Herman v. Miners' Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding a claim was not time barred when the employer had actual notice of an injury but failed to file the required report
• stating that “the 15 employer must have knowledge of the accident, not merely the injury”
• noting that while whole record review does not allow appellate court to reweigh evidence, it does afford court “greater latitude to determine whether a finding of fact was reasonable based on the evidence”
• finding that the Hospital knew of the decedent’s heart attack, her stressful schedule, and an argument that she had with one of the hospital’s surgeons on the day of her death
• “We will not, however, substitute our judgment for that of the agency; although the evidence may support inconsistent findings, we will not disturb the agency’s finding if supported by substantial evidence on the record as a whole.”
• “the employer must have knowledge of the accident, not merely the injury”

Source: CourtListener parenthetical corpus (CC0).