Findings of Fact by the Workers Compensation Board
Findings supported by substantial evidence will be upheld by an appellate court even though evidence in the record would have supported contrary findings. Shields v. J. E. Dunn Constr. Co., 24 Kan. App. 2d 382, 385, 946 P.2d 94 (1997).
Substantial competent evidence is evidence possessing something of substance and relevant consequence, and carrying with it fitness to induce conviction that the award is proper, or furnishing substantial basis of fact from which the issue tendered can be reasonably resolved. Depew v. NCR Engineering & Manufacturing, 263 Kan. 15, 26, 947 P.2d 1 (1997).
Whether the findings of fact by the Workers Compensation Board are supported by substantial competent evidence is a question of law. Roberts v. J.C. Penney Co., 263 Kan. 270, 274, 949 P.2d 613 (1997).
The appellate court will not reweigh evidence or evaluate witnesses' credibility. Bradford v. Boeing Military Airplanes, 261 Kan. 1084, 22 Kan. App. 2d 868, 871, 924 P.2d 1263, rev, denied 261 Kan. 1084, 22 Kan. App. 2d 868, 924 P.2d 1263 (1996).