Kirby v. Donovan

727 F.2d 869 Harry C. KIRBY, Paul L. Henry, Gary Blickenstaff and Robert B. Blachly, and Francis J. Parker and Dennis L. Emmons, Petitioners, v. Raymond J. DONOVAN, Secretary of Labor, Respondent. Nos. 83-7238, 83-7239, 83-7336 and 83-7488. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1983. Decided March 6, 1984. As Modified on Denial of Rehearing May 3, 1984. John William Cumming, Eureka, Cal., for petitioners. Sally E. Mathiasen, Dept. of Labor, Washington, D.C., for respondent. Petition for Review of a Decision by the Department of Labor. Before MERRILL, Senior Circuit Judge, BOOCHEVER, Circuit Judge, and WYZANSKI, * Senior District Judge. BOOCHEVER, Circuit Judge: 1 This is a consolidated petition for review involving the claims of six employees denied benefits under the Redwood Employee Protection Program (REPP), enacted by Congress as part of the Redwood National Park Expansion Act, Pub.L. 95-250, 92 Stat. 163 (1978) (the Redwood Act). In each case the employee was receiving workers' compensation temporary total disability benefits but was released by his doctor for light duty work. The employer, Simpson Timber Company, refused reemployment…