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Gordon v. St. Mary's Healthcare Center9/20/2000
(citation omitted). DOL determined that Gordon did not sustain her burden on this issue, and that her testimony was lacking in credibility. There is more than sufficient evidence in the record to support this determination, and Gordon has the burden of proof, both in the sense of burden of persuasion and burden of production, on giving timely notice of her injuries, or an exception-either actual knowledge by the employer or other good cause. She failed to prove that she provided written notice within three days of the injury and further failed to prove that she met either of the two statutory exceptions. We are not left with a definite and firm conviction that a mistake was made, and the decision of the circuit court is affirmed.
[ ] Because our decision is to affirm, we do not reach the employer's and insurer's notice of review issues.
[ ] AMUNDSON, KONENKAMP and GILBERTSON, Justices, concur.
[ ] SEVERSON, Circuit Judge, for MILLER, Chief Justice, disqualified.
[ ] SABERS, Justice, disqualified.
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