that the medical record lacked a reasoned physician's opinion connecting a diagnosed condition to that work. The…
R.T. and Department of Veterans Affairs, Veterans Administration Medical Center, Tuskegee, AL
R.T. (ECAB 09-1395): Back injury claim lacked medical link
R.T., a Veterans Affairs housekeeper leader, reported back pain after helping a coworker handle supplies. The Board accepted that the incident occurred at work. It found, however, that the physician's report did not say whether the incident caused or aggravated a diagnosed back condition. A nurse's…
C.Y. and U.S. Postal Service, Post Office, Portland, OR
C.Y. (ECAB 09-1341): Shoulder claim lacked reasoned medical opinion
C.Y., a postal mail handler, attributed right shoulder symptoms to repeatedly lifting mail trays and pushing containers. OWCP accepted that he performed those tasks. His physician diagnosed a repetitive use injury and marked a form as involving workers' compensation, but did not explain how…
H.C. and U.S. Postal Service, Post Office, Brookville, OH
H.C. (ECAB 09-1312): Partial disability recurrence denied
H.C., a postal window clerk with an accepted back disc injury, returned to full-time limited duty and then reduced her workday to six hours because of pain. The Board found that scans did not show a significant change in the accepted injury before the reduction. Her pain specialist restricted her…
G.W. and U.S. Postal Service, Post Office, San Francisco, CA
G.W. (ECAB 09-1243): Wage loss claim returned for medical clarification
G.W., a postal window clerk, had an accepted neck abrasion and adjustment disorder after a coworker assaulted him at work. He claimed he could not work from October 9 through November 17, 2006. His treating psychologist supported disability but did not fully explain its connection to the accepted…
T.S. and U.S. Postal Service, Post Office, Capital Heights, MD
T.S. (ECAB 09-1227): Knee claim and reconsideration denial affirmed
T.S., a postal equipment operator, said prolonged standing and riding a mail transport machine injured both knees. The Board accepted those work activities but found that her physician described the mechanism in speculative terms and did not explain how it caused the diagnosed knee conditions…
T.T. and Tennessee Valley Authority, Allen Fossil Plant, Memphis, TN
T.T. (ECAB 09-1223): Accepted hearing loss did not qualify for an award
T.T., a Tennessee Valley Authority laborer, had an accepted hearing loss attributed in part to workplace noise. The Board agreed that the audiogram produced zero percent hearing impairment under the schedule award formula, so the accepted loss was not ratable for an award. It also affirmed the…
K.R. and U.S. Postal Service, Post Office, Clinton, MO
K.R. (ECAB 09-1101): Wage loss denial and abandoned hearing affirmed
K.R., a postal carrier with an accepted right finger injury, worked in a limited duty assignment until her employer terminated her for security violations unrelated to the injury. The Board found that the assignment remained available and that medical reports showed she could still perform it, so…
B.C. and U.S. Postal Service, Roxanne H. Jones Station, Philadelphia, PA
B.C. (ECAB 09-1023): Back and knee injury claim lacked causal proof
B.C., a postal automated clerk, reported back and left knee pain after bending and lifting heavy mail trays. OWCP accepted that the work incident occurred. The Board found that her orthopedic surgeon's reports did not adequately explain how it caused or aggravated a diagnosed back or knee…
Secretary of Labor v. Paulson Rock Products
Timely district-office contest reopened
Paulson Rock Products called its local MSHA office after receiving a proposed assessment for nine citations. Based on that conversation, it sent the district office a letter contesting six penalties and citations within the 30-day deadline. The assessment form instead directed contests to MSHA's…
M.M. and U.S. Postal Service, Somerton Finance Station, Philadelphia, PA
M.M. (ECAB 09-1449): Right arm schedule award denied
M.M., a former postal clerk, sought an award for permanent right arm impairment after accepted shoulder, arm, and wrist injuries. Her physician proposed a substantial impairment rating, while OWCP's medical adviser found only one percent, creating a medical conflict. An impartial examiner found no…
C.M. and Department of the Air Force, System Command, Eglin Air Force Base, FL
C.M. (ECAB 09-1443): Wage loss and medical benefits termination affirmed
C.M., a former Air Force chemist, had an accepted chemical exposure condition involving allergic skin reactions and a long standing wage capacity determination. OWCP sought updated medical evidence and later ended compensation and medical benefits. His attending physician examined him on several…
