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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I.G. and DEPARTMENT OF THE NAVY, NAVY ACCOUNTING & FINANCE CENTER, Washington, DC
I.G. (ECAB 09-0515): Overpayment upheld, first deposit fault finding set aside
I.G., a former Navy secretary, continued receiving a higher compensation rate for dependents after her husband died and she had no other eligible dependents. OWCP found a $10,102.08 overpayment and held her at fault for the entire period. The Board upheld the amount and found that she knew or…
D.M. and DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY, SHARPE ARMY DEPOT, Stockton, CA
D.M. (ECAB 09-0477): Back injury benefit termination upheld
D.M., a Defense Logistics Agency packer, had accepted back and leg conditions after a box fell on her thigh. OWCP ended her compensation and medical benefits based on an impartial orthopedic surgeon's opinion that the accepted injuries had resolved. The Board found his examination, record review…
B.W. and U.S. Postal Service, Post Office, Owenton, KY
B.W. (ECAB 10-218): Postal worker's overpayment finding sent back for pay rate review
B.W., a rural carrier associate, received wage loss compensation and schedule awards after a work related shoulder injury. OWCP found a $7,443.64 overpayment, saying it had used the wrong weekly pay rate. The Board found that OWCP had not explained how it applied the statutory pay rate rules to…
D.S. and U.S. Postal Service, Post Office, Cleveland, OH
D.S. (ECAB 09-1416): Knee injury claim denied for lack of medical explanation
D.S., a postal custodian, reported left knee pain after stepping down from a doorstep at work. OWCP accepted that the incident happened but denied his injury claim. His orthopedic surgeon diagnosed a torn anterior cruciate ligament, degenerative joint disease, and a possible meniscus tear. The…
I.H. and U.S. Postal Service, Post Office, New York, NY
I.H. (ECAB 09-1402): Request to reopen back injury claim denied
I.H., a postal mail handler, sought compensation for a back injury he attributed to picking up a mailbag. OWCP denied the claim and later refused to reopen it on reconsideration. His attorney resubmitted medical reports that OWCP had already reviewed and argued that they established a work related…
C.R. and Department of Veterans Affairs, Veterans Administration Medical Center, West Palm Beach, FL
C.R. (ECAB 09-1380): Vaccine exposure claim denied for lack of medical proof
C.R., a nurse at a Veterans Affairs medical center, reported that shingles developed after vaccine liquid splashed onto her hand at work. OWCP accepted that the exposure happened but found insufficient medical proof that it caused her condition. A physician said it was unknown whether the workplace…
C.C. and U.S. Postal Service, Post Office, Akron, OH
C.C. (ECAB 09-1373): Carpal tunnel schedule award denied as premature
C.C., a postal clerk, had an accepted claim for bilateral carpal tunnel syndrome and sought a schedule award for permanent impairment. OWCP denied the award because the medical record did not establish a permanent impairment. Her doctor could not say whether her condition had reached maximum…
G.B. and Department of the Treasury, Internal Revenue Service, Holtsville, NY
G.B. (ECAB 09-1275): IRS employee's benefit termination reversed
G.B., an IRS tax examining technician, had an accepted claim for injuries from a workplace fall and a separate determination of his ability to earn wages. OWCP ended his compensation and medical benefits based largely on a referral surgeon's opinion that the work related aggravation had ended. The…
G.W. and Department of Agriculture, Agricultural Research Service, Albany, CA
G.W. (ECAB 09-1211): Social Security offset and overpayment reversed
G.W., a former Department of Agriculture pipe fitter helper, received wage loss compensation for a 1986 back injury. OWCP found that Social Security benefits attributable to federal retirement service had created a $15,366.22 overpayment and reduced his compensation. The Board found conflicting…
J.J. and Department of Justice, Bureau of Prisons, Federal Correctional Institute, Fairton, NJ
J.J. (ECAB 09-982): Correctional officer's injury claim barred by willful misconduct
J.J., a correctional officer, was injured in a physical altercation with a coworker during his shift. The prison disputed his compensation claim, asserting that he had provoked the confrontation after repeated warnings about his conduct. The Board reviewed witness accounts and found that J.J. had…
W.M. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
W.M. (ECAB 09-908): Chemical exposure claim denied without medical causation evidence
W.M., a retired Army depot helicopter mechanic, claimed that exposure to Agent Orange and other substances at work caused peripheral neuropathy and a stroke. OWCP accepted minimal Agent Orange exposure but denied the claim for lack of medical proof linking it to either condition. The submitted…
