Wetterhahn v. Kimm Co.

I respectfully dissent. Although I may disagree with the decision of the referee and the Commissioner’s representative, I would affirm because the “narrow standard of review” on appeal requires this court to defer to the Commissioner’s factual findings. See Reserve Mining Co. v. Gorecki, 316 N.W.2d 547, 549 (Minn.1982); see also, Nyberg v. R.N. Cardozo & Brother, Inc., 243 Minn. 361, 364, 67 N.W.2d 821, 823 (1954). The Commissioner’s findings must be reviewed in a light most favorable to the decision and cannot be disturbed “if there is evidence reasonably tending to sustain them.” Reserve…