She was taken off work indefinitely by Dr. Holte on December 14, 1994. The circuit court upheld the Department's decision and this Court affirmed on appeal. After a hearing in October 1997, the Department ruled against Enger on all issues in a decision dated August 19, 1998. FMC and its insurer appeal the paratial lump sum issue, and Enger, by notice of review, appeals the total lump sum benefits and unpaid benefit issues. This case involves questions of fact, questions of law, and mixed questions of law and fact.
Questions of fact are subject to clearly erroneous review.
A decision is clearly erroneous if, after reviewing the entire record, the reviewing court is left with a definite and firm conviction that a mistake has been made. When the issue involves a question of mixed law and fact requiring the application of a legal standard, the Court will treat the issue as a question of law subject to de novo review. Therefore, the law in effect in January 1993 is relied upon in this case. See 21, infra . Enger's appeal of this determination involves a mixed question of law and fact.