Legal Opinion · Dissent

Paullas v. Andersen Excavating

Idaho Supreme Court

Decided July 16, 1987No. 16437Published

1DissentShepard, Chief Justice

I cannot agree with the majority’s conclusion reversing the Commission’s decision.

The standard of review of Industrial Commission orders by this Court is limited. I.C. § 72-732 provides in pertinent part:

Disposition of appeal — Jurisdiction of supreme court. — Upon hearing the court may affirm or set aside such order or award, or may set it aside only upon any of the following grounds:(1) The commission’s findings of fact are not based on any substantial competent evidence;

*161Clearly, this Court is not to substitute its views of the facts for the findings made by the Industrial Commission if…

2Cases cited35 opinions

  1. Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
  2. Merrill v. Duffy Reed Construction Co.Idaho Supreme Court · 1960
  3. Sgattone v. Mulholland & Gotwals, Inc.Supreme Court of Pennsylvania · 1927
  4. Pinson Ex Rel. Pinson v. Minidoka Highway DistrictIdaho Supreme Court · 1940
  5. Tarr v. Hecla Coal & Coke Co.Supreme Court of Pennsylvania · 1920

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