J.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Syracuse, NY
J.L. (ECAB 09-884): Ten percent right arm impairment award upheld
J.L., a nurse at a Veterans Affairs medical center, sought a larger schedule award for right arm impairment after accepted wrist conditions. Her treating surgeon rated the impairment at 25 percent, while an OWCP adviser found none. An impartial orthopedic surgeon reviewed the conflicting findings…
Y.H. and U.S. Postal Service, Post Office, Greensboro, NC
Y.H. (ECAB 09-1271): Hotel stay injury claim denied without medical causation proof
Y.H., a postal mechanic, reported painful foot lesions and a possible insect bite while staying in a hotel for work training. OWCP denied her injury claim because the medical record did not connect the diagnosed conditions to her temporary assignment. The Board explained that employees on temporary…
B.W. and U.S. Postal Service, Post Office, Owenton, KY
B.W. (ECAB 09-1210): Postal carrier's overpayment finding sent back for pay rate review
B.W., a rural carrier associate, received compensation after a 2003 workplace fall. OWCP later found a $10,467.50 overpayment based on a lower weekly pay rate. The Board found that B.W. had worked much of the preceding year on variable hours and that OWCP should have calculated his average daily…
D.L. and U.S. Postal Service, Post Office, Philadelphia, PA
D.L. (ECAB 09-1078): Additional injury conditions sent back for medical review
D.L., a postal worker, had accepted left shoulder conditions and sought recognition of additional neck, back, arm, and right shoulder conditions. After an earlier remand, OWCP obtained an orthopedic surgeon's opinion and denied the additional claim. The Board found that the surgeon had given only a…
J.B. and U.S. Postal Service, Southeastern Postal & Distribution Facility, Southeastern, PA
J.B. (ECAB 09-1017): Right arm impairment dispute sent to a new examiner
J.B., a postal worker with accepted right shoulder conditions, sought more than the 10 percent right arm impairment award she had received. An impartial surgeon did not supply the shoulder motion measurements requested after an earlier Board remand. The Board found that visual inspection and…
C.R. and Department of the Air Force, McClellan Air Force Base, CA
C.R. (ECAB 09-984): Untimely reconsideration request rejected
C.R., a former Air Force equipment operator, challenged an OWCP decision reducing his wage loss compensation based on his ability to work as a storage facility rental clerk. He requested reconsideration more than one year after that decision. The Board found that his renewed arguments, previously…
S.S. and U.S. Postal Service, Lincolnton Post Office, New York, NY
S.S. (ECAB 09-802): Wage loss claim denied for lack of disability proof
S.S., a postal worker, sought wage loss compensation for several years after OWCP accepted aggravation of right hand carpal tunnel syndrome. The Board found that medical reports did not explain how that accepted condition prevented her from working during the claimed period. Several reports…
J.C. and Department of the Air Force, Wilford Hall Medical Center, Lackland Air Force Base, TX
J.C. (ECAB 09-609): Benefit suspension reversed for missing required notice
J.C., a former Air Force medical center nurse, missed a scheduled OWCP medical examination while receiving compensation for a back injury. OWCP suspended his benefits for a short period and later upheld the suspension. The Board found that OWCP had given notice and an opportunity to explain an…
C.B. and Department of Veterans Affairs, North Texas Health Clinic System, Dallas, TX
C.B. (ECAB 09-923): Recurrence disability claim denied for lack of medical link
C.B., a Veterans Affairs medical support assistant, stopped work months after a fall that caused accepted nerve conditions. She sought wage loss compensation beginning September 3, 2007. The Board found that her physicians described disability and several diagnoses but did not adequately explain…
L.H. and Department of Defense, U.S. Army Corps of Engineers, Walla Walla, WA
L.H. (ECAB 09-1263): Kidney cancer claim timely and sent back for review
L.H., an electrician, claimed that chemical exposure during earlier naval shipyard work caused kidney cancer. OWCP denied the claim as filed more than three years after his last exposure. The Board found that the filing period for a latent condition began when L.H. knew or reasonably should have…
G.G. and U.S. Postal Service, Seattle Bulk Mail Center, Seattle, WA
G.G. (ECAB 09-1084): Wage loss denial and refusal to reopen upheld
