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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American Federation of Government Employees, Local 547 and United States Department of Veterans Affairs, James A. Haley Veterans Hospital and Clinics
AFGE Local 547 and James A. Haley Veterans Hospital (FLRA 0-AR-5802): Authority revives promotion-interview grievance
The union first filed an unfair-labor-practice charge claiming the hospital changed its interview method without notice or bargaining. It later grieved on behalf of named employees who were interviewed but not selected, seeking individual compensation and other relief. An arbitrator dismissed the…
N.A. and Department of Veterans Affairs, Puget Sound Healthcare System, Seattle VA Medical Center, Seattle, WA
Board upholds late injury notice and abandoned hearing findings (ECAB 23-0220)
A VA nursing assistant reported contracting COVID-19 at work and sought continuation of pay. She filed her injury form on June 21, 2022, more than 30 days after the April 24 injury date used by the Board. The Board upheld OWCP's denial of continuation of pay because the form was late. It also…
P.A. and Department of Veterans Affairs, Martinez VA Medical Center, Martinez, CA
Board orders new continuation of pay decision using COVID-19 guidance (ECAB 23-0165)
A VA nurse reported contracting COVID-19 after exposure to a patient at work. OWCP denied continuation of pay because she filed her injury form more than 30 days after the reported exposure date. The Board found that OWCP had failed to apply guidance treating the last exposure before a COVID-19…
R.G. and Department of the Treasury, Internal Revenue Service, Fresno, CA
Board orders OWCP to address evidence in reconsideration request (ECAB 23-0011)
A former IRS clerk sought compensation for a back condition and right leg symptoms she attributed to work. OWCP denied her later reconsideration request as untimely and lacking clear evidence of error. The Board found that OWCP had not addressed medical evidence submitted after an earlier…
J.J. and Department of Veterans Affairs, G.V. (Sonny) Montgomery VA Medical Center, Jackson, MS
Board finds workplace knee incident occurred and orders medical review (ECAB 23-0006)
A VA computer specialist reported that his right knee gave out when he stood and turned at his desk. OWCP denied his injury claim because it found that he had not sufficiently established the incident. The Board found his account consistent with contemporaneous medical notes and held that the…
W.D. and U.S. Postal Service, Post Office, Houston, TX
Board upholds denial of postal driver's injury claim (ECAB 22-1390)
A postal tractor trailer operator reported physical and psychological symptoms after a work vehicle collision involving a fatality. OWCP accepted that the incident occurred but denied compensation because the medical evidence did not establish that it caused a diagnosed condition. The Board agreed…
L.A. and U.S. Postal Service, Processing & Distribution Center, Louisville, KY
Board upholds $33,813.89 dual benefits overpayment (ECAB 22-1383)
A postal employee received both federal retirement benefits and FECA wage loss compensation from July 2021 through March 2022. The Board upheld OWCP's calculation of a $33,813.89 overpayment because those benefits cannot be paid together. OWCP found the employee was without fault, but the Board…
J.D. and U.S. Postal Service, Post Office, Cumberland, RI
Board upholds denial of wage loss for accepted toe injury (ECAB 22-1374)
A postal employee injured his right second toe when a heavy box fell on his foot. OWCP accepted the crushing injury, but denied his claim for total disability from work between January 18 and July 8, 2022. The Board found that his physician's work excuse notes and forms did not explain why the…
K.B. and U.S. Postal Service, Hammond Post Office, Hammond, IN
Board upholds $28,710.22 overpayment after unreported business activity (ECAB 22-1330)
A postal employee received wage loss compensation after an accepted back injury. The Board had previously found that she forfeited compensation for specified periods because she failed to report self-employment activity and earnings on claim forms. On remand, OWCP recalculated the overpayment for…
F.S. and Social Security Administration, Lumberton, NC
Board upholds denial of respiratory condition claim after office renovations (ECAB 22-0070)
