Barker v. Fischbach & Moore, Inc.

The majority attempts to circumvent the substantial evidence rule in this case by characterizing the issue as a question of law. However, it is clear from an examination of the commission’s decision that they correctly applied the law to the evidence before them. The majority points to no definitive interpretation of law that is erroneous. Thus, the only question for review is whether there is evidence to support the commission.

The majority decides that the record shows no special risk or hazard involved in traveling to or from the job site and affirms the commission on that issue. However,…