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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S.R. and U.S. Postal Service, Post Office, Providence, RI
S.R. (ECAB 09-1020): Overpayment decision set aside over ignored conference request
S.R., a Postal Service rural carrier, returned to full-time work while OWCP continued paying total-disability compensation. OWCP found an $8,081.46 overpayment, held her at fault, and requested repayment. She timely requested a telephone conference and submitted financial information, but OWCP…
A.S. and Department of the Navy, Naval Medical Center, Portsmouth, VA
A.S. (ECAB 09-1004): Investigation-related emotional claim denied
A.S., a Navy medical center coordinator, attributed an emotional condition to an investigator's handling of her workplace complaint. The Board held that an investigation is an administrative matter rather than a regular job duty and that she provided no independent evidence of error or abuse in its…
T.W. and Department of the Interior, National Park Service, Wellfleet, MA
T.W. (ECAB 09-1001): Reconsideration denial upheld in torso injury case
T.W., a National Park Service painter, sought to reopen a claim that he injured his torso while moving a desk in 2005. OWCP had denied the claim because the medical evidence did not adequately connect a diagnosed condition to the work incident. His reconsideration request repeated his view of the…
G.R. and Department of the Army, MEDDAC, Fort Carson, CO
G.R. (ECAB 09-0948): Untimely reconsideration of forfeiture decisions denied
G.R., an Army program analyst, asked OWCP to reconsider earlier decisions forfeiting benefits after a state theft-by-deception conviction and finding an overpayment. His June 2008 request came more than a year after the last merit decision. The Board therefore applied the demanding…
C.M. and Department of the Navy, PAC Fleet/Shipyards, Pearl Harbor, HI
C.M. (ECAB 09-0912): Accepted hearing loss did not qualify for a schedule award
C.M., a Navy painting worker, had an accepted claim for hearing loss caused by workplace noise. He sought a schedule award, which requires a ratable level of permanent hearing impairment. A complete March 2008 evaluation produced a zero percent rating under the governing impairment guide. The Board…
P.A. and Department of the Army, Fort Monroe, Fort Monroe, VA
P.A. (ECAB 09-0903): Back disability recurrence claim denied for inadequate medical link
P.A., an Army firefighter, sought compensation for a claimed recurrence of back disability in 2005 after an accepted lumbar sprain and strain in 2001. His neurosurgeon attributed later disc disease and surgery to the original injury, but the Board found gaps in that opinion's factual basis and…
S.H. and U.S. Postal Service, Post Office, Kansas City, MO
S.H. (ECAB 09-0897): Neck therapy request denied for lack of medical support
S.H., a Postal Service mail handler, received approved physical therapy for an accepted right shoulder injury. She also requested therapy for her neck and parascapular region. The Board found that her physicians did not explain how the accepted shoulder injury caused a neck condition or why the…
P.L. and U.S. Postal Service, Post Office, Denham Springs, LA
P.L. (ECAB 09-0841): Reconsideration denial upheld in back injury claim
P.L., a Postal Service window clerk, claimed a work-related back condition after reporting pain while lifting a package. OWCP denied the claim in June 2007 because the medical evidence did not connect the condition to her job. She requested reconsideration but supplied no pertinent new evidence or…
D.H. and U.S. Postal Service, Post Office, Bethany, OK
D.H. (ECAB 09-0381): Suitable-work compensation termination reversed
D.H., a Postal Service carrier with accepted lumbar conditions, refused a modified carrier job that OWCP had deemed suitable. An impartial physician's earlier work limits supported the offered duties, but his later report added restrictions after considering her rheumatological condition. He…
United States Department of Housing And Urban Development (Agency) and American Federation of Government Employees National Council of HUD Locals 222 (Union)
HUD and AFGE Council 222 (FLRA 0-AR-4159): Interest on late performance awards upheld
HUD and the union stipulated that thousands of employees received performance awards late under their labor agreement, although the awards themselves had been paid. An arbitrator awarded interest for late payments covering 2003 through 2005, found entitlement to reasonable attorney fees, and…
B.G. and U.S. Postal Service, Post Office, Port St. Lucie, FL
B.G. (ECAB 09-1041): Neck and arm injury claim denied after hand-brake incident
B.G., a Postal Service letter carrier, claimed that pulling a tight hand brake in a delivery vehicle in July 2000 caused neck and right arm injury. After several prior denials, she submitted a 2008 orthopedic report attributing her condition to that incident. The Board found that the physician had…
