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

The Briefing with Smith Freed Eberhard

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.