G.G., a postal mail handler with an accepted left cubital tunnel condition, sought compensation for work absences in 1999. The Board found that his medical reports did not explain how that accepted condition prevented him from working on the claimed dates. Some reports described diagnoses or time…
D.S. and U.S. Postal Service, Post Office, Lodi, CA
D.S. (ECAB 09-881): Postal worker's emotional condition claim denied
D.S., a postal carrier, attributed an emotional condition to management actions and alleged harassment. The Board accepted one work factor: management improperly withdrew his light duty assignment in November 2003. It found the other alleged administrative errors and harassment insufficiently…
C.F. and Department of the Army, U.S. Army Corps of Engineers, Vicksburg, MS
C.F. (ECAB 09-819): Recurrence claim after retirement denied
C.F., a former Army Corps employee with an accepted left hip injury, sought wage loss compensation after retiring from a modified duty position. Her doctors attributed her inability to work mainly to knee and other conditions, or did not explain a connection to the accepted hip injury. The Board…
R.L. and U.S. Postal Service, Post Office, Charlotte, NC
R.L. (ECAB 09-714): Wage loss and spinal surgery claims denied
R.L., a postal carrier, had accepted neck and back strains from a 2004 fall and later sought wage loss compensation and spinal surgery. She had returned to full time work in 2005 before stopping in 2008. The Board found that her surgeon had not adequately explained how the earlier fall or accepted…
F.R. and Department of the Army, Human Resources Command, Alexandria, VA
F.R. (ECAB 09-575): Untimely reconsideration of sidewalk injury claim denied
F.R., an Army human resources specialist, sought to reopen a denied claim for injuries from a fall on a sidewalk near her office. Her reconsideration request arrived more than a year after the merits denial. The Board found no proof that earlier requests from her attorney had been mailed or…
United States Department of Housing and Urban Development, Los Angeles Field Office, Los Angeles, California (Agency) and National Federation of Federal Employees, Local 1450 (Union)
HUD Los Angeles and NFFE Local 1450 (FLRA 0-AR-4274): Union president's reprimand overturned
HUD reprimanded a union president for sending unusual emails and photographing another employee through a glass office panel. An arbitrator found that HUD gave her no notice that the conduct could lead to discipline and did not seek her account before issuing the reprimand. The arbitrator also…
United States Department of Transportation, Federal Aviation Administration (Respondent) and National Air Traffic Controllers Association (Charging Party)
FAA and NATCA (FLRA WA-CA-05-0095): Steward's flight-test removal found unlawful
An FAA aerospace engineer serving as a union steward emailed other union representatives about medical fitness requirements for flight testing. The FAA then barred him from a test flight for which he would have earned hazardous duty pay. An administrative judge had recommended dismissing the…
Secretary of Labor v. Shelby Mining Company, LLC
Ventilation and preshift failures cost $10,000
At Shelby Mining's gassy underground coal mine, an inspector found an unbolted entry with a line curtain too far from the face and no evidence that the required exhaust curtain had been used during mining. The preshift examiner had also failed to identify or record the ventilation defects and…
Secretary of Labor v. Ohio County Coal Company
Roof, cable, and fire citations yield $4,707
MSHA cited 11 conditions at Ohio County Coal's underground Freedom Mine involving roof support, an electrical cable splice, equipment permissibility, and fire suppression. Six citations were settled, including two vacated citations and four paid at the assessed amounts. Of the five litigated…
United States Department of the Air Force, Aerospace Maintenance And Regeneration Center, Davis-Monthan Air Force Base, Tucson, Arizona (Respondent/Agency) and American Federation of Government Employees, Local 2924 (Charging Party/Union)
Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA DE-CA-02-0172): Rehabilitation agreement enforced
The Air Force removed employees covered by a negotiated agreement that protected certain employees during drug rehabilitation. After a court found clear breaches of the agreement and returned the case, the Authority held that the breaches amounted to an unfair labor practice. It found the agreement…
Rex Dryden v. The Dayton Power & Light Company
Dryden v. Dayton Power & Light (BRB 09-0315): riverfront coal site covered by Longshore Act
Rex Dryden injured his back while working as a coal handling operator at Dayton Power & Light's generating station on the Ohio River. Coal arrived there by barge and was moved through the facility for power generation. An administrative law judge awarded temporary and then permanent total…
Tire Star, Inc.
