Appeals (To Workers' Compensation Court): Standard of Review

Montana State Fund v. Pardis [05/10/06] 2006 MTWCC 21 Appeals to this Court from the Department of Labor and Industry are subject to the applicable provisions of the Montana Administrative Procedures Act (MAPA). Section 2-4-704(2), MCA, sets forth the standard of review which this Court utilizes in reaching its determination.
Ross v. State Fund [2/28/96] 1996 MTWCC 2 Section 39-71-1018, MCA (1987) provided for appeal from the department's final order in a rehabilitation matter to the WCC. While the WCC may not substitute its judgment for that of the agency as to the weight of the evidence (section 2-4-704(2), MCA), where the case was submitted to the hearing officer on exhibits, depositions and briefs, the WCC was not required to defer to the hearing officer's determination of facts and was in as good a position as the department to review the evidence.