T.A. and Department of Energy, Bonneville Power Administration, Portland, OR
T.A. (ECAB 09-1421): Duplicate compensation payment must be repaid
T.A., a Bonneville Power Administration electrical apprentice, received a direct deposit for wage loss from October 5 through 15, 2004. OWCP later sent a check for the same amount and the same period. The Board found that the second payment created a $1,132.93 overpayment. It also upheld fault…
C.B. and U.S. Postal Service, Morgan Processing & Distribution Center, New York, NY
C.B. (ECAB 09-1393): Reconsideration refusal affirmed
C.B., a postal custodian, sought reconsideration after OWCP denied his claim that a cage door injured his finger at work. For the later request, he supplied a form showing leave without pay for therapy after the alleged incident. The Board found that this form did not address whether the finger…
P.L. and Department of the Navy, Norfolk Naval Shipyard, Portsmouth, VA
P.L. (ECAB 09-1302): Additional carpal tunnel award denied
P.L., a former Navy employee with accepted carpal tunnel syndrome in both wrists, sought a larger left arm award and a right arm award. OWCP referred her to an impartial orthopedic surgeon after her physician and its medical adviser disagreed. The surgeon found only mild left hand residuals and no…
T.P. and U.S. Postal Service, Post Office, West Sacramento, CA
T.P. (ECAB 09-0991): Reconsideration denial affirmed
T.P., a postal window clerk, claimed that a steel mail cage door injured her right hand in February 1998. OWCP denied the injury claim as untimely, and she later asked it to reconsider. The Board reviewed only OWCP's refusal to reopen the claim. It found that her arguments repeated matters already…
R.M. and Department of the Air Force, Headquarters, Lackland Air Force Base, TX
R.M. (ECAB 09-0967): Impairment dispute sent to impartial specialist
R.M., an Air Force air conditioning mechanic, received schedule awards for impairment of his right arm and both legs following an assault by a coworker. His treating physician assessed greater impairment in the right arm and right leg than the physician selected by OWCP. The Board found that their…
D.M. and U.S. Postal Service, Southern Maryland Processing & Distribution Center, Capitol Heights, MD
D.M. (ECAB 09-0845): Headache recurrence claim returned for medical review
D.M., a postal clerk, had an accepted head and neck injury after a shelf struck her at work. She later claimed that worsening headaches caused a recurrence of total disability in August 2007. OWCP denied the claim, finding the medical evidence insufficient to connect the disability to the accepted…
A.M. and U.S. Postal Service, Post Office, Detroit, MI
A.M. (ECAB 09-0430): Additional impairment claim stays closed
A.M., a retired postal clerk with accepted bilateral carpal tunnel syndrome, had received schedule awards for 28 percent impairment of each arm. OWCP denied her request for an additional award, and she later sought reconsideration. The Board reviewed only OWCP's refusal to reopen that decision. It…
M.M. and Department of Homeland Security, Transportation Security Administration, Portland, OR
M.M. (ECAB 09-1313): Termination of compensation upheld
M.M., a TSA security screener, received compensation for accepted upper back strain and aggravation of a foot condition. OWCP terminated her benefits after a consulting orthopedic surgeon concluded that the work related conditions had resolved. The surgeon reviewed the medical record, examined her…
B.G. and U.S. Postal Service, Post Office, San Diego, CA
B.G. (ECAB 09-1266): Overpayment upheld, fault finding set aside
B.G., a postal employee, received a compensation check after OWCP preliminarily found that she was no longer entitled to payment because she had refused suitable work. OWCP issued its final determination after the check arrived. She also missed a scheduled hearing on the resulting overpayment. The…
C.A. and Department of the Navy, Naval Air Weapons Station, China Lake, CA
C.A. (ECAB 09-1253): Six percent left leg award upheld
C.A., a Navy electronics technician, had accepted lumbar disc injuries and underwent two back surgeries. She sought a schedule award based on her doctor's assessment of spinal impairment. OWCP awarded six percent impairment of her left leg based on its medical adviser's calculation of sensory loss…
G.K. and U.S. Postal Service, Post Office, Islandia, NY
G.K. (ECAB 09-1222): Compensation termination reversed