Roof, chemical, and ladder violations affirmed
Tire Star sent three automotive workers to patch the roof of a vacant building that it was renovating for use as a tire and repair facility. OSHA found that the workers used hazardous roofing chemicals without a written hazard communication program, safety data sheets, or chemical training. They…
Public Utilities Maintenance, Inc.
Energized-tower approach-distance citation affirmed
A Public Utilities Maintenance crew painted a 69-kilovolt transmission tower while the lines remained energized. An experienced crew leader received an electric shock on a tower where a live jumper loop was less than the required three-foot approach distance from part of the structure. The judge…
Acme Energy Service, Inc
Electrical items split after fatal rig-site shock
An employee at Acme's oil-drilling site died after contacting the energized metal frame of the tool pusher's trailer. The judge affirmed serious violations for unlabeled circuit breakers and uncovered openings in an electrical panel because the conditions were plainly visible and should have been…
American Federation of Government Employees, Local 2923 (Union) And United States Department of Health And Human Services, National Institute of Health, National Institute of Environmental Health Sciences (Agency)
AFGE Local 2923 and environmental health institute (FLRA 0-NG-2951): Day care pesticide proposal negotiable
The union proposed that the National Institute of Environmental Health Sciences stop paying for or approving pesticide use at an employee day care center and seek a pesticide-free pest management system. The institute argued that the Environmental Protection Agency operated the building and…
United States Department of Veterans Affairs Medical Center, Tuscaloosa, Alabama (Agency) and American Federation of Government Employees, Local 131 (Union)
VA Tuscaloosa and AFGE Local 131 (FLRA 0-AR-4240): Gardener selection must be rerun
The Tuscaloosa VA Medical Center filled a gardener leader position with an external applicant after making a procedural error in the selection process. It offered the internal applicant priority consideration for a future opening. An arbitrator instead ordered the VA to return to the preselection…
United States Department of the Army, Headquarters, 10th Mountain Division (Light Infantry) & Fort Drum, Fort Drum, New York And United States Department of the Army, U.S. Army Medical Activity, Fort Drum, New York (Respondents/Agency) and American Federation of Government Employees, AFL-CIO, Local 400 (Charging Party/Union)
Fort Drum and AFGE Local 400 (FLRA BN-CA-05-0227): Official time flier complaint dismissed
Union representatives at Fort Drum distributed fliers urging employees to comment on a proposed federal personnel system. The Army told them they could not distribute the fliers while using official time. An administrative judge found that restriction unlawful, but the Authority dismissed the…
J.A. and Department of Homeland Security, Transportation Security Administration, Charlotte-Douglas International Airport, Charlotte, NC
J.A. (ECAB 09-1430): Airport officer's injury claim denied for lack of medical link
J.A., a transportation security officer, reported back and shoulder problems after walking into a partition at work. OWCP accepted that the incident happened but denied the claim for lack of medical proof of injury caused by it. Her physicians recorded the incident and diagnosed several conditions…
C.L. and Department of Homeland Security, Transportation Security Administration, Green Bay, WI
C.L. (ECAB 09-1287): Six percent left arm impairment award upheld
C.L., an airport security screener, sought a larger schedule award for a left shoulder injury after receiving an award for six percent impairment. His surgeon had rated the impairment at 10 percent but did not explain the calculation under the applicable guides. An OWCP medical adviser used the…
J.C. and U.S. Postal Service, Post Office, National Park, NJ
J.C. (ECAB 09-1254): Ten percent impairment award for each arm upheld
J.C., a postal letter carrier, developed carpal tunnel syndrome in both arms from his work. OWCP awarded compensation for 10 percent permanent impairment of each arm, and J.C. sought larger awards based on his doctor's higher ratings. The Board gave greater weight to an independent referee…
