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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J.A. and Department of Homeland Security, Immigration & Customs Enforcement, Office of Enforcement & Removal Operations, Las Cruces, NM
Board declines to add back condition to accepted leg injury (ECAB 23-0419)
An ICE officer injured his leg and ankle when the ground collapsed during a work assignment. He asked OWCP to add a lumbar condition to the accepted claim. The Board found that his medical reports did not adequately explain how the incident caused or aggravated the back condition. It affirmed the…
S.W. and U.S. Postal Service, Tampa Processing & Distribution Center, Tampa, FL
Board orders merit review of recurrence claim (ECAB 23-0368)
A postal distribution clerk sought reconsideration of a denial of disability recurrence related to an accepted shoulder and neck injury. She submitted physician reports linking cervical disc conditions to that injury. The Board found that the new medical evidence was relevant to the recurrence…
S.O. and U.S. Postal Service, Post Office, Roxbury, MA
Board orders related left knee claims combined (ECAB 23-0276)
A retired postal employee sought benefits for left knee osteoarthritis attributed to years of repetitive work. He had also filed an earlier traumatic injury claim concerning the same knee. OWCP denied the newer claim without combining the files. The Board ordered OWCP to combine both claim records…
C.C. and U.S. Postal Service, Tampa Carrier Annex, Tampa, FL
Board reverses late filing ruling on thumb claim (ECAB 23-0783)
A postal rural carrier sought reconsideration of a denied left thumb injury claim. OWCP treated his request as late and applied the stricter clear error test. The Board found the request was received exactly one year after the merit decision and was therefore timely. It ordered OWCP to review the…
J.C. and U.S. Postal Service, U.S. Postal Inspection Service, Cleveland, OH
Board orders merit review of postal officer’s back claim (ECAB 23-0755)
A postal police officer attributed lower back and leg conditions to his work gear and vehicle vibration. When he asked for reconsideration, he resubmitted a physician’s report that had been in the file but had not been addressed in the earlier decision. The Board held that the report counted as…
F.S. and U.S. Postal Service, Medford Post Office, Medford, NY
Board reverses benefits termination for refusal of suitable work (ECAB 23-0576)
A postal letter carrier with an accepted knee injury was offered a modified carrier position. OWCP terminated his wage loss and schedule award entitlement after he declined it. The Board found a conflict in the medical evidence about whether he could perform the offered duties. Because OWCP had not…
V.D. and U.S. Postal Service, Baker Post Office, Baker, LA
Board orders four related back claim files combined (ECAB 23-0554)
A postal rural carrier reported knee and back injuries after falling while unloading a mail truck. She had three earlier claims involving her lower back. OWCP denied the new claim without combining those records. The Board ordered OWCP to combine all four files, consider the relevant evidence, and…
J.S. and Department of Veterans Affairs, Edward P. Boland VA Medical Center, Leeds, MA
Board denies lung impairment schedule award (ECAB 23-0456)
A VA social worker sought a schedule award for pulmonary impairment after an accepted work related illness. A medical adviser found normal pulmonary function testing and a zero percent ratable impairment under the required guide. The Board found that medication use did not create a compensable…
R.B. and Department of Homeland Security, U.S. Immigration and Customs Enforcement, Lords Valley, PA
Board denies recurrence claim and late hearing request (ECAB 23-0395)
