Viola E. Egbert v. Raymond J. Donovan, Secretary of Labor, United States Department of Labor

This case involves two issues under Title II of the Redwood National Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-213, 92 Stat. 163,172 -182 (1978). First, whether the Secretary may at any time reopen the determination of an employee’s entitlement to benefits, and, second, whether receipt of Social Security disability payments bars a claimant from benefits under the Act where the Secretary is contesting the claim. We rule for the employee on both points.

The Secretary concedes that equitable concerns may in special cases bar reconsideration of entitlement determinations, despite the broad statement in regulations promulgated under the Act. See 29 C.F.R. 92.50(r). The instant case is most appropriate for determining that equitable princ i ples bar the Secretary from reopening the ,. „ , ,• • question of employee eligibility. The issue is whether the employee was terminated A , prior to the effective date of the Act, as 5 distinct from being continued m a disabled status. That issue was determined by the 0 , „ Secretary some four years ago, and at that . , relatiwlv ÍTlnniVv focused on events that transpired some seven years before The infor^ation the gec. retary now…