Gerald F. Jackson v. Raymond J. Donovan, Secretary of Labor, United States Department of Labor

Petitioner Gerald F. Jackson seeks review of an administrative decision declaring him ineligible for benefits under Title II of the Redwood National Park Expansion Act of 1978, Pub.L. 95-250, 92 Stat. 163, 172-182, and holding him liable for repayment of $18,192.25 in benefits that he has already received.

Jackson was employed for many years by Twin Parks Lumber Company. He lost his job in 1978 when Twin Parks went out of business. The Secretary, through his agent, the California Employment Development Department (EDD), determined that Jackson was eligible for income replacement benefits under the Act.

In 1981, the Secretary, again acting through EDD, reversed his earlier determination. EDD decided that Jackson was not entitled to Redwood Act benefits and never had been, notified Jackson that he had been overpaid, and demanded restitution in the amount of $82,192.25. The reason given for this reversal was that Jackson had held an executive or managerial position at Twin Parks and thus did not meet the eligibility requirement of Redwood Act § 201(3). After exhausting administrative remedies, Jackson brought this petition for review. We reverse the Secretary’s denial of…