An ICE employee claimed a recurrence of disability from an accepted 2005 injury. The Board found his medical reports did not establish that the claimed July 2022 disability was caused by that injury. He also requested an oral hearing more than 30 days after OWCP’s decision. The Board held that OWCP…
C.W. and U.S. Postal Service, Algiers Station, Post Office, New Orleans, LA
Board upholds overpayment but remands waiver review (ECAB 23-0096)
A postal employee received FECA compensation and Social Security retirement benefits without the required offset. The Board upheld OWCP’s $19,705.43 overpayment calculation. OWCP had denied waiver saying no response was received, but the worker had submitted a waiver request and financial…
Bryan K. Clark
In re Bryan K. Clark (EAB CERCLA Appeal No. 23-01): filing dismissed for lack of jurisdiction
Bryan K. Clark submitted a filing concerning a dispute with a contractor and seeking relief that included references to wages, fiduciary duties, pension statements, and CERCLA response costs. The filing did not identify an EPA permitting decision or other decision within the Board's jurisdiction…
Herbert Kazibwe v. Reed International, Incorporated
Kazibwe v. Reed International (BRB 22-0338): attorney fee rate and reply issues remanded
Herbert Kazibwe settled a Defense Base Act claim arising from injuries he alleged while working as a security guard for Reed International in Afghanistan. His lawyer requested more than $332,000 in fees, costs, and a fee enhancement; the administrative law judge awarded $43,774.50 in fees plus $345…
Douglas A. Hartsock v. Apache Coal Company, Incorporated
Hartsock v. Apache Coal (BRB 22-0307 BLA): disease findings vacated and claim remanded
Douglas Hartsock appealed without a lawyer after an administrative law judge denied his black lung benefits claim on remand. A prior Board ruling had already upheld findings that he had about three years of coal mine work and a totally disabling respiratory impairment. On the latest remand, the…
Sina E. Huff (o/b/o and Widow of Claude Huff, Jr.) v. Shamrock Coal Company
Huff v. Shamrock Coal Company (BRB 22-0214 and 22-0213): miner and survivor benefits affirmed
Sina E. Huff pursued black lung benefits on behalf of her late husband, Claude Huff, Jr., and sought survivor's benefits. On remand, the administrative law judge found that Claude had legal pneumoconiosis that substantially contributed to his respiratory disability and awarded benefits in both…
Sina E. Huff, on behalf of and widow of Claude Huff, Jr., v. Shamrock Coal Company
Huff v. Shamrock Coal (BRB 22-0213 and 22-0214 BLA): miner and survivor awards affirmed
Sina Huff pursued her late husband's miner claim and her own survivor claim. After an earlier remand, the administrative law judge found that the miner lacked fifteen years of qualifying work needed for the statutory presumption but proved legal pneumoconiosis and disability causation directly…
Rendell N. Bartlebaugh v. Eighty-Four Mining Company
Bartlebaugh v. Eighty-Four Mining (BRB 22-0158 BLA): benefits award vacated for rebuttal review
Rendell Bartlebaugh sought black lung benefits after more than thirty years of underground coal mine work. On an earlier remand, the administrative law judge again found total respiratory disability and applied the statutory presumption that pneumoconiosis caused it. A Board majority upheld the…
United States Department of the Army, U.S. Army Garrison, Picatinny Arsenal, New Jersey and International Association of Firefighters, Local F-169
Picatinny Arsenal and IAFF Local F-169 (FLRA 0-AR-5864): Authority remands fire-staffing remedy for clarification
Picatinny Arsenal indefinitely closed one of two fire stations for budget reasons and reduced staffed positions per shift from twelve to nine. An arbitrator treated the union's grievance as alleging continuing staffing violations, found it timely, and ordered the agency to restore staffing as it…
Secretary of Labor v. Kingston Mining, Inc.
