Evidence: Substantial Credible Evidence

Gamble v. Sears, 2007 MT 131, 337 Mont. 354, 160 P.2d 537 When reviewing the WCC’s findings of fact, the court does not resolve conflicts in evidence and does not consider whether evidence supports findings that are different than those made by the WCC. Review is confined to determining whether substantial credible evidence supports the findings made by the WCC.

Gamble v. Sears, 2007 MT 131, 337 Mont. 354, 160 P.2d 537 The Montana Supreme Court has held that substantial credible evidence is that which a reasonable mind could accept as adequate to support a conclusion. Indicating the high level of deference the court accords to the WCC’s factual findings, evidence will be considered substantial even if it is contradicted by other evidence, even if it is somewhat less than a preponderance, and even if it is inherently weak. However, it must be more than a mere “scintilla” and it must rise above the level of “trifling or frivolous.”