P.J. and U.S. Postal Service, Memphis Bulk Mail Center, Memphis, TN
P.J. (ECAB 09-1000): Reconsideration of lumbar disease claim denied
P.J., a Postal Service distribution clerk, claimed that heavy lifting and pulling caused lumbar disc disease. OWCP denied the underlying claim because the medical evidence did not establish a causal relationship. In seeking reconsideration, she resubmitted a physician's note already in the record…
A.V. and Department of Veterans Affairs, Veterans Administration Medical Center, Dallas, TX
A.V. (ECAB 09-0871): Total disability claim denied after accepted lumbar strain
A.V., a Veterans Affairs nursing assistant, had an accepted lumbar strain after falling when a chair slipped. She returned to modified work but later claimed total disability beginning May 28, 2008. Her physician attributed the work stoppage partly to aggravation of preexisting conditions, but did…
D.S. and Department of the Treasury, Internal Revenue Service, Brooklyn Center, MN
D.S. (ECAB 09-0860): Chiropractic evidence warrants further injury review
D.S., an Internal Revenue Service computer assistant, reported back, neck, and shoulder pain after lifting a computer monitor at work. OWCP accepted that the incident occurred but rejected his claim because it found his chiropractor did not qualify as a physician under FECA. The Board found that…
N.T. and U.S. Postal Service, Post Office, Albany, NY
N.T. (ECAB 09-0814): Right-leg impairment award increased to 14 percent
N.T., a Postal Service distribution clerk, received a 12 percent right-leg schedule award after an accepted ankle injury and several authorized foot surgeries. Her treating surgeon rated impairment under New York State standards, while OWCP's medical adviser applied the required federal impairment…
B.D. and U.S. Postal Service, Compton Post Office, Los Angeles, CA
B.D. (ECAB 09-0769): Neck and back claim and reconsideration denied
B.D., a Postal Service clerk, claimed that years of work caused or aggravated cervical and lumbar conditions. The Board accepted that she performed the identified duties, but found that the medical reports did not explain how those duties caused the diagnosed conditions. Some records had illegible…
L.W. and U.S. Postal Service, Shared Service Center, Pittsburgh, PA
L.W. (ECAB 09-0685): Compensation termination reversed for weak medical basis
L.W., a Postal Service distribution clerk, had an accepted aggravation of lumbar neuritis and radiculitis after a mail hamper struck her hip. OWCP ended compensation based on a referral physician's view that the work injury had no continuing effects. The Board found that he did not explain his own…
R.D. and U.S. Postal Service, Post Office, Raleigh, NC
R.D. (ECAB 09-0678): Knee and back injury claim denied for lack of diagnosis
R.D., a Postal Service mail handler, reported a left knee and back injury while pulling mail from a truck trailer. OWCP accepted that the September 28, 2008 work incident occurred. The Board found that the physician's form recorded pain rather than a clear diagnosis, gave only a checked box on work…
C.C. and U.S. Postal Service, Post Office, Tulsa, OK
C.C. (ECAB 09-0618): Wage-loss claim denied for lack of date-specific medical proof
C.C., a Postal Service letter carrier, sought wage-loss compensation for intermittent absences between November 16, 2001 and October 20, 2006 after an accepted back injury. His physician identified one week off in November 2001 and later described recurring flare-ups, but did not provide…
L.M. and U.S. Postal Service, Post Office, St. Louis, MO
L.M. (ECAB 09-0540): Foot condition did not establish renewed wage-loss disability
L.M., a former Postal Service carrier, had accepted plantar fasciitis and aggravated heel spurs and received treatment and schedule awards. She later sought wage-loss compensation beginning in May 2004, after leaving a private-sector job. Her physician attributed ongoing foot problems to the…
National Association of Government Employees, Service Employees International Union, Local R4-45 (Union) and United States Department of Defense, Defense Commissary Agency, Oceana, Virginia (Agency)
NAGE Local R4-45 and Defense Commissary Agency (FLRA 0-AR-4302): Light-duty leave ruling upheld
A commissary cashier had a documented medical restriction on prolonged standing. When leg pain prevented her from continuing at a register, she requested light-duty work, but her supervisor placed her on unpaid leave until such work was available. An arbitrator found no contract violation after…
Secretary of Labor v. Pine Ridge Coal Company, LLC
Renewed reopening request granted
Pine Ridge Coal initially said a clerical error caused it to miss the deadline to contest 12 penalties, but the Commission denied reopening because that explanation lacked detail. Its renewed motion included the safety manager's affidavit explaining that he marked the assessment and then…
Secretary of Labor v. U.S. Silver-Idaho, Inc.