Snake-bite reporting citation affirmed, penalty reduced
Kingston Mining operated the Kingston No. 2 mine. MSHA cited it under 30 C.F.R. § 50.20(a) for not reporting within ten working days that a miner was bitten by a copperhead snake on the mine access road and missed nine days of work. The judge found that the access road was mine property and that…
Tidewater Region Market, Defense Health Agency, United States Department of Defense; American Federation of Government Employees; and National Association of Independent Labor
Defense Health Agency Tidewater Market successorship proceeding (FLRA WA-RP-22-0035): Authority leaves professional-unit election pending
The Defense Health Agency reorganized employees from several military treatment facilities into its Tidewater Market. A regional director found the market was the successor employer, rejected facility-specific units sought by the National Association of Independent Labor, and found market-level…
Gary D. Adkins v. Pen Coal Corporation
Adkins v. Pen Coal (BRB 22-0387): Black Lung award affirmed
Gary Adkins filed a subsequent Black Lung benefits claim against Pen Coal Corporation after his earlier claims were denied. The judge credited 29 years of underground coal mine work and found a totally disabling respiratory impairment, invoking the statutory presumption of disability due to…
Sharon R. O'Quinn (o/b/o and Widow of Carlos W. O'Quinn) v. Triple B Coal Company
O'Quinn v. Triple B Coal Company (BRB 22-0371 and 22-0370): benefit denials remanded for medical review
Sharon R. O'Quinn pursued a black lung claim on behalf of her late husband, Carlos W. O'Quinn, and sought survivor's benefits. The administrative law judge found that Carlos had a totally disabling respiratory impairment but had not proved pneumoconiosis, and she denied both claims. The Board…
Sharon R. O'Quinn, on behalf of and widow of Carlos W. O'Quinn v. Triple B Coal Company
O'Quinn v. Triple B Coal (BRB 22-0370, 22-0371): benefit denials remanded
Sharon O'Quinn pursued her late husband Carlos O'Quinn's Black Lung claim and her own survivor's claim against Triple B Coal Company. The judge denied both claims after finding no clinical or legal pneumoconiosis. The Board upheld several findings, including that the miner's 11.92 years of…
Alvin E. Miller v. Greenwich Collieries Company
Miller v. Greenwich Collieries (BRB 22-0326): Black Lung award affirmed
Alvin Miller filed a subsequent Black Lung claim against Greenwich Collieries Company. The judge credited 30 years of underground mine work and found a disabling respiratory impairment, invoking the statutory presumption of disability due to pneumoconiosis. The employer challenged the disability…
Diane Tiller (o/b/o and Widow of Lawrence Tiller) v. Island Creek Coal Company
Tiller v. Island Creek Coal Company (BRB 22-0303 and 22-0302): miner and survivor benefits affirmed
Diane Tiller pursued a black lung claim on behalf of her late husband, Lawrence Tiller, and sought survivor's benefits. The administrative law judge found 17.5 years of qualifying coal mine work and accepted the employer's concession that Lawrence had a totally disabling respiratory impairment…
Diane Tiller, on behalf of and widow of Lawrence Tiller v. Island Creek Coal Company
Tiller v. Island Creek Coal (BRB 22-0302, 22-0303): miner and survivor awards affirmed
Diane Tiller pursued her late husband Lawrence Tiller's Black Lung claim and her own survivor's claim against Island Creek Coal Company. The judge credited 17.5 years of qualifying coal mine employment and accepted that he had a disabling respiratory impairment, triggering the statutory presumption…
Elizabeth W. Miracle (o/b/o and Widow of Cordell Miracle, Jr.) v. Burnside Excavating Company
Miracle v. Burnside Excavating Company (BRB 22-0178 and 22-0177): benefit awards remanded for work and medical findings
Elizabeth W. Miracle pursued black lung benefits on behalf of her late husband, Cordell Miracle, Jr., and sought survivor's benefits. The administrative law judge found more than 15 years of underground coal mine work and total respiratory disability, applied the statutory presumption, and awarded…
Elizabeth W. Miracle, on behalf of and widow of Cordell Miracle, Jr. v. Burnside Excavating Company
Miracle v. Burnside Excavating (BRB 22-0177, 22-0178): benefit awards remanded
Elizabeth Miracle pursued her late husband Cordell Miracle's Black Lung claim and her own survivor's claim against Burnside Excavating. The judge credited 15.78 years of coal mine work and found total disability, invoking the presumption that his disability was due to pneumoconiosis. The Board held…
Dean v. South Carolina Department of Transportation
Late Clean Water Act hearing request remanded
Robert Dean requested a hearing one day after the 30-day deadline following OSHA's dismissal of his Clean Water Act retaliation complaint. He said that he miscalculated the deadline and waited for records from a Freedom of Information Act request that he thought might affect the case. The…
Xanthopoulos v. Mercer Investment Consulting
SOX blacklisting claim rejected
Apostolos Xanthopoulos alleged that Mercer Investment Consulting blacklisted him by passing negative information through former colleagues and preventing Charles Schwab from hiring him. The Board upheld summary decision because the proposed chain of communications was speculation and the record…
J.W. and U.S. Postal Service, Post Office, Detroit, MI
Board dismisses late appeal (ECAB 23-1189)
J.W. appealed an OWCP decision dated January 24, 2023. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.