A Social Security Administration employee reported breathing symptoms after exposure to paint fumes and dust during office renovations. OWCP accepted that the exposures occurred but denied her claim for lack of medical causation evidence. The Board found one physician's opinion that workplace fumes…
United States Department of Labor, Office of Labor-Management Standards, Division of Enforcement, Tracy Shanker, Chief and Patent Office Professional Association
Labor Department and Patent Office Professional Association (FLRA 0-MC-0035): Authority enforces election violation and remands remedy
A candidate for president of the Patent Office Professional Association asked the union's designated printer about mailing campaign postcards, but the printer never responded. The Labor Department's Administrative Review Board found that the union failed to honor a reasonable campaign-literature…
Secretary of Labor v. Carmeuse Lime
Person-in-charge citation affirmed; escapeway citation vacated
Three miners were working underground at Carmeuse Lime's Talona Mountain Mine while the designated person in charge was at a separately identified mine a few miles away and could not be reached by underground radio. The Judge affirmed the resulting citation under 30 C.F.R. § 57.18009 as significant…
Larry W. Lawson v. Paramont Coal Company Virginia, LLC
Lawson v. Paramont Coal Company Virginia (BRB 22-0088): Black Lung benefits award affirmed
Larry Lawson sought Black Lung benefits after 37 years of underground coal mine work. The judge found a totally disabling respiratory impairment and applied the statutory presumption that his disability was due to pneumoconiosis. Paramont Coal challenged the disability finding and argued that x-ray…
Kossen v. Empire Airlines
AIR21 retaliation denial affirmed
Darren Kossen, an Empire Airlines pilot, made protected safety reports after a flight experienced stall-warning indications. The Board upheld findings that those reports did not contribute to his discharge. Substantial evidence showed that Empire had raised safety concerns about his piloting before…
J.B. and Department of Veterans Affairs, Northport VA Medical Center, Northport, NY
Board orders new continuation of pay decision under COVID-19 guidance (ECAB 23-0568)
A VA dental officer reported contracting COVID-19 after workplace exposure and sought continuation of pay. OWCP denied that benefit because he filed his injury form more than 30 days after the reported injury date. The Board found that OWCP had not applied guidance using the last exposure before a…
M.G. and Department of Veterans Affairs, Oakland Regional Office, Oakland, CA
Board upholds denial of brain MRI authorization (ECAB 23-0136)
A VA employee with an accepted claim for an adverse reaction to a COVID-19 vaccination sought authorization for a brain MRI. His neurologist recommended the scan in connection with headaches and other reported symptoms. The Board found that the neurologist had not explained why the scan was…
E.C. and Department of Homeland Security, U.S. Customs & Border Protection, U.S. Border Patrol, Del Rio, TX
Board upholds recovery of duplicate hearing loss award payment (ECAB 23-0089)
A retired Border Patrol agent received a schedule award for hearing loss. OWCP paid an extra $3,051.29 after the award's 36-week period ended. The Board upheld the overpayment finding because that payment duplicated compensation already paid. OWCP found the agent was without fault, but his reported…
B.B. and U.S. Postal Service, Post Office, Hinsdale, IL
Board orders new review of postal worker's leg impairment award (ECAB 22-1068)
A retired postal employee sought schedule awards for leg impairment associated with accepted lumbar conditions. OWCP rated nine percent permanent impairment of her left leg and none of her right leg, relying on a medical adviser who reviewed an older examination. The Board found that newer reports…
S.S. and U.S. Postal Service, Post Office, Portland, OR
Board upholds denial of shoulder injury claim after parcel incident (ECAB 21-1384)
A postal rural carrier reported that a parcel fell on her and pulled her left shoulder. OWCP accepted the incident but denied her injury claim. The Board found that an orthopedic surgeon diagnosed rotator cuff tears without adequately explaining how this incident caused or contributed to them…
Secretary of Labor v. Vulcan Construction Materials, LLC
Eyewash and backup-alarm settlement approved