Missed-calendar penalties reopened
U.S. Silver mailed its penalty contest about one week late after its safety superintendent failed to route the form for mailing under the company's established process. The company promptly sought reopening when MSHA identified the problem. It also revised its calendar controls to prevent another…
Broadcasting Board of Governors (Agency) and American Federation of Government Employees, Local 1812 (Petitioner/Labor Organization)
Broadcasting Board of Governors and AFGE Local 1812 (FLRA WA-RP-09-0023): Public affairs specialists remain in the unit
AFGE sought to clarify whether two public affairs specialists at the Broadcasting Board of Governors belonged in its bargaining unit. The agency argued that they were confidential employees because their supervisor and staff received advance information about workplace matters. The regional…
Secretary of Labor v. Consolidation Coal Company
Six-month reopening delay unexplained
Consolidation Coal sought to reopen penalties for 107 citations after an assessment disappeared within its internal distribution process. The Commission declined to infer from this single incident that the company's procedures were necessarily unreliable. The decisive problem was timing: MSHA sent…
Secretary of Labor v. Moltan Company
Final assessment reopened after staffing disruption
Moltan missed the deadline to contest penalties after its founder died, new management took over, and the employee who received the assessment abruptly left without flagging its deadline. Company officials later found the assessment in papers left in the former employee's office. Moltan promptly…
Secretary of Labor v. Hoover, Inc.
Untraceable assessment delivery reopened
Hoover said it never received an assessment covering six citations, despite delivery records naming an employee who was on long-term medical leave. The company investigated but could not find the package or identify who signed for it. It had previously told MSHA that it intended to contest all six…
Secretary of Labor v. Liggett Mining, LLC
Certified-mail contests recognized
Liggett Mining mailed four penalty contests separately by certified mail nine days after receiving the assessments. Delivery records showed that MSHA received all four envelopes two days later, but MSHA later sent delinquency notices because it had no record of the contests. Liggett promptly sought…
Matter of Alejandro MORENO-ESCOBOSA
Plea date controls section 212(c) waiver eligibility
The Board reviewed a respondent's appeal after an Immigration Judge found him removable for a controlled-substance conviction, pretermitted his application for a former section 212(c) waiver, and denied cancellation of removal. The Board held that the date of the plea agreement, rather than the…
United States Department of Agriculture, Forest Service, Albuquerque Service Center, Human Capital Management, Albuquerque, New Mexico (Activity) and National Federation of Federal Employees, International Association of Machinists and Aerospace Workers (Petitioner/Labor Organization)
Forest Service Albuquerque and NFFE (FLRA DA-RP-09-0001): Election may proceed with disputed positions
After the Forest Service centralized human resources work in Albuquerque, NFFE petitioned for an election among employees at the new service center. The Forest Service challenged the regional director's decision to include 14 human resource specialists and one audit liaison specialist in the…
American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency)
AFGE Local 2145 and Richmond VA Medical Center (FLRA 0-NG-2920): Union office key proposal outside duty to bargain
AFGE proposed controlling the keys to its offices at the Richmond VA Medical Center and allowing management access only in emergencies with union authorization. The VA said the proposal conflicted with its security policy for controlling keys and safeguarding patients, staff, and property. The…
Secretary of Labor v. Johnson Paving Company, Inc. and William T. Pinson
Equipment findings split