T.P. and Department of Veterans Affairs, Fayetteville VA Medical Center, Fayetteville, NC
Board dismisses late appeal (ECAB 23-1180)
T.P. appealed an OWCP decision dated January 22, 2019. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.
M.I. and Department of the Navy, Naval Air Warfare Center Weapons Division, China Lake, CA
Board dismisses late appeal (ECAB 23-1178)
M.I. appealed an OWCP decision dated February 28, 2023. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.
R.E. and Department of the Army, Schofield Barracks Commissary, Wahiawa, HI
Board dismisses late appeal (ECAB 23-1160)
R.E. appealed an OWCP decision dated July 18, 2018. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.
S.H. and U.S. Postal Service, Arcata Post Office, Arcata, CA
Board dismisses late appeal (ECAB 23-1121)
S.H. appealed an OWCP decision dated January 3, 2023. The Board found that the appeal reached it more than 180 days after that decision. It found no supported compelling circumstances excusing the delay and dismissed for lack of jurisdiction. The underlying compensation issue was not decided.
F.T. and Department of Veterans Affairs, Newington VA Clinic, Newington, CT
Board denies continuation of pay for late COVID injury notice (ECAB 23-0752)
A VA police officer sought continuation of pay after a January 2023 workplace COVID exposure. He filed his traumatic injury notice in March, more than 30 days after the last exposure. The Board held that this timing did not meet the filing condition for continuation of pay. It affirmed OWCP’s…
L.W. and U.S. Postal Service, Post Office, Grand Rapids, MI
Board affirms denial of forearm injury claim (ECAB 23-0682)
A postal worker reported forearm and finger symptoms after lifting a heavy tray of mail. OWCP accepted the work incident but denied the injury claim. The Board found that the submitted medical records listed diagnoses and treatment without a reasoned opinion tying a condition to that incident. It…
C.O. and U.S. Postal Service, Post Office, Pittsburgh, PA
Board recognizes wrist diagnoses and remands causation (ECAB 23-0678)
A postal letter carrier claimed wrist conditions from repetitive sorting and handling of mail. OWCP denied the claim on the ground that no medical diagnosis had been established. The Board found that a physician’s report documented wrist and thumb diagnoses. It reversed that finding and remanded…
S.W. and U.S. Postal Service, Fort Dix Post Office, Fort Dix, NJ
Board requests clearer impartial opinion on arm conditions (ECAB 23-0513)
A postal custodian sought to add right upper extremity conditions after a work related fall. Treating and referral physicians disagreed, and OWCP obtained an impartial examination. The Board found that examiner’s opinion equivocal about whether the fall caused additional conditions. It ordered a…
N.K. and U.S. Postal Service, Newark Distribution Center, Jersey City, NJ
Board upholds refusal to reopen injury claim (ECAB 23-0435)
A postal mail handler sought reconsideration of an injury claim involving accepted neck and back sprains. The Board found that her request did not identify a new relevant legal argument or supply new pertinent evidence. OWCP therefore was not required to reopen the claim for another merit review…
Americold Logistics, LLC
Powered-vehicle aisle and training citations vacated
Americold operated powered industrial vehicles in a large Georgia cold-storage facility where pedestrians and vehicles shared the loading-dock floor. An untrained and unauthorized employee drove a vehicle and severely injured his ankle while trying to avoid a bollard. The judge vacated the aisle…
E.G. and Department of Homeland Security, U.S. Customs & Border Protection, San Ysidro, CA
Board upholds overpayment but reverses fault finding (ECAB 22-0574)
A CBP employee received FECA compensation and Social Security retirement benefits without the required offset. The Board agreed that the overlap created a $31,650.61 overpayment. It found that OWCP had not shown he knew the concurrent payments were prohibited, so its fault finding was wrong. It…
L.M. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Williamsburg, Salters, SC
