Judicial Review: Standard of Review: Clearly Erroneous
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ERD/UEF v. Total Mechanical Heating [11/17/00] 2000 MTWCC 71 Court does not improperly substitute its judgment for the judgment of an agency where the agency decision is clearly erroneous. |
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ERD/UEF v. Total Mechanical Heating [11/17/00] 2000 MTWCC 71 Court does not improperly substitute its judgment for the judgment of an agency where the agency decision is based on an error of law. |
| Boldosser v. State Fund [6/10/96] 1996 MTWCC 42 Section 39-72-612(2), MCA (1993) permits WCA to reverse DOL hearing officer where decision below was "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record." |