MSHA cited equipment defects at Johnson Paving's small granite quarry and sought individual penalties against foreman William Pinson for knowing violations. Judge David F. Barbour affirmed the trackhoe order based on missing steps and broken mirrors, found it resulted from high negligence and…
Secretary of Labor v. Cessford Construction Company
Active penalty case made reopening moot
Cessford Construction asked the Commission to reopen a proposed penalty assessment. The Secretary's record review showed that Cessford had already filed a timely contest and that the penalties were being litigated in an active civil penalty case. The Secretary had filed a petition and Cessford had…
American Federation of Government Employees, Council 238 (Union) and United States Environmental Protection Agency (Agency)
AFGE Council 238 and EPA (FLRA 0-NG-2827): Negotiability petition dismissed as late
AFGE sought an Authority ruling on six proposals connected to the EPA's financial-services consolidation. Its negotiability petition was initially dismissed without prejudice while a related unfair labor practice charge and grievance were pending. The union withdrew the unfair labor practice…
United States Environmental Protection Agency, New York, New York (Agency) and American Federation of Government Employees, Council 238 (Union)
EPA New York and AFGE Council 238 (FLRA 0-AR-4153): Bargaining remedy upheld
The EPA planned to consolidate financial services and disagreed with AFGE over whether the union had missed its contractual deadline to request bargaining. An arbitrator found that the agency's later plan was part of ongoing negotiations, so the union had not lost its chance to bargain, and ordered…
Secretary of Labor v. B & H Transfer Company
Misfiled and erroneous penalties corrected
B & H Transfer asked to reopen two proposed assessments. For the first, the Secretary acknowledged that MSHA had misfiled a timely contest and corrected its records so the penalty case could proceed normally. For the second, the Secretary acknowledged that the penalty had been assessed against B &…
Secretary of Labor v. Oldcastle Stone Products
One penalty reopened, 28 denied
Oldcastle Stone received an assessment for 29 violations but did not return the assessment form because it did not understand that a separate penalty contest was required. It had, however, already filed a timely citation contest for Citation No. 6105371, showing a clear intent to challenge that…
Matter of Maria C. YAURI
USCIS controls arriving-alien adjustment applications
The Board considered an untimely motion to reopen filed by an arriving alien who wanted to pursue adjustment of status with United States Citizenship and Immigration Services. It held that USCIS has exclusive jurisdiction over an arriving alien's adjustment application, subject to a narrow…
D.G. and Tennessee Valley Authority, Muscle Shoals, AL
D.G. (ECAB 09-0906): Hearing-loss claim lacked medical proof of work causation
D.G., a Tennessee Valley Authority painter and sandblaster, claimed that years of workplace noise caused his bilateral hearing loss. OWCP accepted the noise exposure but denied the claim because the medical evidence did not link his hearing loss to that exposure. The Board credited an examining…
A.W. and U.S. Postal Service, Post Office, Carol Stream, IL
A.W. (ECAB 09-0849): Medical evidence did not connect claimed disability to accepted injury
A.W., a Postal Service mail handler, injured his neck and shoulder while pushing a bulk mail container. OWCP accepted cervical and shoulder strains and a left rotator cuff tear, but denied further wage-loss compensation beginning February 7, 2006. A.W. argued that a herniated cervical disc…
A.N. and U.S. Postal Service, Post Office, Chicago, IL
A.N. (ECAB 09-0798): Supervisor's lunch errand brought trip within employment
A.N., a Postal Service letter carrier, was in a car accident while driving to pick up lunch for her supervisors. OWCP initially found that the accident fell outside her work duties. Its hearing representative accepted the supervisor’s instruction but still found no sufficient employer benefit or…
B.W. and U.S. Postal Service, Syracuse Air Mail Facility, Syracuse, NY