Board reverses termination of medical benefits (ECAB 21-0636)
A federal prison employee had accepted finger and foot injuries. OWCP ended medical benefits after concluding she no longer had work related residuals. The Board found OWCP had not resolved a pending question about additional accepted conditions before ending care. It held that OWCP failed to carry…
Arrow Plumbing, LLC
Three excavation violations affirmed, spoil-pile item vacated
Arrow Plumbing replaced a residential sewer line in Grain Valley, Missouri, using an excavation more than nine feet deep. Its owner and project supervisor worked inside without hard hats, with exposed utilities and a near-vertical wall but no trench box or other cave-in protection. The judge…
Horace K. Meredith, Jr. v. Hobet Mining, Incorporated
Meredith v. Hobet Mining (BRB 23-0093): Arch Resources remains liable for benefits
Horace Meredith's entitlement to Black Lung benefits was conceded, leaving the identity of the liable carrier in dispute. Hobet Mining and Arch Resources argued that liability had shifted to Patriot Coal after Hobet was sold, and that Patriot's bankruptcy should put the cost on the Black Lung…
Patrick C. Tajc v. Consol Mining Company, LLC
Tajc v. Consol Mining (BRB 23-0010): Black Lung award affirmed
Patrick Tajc worked underground for 34 years and had a disabling respiratory impairment, so the judge applied the statutory presumption that his disability was due to pneumoconiosis. Consol Mining argued that his asthma was unrelated to coal dust. The Board upheld the judge's rejection of an…
Ronnie L. Wolford v. Pocahontas Coal Company, LLC
Wolford v. Pocahontas Coal (BRB 22-0349): benefit award remanded
Ronnie Wolford sought Black Lung benefits from Pocahontas Coal Company after 33 years of underground mine work. The judge found a disabling respiratory impairment based on blood gas studies and medical opinions, then awarded benefits under the 15-year presumption. The Board held that the judge had…
Nexhat Elezi v. Fluor ConOps, Limited
Elezi v. Fluor ConOps (BRB 22-0267): Defense Base Act benefit denial affirmed
Nexhat Elezi sought benefits for psychological symptoms that he said arose while he worked as a warehouseman for Fluor ConOps in Afghanistan. The judge had dismissed his disability compensation claim as untimely and later denied medical benefits after finding that he had not proved a work-related…
John S. George v. Commercial Testing & Engineering Company
George v. Commercial Testing (BRB 22-0162): Black Lung award on remand affirmed
John George sought Black Lung benefits from Commercial Testing & Engineering after a prior Board remand. Because his 11.14 years of coal mine employment did not meet the 15-year threshold, he had to prove disability and its connection to pneumoconiosis without that presumption. The judge found that…
George D. Laws v. Heritage Coal Company, LLC
Laws v. Heritage Coal (BRB 22-0146): Black Lung denial remanded
George Laws sought Black Lung benefits from Heritage Coal Company. The judge denied the claim after finding that Laws was not totally disabled. The Board upheld the finding that the pulmonary function studies did not qualify under the regulatory tables, but found gaps in the judge's assessment of…
H.K. and U.S. Postal Service, Post Office, Manorville, NY
Board affirms denial of shoulder injury claim (ECAB 23-0739)
A postal rural carrier associate reported shoulder and upper arm symptoms after delivering mail. Physicians diagnosed right shoulder bursitis and checked boxes indicating a work connection. The Board found that they did not explain how the accepted incident caused or aggravated the condition. It…
Z.M. and U.S. Postal Service, Millbrae Post Office, Millbrae, CA
Board upholds refusal to reopen emotional condition claim (ECAB 23-0720)
A postal employee sought reconsideration of a denied claim for anxiety and depression attributed to workplace events. Her request did not present a new relevant legal argument. The Board found the incident report duplicative and the new medical note irrelevant to the disputed factual issue. It…
S.Y. and U.S. Postal Service, Northern New Jersey Metro Processing & Distribution Center, Teterboro, NJ
