The Briefing: Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence

Welcome to The Briefing – a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news.

In this week’s episode, Gordon Klug, Partner in the Seattle, Washington, office, discusses his latest Legal Alert, “Don’t Just WISHA that Your Evidence Will Speak for Itself: Washington Court of Appeals Dismisses the Need to Re-Weigh the Value of Substantial Evidence.” In this opinion, the Washington Court of Appeals reviewed the Board’s decision in a WISHA appeal based on the record presented before the agency, without re-weighing the evidence, but instead construing the evidence in the light most favorable to the prevailing party. Further reiterating that the Board’s findings of fact are conclusive if supported by substantial evidence and providing greater clarity to the construal of substantial evidence.

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