B.W. (ECAB 09-0743): Overpayment amount required credit for part-time disability
B.W., a Postal Service ramp clerk, continued receiving total disability benefits after returning to light-duty work in August 2007. OWCP calculated a $1,158.06 overpayment as if he had no wage loss after August 20 and found him at fault for accepting the check. The Board agreed that he knew or…
M.S. and U.S. Postal Service, Post Office, Des Moines, IA
M.S. (ECAB 09-0654): Spinal stimulator request and late written-review request denied
M.S., a Postal Service custodian with an accepted back injury and prior spine surgeries, sought authorization for a spinal cord stimulator to address continuing leg pain. OWCP denied the treatment after its medical adviser found that the treating physician had not documented a thorough evaluation…
S.L. and U.S. Postal Service, Post Office, Columbus, OH
S.L. (ECAB 09-0627): No ratable left-hand impairment for schedule award
S.L., a Postal Service mail processor, had accepted trigger finger conditions in two left-hand fingers and underwent surgery. She later sought a schedule award for permanent impairment of her left upper extremity. Her treating surgeon did not provide an impairment rating. A second-opinion surgeon…
T.B. and U.S. Postal Service, New Jersey International & Bulk Mail Center, Jersey City, NJ
T.B. (ECAB 09-0562): Impartial examination supported five-percent awards for each arm
T.B., a Postal Service maintenance support clerk, had accepted wrist tendinitis and carpal tunnel syndrome in both arms. She challenged schedule awards rating each upper extremity at five percent impairment, relying on a physician's much higher ratings and her continuing symptoms. An impartial…
V.M. and U.S. Postal Service, Main Post Office, Spartanburg, SC
V.M. (ECAB 09-0423): Seventeen-percent shoulder award and late hearing denial affirmed
V.M., a Postal Service rural carrier, injured her left shoulder in a fall and later received a schedule award for 17 percent impairment of her left upper extremity. Her treating surgeon proposed 18 percent but did not explain how that figure followed the applicable impairment guide. An OWCP medical…
Secretary of Labor v. National Cement Company of California, Inc. and Tejon Ranchcorp
Jurisdiction dispute returned for a merits decision
The case concerned whether a road fell within the Mine Act definition of private ways and roads appurtenant to mineral extraction areas. The Commission had rejected the Secretary of Labor's interpretation, but the D.C. Circuit upheld that interpretation as reasonable. After the court vacated the…
Secretary of Labor on behalf of Lige Williamson v. CAM Mining, LLC
Miner temporarily reinstated after Commission remand
The Secretary sought temporary reinstatement of miner Lige Williamson while his discrimination complaint against CAM Mining was investigated. Judge Jerold Feldman had initially denied the request, but the Commission reversed and ordered reinstatement retroactive to September 30, 2009. On remand…
D.E. and U.S. Postal Service, Main Post Office, Baltimore, MD
D.E. (ECAB 09-1013): Shoulder claim returned for development of medical evidence
D.E., a Postal Service clerk, attributed a right shoulder condition to repetitive computer and mail-handling work. OWCP denied her claim because her neurologist's explanation did not fully establish a causal link. The Board agreed that the opinion did not yet prove the claim, but found it…
J.C. and Department of the Army, Red River Army Depot, Texarkana, TX
J.C. (ECAB 09-0929): Arm impairment ratings required fuller medical review
J.C., an Army depot equipment inspector, had accepted carpal tunnel syndrome in both arms and an accepted ulnar nerve condition. OWCP denied an additional right-arm schedule award based partly on an earlier award in another claim file, but it did not decide his left-arm entitlement. The Board found…
L.D. and U.S. Postal Service, Post Office, Cleveland, OH
L.D. (ECAB 09-0918): Fall was accepted, but back-injury causation was unproven