Board orders review of unexplained workplace fall (ECAB 23-0641)
A postal distribution clerk collapsed during a work shift and claimed an injury. OWCP denied the claim without applying the distinction between an unexplained fall and one caused by a personal medical condition. The Board noted that no physician had attributed her fall to a personal condition…
A.W. and Department of Veterans Affairs, Wm. Jennings Bryan Dorn VA Medical Center, Columbia, SC
Board orders impartial review of leg impairment rating (ECAB 23-0618)
A VA pharmacy technician sought a schedule award greater than 27 percent impairment of her left leg. Her treating physician and OWCP’s medical examiner gave conflicting ratings. The Board found that the unresolved medical conflict required an impartial examination. It set aside both OWCP decisions…
J.M. and U.S. Postal Service, Post Office, Jacksonville, FL
Board upholds denial of late reconsideration request (ECAB 23-0603)
A postal rural carrier sought to reopen a denied claim for wrist and knee injuries after a fall at work. OWCP received his reconsideration request more than one year after its latest merit decision. The Board found that the submitted material did not show clear evidence of error in that earlier…
K.G. and U.S. Postal Service, South Suburban Processing & Distribution Center, Bedford Park, IL
Board dismisses appeal for missing signed representation form (ECAB 23-0575)
A postal worker appealed OWCP’s denial of her occupational disease claim and named an attorney on the appeal form. The attorney had not signed the form consenting to representation. The Board’s clerk requested signed authorization and warned that the appeal would be dismissed if none arrived. No…
J.D. and U.S. Postal Service, Norris City Post Office, Norris City, IL
Board upholds refusal to reopen emotional condition claim (ECAB 23-0571)
A postal postmaster sought reconsideration of a denied work related emotional condition claim. OWCP received her request one day after the one year deadline measured from the last merit decision. The Board found that the material she submitted did not demonstrate clear error in that decision. It…
R.G. and U.S. Postal Service, East Bakersfield Station, Bakersfield, CA
Board upholds augmented pay overpayment and waiver denial (ECAB 23-0542)
A postal worker continued receiving wage loss compensation at the higher rate for a worker with a dependent after his dependency status changed. OWCP found a $5,665.00 overpayment and determined he was without fault. The Board agreed with the overpayment finding. It upheld denial of waiver because…
J.C. and U.S. Postal Service, Processing & Distribution Center, San Francisco, CA
Board affirms denial of bilateral carpal tunnel claim (ECAB 21-1003)
A postal maintenance mechanic attributed bilateral carpal tunnel syndrome to repetitive power tool work. OWCP accepted his described work factors but denied the occupational disease claim. The Board found that the medical reports did not adequately explain how those duties caused or aggravated the…
United States Department of Agriculture, Food Safety and Inspection Service and American Federation of Government Employees, Local 0519, National Joint Council of Food Inspection Locals
USDA Food Safety and Inspection Service and AFGE Local 0519 (FLRA 0-AR-5849): Authority upholds bargaining remedies for inspector details
USDA changed its poultry-inspector positions and eliminated dedicated relief inspectors, leading to more frequent involuntary details and travel. An arbitrator found that those detailing changes had more than a minimal effect on working conditions and that the agency failed to bargain over their…
Jackie Ray Wise v. ICG Knott County, LLC
Wise v. ICG Knott County (BRB 23-0047): Black Lung award and start date affirmed
Jackie Ray Wise sought Black Lung benefits from ICG Knott County after 41 years of coal mine employment. The judge found him totally disabled based on medical opinions, applied the 15-year presumption, and awarded benefits starting in the month he filed his claim. The Board upheld the judge's…
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.