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

KENNEDY, Circuit Judge:

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…