S.H. and Department of the Army, Kimbrough Army Hospital, Fort Meade, MD
S.H. (ECAB 09-0892): Compensation termination reversed over referee selection
S.H., an Army hospital secretary, had accepted hand and arm conditions arising from her work. OWCP ended her compensation and medical benefits after a physician concluded that her work injuries had resolved. The Board found that the physician could not receive the special weight given to a properly…
L.K. and U.S. Postal Service, Post Office, Bangor, ME
L.K. (ECAB 09-0719): Recovery of duplicate schedule award upheld
L.K., a postal letter carrier, received overlapping schedule awards for impairment of his right leg. OWCP found an overpayment, determined that he was not at fault, and denied waiver of the principal while waiving interest. The Board upheld the finding that the later award duplicated an earlier…
D.M. and Department of Veterans Affairs, Veterans Health Administration, Carl Vinson Veterans Medical Center, Dublin, GA
D.M. (ECAB 09-0684): Lumbar injury benefit termination reversed
D.M., a nurse at a VA medical center, received compensation after a work-related lumbar strain. OWCP ended her benefits based on an impartial physician's report, then denied wage loss for a later period of reduced hours. The Board found that the physician had described continuing deconditioning and…
K.H. and U.S. Postal Service, Processing & Delivery Center, Philadelphia, PA
K.H. (ECAB 09-0341): Left leg award denial upheld, right leg rating sent back
K.H., a postal worker with an accepted lumbar disc injury, sought schedule awards for impairment in both legs. OWCP awarded one percent for the right leg and none for the left. The Board upheld the left leg finding because the medical evidence did not link its impairment to the accepted back…
T.M. and U.S. Marine Corps, Marine Corps Logistics Base, Albany, GA
T.M. (ECAB 09-0321): Repeated record review requests denied
T.M., a Marine Corps mechanic, previously received written-record review of a denied schedule award claim for an accepted back injury. He sought another written-record review and later asked OWCP to reconsider the earlier decision. The Board held that he had no right to a second review on the same…
National Association of Government Employees (Union) and United States Department of the Navy, Naval Base Ventura County (Agency)
NAGE and Naval Base Ventura County (FLRA 0-AR-4407): Firefighter's personnel form need not change
A Navy firefighter worked a temporary seven-day-on, seven-day-off schedule for more than two years, then returned to his previous schedule. He sought an amendment to his SF-50 personnel form, believing the temporary schedule could increase his retirement pay. An arbitrator denied the grievance…
United States Department of Homeland Security, U.S. Citizenship And Immigration Services (Agency) and American Federation of Government Employees, Local 3923 (Union)
Citizenship and Immigration Services and AFGE Local 3923 (FLRA 0-AR-4209): Withdrawal of exceptions stands
Citizenship and Immigration Services withdrew its exceptions to an arbitration award after telling the Authority that a formal decision was no longer needed. The Authority granted the withdrawal. The agency then said its representative had confused case numbers and asked the Authority to undo that…
J.S. and U.S. Postal Service, Post Office, Phoenix, AZ
J.S. (ECAB 09-0945): Benefit termination over offered postal job reversed
J.S., a postal carrier with accepted back and neck injuries, was offered a modified clerk job starting at 12 hours a week and progressing toward full time. OWCP ended her compensation after she did not return to the offered position. The Board found that the medical opinion OWCP relied on did not…
J.N. and Department of Transportation, Federal Aviation Administration, Cleveland, OH
J.N. (ECAB 09-0710): Air traffic controller's emotional condition claim sent back
J.N., an air traffic controller, sought compensation for an emotional condition he associated with events during his control duties. OWCP denied the claim because it found no established causal link to a compensable employment factor. The Board found that his account also described a response to…
L.M. and U.S. Postal Service, Post Office, Grand Rapids, MI
