In order to prevail at a workers’ compensation hearing, a party usually must prove their argument by a “preponderance of the evidence”. This is a civil burden of proof which is less rigorous than the “clear and convincing evidence” standard necessary to overcome the opinion of a Division-sponsored independent medical evaluation, or the very strict evidentiary standard used in criminal cases , “beyond a reasonable doubt”. In practical terms, the “preponderance of the evidence” standard generally means that the party must provide substantially more evidence to support the argument than the other party.
Cairns & Associates, P.C.
3900 E. Mexico Avenue
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Denver, CO 80210
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