The settlement resolved two citations at Vulcan's 115 Quarry. For an expired four-ounce bottle of eyewash in a first-aid kit, negligence was reduced from moderate to low and the penalty from $133 to $50. For a nonfunctioning truck backup alarm, the expected injury was changed from reasonably likely…
Lori Vendetti v. Shoshone Coal Corporation
Vendetti v. Shoshone Coal (BRB 22-0356): benefits and attorney fee affirmed
Lori Vendetti pursued her late father's miner claim on behalf of his estate. The Board upheld the finding that his underground coal mine work and total respiratory disability triggered a presumption of disability due to pneumoconiosis. It found that the employer's doctors had not adequately…
Steven Gannon v. Preparation Maintenance, Incorporated
Gannon v. Preparation Maintenance (BRB 22-0292): benefits denial returned for disability findings
Steven Gannon sought Black Lung benefits after 21.88 years of underground coal mine work. The judge denied the claim after finding that Gannon had not proved a totally disabling respiratory impairment. The Board upheld some findings on the blood gas evidence but found that the judge had overlooked…
Lori Vendetti on behalf of Dennie J. Brandon v. Shoshone Coal Corporation
Vendetti on behalf of Brandon v. Shoshone Coal (BRB 22-0195, 22-0356): benefits and fee awards affirmed
Lori Vendetti pursued her father Dennie Brandon's Black Lung claim after his death. The judge found 27 years of underground coal mine work and a disabling respiratory impairment, then awarded benefits under the statutory presumption. Shoshone Coal challenged that finding, the judge's appointment…
Dudley E. Bowling v. Ace Colliery, Incorporated
Bowling v. Ace Colliery (BRB 22-0164): Black Lung benefits award affirmed
Dudley Bowling sought Black Lung benefits after working in underground coal mines. The judge credited him with nineteen and three-quarter years of coal mine employment and found a totally disabling respiratory impairment. Ace Colliery challenged the work history calculation, including the judge's…
Brenda Phillips on behalf of Woodrow Crum v. Agipcoal USA, Incorporated
Phillips on behalf of Crum v. Agipcoal USA (BRB 22-0094): Black Lung benefits award affirmed
Brenda Phillips, the executrix of Woodrow Crum's estate, continued his claim for Black Lung benefits after his death. The judge credited Crum with 13.57 years of coal mine work, short of the 15 years needed for the statutory presumption, but found that his disabling lung disease was significantly…
J.T. and Department of State, Bureau of Consular Affairs, Portsmouth, NH
Board orders OWCP to identify last COVID-19 exposure before denying pay (ECAB 23-0372)
A State Department passport and visa examiner reported contracting COVID-19 at work. OWCP denied continuation of pay because she filed her injury form more than 30 days after the alleged injury date. The Board found that OWCP had not developed the record to determine her last workplace exposure…
H.T. and Department of Defense, Defense Logistics Agency, Red River Army Depot, TX
Board upholds one percent leg impairment award (ECAB 23-0296)
A Defense Logistics Agency forklift operator sought a larger schedule award after an accepted lumbar disc condition with radiculopathy. A second opinion examiner rated a mild sensory deficit in his left foot as one percent permanent impairment of the left leg. OWCP's medical adviser agreed with…
B.M. and U.S. Postal Service, Post Office, Detroit, MI
Board upholds denial of back claim without medical diagnosis (ECAB 23-0243)
A Detroit postal clerk reported worsening low back pain from lifting, pushing, pulling, and bending at work. OWCP accepted that the described work factors occurred but denied her occupational disease claim. The Board found that her physician diagnosed only low back pain, which it treated as a…
P.R. and Department of the Air Force, Holloman Air Force Base, NM
Board upholds denial of shoulder recurrence and late record review (ECAB 22-1392)
A former Air Force laborer sought renewed disability and medical treatment for a shoulder injury accepted in 1996. He reported new shoulder pain after lifting heavy pots at a later private job. The Board found that his medical report did not link the claimed 2021 disability or treatment need to the…
M.J. and U.S. Postal Service, City of Industry Post Office, City of Industry, CA
Board orders postal employee's related emotional condition files combined (ECAB 22-1357)
