Preponderance of Evidence

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.