L.M. (ECAB 09-0690): Right foot award and pay rate upheld
L.M., a postal letter carrier, received an amended schedule award for impairment of his right foot after an earlier award measured the same impairment as nine percent of his right leg. The Board found that the 13 percent foot rating followed the impairment guides and gave him the more favorable…
S.B. and Department of Justice, Bureau of Prisons, Elkton, OH
S.B. (ECAB 09-0596): Chiropractic reimbursement denial upheld
S.B., a corrections officer, sought reimbursement for chiropractic care after an accepted training injury involving his shoulders, wrist, and later his neck and upper back. OWCP had authorized treatment from an osteopath, but S.B. later obtained chiropractic treatment without OWCP authorization…
S.S. and Department of Homeland Security, Transportation Security Administration, Jamaica, NY
S.S. (ECAB 09-0569): Recurrence claim after return to light duty denied
S.S., a transportation security screener, returned to a limited-duty job after an accepted back strain and contusion, then stopped work again in April 2007. She sought compensation for recurrent disability. The Board found that her medical reports did not adequately show how the accepted 2006…
D.H. and U.S. Postal Service, Post Office, Santa Clarita, CA
D.H. (ECAB 09-0439): Manager's emotional condition claim returned for medical review
D.H., a postal sales manager, claimed an emotional condition after conflicts with staff and management and a transfer out of her management position. The Board found no proven error or abuse in the employer's personnel actions, including the transfer and investigation. It held, however, that the…
D.B. and Federal Deposit Insurance Corporation, Resolution Trust Corporation, Newport Beach, CA
D.B. (ECAB 09-0348): Consequential emotional condition sent for referee opinion
D.B., a former federal managing agent, claimed that anxiety and panic symptoms followed an accepted work-related aggravation of a cervical condition. OWCP denied the emotional condition claim after a medical examiner concluded that the temporary neck aggravation did not cause it. The Board found a…
Secretary of Labor v. Freedom Energy Mining Co.
Four violations affirmed without S&S
MSHA cited two unsupported roof and rib conditions and two combustible-material accumulations at Freedom Energy's underground coal mine. Judge Avram Weisberger found that each condition violated the applicable roof-control or accumulation standard. He removed the S&S designations because the…
W.C. and Department of the Interior, National Park Service, Andersonville, GA
W.C. (ECAB 09-1292): Wage loss reduction based on rental car deliverer work upheld
W.C., a National Park Service maintenance worker, sustained a left shoulder injury while carrying and handling a ladder. OWCP accepted the injury and later reduced his compensation based on the wages of a rental car deliverer. The Board affirmed the reduction. His surgeon said he could work eight…
D.R. and U.S. Postal Service, Post Office, Las Vegas, NV
D.R. (ECAB 09-0968): Overpayment and waiver upheld, collection rate reconsidered
D.R., a Postal Service letter carrier receiving compensation for an accepted depression and mood disorder claim, was paid at a rate for workers with dependents after her youngest child turned 18. OWCP also failed to deduct basic life insurance premiums, creating a $15,360.51 overpayment. The Board…
T.L. and U.S. Postal Service, Post Office, Birmingham, AL
T.L. (ECAB 09-0962): Wage loss and continued psychotherapy denied
T.L., a Postal Service rural carrier, had an accepted right shoulder injury and sought wage loss for a period when she reported depression and anxiety. She also sought continued psychotherapy from a licensed counselor. The Board affirmed OWCP's denials. The counselor's opinion could not establish…
S.D. and U.S. Postal Service, Post Office, Rochester, NY
S.D. (ECAB 09-0895): Part-time work requires new overpayment calculation
S.D., a Postal Service employee receiving compensation for an accepted stress condition, returned to work as a part-time city carrier. OWCP treated her as working 40 hours a week when it calculated her wage earning capacity and a $12,297.61 overpayment. The Board found that the record showed she…
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.