G.K., a postal mail sorter, received compensation after a work related lumbar disc injury and surgery. OWCP ended her benefits after treating a later surgeon's opinion as an impartial resolution of conflicting medical evidence. The Board found that the two earlier physicians had not actually…
J.J. and Department of the Army, Corps of Engineers, Mobile, AL
J.J. (ECAB 09-0911): Overpayment and repayment rate upheld
J.J., an Army Corps of Engineers employee, had previously been found to have forfeited compensation after knowingly omitting earnings from required forms. OWCP calculated a $195,318.25 overpayment and found him at fault, making a waiver unavailable. It set repayment at $620 every 28 days from…
T.C. and Department of Justice, Bureau of Prisons, Pine Knot, KY
T.C. (ECAB 09-0754): Recurrence claim after second injury denied
T.C., a prison corrections officer, sustained accepted neck and other injuries while restraining an inmate and later returned to limited duty. After a coworker assaulted him in December 2007, he claimed a recurrence of disability under the earlier injury claim. The Board found that his surgeon…
A.P. and Department of the Navy, Marine Corps Logistics Base, Albany, GA
A.P. (ECAB 09-0708): Wage earning capacity finding left in place
A.P., a Marine Corps Logistics Base employee, had accepted lumbar injuries and an earlier determination that his wage earning capacity reduced compensation to zero. He asked OWCP to change that finding, relying chiefly on reports that described pain, weakness, and limits on work. The Board found…
D.D. and Department of Transportation, Federal Aviation Administration, Oklahoma City, OK
D.D. (ECAB 09-0602): Benefits inquiry requires a reinstatement decision
D.D., an FAA legal instruments examiner, had accepted emotional conditions and received wage loss compensation. OWCP suspended her benefits after she missed a scheduled medical examination in 2003. When she later visited OWCP to ask how to resume benefits, it treated her inquiry as an untimely…
R.S. and Department of Health & Human Services, Social Security Administration, Office of Hearings & Appeals, Philadelphia, PA
R.S. (ECAB 09-0536): Termination of benefits upheld
R.S., a Social Security Administration legal assistant, received compensation for accepted back conditions after a workplace fall. OWCP ended her wage loss and medical benefits after an impartial orthopedic surgeon concluded that the accepted conditions had resolved. The Board gave his detailed…
National Treasury Employees Union (Union) and United States Department of Homeland Security, Bureau of Customs And Border Protection, Washington, D.C. (Agency)
NTEU and Customs and Border Protection (FLRA 0-NG-2809): Facial hair proposal remains negotiable
The union proposed allowing Customs and Border Protection officers to wear facial hair unless they were reasonably likely to need a respirator or another device requiring a clean shave. The agency sought reconsideration of an earlier ruling that the proposal was negotiable, arguing that the…
B.C. and Department of the Navy, Air Systems Command, Patuxent River, MD
B.C. (ECAB 09-1928): Compensation suspension upheld
B.C., a Navy employee receiving compensation, was scheduled for a second opinion orthopedic examination. He asked that the appointment be delayed until OWCP resolved other issues in his case and did not attend. After giving him notice and an opportunity to explain, OWCP suspended his benefits. The…
J.H. and U.S. Postal Service, Post Office, Greenville, NH
J.H. (ECAB 09-1406): Hearing request after Board review denied
J.H., a postal employee, previously appealed an $8,626.72 compensation overpayment to the Board, which affirmed it. After OWCP sent a demand for repayment, she requested a hearing and submitted financial information. The Board found that OWCP had issued no new final decision after its earlier…
C.C. and U.S. Postal Service, Bakersfield Processing & Distribution Center, Bakersfield, CA
C.C. (ECAB 09-1392): Back condition claim denied
C.C., a postal mail clerk, claimed that lifting and loading heavy mail trays caused or aggravated her back condition. Her physician diagnosed lumbar disease and indicated on a form that it was work related. The Board found that the physician did not explain how the work activities caused or…
J.B. and U.S. Postal Service, Post Office, Brooklyn, NY
J.B. (ECAB 09-1370): Knee injury claim denied
J.B., a postal letter carrier, twisted her left knee while walking at work in July 2008. OWCP accepted that the incident occurred but denied her claim for a resulting injury. The Board found that most medical reports did not explain how the incident caused any diagnosed condition. One surgeon said…
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.