Judicial Review: Standard of Review: Substantial Evidence

Standard Fire Ins. Co. v. Victoria Austin [12/10/99] 1999 MTWCC 80 Under the statutory "clearly erroneous" standard applicable to the WCC's review of DOL hearing officer's finding that claimant suffered an OD, the WCC does not have license to reweigh evidence or second guess the hearing officer's determinations of credibility. Where there is substantial evidence to support the hearing officer's findings and conclusions, they will not be overturned and the appeal is denied.