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Legal Resources | Labor Code |  LC  3202.5  

Workers' Compensation and Insurance; Preponderance of Evidence   

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All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence in order that all parties are considered equal before the law.

"Preponderance of the evidence" means that evidence that, when weighed with that opposed to it, has more convincing force and the greater probability of truth. When weighing the evidence, the test is not the relative number of witnesses, but the relative convincing force of the evidence.

(Amended by stats 2004. Ch 3, Sec 9.)