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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of PATRICIA A. WARREN and U.S. POSTAL SERVICE, POST OFFICE, Jackson, TN Docket No. 00687; Submitted on the Record; Issued

“ The Office of Workers Compensation Programs has reviewed the underlying information provided in this petition, has consulted with the claimant, the petitioner, and several other persons, and finds that the circumstances relating to this decision warrant reconsideration of the decision. Appellants' requests for reconsideration were not sufficient to warrant a ruling at this juncture. Therefore, the Office of Workers Compensation Programs' determination that appellants' requests for reconsideration were not sufficient for merit review and, accordingly, was appropriate for a decision on the merits will remain unchanged. (2) The Office of Workers Compensation Programs hereby denies the petition and denies the request for reconsideration in this case. (a) The Office of Workers Compensation Programs (OPCW), through its Administrative Appeals Board, has reviewed and considered all relevant and material information presented in this petition. The Administrative Appeals Board found sufficient information and found no reason to deny appellants' requests for reconsideration under Section 50-5a of the Tennessee Code of Judicial Conduct. The Administrative Appeals Board further found that the Office of Workers Compensation Programs properly made its decision in this case. In light of these findings, the Administrative Appeals Board did not conclude, nor did it reach, an issue of statutory interpretation or legal authority with respect to Section 50-5a of the Tennessee Code of Judicial Conduct. (b), © The Office of Workers Compensation Programs will not issue an administrative order at this juncture. The issue will be considered by the Administrative Appeals Board as a whole only at a later date. © Appellants who are denied a merit review will also have the opportunity to address these issues in the administrative appeal system set forth in Tenn. R. CIV. P. 50-5a. © The Office of Workers Compensation Programs also hereby orders that the administrative appeal proceedings be conducted as specified in Section 50-5a(c)(3) of the Tennessee Code of Judicial Conduct. (3) If the Secretary of Labor determines that an appeal should be heard by the Board of Workers Compensation Appeals the Secretary may authorize the Secretary to appoint a hearing officer, which hearing officer shall be a hearing officer to be appointed pursuant to Section 49B-5 of the Code of Civil Procedure. The hearing officer shall be nominated by the Secretary after consultation with representatives of the parties and after such hearing officers as may be appointed pursuant to Section 49B-5 shall render a decision.

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