Buttrey requested a contested case hearing. After hearing the DLI hearing examiner affirmed the waiver, and the present petition for judicial review ensued. On record before the Department of Labor and Industry were facts which clearly showed that Respondent had knowledge of her condition which should have led her to file her claim in a timely manner. . . . The standard of this Court's review is well established. On appeal the Court will not re-weigh the evidence.
Conclusions of law are reviewable to determine if they are correct.
In case of personal injury or death, all claims must be forever barred unless presented in writing to the employer, the insurer, or the department, as the case may be, within 12 months from the date of the happening of the accident, either by the claimant or someone legally authorized to act for him in his behalf. A pre-hearing order governing the proceeding below was prepared by the hearing examiner and filed on August 31, 1992. According to the certificate of service, it was mailed on that date to counsel for both parties. The quoted statement also appears as an uncontested fact in the hearing examiner's findings of fact. Buttrey's assertion in this regard is made for the first time in a reply brief filed with this Court on appeal.