Leonard A. Hanley v. Raymond J. Donovan, Secretary of Labor, Lorne J. Haddorff v. Raymond J. Donovan, Secretary of Labor
Opinion
Opinion
Farris, J.
Leonard A. Hanley and Lome J. Haddorff appeal from the Assistant Secretary of Labor’s determination that they are liable for overpayments of benefits erroneously made to them under the Redwood Employee Protection Program, Title II of the Redwood National Park Expansion Act of 1978, Pub.L. No. 95-250, §§ 201-13, 92 Stat. 163 , 172-82 (1978). We have jurisdiction under 16 U.S.C. § 79l(h).
FACTS
Title II of the Redwood National Park Expansion Act provides for benefits, including weekly layoff payments, severance payments, and retraining, to forest industry workers who are adversely affected by the expansion of the Redwood National Park. §§ 203, 205(b), 208, 210. In accordance with 29 C.F.R. § 92.12 , Hanley and Haddorff filed applications with the California Employment Development Department for weekly layoff payments. After finding both claimants eligible for REPP benefits, the EDD determined the amount of weekly layoff payments by the length of the claimant’s employment in the forest industry, the annual average number of hours previously worked and the applicable wage rate for the claimant’s previous highest paid forest industry job. See §§ 206-208.