A postal clerk filed two emotional condition claims involving interactions with the same managers on different dates. OWCP denied the later claim, and the employee sought review. The Board found that the two claim files had not been combined even though deciding the later claim required considering…
R.P. and U.S. Postal Service, Tampa Post Office, Tampa, FL
Board upholds denial of wage loss after accepted back strains (ECAB 22-1349)
A postal employee sustained accepted lumbar and thoracic strains when a bulk mail container struck her. She sought wage loss compensation for several months after stopping work. The Board credited a second opinion surgeon's finding that the accepted strains had resolved and that she could resume…
B.B. and U.S. Postal Service, Naperville Post Office, Naperville, IL
Board orders clearer calculation of life insurance premium overpayment (ECAB 22-0914)
A postal employee kept optional life insurance while receiving FECA wage loss payments. OWCP failed to deduct premiums for several years and assessed a $17,120.71 overpayment. The Board agreed that missed deductions created a debt but found that OWCP had not shown the premium due for each period or…
R.H. and Department of Homeland Security, Federal Protective Service, New York, NY
Board upholds denial of renewed disability after accepted back sprain (ECAB 21-0717)
A federal security officer sustained accepted back and shoulder sprains during training in 2015, then returned to limited duty. He claimed renewed disability beginning in July 2019 because of worsening back symptoms. His physician described later spinal conditions and said he could not work, but…
Fama Construction, LLC
Roofing violations affirmed against controlling employer
Fama held the roofing contract for a residential townhome project and used subcontractors with a history of fall-protection violations. On remand, the judge found Fama liable as a controlling employer because it had stopped worksite safety inspections and did not take reasonable measures to prevent…
S.U. and Department of Veterans Affairs, Palo Alto VA Medical Center, Palo Alto, CA
Board grants OWCP's request to revisit COVID-19 pay claim (ECAB 23-0294)
A VA employee claimed continuation of pay after reporting COVID-19 contracted at work. OWCP asked the Board to set aside its decision because the record did not establish the correct injury date or clearly show when the employee stopped work. Those facts mattered to his eligibility for continuation…
L.C. and U.S. Postal Service, Wheaton Post Office, Silver Spring, MD
Board orders postal clerk's related injury files combined (ECAB 23-0257)
A postal window clerk sought compensation for fibromyalgia, fatigue, and pain she attributed to earlier injury and work duties. OWCP denied the claim after finding insufficient evidence that accepted work factors caused the diagnosed conditions. Its hearing representative said three earlier back…
A.M. and Defense Agencies, Tracy Defense Depot, Tracy, CA
Board reverses unproven retirement benefit overpayment (ECAB 23-0151)
A retired Defense Agencies employee elected federal retirement benefits in place of FECA wage loss compensation, effective July 1, 2021. OWCP assessed a $3,532.61 overpayment on the theory that he received both benefits through March 2022. The Board found proof that he received FECA payments but no…
P.T. and U.S. Postal Service, Canal Street Post Office, New York, NY
Board orders postal carrier's lumbar injury files combined (ECAB 23-0020)
A New York postal carrier filed a back condition claim after an earlier accepted lumbar disc injury. OWCP denied the later claim and rejected her reconsideration request. The Board found that the two lumbar injury files had not been combined although deciding the later claim required reviewing both…
L.L. and U.S. Postal Service, Gulfport Processing and Distribution Facility, Gulfport, MS
Board finds shoulder diagnosis established and orders causation review (ECAB 22-1224)
A postal clerk reported shoulder symptoms after moving a box at work. OWCP accepted that the incident occurred but denied the injury claim for lack of a diagnosis. The Board found that an emergency physician had diagnosed unspecified mononeuropathy of the left arm. It reversed the diagnosis finding…
V.H. and Department of the Navy, Naval Hospital, Camp LeJeune, NC
Board finds workplace errors and harassment supported, remands emotional claim (ECAB 22-0882)
