(dissenting).
The Department of Labor, pursuant to the agreement of the parties, was to determine whether Foltz was permanently, totally disabled due to a work-related injury. Foltz presented live testimony, in addition to his own testimony, as well as deposition testimony at the hearing. After examining the evidence, the hearing officer entered four findings of fact, which state that Foltz knowingly and falsely testified regarding matters material to the disputed issues. The decision of the Department, as evidenced in Conclusion of Law VI, states:
As Claimant [Foltz] has failed to meet his burden of proof that he is permanently disabled, Claimant’s [Foltz] request for permanent partial or permanent total benefits due to his alleged vision loss is denied. (Emphasis supplied.)
When reviewing a decision from the Department of Labor, we have given great weight to its findings because of the hearing officer’s opportunity to observe and listen to the witnesses and determine their credibility. Erickson v. Minnesota Gas Co., 358 N.W.2d 526 (S.D.1984). Only when left with a definite and firm conviction that a mistake has been made, on a credibility determination, should this court substitute its judgment for that of the agency. Lien v. Miracle Span Corp., 456 N.W.2d 563 (S.D.1990). The Department is not required to subscribe to the testimony of a claimant but has the latitude to choose between conflicting testimony. Kennedy v. Hubbard Milling Co., 465 N.W.2d 792 (S.D.1991). Foltz failed to prove that he was totally disabled.
A review of the record does not and should not leave this appellate court with a definite and firm conviction that a mistake was made on this permanent, total disability claim. Therefore, I respectfully dissent.
*348I am authorized to state that Justice HENDERSON joins in this dissent.