L.D., a Postal Service letter carrier, fell against a vehicle bumper while trying to catch his breath during an asthma attack at work. OWCP accepted that the incident happened but denied his claim for a resulting back injury. One physician diagnosed a lumbar contusion without addressing causation…
L.M. and U.S. Postal Service, Post Office, Detroit, MI
L.M. (ECAB 09-0885): Reconsideration request supplied no new causal evidence
L.M., a Postal Service distribution clerk, sought reconsideration of OWCP's denial of a claim that lifting mail caused a right rotator cuff tear. OWCP had accepted the reported lifting incident but found that the medical evidence did not establish the claimed causal link. L.M. said she would supply…
B.M. and U.S. Postal Service, Post Office, Jacksonville, FL
B.M. (ECAB 09-0877): Valet supervisor wages supported ending wage-loss pay
B.M., a Postal Service rural mail carrier, sustained accepted left arm and shoulder injuries and received wage-loss benefits. After treatment and vocational rehabilitation, he began full-time work as a valet parking supervisor earning $400 a week. OWCP found that these wages equaled or exceeded the…
C.L. and U.S. Postal Service, Post Office, Grand Rapids, MI
C.L. (ECAB 09-0870): Knee impairment rating could not combine incompatible methods
C.L., a Postal Service worker, received an award for permanent left leg impairment after an accepted knee condition and surgery. Her physician rated the impairment at 23 percent by adding thigh and calf atrophy to knee ligament and patellar instability. An OWCP medical adviser found that the…
V.W. and U.S. Postal Service, Main Office, Newark, NJ
V.W. (ECAB 09-0704): Incomplete impartial report required new arm evaluation
V.W., a Postal Service worker with accepted carpal tunnel syndrome, sought more than the 10 percent left-arm impairment award she had already received. After an earlier remand, OWCP relied on an impartial orthopedist who reported no ratable left-arm impairment. The Board found his report…
B.M. and U.S. Postal Service, Post Office, Albuquerque, NM
B.M. (ECAB 09-0673): Emotional-condition claim lacked a proven covered work factor
B.M., a Postal Service rural carrier, attributed an emotional condition to supervisory conduct, work assignments, and alleged harassment. The Board reviewed her statements and supporting witness accounts, including a coworker's account of critical remarks by a supervisor. It found the evidence too…
T.W. and Department of Veterans Affairs, East Orange Medical Center, East Orange, NJ
T.W. (ECAB 09-0649): Impartial neurologist supported ending injury benefits
T.W., a Veterans Affairs support clerk, received benefits for accepted lumbar radiculopathy after a workplace fall. Her treating physician said she remained unable to work, while an OWCP examiner found she could return, creating a medical conflict. An impartial neurologist examined her, reviewed…
U.K. and Department of Defense, Fort Belvoir, VA
U.K. (ECAB 09-0182): Back claim returned for medical review and occupational-disease decision
U.K., a Department of Defense contract specialist working from home, attributed worsened back symptoms to bending to reconnect her work computer and to prolonged sitting for a work project. OWCP accepted that the bending incident happened but denied the claim for lack of proof that it caused an…
Town of Wayland Wastewater Management
Permit appeals dismissed after withdrawals
Thomas Arnold and the Department of the Interior each appealed a permit for the Town of Wayland Wastewater Management facility. After the parties signed a settlement agreement, both petitioners withdrew their petitions for review. EPA Region 1 asked the Environmental Appeals Board to dismiss the…
L.Q. and Department of the Army, Corpus Christi Army Depot, Corpus Christi, TX
L.Q. (ECAB 09-0985): Carpal tunnel diagnosis did not establish permanent impairment
L.Q., an Army depot employee, had accepted carpal tunnel syndrome in both arms and sought a schedule award for permanent impairment. A later physician's letter noted the diagnosis, prior surgery, and a nerve conduction study, but provided no examination findings or reasoned impairment assessment…
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.