A former naval hospital support assistant claimed that workplace treatment worsened her depression and anxiety. The Board found evidence of two administrative errors: a manager required her to come to work to verify a timecard while she was sick, and the employer made a pay error. It also found…
R.Z. and Department of Homeland Security, U.S. Customs & Border Patrol, New York Field Office, New York, NY
Board orders new review of officer's COVID-19 claim under updated rules (ECAB 21-1347)
A customs response team officer claimed that public and coworker contact at work exposed him to COVID-19. OWCP denied the claim because it found that a positive antibody test lacked accompanying physician evidence. The Board found that OWCP had not considered all of the applicable diagnosis…
Secretary of Labor v. Sterling Materials
Similar citation numbers caused clerical error
Sterling Materials intended to contest the penalty for Citation No. 9870856 but confused it with the similarly numbered Citation No. 9870855, which it had timely contested in another docket. The operator paid all six penalties in the assessment after receiving a delinquency notice. The Secretary…
Jeffrey A. McClure v. Catenary Coal Company
McClure v. Catenary Coal (BRB 22-0106): Black Lung benefits and carrier liability affirmed
Joshua McClure pursued his late father's Black Lung claim after Jeffrey McClure's death. The judge found 26.70 years of surface coal mine work with dust conditions substantially similar to underground work, plus a disabling respiratory impairment. Catenary Coal and its carrier Arch Resources…
Martin v. Paragon Foods
Environmental and food-safety claims dismissed as late
Brandon Martin, a warehouse custodian for a foodservice distributor, complained to several agencies about workplace, food-safety, and environmental issues before and after his employment ended. He did not file an OSHA whistleblower-retaliation complaint until 225 days after his termination, missing…
L.P. and Department of the Air Force, Sheppard Air Force Base, TX
Board dismisses repeat appeal and late reconsideration petition (ECAB 23-0394)
An Air Force employee again appealed a September 2020 OWCP decision about a left leg impairment award. The Board had already affirmed that decision in November 2022. It dismissed the new appeal because no OWCP decision within the prior 180 days gave it jurisdiction. Treating the filing as a…
F.M. and U.S. Postal Service, Processing & Distribution Center, Memphis, TN
Board upholds denial of shoulder claim after workplace fall (ECAB 23-0103)
A postal laborer reported falling in a trailer and catching himself with his right arm. OWCP accepted the incident, and he later underwent rotator cuff surgery. The Board found that his orthopedic specialist linked the shoulder condition to the fall but did not explain how the fall caused it. Other…
J.J. and Department of the Air Force, Robins Air Force Base, GA
Board upholds denial of claimed back aggravation during leak cleanup (ECAB 22-1371)
An Air Force engineering mechanic reported back and leg pain after mopping, vacuuming, and lifting water during a leak cleanup. OWCP accepted the incident but denied his claim that it aggravated a preexisting back condition. The Board found that the physicians did not explain how the work incident…
L.O. and U.S. Postal Service, North Houston Post Office, Houston, TX
Board orders employer response to postal supervisor's emotional condition claim (ECAB 22-1266)
A postal supervisor attributed anxiety and other symptoms to an alleged physical confrontation, threats, and later workplace treatment. OWCP denied her claim because it found the alleged events unproven. The Board found that OWCP had asked the employer for a response but received none, leaving the…
M.S. and Department of Homeland Security, U.S. Customs & Border Protection, Edinburg, TX
Board orders new review of Border Patrol agent's COVID-19 claim (ECAB 21-1108)
A Border Patrol agent reported contracting COVID-19 after workplace exposure and submitted home test photographs and an antibody result. OWCP denied the claim because it found no qualifying diagnosis under its then applied criteria. The Board found that OWCP had not considered later amendments…
B.S. and Department of Veterans Affairs, Corporal Michael J. Crescenz VA Medical Center, Philadelphia, PA
Board orders new review of VA technician's COVID-19 claim (ECAB 21-1010)
A VA medical records technician reported contracting COVID-19 at work and submitted physician notes describing ongoing symptoms and work restrictions. OWCP denied the claim because it found the evidence insufficient to establish a COVID-19 diagnosis. The Board found that OWCP had not considered all…
