29 C.F.R. § 2700.72
[Reserved]
Notes of Decisions
Cited in 4
cases, 1998–2013 · leading case: Olson v. Fed. Mine Saf. & Health Review Comm'n, 381 F.3d 1007 (10th Cir. 2004).
Olson v. Fed. Mine Saf. & Health Review Comm'n, 381 F.3d 1007 (10th Cir. 2004). “That decision is not entitled to deference, however, because the Commission did not review the ALJ’s decision, and the decision is therefore not binding precedent under the Commission’s rules, see 29 C.F.R. § 2700.72 (“An unre-viewed decision of [an ALJ] is not a precedent…”
Big Ridge, Inc. v. Fed. Mine Saf. & Health Review Comm'n, 715 F.3d 631 (7th Cir. 2013). “Nevertheless, we recognize that the ALJ gave serious consideration to the problem, and we can and should consider the merits of his reasoning.”
Walker Stone Co., Inc. v. The Sec'y of Labor Fed. Mine Saf. & Health Review Comm'n, 156 F.3d 1076 (10th Cir. 1998). “See 29 C.F.R. § 2700.72 . 5 . Walker Stone's reliance on Phelps Dodge Corp.”
Walker Stone Co. v. MSHA (10th Cir. 1998). “Their work was thus aimed at unclogging the portion of the machinery which posed the hazard.”
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