A.D. and U.S. Postal Service, Post Office, Larchmont, NY
Board upholds denial of mail carrier's low back claim (ECAB 21-0415)
A mail carrier claimed that lifting packages and other duties worsened a low back condition following an earlier work injury. OWCP denied the occupational disease claim because it found the medical evidence insufficient to link the condition to the accepted work factors. The Board agreed that the…
Secretary of Labor v. Marfork Coal Company, LLC
Repeated processing defect barred reopening
Marfork Coal missed the deadline to contest seven citations because an executive assistant did not change the assessment's status from “New” to “Ready for Review” in the parent company's internal system. The same assistant and same error had caused another Alpha Metallurgical subsidiary to miss a…
Astro Auto Wrecking, LLC
In re Astro Auto Wrecking, LLC (EAB CWA Appeal No. 23-(01)): review declined and default order becomes final
The Presiding Officer issued a Default Order and Initial Decision involving Astro Auto Wrecking, LLC on May 1, 2023. Neither party appealed, and the Environmental Appeals Board declined to review the case on its own initiative. The Default Order and Initial Decision were therefore set to become a…
Secretary of Labor v. Miller Contracting Services, LLC
Lost mail supported reopening
Miller Contracting said it timely mailed a contest for Citation No. 9488618, but MSHA never received the form. The operator's short filing did not provide supporting details or documentation. Even so, Miller sought reopening promptly, filing 32 days after the assessment became a final Commission…
A.B. and U.S. Postal Service, Milton Post Office, Milton, NH
Board orders more medical review of postal carrier’s disability claim (ECAB 22-1128)
A rural carrier associate sought wage-loss compensation after a work-related vehicle accident for which OWCP accepted thoracic and lumbar strains. OWCP denied disability for January 11 through October 23, 2020. The Board found that OWCP had obtained a second medical opinion about her work capacity…
L.J. and Department of Veterans Affairs, Edward Hines, Jr. VA Hospital, Hines, IL
Board orders new review of VA clerk’s COVID-19 claim (ECAB 22-0803)
A VA personnel clerk reported contracting COVID-19 from coworkers and submitted a physician note and a positive test result. OWCP accepted that workplace exposure occurred but denied the claim for lack of a sufficient diagnosis. It later rejected his request for review of the written record as…
J.P. and Department of Justice, Bureau of Prisons, Tucson, AZ
Board orders new review of prison officer’s COVID-19 claim (ECAB 22-0137)
A federal correctional officer claimed that he contracted COVID-19 at work and submitted a rapid test document along with other medical evidence. OWCP denied his claim because it found the diagnosis evidence insufficient. The Board found that OWCP had not considered all applicable COVID-19…
B.S. and Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Terre Haute, Terre Haute, IN
Board orders new review of prison administrator’s COVID-19 claim (ECAB 21-1243)
A federal prison administrator reported contracting COVID-19 at work and supplied a positive swab test from a hospital testing site. OWCP denied the claim because it found the evidence insufficient to establish a diagnosis. The Board found that OWCP had not considered all applicable criteria under…
T.O. and Department of Homeland Security, U.S. Customs and Border Protection, Chicago, IL
Board orders new review of border scientist’s COVID-19 claim (ECAB 21-1241)
A customs and border protection biological scientist reported contracting COVID-19 after close contact with infected coworkers. OWCP denied the claim for insufficient evidence connecting his diagnosis to the accepted exposure. He later submitted a positive PCR result, but OWCP declined to reopen…
M.N. and Department of Homeland Security, U.S. Customs & Border Protection, Calexico, CA
Board orders new review of border agent’s COVID-19 claim (ECAB 21-1097)
A customs and border protection agent reported contracting COVID-19 while inspecting travelers and submitted a positive antigen test. OWCP denied the claim because it found the medical evidence lacked a COVID-19 diagnosis, then declined to reopen it on reconsideration. The Board found that OWCP had…
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.